II

Calendar No. 188

105TH CONGRESS

1ST SESSION S. 1173

[Report No. 105–95]

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 12, 1997

Mr. WARNER (for himself, Mr. CHAFEE, Mr. BAUCUS, Mr. BOND, Mr. SMITH

of New Hampshire, Mr. GRAHAM, Mr. REID, Mr. KEMPTHORNE, Mr.

THOMAS, Mr. ALLARD, Mr. INHOFE, Mr. DORGAN, Mr. HARKIN, Mr.

GRASSLEY, Mr. JOHNSON, Mr. CAMPBELL, Mr. BURNS, Mr. ROBB, Ms.

MOSELEY-BRAUN, and Mr. CONRAD) introduced the following bill; which

was read twice and referred to the Committee on Environment and Public

Works

OCTOBER 1, 1997

Reported by Mr. CHAFEE, with amendments

MARCH 12, 1998

Committee substitute, as modified and amended, agreed to; S. 1173 read a

third time and returned to the Calendar

MARCH 16, 1998

Ordered to be printed as amended

A BILL

To authorize funds for construction of highways, for highway

safety programs, and for mass transit programs, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1173 OPS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Intermodal Surface Transportation Efficiency Act of

4 1998’’.

5 (b) TABLE OF CONTENTS.—The table of contents of this

6 Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition.

TITLE I—SURFACE TRANSPORTATION

Sec. 1001. Short title.

Subtitle A—General Provisions

Sec. 1101. Authorizations.

Sec. 1102. Apportionments.

Sec. 1103. Obligation ceiling.

Sec. 1104. Obligation authority under surface transportation program.

Sec. 1105. Emergency relief.

Sec. 1106. Federal lands highways program.

Sec. 1107. Recreational trails program.

Sec. 1108. Value pricing pilot program.

Sec. 1109. Highway use tax evasion projects.

Sec. 1110. Bicycle transportation and pedestrian walkways.

Sec. 1111. Disadvantaged business enterprises.

Sec. 1112. Federal share payable.

Sec. 1113. Studies and reports.

Sec. 1114. Definitions.

Sec. 1115. Cooperative Federal Lands Transportation Program.

Sec. 1116. Trade corridor and border crossing planning and border infrastructure.

Sec. 1117. Appalachian development highway system.

Sec. 1118. Interstate 4R and bridge discretionary program.

Sec. 1119. Magnetic levitation transportation technology deployment program.

Sec. 1120. Woodrow Wilson Memorial Bridge.

Sec. 1121. National Highway System components.

Sec. 1122. Highway bridge replacement and rehabilitation.

Sec. 1123. Congestion mitigation and air quality improvement program.

Sec. 1124. Safety belt use law requirements.

Sec. 1125. Sense of the Senate concerning reliance on private enterprise.

Sec. 1126. Study of use of uniformed police officers on Federal-aid highway construction projects.

Sec. 1127. Contracting for engineering and design services.

Sec. 1128. Additional funding.

Sec. 1129. Ambassador Bridge access, Detroit, Michigan.

Sec. 1130. Transportation assistance for Olympic cities.

Sec. 1131. National defense highways outside the United States.

Sec. 1132. National historic covered bridge preservation.
3

S 1173 OPS

Subtitle B—Program Streamlining and Flexibility

CHAPTER 1—GENERAL PROVISIONS

Sec. 1201. Administrative expenses.

Sec. 1202. Real property acquisition and corridor preservation.

Sec. 1203. Availability of funds.

Sec. 1204. Payments to States for construction.

Sec. 1205. Proceeds from the sale or lease of real property.

Sec. 1206. Metric conversion at State option.

Sec. 1207. Report on obligations.

Sec. 1208. Terminations.

Sec. 1209. Interstate maintenance.

Sec. 1210. Engineering cost reimbursement.

CHAPTER 2—PROJECT APPROVAL

Sec. 1221. Transfer of highway and transit funds.

Sec. 1222. Project approval and oversight.

Sec. 1223. Surface transportation program.

Sec. 1224. Design-build contracting.

Sec. 1225. Integrated decisionmaking process.

CHAPTER 3—ELIGIBILITY AND FLEXIBILITY

Sec. 1231. Definition of operational improvement.

Sec. 1232. Eligibility of ferry boats and ferry terminal facilities.

Sec. 1233. Flexibility of safety programs.

Sec. 1234. Eligibility of projects on the National Highway System.

Sec. 1235. Eligibility of projects under the surface transportation program.

Sec. 1236. Design flexibility.

Subtitle C—Finance

CHAPTER 1—GENERAL PROVISIONS

Sec. 1301. State infrastructure bank program.

CHAPTER 2—TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

Sec. 1311. Short title.

Sec. 1312. Findings.

Sec. 1313. Establishment of program.

Sec. 1314. Office of Infrastructure Finance.

Subtitle D—Safety

Sec. 1401. Operation lifesaver.

Sec. 1402. Railway-highway crossing hazard elimination in high speed rail corridors.

Sec. 1403. Railway-highway crossings.

Sec. 1404. Hazard elimination program.

Sec. 1405. Minimum penalties for repeat offenders for driving while intoxicated

or driving under the influence.

Sec. 1406. Safety incentive grants for use of seat belts.

Sec. 1407. Automatic crash protection unbelted testing standard.

Sec. 1408. National standard to prohibit operation of motor vehicles by intoxicated individuals.
4

S 1173 OPS

Sec. 1409. Open container laws.

Sec. 1410. Report on effects of allowing heavier weight vehicles on certain highways.

Subtitle E—Environment

Sec. 1501. National scenic byways program.

Sec. 1502. Public-private partnerships.

Sec. 1503. Wetland restoration pilot program.

Subtitle F—Planning

Sec. 1601. Metropolitan planning.

Sec. 1602. Statewide planning.

Sec. 1603. Advanced travel forecasting procedures program.

Sec. 1604. Transportation and community and system preservation pilot program.

Subtitle G—Technical Corrections

Sec. 1701. Federal-aid systems.

Sec. 1702. Miscellaneous technical corrections.

Sec. 1703. Nondiscrimination.

Sec. 1704. State transportation department.

Subtitle H—Miscellaneous Provisions

Sec. 1801. Designation of portion of State Route 17 in New York and Pennsylvania as Interstate Route 86.

Sec. 1802. Identification of high priority corridor routes in Louisiana.

Sec. 1803. Sense of Senate concerning the operation of longer combination vehicles.

Sec. 1804. International Bridge, Sault Ste. Marie, Michigan.

Sec. 1805. Amendment to National Trails System Act.

Sec. 1806. Amendments to title 23.

Sec. 1807. Limitations.

Sec. 1808. Additional qualified expenses available to nonamtrak States.

Sec. 1809. Continuance of commercial operations at certain service plazas in the

State of Maryland.

Sec. 1810. Pennsylvania Station Redevelopment Corporation Board of Directors.

Sec. 1811. Union Station Redevelopment Corporation Board of Directors.

Sec. 1812. Additions to Appalachian region.

Sec. 1813. Southwest border transportation infrastructure assessment.

Sec. 1814. Modification of high priority coridor.

Sec. 1815. Designation of corridors in Mississippi and Alabama as routes on the

interstate system.

Sec. 1816. Reauthorization of ferry and ferry terminal program.

Sec. 1817. Report on utilization potential.

TITLE II—RESEARCH AND TECHNOLOGY

Subtitle A—Research and Training

Sec. 2001. Strategic research plan.

Sec. 2002. Multimodal Transportation Research and Development Program.

Sec. 2003. National university transportation centers.

Sec. 2004. Bureau of Transportation Statistics.

Sec. 2005. Research and technology program.
5

S 1173 OPS

Sec. 2006. Advanced research program.

Sec. 2007. Long-term pavement performance program.

Sec. 2008. State planning and research program.

Sec. 2009. Education and training.

Sec. 2010. International highway transportation outreach program.

Sec. 2011. National technology deployment initiatives and partnerships program.

Sec. 2012. Infrastructure investment needs report.

Sec. 2013. Innovative bridge research and construction program.

Sec. 2014. Use of Bureau of Indian Affairs administrative funds.

Sec. 2015. Study of future strategic highway research program.

Sec. 2016. Advanced vehicle technologies program.

Sec. 2017. Transportation and environment cooperative research program.

Sec. 2018. Recycled Materials Resource Center.

Sec. 2019. Conforming amendments.

Sec. 2020. Remote sensing and spatial information technologies.

Subtitle B—Intelligent Transportation Systems

Sec. 2101. Short title.

Sec. 2102. Findings.

Sec. 2103. Intelligent transportation systems.

Sec. 2104. Conforming amendment.

Subtitle C—Funding

Sec. 2201. Funding.

TITLE III—INTERMODAL TRANSPORTATION SAFETY AND RELATED

MATTERS

Sec. 3001. Short title.

Sec. 3002. Amendment of title 49, United States Code.

Subtitle A—Highway Safety

Sec. 3101. Highway safety programs.

Sec. 3102. National driver register.

Sec. 3103. Authorizations of appropriations.

Sec. 3104. Motor vehicle pursuit program.

Sec. 3105. Enforcement of window glazing standards for light transmission.

Sec. 3106. Improving air bag safety.

Sec. 3107. Roadside safety technologies.

Subtitle B—Hazardous Materials Transportation Reauthorization

Sec. 3201. Findings and purposes; definitions.

Sec. 3202. Handling criteria repeal.

Sec. 3203. Hazmat employee training requirements.

Sec. 3204. Registration.

Sec. 3205. Shipping paper retention.

Sec. 3206. Public sector training curriculum.

Sec. 3207. Planning and training grants.

Sec. 3208. Special permits, pilot programs, and exclusions.

Sec. 3209. Administration.

Sec. 3210. Cooperative agreements.

Sec. 3211. Enforcement.

Sec. 3212. Penalties.
6

S 1173 OPS

Sec. 3213. Preemption.

Sec. 3214. Judicial review.

Sec. 3215. Hazardous material transportation reauthorization.

Sec. 3216. Authorization of appropriations.

Subtitle C—Comprehensive One-Call Notification

Sec. 3301. Findings.

Sec. 3302. Establishment of one-call notification programs.

Subtitle D—Motor Carrier Safety

Sec. 3401. Statement of purposes.

Sec. 3402. Grants to States.

Sec. 3403. Federal share.

Sec. 3404. Authorization of appropriations.

Sec. 3405. Information systems and strategic safety initiatives.

Sec. 3406. Improved flow of driver history pilot program.

Sec. 3407. Motor carrier and driver safety research.

Sec. 3408. Authorization of appropriations.

Sec. 3409. Conforming amendments.

Sec. 3410. Automobile transporter defined.

Sec. 3411. Repeal of review panel; review procedure.

Sec. 3412. Commercial motor vehicle operators.

Sec. 3413. Penalties.

Sec. 3414. International registration plan and international fuel tax agreement.

Sec. 3415. Study of adequacy of parking facilities.

Sec. 3416. Application of regulations.

Sec. 3417. Authority over charter bus transportation.

Sec. 3418. Federal motor carrier safety investigations.

Sec. 3419. Foreign motor carrier safety fitness.

Sec. 3420. Commercial motor vehicle safety advisory committee.

Sec. 3421. Waivers; exemptions; pilot programs.

Sec. 3422. Commercial motor vehicle safety studies.

Sec. 3423. Increased MCSAP participation impact study.

Sec. 3424. Exemption from certain regulations for utility service commercial

motor vehicle drivers.

Sec. 3425. School transportation safety.

Subtitle E—Rail and Mass Transportation Anti-Terrorism; Safety

Sec. 3501. Purpose.

Sec. 3502. Amendments to the ‘‘wrecking trains’’ statute.

Sec. 3503. Terrorist attacks against mass transportation.

Sec. 3504. Investigative jurisdiction.

Sec. 3505. Safety considerations in grants or loans to commuter railroads.

Sec. 3506. Railroad accident and incident reporting.

Sec. 3507. Mass transportation buses.

Subtitle F—Sportfishing and Boating Safety

Sec. 3601. Amendment of 1950 Act.

Sec. 3602. Outreach and communications programs.

Sec. 3603. Clean Vessel Act funding.

Sec. 3604. Boating infrastructure.

Sec. 3605. Boat safety funds.
7

S 1173 OPS

Subtitle G—Miscellaneous

Sec. 3701. Light density rail line pilot projects.

Sec. 3702. Section 1407.

Sec. 3703. Designation of New Mexico commercial zone.

TITLE IV—OZONE AND PARTICULATE MATTER STANDARDS

Sec. 4101. Findings and purpose.

Sec. 4102. Particulate matter monitoring program.

Sec. 4103. Ozone designation requirements.

Sec. 4104. Additional provisions.

TITLE V—MASS TRANSIT

Sec. 5001. Short title.

Sec. 5002. Authorizations.

Sec. 5003. Capital projects and small area flexibility.

Sec. 5004. Metropolitan planning.

Sec. 5005. Metropolitan planning organizations.

Sec. 5006. Fare box revenues.

Sec. 5007. Clean fuels formula grant program.

Sec. 5008. Capital investment grants and loans.

Sec. 5009. Transit supportive land use.

Sec. 5010. New starts.

Sec. 5011. Joint partnership for deployment of innovation.

Sec. 5012. Workplace safety.

Sec. 5013. University transportation centers.

Sec. 5014. Job access and reverse commute grants.

Sec. 5015. Grant requirements.

Sec. 5016. HHS and public transit service.

Sec. 5017. Proceeds from the sale of transit assets.

Sec. 5018. Operating assistance for small transit authorities in large urbanized

areas.

Sec. 5019. Apportionment of appropriations for fixed guideway modernization.

Sec. 5020. Urbanized area formula study.

Sec. 5021. Intercity rail infrastructure investment from mass transit account of

highway trust fund.

Sec. 5022. New start rating and evaluation.

TITLE VI—REVENUE

Sec. 6001. Short title; amendment of 1986 Code.

Sec. 6002. Extension and modification of highway-related taxes and trust fund.

Sec. 6003. Mass Transit Account.

Sec. 6004. Tax-exempt financing of qualified highway infrastructure construction.

Sec. 6005. Repeal of 1.25 cent tax rate on rail diesel fuel.

Sec. 6006. Election to receive taxable cash compensation in lieu of nontaxable

qualified transportation fringe benefits.

Sec. 6007. Tax treatment of certain Federal participation payments.

Sec. 6008. Delay in effective date of new requirement for approved diesel or kerosene terminals.

Sec. 6009. Repeal of certain limitation on expenditures.
8

S 1173 OPS

1 SEC. 2. DEFINITION.

2 In this Act, the term ‘‘Secretary’’ means the Secretary

3 of Transportation.

4 TITLE I—SURFACE

5 TRANSPORTATION

6 SEC. 1001. SHORT TITLE.

7 This title may be cited as the ‘‘Surface Transportation

8 Act of 1998’’.

9 Subtitle A—General Provisions

10 SEC. 1101. AUTHORIZATIONS.

11 (a) IN GENERAL.—For the purpose of carrying out

12 title 23, United States Code, the following sums shall be

13 available from the Highway Trust Fund (other than the

14 Mass Transit Account):

15 (1) INTERSTATE AND NATIONAL HIGHWAY SYS16 TEM PROGRAM.—For the Interstate and National

17 Highway System program under section 103 of that

18 title $11,977,000,000 for fiscal year 1998,

19 $11,949,000,000 for fiscal year 1999, $11,922,000,000

20 for fiscal year 2000, $11,950,000,000 for fiscal year

21 2001, $12,242,000,000 for fiscal year 2002, and

22 $12,659,000,000 for fiscal year 2003, of which—

23 (A) $4,600,000,000 for fiscal year 1998,

24 $4,609,000,000 for fiscal year 1999,

25 $4,637,000,000 for fiscal year 2000,

26 $4,674,000,000 for fiscal year 2001,
9

S 1173 OPS

1 $4,773,000,000 for fiscal year 2002, and

2 $4,918,000,000 for fiscal year 2003 shall be

3 available for the Interstate maintenance compo4 nent; and

5 (B) $1,400,000,000 for fiscal year 1998,

6 $1,403,000,000 for fiscal year 1999,

7 $1,411,000,000 for fiscal year 2000,

8 $1,423,000,000 for fiscal year 2001,

9 $1,453,000,000 for fiscal year 2002, and

10 $1,497,000,000 for fiscal year 2003 shall be

11 available for the Interstate bridge component.

12 (2) SURFACE TRANSPORTATION PROGRAM.—For

13 the surface transportation program under section 133

14 of that title $7,000,000,000 for fiscal year 1998,

15 $7,014,000,000 for fiscal year 1999, $7,056,000,000

16 for fiscal year 2000, $7,113,000,000 for fiscal year

17 2001, $7,263,000,000 for fiscal year 2002, and

18 $7,484,000,000 for fiscal year 2003.

19 (3) CONGESTION MITIGATION AND AIR QUALITY

20 IMPROVEMENT PROGRAM.—For the congestion mitiga21 tion and air quality improvement program under sec22 tion 149 of that title $1,150,000,000 for fiscal year

23 1998, $1,152,000,000 for fiscal year 1999,

24 $1,159,000,000 for fiscal year 2000, $1,169,000,000
10

S 1173 OPS

1 for fiscal year 2001, $1,193,000,000 for fiscal year

2 2002, and $1,230,000,000 for fiscal year 2003.

3 (4) FEDERAL LANDS HIGHWAYS PROGRAM.—

4 (A) INDIAN RESERVATION ROADS.—For In5 dian reservation roads under section 204 of that

6 title $200,000,000 for each of fiscal years 1998

7 through 2003.

8 (B) PARKWAYS AND PARK ROADS.—For

9 parkways and park roads under section 204 of

10 that title $90,000,000 for each of fiscal years

11 1998 through 2003.

12 (C) PUBLIC LANDS HIGHWAYS.—For public

13 lands highways under section 204 of that title

14 $172,000,000 for each of fiscal years 1998

15 through 2003.

16 (b) REDUCTION FOR AMOUNTS MADE AVAILABLE FOR

17 FISCAL YEAR 1998 UNDER SURFACE TRANSPORTATION EX18 TENSION ACT OF 1997.—Notwithstanding any other provi19 sion of this Act, the Secretary shall reduce the amounts

20 made available under this section, other provisions of this

21 Act, and the amendments made by this Act for fiscal year

22 1998 by the amounts made available under the Surface

23 Transportation Extension Act of 1997 (Public Law 105–

24 130) in the following manner:

25 (1) INTERSTATE MAINTENANCE.—
11

S 1173 OPS

1 (A) REDUCTION.—The amount made avail2 able to each State under the Interstate mainte3 nance component of the Interstate and National

4 Highway System program under section

5 104(b)(1)(A) of title 23, United States Code,

6 shall be reduced by the amount made available

7 to the State under section 2 of the Surface

8 Transportation Extension Act of 1997 (23

9 U.S.C. 104 note; 111 Stat. 2552) (and the

10 amendments made by that Act) (collectively re11 ferred to in this subsection as ‘‘STEA’’) for the

12 Interstate maintenance program.

13 (B) INSUFFICIENT INTERSTATE MAINTE14 NANCE FUNDS.—If—

15 (i) the amount made available to the

16 State under section 2 of STEA for the

17 Interstate maintenance program; exceeds

18 (ii) the amount made available to the

19 State under the Interstate maintenance

20 component under section 104(b)(1)(A) of

21 title 23, United States Code;

22 then, after the reduction required by subpara23 graph (A) is made, the amount made available

24 to the State under the Interstate bridge and other

25 National Highway System components of the
12

S 1173 OPS

1 Interstate and National Highway System pro2 gram under subparagraphs (B) and (C) of sec3 tion 104(b)(1) of that title shall be reduced by

4 the amount of the excess.

5 (2) BRIDGES.—The amount made available to

6 each State under the Interstate bridge and other Na7 tional Highway System components of the Interstate

8 and National Highway System program under sub9 paragraphs (B) and (C) of section 104(b)(1) of title

10 23, United States Code, shall be reduced by the

11 amount made available to the State under section 2

12 of STEA for the bridge program.

13 (3) NATIONAL HIGHWAY SYSTEM.—The amount

14 made available to each State under the Interstate

15 bridge and other National Highway System compo16 nents of the Interstate and National Highway System

17 program under subparagraphs (B) and (C) of section

18 104(b)(1) of title 23, United States Code, shall be re19 duced by the amount made available to the State

20 under section 2 of STEA for the National Highway

21 System.

22 (4) CONGESTION MITIGATION AND AIR QUALITY

23 IMPROVEMENT PROGRAM.—The amount made avail24 able to each State for the congestion mitigation and

25 air quality improvement program under section
13

S 1173 OPS

1 104(b)(2) of title 23, United States Code, shall be re2 duced by the amount made available to the State

3 under section 2 of STEA for the congestion mitigation

4 and air quality improvement program.

5 (5) METROPOLITAN PLANNING.—The amount

6 made available to each State for metropolitan plan7 ning under section 104(f) of title 23, United States

8 Code, shall be reduced by the amount made available

9 to the State under section 5 of STEA for metropolitan

10 planning.

11 (6) SURFACE TRANSPORTATION PROGRAM.—

12 (A) SAFETY PROGRAMS.—

13 (i) REDUCTION.—The amount set aside

14 for safety programs from the amount made

15 available to each State for the surface trans16 portation program under section 104(b)(3)

17 of title 23, United States Code, shall be re18 duced by the amount set aside for safety

19 programs from the amount made available

20 to the State under section 2 of STEA for the

21 surface transportation program, minimum

22 allocation, Interstate reimbursement, the

23 donor State bonus, hold harmless, and 90

24 percent of payments adjustments.
14

S 1173 OPS

1 (ii) INSUFFICIENT SAFETY PROGRAM

2 FUNDS.—If—

3 (I) the amount set aside for safety

4 programs from the amount made

5 available to the State under section 2

6 of STEA for the surface transportation

7 program, minimum allocation, Inter8 state reimbursement, the donor State

9 bonus, hold harmless, and 90 percent of

10 payments adjustments; exceeds

11 (II) the amount set aside for safe12 ty programs from the amount made

13 available to the State for the surface

14 transportation program under section

15 104(b)(3) of title 23, United States

16 Code;

17 then, after the reduction required by clause

18 (i) is made, the amount made available to

19 the State for the surface transportation pro20 gram under section 104(b)(3), other than

21 the amounts set aside or suballocated under

22 section 133(d) or 505 of that title, shall be

23 reduced by the amount of the excess.

24 (B) TRANSPORTATION ENHANCEMENT AC25 TIVITIES.—
15

S 1173 OPS

1 (i) REDUCTION.—The amount set aside

2 for transportation enhancement activities

3 from the amount made available to each

4 State for the surface transportation pro5 gram under section 104(b)(3) of title 23,

6 United States Code, shall be reduced by the

7 amount set aside for transportation en8 hancement activities from the amount made

9 available to the State under section 2 of

10 STEA for the surface transportation pro11 gram, minimum allocation, Interstate reim12 bursement, the donor State bonus, hold

13 harmless, and 90 percent of payments ad14 justments.

15 (ii) INSUFFICIENT TRANSPORTATION

16 ENHANCEMENT FUNDS.—If—

17 (I) the amount set aside for trans18 portation enhancement activities from

19 the amount made available to the State

20 under section 2 of STEA for the sur21 face transportation program, mini22 mum allocation, Interstate reimburse23 ment, the donor State bonus, hold

24 harmless, and 90 percent of payments

25 adjustments; exceeds
16

S 1173 OPS

1 (II) the amount set aside for

2 transportation enhancement activities

3 from the amount made available to the

4 State for the surface transportation

5 program under section 104(b)(3) of

6 title 23, United States Code;

7 then, after the reduction required by clause

8 (i) is made, the amount made available to

9 the State for the surface transportation pro10 gram under section 104(b)(3), other than

11 the amounts set aside or suballocated under

12 section 133(d) or 505 of that title, shall be

13 reduced by the amount of the excess.

14 (C) SUBALLOCATION BY POPULATION.—The

15 total of—

16 (i) the amount suballocated by popu17 lation from the amount made available to

18 each State for the surface transportation

19 program under section 104(b)(3) of title 23,

20 United States Code;

21 (ii) the amount suballocated by popu22 lation from the amount made available to

23 the State for ISTEA transition under sec24 tion 1102(c); and
17

S 1173 OPS

1 (iii) the amount suballocated by popu2 lation from the amount made available to

3 the State for minimum guarantee under

4 section 105 of that title;

5 shall be reduced by the amount suballocated by

6 population from the amount made available to

7 the State under section 2 of STEA for the surface

8 transportation program, minimum allocation,

9 Interstate reimbursement, the donor State bonus,

10 hold harmless, and 90 percent of payments ad11 justments.

12 (D) SURFACE TRANSPORTATION PROGRAM

13 FLEXIBLE FUNDS; INTERSTATE REIMBURSEMENT;

14 EQUITY ADJUSTMENTS.—

15 (i) REDUCTION.—The total of—

16 (I) the amount made available to

17 each State for the surface transpor18 tation program under section 104(b)(3)

19 of title 23, United States Code, other

20 than the amounts set aside or suballo21 cated under section 133(d) or 505 of

22 that title;

23 (II) the amount made available to

24 the State for ISTEA transition under

25 section 1102(c), other than the amounts
18

S 1173 OPS

1 subject to section 133(d)(3) or 505 of

2 that title; and

3 (III) the amount made available

4 to the State for minimum guarantee

5 under section 105 of that title, other

6 than the amount subject to section

7 133(d)(3) of that title;

8 shall be reduced by the amount made avail9 able to the State under section 2 of STEA

10 for the surface transportation program,

11 minimum allocation, Interstate reimburse12 ment, the donor State bonus, hold harmless,

13 and 90 percent of payments adjustments,

14 other than the amounts set aside or suballo15 cated under section 133(d) or 307(c) (as in

16 effect on the day before the date of enact17 ment of this Act) of that title.

18 (ii) INSUFFICIENT SURFACE TRANS19 PORTATION PROGRAM FLEXIBLE, ISTEA

20 TRANSITION, AND MINIMUM GUARANTEE

21 FUNDS.—If—

22 (I) the amount made available to

23 the State under section 2 of STEA for

24 the surface transportation program,

25 minimum allocation, Interstate reim-
19

S 1173 OPS

1 bursement, the donor State bonus, hold

2 harmless, and 90 percent of payments

3 adjustments, other than the amounts

4 set aside or suballocated under section

5 133(d) or 307(c) (as in effect on the

6 day before the date of enactment of this

7 Act) of that title; exceeds

8 (II) the sum of the amounts de9 scribed in subclauses (I) through (III)

10 of clause (i), after application of the

11 preceding provisions of this subsection;

12 then, after the reduction required by clause

13 (i) is made, the amount made available

14 under the Interstate bridge and other Na15 tional Highway System components of the

16 Interstate and National Highway System

17 program under subparagraphs (B) and (C)

18 of section 104(b)(1) of that title shall be re19 duced by the amount of the excess.

20 (7) FUNDING RESTORATION; ISTEA SECTIONS

21 1103–1108 FUNDS; STATE PLANNING AND RESEARCH.—

22 (A) REDUCTION.—The amount made avail23 able to each State for the surface transportation

24 program under section 104(b)(3) of title 23,

25 United States Code, other than the amounts set
20

S 1173 OPS

1 aside or suballocated under section 133(d) or 505

2 of that title, shall be reduced by the sum of—

3 (i) the amount made available to the

4 State for funding restoration under section

5 2 of STEA;

6 (ii) the amount equal to the funds pro7 vided to the State under sections 1103

8 through 1108 of the Intermodal Surface

9 Transportation Efficiency Act of 1991 (105

10 Stat. 2027) under section 2 of STEA; and

11 (iii) the amount made available from

12 the surface transportation program under

13 section 104(b)(3) of that title for State plan14 ning and research under section 307(c) of

15 that title (as in effect on the day before the

16 date of enactment of this Act) for fiscal year

17 1998.

18 (B) INSUFFICIENT SURFACE TRANSPOR19 TATION PROGRAM FLEXIBLE FUNDS.—If—

20 (i) the sum of the amounts described in

21 clauses (i) through (iii) of subparagraph

22 (A); exceeds

23 (ii) the amount made available to each

24 State for the surface transportation pro25 gram under section 104(b)(3) of title 23,
21

S 1173 OPS

1 United States Code, other than the amounts

2 set aside or suballocated under section

3 133(d) or 505 of that title, after application

4 of the preceding provisions of this sub5 section;

6 then, after the reduction required by subpara7 graph (A) is made, the amount made available

8 under the Interstate bridge and other National

9 Highway System components of the Interstate

10 and National Highway System program under

11 subparagraphs (B) and (C) of section 104(b)(1)

12 of that title shall be reduced by the amount of the

13 excess.

14 (8) ADDITIONAL ALLOCATION.—The amount

15 made available to each State for the surface transpor16 tation program under section 104(b)(3) of title 23,

17 United States Code, that remains available after the

18 set-asides required by section 133(d) of that title shall

19 be reduced by the amount made available to the State

20 under section 2 of STEA for section 1015(c) of the

21 Intermodal Surface Transportation Efficiency Act of

22 1991 (105 Stat. 1944).

23 (9) ADMINISTRATIVE EXPENSES.—

24 (A) FEDERAL HIGHWAY ADMINISTRATION.—

25 The amount made available for administrative
22

S 1173 OPS

1 expenses under section 104(a) of title 23, United

2 States Code, shall be reduced by the amount

3 made available under section 4(a)(2) of STEA.

4 (B) WOODROW WILSON MEMORIAL

5 BRIDGE.—The amount made available under sec6 tion 412 of the Woodrow Wilson Memorial

7 Bridge Authority Act of 1995 shall be reduced by

8 the amount made available under section 4(a)(3)

9 of STEA.

10 (C) BUREAU OF TRANSPORTATION STATIS11 TICS.—The amount made available under section

12 111(m) of title 49, United States Code, shall be

13 reduced by the amount made available under sec14 tion 4(b) of STEA.

15 (10) FEDERAL LANDS HIGHWAYS PROGRAM.—

16 (A) INDIAN RESERVATION ROADS.—The

17 amount made available for Indian reservation

18 roads under section 204 of title 23, United States

19 Code, shall be reduced by the amount made

20 available under section 5(a)(1) of STEA.

21 (B) PUBLIC LANDS HIGHWAYS.—The

22 amount made available for public lands high23 ways under section 204 of title 23, United States

24 Code, shall be reduced by the amount made

25 available under section 5(a)(2) of STEA.
23

S 1173 OPS

1 (C) PARKWAYS AND PARK ROADS.—The

2 amount made available for parkways and park

3 roads under section 204 of title 23, United States

4 Code, shall be reduced by the amount made

5 available under section 5(a)(3) of STEA.

6 (11) RECREATIONAL TRAILS PROGRAM.—The

7 amount made available for the recreational trails pro8 gram under section 206 of title 23, United States

9 Code, shall be reduced by the amount made available

10 under section 5(b) of STEA.

11 (12) HIGHWAY USE TAX EVASION PROJECTS.—

12 The amount made available for highway use tax eva13 sion projects under section 143 of title 23, United

14 States Code, shall be reduced by the amount made

15 available under section 5(c)(1) of STEA.

16 (13) NATIONAL SCENIC BYWAYS PROGRAM.—The

17 amount made available for the national scenic by18 ways program under section 165 of title 23, United

19 States Code, shall be reduced by the amount made

20 available under section 5(c)(2) of STEA.

21 (14) INTELLIGENT TRANSPORTATION SYSTEMS.—

22 The amount made available for intelligent transpor23 tation systems under subchapter II of chapter 5 of

24 title 23, United States Code, shall be reduced by the
24

S 1173 OPS

1 amount made available under by section 5(d) of

2 STEA.

3 (15) SURFACE TRANSPORTATION RESEARCH.—

4 (A) OPERATION LIFESAVER.—The amount

5 made available for operation lifesaver under sec6 tion 104(d)(1) of title 23, United States Code,

7 shall be reduced by the amount made available

8 under section 5(e)(1) of STEA.

9 (B) DWIGHT DAVID EISENHOWER TRANS10 PORTATION FELLOWSHIP PROGRAM.—The

11 amount made available for the Dwight David

12 Eisenhower Transportation Fellowship Program

13 under section 506(c) of title 23, United States

14 Code, shall be reduced by the amount made

15 available under section 5(e)(2) of STEA.

16 (C) NATIONAL HIGHWAY INSTITUTE.—The

17 amount made available for the National High18 way Institute under section 506(b) of title 23,

19 United States Code, shall be reduced by the

20 amount made available under section 5(e)(3) of

21 STEA.

22 (16) EDUCATION AND TRAINING.—The amount

23 made available for education and training under sec24 tion 506(a) of title 23, United States Code, shall be
25

S 1173 OPS

1 reduced by the amount made available under section

2 5(e)(4) of STEA.

3 (17) TERRITORIES.—The amount made available

4 for the Virgin Islands, Guam, American Samoa, and

5 the Commonwealth of the Northern Mariana Islands

6 under section 104(b)(1)(C)(i) of title 23, United

7 States Code, shall be reduced by the amount made

8 available under section 5(g) of STEA.

9 SEC. 1102. APPORTIONMENTS.

10 (a) IN GENERAL.—Section 104 of title 23, United

11 States Code, is amended by striking subsection (b) and in12 serting the following:

13 ‘‘(b) APPORTIONMENTS.—On October 1 of each fiscal

14 year, the Secretary, after making the deduction authorized

15 by subsection (a) and the set-asides authorized by subsection

16 (f) and section 207(f), shall apportion the remainder of the

17 sums made available for expenditure on the Interstate and

18 National Highway System program, the congestion mitiga19 tion and air quality improvement program, and the surface

20 transportation program, for that fiscal year, among the

21 States in the following manner:

22 ‘‘(1) INTERSTATE AND NATIONAL HIGHWAY SYS23 TEM PROGRAM.—
26

S 1173 OPS

1 ‘‘(A) INTERSTATE MAINTENANCE COMPO2 NENT.—For resurfacing, restoring, rehabilitat3 ing, and reconstructing the Interstate System—

4 ‘‘(i) 50 percent in the ratio that—

5 ‘‘(I) the total lane miles on Inter6 state System routes designated under—

7 ‘‘(aa) section 103;

8 ‘‘(bb) section 139(a) (as in

9 effect on the day before the date of

10 enactment of the Intermodal Sur11 face Transportation Efficiency

12 Act of 1998) before March 9, 1984

13 (other than routes on toll roads

14 not subject to a Secretarial agree15 ment under section 105 of the

16 Federal-Aid Highway Act of 1978

17 (92 Stat. 2692)); and

18 ‘‘(cc) section 139(c) (as in ef19 fect on the day before the date of

20 enactment of the Intermodal Sur21 face Transportation Efficiency

22 Act of 1998);

23 in each State; bears to

24 ‘‘(II) the total of all such lane

25 miles in all States; and
27

S 1173 OPS

1 ‘‘(ii) 50 percent in the ratio that—

2 ‘‘(I) the total vehicle miles trav3 eled on lanes on Interstate System

4 routes designated under—

5 ‘‘(aa) section 103;

6 ‘‘(bb) section 139(a) (as in

7 effect on the day before the date of

8 enactment of the Intermodal Sur9 face Transportation Efficiency

10 Act of 1998) before March 9, 1984

11 (other than routes on toll roads

12 not subject to a Secretarial agree13 ment under section 105 of the

14 Federal-Aid Highway Act of 1978

15 (92 Stat. 2692)); and

16 ‘‘(cc) section 139(c) (as in ef17 fect on the day before the date of

18 enactment of the Intermodal Sur19 face Transportation Efficiency

20 Act of 1998);

21 in each State; bears to

22 ‘‘(II) the total of all such vehicle

23 miles traveled in all States.

24 ‘‘(B) INTERSTATE BRIDGE COMPONENT.—

25 For resurfacing, restoring, rehabilitating, and re-
28

S 1173 OPS

1 constructing bridges on the Interstate System,

2 and for the purposes specified in subparagraph

3 (A), in the ratio that—

4 ‘‘(i) the total square footage of struc5 turally deficient and functionally obsolete

6 bridges on the Interstate System (other than

7 bridges on toll roads not subject to a Sec8 retarial agreement under section 105 of the

9 Federal-Aid Highway Act of 1978 (92 Stat.

10 2692)) in each State; bears to

11 ‘‘(ii) the total square footage of struc12 turally deficient and functionally obsolete

13 bridges on the Interstate System (other than

14 bridges on toll roads not subject to a Sec15 retarial agreement under section 105 of the

16 Federal-Aid Highway Act of 1978 (92 Stat.

17 2692)) in all States.

18 ‘‘(C) OTHER NATIONAL HIGHWAY SYSTEM

19 COMPONENT.—

20 ‘‘(i) IN GENERAL.—For the National

21 Highway System (excluding funds appor22 tioned under subparagraph (A) or (B)),

23 $36,400,000 for each fiscal year to the Vir24 gin Islands, Guam, American Samoa, and

25 the Commonwealth of Northern Mariana Is-
29

S 1173 OPS

1 lands and the remainder apportioned as fol2 lows:

3 ‘‘(I) 20 percent of the apportion4 ments in the ratio that—

5 ‘‘(aa) the total lane miles of

6 principal arterial routes (exclud7 ing Interstate System routes) in

8 each State; bears to

9 ‘‘(bb) the total lane miles of

10 principal arterial routes (exclud11 ing Interstate System routes) in

12 all States.

13 ‘‘(II) 29 percent of the apportion14 ments in the ratio that—

15 ‘‘(aa) the total vehicle miles

16 traveled on lanes on principal ar17 terial routes (excluding Interstate

18 System routes) in each State;

19 bears to

20 ‘‘(bb) the total vehicle miles

21 traveled on lanes on principal ar22 terial routes (excluding Interstate

23 System routes) in all States.

24 ‘‘(III) 18 percent of the appor25 tionments in the ratio that—
30

S 1173 OPS

1 ‘‘(aa) the total square footage

2 of structurally deficient and func3 tionally obsolete bridges on prin4 cipal arterial routes (excluding

5 bridges on Interstate System

6 routes (other than bridges on toll

7 roads not subject to a Secretarial

8 agreement under section 105 of

9 the Federal-Aid Highway Act of

10 1978 (92 Stat. 2692))) in each

11 State; bears to

12 ‘‘(bb) the total square footage

13 of structurally deficient and func14 tionally obsolete bridges on prin15 cipal arterial routes (excluding

16 bridges on Interstate System

17 routes (other than bridges on toll

18 roads not subject to a Secretarial

19 agreement under section 105 of

20 the Federal-Aid Highway Act of

21 1978 (92 Stat. 2692))) in all

22 States.

23 ‘‘(IV) 24 percent of the apportion24 ments in the ratio that—
31

S 1173 OPS

1 ‘‘(aa) the total diesel fuel

2 used on highways in each State;

3 bears to

4 ‘‘(bb) the total diesel fuel

5 used on highways in all States.

6 ‘‘(V) 9 percent of the apportion7 ments in the ratio that—

8 ‘‘(aa) the quotient obtained

9 by dividing the total lane miles

10 on principal arterial highways in

11 each State by the total population

12 of the State; bears to

13 ‘‘(bb) the quotient obtained

14 by dividing the total lane miles

15 on principal arterial highways in

16 all States by the total population

17 of all States.

18 ‘‘(ii) DATA.—Each calculation under

19 clause (i) shall be based on the latest avail20 able data.

21 ‘‘(D) MINIMUM APPORTIONMENT.—Notwith22 standing subparagraphs (A) through (C), each

State shall receive a minimum of 1 23 ⁄2 of 1 percent

24 of the funds apportioned under this paragraph.
32

S 1173 OPS

1 ‘‘(2) CONGESTION MITIGATION AND AIR QUALITY

2 IMPROVEMENT PROGRAM.—

3 ‘‘(A) IN GENERAL.—For the congestion

4 mitigation and air quality improvement pro5 gram, in the ratio that—

6 ‘‘(i) the total of all weighted nonattain7 ment and maintenance area populations in

8 each State; bears to

9 ‘‘(ii) the total of all weighted non10 attainment and maintenance area popu11 lations in all States.

12 ‘‘(B) CALCULATION OF WEIGHTED NON13 ATTAINMENT AND MAINTENANCE AREA POPU14 LATION.—Subject to subparagraph (C), for the

15 purpose of subparagraph (A), the weighted non16 attainment and maintenance area population

17 shall be calculated by multiplying the population

18 of each area in a State that was a nonattain19 ment area or maintenance area as described in

20 section 149(b) for ozone or carbon monoxide by

21 a factor of—

22 ‘‘(i) 0.8 if—

23 ‘‘(I) at the time of the apportion24 ment, the area is a maintenance area;

25 or
33

S 1173 OPS

1 ‘‘(II) at the time of the apportion2 ment, the area is classified as a sub3 marginal ozone nonattainment area

4 under the Clean Air Act (42 U.S.C.

5 7401 et seq.);

6 ‘‘(ii) 1.0 if, at the time of the appor7 tionment, the area is classified as a mar8 ginal ozone nonattainment area under sub9 part 2 of part D of title I of the Clean Air

10 Act (42 U.S.C. 7511 et seq.);

11 ‘‘(iii) 1.1 if, at the time of the appor12 tionment, the area is classified as a mod13 erate ozone nonattainment area under that

14 subpart;

15 ‘‘(iv) 1.2 if, at the time of the appor16 tionment, the area is classified as a serious

17 ozone nonattainment area under that sub18 part;

19 ‘‘(v) 1.3 if, at the time of the appor20 tionment, the area is classified as a severe

21 ozone nonattainment area under that sub22 part;

23 ‘‘(vi) 1.4 if, at the time of the appor24 tionment, the area is classified as an ex-
34

S 1173 OPS

1 treme ozone nonattainment area under that

2 subpart; or

3 ‘‘(vii) 1.0 if, at the time of the appor4 tionment, the area is not a nonattainment

5 or maintenance area as described in section

6 149(b) for ozone, but is classified under sub7 part 3 of part D of title I of that Act (42

8 U.S.C. 7512 et seq.) as a nonattainment

9 area described in section 149(b) for carbon

10 monoxide.

11 ‘‘(C) ADDITIONAL ADJUSTMENT FOR CAR12 BON MONOXIDE AREAS.—

13 ‘‘(i) CARBON MONOXIDE NONATTAIN14 MENT AREAS.—If, in addition to being clas15 sified as a nonattainment or maintenance

16 area for ozone, the area was also classified

17 under subpart 3 of part D of title I of that

18 Act (42 U.S.C. 7512 et seq.) as a nonattain19 ment area described in section 149(b) for

20 carbon monoxide, the weighted nonattain21 ment or maintenance area population of the

22 area, as determined under clauses (i)

23 through (vi) of subparagraph (B), shall be

24 further multiplied by a factor of 1.2.
35

S 1173 OPS

1 ‘‘(ii) CARBON MONOXIDE MAINTENANCE

2 AREAS.—If, in addition to being classified

3 as a nonattainment or maintenance area

4 for ozone, the area was at one time also

5 classified under subpart 3 of part D of title

6 I of that Act (42 U.S.C. 7512 et seq.) as a

7 nonattainment area described in section

8 149(b) for carbon monoxide but has been re9 designated as a maintenance area, the

10 weighted nonattainment or maintenance

11 area population of the area, as determined

12 under clauses (i) through (vi) of subpara13 graph (B), shall be further multiplied by a

14 factor of 1.1.

15 ‘‘(D) MINIMUM APPORTIONMENT.—Notwith16 standing any other provision of this paragraph,

each State shall receive a minimum of 1 17 ⁄2 of 1

18 percent of the funds apportioned under this

19 paragraph.

20 ‘‘(E) DETERMINATIONS OF POPULATION.—

21 In determining population figures for the pur22 poses of this paragraph, the Secretary shall use

23 the latest available annual estimates prepared by

24 the Secretary of Commerce.

25 ‘‘(3) SURFACE TRANSPORTATION PROGRAM.—
36

S 1173 OPS

1 ‘‘(A) IN GENERAL.—For the surface trans2 portation program, in accordance with the fol3 lowing formula:

4 ‘‘(i) 20 percent of the apportionments

5 in the ratio that—

6 ‘‘(I) the total lane miles of Fed7 eral-aid highways in each State; bears

8 to

9 ‘‘(II) the total lane miles of Fed10 eral-aid highways in all States.

11 ‘‘(ii) 30 percent of the apportionments

12 in the ratio that—

13 ‘‘(I) the total vehicle miles trav14 eled on lanes on Federal-aid highways

15 in each State; bears to

16 ‘‘(II) the total vehicle miles trav17 eled on lanes on Federal-aid highways

18 in all States.

19 ‘‘(iii) 25 percent of the apportionments

20 in the ratio that—

21 ‘‘(I) the total square footage of

22 structurally deficient and functionally

23 obsolete bridges on Federal-aid high24 ways (excluding bridges described in
37

S 1173 OPS

1 subparagraphs (B) and (C)(i)(III) of

2 paragraph (1)) in each State; bears to

3 ‘‘(II) the total square footage of

4 structurally deficient and functionally

5 obsolete bridges on Federal-aid high6 ways (excluding bridges described in

7 subparagraphs (B) and (C)(i)(III) of

8 paragraph (1)) in all States.

9 ‘‘(iv) 25 percent of the apportionments

10 in the ratio that—

11 ‘‘(I) the estimated tax payments

12 attributable to highway users in each

13 State paid into the Highway Trust

14 Fund (other than the Mass Transit Ac15 count) in the latest fiscal year for

16 which data are available; bears to

17 ‘‘(II) the estimated tax payments

18 attributable to highway users in all

19 States paid into the Highway Trust

20 Fund (other than the Mass Transit Ac21 count) in the latest fiscal year for

22 which data are available.

23 ‘‘(B) DATA.—Each calculation under sub24 paragraph (A) shall be based on the latest avail25 able data.
38

S 1173 OPS

1 ‘‘(C) MINIMUM APPORTIONMENT.—Notwith2 standing subparagraph (A), each State shall receive a minimum of 1 3 ⁄2 of 1 percent of the funds

4 apportioned under this paragraph.’’.

5 (b) EFFECT OF CERTAIN DELAY IN DEPOSITS INTO

6 HIGHWAY TRUST FUND.—Section 104 of title 23, United

7 States Code, is amended by striking subsection (h) and in8 serting the following:

9 ‘‘(h) EFFECT OF CERTAIN DELAY IN DEPOSITS INTO

10 HIGHWAY TRUST FUND.—Notwithstanding any other pro11 vision of law, deposits into the Highway Trust Fund result12 ing from the application of section 901(e) of the Taxpayer

13 Relief Act of 1997 (111 Stat. 872) shall not be taken into

14 account in determining the apportionments and allocations

15 that any State shall be entitled to receive under the Inter16 modal Surface Transportation Efficiency Act of 1998 and

17 this title.’’.

18 (c) ISTEA TRANSITION.—

19 (1) IN GENERAL.—For each of fiscal years 1998

20 through 2003, the Secretary shall determine, with re21 spect to each State—

22 (A) the total apportionments for the fiscal

23 year under section 104 of title 23, United States

24 Code, for the Interstate and National Highway

25 System program, the surface transportation pro-
39

S 1173 OPS

1 gram, metropolitan planning, and the congestion

2 mitigation and air quality improvement pro3 gram;

4 (B) the annual average of the total appor5 tionments during the period of fiscal years 1992

6 through 1997 for all Federal-aid highway pro7 grams (as defined in section 101 of title 23,

8 United States Code), excluding apportionments

9 for the Federal lands highways program under

10 section 204 of that title;

11 (C) the annual average of the total appor12 tionments during the period of fiscal years 1992

13 through 1997 for all Federal-aid highway pro14 grams (as defined in section 101 of title 23,

15 United States Code), excluding—

16 (i) apportionments authorized under

17 section 104 of that title for construction of

18 the Interstate System;

19 (ii) apportionments for the Interstate

20 substitute program under section 103(e)(4)

21 of that title (as in effect on the day before

22 the date of enactment of this Act);

23 (iii) apportionments for the Federal

24 lands highways program under section 204

25 of that title; and
40

S 1173 OPS

1 (iv) adjustments to sums apportioned

2 under section 104 of that title due to the

3 hold harmless adjustment under section

4 1015(a) of the Intermodal Surface Trans5 portation Efficiency Act of 1991 (23 U.S.C.

6 104 note; 105 Stat. 1943);

7 (D) the product obtained by multiplying—

8 (i) the annual average of the total ap9 portionments determined under subpara10 graph (B); by

11 (ii) the applicable percentage deter12 mined under paragraph (2); and

13 (E) the product obtained by multiplying—

14 (i) the annual average of the total ap15 portionments determined under subpara16 graph (C); by

17 (ii) the applicable percentage deter18 mined under paragraph (2).

19 (2) APPLICABLE PERCENTAGES.—

20 (A) FISCAL YEAR 1998.—For fiscal year

21 1998—

22 (i) the applicable percentage referred to

23 in paragraph (1)(D)(ii) shall be 145 per24 cent; and
41

S 1173 OPS

1 (ii) the applicable percentage referred

2 to in paragraph (1)(E)(ii) shall be 107 per3 cent.

4 (B) FISCAL YEARS THEREAFTER.—For each

5 of fiscal years 1999 through 2003, the applicable

6 percentage referred to in paragraph (1)(D)(ii) or

7 (1)(E)(ii), respectively, shall be a percentage

8 equal to the product obtained by multiplying—

9 (i) the percentage specified in clause

10 (i) or (ii), respectively, of subparagraph

11 (A); by

12 (ii) the percentage that—

13 (I) the total contract authority

14 made available under this Act and title

15 23, United States Code, for Federal-aid

16 highway programs for the fiscal year;

17 bears to

18 (II) the total contract authority

19 made available under this Act and title

20 23, United States Code, for Federal-aid

21 highway programs for fiscal year 1998.

22 (3) MAXIMUM TRANSITION.—

23 (A) IN GENERAL.—For each of fiscal years

24 1998 through 2003, in the case of each State

25 with respect to which the total apportionments
42

S 1173 OPS

1 determined under paragraph (1)(A) is greater

2 than the product determined under paragraph

3 (1)(D), the Secretary shall reduce proportion4 ately the apportionments to the State under sec5 tion 104 of title 23, United States Code, for the

6 National Highway System component of the

7 Interstate and National Highway System pro8 gram, the surface transportation program, and

9 the congestion mitigation and air quality im10 provement program so that the total of the ap11 portionments is equal to the product determined

12 under paragraph (1)(D).

13 (B) REDISTRIBUTION OF FUNDS.—

14 (i) IN GENERAL.—Subject to clause

15 (ii), funds made available under subpara16 graph (A) shall be redistributed proportion17 ately under section 104 of title 23, United

18 States Code, for the Interstate and National

19 Highway System program, the surface

20 transportation program, and the congestion

21 mitigation and air quality improvement

22 program, to States not subject to a reduc23 tion under subparagraph (A).

24 (ii) LIMITATION.—The ratio that—
43

S 1173 OPS

1 (I) the total apportionments to a

2 State under section 104 of title 23,

3 United States Code, for the Interstate

4 and National Highway System pro5 gram, the surface transportation pro6 gram, metropolitan planning, and the

7 congestion mitigation and air quality

8 improvement program, after the appli9 cation of clause (i); bears to

10 (II) the annual average of the

11 total apportionments determined under

12 paragraph (1)(B) with respect to the

13 State;

14 may not exceed, in the case of fiscal year

15 1998, 145 percent, and, in the case of each

16 of fiscal years 1999 through 2003, 145 per17 cent as adjusted in the manner described in

18 paragraph (2)(B).

19 (4) MINIMUM TRANSITION.—

20 (A) IN GENERAL.—For each of fiscal years

21 1998 through 2003, the Secretary shall apportion

22 to each State such additional amounts as are

23 necessary to ensure that—

24 (i) the total apportionments to the

25 State under section 104 of title 23, United
44

S 1173 OPS

1 States Code, for the Interstate and National

2 Highway System program, the surface

3 transportation program, metropolitan plan4 ning, and the congestion mitigation and air

5 quality improvement program, after the ap6 plication of paragraph (3); is equal to

7 (ii) the greater of—

8 (I) the product determined with

9 respect to the State under paragraph

10 (1)(E); or

11 (II) the total apportionments to

12 the State for fiscal year 1997 for all

13 Federal-aid highway programs, exclud14 ing—

15 (aa) apportionments for the

16 Federal lands highways program

17 under section 204 of title 23,

18 United States Code;

19 (bb) adjustments to sums ap20 portioned under section 104 of

21 that title due to the hold harmless

22 adjustment under section 1015(a)

23 of the Intermodal Surface Trans24 portation Efficiency Act of 1991
45

S 1173 OPS

1 (23 U.S.C. 104 note; 105 Stat.

2 1943); and

3 (cc) demonstration projects

4 under the Intermodal Surface

5 Transportation Efficiency Act of

6 1991 (Public Law 102–240).

7 (B) OBLIGATION.—Amounts apportioned

8 under subparagraph (A)—

9 (i) shall be considered to be sums made

10 available for expenditure on the surface

11 transportation program, except that—

12 (I) the amounts shall not be sub13 ject to paragraphs (1) and (2) of sec14 tion 133(d) of title 23, United States

15 Code; and

16 (II) 50 percent of the amounts

17 shall be subject to section 133(d)(3) of

18 that title;

19 (ii) shall be available for any purpose

20 eligible for funding under section 133 of

21 that title; and

22 (iii) shall remain available for obliga23 tion for a period of 3 years after the last

24 day of the fiscal year for which the amounts

25 are apportioned.
46

S 1173 OPS

1 (C) AUTHORIZATION OF CONTRACT AUTHOR2 ITY.—

3 (i) IN GENERAL.—There shall be avail4 able from the Highway Trust Fund (other

5 than the Mass Transit Account) such sums

6 as are necessary to carry out this para7 graph.

8 (ii) CONTRACT AUTHORITY.—Funds

9 authorized under this subparagraph shall be

10 available for obligation in the same manner

11 as if the funds were apportioned under

12 chapter 1 of title 23, United States Code.

13 (d) MINIMUM GUARANTEE.—

14 (1) IN GENERAL.—Section 105 of title 23,

15 United States Code, is amended to read as follows:

16 ‘‘§ 105. Minimum guarantee

17 ‘‘(a) ADJUSTMENT.—

18 ‘‘(1) IN GENERAL.—In fiscal year 1998 and each

19 fiscal year thereafter on October 1, or as soon as prac20 ticable thereafter, the Secretary shall allocate among

21 the States amounts sufficient to ensure that—

22 ‘‘(A) the ratio that—

23 ‘‘(i) each State’s percentage of the total

24 apportionments for the fiscal year—
47

S 1173 OPS

1 ‘‘(I) under section 104 for the

2 Interstate and National Highway Sys3 tem program, the surface transpor4 tation program, metropolitan plan5 ning, and the congestion mitigation

6 and air quality improvement program;

7 and

8 ‘‘(II) under this section and sec9 tion 1102(c) of the Intermodal Surface

10 Transportation Efficiency Act of 1998

11 for ISTEA transition; bears to

12 ‘‘(ii) each State’s percentage of esti13 mated tax payments attributable to high14 way users in the State paid into the High15 way Trust Fund (other than the Mass

16 Transit Account) in the latest fiscal year for

17 which data are available;

18 is not less than 0.90; and

19 ‘‘(B) in the case of a State specified in

20 paragraph (2), the State’s percentage of the total

21 apportionments for the fiscal year described in

22 subclauses (I) and (II) of subparagraph (A)(i)

23 is—

24 ‘‘(i) not less than the percentage speci25 fied for the State in paragraph (2); but
48

S 1173 OPS

1 ‘‘(ii) not greater than the product de2 termined for the State under section

3 1102(c)(1)(D) of the Intermodal Surface

4 Transportation Efficiency Act of 1998 for

5 the fiscal year.

6 ‘‘(2) STATE PERCENTAGES.—The percentage re7 ferred to in paragraph (1)(B) for a specified State

8 shall be determined in accordance with the following

9 table:

‘‘State Percentage

Alaska ..................................................................................... 1.24

Arkansas ................................................................................. 1.33

Delaware ................................................................................ 0.47

Hawaii ................................................................................... 0.55

Idaho ....................................................................................... 0.82

Montana ................................................................................. 1.06

Nevada .................................................................................... 0.73

New Hampshire ..................................................................... 0.52

New Jersey ............................................................................. 2.41

New Mexico ............................................................................ 1.05

North Dakota ......................................................................... 0.73

Rhode Island .......................................................................... 0.58

South Dakota ......................................................................... 0.78

Vermont .................................................................................. 0.47

Wyoming ................................................................................ 0.76.

10 ‘‘(b) TREATMENT OF ALLOCATIONS.—

11 ‘‘(1) OBLIGATION.—Amounts allocated under

12 subsection (a)—

13 ‘‘(A) shall be available for obligation when

14 allocated and shall remain available for obliga15 tion for a period of 3 years after the last day of

16 the fiscal year for which the amounts are allo17 cated; and
49

S 1173 OPS

1 ‘‘(B) shall be available for any purpose eli2 gible for funding under this title.

3 ‘‘(2) SET-ASIDE.—Fifty percent of the amounts

4 allocated under subsection (a) shall be subject to sec5 tion 133(d)(3).

6 ‘‘(c) TREATMENT OF WITHHELD APPORTIONMENTS.—

7 For the purpose of subsection (a), any funds that, but for

8 section 158(b) or any other provision of law under which

9 Federal-aid highway funds are withheld from apportion10 ment, would be apportioned to a State for a fiscal year

11 under a section referred to in subsection (a) shall be treated

12 as being apportioned in that fiscal year.

13 ‘‘(d) AUTHORIZATION OF CONTRACT AUTHORITY.—

14 There shall be available from the Highway Trust Fund

15 (other than the Mass Transit Account) such sums as are

16 necessary to carry out this section.’’.

17 (2) CONFORMING AMENDMENT.—The analysis for

18 chapter 1 of title 23, United States Code, is amended

19 by striking the item relating to section 105 and in20 serting the following:

‘‘105. Minimum guarantee.’’.

21 (e) AUDITS OF HIGHWAY TRUST FUND.—Section 104

22 of title 23, United States Code, is amended by striking sub23 section (i) and inserting the following:

24 ‘‘(i) AUDITS OF HIGHWAY TRUST FUND.—From avail25 able administrative funds deducted under subsection (a),
50

S 1173 OPS

1 the Secretary may reimburse the Office of Inspector General

2 of the Department of Transportation for the conduct of an3 nual audits of financial statements in accordance with sec4 tion 3521 of title 31.’’.

5 (f) TECHNICAL AMENDMENTS.—Section 104 of title 23,

6 United States Code, is amended—

7 (1) in subsection (e)—

8 (A) by inserting ‘‘NOTIFICATION TO

9 STATES.—’’ after ‘‘(e)’’;

10 (B) in the first sentence—

11 (i) by striking ‘‘(other than under sub12 section (b)(5) of this section)’’; and

13 (ii) by striking ‘‘and research’’;

14 (C) by striking the second sentence; and

15 (D) in the last sentence, by striking ‘‘, ex16 cept that’’ and all that follows through ‘‘such

17 funds’’; and

18 (2) in subsection (f)—

19 (A) by striking ‘‘(f)(1) On’’ and inserting

20 the following:

21 ‘‘(f) METROPOLITAN PLANNING.—

22 ‘‘(1) SET-ASIDE.—On’’;

23 (B) by striking ‘‘(2) These’’ and inserting

24 the following:
51

S 1173 OPS

1 ‘‘(2) APPORTIONMENT TO STATES OF SET-ASIDE

2 FUNDS.—These’’;

3 (C) by striking ‘‘(3) The’’ and inserting the

4 following:

5 ‘‘(3) USE OF FUNDS.—The’’; and

6 (D) by striking ‘‘(4) The’’ and inserting the

7 following:

8 ‘‘(4) DISTRIBUTION OF FUNDS WITHIN STATES.—

9 The’’.

10 (g) CONFORMING AMENDMENTS.—

11 (1) Section 146(a) of title 23, United States

12 Code, is amended in the first sentence by striking ‘‘,

13 104(b)(2), and 104(b)(6)’’ and inserting ‘‘and

14 104(b)(3)’’.

15 (2)(A) Section 150 of title 23, United States

16 Code, is repealed.

17 (B) The analysis for chapter 1 of title 23, United

18 States Code, is amended by striking the item relating

19 to section 150.

20 (3) Section 158 of title 23, United States Code,

21 is amended—

22 (A) in subsection (a)—

23 (i) by striking paragraph (1);
52

S 1173 OPS

1 (ii) by redesignating paragraphs (2)

2 and (3) as paragraphs (1) and (2), respec3 tively;

4 (iii) in paragraph (1) (as so redesig5 nated)—

6 (I) by striking ‘‘AFTER THE FIRST

7 YEAR’’ and inserting ‘‘IN GENERAL’’;

8 and

9 (II) by striking ‘‘, 104(b)(2),

10 104(b)(5), and 104(b)(6)’’ and insert11 ing ‘‘and 104(b)(3)’’; and

12 (iv) in paragraph (2) (as redesignated

13 by clause (ii)), by striking ‘‘paragraphs (1)

14 and (2) of this subsection’’ and inserting

15 ‘‘paragraph (1)’’; and

16 (B) by striking subsection (b) and inserting

17 the following:

18 ‘‘(b) EFFECT OF WITHHOLDING OF FUNDS.—No funds

19 withheld under this section from apportionment to any

20 State after September 30, 1988, shall be available for appor21 tionment to that State.’’.

22 (4)(A) Section 157 of title 23, United States

23 Code, is repealed.
53

S 1173 OPS

1 (B) The analysis for chapter 1 of title 23, United

2 States Code, is amended by striking the item relating

3 to section 157.

4 (5)(A) Section 115(b)(1) of title 23, United

5 States Code, is amended by striking ‘‘or 104(b)(5), as

6 the case may be,’’.

7 (B) Section 137(f)(1) of title 23, United States

8 Code, is amended by striking ‘‘section 104(b)(5)(B) of

9 this title’’ and inserting ‘‘section 104(b)(1)’’.

10 (C) Section 141(c) of title 23, United States

11 Code, is amended by striking ‘‘section 104(b)(5) of

12 this title’’ each place it appears and inserting ‘‘sec13 tion 104(b)(1)(A)’’.

14 (D) Section 142(c) of title 23, United States

15 Code, is amended by striking ‘‘(other than section

16 104(b)(5)(A))’’.

17 (E) Section 159 of title 23, United States Code,

18 is amended—

19 (i) by striking ‘‘(5) of’’ each place it ap20 pears and inserting ‘‘(5) (as in effect on the day

21 before the date of enactment of the Intermodal

22 Surface Transportation Efficiency Act of 1998)

23 of’’; and

24 (ii) in subsection (b)—
54

S 1173 OPS

1 (I) in paragraphs (1)(A)(i) and (3)(A),

2 by striking ‘‘section 104(b)(5)(A)’’ each

3 place it appears and inserting ‘‘section

4 104(b)(5)(A) (as in effect on the day before

5 the date of enactment of the Intermodal

6 Surface Transportation Efficiency Act of

7 1998)’’;

8 (II) in paragraph (1)(A)(ii), by strik9 ing ‘‘section 104(b)(5)(B)’’ and inserting

10 ‘‘section 104(b)(5)(B) (as in effect on the

11 day before the date of enactment of the

12 Intermodal Surface Transportation Effi13 ciency Act of 1998)’’;

14 (III) in paragraph (3)(B), by striking

15 ‘‘(5)(B)’’ and inserting ‘‘(5)(B) (as in effect

16 on the day before the date of enactment of

17 the Intermodal Surface Transportation Ef18 ficiency Act of 1998)’’; and

19 (IV) in paragraphs (3) and (4), by

20 striking ‘‘section 104(b)(5)’’ each place it

21 appears and inserting ‘‘section 104(b)(5)

22 (as in effect on the day before the date of en23 actment of the Intermodal Surface Trans24 portation Efficiency Act of 1998)’’.
55

S 1173 OPS

1 (F) Section 161(a) of title 23, United States

2 Code, is amended by striking ‘‘paragraphs (1), (3),

3 and (5)(B) of section 104(b)’’ each place it appears

4 and inserting ‘‘paragraphs (1) and (3) of section

5 104(b)’’.

6 (6)(A) Section 104(g) of title 23, United States

7 Code, is amended—

8 (i) in the first sentence, by striking ‘‘sec9 tions 130, 144, and 152 of this title’’ and insert10 ing ‘‘subsection (b)(1)(B) and sections 130 and

11 152’’;

12 (ii) in the first and second sentences—

13 (I) by striking ‘‘section’’ and inserting

14 ‘‘provision’’; and

15 (II) by striking ‘‘such sections’’ and in16 serting ‘‘those provisions’’; and

17 (iii) in the third sentence—

18 (I) by striking ‘‘section 144’’ and in19 serting ‘‘subsection (b)(1)(B)’’; and

20 (II) by striking ‘‘subsection (b)(1)’’

21 and inserting ‘‘subsection (b)(1)(C)’’.

22 (B) Section 115 of title 23, United States Code,

23 is amended—

24 (i) in subsection (a)(1)(A)(i), by striking

25 ‘‘104(b)(2), 104(b)(3), 104(f), 144,’’ and insert-
56

S 1173 OPS

1 ing ‘‘104(b)(1)(B), 104(b)(2), 104(b)(3), 104(f),’’;

2 and

3 (ii) in subsection (c), by striking ‘‘144,,’’.

4 (C) Section 120(e) of title 23, United States

5 Code, is amended in the last sentence by striking

6 ‘‘and in section 144 of this title’’.

7 (D) Section 151(d) of title 23, United States

8 Code, is amended by striking ‘‘section 104(a), section

9 307(a), and section 144 of this title’’ and inserting

10 ‘‘subsections (a) and (b)(1)(B) of section 104 and sec11 tion 307(a)’’.

12 (E) Section 204(c) of title 23, United States

13 Code, is amended in the first sentence by striking ‘‘or

14 section 144 of this title’’.

15 (F) Section 303(g) of title 23, United States

16 Code, is amended by striking ‘‘section 144 of this

17 title’’ and inserting ‘‘section 104(b)(1)(B)’’.

18 (7) Section 142(b) of title 23, United States

19 Code, is amended by striking ‘‘paragraph (5) of sub20 section (b) of section 104 of this title’’ and inserting

21 ‘‘section 104(b)(1)(A)’’.

22 (8) Section 152(e) of title 23, United States

23 Code, is amended in the second sentence by striking

24 ‘‘section 104(b)(1)’’ and inserting ‘‘section 104(b)’’.
57

S 1173 OPS

1 SEC. 1103. OBLIGATION CEILING.

2 (a) GENERAL LIMITATIONS.—Subject to the other pro3 visions of this section and notwithstanding any other provi4 sion of law, the total amount of all obligations for Federal5 aid highways and highway safety construction programs

6 shall not exceed—

7 (1) $21,500,000,000 for fiscal year 1998;

8 (2) $28,462,000,000 for fiscal year 1999;

9 (3) $28,894,000,000 for fiscal year 2000;

10 (4) $29,334,000,000 for fiscal year 2001;

11 (5) $29,800,000,000 for fiscal year 2002; and

12 (6) $30,319,000,000 for fiscal year 2003.

13 (b) EXCEPTIONS.—

14 (1) IN GENERAL.—The limitations under sub15 section (a) shall not apply to obligations of funds

16 under—

17 (A) section 105(a) of title 23, United States

18 Code (but, for each of fiscal years 1998 through

19 2007, only in an amount equal to the amount

20 included for section 157 of title 23, United States

21 Code, in the baseline determined by the Congres22 sional Budget Office for the fiscal year 1998

23 budget (as specified in the letter from the Direc24 tor of the Congressional Budget Office to the

25 Chairman of the Senate Committee on Environ26 ment and Public Works, dated March 12, 1998)),
58

S 1173 OPS

1 excluding amounts allocated under section

2 105(a)(1)(B) of that title;

3 (B) section 125 of that title;

4 (C) section 157 of that title (as in effect on

5 the day before the date of enactment of this Act);

6 (D) section 147 of the Surface Transpor7 tation Assistance Act of 1978 (23 U.S.C. 144

8 note; 92 Stat. 2714);

9 (E) section 9 of the Federal-Aid Highway

10 Act of 1981 (95 Stat. 1701);

11 (F) subsections (b) and (j) of section 131 of

12 the Surface Transportation Assistance Act of

13 1982 (96 Stat. 2119);

14 (G) subsections (b) and (c) of section 149 of

15 the Surface Transportation and Uniform Reloca16 tion Assistance Act of 1987 (101 Stat. 198); and

17 (H) sections 1103 through 1108 of the Inter18 modal Surface Transportation Efficiency Act of

19 1991 (105 Stat. 2027).

20 (2) EFFECT OF OTHER LAW.—A provision of law

21 establishing a limitation on obligations for Federal22 aid highways and highway safety construction pro23 grams may not amend or limit the applicability of

24 this subsection, unless the provision specifically

25 amends or limits that applicability.
59

S 1173 OPS

1 (c) APPLICABILITY TO TRANSPORTATION RESEARCH

2 PROGRAMS.—Obligation limitations for Federal-aid high3 ways and highway safety construction programs established

4 by subsection (a) shall apply to transportation research

5 programs carried out under chapter 5 of title 23, United

6 States Code.

7 (d) OBLIGATION AUTHORITY.—Section 118 of title 23,

8 United States Code, is amended by adding at the end the

9 following:

10 ‘‘(g) OBLIGATION AUTHORITY.—

11 ‘‘(1) DISTRIBUTION.—For each fiscal year, the

12 Secretary shall—

13 ‘‘(A) distribute the total amount of obliga14 tion authority for Federal-aid highways and

15 highway safety construction programs made

16 available for the fiscal year by allocation in the

17 ratio that—

18 ‘‘(i) the total of the sums made avail19 able for Federal-aid highways and highway

20 safety construction programs (excluding

21 demonstration projects) that are appor22 tioned or allocated to each State for the fis23 cal year; bears to

24 ‘‘(ii) the total of the sums made avail25 able for Federal-aid highways and highway
60

S 1173 OPS

1 safety construction programs (excluding

2 demonstration projects) that are appor3 tioned or allocated to all States for the fis4 cal year;

5 ‘‘(B) provide all States with authority suffi6 cient to prevent lapses of sums made available

7 for Federal-aid highways that have been appor8 tioned to a State; and

9 ‘‘(C) notwithstanding subparagraphs (A)

10 and (B), not distribute—

11 ‘‘(i) amounts deducted under section

12 104(a) for administrative expenses;

13 ‘‘(ii) amounts set aside under section

14 104(k) for Interstate 4R and bridge projects;

15 ‘‘(iii) amounts made available under

16 sections 143, 164, 165, 204, 206, 207, and

17 322;

18 ‘‘(iv) amounts made available under

19 section 111 of title 49;

20 ‘‘(v) amounts made available under

21 section 201 of the Appalachian Regional

22 Development Act of 1965 (40 U.S.C. App.);

23 ‘‘(vi) amounts made available under

24 section 1012(b) of the Intermodal Surface
61

S 1173 OPS

1 Transportation Efficiency Act of 1991 (23

2 U.S.C. 149 note; 105 Stat. 1938);

3 ‘‘(vii) amounts made available under

4 sections 1503, 1603, and 1604 of the Inter5 modal Surface Transportation Efficiency

6 Act of 1998;

7 ‘‘(viii) amounts made available under

8 section 149(d) of the Surface Transpor9 tation and Uniform Relocation Assistance

10 Act of 1987 (101 Stat. 201);

11 ‘‘(ix) amounts made available under

12 section 105(a)(1)(A) to the extent that the

13 amounts are subject to any obligation limi14 tation under section 1103(a) of the Inter15 modal Surface Transportation Efficiency

16 Act of 1998;

17 ‘‘(x) amounts made available for im18 plementation of programs under chapter 5

19 of this title and sections 5222, 5232, and

20 5241 of title 49;

21 ‘‘(xi) amounts set aside under section

22 104(d) for operation lifesaver and railway23 highway crossing hazard elimination in

24 high speed rail corridors; and
62

S 1173 OPS

1 ‘‘(xii) amounts made available under

2 section 412 of the Woodrow Wilson Memo3 rial Bridge Authority Act of 1995.

4 ‘‘(xiii) amounts set aside under section

5 1133.

6 ‘‘(2) REDISTRIBUTION.—Notwithstanding para7 graph (1), the Secretary shall, after August 1 of each

8 of fiscal years 1998 through 2003—

9 ‘‘(A) revise a distribution of the funds made

10 available under paragraph (1) for the fiscal year

11 if a State will not obligate the amount distrib12 uted during the fiscal year; and

13 ‘‘(B) redistribute sufficient amounts to those

14 States able to obligate amounts in addition to

15 the amounts previously distributed during the

16 fiscal year, giving priority to those States that

17 have large unobligated balances of funds appor18 tioned under section 104 and under section 144

19 (as in effect on the day before the date of enact20 ment of this subparagraph).

21 ‘‘(3) DEMONSTRATION PROJECTS.—

22 ‘‘(A) APPLICABILITY OF OBLIGATION LIMI23 TATIONS.—Notwithstanding any other provision

24 of law, a demonstration project shall be subject

25 to any limitation on obligations established by
63

S 1173 OPS

1 law that applies to Federal-aid highways and

2 highway safety construction programs.

3 ‘‘(B) MAXIMUM OBLIGATION LEVEL.—For

4 each fiscal year, a State may obligate for dem5 onstration projects an amount of the obligation

6 authority for Federal-aid highways and highway

7 safety construction programs made available to

8 the State for the fiscal year that is not more

9 than the product obtained by multiplying—

10 ‘‘(i) the total of the sums made avail11 able for demonstration projects in the State

12 for the fiscal year; by

13 ‘‘(ii) the ratio that—

14 ‘‘(I) the total amount of the obli15 gation authority for Federal-aid high16 ways and highway safety construction

17 programs (including demonstration

18 projects) made available to the State

19 for the fiscal year; bears to

20 ‘‘(II) the total of the sums made

21 available for Federal-aid highways and

22 highway safety construction programs

23 (including demonstration projects) that

24 are apportioned or allocated to the

25 State for the fiscal year.
64

S 1173 OPS

1 ‘‘(4) DEFINITION OF DEMONSTRATION

2 PROJECT.—In this subsection, the term ‘demonstra3 tion project’ means a demonstration project or simi4 lar project (including any project similar to a project

5 authorized under any of sections 1103 through 1108

6 of the Intermodal Surface Transportation Efficiency

7 Act of 1991 (105 Stat. 2027)) that is funded from the

8 Highway Trust Fund (other than the Mass Transit

9 Account) and authorized under—

10 ‘‘(A) the Intermodal Surface Transportation

11 Efficiency Act of 1998; or

12 ‘‘(B) any law enacted after the date of en13 actment of that Act.’’.

14 (e) LIMITATIONS ON OBLIGATIONS FOR ADMINISTRA15 TIVE EXPENSES.—Notwithstanding any other provision of

16 law, the total amount of all obligations under section 104(a)

17 of title 23, United States Code, shall not exceed—

18 (1) $301,725,000 for fiscal year 1999;

19 (2) $302,055,000 for fiscal year 2000;

20 (3) $303,480,000 for fiscal year 2001;

21 (4) $310,470,000 for fiscal year 2002; and

22 (5) $320,595,000 for fiscal year 2003.

23 (f) APPLICABILITY OF OBLIGATION LIMITATIONS.—An

24 obligation limitation established by a provision of any other
65

S 1173 OPS

1 Act shall not apply to obligations under a program funded

2 under this Act or title 23, United States Code, unless—

3 (1) the provision specifically amends or limits

4 the applicability of this subsection; or

5 (2) an obligation limitation is specified in this

6 Act with respect to the program.

7 SEC. 1104. OBLIGATION AUTHORITY UNDER SURFACE

8 TRANSPORTATION PROGRAM.

9 Section 133 of title 23, United States Code, is amended

10 by striking subsection (f) and inserting the following:

11 ‘‘(f) OBLIGATION AUTHORITY.—

12 ‘‘(1) IN GENERAL.—A State that is required to

13 obligate in an urbanized area with an urbanized area

14 population of over 200,000 individuals under sub15 section (d) funds apportioned to the State under sec16 tion 104(b)(3) shall make available during the 3-fiscal

17 year period of 1998 through 2000, and the 3-fiscal

18 year period of 2001 through 2003, an amount of obli19 gation authority distributed to the State for Federal20 aid highways and highway safety construction pro21 grams for use in the area that is equal to the amount

22 obtained by multiplying—

23 ‘‘(A) the aggregate amount of funds that the

24 State is required to obligate in the area under

25 subsection (d) during each such period; by
66

S 1173 OPS

1 ‘‘(B) the ratio that—

2 ‘‘(i) the aggregate amount of obligation

3 authority distributed to the State for Fed4 eral-aid highways and highway safety con5 struction programs during the period; bears

6 to

7 ‘‘(ii) the total of the sums apportioned

8 to the State for Federal-aid highways and

9 highway safety construction programs (ex10 cluding sums not subject to an obligation

11 limitation) during the period.

12 ‘‘(2) JOINT RESPONSIBILITY.—Each State, each

13 affected metropolitan planning organization, and the

14 Secretary shall jointly ensure compliance with para15 graph (1).’’.

16 SEC. 1105. EMERGENCY RELIEF.

17 (a) FEDERAL SHARE.—Section 120(e) of title 23,

18 United States Code, is amended in the first sentence by

19 striking ‘‘highway system’’ and inserting ‘‘highway’’.

20 (b) ELIGIBILITY AND FUNDING.—Section 125 of title

21 23, United States Code, is amended—

22 (1) by striking subsection (a);

23 (2) by redesignating subsections (b), (c), and (d)

24 as subsections (d), (e), and (f), respectively;
67

S 1173 OPS

1 (3) by inserting after the section heading the fol2 lowing:

3 ‘‘(a) GENERAL ELIGIBILITY.—Subject to this section

4 and section 120, an emergency fund is authorized for ex5 penditure by the Secretary for the repair or reconstruction

6 of highways, roads, and trails, in any part of the United

7 States, including Indian reservations, that the Secretary

8 finds have suffered serious damage as a result of—

9 ‘‘(1) natural disaster over a wide area, such as

10 by a flood, hurricane, tidal wave, earthquake, severe

11 storm, or landslide; or

12 ‘‘(2) catastrophic failure from any external

13 cause.

14 ‘‘(b) RESTRICTION ON ELIGIBILITY.—In no event shall

15 funds be used pursuant to this section for the repair or re16 construction of bridges that have been permanently closed

17 to all vehicular traffic by the State or responsible local offi18 cial because of imminent danger of collapse due to a struc19 tural deficiency or physical deterioration.

20 ‘‘(c) FUNDING.—Subject to the following limitations,

21 there are hereby made available from the Highway Trust

22 Fund (other than the Mass Transit Account) such sums as

23 may be necessary to establish the fund authorized by this

24 section and to replenish it on an annual basis:
68

S 1173 OPS

1 ‘‘(1) Not more than $100,000,000 is authorized

2 to be obligated in any 1 fiscal year commencing after

3 September 30, 1980, to carry out the provisions of

4 this section, except that, if in any fiscal year the total

5 of all obligations under this section is less than the

6 amount authorized to be obligated in such fiscal year,

7 the unobligated balance of such amount shall remain

8 available until expended and shall be in addition to

9 amounts otherwise available to carry out this section

10 each year.

11 ‘‘(2) Pending such appropriation or replenish12 ment, the Secretary may obligate from any funds

13 heretofore or hereafter appropriated for obligation in

14 accordance with this title, including existing Federal15 aid appropriations, such sums as may be necessary

16 for the immediate prosecution of the work herein au17 thorized, provided that such funds are reimbursed

18 from the appropriations authorized in paragraph (1)

19 of this subsection when such appropriations are

20 made.’’;

21 (4) in subsection (d) (as so redesignated), by

22 striking ‘‘subsection (c)’’ both places it appears and

23 inserting ‘‘subsection (e)’’; and
69

S 1173 OPS

1 (5) in subsection (e) (as so redesignated), by

2 striking ‘‘on any of the Federal-aid highway systems’’

3 and inserting ‘‘Federal-aid highways’’.

4 (c) SAN MATEO COUNTY, CALIFORNIA.—Notwithstand5 ing any other provision of law, a project to repair or recon6 struct any portion of a Federal-aid primary route in San

7 Mateo County, California, that—

8 (1) was destroyed as a result of a combination

9 of storms in the winter of 1982–1983 and a mountain

10 slide; and

11 (2) until its destruction, served as the only rea12 sonable access route between 2 cities and as the des13 ignated emergency evacuation route of 1 of the cities;

14 shall be eligible for assistance under section 125(a) of title

15 23, United States Code, if the project complies with the local

16 coastal plan.

17 SEC. 1106. FEDERAL LANDS HIGHWAYS PROGRAM.

18 (a) FEDERAL SHARE PAYABLE.—Section 120 of title

19 23, United States Code, is amended by adding at the end

20 the following:

21 ‘‘(j) USE OF FEDERAL LAND MANAGEMENT AGENCY

22 FUNDS.—Notwithstanding any other provision of law, the

23 funds appropriated to any Federal land management agen24 cy may be used to pay the non-Federal share of the cost
70

S 1173 OPS

1 of any Federal-aid highway project the Federal share of

2 which is funded under section 104.

3 ‘‘(k) USE OF FEDERAL LANDS HIGHWAYS PROGRAM

4 FUNDS.—Notwithstanding any other provision of law, the

5 funds made available to carry out the Federal lands high6 ways program under section 204 may be used to pay the

7 non-Federal share of the cost of any project that is funded

8 under section 104 and that provides access to or within

9 Federal or Indian lands.’’.

10 (b) AVAILABILITY OF FUNDS.—Section 203 of title 23,

11 United States Code, is amended by adding at the end the

12 following: ‘‘Notwithstanding any other provision of law, the

13 authorization by the Secretary of engineering and related

14 work for a Federal lands highways program project, or the

15 approval by the Secretary of plans, specifications, and esti16 mates for construction of a Federal lands highways pro17 gram project, shall be deemed to constitute a contractual

18 obligation of the Federal Government to pay the Federal

19 share of the cost of the project.’’.

20 (c) PLANNING AND AGENCY COORDINATION.—Section

21 204 of title 23, United States Code, is amended—

22 (1) by striking subsection (a) and inserting the

23 following:

24 ‘‘(a) ESTABLISHMENT.—
71

S 1173 OPS

1 ‘‘(1) IN GENERAL.—Recognizing the need for all

2 Federal roads that are public roads to be treated

3 under uniform policies similar to the policies that

4 apply to Federal-aid highways, there is established a

5 coordinated Federal lands highways program that

6 shall apply to public lands highways, park roads and

7 parkways, and Indian reservation roads and bridges.

8 ‘‘(2) TRANSPORTATION PLANNING PROCE9 DURES.—In consultation with the Secretary of each

10 appropriate Federal land management agency, the

11 Secretary shall develop, by rule, transportation plan12 ning procedures that are consistent with the metro13 politan and statewide planning processes required

14 under sections 134 and 135.

15 ‘‘(3) APPROVAL OF TRANSPORTATION IMPROVE16 MENT PROGRAM.—The transportation improvement

17 program developed as a part of the transportation

18 planning process under this section shall be approved

19 by the Secretary.

20 ‘‘(4) INCLUSION IN OTHER PLANS.—All region21 ally significant Federal lands highways program

22 projects—

23 ‘‘(A) shall be developed in cooperation with

24 States and metropolitan planning organizations;

25 and
72

S 1173 OPS

1 ‘‘(B) shall be included in appropriate Fed2 eral lands highways program, State, and metro3 politan plans and transportation improvement

4 programs.

5 ‘‘(5) INCLUSION IN STATE PROGRAMS.—The ap6 proved Federal lands highways program transpor7 tation improvement program shall be included in ap8 propriate State and metropolitan planning organiza9 tion plans and programs without further action on

10 the transportation improvement program.

11 ‘‘(6) DEVELOPMENT OF SYSTEMS.—The Sec12 retary and the Secretary of each appropriate Federal

13 land management agency shall, to the extent appro14 priate, develop by rule safety, bridge, pavement, and

15 congestion management systems for roads funded

16 under the Federal lands highways program.’’;

17 (2) in subsection (b), by striking the first 3 sen18 tences and inserting the following: ‘‘Funds available

19 for public lands highways, park roads and parkways,

20 and Indian reservation roads shall be used by the

21 Secretary and the Secretary of the appropriate Fed22 eral land management agency to pay for the cost of

23 transportation planning, research, engineering, and

24 construction of the highways, roads, and parkways, or

25 of transit facilities within public lands, national
73

S 1173 OPS

1 parks, and Indian reservations. In connection with

2 activities under the preceding sentence, the Secretary

3 and the Secretary of the appropriate Federal land

4 management agency may enter into construction con5 tracts and other appropriate contracts with a State

6 or civil subdivision of a State or Indian tribe.’’;

7 (3) in the first sentence of subsection (e), by

8 striking ‘‘Secretary of the Interior’’ and inserting

9 ‘‘Secretary of the appropriate Federal land manage10 ment agency’’;

11 (4) in subsection (h), by adding at the end the

12 following:

13 ‘‘(8) A project to build a replacement of the fed14 erally owned bridge over the Hoover Dam in the Lake

15 Mead National Recreation Area between Nevada and

16 Arizona.’’;

17 (5) by striking subsection (i) and inserting the

18 following:

19 ‘‘(i) TRANSFERS OF COSTS TO SECRETARIES OF FED20 ERAL LAND MANAGEMENT AGENCIES.—

21 ‘‘(1) ADMINISTRATIVE COSTS.—The Secretary

22 shall transfer to the appropriate Federal land man23 agement agency from amounts made available for

24 public lands highways such amounts as are necessary
74

S 1173 OPS

1 to pay necessary administrative costs of the agency in

2 connection with public lands highways.

3 ‘‘(2) TRANSPORTATION PLANNING COSTS.—The

4 Secretary shall transfer to the appropriate Federal

5 land management agency from amounts made avail6 able for public lands highways such amounts as are

7 necessary to pay the cost to the agency to conduct nec8 essary transportation planning for Federal lands, if

9 funding for the planning is not otherwise provided

10 under this section.’’; and

11 (6) in subsection (j), by striking the second sen12 tence and inserting the following: ‘‘The Indian tribal

13 government, in cooperation with the Secretary of the

14 Interior, and as appropriate, with a State, local gov15 ernment, or metropolitan planning organization,

16 shall carry out a transportation planning process in

17 accordance with subsection (a).’’.

18 SEC. 1107. RECREATIONAL TRAILS PROGRAM.

19 (a) IN GENERAL.—Chapter 2 of title 23, United States

20 Code, is amended by inserting after section 205 the follow21 ing:

22 ‘‘§ 206. Recreational trails program

23 ‘‘(a) DEFINITIONS.—

24 ‘‘(1) MOTORIZED RECREATION.—The term ‘mo25 torized recreation’ means off-road recreation using
75

S 1173 OPS

1 any motor-powered vehicle, except for a motorized

2 wheelchair.

3 ‘‘(2) RECREATIONAL TRAIL; TRAIL.—The term

4 ‘recreational trail’ or ‘trail’ means a thoroughfare or

5 track across land or snow, used for recreational pur6 poses such as—

7 ‘‘(A) pedestrian activities, including wheel8 chair use;

9 ‘‘(B) skating or skateboarding;

10 ‘‘(C) equestrian activities, including car11 riage driving;

12 ‘‘(D) nonmotorized snow trail activities, in13 cluding skiing;

14 ‘‘(E) bicycling or use of other human-pow15 ered vehicles;

16 ‘‘(F) aquatic or water activities; and

17 ‘‘(G) motorized vehicular activities, includ18 ing all-terrain vehicle riding, motorcycling,

19 snowmobiling, use of off-road light trucks, or use

20 of other off-road motorized vehicles.

21 ‘‘(b) PROGRAM.—In accordance with this section, the

22 Secretary, in consultation with the Secretary of the Interior

23 and the Secretary of Agriculture, shall carry out a program

24 to provide and maintain recreational trails (referred to in

25 this section as the ‘program’).
76

S 1173 OPS

1 ‘‘(c) STATE RESPONSIBILITIES.—To be eligible for ap2 portionments under this section—

3 ‘‘(1) a State may use apportionments received

4 under this section for construction of new trails cross5 ing Federal lands only if the construction is—

6 ‘‘(A) permissible under other law;

7 ‘‘(B) necessary and required by a statewide

8 comprehensive outdoor recreation plan required

9 by the Land and Water Conservation Fund Act

10 of 1965 (16 U.S.C. 460l–4 et seq.);

11 ‘‘(C) approved by the administering agency

12 of the State designated under paragraph (2); and

13 ‘‘(D) approved by each Federal agency

14 charged with management of the affected lands,

15 which approval shall be contingent on compli16 ance by the Federal agency with all applicable

17 laws, including the National Environmental Pol18 icy Act of 1969 (42 U.S.C. 4321 et seq.), the For19 est and Rangeland Renewable Resources Plan20 ning Act of 1974 (16 U.S.C. 1600 et seq.), and

21 the Federal Land Policy and Management Act of

22 1976 (43 U.S.C. 1701 et seq.);

23 ‘‘(2) the Governor of a State shall designate the

24 State agency or agencies that will be responsible for
77

S 1173 OPS

1 administering apportionments received under this sec2 tion; and

3 ‘‘(3) the State shall establish within the State a

4 State trail advisory committee that represents both

5 motorized and nonmotorized trail users.

6 ‘‘(d) USE OF APPORTIONED FUNDS.—

7 ‘‘(1) IN GENERAL.—Funds made available under

8 this section shall be obligated for trails and trail-re9 lated projects that—

10 ‘‘(A) have been planned and developed

11 under the laws, policies, and administrative pro12 cedures of each State; and

13 ‘‘(B) are identified in, or further a specific

14 goal of, a trail plan or trail plan element in15 cluded or referenced in a metropolitan transpor16 tation plan required under section 134 or a

17 statewide transportation plan required under

18 section 135, consistent with the statewide com19 prehensive outdoor recreation plan required by

20 the Land and Water Conservation Fund Act of

21 1965 (16 U.S.C. 460l–4 et seq.).

22 ‘‘(2) PERMISSIBLE USES.—Permissible uses of

23 funds made available under this section include—

24 ‘‘(A) maintenance and restoration of exist25 ing trails;
78

S 1173 OPS

1 ‘‘(B) development and rehabilitation of

2 trailside and trailhead facilities and trail link3 ages;

4 ‘‘(C) purchase and lease of trail construc5 tion and maintenance equipment;

6 ‘‘(D) construction of new trails;

7 ‘‘(E) acquisition of easements and fee sim8 ple title to property for trails or trail corridors;

9 ‘‘(F) payment of costs to the State incurred

10 in administering the program, but in an amount

11 not to exceed 7 percent of the apportionment re12 ceived by the State for a fiscal year; and

13 ‘‘(G) operation of educational programs to

14 promote safety and environmental protection as

15 these objectives relate to the use of trails.

16 ‘‘(3) USE OF APPORTIONMENTS.—

17 ‘‘(A) IN GENERAL.—Except as provided in

18 subparagraphs (B), (C), and (D), of the appor19 tionments received for a fiscal year by a State

20 under this section—

21 ‘‘(i) 40 percent shall be used for trail

22 or trail-related projects that facilitate di23 verse recreational trail use within a trail

24 corridor, trailside, or trailhead, regardless

25 of whether the project is for diverse motor-
79

S 1173 OPS

1 ized use, for diverse nonmotorized use, or to

2 accommodate both motorized and non3 motorized recreational trail use;

4 ‘‘(ii) 30 percent shall be used for uses

5 relating to motorized recreation; and

6 ‘‘(iii) 30 percent shall be used for uses

7 relating to nonmotorized recreation.

8 ‘‘(B) SMALL STATE EXCLUSION.—Any State

9 with a total land area of less than 3,500,000

10 acres, and in which nonhighway recreational

11 fuel use accounts for less than 1 percent of all

12 such fuel use in the United States, shall be ex13 empted from the requirements of subparagraph

14 (A) upon application to the Secretary by the

15 State demonstrating that the State meets the

16 conditions of this subparagraph.

17 ‘‘(C) WAIVER AUTHORITY.—Upon the re18 quest of a State trail advisory committee estab19 lished under subsection (c)(3), the Secretary may

20 waive, in whole or in part, the requirements of

21 subparagraph (A) with respect to the State if the

22 State certifies to the Secretary that the State

23 does not have sufficient projects to meet the re24 quirements of subparagraph (A).
80

S 1173 OPS

1 ‘‘(D) STATE ADMINISTRATIVE COSTS.—State

2 administrative costs eligible for funding under

3 paragraph (2)(F) shall be exempt from the re4 quirements of subparagraph (A).

5 ‘‘(e) ENVIRONMENTAL BENEFIT OR MITIGATION.—To

6 the extent practicable and consistent with the other require7 ments of this section, a State should give consideration to

8 project proposals that provide for the redesign, reconstruc9 tion, nonroutine maintenance, or relocation of trails to ben10 efit the natural environment or to mitigate and minimize

11 the impact to the natural environment.

12 ‘‘(f) FEDERAL SHARE.—

13 ‘‘(1) IN GENERAL.—Subject to the other provi14 sions of this subsection, the Federal share of the cost

15 of a project under this section shall not exceed 80 per16 cent.

17 ‘‘(2) FEDERAL AGENCY PROJECT SPONSOR.—Not18 withstanding any other provision of law, a Federal

19 agency that sponsors a project under this section may

20 contribute additional Federal funds toward the cost of

21 a project, except that—

22 ‘‘(A) the share attributable to the Secretary

23 of Transportation may not exceed 80 percent;

24 and
81

S 1173 OPS

1 ‘‘(B) the share attributable to the Secretary

2 and the Federal agency jointly may not exceed

3 95 percent.

4 ‘‘(3) USE OF FUNDS FROM FEDERAL PROGRAMS

5 TO PROVIDE NON-FEDERAL SHARE.—Notwithstanding

6 any other provision of law, amounts made available

7 by the Federal Government under any Federal pro8 gram that are—

9 ‘‘(A) expended in accordance with the re10 quirements of the Federal program relating to

11 activities funded and populations served; and

12 ‘‘(B) expended on a project that is eligible

13 for assistance under this section;

14 may be credited toward the non-Federal share of the

15 cost of the project.

16 ‘‘(4) PROGRAMMATIC NON-FEDERAL SHARE.—A

17 State may allow adjustments to the non-Federal share

18 of an individual project under this section if the Fed19 eral share of the cost of all projects carried out by the

20 State under the program (excluding projects funded

21 under paragraph (2) or (3)) using funds apportioned

22 to the State for a fiscal year does not exceed 80 per23 cent.

24 ‘‘(5) STATE ADMINISTRATIVE COSTS.—The Fed25 eral share of the administrative costs of a State under
82

S 1173 OPS

1 this subsection shall be determined in accordance with

2 section 120(b).

3 ‘‘(g) USES NOT PERMITTED.—A State may not obli4 gate funds apportioned under this section for—

5 ‘‘(1) condemnation of any kind of interest in

6 property;

7 ‘‘(2) construction of any recreational trail on

8 National Forest System land for any motorized use

9 unless—

10 ‘‘(A) the land has been apportioned for uses

11 other than wilderness by an approved forest land

12 and resource management plan or has been re13 leased to uses other than wilderness by an Act of

14 Congress; and

15 ‘‘(B) the construction is otherwise consistent

16 with the management direction in the approved

17 forest land and resource management plan;

18 ‘‘(3) construction of any recreational trail on

19 Bureau of Land Management land for any motorized

20 use unless the land—

21 ‘‘(A) has been apportioned for uses other

22 than wilderness by an approved Bureau of Land

23 Management resource management plan or has

24 been released to uses other than wilderness by an

25 Act of Congress; and
83

S 1173 OPS

1 ‘‘(B) the construction is otherwise consistent

2 with the management direction in the approved

3 management plan; or

4 ‘‘(4) upgrading, expanding, or otherwise facili5 tating motorized use or access to trails predominantly

6 used by nonmotorized trail users and on which, as of

7 May 1, 1991, motorized use is prohibited or has not

8 occurred.

9 ‘‘(h) PROJECT ADMINISTRATION.—

10 ‘‘(1) CREDIT FOR DONATIONS OF FUNDS, MATE11 RIALS, SERVICES, OR NEW RIGHT-OF-WAY.—

12 ‘‘(A) IN GENERAL.—Nothing in this title or

13 other law shall prevent a project sponsor from of14 fering to donate funds, materials, services, or a

15 new right-of-way for the purposes of a project el16 igible for assistance under this section. Any

17 funds, or the fair market value of any materials,

18 services, or new right-of-way, may be donated by

19 any project sponsor and shall be credited to the

20 non-Federal share in accordance with subsection

21 (f).

22 ‘‘(B) FEDERAL PROJECT SPONSORS.—Any

23 funds or the fair market value of any materials

24 or services may be provided by a Federal project
84

S 1173 OPS

1 sponsor and shall be credited to the Federal

2 agency’s share in accordance with subsection (f).

3 ‘‘(2) RECREATIONAL PURPOSE.—A project fund4 ed under this section is intended to enhance rec5 reational opportunity and is not subject to section

6 138 of this title or section 303 of title 49.

7 ‘‘(3) CONTINUING RECREATIONAL USE.—At the

8 option of each State, funds made available under this

9 section may be treated as Land and Water Conserva10 tion Fund apportionments for the purposes of section

11 6(f)(3) of the Land and Water Conservation Fund Act

12 of 1965 (16 U.S.C. 460l–8(f)(3)).

13 ‘‘(4) COOPERATION BY PRIVATE PERSONS.—

14 ‘‘(A) WRITTEN ASSURANCES.—As a condi15 tion of making available apportionments for

16 work on recreational trails that would affect pri17 vately owned land, a State shall obtain written

18 assurances that the owner of the land will co19 operate with the State and participate as nec20 essary in the activities to be conducted.

21 ‘‘(B) PUBLIC ACCESS.—Any use of the ap22 portionments to a State under this section on

23 privately owned land must be accompanied by

24 an easement or other legally binding agreement

25 that ensures public access to the recreational
85

S 1173 OPS

1 trail improvements funded by the apportion2 ments.

3 ‘‘(i) APPORTIONMENT.—

4 ‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this

5 subsection, the term ‘eligible State’ means a State

6 that meets the requirements of subsection (c).

7 ‘‘(2) APPORTIONMENT.—Subject to subsection (j),

8 for each fiscal year, the Secretary shall apportion—

9 ‘‘(A) 50 percent of the amounts made avail10 able to carry out this section equally among eli11 gible States; and

12 ‘‘(B) 50 percent of the amounts made avail13 able to carry out this section among eligible

14 States in proportion to the quantity of non15 highway recreational fuel used in each eligible

16 State during the preceding year.

17 ‘‘(j) ADMINISTRATIVE COSTS.—

18 ‘‘(1) IN GENERAL.—Whenever an apportionment

19 is made under subsection (i) of the amounts made

20 available to carry out this section, the Secretary shall

21 first deduct an amount, not to exceed 1 percent of the

22 authorized amounts, to pay the costs to the Secretary

23 for administration of, and research authorized under,

24 the program.
86

S 1173 OPS

1 ‘‘(2) USE OF CONTRACTS.—To carry out research

2 funded under paragraph (1), the Secretary may—

3 ‘‘(A) enter into contracts with for-profit or4 ganizations; and

5 ‘‘(B) enter into contracts, partnerships, or

6 cooperative agreements with other government

7 agencies, institutions of higher learning, or non8 profit organizations.

9 ‘‘(k) AUTHORIZATION OF CONTRACT AUTHORITY.—

10 ‘‘(1) IN GENERAL.—There shall be available from

11 the Highway Trust Fund (other than the Mass Tran12 sit Account) to carry out this section $17,000,000 for

13 fiscal year 1998, $20,000,000 for fiscal year 1999,

14 $22,000,000 for fiscal year 2000, $23,000,000 for fis15 cal year 2001, $24,000,000 for fiscal year 2002, and

16 $25,000,000 for fiscal year 2003.

17 ‘‘(2) CONTRACT AUTHORITY.—Funds authorized

18 under this subsection shall be available for obligation

19 in the same manner as if the funds were apportioned

20 under chapter 1, except that the Federal share of the

21 cost of a project under this section shall be determined

22 in accordance with this section.’’.

23 (b) CONFORMING AMENDMENTS.—
87

S 1173 OPS

1 (1) The Intermodal Surface Transportation Effi2 ciency Act of 1991 is amended by striking part B of

3 title I (16 U.S.C. 1261 et seq.).

4 (2) The analysis for chapter 2 of title 23, United

5 States Code, is amended by striking the item relating

6 to section 206 and inserting the following:

‘‘206. Recreational trails program.’’.

7 SEC. 1108. VALUE PRICING PILOT PROGRAM.

8 (a) IN GENERAL.—Section 1012(b) of the Intermodal

9 Surface Transportation Efficiency Act of 1991 (23 U.S.C.

10 149 note; 105 Stat. 1938) is amended—

11 (1) in the subsection heading, by striking ‘‘CON12 GESTION’’ and inserting ‘‘VALUE’’; and

13 (2) in paragraph (1), by striking ‘‘congestion’’

14 each place it appears and inserting ‘‘value’’.

15 (b) INCREASED NUMBER OF PROJECTS.—Section

16 1012(b)(1) of the Intermodal Surface Transportation Effi17 ciency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938)

18 is amended in the second sentence by striking ‘‘5’’ and in19 serting ‘‘15’’.

20 (c) ELIGIBILITY OF PREIMPLEMENTATION COSTS.—

21 Section 1012(b)(2) of the Intermodal Surface Transpor22 tation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat.

23 1938) is amended in the second sentence—
88

S 1173 OPS

1 (1) by inserting after ‘‘Secretary shall fund’’ the

2 following: ‘‘all preimplementation costs and project

3 design, and’’; and

4 (2) by inserting after ‘‘Secretary may not fund’’

5 the following: ‘‘the implementation costs of’’.

6 (d) TOLLING.—Section 1012(b)(4) of the Intermodal

7 Surface Transportation Efficiency Act of 1991 (23 U.S.C.

8 149 note; 105 Stat. 1938) is amended by striking ‘‘a pilot

9 program under this section, but not on more than 3 of such

10 programs’’ and inserting ‘‘any value pricing pilot program

11 under this subsection’’.

12 (e) HOV PASSENGER REQUIREMENTS.—Section

13 1012(b) of the Intermodal Surface Transportation Effi14 ciency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938)

15 is amended by striking paragraph (6) and inserting the fol16 lowing:

17 ‘‘(6) HOV PASSENGER REQUIREMENTS.—Not18 withstanding section 146(c) of title 23, United States

19 Code, a State may permit vehicles with fewer than 2

20 occupants to operate in high occupancy vehicle lanes

21 if the vehicles are part of a value pricing pilot pro22 gram under this subsection.’’.

23 (f) FUNDING.—Section 1012(b) of the Intermodal Sur24 face Transportation Efficiency Act of 1991 (23 U.S.C. 149
89

S 1173 OPS

1 note; 105 Stat. 1938) is amended by adding at the end the

2 following:

3 ‘‘(7) AUTHORIZATION OF CONTRACT AUTHOR4 ITY.—

5 ‘‘(A) IN GENERAL.—There shall be available

6 from the Highway Trust Fund (other than the

7 Mass Transit Account) to carry out this sub8 section $8,000,000 for each of fiscal years 1998

9 through 2003.

10 ‘‘(B) AVAILABILITY.—

11 ‘‘(i) IN GENERAL.—Funds allocated by

12 the Secretary to a State under this sub13 section shall remain available for obligation

14 by the State for a period of 3 years after the

15 last day of the fiscal year for which the

16 funds are authorized.

17 ‘‘(ii) USE OF UNALLOCATED FUNDS.—

18 If the total amount of funds made available

19 from the Highway Trust Fund under this

20 subsection but not allocated exceeds

21 $8,000,000 as of September 30 of any year,

22 the excess amount—

23 ‘‘(I) shall be apportioned in the

24 following fiscal year by the Secretary

25 to all States in accordance with section
90

S 1173 OPS

1 104(b)(3) of title 23, United States

2 Code;

3 ‘‘(II) shall be considered to be a

4 sum made available for expenditure on

5 the surface transportation program, ex6 cept that the amount shall not be sub7 ject to section 133(d) of that title; and

8 ‘‘(III) shall be available for any

9 purpose eligible for funding under sec10 tion 133 of that title.

11 ‘‘(C) CONTRACT AUTHORITY.—Funds au12 thorized under this paragraph shall be available

13 for obligation in the same manner as if the funds

14 were apportioned under chapter 1 of title 23,

15 United States Code, except that the Federal share

16 of the cost of any project under this subsection

17 and the availability of funds authorized by this

18 paragraph shall be determined in accordance

19 with this subsection.’’.

20 (g) CONFORMING AMENDMENTS.—Section 1012(b) of

21 the Intermodal Surface Transportation Efficiency Act of

22 1991 (23 U.S.C. 149 note; 105 Stat. 1938) is amended—

23 (1) in paragraph (1), by striking ‘‘projects’’ each

24 place it appears and inserting ‘‘programs’’; and

25 (2) in paragraph (5)—
91

S 1173 OPS

1 (A) by striking ‘‘projects’’ and inserting

2 ‘‘programs’’; and

3 (B) by striking ‘‘traffic, volume’’ and in4 serting ‘‘traffic volume’’.

5 SEC. 1109. HIGHWAY USE TAX EVASION PROJECTS.

6 (a) IN GENERAL.—Section 143 of title 23, United

7 States Code, is amended to read as follows:

8 ‘‘§ 143. Highway use tax evasion projects

9 ‘‘(a) DEFINITION OF STATE.—In this section, the term

10 ‘State’ means the 50 States and the District of Columbia.

11 ‘‘(b) PROJECTS.—

12 ‘‘(1) IN GENERAL.—The Secretary shall use

13 funds made available under paragraph (7) to carry

14 out highway use tax evasion projects in accordance

15 with this subsection.

16 ‘‘(2) ALLOCATION OF FUNDS.—The funds may be

17 allocated to the Internal Revenue Service and the

18 States at the discretion of the Secretary.

19 ‘‘(3) CONDITIONS ON FUNDS ALLOCATED TO IN20 TERNAL REVENUE SERVICE.—The Secretary shall not

21 impose any condition on the use of funds allocated to

22 the Internal Revenue Service under this subsection.

23 ‘‘(4) LIMITATION ON USE OF FUNDS.—Funds

24 made available under paragraph (7) shall be used

25 only—
92

S 1173 OPS

1 ‘‘(A) to expand efforts to enhance motor fuel

2 tax enforcement;

3 ‘‘(B) to fund additional Internal Revenue

4 Service staff, but only to carry out functions de5 scribed in this paragraph;

6 ‘‘(C) to supplement motor fuel tax examina7 tions and criminal investigations;

8 ‘‘(D) to develop automated data processing

9 tools to monitor motor fuel production and sales;

10 ‘‘(E) to evaluate and implement registra11 tion and reporting requirements for motor fuel

12 taxpayers;

13 ‘‘(F) to reimburse State expenses that sup14 plement existing fuel tax compliance efforts; and

15 ‘‘(G) to analyze and implement programs to

16 reduce tax evasion associated with other highway

17 use taxes.

18 ‘‘(5) MAINTENANCE OF EFFORT.—The Secretary

19 may not make an allocation to a State under this

20 subsection for a fiscal year unless the State certifies

21 that the aggregate expenditure of funds of the State,

22 exclusive of Federal funds, for motor fuel tax enforce23 ment activities will be maintained at a level that does

24 not fall below the average level of such expenditure for

25 the preceding 2 fiscal years of the State.
93

S 1173 OPS

1 ‘‘(6) FEDERAL SHARE.—The Federal share of the

2 cost of a project carried out under this subsection

3 shall be 100 percent.

4 ‘‘(7) AUTHORIZATION OF CONTRACT AUTHOR5 ITY.—

6 ‘‘(A) IN GENERAL.—There shall be available

7 to the Secretary from the Highway Trust Fund

8 (other than the Mass Transit Account) to carry

9 out this subsection $5,000,000 for each of fiscal

10 years 1998 through 2003.

11 ‘‘(B) AVAILABILITY OF FUNDS.—Funds au12 thorized under this paragraph shall remain

13 available for obligation for a period of 1 year

14 after the last day of the fiscal year for which the

15 funds are authorized.

16 ‘‘(8) In addition to funds allocated under this

17 section, a State may, at its discretion, expend up to

18 one-fourth of one percent of its annual Federal-aid

19 apportionments under 104(b)(3) on initiatives to halt

20 the evasion of payment of motor fuel taxes.

21 ‘‘(c) EXCISE FUEL REPORTING SYSTEM.—

22 ‘‘(1) IN GENERAL.—Not later than April 1, 1998,

23 the Secretary shall enter into a memorandum of un24 derstanding with the Commissioner of the Internal

25 Revenue Service for the purposes of the development
94

S 1173 OPS

1 and maintenance by the Internal Revenue Service of

2 an excise fuel reporting system (referred to in this

3 subsection as the ‘system’).

4 ‘‘(2) ELEMENTS OF MEMORANDUM OF UNDER5 STANDING.—The memorandum of understanding shall

6 provide that—

7 ‘‘(A) the Internal Revenue Service shall de8 velop and maintain the system through con9 tracts;

10 ‘‘(B) the system shall be under the control

11 of the Internal Revenue Service; and

12 ‘‘(C) the system shall be made available for

13 use by appropriate State and Federal revenue,

14 tax, or law enforcement authorities, subject to

15 section 6103 of the Internal Revenue Code of

16 1986.

17 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS FROM

18 HIGHWAY TRUST FUND.—

19 ‘‘(A) IN GENERAL.—There are authorized to

20 be appropriated to the Secretary from the High21 way Trust Fund (other than the Mass Transit

22 Account) to carry out this subsection—

23 ‘‘(i) $8,000,000 for development of the

24 system; and
95

S 1173 OPS

1 ‘‘(ii) $2,000,000 for each of fiscal years

2 1998 through 2003 for operation and main3 tenance of the system.

4 ‘‘(B) AVAILABILITY.—Notwithstanding sec5 tion 118(a), funds made available under sub6 paragraph (A) shall not be available in advance

7 of an annual appropriation.’’.

8 (b) CONFORMING AMENDMENTS.—

9 (1) The analysis for chapter 1 of title 23, United

10 States Code, is amended by striking the item relating

11 to section 143 and inserting the following:

‘‘143. Highway use tax evasion projects.’’.

12 (2) Section 1040 of the Intermodal Surface

13 Transportation Efficiency Act of 1991 (23 U.S.C. 101

14 note; 105 Stat. 1992) is repealed.

15 (3) Section 8002 of the Intermodal Surface

16 Transportation Efficiency Act of 1991 (23 U.S.C. 101

17 note; 105 Stat. 2203) is amended—

18 (A) in the first sentence of subsection (g), by

19 striking ‘‘section 1040 of this Act’’ and inserting

20 ‘‘section 143 of title 23, United States Code,’’;

21 and

22 (B) by striking subsection (h).
96

S 1173 OPS

1 SEC. 1110. BICYCLE TRANSPORTATION AND PEDESTRIAN

2 WALKWAYS.

3 Section 217 of title 23, United States Code, is amend4 ed—

5 (1) in subsection (b)—

6 (A) by inserting ‘‘pedestrian walkways

7 and’’ after ‘‘construction of’’; and

8 (B) by striking ‘‘(other than the Interstate

9 System)’’;

10 (2) in subsection (e), by striking ‘‘, other than a

11 highway access to which is fully controlled,’’;

12 (3) by striking subsection (g) and inserting the

13 following:

14 ‘‘(g) PLANNING AND DESIGN.—

15 ‘‘(1) IN GENERAL.—Bicyclists and pedestrians

16 shall be given consideration in the comprehensive

17 transportation plans developed by each metropolitan

18 planning organization and State in accordance with

19 sections 134 and 135, respectively.

20 ‘‘(2) CONSTRUCTION.—Bicycle transportation fa21 cilities and pedestrian walkways shall be considered,

22 where appropriate, in conjunction with all new con23 struction and reconstruction of transportation facili24 ties, except where bicycle and pedestrian use are not

25 permitted.
97

S 1173 OPS

1 ‘‘(3) SAFETY AND CONTIGUOUS ROUTES.—Trans2 portation plans and projects shall provide consider3 ation for safety and contiguous routes for bicyclists

4 and pedestrians.’’;

5 (4) in subsection (h)—

6 (A) by striking ‘‘No motorized vehicles

7 shall’’ and inserting ‘‘Motorized vehicles may

8 not’’; and

9 (B) by striking paragraph (3) and inserting

10 the following:

11 ‘‘(3) wheelchairs that are powered; and’’; and

12 (5) by striking subsection (j) and inserting the

13 following:

14 ‘‘(j) DEFINITIONS.—In this section:

15 ‘‘(1) BICYCLE TRANSPORTATION FACILITY.—The

16 term ‘bicycle transportation facility’ means a new or

17 improved lane, path, or shoulder for use by bicyclists

18 or a traffic control device, shelter, or parking facility

19 for bicycles.

20 ‘‘(2) PEDESTRIAN.—The term ‘pedestrian’ means

21 any person traveling by foot or any mobility im22 paired person using a wheelchair.

23 ‘‘(3) WHEELCHAIR.—The term ‘wheelchair’

24 means a mobility aid, usable indoors, and designed
98

S 1173 OPS

1 for and used by individuals with mobility impair2 ments, whether operated manually or powered.’’.

3 SEC. 1111. DISADVANTAGED BUSINESS ENTERPRISES.

4 (a) GENERAL RULE.—Except to the extent that the

5 Secretary determines otherwise, not less than 10 percent of

6 the amounts made available for any program under titles

7 I, II, and V of this Act shall be expended with small busi8 ness concerns owned and controlled by socially and eco9 nomically disadvantaged individuals.

10 (b) DEFINITIONS.—For purposes of this section, the

11 following definitions apply:

12 (1) SMALL BUSINESS CONCERN.—The term

13 ‘‘small business concern’’ has the meaning such term

14 has under section 3 of the Small Business Act (15

15 U.S.C. 632); except that such term shall not include

16 any concern or group of concerns controlled by the

17 same socially and economically disadvantaged indi18 vidual or individuals which has average annual gross

19 receipts over the preceding 3 fiscal years in excess of

20 $16,600,000, as adjusted by the Secretary for infla21 tion.

22 (2) SOCIALLY AND ECONOMICALLY DISADVAN23 TAGED INDIVIDUALS.—The term ‘‘socially and eco24 nomically disadvantaged individuals’’ has the mean25 ing such term has under section 8(d) of the Small
99

S 1173 OPS

1 Business Act (15 U.S.C. 637(d)) and relevant sub2 contracting regulations promulgated pursuant thereto;

3 except that women shall be presumed to be socially

4 and economically disadvantaged individuals for pur5 poses of this section.

6 (c) ANNUAL LISTING OF DISADVANTAGED BUSINESS

7 ENTERPRISES.—Each State shall annually survey and

8 compile a list of the small business concerns referred to in

9 subsection (a) and the location of such concerns in the State

10 and notify the Secretary, in writing, of the percentage of

11 such concerns which are controlled by women, by socially

12 and economically disadvantaged individuals (other than

13 women), and by individuals who are women and are other14 wise socially and economically disadvantaged individuals.

15 (d) UNIFORM CERTIFICATION.—The Secretary shall es16 tablish minimum uniform criteria for State governments

17 to use in certifying whether a concern qualifies for purposes

18 of this section. Such minimum uniform criteria shall in19 clude but not be limited to on-site visits, personal inter20 views, licenses, analysis of stock ownership, listing of equip21 ment, analysis of bonding capacity, listing of work com22 pleted, resume of principal owners, financial capacity, and

23 type of work preferred.

24 (e) COMPLIANCE WITH COURT ORDERS.—Nothing in

25 this section limits the eligibility of an entity or person to
100

S 1173 OPS

1 receive funds made available under titles I, II, and V of

2 this Act, if the entity or person is prevented, in whole or

3 in part, from complying with subsection (a) because a Fed4 eral court issues a final order in which the court finds that

5 the requirement of subsection (a), or the program estab6 lished under subsection (a), is unconstitutional.

7 (f) REVIEW BY COMPTROLLER GENERAL.—Not later

8 than 3 years after the date of enactment of this Act, the

9 Comptroller General of the United States shall conduct a

10 review of, and publish and report to Congress findings and

11 conclusions on, the impact throughout the United States of

12 administering the requirement of subsection (a), including

13 an analysis of—

14 (1) in the case of small business concerns cer15 tified in each State under subsection (d) as owned

16 and controlled by socially and economically disadvan17 taged individuals—

18 (A) the number of the small business con19 cerns; and

20 (B) the participation rates of the small

21 business concerns in prime contracts and sub22 contracts funded under titles I, II, and V of this

23 Act;

24 (2) in the case of small business concerns de25 scribed in paragraph (1) that receive prime contracts
101

S 1173 OPS

1 and subcontracts funded under titles I, II, and V of

2 this Act—

3 (A) the number of the small business con4 cerns;

5 (B) the annual gross receipts of the small

6 business concerns; and

7 (C) the net worth of socially and economi8 cally disadvantaged individuals that own and

9 control the small business concerns;

10 (3) in the case of small business concerns de11 scribed in paragraph (1) that do not receive prime

12 contracts and subcontracts funded under titles I, II,

13 and V of this Act—

14 (A) the annual gross receipts of the small

15 business concerns; and

16 (B) the net worth of socially and economi17 cally disadvantaged individuals that own and

18 control the small business concerns;

19 (4) in the case of business concerns that receive

20 prime contracts and subcontracts funded under titles

21 I, II, and V of this Act, other than small business

22 concerns described in paragraph (2)—

23 (A) the annual gross receipts of the business

24 concerns; and
102

S 1173 OPS

1 (B) the net worth of individuals that own

2 and control the business concerns;

3 (5) the rate of graduation from any programs

4 carried out to comply with the requirement of sub5 section (a) for small business concerns owned and

6 controlled by socially and economically disadvantaged

7 individuals;

8 (6) the overall cost of administering the require9 ment of subsection (a), including administrative costs,

10 certification costs, additional construction costs, and

11 litigation costs;

12 (7) any discrimination, on the basis of race,

13 color, national origin, or sex, against small business

14 concerns owned and controlled by socially and eco15 nomically disadvantaged individuals;

16 (8)(A) any other factors limiting the ability of

17 small business concerns owned and controlled by so18 cially and economically disadvantaged individuals to

19 compete for prime contracts and subcontracts funded

20 under titles I, II, and V of this Act; and

21 (B) the extent to which any of those factors are

22 caused, in whole or in part, by discrimination based

23 on race, color, national origin, or sex;

24 (9) any discrimination, on the basis of race,

25 color, national origin, or sex, against construction
103

S 1173 OPS

1 companies owned and controlled by socially and eco2 nomically disadvantaged individuals in public and

3 private transportation contracting and the financial,

4 credit, insurance, and bond markets;

5 (10) the impact on small business concerns

6 owned and controlled by socially and economically

7 disadvantaged individuals of—

8 (A) the issuance of a final order described

9 in subsection (e) by a Federal court that sus10 pends a program established under subsection

11 (a); or

12 (B) the repeal or suspension of State or

13 local disadvantaged business enterprise pro14 grams; and

15 (11) the impact of the requirement of subsection

16 (a), and any program carried out to comply with

17 subsection (a), on competition and the creation of

18 jobs, including the creation of jobs for socially and

19 economically disadvantaged individuals.

20 SEC. 1112. FEDERAL SHARE PAYABLE.

21 (a) IN GENERAL.—Section 120 of title 23, United

22 States Code (as amended by section 1106(a)), is amended—

23 (1) in each of subsections (a) and (b), by adding

24 at the end the following: ‘‘In the case of any project

25 subject to this subsection, a State may determine a
104

S 1173 OPS

1 lower Federal share than the Federal share deter2 mined under the preceding sentences of this sub3 section.’’; and

4 (2) by adding at the end the following:

5 ‘‘(l) CREDIT FOR NON-FEDERAL SHARE.—

6 ‘‘(1) ELIGIBILITY.—A State may use as a credit

7 toward the non-Federal share requirement for any

8 program under the Intermodal Surface Transpor9 tation Efficiency Act of 1991 (Public Law 102–240)

10 or this title, other than the emergency relief program

11 authorized by section 125, toll revenues that are gen12 erated and used by public, quasi-public, and private

13 agencies to build, improve, or maintain, without the

14 use of Federal funds, highways, bridges, or tunnels

15 that serve the public purpose of interstate commerce.

16 ‘‘(2) MAINTENANCE OF EFFORT.—

17 ‘‘(A) IN GENERAL.—The credit toward any

18 non-Federal share under paragraph (1) shall not

19 reduce nor replace State funds required to match

20 Federal funds for any program under this title.

21 ‘‘(B) CONDITIONS ON RECEIPT OF CRED22 IT.—

23 ‘‘(i) AGREEMENT WITH THE SEC24 RETARY.—To receive a credit under para25 graph (1) for a fiscal year, a State shall
105

S 1173 OPS

1 enter into such agreements as the Secretary

2 may require to ensure that the State will

3 maintain its non-Federal transportation

4 capital expenditures at or above the average

5 level of such expenditures for the preceding

6 3 fiscal years.

7 ‘‘(ii) EXCEPTION.—Notwithstanding

8 clause (i), a State may receive a credit

9 under paragraph (1) for a fiscal year if, for

10 any 1 of the preceding 3 fiscal years, the

11 non-Federal transportation capital expendi12 tures of the State were at a level that was

13 greater than 30 percent of the average level

14 of such expenditures for the other 2 of the

15 preceding 3 fiscal years.

16 ‘‘(3) TREATMENT.—

17 ‘‘(A) IN GENERAL.—Use of the credit to18 ward a non-Federal share under paragraph (1)

19 shall not expose the agencies from which the

20 credit is received to additional liability, addi21 tional regulation, or additional administrative

22 oversight.

23 ‘‘(B) CHARTERED MULTISTATE AGEN24 CIES.—When credit is applied from a chartered
106

S 1173 OPS

1 multistate agency under paragraph (1), the cred2 it shall be applied equally to all charter States.

3 ‘‘(C) NO ADDITIONAL STANDARDS.—A pub4 lic, quasi-public, or private agency from which

5 the credit for which the non-Federal share is cal6 culated under paragraph (1) shall not be subject

7 to any additional Federal design standards or

8 laws (including regulations) as a result of pro9 viding the credit beyond the standards and laws

10 to which the agency is already subject.’’.

11 (b) TECHNICAL AMENDMENTS.—

12 (1) Section 104(f)(3) of title 23, United States

13 Code, is amended in the second sentence by striking

14 ‘‘section 120(j) of this title’’ and inserting ‘‘section

15 120’’.

16 (2) Section 130(a) of title 23, United States

17 Code, is amended—

18 (A) in the first sentence, by striking ‘‘Ex19 cept as provided in subsection (d) of section 120

20 of this title’’ and inserting ‘‘Subject to section

21 120’’; and

22 (B) in the second sentence, by striking ‘‘ex23 cept as provided in subsection (d) of section 120

24 of this title’’ and inserting ‘‘subject to section

25 120’’.
107

S 1173 OPS

1 SEC. 1113. STUDIES AND REPORTS.

2 (a) HIGHWAY ECONOMIC REQUIREMENT SYSTEM.—

3 (1) METHODOLOGY.—

4 (A) EVALUATION.—The Comptroller Gen5 eral of the United States shall conduct an eval6 uation of the methodology used by the Depart7 ment of Transportation to determine highway

8 needs using the highway economic requirement

9 system (referred to in this subsection as the

10 ‘‘model’’).

11 (B) REQUIRED ELEMENT.—The evaluation

12 shall include an assessment of the extent to

13 which the model estimates an optimal level of

14 highway infrastructure investment, including an

15 assessment as to when the model may be over16 estimating or underestimating investment re17 quirements.

18 (C) REPORT TO CONGRESS.—Not later than

19 2 years after the date of enactment of this Act,

20 the Comptroller General shall submit a report to

21 Congress on the results of the evaluation.

22 (2) STATE INVESTMENT PLANS.—

23 (A) STUDY.—In consultation with State

24 transportation departments and other appro25 priate State and local officials, the Comptroller

26 General of the United States shall conduct a
108

S 1173 OPS

1 study on the extent to which the highway eco2 nomic requirement system of the Federal High3 way Administration can be used to provide

4 States with useful information for developing

5 State transportation investment plans and State

6 infrastructure investment projections.

7 (B) REQUIRED ELEMENTS.—The study

8 shall—

9 (i) identify any additional data that

10 may need to be collected beyond the data

11 submitted, prior to the date of enactment of

12 this Act, to the Federal Highway Adminis13 tration through the highway performance

14 monitoring system; and

15 (ii) identify what additional work, if

16 any, would be required of the Federal High17 way Administration and the States to make

18 the model useful at the State level.

19 (C) REPORT TO CONGRESS.—Not later than

20 3 years after the date of enactment of this Act,

21 the Comptroller General shall submit a report to

22 Congress on the results of the study.

23 (b) INTERNATIONAL ROUGHNESS INDEX.—

24 (1) STUDY.—The Comptroller General of the

25 United States shall conduct a study on the inter-
109

S 1173 OPS

1 national roughness index that is used as an indicator

2 of pavement quality on the Federal-aid highway sys3 tem.

4 (2) REQUIRED ELEMENTS.—The study shall

5 specify the extent of usage of the index and the extent

6 to which the international roughness index measure7 ment is reliable across different manufacturers and

8 types of pavement.

9 (3) REPORT TO CONGRESS.—Not later than 2

10 years after the date of enactment of this Act, the

11 Comptroller General shall submit a report to Congress

12 on the results of the study.

13 (c) REPORTING OF RATES OF OBLIGATION.—Section

14 104 of title 23, United States Code, is amended—

15 (1) by redesignating subsection (j) as subsection

16 (m); and

17 (2) by inserting after subsection (i) the following:

18 ‘‘(j) REPORTING OF RATES OF OBLIGATION.—On an

19 annual basis, the Secretary shall publish or otherwise report

20 rates of obligation of funds apportioned or set aside under

21 this section and section 133 according to—

22 ‘‘(1) program;

23 ‘‘(2) funding category or subcategory;

24 ‘‘(3) type of improvement;

25 ‘‘(4) State; and
110

S 1173 OPS

1 ‘‘(5) sub-State geographic area, including urban2 ized and rural areas, on the basis of the population

3 of each such area.’’.

4 (d) EVALUATION OF PROCUREMENT PRACTICES AND

5 PROJECT DELIVERY.—

6 (1) STUDY.—The Comptroller General shall con7 duct a study to assess—

8 (A) the impact that a utility company’s

9 failure to relocate its facilities in a timely man10 ner has on the delivery and cost of Federal-aid

11 highway and bridge projects;

12 (B) methods States use to mitigate delays

13 described in subparagraph (A), including the use

14 of the courts to compel utility cooperation;

15 (C) the prevalence and use of—

16 (i) incentives to utility companies for

17 early completion of utility relocations on

18 Federal-aid transportation project sites; and

19 (ii) penalties assessed on utility com20 panies for utility relocation delays on such

21 projects;

22 (D) the extent to which States have used

23 available technologies, such as subsurface utility

24 engineering, early in the design of Federal-aid

25 highway and bridge projects so as to eliminate
111

S 1173 OPS

1 or reduce the need for or delays due to utility re2 locations; and

3 (E)(i) whether individual States compensate

4 transportation contractors for business costs in5 curred by the contractors when Federal-aid high6 way and bridge projects under contract to the

7 contractors are delayed by delays caused by util8 ity companies in utility relocations; and

9 (ii) methods used by States in making any

10 such compensation.

11 (2) REPORT.—Not later than 1 year after the

12 date of the enactment of this Act, the Comptroller

13 General shall submit to Congress a report on the re14 sults of the study, including any recommendations

15 that the Comptroller General determines to be appro16 priate as a result of the study.

17 SEC. 1114. DEFINITIONS.

18 (a) FEDERAL-AID HIGHWAY FUNDS AND PROGRAM.—

19 (1) IN GENERAL.—Section 101(a) of title 23,

20 United States Code, is amended by inserting before

21 the undesignated paragraph defining ‘‘Federal-aid

22 highways’’ the following:

23 ‘‘The term ‘Federal-aid highway funds’ means funds

24 made available to carry out the Federal-aid highway pro25 gram.
112

S 1173 OPS

1 ‘‘The term ‘Federal-aid highway program’ means all

2 programs authorized under chapters 1, 3, and 5.’’.

3 (2) CONFORMING AMENDMENTS.—

4 (A) Section 101(d) of title 23, United States

5 Code, is amended by striking ‘‘the construction of

6 Federal-aid highways or highway planning, re7 search, or development’’ and inserting ‘‘the Fed8 eral-aid highway program’’.

9 (B) Section 104(m)(1) of title 23, United

10 States Code (as redesignated by section

11 1113(c)(1)), is amended by striking ‘‘Federal-aid

12 highways and the highway safety construction

13 programs’’ and inserting ‘‘the Federal-aid high14 way program’’.

15 (C) Section 107(b) of title 23, United States

16 Code, is amended in the second sentence by strik17 ing ‘‘Federal-aid highways’’ and inserting ‘‘the

18 Federal-aid highway program’’.

19 (b) ALPHABETIZATION OF DEFINITIONS.—Section

20 101(a) of title 23, United States Code, is amended by reor21 dering the undesignated paragraphs so that they are in al22 phabetical order.
113

S 1173 OPS

1 SEC. 1115. COOPERATIVE FEDERAL LANDS TRANSPOR2 TATION PROGRAM.

3 (a) IN GENERAL.—Chapter 2 of title 23, United States

4 Code (as amended by section 1107(a)), is amended by in5 serting after section 206 the following:

6 ‘‘§ 207. Cooperative Federal Lands Transportation

7 Program

8 ‘‘(a) IN GENERAL.—There is established the Coopera9 tive Federal Lands Transportation Program (referred to in

10 this section as the ‘program’). Funds available for the pro11 gram under subsection (e) may be used for projects, or por12 tions of projects, on highways that are owned or maintained

13 by States or political subdivisions of States and that cross,

14 are adjacent to, or lead to federally owned land or Indian

15 reservations (including Army Corps of Engineers res16 ervoirs), as determined by the State. Such projects shall be

17 proposed by a State and selected by the Secretary. A project

18 proposed by a State under this section shall be on a high19 way or bridge owned or maintained by the State, or 1 or

20 more political subdivisions of the State, and may be a high21 way or bridge construction or maintenance project eligible

22 under this title or any project of a type described in section

23 204(h).

24 ‘‘(b) DISTRIBUTION OF FUNDS FOR PROJECTS.—

25 ‘‘(1) IN GENERAL.—

26 ‘‘(A) IN GENERAL.—The Secretary—
114

S 1173 OPS

1 ‘‘(i) after consultation with the Admin2 istrator of General Services, the Secretary of

3 the Interior, and other agencies as appro4 priate (including the Army Corps of Engi5 neers), shall determine the percentage of the

6 total land in each State that is owned by

7 the Federal Government or that is held by

8 the Federal Government in trust;

9 ‘‘(ii) shall determine the sum of the

10 percentages determined under clause (i) for

11 States with respect to which the percentage

12 is 4.5 or greater; and

13 ‘‘(iii) shall determine for each State

14 included in the determination under clause

15 (ii) the percentage obtained by dividing—

16 ‘‘(I) the percentage for the State

17 determined under clause (i); by

18 ‘‘(II) the sum determined under

19 clause (ii).

20 ‘‘(B) ADJUSTMENT.—The Secretary shall—

21 ‘‘(i) reduce any percentage determined

22 under subparagraph (A)(iii) that is greater

23 than 7.5 percent to 7.5 percent; and

24 ‘‘(ii) redistribute the percentage points

25 equal to any reduction under clause (i)
115

S 1173 OPS

1 among other States included in the deter2 mination under subparagraph (A)(ii) in

3 proportion to the percentages for those

4 States determined under subparagraph

5 (A)(iii).

6 ‘‘(2) AVAILABILITY TO STATES.—Except as pro7 vided in paragraph (3), for each fiscal year, the Sec8 retary shall make funds available to carry out eligible

9 projects in a State in an amount equal to the amount

10 obtained by multiplying—

11 ‘‘(A) the percentage for the State, if any, de12 termined under paragraph (1); by

13 ‘‘(B) the funds made available for the pro14 gram under subsection (e) for the fiscal year.

15 ‘‘(3) SELECTION OF PROJECTS.—The Secretary

16 may establish deadlines for States to submit proposed

17 projects for funding under this section, except that in

18 the case of fiscal year 1998 the deadline may not be

19 earlier than January 1, 1998. For each fiscal year,

20 if a State does not have pending, by that deadline,

21 applications for projects with an estimated cost equal

22 to at least 3 times the amount for the State deter23 mined under paragraph (2), the Secretary may dis24 tribute, to 1 or more other States, at the Secretary’s

discretion, 1 25 ⁄3 of the amount by which the estimated
116

S 1173 OPS

1 cost of the State’s applications is less than 3 times the

2 amount for the State determined under paragraph

3 (2).

4 ‘‘(c) TRANSFERS.—

5 ‘‘(1) IN GENERAL.—Subject to subsection (f), not6 withstanding any other provision of law, a State and

7 the Secretary may agree to transfer amounts made

8 available to a State under this section to the alloca9 tions of the State under section 202 for use in carry10 ing out projects on any Federal lands highway that

11 is located in the State.

12 ‘‘(2) SPECIAL RULE.—This paragraph applies to

13 a State that contains a national park that was vis14 ited by more than 2,500,000 people in 1996 and com15 prises more than 3,000 square miles of land area, in16 cluding surface water, that is located in the State.

17 For such a State, 50 percent of the amount that

18 would otherwise be made available to the State for

19 each fiscal year under the program under subsection

20 (e) shall be made available only for eligible highway

21 uses in the national park and within the borders of

22 the State. For the purpose of making allocations

23 under section 202(c), the Secretary may not take into

24 account the past or future availability, for use on

25 park roads and parkways in a national park, of
117

S 1173 OPS

1 funds made available for use in a national park by

2 this paragraph.

3 ‘‘(d) RIGHTS-OF-WAY ACROSS FEDERAL LAND.—Noth4 ing in this section affects any claim for a right-of-way

5 across Federal land.

6 ‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—

7 ‘‘(1) IN GENERAL.—There shall be available from

8 the Highway Trust Fund (other than the Mass Tran9 sit Account) to carry out this section (other than sub10 section (f)) $74,000,000 for each of fiscal years 1998

11 through 2003.

12 ‘‘(2) CONTRACT AUTHORITY.—Funds authorized

13 under this subsection shall be available for obligation

14 in the same manner as if the funds were apportioned

15 under chapter 1.

16 ‘‘(f) ADDITIONAL AUTHORIZATION OF CONTRACT AU17 THORITY FOR STATES WITH INDIAN RESERVATIONS.—

18 ‘‘(1) AVAILABILITY TO STATES.—Not later than

19 October 1 of each fiscal year, funds made available

20 under paragraph (5) for the fiscal year shall be made

21 available by the Secretary, in equal amounts, to each

22 State that has within the boundaries of the State all

23 or part of an Indian reservation having a land area

24 of 10,000,000 acres or more.

25 ‘‘(2) AVAILABILITY TO ELIGIBLE COUNTIES.—
118

S 1173 OPS

1 ‘‘(A) IN GENERAL.—Each fiscal year, each

2 county that is located in a State to which funds

3 are made available under paragraph (1), and

4 that has in the county a public road described in

5 subparagraph (B), shall be eligible to apply to

6 the State for all or a portion of the funds made

7 available to the State under this subsection to be

8 used by the county to maintain such roads.

9 ‘‘(B) ROADS.—A public road referred to in

10 subparagraph (A) is a public road that—

11 ‘‘(i) is within, adjacent to, or provides

12 access to an Indian reservation described in

13 paragraph (1);

14 ‘‘(ii) is used by a school bus to trans15 port children to or from a school or Head16 start program carried out under the Head

17 Start Act (42 U.S.C. 9831 et seq.); and

18 ‘‘(iii) is maintained by the county in

19 which the public road is located.

20 ‘‘(C) ALLOCATION AMONG ELIGIBLE COUN21 TIES.—

22 ‘‘(i) IN GENERAL.—Except as provided

23 in clause (ii), each State that receives funds

24 under paragraph (1) shall provide directly

25 to each county that applies for funds the
119

S 1173 OPS

1 amount that the county requests in the ap2 plication.

3 ‘‘(ii) ALLOCATION AMONG ELIGIBLE

4 COUNTIES.—If the total amount of funds

5 applied for under this subsection by eligible

6 counties in a State exceeds the amount of

7 funds available to the State, the State shall

8 equitably allocate the funds among the eligi9 ble counties that apply for funds.

10 ‘‘(3) SUPPLEMENTARY FUNDING.—For each fiscal

11 year, the Secretary shall ensure that funding made

12 available under this subsection supplements (and does

13 not supplant)—

14 ‘‘(A) any obligation of funds by the Bureau

15 of Indian Affairs for road maintenance pro16 grams on Indian reservations; and

17 ‘‘(B) any funding provided by a State to a

18 county for road maintenance programs in the

19 county.

20 ‘‘(4) USE OF UNALLOCATED FUNDS.—Any por21 tion of the funds made available to a State under this

22 subsection that is not made available to counties

23 within 1 year after the funds are made available to

24 the State shall be apportioned among the States in

25 accordance with section 104(b).
120

S 1173 OPS

1 ‘‘(5) SET-ASIDE.—For each of fiscal years 1998

2 through 2003, the Secretary shall set aside $1,500,000

3 from amounts made available under section 541(a) of

4 title 23, United States Code.’’.

5 (b) CONFORMING AMENDMENT.—The analysis for

6 chapter 2 of title 23, United States Code, is amended by

7 striking the item relating to section 207 and inserting the

8 following:

‘‘207. Cooperative Federal Lands Transportation Program.’’.

9 SEC. 1116. TRADE CORRIDOR AND BORDER CROSSING

10 PLANNING AND BORDER INFRASTRUCTURE.

11 (a) DEFINITIONS.—In this section:

12 (1) AFFECTED PORT OF ENTRY.—The term ‘‘af13 fected port of entry’’ means a seaport or airport in

14 any State that demonstrates that the transportation

15 of cargo by rail or motor carrier through the seaport

16 or airport has increased significantly since the date

17 of enactment of the North American Free Trade

18 Agreement Implementation Act (Public Law 103–

19 182).

20 (2) BORDER STATE.—The term ‘‘border State’’

21 means a State of the United States that—

22 (A) is located along the border with Mexico;

23 or

24 (B) is located along the border with Can25 ada.
121

S 1173 OPS

1 (3) BORDER STATION.—The term ‘‘border sta2 tion’’ means a controlled port of entry into the United

3 States located in the United States at the border with

4 Mexico or Canada, consisting of land occupied by the

5 station and the buildings, roadways, and parking lots

6 on the land.

7 (4) FEDERAL INSPECTION AGENCY.—The term

8 ‘‘Federal inspection agency’’ means a Federal agency

9 responsible for the enforcement of immigration laws

10 (including regulations), customs laws (including regu11 lations), and agriculture import restrictions, includ12 ing the United States Customs Service, the Immigra13 tion and Naturalization Service, the Animal and

14 Plant Health Inspection Service, the Food and Drug

15 Administration, the United States Fish and Wildlife

16 Service, and the Department of State.

17 (5) GATEWAY.—The term ‘‘gateway’’ means a

18 grouping of border stations defined by proximity and

19 similarity of trade.

20 (6) NON-FEDERAL GOVERNMENTAL JURISDIC21 TION.—The term ‘‘non-Federal governmental jurisdic22 tion’’ means a regional, State, or local authority in23 volved in the planning, development, provision, or

24 funding of transportation infrastructure needs.
122

S 1173 OPS

1 (b) BORDER CROSSING PLANNING INCENTIVE

2 GRANTS.—

3 (1) IN GENERAL.—The Secretary shall make in4 centive grants to States and to metropolitan planning

5 organizations designated under section 134 of title 23,

6 United States Code.

7 (2) USE OF GRANTS.—The grants shall be used

8 to encourage joint transportation planning activities

9 and to improve people and vehicle movement into and

10 through international gateways as a supplement to

11 statewide and metropolitan transportation planning

12 funding made available under other provisions of this

13 Act and under title 23, United States Code.

14 (3) CONDITION OF GRANTS.—As a condition of

15 receiving a grant under paragraph (1), a State trans16 portation department or a metropolitan planning or17 ganization shall certify to the Secretary that it com18 mits to be engaged in joint planning with its counter19 part agency in Mexico or Canada.

20 (4) LIMITATION ON AMOUNT.—Each State trans21 portation department or metropolitan planning orga22 nization may receive not more than $100,000 under

23 this subsection for any fiscal year.

24 (5) AUTHORIZATION OF CONTRACT AUTHOR25 ITY.—
123

S 1173 OPS

1 (A) IN GENERAL.—There shall be available

2 from the Highway Trust Fund (other than the

3 Mass Transit Account) to carry out this sub4 section $1,400,000 for each of fiscal years 1998

5 through 2003.

6 (B) CONTRACT AUTHORITY.—Funds author7 ized under this subsection shall be available for

8 obligation in the same manner as if the funds

9 were apportioned under chapter 1 of title 23,

10 United States Code, except that the Federal share

11 of the cost of a project under this subsection shall

12 be determined in accordance with subsection (f).

13 (c) TRADE CORRIDOR PLANNING INCENTIVE

14 GRANTS.—

15 (1) GRANTS.—

16 (A) IN GENERAL.—The Secretary shall

17 make grants to States to encourage, within the

18 framework of the statewide transportation plan19 ning process of the State under section 135 of

20 title 23, United States Code, cooperative

21 multistate corridor analysis of, and planning

22 for, the safe and efficient movement of goods

23 along and within international or interstate

24 trade corridors of national importance and

25 through affected ports of entry.
124

S 1173 OPS

1 (B) IDENTIFICATION OF CORRIDORS.—Each

2 corridor and affected port of entry referred to in

3 subparagraph (A) shall be cooperatively identi4 fied by the States along the corridor or by the

5 State in which the affected port of entry is lo6 cated.

7 (2) CORRIDOR PLANS.—

8 (A) IN GENERAL.—As a condition of receiv9 ing a grant under paragraph (1), a State shall

10 enter into an agreement with the Secretary that

11 specifies that, not later than 2 years after receipt

12 of the grant—

13 (i) in cooperation with the other States

14 along the corridor, the State will submit a

15 plan for corridor improvements to the Sec16 retary; or

17 (ii) the State will submit a plan for af18 fected port of entry improvements to the

19 Secretary.

20 (B) COORDINATION OF PLANNING.—Plan21 ning with respect to a corridor under this sub22 section shall be coordinated with transportation

23 planning being carried out by the States and

24 metropolitan planning organizations along the

25 corridor and, to the extent appropriate, with
125

S 1173 OPS

1 transportation planning being carried out by

2 Federal land management agencies, by tribal

3 governments, or by government agencies in Mex4 ico or Canada.

5 (3) MULTISTATE AGREEMENTS FOR TRADE COR6 RIDOR PLANNING.—The consent of Congress is granted

7 to any 2 or more States—

8 (A) to enter into multistate agreements, not

9 in conflict with any law of the United States, for

10 cooperative efforts and mutual assistance in sup11 port of interstate trade corridor planning activi12 ties; and

13 (B) to establish such agencies, joint or oth14 erwise, as the States may determine desirable to

15 make the agreements effective.

16 (4) AUTHORIZATION OF CONTRACT AUTHOR17 ITY.—

18 (A) IN GENERAL.—There shall be available

19 from the Highway Trust Fund (other than the

20 Mass Transit Account) to carry out this sub21 section $3,000,000 for each of fiscal years 1998

22 through 2003.

23 (B) CONTRACT AUTHORITY.—Funds author24 ized under this subsection shall be available for

25 obligation in the same manner as if the funds
126

S 1173 OPS

1 were apportioned under chapter 1 of title 23,

2 United States Code, except that the Federal share

3 of the cost of a project under this subsection shall

4 be determined in accordance with subsection (f).

5 (d) FEDERAL ASSISTANCE FOR TRADE CORRIDORS

6 AND BORDER INFRASTRUCTURE SAFETY AND CONGESTION

7 RELIEF.—

8 (1) APPLICATIONS FOR GRANTS.—The Secretary

9 shall make grants to States or metropolitan planning

10 organizations that submit an application that—

11 (A) demonstrates need for assistance in car12 rying out transportation projects that are nec13 essary to relieve traffic congestion or improve en14 forcement of motor carrier safety laws;

15 (B) includes strategies to involve both the

16 public and private sectors in the proposed

17 project;

18 (C) provides for the safe and efficient move19 ment of goods along and within international or

20 interstate trade corridors; and

21 (D) provides for the continued planning

22 and development of trade corridors.

23 (2) SELECTION OF STATES, METROPOLITAN

24 PLANNING ORGANIZATIONS, AND PROJECTS TO RE25 CEIVE GRANTS.—Notwithstanding any other provision
127

S 1173 OPS

1 of this Act, in selecting States, metropolitan planning

2 organizations, and projects to receive grants under

3 this subsection, the Secretary shall consider—

4 (A) the extent to which the annual volume

5 of commercial vehicle traffic at the border sta6 tions or ports of entry of each State—

7 (i) has increased since the date of en8 actment of the North American Free Trade

9 Agreement Implementation Act (Public Law

10 103–182); and

11 (ii) is projected to increase in the fu12 ture;

13 (B) the extent to which commercial vehicle

14 traffic in each State—

15 (i) has increased since the date of en16 actment of the North American Free Trade

17 Agreement Implementation Act (Public Law

18 103–182); and

19 (ii) is projected to increase in the fu20 ture;

21 (C) the extent of border and affected port of

22 entry or ports of entry transportation improve23 ments carried out by each State since the date of

24 enactment of the North American Free Trade
128

S 1173 OPS

1 Agreement Implementation Act (Public Law

2 103–182);

3 (D) the extent to which international truck4 borne commodities move through each State;

5 (E) the reduction in commercial and other

6 travel time through a major international gate7 way or affected port of entry expected as a result

8 of the proposed project including the level of traf9 fic delays at at-grade highway crossings of major

10 rail lines in trade corridors;

11 (F) the extent of leveraging of Federal funds

12 provided under this subsection, including—

13 (i) use of innovative financing;

14 (ii) combination with funding pro15 vided under other sections of this Act and

16 title 23, United States Code; and

17 (iii) combination with other sources of

18 Federal, State, local, or private funding in19 cluding State, local, and private matching

20 funds;

21 (G) improvements in vehicle and highway

22 safety and cargo security in and through the

23 gateway or affected port of entry concerned;

24 (H) the degree of demonstrated coordination

25 with Federal inspection agencies;
129

S 1173 OPS

1 (I) the extent to which the innovative and

2 problem solving techniques of the proposed

3 project would be applicable to other border sta4 tions or ports of entry;

5 (J) demonstrated local commitment to im6 plement and sustain continuing comprehensive

7 border or affected port of entry planning proc8 esses and improvement programs; and

9 (K) the value of the cargo carried by com10 mercial vehicle traffic, to the extent that the

11 value of the cargo and congestion impose eco12 nomic costs on the Nation’s economy.

13 (3) USE OF GRANTS.—

14 (A) IN GENERAL.—A grant under this sub15 section shall be used to develop project plans,

16 and implement coordinated and comprehensive

17 programs of projects, to improve efficiency and

18 safety.

19 (B) TYPE OF PLANS AND PROGRAMS.—The

20 plans and programs may include—

21 (i) improvements to transport and

22 supporting infrastructure;

23 (ii) improvements in operational strat24 egies, including electronic data interchange

25 and use of telecommunications to expedite
130

S 1173 OPS

1 vehicle and cargo movement including the

2 deployment of technologies to detect and

3 deter illegal narcotic smuggling;

4 (iii) modifications to regulatory proce5 dures to expedite vehicle and cargo flow;

6 (iv) new infrastructure construction;

7 (v) purchase, installation, and mainte8 nance of weigh-in-motion devices and asso9 ciated electronic equipment in Mexico or

10 Canada if real time data from the devices

11 is provided to the nearest border station

12 and to State commercial vehicle enforcement

13 facilities that serve the border station; and

14 (vi) other institutional improvements,

15 such as coordination of binational plan16 ning, programming, and border operation,

17 with special emphasis on coordination

18 with—

19 (I) Federal inspection agencies;

20 and

21 (II) their counterpart agencies in

22 Mexico and Canada.

23 (4) CONSTRUCTION OF TRANSPORTATION INFRA24 STRUCTURE FOR LAW ENFORCEMENT PURPOSES.—At

25 the request of the Administrator of General Services,
131

S 1173 OPS

1 in consultation with the Attorney General, the Sec2 retary may transfer, during the period of fiscal years

3 1998 through 2001, not more than $10,000,000 of the

4 amounts made available under paragraph (5) to the

5 Administrator of General Services for the construction

6 of transportation infrastructure necessary for law en7 forcement in border States.

8 (5) AUTHORIZATION OF APPROPRIATIONS.—

9 There is authorized to be appropriated to carry out

10 this subsection $125,000,000 for each of fiscal years

11 1998 through 2003.

12 (e) COORDINATION OF PLANNING.—

13 (1) PLANNING AND DEVELOPMENT OF BORDER

14 STATIONS.—The General Services Administration

15 shall be the coordinating Federal agency in the plan16 ning and development of new or expanded border sta17 tions.

18 (2) COOPERATIVE ACTIVITIES.—In carrying out

19 paragraph (1), the Administrator of General Services

20 shall cooperate with Federal inspection agencies and

21 non-Federal governmental jurisdictions to ensure

22 that—

23 (A) improvements to border station facili24 ties take into account regional and local condi-
132

S 1173 OPS

1 tions, including the alignment of highway sys2 tems and connecting roadways; and

3 (B) all facility requirements, associated

4 costs, and economic impacts are identified.

5 (f) COST SHARING.—A grant under this section shall

6 be used to pay the Federal share of the cost of a project.

7 The Federal share shall not exceed 80 percent.

8 (g) USE OF UNALLOCATED FUNDS.—If the total

9 amount of funds made available from the Highway Trust

10 Fund under this section but not allocated exceeds

11 $4,000,000 as of September 30 of any year, the excess

12 amount—

13 (1) shall be apportioned in the following fiscal

14 year by the Secretary to all States in accordance with

15 section 104(b)(3) of title 23, United States Code;

16 (2) shall be considered to be a sum made avail17 able for expenditure on the surface transportation

18 program, except that the amount shall not be subject

19 to section 133(d) of that title; and

20 (3) shall be available for any purpose eligible for

21 funding under section 133 of that title.

22 SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

23 (a) AVAILABILITY, RELEASE, AND REALLOCATION OF

24 FUNDS.—Section 201(a) of the Appalachian Regional De25 velopment Act of 1965 (40 U.S.C. App.) is amended—
133

S 1173 OPS

1 (1) in the second sentence, by inserting before the

2 period at the end the following: ‘‘, except that each al3 location to a State shall remain available for expendi4 ture in the State for the fiscal year in which the allo5 cation is allocated and for the 3 following fiscal

6 years’’; and

7 (2) by inserting after the second sentence the fol8 lowing: ‘‘Funds authorized under this section for fis9 cal year 1998 or a fiscal year thereafter, and not ex10 pended by a State during the 4 fiscal years referred

11 to in the preceding sentence, shall be released to the

12 Commission for reallocation and shall remain avail13 able until expended.’’.

14 (b) SUBSTITUTE CORRIDOR.—Section 201(b) of the

15 Appalachian Regional Development Act of 1965 (40 U.S.C.

16 App.) is amended—

17 (1) by redesignating paragraphs (1) through (4)

18 as subparagraphs (A) through (D), respectively;

19 (2) by striking ‘‘(b) The Commission’’ and in20 serting the following:

21 ‘‘(b) DESIGNATIONS.—

22 ‘‘(1) IN GENERAL.—The Commission’’; and

23 (3) by adding at the end the following:

24 ‘‘(2) SUBSTITUTE CORRIDOR.—In lieu of Cor25 ridor H in Virginia, the Appalachian development
134

S 1173 OPS

1 highway system shall include the Virginia portion of

2 the segment identified in section 1105(c)(29) of the

3 Intermodal Surface Transportation Efficiency Act of

4 1991 (109 Stat. 597).’’.

5 (c) FEDERAL SHARE FOR PREFINANCED PROJECTS.—

6 Section 201(h)(1) of the Appalachian Regional Develop7 ment Act of 1965 (40 U.S.C. App.) is amended by striking

8 ‘‘70 per centum’’ and inserting ‘‘80 percent’’.

9 (d) AUTHORIZATION OF CONTRACT AUTHORITY.—Sec10 tion 201 of the Appalachian Regional Development Act of

11 1965 (40 U.S.C. App.) is amended by striking subsection

12 (g) and inserting the following:

13 ‘‘(g) AUTHORIZATION OF CONTRACT AUTHORITY.—

14 ‘‘(1) IN GENERAL.—

15 ‘‘(A) FISCAL YEARS 1998 THROUGH 2003.—

16 For the continued construction of the Appalach17 ian development highway system approved as of

18 September 30, 1996, in accordance with this sec19 tion, there shall be available from the Highway

20 Trust Fund (other than the Mass Transit Ac21 count) $40,000,000 for each of fiscal years 1998

22 through 2000, $50,000,000 for fiscal year 2001,

23 $60,000,000 for fiscal year 2002, and

24 $70,000,000 for fiscal year 2003.
135

S 1173 OPS

1 ‘‘(B) OBLIGATION AUTHORITY.—The Sec2 retary shall provide equivalent amounts of obli3 gation authority for the funds authorized under

4 subparagraph (A).

5 ‘‘(2) CONTRACT AUTHORITY.—Funds authorized

6 under this subsection shall be available for obligation

7 in the same manner as if the funds were apportioned

8 under chapter 1 of title 23, United States Code, except

9 that the Federal share shall be determined in accord10 ance with this section and the funds shall remain

11 available in accordance with subsection (a).’’.

12 SEC. 1118. INTERSTATE 4R AND BRIDGE DISCRETIONARY

13 PROGRAM.

14 (a) IN GENERAL.—Section 104 of title 23, United

15 States Code (as amended by section 1113(c)(1)), is amended

16 by inserting after subsection (j) the following:

17 ‘‘(k) SET-ASIDE FOR INTERSTATE 4R AND BRIDGE

18 PROJECTS.—

19 ‘‘(1) IN GENERAL.—For each of fiscal years 1998

20 through 2003, before any apportionment is made

21 under subsection (b)(1), the Secretary shall set aside

22 $70,000,000 from amounts to be apportioned under

23 subsection (b)(1)(A), and $70,000,000 from amounts

24 to be apportioned under subsection (b)(1)(B), for allo25 cation by the Secretary—
136

S 1173 OPS

1 ‘‘(A) for projects for resurfacing, restoring,

2 rehabilitating, or reconstructing any route or

3 portion of a route on the Interstate System

4 (other than any highway designated as a part of

5 the Interstate System under section 103(c)(4)

6 and any toll road on the Interstate System that

7 is not subject to an agreement under section

8 119(e) (as in effect on December 17, 1991) or an

9 agreement under section 129(a));

10 ‘‘(B) for projects for a highway bridge the

11 replacement, rehabilitation, or seismic retrofit

12 cost of which is more than $10,000,000; and

13 ‘‘(C) for projects for a highway bridge the

14 replacement, rehabilitation, or seismic retrofit

15 cost of which is less than $10,000,000 if the cost

16 is at least twice the amount reserved under sec17 tion 144(c) by the State in which the bridge is

18 located for the fiscal year in which application

19 is made for an allocation for the bridge under

20 this subsection.

21 ‘‘(2) REQUIRED ALLOCATION.—

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graph (B), for each of fiscal years 1998 through

24 2003, the Secretary shall allocate on October 1,

25 for use for highway bridge projects—
137

S 1173 OPS

1 ‘‘(i) at least $20,000,000 of the

2 amounts set aside under paragraph (1) to

3 any State that—

4 ‘‘(I) is apportioned for fiscal year

5 1998 under paragraphs (1)(B),

6 (1)(C)(i)(III), and (3)(A)(iii) of sub7 section (b) an amount that is less than

8 the amount apportioned to the State

9 for the highway bridge replacement

10 and rehabilitation program under sec11 tion 144 for fiscal year 1997; and

12 ‘‘(II) was apportioned for that

13 program for fiscal year 1997 an

14 amount greater than $125,000,000;

15 and

16 ‘‘(ii) at least $15,000,000 of the

17 amounts set aside under paragraph (1) to

18 any State with respect to which the average

19 service life of the bridges in the State ex20 ceeds 46 years as of the date of enactment

21 of the Intermodal Surface Transportation

22 Efficiency Act of 1998.

23 ‘‘(B) EXCEPTION.—A State that transferred

24 funds from the highway bridge replacement and

25 rehabilitation program during any of fiscal
138

S 1173 OPS

1 years 1995 through 1997 in an amount greater

2 than 10 percent of the apportionments for that

3 program for the fiscal year shall not be eligible

4 for an allocation under subparagraph (A)(i).

5 ‘‘(C) ADDITIONAL ALLOCATION.—An alloca6 tion to a State under subparagraph (A) shall be

7 in addition to any allocation to the State under

8 paragraph (1).

9 ‘‘(3) AVAILABILITY TO STATES OF INTERSTATE

10 4R FUNDS.—The Secretary may grant the application

11 of a State for funds made available for a fiscal year

12 for a project described in paragraph (1)(A) if the Sec13 retary determines that—

14 ‘‘(A) the State has obligated or demonstrates

15 that it will obligate for the fiscal year all of the

16 apportionments to the State under subpara17 graphs (A) and (B) of subsection (b)(1) other

18 than an amount that, by itself, is insufficient to

19 pay the Federal share of the cost of a project de20 scribed in paragraph (1)(A) that has been sub21 mitted by the State to the Secretary for ap22 proval; and

23 ‘‘(B) the State is willing and able to—
139

S 1173 OPS

1 ‘‘(i) obligate the funds within 1 year

2 after the date on which the funds are made

3 available;

4 ‘‘(ii) apply the funds to a project that

5 is ready to be commenced; and

6 ‘‘(iii) in the case of construction work,

7 begin work within 90 days after the date of

8 obligation of the funds.

9 ‘‘(4) ELIGIBILITY OF CERTAIN BRIDGES.—

10 ‘‘(A) IN GENERAL.—Notwithstanding any

11 other provision of law, any bridge that is owned

12 and operated by an agency that does not have

13 taxing powers and whose functions include oper14 ating a federally assisted public transit system

15 subsidized by toll revenues shall be eligible for as16 sistance under this subsection.

17 ‘‘(B) LIMITATION.—The amount of assist18 ance under subparagraph (A) shall not exceed

19 the cumulative amount that the agency has ex20 pended for capital and operating costs to sub21 sidize the transit system.

22 ‘‘(C) DETERMINATION BY THE SEC23 RETARY.—Before authorizing an expenditure of

24 funds under this paragraph, the Secretary shall

25 make a determination that the applicant agency
140

S 1173 OPS

1 has insufficient reserves, surpluses, and projected

2 revenues (over and above those required for

3 bridge and transit capital and operating costs)

4 to fund the necessary bridge replacement, seismic

5 retrofitting, or rehabilitation project.

6 ‘‘(D) CREDITING OF NON-FEDERAL

7 FUNDS.—Any non-Federal funds expended for

8 the seismic retrofit of the bridge may be credited

9 toward the non-Federal share required as a con10 dition of receipt of any Federal funds for seismic

11 retrofit of the bridge made available after the

12 date of expenditure.

13 ‘‘(5) REQUIRED ALLOCATION FOR CERTAIN

14 STATES.—

15 ‘‘(A) ALLOCATION.—For each of fiscal years

16 1998 through 2003, the Secretary shall allocate

17 on October 1, to States eligible under subpara18 graph (B), for use for projects described in para19 graph (1), $10,000,000 of the amounts set aside

20 under paragraph (1) from amounts to be appor21 tioned under subsection (b)(1)(A).

22 ‘‘(B) ELIGIBLE STATES.—A State shall be

23 eligible for an allocation under subparagraph

24 (A) for a fiscal year if—
141

S 1173 OPS

1 ‘‘(i) the State ranks among the lowest

2 10 percent of States in a ranking of States

3 by per capita personal income;

4 ‘‘(ii) for the State, the ratio that—

5 ‘‘(I) the State’s estimated percent6 age of total Federal-aid highway pro7 gram apportionments for the period of

8 fiscal years 1998 through 2003 under

9 this title; bears to

10 ‘‘(II) the percentage of estimated

11 total tax receipts attributable to high12 way users in the State paid into the

13 Highway Trust Fund (other than the

14 Mass Transit Account) for the period

15 of fiscal years 1998 through 2003;

16 is less than 1.00, as of the date of enactment

17 of this subsection; and

18 ‘‘(iii)(I) the State’s estimated percent19 age of total Federal-aid highway program

20 apportionments for the period of fiscal years

21 1998 through 2003 under this title, as of the

22 date of enactment of this subsection; is less

23 than

24 ‘‘(II) the State’s percentage of total

25 Federal-aid highway program apportion-
142

S 1173 OPS

1 ments and Federal lands highways program

2 allocations under the Intermodal Surface

3 Transportation Efficiency Act of 1991 (105

4 Stat. 1914), and allocations under sections

5 1103 through 1108 of that Act, for the pe6 riod of fiscal years 1992 through 1997.

7 ‘‘(C) ADDITIONAL ALLOCATION.—An alloca8 tion to a State under subparagraph (A) shall be

9 in addition to any allocation to the State under

10 paragraph (1).

11 ‘‘(6) PERIOD OF AVAILABILITY OF DISCRE12 TIONARY FUNDS.—Amounts made available under

13 this subsection shall remain available until ex14 pended.’’.

15 (b) CONFORMING AMENDMENT.—Section 118 of title

16 23, United States Code, is amended by striking subsection

17 (c).

18 SEC. 1119. MAGNETIC LEVITATION TRANSPORTATION TECH19 NOLOGY DEPLOYMENT PROGRAM.

20 (a) IN GENERAL.—Chapter 3 of title 23, United States

21 Code, is amended by inserting after section 321 the follow22 ing:

23 ‘‘§ 322. Magnetic levitation transportation technology

24 deployment program

25 ‘‘(a) DEFINITIONS.—In this section:
143

S 1173 OPS

1 ‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eli2 gible project costs’ means the capital cost of the fixed

3 guideway infrastructure of a MAGLEV project, in4 cluding land, piers, guideways, propulsion equipment

5 and other components attached to guideways, power

6 distribution facilities (including substations), control

7 and communications facilities, access roads, and stor8 age, repair, and maintenance facilities, but not in9 cluding costs incurred for a new station.

10 ‘‘(2) FULL PROJECT COSTS.—The term ‘full

11 project costs’ means the total capital costs of a

12 MAGLEV project, including eligible project costs and

13 the costs of stations, vehicles, and equipment.

14 ‘‘(3) MAGLEV.—The term ‘MAGLEV’ means

15 transportation systems employing magnetic levitation

16 that would be capable of safe use by the public at a

17 speed in excess of 240 miles per hour.

18 ‘‘(4) PARTNERSHIP POTENTIAL.—The term ‘part19 nership potential’ has the meaning given the term in

20 the commercial feasibility study of high-speed ground

21 transportation conducted under section 1036 of the

22 Intermodal Surface Transportation Efficiency Act of

23 1991 (Public Law 102–240; 105 Stat. 1978).

24 ‘‘(b) ASSISTANCE.—
144

S 1173 OPS

1 ‘‘(1) IN GENERAL.—The Secretary shall make

2 available financial assistance to provide the Federal

3 share of full project costs of eligible projects selected

4 under this section.

5 ‘‘(2) FEDERAL SHARE.—The Federal share of

6 full project costs under paragraph (1) shall be not

more than 2 7 ⁄3.

8 ‘‘(3) USE OF ASSISTANCE.—Financial assistance

9 provided under paragraph (1) shall be used only to

10 pay eligible project costs of projects selected under this

11 section.

12 ‘‘(c) SOLICITATION OF APPLICATIONS FOR ASSIST13 ANCE.—Not later than 180 days after the date of enactment

14 of the Intermodal Surface Transportation Efficiency Act of

15 1998, the Secretary shall solicit applications from States,

16 or authorities designated by 1 or more States, for financial

17 assistance authorized by subsection (b) for planning, design,

18 and construction of eligible MAGLEV projects.

19 ‘‘(d) PROJECT ELIGIBILITY.—To be eligible to receive

20 financial assistance under subsection (b), a project shall—

21 ‘‘(1) involve a segment or segments of a high22 speed ground transportation corridor that exhibit

23 partnership potential;

24 ‘‘(2) require an amount of Federal funds for

25 project financing that will not exceed the sum of—
145

S 1173 OPS

1 ‘‘(A) the amounts made available under

2 subsection (h)(1)(A); and

3 ‘‘(B) the amounts made available by States

4 under subsection (h)(4);

5 ‘‘(3) result in an operating transportation facil6 ity that provides a revenue producing service;

7 ‘‘(4) be undertaken through a public and private

partnership, with at least 1 8 ⁄3 of full project costs paid

9 using non-Federal funds;

10 ‘‘(5) satisfy applicable statewide and metropoli11 tan planning requirements;

12 ‘‘(6) be approved by the Secretary based on an

13 application submitted to the Secretary by a State or

14 authority designated by 1 or more States;

15 ‘‘(7) to the extent that non-United States

16 MAGLEV technology is used within the United

17 States, be carried out as a technology transfer project;

18 and

19 ‘‘(8) be carried out using materials at least 70

20 percent of which are manufactured in the United

21 States.

22 ‘‘(e) PROJECT SELECTION CRITERIA.—Prior to solicit23 ing applications, the Secretary shall establish criteria for

24 selecting which eligible projects under subsection (d) will
146

S 1173 OPS

1 receive financial assistance under subsection (b). The cri2 teria shall include the extent to which—

3 ‘‘(1) a project is nationally significant, includ4 ing the extent to which the project will demonstrate

5 the feasibility of deployment of MAGLEV technology

6 throughout the United States;

7 ‘‘(2) timely implementation of the project will

8 reduce congestion in other modes of transportation

9 and reduce the need for additional highway or airport

10 construction;

11 ‘‘(3) States, regions, and localities financially

12 contribute to the project;

13 ‘‘(4) implementation of the project will create

14 new jobs in traditional and emerging industries;

15 ‘‘(5) the project will augment MAGLEV networks

16 identified as having partnership potential;

17 ‘‘(6) financial assistance would foster public and

18 private partnerships for infrastructure development

19 and attract private debt or equity investment;

20 ‘‘(7) financial assistance would foster the timely

21 implementation of a project; and

22 ‘‘(8) life-cycle costs in design and engineering

23 are considered and enhanced.

24 ‘‘(f) PROJECT SELECTION.—
147

S 1173 OPS

1 ‘‘(1) PRE-CONSTRUCTION PLANNING ACTIVI2 TIES.—

3 ‘‘(A) Not later than 90 days after a dead4 line established by the Secretary for the receipt

5 of applications, the Secretary shall evaluate the

6 eligible projects in accordance with the selection

7 criteria and select one or more eligible projects to

8 receive financial assistance for pre-construction

9 planning activities, including—

10 ‘‘(i) preparation of feasibility studies,

11 major investment studies, and environ12 mental impact statements and assessments

13 as are required under State law;

14 ‘‘(ii) pricing of the final design, engi15 neering, and construction activities pro16 posed to be assisted under paragraph (2);

17 and

18 ‘‘(iii) such other activities as are nec19 essary to provide the Secretary with suffi20 cient information to evaluate whether a

21 project should receive financial assistance

22 for final design, engineering, and construc23 tion activities under paragraph (2).
148

S 1173 OPS

1 ‘‘(B) Notwithstanding subsection (a)(1) of

2 this section, eligible project costs shall include the

3 cost of pre-construction planning activities.

4 ‘‘(2) FINAL DESIGN, ENGINEERING, AND CON5 STRUCTION ACTIVITIES.—After completion of pre-con6 struction planning activities for all projects assisted

7 under paragraph (1), the Secretary shall select one of

8 the projects to receive financial assistance for final

9 design, engineering, and construction activities.

10 ‘‘(g) JOINT VENTURES.—A project undertaken by a

11 joint venture of United States and non-United States per12 sons (including a project involving the deployment of non13 United States MAGLEV technology in the United States)

14 shall be eligible for financial assistance under this section

15 if the project is eligible under subsection (d) and selected

16 under subsection (f).

17 ‘‘(h) FUNDING.—

18 ‘‘(1) IN GENERAL.—

19 ‘‘(A) AUTHORIZATION OF CONTRACT AU20 THORITY.—

21 ‘‘(i) IN GENERAL.—There shall be

22 available from the Highway Trust Fund

23 (other than the Mass Transit Account) to

24 carry out this section $10,000,000 for fiscal
149

S 1173 OPS

1 year 1999 and $20,000,000 for fiscal year

2 2000.

3 ‘‘(ii) CONTRACT AUTHORITY.—Funds

4 authorized under this subparagraph shall be

5 available for obligation in the same manner

6 as if the funds were apportioned under

7 chapter 1, except that—

8 ‘‘(I) the Federal share of the cost

9 of a project carried out under this sec10 tion shall be determined in accordance

11 with subsection (b); and

12 ‘‘(II) the availability of the funds

13 shall be determined in accordance with

14 paragraph (2).

15 ‘‘(B) AUTHORIZATION OF APPROPRIA16 TIONS.—

17 ‘‘(i) IN GENERAL.—There are author18 ized to be appropriated from the Highway

19 Trust Fund (other than the Mass Transit

20 Account) to carry out this section

21 $200,000,000 for each of fiscal years 2000

22 and 2001, $250,000,000 for fiscal year

23 2002, and $300,000,000 for fiscal year

24 2003.
150

S 1173 OPS

1 ‘‘(ii) AVAILABILITY.—Notwithstanding

2 section 118(a), funds made available under

3 clause (i) shall not be available in advance

4 of an annual appropriation.

5 ‘‘(2) AVAILABILITY OF FUNDS.—Funds made

6 available under paragraph (1) shall remain available

7 until expended.

8 ‘‘(3) OTHER FEDERAL FUNDS.—Notwithstanding

9 any other provision of law, funds made available to

10 a State to carry out the surface transportation pro11 gram under section 133 and the congestion mitigation

12 and air quality improvement program under section

13 149 may be used by the State to pay a portion of the

14 full project costs of an eligible project selected under

15 this section, without requirement for non-Federal

16 funds.

17 ‘‘(4) OTHER ASSISTANCE.—Notwithstanding any

18 other provision of law, an eligible project selected

19 under this section shall be eligible for other forms of

20 financial assistance provided under this title and the

21 Transportation Infrastructure Finance and Innova22 tion Act of 1998, including loans, loan guarantees,

23 and lines of credit.’’.
151

S 1173 OPS

1 (b) CONFORMING AMENDMENT.—The analysis for

2 chapter 3 of title 23, United States Code, is amended by

3 inserting after the item relating to section 321 the following:

‘‘322. Magnetic levitation transportation technology deployment program.’’.

4 SEC. 1120. WOODROW WILSON MEMORIAL BRIDGE.

5 (a) DEFINITIONS.—Section 404 of the Woodrow Wilson

6 Memorial Bridge Authority Act of 1995 (109 Stat. 628) is

7 amended—

8 (1) in paragraph (3), by striking ‘‘, including

9 approaches thereto’’; and

10 (2) in paragraph (5), by striking ‘‘to be deter11 mined under section 407. Such’’ and all that follows

12 and inserting the following: ‘‘as described in the

13 record of decision executed by the Secretary in com14 pliance with the National Environmental Policy Act

15 of 1969 (42 U.S.C. 4321 et seq.). The term includes

16 ongoing short-term rehabilitation and repairs to the

17 Bridge.’’.

18 (b) OWNERSHIP OF BRIDGE.—

19 (1) CONVEYANCE BY THE SECRETARY.—Section

20 407(a)(1) of the Woodrow Wilson Memorial Bridge

21 Authority Act of 1995 (109 Stat. 630) is amended by

22 inserting ‘‘or any Capital Region jurisdiction’’ after

23 ‘‘Authority’’ each place it appears.

24 (2) AGREEMENT.—Section 407 of the Woodrow

25 Wilson Memorial Bridge Authority Act of 1995 (109
152

S 1173 OPS

1 Stat. 630) is amended by striking subsection (c) and

2 inserting the following:

3 ‘‘(c) AGREEMENT.—

4 ‘‘(1) IN GENERAL.—The agreement referred to in

5 subsection (a) is an agreement concerning the Project

6 that is executed by the Secretary and the Authority

7 or any Capital Region jurisdiction that accepts own8 ership of the Bridge.

9 ‘‘(2) TERMS OF THE AGREEMENT.—The agree10 ment shall—

11 ‘‘(A) identify whether the Authority or a

12 Capital Region jurisdiction will accept owner13 ship of the Bridge;

14 ‘‘(B) contain a financial plan satisfactory

15 to the Secretary, which shall be prepared before

16 the execution of the agreement, that specifies—

17 ‘‘(i) the total cost of the Project, in18 cluding any cost-saving measures;

19 ‘‘(ii) a schedule for implementation of

20 the Project, including whether any expedited

21 design and construction techniques will be

22 used; and

23 ‘‘(iii) the sources of funding that will

24 be used to cover any costs of the Project not
153

S 1173 OPS

1 funded from funds made available under

2 section 412;

3 ‘‘(C) require that—

4 ‘‘(i)(I) the Project include not more

5 than 12 traffic lanes, of which 2 lanes shall

6 be exclusively for use by high occupancy ve7 hicles, express buses, or rail transit; and

8 ‘‘(II) the design, construction, and op9 eration of the Project reflect the require10 ments of subclause (I);

11 ‘‘(ii) all provisions described in the en12 vironmental impact statement for the

13 Project or the record of decision for the

14 Project (including in the attachments to the

15 statement and record) for mitigation of en16 vironmental and other impacts of the

17 Project be implemented; and

18 ‘‘(iii) the Authority and the Capital

19 Region jurisdictions develop a process to

20 fully integrate affected local governments,

21 on an ongoing basis, in the process of carry22 ing out the engineering, design, and con23 struction phases of the project, including

24 planning for implementing the provisions

25 described in clause (ii); and
154

S 1173 OPS

1 ‘‘(D) contain such other terms and condi2 tions as the Secretary determines to be appro3 priate.’’.

4 (c) FEDERAL CONTRIBUTION.—The Woodrow Wilson

5 Memorial Bridge Authority Act of 1995 (109 Stat. 627) is

6 amended by adding at the end the following:

7 ‘‘SEC. 412. FEDERAL CONTRIBUTION.

8 ‘‘(a) AUTHORIZATION OF CONTRACT AUTHORITY.—

9 ‘‘(1) IN GENERAL.—There shall be available from

10 the Highway Trust Fund (other than the Mass Tran11 sit Account) $100,000,000 for fiscal year 1998,

12 $100,000,000 for fiscal year 1999, $125,000,000 for

13 fiscal year 2000, $175,000,000 for fiscal year 2001,

14 $200,000,000 for fiscal year 2002, and $200,000,000

15 for fiscal year 2003, to pay the costs of planning, pre16 liminary engineering and design, final engineering,

17 acquisition of rights-of-way, and construction of the

18 Project, except that the costs associated with the

19 Bridge shall be given priority over other eligible costs,

20 other than design costs, of the Project.

21 ‘‘(2) CONTRACT AUTHORITY.—Funds authorized

22 under this section shall be available for obligation in

23 the same manner as if the funds were apportioned

24 under chapter 1 of title 23, United States Code, except

25 that—
155

S 1173 OPS

1 ‘‘(A) the funds shall remain available until

2 expended;

3 ‘‘(B) the Federal share of the cost of the

4 Bridge component of the Project shall not exceed

5 100 percent; and

6 ‘‘(C) the Federal share of the cost of any

7 other component of the Project shall not exceed

8 80 percent.

9 ‘‘(b) USE OF APPORTIONED FUNDS.—Nothing in this

10 title limits the authority of any Capital Region jurisdiction

11 to use funds apportioned to the jurisdiction under para12 graph (1) or (3) of section 104(b) of title 23, United States

13 Code, in accordance with the requirements for such funds,

14 to pay any costs of the Project.

15 ‘‘(c) AVAILABILITY OF APPORTIONED FUNDS.—None of

16 the funds made available under this section shall be avail17 able before the execution of the agreement described in sec18 tion 407(c), except that the Secretary may fund the mainte19 nance and rehabilitation of the Bridge and the design of

20 the Project.’’.

21 (d) CONFORMING AMENDMENT.—Section 405(b)(1) of

22 the Woodrow Wilson Memorial Bridge Authority Act of

23 1995 (109 Stat. 629) is amended by striking ‘‘the Signato24 ries as to the Federal share of the cost of the Project and
156

S 1173 OPS

1 the terms and conditions related to the timing of the trans2 fer of the Bridge to’’.

3 SEC. 1121. NATIONAL HIGHWAY SYSTEM COMPONENTS.

4 The National Highway System consists of the routes

5 and transportation facilities depicted on the map submitted

6 by the Secretary to Congress with the report entitled ‘‘Pull7 ing Together: The National Highway System and its Con8 nections to Major Intermodal Terminals’’ and dated May

9 24, 1996.

10 SEC. 1122. HIGHWAY BRIDGE REPLACEMENT AND REHABILI11 TATION.

12 (a) IN GENERAL.—Section 144 of title 23, United

13 States Code, is amended—

14 (1) in the section heading, by striking ‘‘pro15 gram’’;

16 (2) by striking subsections (a) through (n), (p),

17 and (q);

18 (3) by inserting after the section heading the fol19 lowing:

20 ‘‘(a) DEFINITION OF REHABILITATE.—In this section,

21 the term ‘rehabilitate’ (in any of its forms), with respect

22 to a bridge, means to carry out major work necessary—

23 ‘‘(1) to address the structural deficiencies, func24 tional obsolescence, or physical deterioration of the

25 bridge; or
157

S 1173 OPS

1 ‘‘(2) to correct a major safety defect of the bridge,

2 including seismic retrofitting.

3 ‘‘(b) BRIDGE INVENTORY.—

4 ‘‘(1) IN GENERAL.—In consultation with the

5 States, the Secretary shall—

6 ‘‘(A) annually inventory all highway

7 bridges on public roads that cross waterways,

8 other topographical barriers, other highways,

9 and railroads;

10 ‘‘(B) classify each such bridge according to

11 serviceability, safety, and essentiality for public

12 use; and

13 ‘‘(C) assign each such bridge a priority for

14 replacement or rehabilitation based on the classi15 fication under subparagraph (B).

16 ‘‘(2) CONSULTATION.—In preparing an inven17 tory of highway bridges on Indian reservation roads

18 and park roads under paragraph (1), the Secretary

19 shall consult with the Secretary of the Interior and

20 the States.

21 ‘‘(3) INVENTORY OF HISTORICAL BRIDGES.—At

22 the request of a State, the Secretary may inventory

23 highway bridges on public roads for historical signifi24 cance.
158

S 1173 OPS

1 ‘‘(c) CERTIFICATION BY THE STATE.—Not later than

2 180 days after the end of each fiscal year beginning with

3 fiscal year 1998, each State shall certify to the Secretary,

4 either that—

5 ‘‘(1) the State has reserved, from funds appor6 tioned to the State for the preceding fiscal year, to

7 carry out bridge projects eligible under sections

8 103(b)(5), 119, and 133(b), an amount that is not less

9 than the amount apportioned to the State under this

10 section for fiscal year 1997; or

11 ‘‘(2) the amount that the State will reserve, from

12 funds apportioned to the State for the period consist13 ing of fiscal years 1998 through 2001, to carry out

14 bridge projects eligible under sections 103(b)(5), 119,

15 and 133(b), will be not less than 4 times the amount

16 apportioned to the State under this section for fiscal

17 year 1997.

18 ‘‘(d) USE OF RESERVED FUNDS.—A State may use

19 funds reserved under subsection (c) to replace, rehabilitate,

20 reconstruct, seismically retrofit, paint, apply calcium mag21 nesium acetate to, apply sodium acetate/formate deicer to,

22 or install scour countermeasures on a highway bridge on

23 a public road that crosses a waterway, other topographical

24 barrier, other highway, or railroad.

25 ‘‘(e) OFF-SYSTEM BRIDGES.—
159

S 1173 OPS

1 ‘‘(1) REQUIRED EXPENDITURE.—For each fiscal

2 year, an amount equal to not less than 15 percent of

3 the amount apportioned to a State under this section

4 for fiscal year 1997 shall be expended by the State for

5 projects to replace, rehabilitate, reconstruct, seis6 mically retrofit, paint, apply calcium magnesium ac7 etate to, apply sodium acetate/formate deicer to, or

8 install scour countermeasures on highway bridges lo9 cated on public roads that are functionally classified

10 as local roads or rural minor collectors.

11 ‘‘(2) USE OF FUNDS TO MEET REQUIRED EX12 PENDITURE.—Funds reserved under subsection (c)

13 and funds made available under section 104(b)(1) for

14 the National Highway System or under section

15 104(b)(3) for the surface transportation program may

16 be used to meet the requirement for expenditure under

17 paragraph (1).

18 ‘‘(3) REDUCTION OF REQUIRED EXPENDITURE.—

19 After consultation with local and State officials in a

20 State, the Secretary may, with respect to the State,

21 reduce the requirement for expenditure under para22 graph (1) if the Secretary determines that the State

23 has inadequate needs to justify the expenditure.
160

S 1173 OPS

1 ‘‘(f) FEDERAL SHARE.—The Federal share of the cost

2 of a project under this section shall be as determined under

3 section 120(b).

4 ‘‘(g) BRIDGE PERMIT EXEMPTION.—

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

6 notwithstanding any other provision of law, the Gen7 eral Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall

8 apply to each bridge authorized to be replaced, in

9 whole or in part, under this section.

10 ‘‘(2) EXCEPTION.—Section 502(b) of the General

11 Bridge Act of 1946 (33 U.S.C. 525(b)) and section 9

12 of the Act of March 3, 1899 (30 Stat. 1151, chapter

13 425; 33 U.S.C. 401), shall not apply to any bridge

14 constructed, reconstructed, rehabilitated, or replaced

15 with assistance under this title if the bridge is over

16 waters that are—

17 ‘‘(A) not used and not susceptible to use in

18 their natural condition or by reasonable im19 provement as a means to transport interstate or

20 foreign commerce; and

21 ‘‘(B)(i) not tidal; or

22 ‘‘(ii) tidal but used only by recreational

23 boating, fishing, and other small vessels that are

24 less than 21 feet in length.

25 ‘‘(h) INDIAN RESERVATION ROAD BRIDGES.—
161

S 1173 OPS

1 ‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The Sec2 retary shall establish a nationwide priority program

3 for improving deficient Indian reservation road

4 bridges.

5 ‘‘(2) RESERVATION OF FUNDS.—

6 ‘‘(A) IN GENERAL.—Of the amounts author7 ized for Indian reservation roads for each fiscal

8 year, the Secretary, in cooperation with the Sec9 retary of the Interior, shall reserve not less than

10 $9,000,000 for projects to replace, rehabilitate,

11 seismically retrofit, paint, apply calcium magne12 sium acetate to, apply sodium acetate/formate

13 deicer to, or install scour countermeasures for de14 ficient Indian reservation road bridges, includ15 ing multiple-pipe culverts.

16 ‘‘(B) ELIGIBLE BRIDGES.—To be eligible to

17 receive funding under this subsection, a bridge

18 described in subparagraph (A) must—

19 ‘‘(i) have an opening of 20 feet or

20 more;

21 ‘‘(ii) be on an Indian reservation road;

22 ‘‘(iii) be unsafe because of structural

23 deficiencies, physical deterioration, or func24 tional obsolescence; and
162

S 1173 OPS

1 ‘‘(iv) be recorded in the national bridge

2 inventory administered by the Secretary

3 under subsection (b).

4 ‘‘(3) APPROVAL REQUIREMENT.—Funds to carry

5 out Indian reservation road bridge projects under this

6 subsection shall be made available only on approval

7 of plans, specifications, and estimates by the Sec8 retary.’’;

9 (4) by redesignating subsection (o) as subsection

10 (i); and

11 (5) in subsection (i) (as so redesignated)—

12 (A) in paragraph (1), by inserting ‘‘for al13 ternative transportation purposes (including

14 bikeway and walkway projects eligible for fund15 ing under this title)’’ after ‘‘adaptive reuse’’;

16 (B) in paragraph (3)—

17 (i) by inserting ‘‘(regardless of whether

18 the intended use is for motorized vehicular

19 traffic or for alternative public transpor20 tation purposes)’’ after ‘‘intended use’’; and

21 (ii) by inserting ‘‘or for alternative

22 public transportation purposes’’ after ‘‘no

23 longer used for motorized vehicular traffic’’;

24 and
163

S 1173 OPS

1 (C) in the second sentence of paragraph

2 (4)—

3 (i) by inserting ‘‘for motorized vehicles,

4 alternative vehicular traffic, or alternative

5 public transportation’’ after ‘‘historic

6 bridge’’; and

7 (ii) by striking ‘‘up to an amount not

8 to exceed the cost of demolition’’.

9 (b) CONFORMING AMENDMENT.—The analysis for

10 chapter 1 of title 23, United States Code, is amended by

11 striking the item relating to section 144 and inserting the

12 following:

‘‘144. Highway bridge replacement and rehabilitation.’’.

13 SEC. 1123. CONGESTION MITIGATION AND AIR QUALITY IM14 PROVEMENT PROGRAM.

15 (a) ESTABLISHED PROGRAM.—Section 149(a) of title

16 23, United States Code, is amended by striking ‘‘ESTAB17 LISHMENT.—The Secretary shall establish’’ and inserting

18 ‘‘IN GENERAL.—The Secretary shall carry out’’.

19 (b) ELIGIBLE PROJECTS.—Section 149(b) of title 23,

20 United States Code, is amended in the first sentence—

21 (1) by striking ‘‘that was designated as a non22 attainment area under section 107(d) of the Clean

23 Air Act (42 U.S.C. 7407(d)) during any part of fiscal

24 year 1994’’ and inserting ‘‘that is designated as a

25 nonattainment area under section 107(d) of the Clean
164

S 1173 OPS

1 Air Act (42 U.S.C. 7407(d)) and classified under sec2 tion 181(a) or 186(a) of the Clean Air Act (42 U.S.C.

3 7511(a), 7512(a)) or classified as a submarginal

4 ozone nonattainment area under that Act, or if the

5 project or program is for a maintenance area,’’;

6 (2) in paragraph (1)—

7 (A) in subparagraph (A), by striking

8 ‘‘clauses (xii) and’’ and inserting ‘‘clause’’; and

9 (B) in subparagraph (B), by striking ‘‘such

10 section’’ and inserting ‘‘section 108(f)(1)(A)

11 (other than clause (xvi)) of the Clean Air Act (42

12 U.S.C. 7408(f)(1)(A))’’;

13 (3) in paragraph (2), by inserting ‘‘or mainte14 nance’’ after ‘‘State implementation’’;

15 (4) in paragraph (3), by inserting ‘‘or mainte16 nance of the standard’’ after ‘‘standard’’; and

17 (5) in paragraph (4), by inserting ‘‘or mainte18 nance’’ after ‘‘attainment’’.

19 (c) STATES RECEIVING MINIMUM APPORTIONMENT.—

20 Section 149 of title 23, United States Code, is amended by

21 striking subsection (c) and inserting the following:

22 ‘‘(c) STATES RECEIVING MINIMUM APPORTION23 MENT.—

24 ‘‘(1) STATES WITHOUT A NONATTAINMENT

25 AREA.—If a State does not have, and never has had,
165

S 1173 OPS

1 a nonattainment area designated under the Clean Air

2 Act (42 U.S.C. 7401 et seq.), the State may use funds

3 apportioned to the State under section 104(b)(2) for

4 any project eligible under the surface transportation

5 program under section 133.

6 ‘‘(2) STATES WITH A NONATTAINMENT AREA.—If

7 a State has a nonattainment area or maintenance

8 area and receives funds under section 104(b)(2)(D)

9 above the amount of funds that the State would have

10 received based on its nonattainment and maintenance

11 area population under subparagraphs (B) and (C) of

12 section 104(b)(2), the State may use that portion of

13 the funds not based on its nonattainment and mainte14 nance area population under subparagraphs (B) and

15 (C) of section 104(b)(2) for any project in the State

16 eligible under section 133.’’.

17 (d) FEDERAL SHARE.—Section 120(c) of title 23,

18 United States Code, is amended in the first sentence by

19 striking ‘‘The’’ and inserting ‘‘Except in the case of a

20 project funded from sums apportioned under section

21 104(b)(2), the’’.

22 (e) CONFORMING AMENDMENTS.—

23 (1) Section 101(a) of title 23, United States

24 Code, is amended by inserting after the undesignated

25 paragraph defining ‘‘maintenance’’ the following:
166

S 1173 OPS

1 ‘‘The term ‘maintenance area’ means an area that was

2 designated as a nonattainment area, but was later redesig3 nated by the Administrator of the Environmental Protec4 tion Agency as an attainment area, under section 107(d)

5 of the Clean Air Act (42 U.S.C. 7407(d)).’’.

6 (2) Section 149(b)(1)(A)(ii) of title 23, United

7 States Code, is amended by striking ‘‘an area’’ and

8 all that follows and inserting ‘‘a maintenance area;

9 or’’.

10 SEC. 1124. SAFETY BELT USE LAW REQUIREMENTS.

11 Section 355 of the National Highway System Designa12 tion Act of 1995 (109 Stat. 624) is amended—

13 (1) in the section heading, by striking ‘‘AND

14 MAINE’’;

15 (2) in subsection (a)—

16 (A) by striking ‘‘States of New Hampshire

17 and Maine shall each’’ and inserting ‘‘State of

18 New Hampshire shall’’; and

19 (B) in paragraph (1), by striking ‘‘and

20 1996’’ and inserting ‘‘through 2000’’; and

21 (3) by striking ‘‘or Maine’’ each place it appears.

22 SEC. 1125. SENSE OF THE SENATE CONCERNING RELIANCE

23 ON PRIVATE ENTERPRISE.

24 (a) IN GENERAL.—It is the sense of the Senate that

25 each agency authorized to expend funds made available
167

S 1173 OPS

1 under this Act, or an amendment made by this Act, or a

2 recipient of any form of a grant or other Federal assistance

3 under this Act, or an amendment made by this Act—

4 (1) should, in expending the funds or assistance,

5 rely on entities in the private enterprise system to

6 provide such goods and services as are reasonably and

7 expeditiously available through ordinary business

8 channels; and

9 (2) shall not duplicate or compete with entities

10 in the private enterprise system.

11 (b) PROCEDURES.—The Secretary should provide pro12 cedures to inform each agency that administers this Act and

13 each recipient of a grant or other Federal assistance of the

14 sense of the Senate expressed in subsection (a).

15 SEC. 1126. STUDY OF USE OF UNIFORMED POLICE OFFI16 CERS ON FEDERAL-AID HIGHWAY CONSTRUC17 TION PROJECTS.

18 (a) IN GENERAL.—In consultation with the States and

19 State transportation departments, the Secretary shall con20 duct a study on the extent and effectiveness of use by States

21 of uniformed police officers on Federal-aid highway con22 struction projects.

23 (b) REPORT.—Not later than 2 years after the date

24 of enactment of this Act, the Secretary shall submit to Con25 gress a report on the results of the study conducted under
168

S 1173 OPS

1 subsection (a), including any legislative and administrative

2 recommendations of the Secretary.

3 SEC. 1127. CONTRACTING FOR ENGINEERING AND DESIGN

4 SERVICES.

5 Section 112(b)(2) of title 23, United States Code, is

6 amended—

7 (1) in subparagraph (B)(i), by striking ‘‘, except

8 to’’ and all that follows through ‘‘services’’;

9 (2) by striking subparagraph (C) and inserting

10 the following:

11 ‘‘(C) SELECTION, PERFORMANCE, AND AU12 DITS.—

13 ‘‘(i) IN GENERAL.—All requirements

14 for architectural, engineering, and related

15 services at any phase of a highway project

16 funded in whole or in part with Federal-aid

17 highway funds, or reasonably expected or

18 intended to be part of 1 or more such

19 projects, shall be performed under a con20 tract awarded in accordance with subpara21 graph (A) unless the simplified acquisition

22 procedures of the Federal Acquisition Regu23 lations apply.

24 ‘‘(ii) PROHIBITION ON STATE RESTRIC25 TION.—A State shall not impose any over-
169

S 1173 OPS

1 head restriction, or salary limitation incon2 sistent with the Federal Acquisition Regula3 tions, that would preclude any qualified

4 firm from being eligible to compete for con5 tracts awarded in accordance with subpara6 graph (A).

7 ‘‘(iii) COMPLIANCE WITH FEDERAL AC8 QUISITION REGULATIONS.—The process for

9 selection, award, performance, administra10 tion, and audit of the resulting contracts

11 shall comply with the procedures, cost prin12 ciples, and cost accounting principles of the

13 Federal Acquisition Regulations, including

14 parts 30, 31, and 36 of the Regulations.’’;

15 and

16 (3) by adding at the end the following:

17 ‘‘(H) COMPLIANCE.—

18 ‘‘(i) IN GENERAL.—A State shall com19 ply with the qualifications-based selection

20 procedures of the Federal Acquisition Regu21 lations, and the single audit procedures re22 quired under this paragraph, or with an ex23 isting State law or a statute enacted in ac24 cordance with the legislative session exemp25 tion under subparagraph (G), with respect
170

S 1173 OPS

1 to any architecture, engineering, or related

2 service contract for any phase of a Federal3 aid highway project.

4 ‘‘(ii) STATES WITH ALTERNATIVE

5 PROCESS.—Any State that, after November

6 28, 1995, enacted legislation to establish an

7 alternative State procedure as a substitute

8 for the contract administration and audit

9 procedures required under this paragraph

10 or was granted a waiver under subpara11 graph (G) shall submit the legislation to the

12 Secretary, not later than 60 days after the

13 date of enactment of this subparagraph, for

14 certification that the State legislation is in

15 compliance with the statutory timetable and

16 substantive criteria specified in subpara17 graph (G).’’.

18 SEC. 1128. ADDITIONAL FUNDING.

19 (a) IN GENERAL.—

20 (1) APPORTIONMENT.—On October 1, or as soon

21 as practicable thereafter, of each fiscal year, after

22 making apportionments and allocations under sec23 tions 104 and 105(a) of title 23, United States Code,

24 and section 1102(c) of this Act, the Secretary shall

25 apportion, in accordance with paragraph (2), the
171

S 1173 OPS

1 funds made available by paragraph (3) among the

2 States in the ratio that—

3 (A) the total of the apportionments to each

4 State under section 104 of title 23, United States

5 Code, and section 1102(c) of this Act and the al6 locations to each State under section 105(a) of

7 that title (excluding amounts made available

8 under this section); bears to

9 (B) the total of all apportionments to all

10 States under section 104 of that title and section

11 1102(c) of this Act and all allocations to all

12 States under section 105(a) of that title (exclud13 ing amounts made available under this section).

14 (2) DISTRIBUTION AMONG CATEGORIES.—

15 (A) LIMITED FLEXIBLE FUNDING FOR CER16 TAIN STATES.—For each fiscal year, in the case

17 of each State that does not receive funding under

18 subsection (c) or an allocation under subsection

19 (d), an amount equal to 22 percent of the funds

20 apportioned to the State under paragraph (1)

21 shall be set aside for use by the State for any

22 purpose eligible for funding under title 23,

23 United States Code, or this Act.

24 (B) DISTRIBUTION OF REMAINING FUNDS.—
172

S 1173 OPS

1 (i) IN GENERAL.—For each fiscal year,

2 after application of subparagraph (A), the

3 remaining funds apportioned to each State

4 under paragraph (1) shall be apportioned

5 in accordance with clause (ii) among the

6 following categories:

7 (I) The Interstate maintenance

8 component of the Interstate and Na9 tional Highway System program

10 under section 104(b)(1)(A) of title 23,

11 United States Code.

12 (II) The Interstate bridge compo13 nent of the Interstate and National

14 Highway System program under sec15 tion 104(b)(1)(B) of that title.

16 (III) The National Highway Sys17 tem component of the Interstate and

18 National Highway System program

19 under section 104(b)(1)(C) of that title.

20 (IV) The congestion mitigation

21 and air quality improvement program

22 under section 104(b)(2) of that title.

23 (V) The surface transportation

24 program under section 104(b)(3) of

25 that title.
173

S 1173 OPS

1 (VI) Metropolitan planning under

2 section 104(f) of that title.

3 (VII) Minimum guarantee under

4 section 105 of that title.

5 (VIII) ISTEA transition under

6 section 1102(c) of this Act.

7 (ii) DISTRIBUTION FORMULA.—For

8 each State and each fiscal year, the amount

9 of funds apportioned for each category

10 under clause (i) shall be equal to the prod11 uct obtained by multiplying—

12 (I) the amount of funds appor13 tioned to the State for the fiscal year

14 under paragraph (1); by

15 (II) the ratio that—

16 (aa) the amount of funds ap17 portioned to the State for the cat18 egory for the fiscal year under the

19 other sections of this Act and the

20 amendments made by this Act;

21 bears to

22 (bb) the total amount of

23 funds apportioned to the State for

24 all of the categories for the fiscal

25 year under the other sections of
174

S 1173 OPS

1 this Act and the amendments

2 made by this Act.

3 (3) AUTHORIZATION OF CONTRACT AUTHOR4 ITY.—

5 (A) IN GENERAL.—There shall be available

6 from the Highway Trust Fund (other than the

7 Mass Transit Account) to carry out this sub8 section $640,000,000 for fiscal year 1998,

9 $3,346,000,000 for fiscal year 1999,

10 $3,634,000,000 for fiscal year 2000,

11 $3,881,000,000 for fiscal year 2001,

12 $3,831,000,000 for fiscal year 2002, and

13 $3,603,000,000 for fiscal year 2003.

14 (B) CONTRACT AUTHORITY.—Funds author15 ized under this paragraph shall be available for

16 obligation in the same manner as if the funds

17 were apportioned under chapter 1 of title 23,

18 United States Code.

19 (b) OTHER ADJUSTMENTS.—

20 (1) IN GENERAL.—Notwithstanding sections

21 1116, 1117, and 1118, and the amendments made by

22 those sections—

23 (A) in addition to the amounts authorized

24 to be appropriated under section 1116(d)(5),

25 there shall be available from the Highway Trust
175

S 1173 OPS

1 Fund (other than the Mass Transit Account) to

2 carry out section 1116(d) $90,000,000 for each of

3 fiscal years 1999 through 2003; and

4 (B) in addition to the funds made available

5 under the amendment made by section 1117(d),

6 there shall be available from the Highway Trust

7 Fund (other than the Mass Transit Account) in

8 the manner described in, and to carry out the

9 purposes specified in, that amendment

10 $378,000,000 for each of fiscal years 1999

11 through 2003, except that the funds made avail12 able under this subparagraph, notwithstanding

13 section 118(e)(1)(C)(v) of title 23, United States

14 Code, and section 201(g)(1)(B) of the Appalach15 ian Regional Development Act of 1965 (40

16 U.S.C. App.), shall be subject to subparagraphs

17 (A) and (B) of section 118(e)(1) of that title.

18 (2) CONTRACT AUTHORITY.—Funds authorized

19 under subparagraphs (A) and (B) of paragraph (1)

20 shall be available for obligation in the same manner

21 as if the funds were apportioned under chapter 1 of

22 title 23, United States Code.

23 (3) LIMITATION.—No obligation authority shall

24 be made available for any amounts authorized under

25 this subsection for any fiscal year for which any obli-
176

S 1173 OPS

1 gation limitation established for Federal-aid high2 ways is less than the obligation limitation established

3 for fiscal year 1998.

4 (c) HIGH DENSITY TRANSPORTATION PROGRAM.—

5 (1) IN GENERAL.—There is established the high

6 density transportation program (referred to in this

7 subsection as the ‘‘program’’) to provide funding to

8 States that have higher-than-average population den9 sity.

10 (2) DETERMINATIONS.—

11 (A) IN GENERAL.—On October 1, or as soon

12 as practicable thereafter, of each of fiscal years

13 1999 through 2003, the Secretary shall determine

14 for each State and the fiscal year—

15 (i) the population density of the State;

16 (ii) the total vehicle miles traveled on

17 lanes on Federal-aid highways in the State

18 during the latest year for which data are

19 available;

20 (iii) the ratio that—

21 (I) the total lane miles on Fed22 eral-aid highways in urban areas in

23 the State; bears to

24 (II) the total lane miles on all

25 Federal-aid highways in the State; and
177

S 1173 OPS

1 (iv) the quotient obtained by divid2 ing—

3 (I) the sum of—

4 (aa) the amounts appor5 tioned to the State under section

6 104 of title 23, United States

7 Code, for the Interstate and Na8 tional Highway System program,

9 the surface transportation pro10 gram, and the congestion mitiga11 tion and air quality improvement

12 program;

13 (bb) the amounts allocated to

14 the State under the minimum

15 guarantee program under section

16 105 of that title; and

17 (cc) the amounts apportioned

18 to the State under section 1102(c)

19 of this Act for ISTEA transition;

20 by

21 (II) the population of the State

22 (as determined based on the latest

23 available annual estimates prepared by

24 the Secretary of Commerce).
178

S 1173 OPS

1 (B) NATIONAL AVERAGE.—Using the data

2 determined under subparagraph (A), the Sec3 retary shall determine the national average with

4 respect to each of the factors described in clauses

5 (i) through (iv) of subparagraph (A).

6 (3) ELIGIBILITY CRITERIA.—A State shall be eli7 gible to receive funding under the program if—

8 (A) the amount determined for the State

9 under paragraph (2)(A) with respect to each fac10 tor described in clauses (i) through (iii) of para11 graph (2)(A) is greater than the national aver12 age with respect to the factor determined under

13 paragraph (2)(B); and

14 (B) the amount determined for the State

15 with respect to the factor described in paragraph

16 (2)(A)(iv) is less than 85 percent of the national

17 average with respect to the factor determined

18 under paragraph (2)(B).

19 (4) DISTRIBUTION OF FUNDS.—

20 (A) AVAILABILITY TO STATES.—For each

21 fiscal year, except as provided in subparagraph

22 (D), each State that meets the eligibility criteria

23 under paragraph (3) shall receive a portion of

24 the funds made available to carry out the pro25 gram that is—
179

S 1173 OPS

1 (i) not less than $36,000,000; but

2 (ii) not more than 15 percent of the

3 funds.

4 (B) STATE NOTIFICATION.—On October 1,

5 or as soon as practicable thereafter, of each fiscal

6 year, the Secretary shall notify each State that

7 meets the eligibility criteria under paragraph (3)

8 that the State is eligible to apply for funding

9 under the program.

10 (C) PROJECT PROPOSALS.—

11 (i) SUBMISSION.—

12 (I) IN GENERAL.—After receipt of

13 a notification of eligibility under sub14 paragraph (B), to receive funds under

15 the program, a State, in consultation

16 with the appropriate metropolitan

17 planning organizations, shall submit

18 to the Secretary proposals for projects

19 aimed at improving mobility in dense20 ly populated areas where traffic loads

21 and highway maintenance costs are

22 high.

23 (II) TOTAL COST OF PROJECTS.—

24 The estimated total cost of the projects

25 proposed by each State shall be equal
180

S 1173 OPS

1 to at least 3 times the amount that the

2 State is eligible to receive under sub3 paragraph (A).

4 (ii) SELECTION.—The Secretary shall

5 select projects for funding under the pro6 gram based on factors determined by the

7 Secretary to reflect the degree to which a

8 project will improve mobility in densely

9 populated areas where traffic loads and

10 highway maintenance costs are high.

11 (iii) DEADLINES.—The Secretary may

12 establish deadlines for States to submit

13 project proposals, except that in the case of

14 fiscal year 1998 the deadline may not be

15 earlier than July 1, 1998.

16 (D) REDISTRIBUTION OF FUNDS.—For each

17 fiscal year, if a State does not have pending, by

18 the deadline established under subparagraph

19 (C)(iii), applications for projects with an esti20 mated total cost equal to at least 3 times the

21 amount that the State is eligible to receive under

22 subparagraph (A), the Secretary may redistrib23 ute, to 1 or more other States, at the Secretary’s

discretion, 1 24 ⁄3 of the amount by which the esti25 mated cost of the State’s applications is less than
181

S 1173 OPS

1 3 times the amount that the State is eligible to

2 receive.

3 (5) OTHER ELIGIBLE STATES.—In addition to

4 States that meet the eligibility criteria under para5 graph (3), a State with respect to which the following

6 conditions are met shall also be eligible for the funds

7 made available to carry out the program that remain

8 after each State that meets the eligibility criteria

9 under paragraph (3) has received the minimum

10 amount of funds specified in paragraph (4)(A)(i):

11 (A) POPULATION DENSITY.—The population

12 density of the State is at least 50 percent greater

13 than the population density of the United States

14 (as determined on the basis of the 1990 Federal

15 census).

16 (B) THROUGH TRUCK TRAFFIC.—The

17 quotient obtained by dividing—

18 (i) the annual quantity of through

19 truck ton-miles in the State (as determined

20 based on the latest available estimates pub21 lished by the Secretary); by

22 (ii) the annual quantity of total truck

23 ton-miles in the State (as determined based

24 on the latest available estimates published

25 by the Secretary);
182

S 1173 OPS

1 is greater than 0.60.

2 (6) ADDITIONAL ELIGIBLE STATES.—In addition

3 to States that meet the eligibility criteria under para4 graph (3), a State with respect to which the following

5 conditions are met shall also be eligible for the funds

6 made available to carry out the program that remain

7 after each State that meets the eligibility criteria

8 under paragraph (3) has received the minimum

9 amount of funds specified in paragraph (4)(A)(i):

10 (A) POPULATION DENSITY.—The population

11 density of the State is greater than 161 individ12 uals per square mile.

13 (B) VEHICLE MILES TRAVELED.—The

14 amount determined for the State under para15 graph (2)(A) with respect to the factor described

16 in paragraph (2)(A)(ii) is greater than the na17 tional average with respect to the factor deter18 mined under paragraph (2)(B).

19 (C) URBAN FEDERAL-AID LANE MILES.—

20 The ratio that—

21 (i) the total lane miles on Federal-aid

22 highways in urban areas in the State; bears

23 to

24 (ii) the total lane miles on all Federal25 aid highways in the State;
183

S 1173 OPS

1 is greater than or equal to 0.26.

2 (D) APPORTIONMENTS PER CAPITA.—The

3 amount determined for the State with respect to

4 the factor described in paragraph (2)(A)(iv) is

5 less than 85 percent of the national average with

6 respect to the factor determined under paragraph

7 (2)(B).

8 (7) ELIGIBLE PROJECTS.—Funds made available

9 to carry out the program may be used for any project

10 eligible for funding under title 23, United States

11 Code, or this Act.

12 (8) AUTHORIZATION OF CONTRACT AUTHOR13 ITY.—

14 (A) IN GENERAL.—There shall be available

15 from the Highway Trust Fund (other than the

16 Mass Transit Account) to carry out this sub17 section $360,000,000 for each of fiscal years 1999

18 through 2003.

19 (B) CONTRACT AUTHORITY.—Funds author20 ized under this paragraph shall be available for

21 obligation in the same manner as if the funds

22 were apportioned under chapter 1 of title 23,

23 United States Code.

24 (9) LIMITATIONS.—
184

S 1173 OPS

1 (A) APPLICABILITY OF OBLIGATION LIMITA2 TIONS.—Funds made available under this sub3 section shall be subject to subparagraphs (A) and

4 (B) of section 118(e)(1) of that title.

5 (B) LIMITATION ON AVAILABILITY.—No ob6 ligation authority shall be made available for

7 any amounts authorized under this subsection

8 for any fiscal year for which any obligation lim9 itation established for Federal-aid highways is

10 less than the obligation limitation established for

11 fiscal year 1998.

12 (d) BONUS PROGRAM.—

13 (1) IN GENERAL.—For each of fiscal years 1998

14 through 2003, after making apportionments and allo15 cations under section 1102 and the amendments made

16 by that section, the Secretary shall allocate to each of

17 the States listed in the following table the amount

18 specified for the State in the following table:

State

Fiscal Year (amounts in thousands of dollars)

1998 1999 2000 2001 2002 2003

Alabama $4,969 $11,021 $11,093 $11,169 $11,253 $11,352

Arizona $3,864 $14,418 $14,474 $14,533 $14,598 $14,676

California $10,353 $47,050 $48,691 $48,094 $39,345 $35,119

Florida $11,457 $30,175 $30,342 $30,518 $30,710 $30,940

Georgia $8,723 $19,347 $19,474 $19,608 $19,754 $19,930

Illinois $8,277 $21,800 $21,921 $22,048 $22,187 $22,353

Indiana $6,052 $22,580 $22,668 $22,761 $22,862 $22,984

Kentucky $4,316 $9,573 $9,636 $9,703 $9,775 $9,862
185

S 1173 OPS

State

Fiscal Year (amounts in thousands of dollars)

1998 1999 2000 2001 2002 2003

Maryland $3,749 $4,202 $4,257 $4,314 $4,377 $4,452

Michigan $7,849 $29,286 $29,400 $29,521 $29,652 $29,810

North Carolina $7,032 $15,597 $15,700 $15,808 $15,925 $16,067

Ohio $8,567 $9,601 $9,726 $9,858 $10,001 $10,173

Pennsylvania $5,409 $4,174 $60 $0 $0 $0

South Carolina $3,953 $12,966 $13,023 $13,084 $13,150 $13,230

Tennessee $5,631 $12,490 $12,572 $12,658 $12,752 $12,866

Texas $17,129 $63,908 $64,157 $64,421 $64,707 $65,052

Virginia $6,368 $14,124 $14,217 $14,315 $14,421 $14,549

Wisconsin $4,520 $16,864 $16,929 $16,999 $17,075 $17,165

1 (2) ELIGIBLE PURPOSES.—Amounts allocated

2 under paragraph (1) shall be available for any pur3 pose eligible for funding under title 23, United States

4 Code, or this Act.

5 (3) AUTHORIZATION OF CONTRACT AUTHOR6 ITY.—

7 (A) IN GENERAL.—There shall be available

8 from the Highway Trust Fund (other than the

9 Mass Transit Account) such sums as are nec10 essary to carry out this subsection.

11 (B) CONTRACT AUTHORITY.—Funds author12 ized under this paragraph shall be available for

13 obligation in the same manner as if the funds

14 were apportioned under chapter 1 of title 23,

15 United States Code.

16 (4) LIMITATIONS.—
186

S 1173 OPS

1 (A) APPLICABILITY OF OBLIGATION LIMITA2 TIONS.—Funds made available under this sub3 section shall be subject to subparagraphs (A) and

4 (B) of section 118(e)(1) of that title.

5 (B) LIMITATION ON AVAILABILITY.—No ob6 ligation authority shall be made available for

7 any amounts authorized under this subsection

8 for any fiscal year for which any obligation lim9 itation established for Federal-aid highways is

10 less than the obligation limitation established for

11 fiscal year 1998.

12 (e) FEDERAL LANDS HIGHWAYS PROGRAM.—

13 (1) IN GENERAL.—In addition to the amounts

14 made available under section 1101(4), there shall be

15 available from the Highway Trust Fund (other than

16 the Mass Transit Account)—

17 (A) for Indian reservation roads under sec18 tion 204 of title 23, United States Code,

19 $50,000,000 for each of fiscal years 1999 through

20 2003;

21 (B) for parkways and park roads under sec22 tion 204 of title 23, United States Code,

23 $70,000,000 for each of fiscal years 1999 through

24 2003, of which $20,000,000 for each fiscal year

25 shall be available to maintain and improve pub-
187

S 1173 OPS

1 lic roads that provide access to or within units

2 of the National Wildlife Refuge System; and

3 (C) for public lands highways under section

4 204 of title 23, United States Code, $50,000,000

5 for each of fiscal years 1999 through 2003.

6 (2) AUTHORIZATION OF CONTRACT AUTHOR7 ITY.—

8 (A) IN GENERAL.—There shall be available

9 from the Highway Trust Fund (other than the

10 Mass Transit Account) such sums as are nec11 essary to carry out this subsection.

12 (B) CONTRACT AUTHORITY.—Funds author13 ized under this paragraph shall be available for

14 obligation in the same manner as if the funds

15 were apportioned under chapter 1 of title 23,

16 United States Code.

17 (3) LIMITATIONS.—

18 (A) APPLICABILITY OF OBLIGATION LIMITA19 TIONS.—Funds made available under this sub20 section shall be subject to subparagraphs (A) and

21 (B) of section 118(e)(1) of that title.

22 (B) LIMITATION ON AVAILABILITY.—No ob23 ligation authority shall be made available for

24 any amounts authorized under this subsection

25 for any fiscal year for which any obligation lim-
188

S 1173 OPS

1 itation established for Federal-aid highways is

2 less than the obligation limitation established for

3 fiscal year 1998.

4 (f) PREFERENCE IN INTERSTATE 4R AND BRIDGE DIS5 CRETIONARY PROGRAM ALLOCATIONS.—In allocating funds

6 under section 104(k) of title 23, United States Code, the

7 Secretary shall give preference to States—

8 (1)(A) with respect to which at least 40 percent

9 of the bridges in the State are functionally obsolete

10 and structurally deficient; and

11 (B) that do not receive assistance made available

12 under subsection (b)(1)(B) or funding under sub13 section (c); or

14 (2) that are bordered by 2 navigable rivers listed

15 under section 1804 of title 33, United States Code,

16 that each comprise at least 10 percent of the boundary

17 of the State.

18 (g) ADDITIONAL ALLOCATIONS.—

19 (1) IN GENERAL.—For each of fiscal years 1999

20 through 2003, after making apportionments and allo21 cations under sections 104 and 105(a) of title 23,

22 United States Code, and section 1102(c) of this Act,

23 the Secretary shall allocate to each of the following

24 States the following amount specified for the State:

25 (A) Arizona: $7,016,000.
189

S 1173 OPS

1 (B) Indiana: $9,290,000.

2 (C) Michigan: $11,158,000.

3 (D) Oklahoma: $6,924,000.

4 (E) South Carolina: $7,109,000.

5 (F) Texas: $20,804,000.

6 (G) Wisconsin: $7,699,000.

7 (2) ELIGIBLE PURPOSES.—Amounts allocated

8 under paragraph (1) shall be available for any pur9 pose eligible for funding under title 23, United States

10 Code, or this Act.

11 (3) AUTHORIZATION OF CONTRACT AUTHOR12 ITY.—

13 (A) IN GENERAL.—There shall be available

14 from the Highway Trust Fund (other than the

15 Mass Transit Account) such sums as are nec16 essary to carry out this subsection.

17 (B) CONTRACT AUTHORITY.—Funds author18 ized under this paragraph shall be available for

19 obligation in the same manner as if the funds

20 were apportioned under chapter 1 of title 23,

21 United States Code.

22 (4) LIMITATIONS.—

23 (A) APPLICABILITY OF OBLIGATION LIMITA24 TIONS.—Funds made available under this sub-
190

S 1173 OPS

1 section shall be subject to subparagraphs (A) and

2 (B) of section 118(e)(1) of that title.

3 (B) LIMITATION ON AVAILABILITY.—No ob4 ligation authority shall be made available for

5 any amounts authorized under this subsection

6 for any fiscal year for which any obligation lim7 itation established for Federal-aid highways is

8 less than the obligation limitation established for

9 fiscal year 1998.

10 SEC. 1129. AMBASSADOR BRIDGE ACCESS, DETROIT, MICHI11 GAN.

12 (a) IN GENERAL.—Notwithstanding section 129 of title

13 23, United States Code, or any other provision of law, im14 provements to access roads and construction of access roads,

15 approaches, and related facilities (such as signs, lights, and

16 signals) necessary to connect the Ambassador Bridge in De17 troit, Michigan, to the Interstate System shall be eligible

18 for funds apportioned under paragraphs (1)(C) and (3) of

19 section 104(b) of that title.

20 (b) USE OF FUNDS.—Funds described in subsection

21 (a) shall not be used for any improvement to, or construc22 tion of, the bridge itself.
191

S 1173 OPS

1 SEC. 1130. TRANSPORTATION ASSISTANCE FOR OLYMPIC

2 CITIES.

3 (a) PURPOSE.—The purpose of this section is to au4 thorize the provision of assistance for, and support of, State

5 and local efforts concerning surface transportation issues

6 necessary to obtain the national recognition and economic

7 benefits of participation in the International Olympic

8 movement and the International Paralympic movement by

9 hosting international quadrennial Olympic and

10 Paralympic events in the United States.

11 (b) PRIORITY FOR TRANSPORTATION PROJECTS RE12 LATING TO OLYMPIC AND PARALYMPIC EVENTS.—Notwith13 standing any other provision of law, from funds available

14 to carry out section 104(k) of title 23, United States Code,

15 the Secretary may give priority to funding for a transpor16 tation project relating to an international quadrennial

17 Olympic or Paralympic event if—

18 (1) the project meets the extraordinary needs as19 sociated with an international quadrennial Olympic

20 or Paralympic event; and

21 (2) the project is otherwise eligible for assistance

22 under section 104(k) of that title.

23 (c) TRANSPORTATION PLANNING ACTIVITIES.—The

24 Secretary may participate in—

25 (1) planning activities of States and metropoli26 tan planning organizations and transportation
192

S 1173 OPS

1 projects relating to an international quadrennial

2 Olympic or Paralympic event under sections 134 and

3 135 of title 23, United States Code; and

4 (2) developing intermodal transportation plans

5 necessary for the projects in coordination with State

6 and local transportation agencies.

7 (d) FUNDING.—Notwithstanding section 541(a) of title

8 23, United States Code, from funds made available under

9 that section, the Secretary may provide assistance for the

10 development of an Olympic and a Paralympic transpor11 tation management plan in cooperation with an Olympic

12 Organizing Committee responsible for hosting, and State

13 and local communities affected by, an international quad14 rennial Olympic or Paralympic event.

15 (e) TRANSPORTATION PROJECTS RELATING TO OLYM16 PIC AND PARALYMPIC EVENTS.—

17 (1) IN GENERAL.—The Secretary may provide

18 assistance, including planning, capital, and operat19 ing assistance, to States and local governments in

20 carrying out transportation projects relating to an

21 international quadrennial Olympic or Paralympic

22 event.

23 (2) FEDERAL SHARE.—The Federal share of the

24 cost of a project assisted under this subsection shall

25 not exceed 80 percent.
193

S 1173 OPS

1 (f) ELIGIBLE GOVERNMENTS.—A State or local gov2 ernment shall be eligible to receive assistance under this sec3 tion only if the government is hosting a venue that is part

4 of an international quadrennial Olympics that is officially

5 selected by the International Olympic Committee.

6 (g) AUTHORIZATION OF APPROPRIATIONS.—There are

7 authorized to be appropriated from the Highway Trust

8 Fund (other than the Mass Transit Account) to carry out

9 this section such sums as are necessary for each of fiscal

10 years 1998 through 2003.

11 SEC. 1131. NATIONAL DEFENSE HIGHWAYS OUTSIDE THE

12 UNITED STATES.

13 (a) RECONSTRUCTION PROJECTS.—If the Secretary de14 termines, after consultation with the Secretary of Defense,

15 that a highway, or a portion of a highway, located outside

16 the United States is important to the national defense, the

17 Secretary may carry out a project for reconstruction of the

18 highway or portion of highway.

19 (b) FUNDING.—

20 (1) IN GENERAL.—For each of fiscal years 1998

21 through 2003, the Secretary may set aside not to ex22 ceed $16,000,000 from amounts to be apportioned

23 under section 104(b)(1)(A) of title 23, United States

24 Code, to carry out this section.
194

S 1173 OPS

1 (2) AVAILABILITY.—Funds made available under

2 paragraph (1) shall remain available until expended.

3 SEC. 1132. NATIONAL HISTORIC COVERED BRIDGE PRESER4 VATION.

5 (a) DEFINITIONS.—In this section:

6 (1) COVERED BRIDGE.—The term ‘‘covered

7 bridge’’—

8 (A) means a roofed bridge that is made pri9 marily of wood; and

10 (B) includes the roof, flooring, trusses,

11 joints, walls, piers, footings, walkways, support

12 structures, arch systems, and underlying land.

13 (2) HISTORIC COVERED BRIDGE.—The term

14 ‘‘historic covered bridge’’ means a covered bridge

15 that—

16 (A) is at least 50 years old; or

17 (B) is listed on the National Register of

18 Historic Places.

19 (b) HISTORIC COVERED BRIDGE PRESERVATION.—

20 The Secretary shall—

21 (1) develop and maintain a list of historic cov22 ered bridges;

23 (2) collect and disseminate information concern24 ing historic covered bridges;
195

S 1173 OPS

1 (3) foster educational programs relating to the

2 history, construction techniques, and contribution to

3 society of historic covered bridges;

4 (4) sponsor or conduct research on the history of

5 covered bridges; and

6 (5) sponsor or conduct research, and study tech7 niques, on protecting covered bridges from rot, fire,

8 natural disasters, or weight-related damage.

9 (c) DIRECT FEDERAL ASSISTANCE.—

10 (1) IN GENERAL.—Subject to the availability of

11 appropriations, the Secretary shall make a grant to

12 a State that submits an application to the Secretary

13 that demonstrates a need for assistance in carrying

14 out 1 or more historic covered bridge projects de15 scribed in paragraph (2).

16 (2) TYPES OF PROJECT.—A grant under para17 graph (1) may be made for a project—

18 (A) to rehabilitate or repair a historic cov19 ered bridge;

20 (B) to preserve a historic covered bridge, in21 cluding through—

22 (i) installation of a fire protection sys23 tem, including a fireproofing or fire detec24 tion system and sprinklers;
196

S 1173 OPS

1 (ii) installation of a system to prevent

2 vandalism and arson; or

3 (iii) relocation of a bridge to a preser4 vation site; and

5 (C) to conduct a field test on a historic cov6 ered bridge or evaluate a component of a historic

7 covered bridge, including through destructive

8 testing of the component.

9 (3) AUTHENTICITY.—A grant under paragraph

10 (1) may be made for a project only if—

11 (A) to the maximum extent practicable, the

12 project—

13 (i) is carried out in the most histori14 cally appropriate manner; and

15 (ii) preserves the existing structure of

16 the historic covered bridge; and

17 (B) the project provides for the replacement

18 of wooden components with wooden components,

19 unless the use of wood is impracticable for safety

20 reasons.

21 (d) FUNDING.—There is authorized to be appropriated

22 to carry out this section $10,000,000 for each of fiscal years

23 1999 through 2003, to remain available until expended.
197

S 1173 OPS

1 Subtitle B—Program Streamlining

2 and Flexibility

3 CHAPTER 1—GENERAL PROVISIONS

4 SEC. 1201. ADMINISTRATIVE EXPENSES.

5 Section 104 of title 23, United States Code, is amended

6 by striking subsection (a) and inserting the following:

7 ‘‘(a) ADMINISTRATIVE EXPENSES.—

8 ‘‘(1) IN GENERAL.—Whenever an apportionment

9 is made of the sums made available for expenditure

10 on the surface transportation program under section

11 133, the congestion mitigation and air quality im12 provement program under section 149, or the Inter13 state and National Highway System program under

14 section 103, the Secretary shall deduct a sum, in an

amount not to exceed 11 15 ⁄2 percent of all sums so made

16 available, as the Secretary determines necessary to

17 administer the provisions of law to be financed from

18 appropriations for the Federal-aid highway program

19 and programs authorized under chapter 2.

20 ‘‘(2) CONSIDERATION OF UNOBLIGATED BAL21 ANCES.—In making the determination described in

22 paragraph (1), the Secretary shall take into account

23 the unobligated balance of any sums deducted under

24 this subsection in prior fiscal years.
198

S 1173 OPS

1 ‘‘(3) AVAILABILITY.—The sum deducted under

2 paragraph (1) shall remain available until ex3 pended.’’.

4 SEC. 1202. REAL PROPERTY ACQUISITION AND CORRIDOR

5 PRESERVATION.

6 (a) ADVANCE ACQUISITION OF REAL PROPERTY.—Sec7 tion 108 of title 23, United States Code, is amended—

8 (1) by striking the section heading and inserting

9 the following:

10 ‘‘§ 108. Advance acquisition of real property’’;

11 and

12 (2) by striking subsection (a) and inserting the

13 following:

14 ‘‘(a) IN GENERAL.—

15 ‘‘(1) AVAILABILITY OF FUNDS.—For the purpose

16 of facilitating the timely and economical acquisition

17 of real property for a transportation improvement eli18 gible for funding under this title, the Secretary, upon

19 the request of a State, may make available, for the ac20 quisition of real property, such funds apportioned to

21 the State as may be expended on the transportation

22 improvement, under such rules and regulations as the

23 Secretary may issue.

24 ‘‘(2) CONSTRUCTION.—The agreement between

25 the Secretary and the State for the reimbursement of
199

S 1173 OPS

1 the cost of the real property shall provide for the ac2 tual construction of the transportation improvement

3 within a period not to exceed 20 years following the

4 fiscal year for which the request is made, unless the

5 Secretary determines that a longer period is reason6 able.’’.

7 (b) CREDIT FOR ACQUIRED LANDS.—Section 323(b) of

8 title 23, United States Code, is amended—

9 (1) in the subsection heading, by striking ‘‘DO10 NATED’’ and inserting ‘‘ACQUIRED’’;

11 (2) by striking paragraphs (1) and (2) and in12 serting the following:

13 ‘‘(1) IN GENERAL.—Notwithstanding any other

14 provision of this title, the State share of the cost of

15 a project with respect to which Federal assistance is

16 provided from the Highway Trust Fund (other than

17 the Mass Transit Account) may be credited in an

18 amount equal to the fair market value of any land

19 that—

20 ‘‘(A) is obtained by the State or a unit of

21 local government in the State, without violation

22 of Federal law;

23 ‘‘(B) is incorporated into the project;

24 ‘‘(C) is not land described in section 138;

25 and
200

S 1173 OPS

1 ‘‘(D) does not influence the environmental

2 assessment of the project, including—

3 ‘‘(i) the decision as to the need to con4 struct the project;

5 ‘‘(ii) the consideration of alternatives;

6 and

7 ‘‘(iii) the selection of a specific loca8 tion.

9 ‘‘(2) ESTABLISHMENT OF FAIR MARKET

10 VALUE.—The fair market value of land incorporated

11 into a project and credited under paragraph (1) shall

12 be established in the manner determined by the Sec13 retary, except that—

14 ‘‘(A) the fair market value shall not include

15 any increase or decrease in the value of donated

16 property caused by the project; and

17 ‘‘(B) the fair market value of donated land

18 shall be established as of the earlier of—

19 ‘‘(i) the date on which the donation be20 comes effective; or

21 ‘‘(ii) the date on which equitable title

22 to the land vests in the State.’’;

23 (3) in paragraph (3), by striking ‘‘agency of a

24 Federal, State, or local government’’ and inserting

25 ‘‘agency of the Federal Government’’;
201

S 1173 OPS

1 (4) in paragraph (4), by striking ‘‘to which the

2 donation is applied’’; and

3 (5) by redesignating paragraph (4) as para4 graph (3).

5 (c) CREDITING OF CONTRIBUTIONS BY UNITS OF

6 LOCAL GOVERNMENT TOWARD THE STATE SHARE.—Sec7 tion 323 of title 23, United States Code, is amended by add8 ing at the end the following:

9 ‘‘(e) CREDITING OF CONTRIBUTIONS BY UNITS OF

10 LOCAL GOVERNMENT TOWARD THE STATE SHARE.—A con11 tribution by a unit of local government of real property,

12 funds, material, or a service in connection with a project

13 eligible for assistance under this title shall be credited

14 against the State share of the project at the fair market

15 value of the real property, funds, material, or service.’’.

16 (d) CONFORMING AMENDMENTS.—

17 (1) Section 323 of title 23, United States Code,

18 is amended by striking the section heading and in19 serting the following:

20 ‘‘§ 323. Donations and credits’’.

21 (2) The analysis for chapter 1 of title 23, United

22 States Code, is amended—

23 (A) by striking the item relating to section

24 108 and inserting the following:

‘‘108. Advance acquisition of real property.’’;

25 and
202

S 1173 OPS

1 (B) by striking the item relating to section

2 323 and inserting the following:

‘‘323. Donations and credits.’’.

3 SEC. 1203. AVAILABILITY OF FUNDS.

4 Section 118 of title 23, United States Code, is amended

5 by striking subsection (e) and inserting the following:

6 ‘‘(e) AVAILABILITY OF FUNDS.—

7 ‘‘(1) IN GENERAL.—Any Federal-aid highway

8 funds released by the final payment on a project, or

9 by the modification of a project agreement, shall be

10 credited to the same program funding category for

11 which the funds were previously apportioned and

12 shall be immediately available for obligation.

13 ‘‘(2) TRANSFER OF INTERSTATE CONSTRUCTION

14 FUNDS.—Any Federal-aid highway funds apportioned

15 to a State under section 104(b)(5)(A) (as in effect on

16 the day before the date of enactment of this para17 graph) and credited under paragraph (1) may be

18 transferred by the Secretary in accordance with sec19 tion 103(d).’’.

20 SEC. 1204. PAYMENTS TO STATES FOR CONSTRUCTION.

21 Section 121 of title 23, United States Code, is amend22 ed—

23 (1) in subsection (a), by striking the second and

24 third sentences and inserting the following: ‘‘The pay-
203

S 1173 OPS

1 ments may also be made for the value of such mate2 rials as—

3 ‘‘(1) have been stockpiled in the vicinity of the

4 construction in conformity to plans and specifications

5 for the projects; and

6 ‘‘(2) are not in the vicinity of the construction

7 if the Secretary determines that because of required

8 fabrication at an off-site location the materials can9 not be stockpiled in the vicinity.’’;

10 (2) by striking subsection (b) and inserting the

11 following:

12 ‘‘(b) PROJECT AGREEMENTS.—

13 ‘‘(1) PAYMENTS.—A payment under this chapter

14 may be made only for a project covered by a project

15 agreement.

16 ‘‘(2) SOURCE OF PAYMENTS.—After completion

17 of a project in accordance with the project agreement,

18 a State shall be entitled to payment, out of the appro19 priate sums apportioned or allocated to the State, of

20 the unpaid balance of the Federal share of the cost of

21 the project.’’;

22 (3) by striking subsections (c) and (d); and

23 (4) by redesignating subsection (e) as subsection

24 (c).
204

S 1173 OPS

1 SEC. 1205. PROCEEDS FROM THE SALE OR LEASE OF REAL

2 PROPERTY.

3 (a) IN GENERAL.—Section 156 of title 23, United

4 States Code, is amended to read as follows:

5 ‘‘§ 156. Proceeds from the sale or lease of real property

6 ‘‘(a) MINIMUM CHARGE.—Subject to section 142(f), a

7 State shall charge, at a minimum, fair market value for

8 the sale, use, lease, or lease renewal (other than for utility

9 use and occupancy or for a transportation project eligible

10 for assistance under this title) of real property acquired

11 with Federal assistance made available from the Highway

12 Trust Fund (other than the Mass Transit Account).

13 ‘‘(b) EXCEPTIONS.—The Secretary may grant an ex14 ception to the requirement of subsection (a) for a social,

15 environmental, or economic purpose.

16 ‘‘(c) USE OF FEDERAL SHARE OF INCOME.—The Fed17 eral share of net income from the revenues obtained by a

18 State under subsection (a) shall be used by the State for

19 projects eligible under this title.’’.

20 (b) CONFORMING AMENDMENT.—The analysis for

21 chapter 1 of title 23, United States Code, is amended by

22 striking the item relating to section 156 and inserting the

23 following:

‘‘156. Proceeds from the sale or lease of real property.’’.
205

S 1173 OPS

1 SEC. 1206. METRIC CONVERSION AT STATE OPTION.

2 Section 205(c)(2) of the National Highway System

3 Designation Act of 1995 (23 U.S.C. 109 note; 109 Stat. 577)

4 is amended by striking ‘‘Before September 30, 2000, the’’

5 and inserting ‘‘The’’.

6 SEC. 1207. REPORT ON OBLIGATIONS.

7 Section 104(m) of title 23, United States Code (as re8 designated by section 1113(c)(1)), is amended—

9 (1) by inserting ‘‘REPORT TO CONGRESS.—’’ be10 fore ‘‘The Secretary’’;

11 (2) by striking ‘‘not later than’’ and all that fol12 lows through ‘‘a report’’ and inserting ‘‘a report for

13 each fiscal year’’;

14 (3) in paragraph (1), by striking ‘‘preceding cal15 endar month’’ and inserting ‘‘preceding fiscal year’’;

16 (4) by striking paragraph (2);

17 (5) in paragraph (3), by striking ‘‘such preced18 ing month’’ and inserting ‘‘that preceding fiscal

19 year’’; and

20 (6) by redesignating paragraphs (3) and (4) as

21 paragraphs (2) and (3), respectively.

22 SEC. 1208. TERMINATIONS.

23 (a) RIGHT-OF-WAY REVOLVING FUND.—Section 108 of

24 title 23, United States Code, is amended by striking sub25 section (c) and inserting the following:
206

S 1173 OPS

1 ‘‘(c) TERMINATION OF RIGHT-OF-WAY REVOLVING

2 FUND.—

3 ‘‘(1) IN GENERAL.—Funds apportioned and ad4 vanced to a State by the Secretary from the right-of5 way revolving fund established by this section prior

6 to the date of enactment of the Intermodal Surface

7 Transportation Efficiency Act of 1998 shall remain

8 available to the State for use on the projects for which

9 the funds were advanced for a period of 20 years from

10 the date on which the funds were advanced.

11 ‘‘(2) CREDIT TO HIGHWAY TRUST FUND.—With

12 respect to a project for which funds have been ad13 vanced from the right-of-way revolving fund, upon the

14 termination of the 20-year period referred to in para15 graph (1), when actual construction is commenced, or

16 upon approval by the Secretary of the plans, speci17 fications, and estimates for the actual construction of

18 the project on the right-of-way, whichever occurs

19 first—

20 ‘‘(A) the Highway Trust Fund shall be cred21 ited with an amount equal to the Federal share

22 of the funds advanced, as provided in section

23 120, out of any Federal-aid highway funds ap24 portioned to the State in which the project is lo-
207

S 1173 OPS

1 cated and available for obligation for projects of

2 the type funded; and

3 ‘‘(B) the State shall reimburse the Secretary

4 in an amount equal to the non-Federal share of

5 the funds advanced for deposit in, and credit to,

6 the Highway Trust Fund.’’.

7 (b) PILOT TOLL COLLECTION PROGRAM.—Section 129

8 of title 23, United States Code, is amended by striking sub9 section (d).

10 (c) NATIONAL RECREATIONAL TRAILS ADVISORY COM11 MITTEE.—As soon as practicable after the date of enactment

12 of this Act, the Secretary shall take such action as is nec13 essary for the termination of the National Recreational

14 Trails Advisory Committee established by section 1303 of

15 the Intermodal Surface Transportation Efficiency Act of

16 1991 (16 U.S.C. 1262) (as in effect on the day before the

17 date of enactment of this Act).

18 (d) CONGRESSIONAL BRIDGE COMMISSIONS.—Public

19 Law 87–441 (76 Stat. 59) is repealed.

20 SEC. 1209. INTERSTATE MAINTENANCE.

21 (a) INTERSTATE FUNDS.—Section 119 of title 23,

22 United States Code, is amended—

23 (1) in subsection (a), by striking the second sen24 tence;

25 (2) by striking subsection (d); and
208

S 1173 OPS

1 (3) by striking subsection (f) and inserting the

2 following:

3 ‘‘(f) TRANSFERABILITY OF FUNDS.—

4 ‘‘(1) UNCONDITIONAL.—A State may transfer an

5 amount not to exceed 30 percent of the sums appor6 tioned to the State under subparagraphs (A) and (B)

7 of section 104(b)(1) to the apportionment of the State

8 under paragraphs (1)(C) and (3) of section 104(b).

9 ‘‘(2) UPON ACCEPTANCE OF CERTIFICATION.—If

10 a State certifies to the Secretary that any part of the

11 sums apportioned to the State under subparagraphs

12 (A) and (B) of section 104(b)(1) is in excess of the

13 needs of the State for resurfacing, restoring, rehabili14 tating, or reconstructing routes and bridges on the

15 Interstate System in the State and that the State is

16 adequately maintaining the routes and bridges, and

17 the Secretary accepts the certification, the State may

18 transfer, in addition to the amount authorized to be

19 transferred under paragraph (1), an amount not to

20 exceed 20 percent of the sums apportioned to the State

21 under subparagraphs (A) and (B) of section 104(b)(1)

22 to the apportionment of the State under paragraphs

23 (1)(C) and (3) of section 104(b).’’.

24 (b) ELIGIBILITY.—Section 119 of title 23, United

25 States Code, is amended—
209

S 1173 OPS

1 (1) in the first sentence of subsection (a), by

2 striking ‘‘and rehabilitating’’ and inserting ‘‘, reha3 bilitating, and reconstructing’’;

4 (2) by striking subsections (b), (c), (e), and (g);

5 (3) by inserting after subsection (a) the follow6 ing:

7 ‘‘(b) ELIGIBLE ACTIVITIES.—

8 ‘‘(1) IN GENERAL.—A State—

9 ‘‘(A) may use funds apportioned under sub10 paragraph (A) or (B) of section 104(b)(1) for re11 surfacing, restoring, rehabilitating, and recon12 structing routes on the Interstate System, includ13 ing—

14 ‘‘(i) resurfacing, restoring, rehabilitat15 ing, and reconstructing bridges, inter16 changes, and overcrossings;

17 ‘‘(ii) acquiring rights-of-way; and

18 ‘‘(iii) intelligent transportation system

19 capital improvements that are infrastruc20 ture-based to the extent that they improve

21 the performance of the Interstate System;

22 but

23 ‘‘(B) may not use the funds for construction

24 of new travel lanes other than high-occupancy

25 vehicle lanes or auxiliary lanes.
210

S 1173 OPS

1 ‘‘(2) EXPANSION OF CAPACITY.—

2 ‘‘(A) USING TRANSFERRED FUNDS.—Not3 withstanding paragraph (1), funds transferred

4 under subsection (c)(1) may be used for construc5 tion to provide for expansion of the capacity of

6 an Interstate System highway (including a

7 bridge).

8 ‘‘(B) USING FUNDS NOT TRANSFERRED.—

9 ‘‘(i) IN GENERAL.—In lieu of transfer10 ring funds under subsection (c)(1) and

11 using the transferred funds for the purpose

12 described in subparagraph (A), a State may

13 use an amount of the sums apportioned to

14 the State under subparagraph (A) or (B) of

15 section 104(b)(1) for the purpose described

16 in subparagraph (A).

17 ‘‘(ii) LIMITATION.—The sum of the

18 amount used under clause (i) and any

19 amount transferred under subsection (c)(1)

20 by a State may not exceed 30 percent of the

21 sums apportioned to the State under sub22 paragraphs (A) and (B) of section

23 104(b)(1).’’; and

24 (4) by redesignating subsection (f) as subsection

25 (c).
211

S 1173 OPS

1 (c) CONFORMING AMENDMENTS.—

2 (1) Section 119(a) of title 23, United States

3 Code, is amended in the first sentence by striking ‘‘;

4 except that the Secretary may only approve a project

5 pursuant to this subsection on a toll road if such road

6 is subject to a Secretarial agreement provided for in

7 subsection (e)’’.

8 (2) Section 1009(c)(2) of the Intermodal Surface

9 Transportation Efficiency Act of 1991 (23 U.S.C. 119

10 note; 105 Stat. 1934) is amended by striking ‘‘section

11 119(f)(1)’’ and inserting ‘‘section 119(c)(1)’’.

12 SEC. 1210. ENGINEERING COST REIMBURSEMENT.

13 Section 102(b) of title 23, United States Code, is

14 amended in the first sentence by inserting before the period

15 at the end the following: ‘‘unless, before the end of the 10-

16 year period, the State requests a longer period for com17 mencement of the construction or acquisition and the Sec18 retary determines that the request is reasonable’’.

19 CHAPTER 2—PROJECT APPROVAL

20 SEC. 1221. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.

21 Section 104 of title 23, United States Code (as amend22 ed by section 1118), is amended by inserting after sub23 section (k) the following:

24 ‘‘(l) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.—
212

S 1173 OPS

1 ‘‘(1) TRANSFER OF HIGHWAY FUNDS.—Funds

2 made available under this title and transferred for

3 transit projects shall be administered by the Secretary

4 in accordance with chapter 53 of title 49, except that

5 the provisions of this title relating to the non-Federal

6 share shall apply to the transferred funds.

7 ‘‘(2) TRANSFER OF TRANSIT FUNDS.—Funds

8 made available under chapter 53 of title 49 and

9 transferred for highway projects shall be administered

10 by the Secretary in accordance with this title, except

11 that the provisions of that chapter relating to the non12 Federal share shall apply to the transferred funds.

13 ‘‘(3) TRANSFER TO AMTRAK AND PUBLICLY14 OWNED PASSENGER RAIL LINES.—Funds made avail15 able under this title or chapter 53 of title 49 and

16 transferred to the National Railroad Passenger Cor17 poration or to any publicly-owned intercity or intra18 city passenger rail line shall be administered by the

19 Secretary in accordance with subtitle V of title 49, ex20 cept that the provisions of this title or chapter 53 of

21 title 49, as applicable, relating to the non-Federal

22 share shall apply to the transferred funds.

23 ‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.—

24 Obligation authority provided for projects described

25 in paragraphs (1) through (3) shall be transferred in
213

S 1173 OPS

1 the same manner and amount as the funds for the

2 projects are transferred.’’.

3 SEC. 1222. PROJECT APPROVAL AND OVERSIGHT.

4 (a) IN GENERAL.—Section 106 of title 23, United

5 States Code, is amended—

6 (1) by striking the section heading and inserting

7 the following:

8 ‘‘§ 106. Project approval and oversight’’;

9 (2) by redesignating subsections (e) and (f) as

10 subsections (g) and (h), respectively;

11 (3) by striking subsections (a) through (d) and

12 inserting the following:

13 ‘‘(a) IN GENERAL.—Except as otherwise provided in

14 this section, the State transportation department shall sub15 mit to the Secretary for approval such plans, specifications,

16 and estimates for each proposed project as the Secretary

17 may require. The Secretary shall act upon such plans, spec18 ifications, and estimates as soon as practicable after they

19 have been submitted, and shall enter into a formal project

20 agreement with the State transportation department for21 malizing the conditions of the project approval. The execu22 tion of such project agreement shall be deemed a contractual

23 obligation of the Federal Government for the payment of

24 its proportional contribution thereto. In taking such action,
214

S 1173 OPS

1 the Secretary shall be guided by the provisions of section

2 109 of this title.

3 ‘‘(b) PROJECT AGREEMENT.—The project agreement

4 shall make provision for State funds required for the State’s

5 pro rata share of the cost of construction of the project and

6 for the maintenance of the project after completion of con7 struction. The Secretary may rely upon representations

8 made by the State transportation department with respect

9 to the arrangements or agreements made by the State trans10 portation department and appropriate local officials where

11 a part of the project is to be constructed at the expense of,

12 or in cooperation with, local subdivisions of the State.

13 ‘‘(c) SPECIAL RULES FOR PROJECT OVERSIGHT.—

14 ‘‘(1) NHS PROJECTS.—Except as otherwise pro15 vided in subsection (d) of this section, the Secretary

16 may discharge to the State any of the Secretary’s re17 sponsibilities for the design, plans, specifications, esti18 mates, contract awards, and inspection of projects

19 under this title on the National Highway System. Be20 fore discharging responsibilities to the State, the Sec21 retary shall reach agreement with the State as to the

22 extent to which the State may assume the responsibil23 ities of the Secretary under this subsection. The Sec24 retary may not assume any greater responsibility

25 than the Secretary is permitted under this title as of
215

S 1173 OPS

1 September 30, 1997, except upon agreement by the

2 Secretary and the State.

3 ‘‘(2) NON-NHS PROJECTS.—For all projects

4 under this title that are off the National Highway

5 System, the State may request that the Secretary no

6 longer review and approve the design, plans, speci7 fications, estimates, contract awards, and inspection

8 of projects under this title. After receiving any such

9 request, the Secretary shall undertake project review

10 only as requested by the State.

11 ‘‘(d) RESPONSIBILITIES OF THE SECRETARY.—

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

13 nothing in this section, section 133, or section 149

14 shall affect or discharge any responsibility or obliga15 tion of the Secretary under any Federal law other

16 than this title.

17 ‘‘(2) LIMITATION.—Any responsibility or obliga18 tion of the Secretary under sections 113 and 114 of

19 this title shall not be affected and may not be dis20 charged under this section, section 133, or section

21 149.

22 ‘‘(e) VALUE ENGINEERING ANALYSIS.—In such cases

23 as the Secretary determines advisable, plans, specifications,

24 and estimates for proposed projects on any Federal-aid
216

S 1173 OPS

1 highway shall be accompanied by a value engineering or

2 other cost reduction analysis.

3 ‘‘(f) FINANCIAL PLAN.—The Secretary shall require a

4 financial plan to be prepared for any project with an esti5 mated total cost of $1,000,000,000 or more.’’.

6 (b) STANDARDS.—

7 (1) ELIMINATION OF GUIDELINES AND ANNUAL

8 CERTIFICATION REQUIREMENTS.—Section 109 of title

9 23, United States Code, is amended—

10 (A) by striking subsection (m); and

11 (B) by redesignating subsections (n)

12 through (q) as subsections (m) through (p), re13 spectively.

14 (2) SAFETY STANDARDS.—Section 109 of title

15 23, United States Code (as amended by paragraph

16 (1)), is amended by adding at the end the following:

17 ‘‘(q) PHASE CONSTRUCTION.—Safety considerations

18 for a project under this title may be met by phase construc19 tion.’’.

20 (c) PROGRAMS; PROJECT AGREEMENTS; CERTIFI21 CATION ACCEPTANCE.—Sections 110 and 117 of title 23,

22 United States Code, are repealed.

23 (d) CONFORMING AMENDMENTS.—

24 (1) The analysis for chapter 1 of title 23 is

25 amended—
217

S 1173 OPS

1 (A) by striking the item relating to section

2 106 and inserting the following:

‘‘106. Project approval and oversight.’’;

3 and

4 (B) by striking the items relating to sections

5 110 and 117.

6 (2) Section 101(a) of title 23, United States

7 Code, is amended in the undesignated paragraph de8 fining ‘‘project agreement’’ by striking ‘‘the provisions

9 of subsection (a) of section 110 of this title’’ and in10 serting ‘‘section 106’’.

11 (3) Section 114(a) of title 23, United States

12 Code, is amended in the second sentence by striking

13 ‘‘section 117 of this title’’ and inserting ‘‘section 106’’.

14 SEC. 1223. SURFACE TRANSPORTATION PROGRAM.

15 (a) TRANSPORTATION ENHANCEMENT ACTIVITIES.—

16 Section 133 of title 23, United States Code, is amended—

17 (1) in subsection (d)—

18 (A) in paragraph (2), by striking ‘‘10’’ and

19 inserting ‘‘8’’; and

20 (B) in the first sentence of paragraph

21 (3)(A), by striking ‘‘80’’ and inserting ‘‘82’’; and

22 (2) in subsection (e)—

23 (A) in paragraph (3)(B)(i), by striking ‘‘if

24 the Secretary’’ and all that follows through ‘‘ac25 tivities’’; and
218

S 1173 OPS

1 (B) in paragraph (5), by adding at the end

2 the following:

3 ‘‘(C) INNOVATIVE FINANCING.—

4 ‘‘(i) IN GENERAL.—For each fiscal

5 year, the average annual non-Federal share

6 of the total cost of all projects to carry out

7 transportation enhancement activities in a

8 State shall be not less than the non-Federal

9 share authorized for the State under section

10 120(b).

11 ‘‘(ii) EXCEPTION.—Subject to clause

12 (i), notwithstanding section 120, in the case

13 of projects to carry out transportation en14 hancement activities—

15 ‘‘(I) funds from other Federal

16 agencies, and other contributions that

17 the Secretary determines are of value,

18 may be credited toward the non-Fed19 eral share of project costs;

20 ‘‘(II) the non-Federal share may

21 be calculated on a project, multiple22 project, or program basis; and

23 ‘‘(III) the Federal share of the cost

24 of an individual project subject to sub-
219

S 1173 OPS

1 clause (I) or (II) may be equal to 100

2 percent.’’.

3 (b) PROGRAM APPROVAL.—Section 133(e) of title 23,

4 United States Code, is amended by striking paragraph (2)

5 and inserting the following:

6 ‘‘(2) PROGRAM APPROVAL.—

7 ‘‘(A) SUBMISSION OF PROJECT AGREE8 MENT.—For each fiscal year, each State shall

9 submit a project agreement that—

10 ‘‘(i) certifies that the State will meet

11 all the requirements of this section; and

12 ‘‘(ii) notifies the Secretary of the

13 amount of obligations needed to carry out

14 the program under this section.

15 ‘‘(B) REQUEST FOR ADJUSTMENTS OF

16 AMOUNTS.—As necessary, each State shall re17 quest from the Secretary adjustments to the

18 amount of obligations referred to in subpara19 graph (A)(ii).

20 ‘‘(C) EFFECT OF APPROVAL BY THE SEC21 RETARY.—Approval by the Secretary of a project

22 agreement under subparagraph (A) shall be

23 deemed a contractual obligation of the United

24 States to pay surface transportation program

25 funds made available under this title.’’.
220

S 1173 OPS

1 (c) PAYMENTS.—Section 133(e)(3)(A) of title 23,

2 United States Code, is amended by striking the second sen3 tence.

4 (d) DEFINITION OF TRANSPORTATION ENHANCEMENT

5 ACTIVITIES.—Section 101(a) of title 23, United States

6 Code, is amended in the undesignated paragraph defining

7 ‘‘transportation enhancement activities’’ by striking ‘‘scenic

8 or historic highway programs,’’ and inserting ‘‘scenic or

9 historic highway programs (including the provision of tour10 ist and welcome center facilities),’’.

11 SEC. 1224. DESIGN-BUILD CONTRACTING.

12 (a) AUTHORITY.—Section 112(b) of title 23, United

13 States Code, is amended—

14 (1) in the first sentence of paragraph (1), by

15 striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs

16 (2) and (3)’’;

17 (2) in paragraph (2)(A), by striking ‘‘Each’’ and

18 inserting ‘‘Subject to paragraph (3), each’’; and

19 (3) by adding at the end the following:

20 ‘‘(3) DESIGN-BUILD CONTRACTING.—

21 ‘‘(A) IN GENERAL.—A State transportation

22 department may award a contract for the design

23 and construction of a qualified project described

24 in subparagraph (B) using competitive bidding
221

S 1173 OPS

1 procedures approved by the Secretary in accord2 ance with subparagraph (C).

3 ‘‘(B) QUALIFIED PROJECTS.—A qualified

4 project referred to in subparagraph (A) is a

5 project under this chapter that involves installa6 tion of an intelligent transportation system or

7 that consists of a usable project segment and for

8 which—

9 ‘‘(i) the Secretary has approved the use

10 of design-build contracting described in sub11 paragraph (A) under criteria specified in

12 regulations promulgated by the Secretary;

13 and

14 ‘‘(ii) the total costs are estimated to ex15 ceed—

16 ‘‘(I) in the case of a project that

17 involves installation of an intelligent

18 transportation system, $5,000,000; and

19 ‘‘(II) in the case of a usable

20 project segment, $50,000,000.

21 ‘‘(C) PROCEDURES THAT MAY BE AP22 PROVED.—Under subparagraph (A), the Sec23 retary may approve, for use by a State, only

24 procedures that consist of—
222

S 1173 OPS

1 ‘‘(i) formal design-build contracting

2 procedures specified in a State statute; or

3 ‘‘(ii) in the case of a State that does

4 not have a statute described in clause (i),

5 the design-build selection procedures author6 ized under section 303M of the Federal

7 Property and Administrative Services Act

8 of 1949 (41 U.S.C. 253m).’’.

9 (b) COMPETITIVE BIDDING DEFINED.—Section 112 of

10 title 23, United States Code, is amended by striking sub11 section (f) and inserting the following:

12 ‘‘(f) COMPETITIVE BIDDING DEFINED.—In this sec13 tion, the term ‘competitive bidding’ means the procedures

14 used to award contracts for engineering and design services

15 under subsection (b)(2) and design-build contracts under

16 subsection (b)(3).’’.

17 (c) REGULATIONS.—

18 (1) IN GENERAL.—Not later than the effective

19 date specified in subsection (e), the Secretary shall

20 promulgate regulations to carry out the amendments

21 made by this section.

22 (2) CONTENTS.—The regulations shall—

23 (A) identify the criteria to be used by the

24 Secretary in approving the use by a State trans-
223

S 1173 OPS

1 portation department of design-build contract2 ing; and

3 (B) establish the procedures to be followed

4 by a State transportation department for obtain5 ing the Secretary’s approval of the use of design6 build contracting by the department and the

7 competitive bidding procedures used by the de8 partment.

9 (d) EFFECT ON EXPERIMENTAL PROGRAM.—Nothing

10 in this section or the amendments made by this section af11 fects the authority to carry out, or any project carried out

12 under, any experimental program concerning design-build

13 contracting that is being carried out by the Secretary as

14 of the date of enactment of this Act.

15 (e) EFFECTIVE DATE FOR AMENDMENTS.—The

16 amendments made by this section take effect 2 years after

17 the date of enactment of this Act.

18 SEC. 1225. INTEGRATED DECISIONMAKING PROCESS.

19 (a) IN GENERAL.—Subchapter III of chapter 3 of title

20 49, United States Code, is amended by adding at the end

21 the following:

22 ‘‘§ 354. Integrated decisionmaking process

23 ‘‘(a) DEFINITIONS.—In this section:

24 ‘‘(1) INTEGRATED DECISIONMAKING PROCESS.—

25 The term ‘integrated decisionmaking process’ means
224

S 1173 OPS

1 the integrated decisionmaking process established with

2 respect to a surface transportation project under sub3 section (b).

4 ‘‘(2) NEPA PROCESS.—The term ‘NEPA process’

5 means the process of complying with the requirements

6 of the National Environmental Policy Act of 1969 (42

7 U.S.C. 4321 et seq.) with respect to a surface trans8 portation project.

9 ‘‘(3) SECRETARY.—The term ‘Secretary’ means

10 the Secretary of Transportation.

11 ‘‘(4) SURFACE TRANSPORTATION PROJECT.—The

12 term ‘surface transportation project’ means—

13 ‘‘(A) a highway construction project that is

14 subject to the approval of the Secretary under

15 title 23; and

16 ‘‘(B) a capital project (as defined in section

17 5302(a)(1)).

18 ‘‘(5) CONCURRENT PROCESSING.—The term ‘con19 current processing’ means to the fullest extent prac20 ticable, and to the extent otherwise required, agencies

21 shall prepare environmental impact statements and

22 environmental assessments concurrently with and in23 tegrated with environmental analyses and related sur24 veys and studies required by the Fish and Wildlife

25 Coordination Act (16 U.S.C. 661 et seq.), the Na-
225

S 1173 OPS

1 tional Historic Preservation Act of 1966 (16 U.S.C.

2 470 et seq.), the Endangered Species Act of 1973 (16

3 U.S.C. 1531 et seq.) and other environmental review

4 laws and executive orders.

5 ‘‘(b) ESTABLISHMENT OF INTEGRATED DECISION6 MAKING PROCESSES FOR SURFACE TRANSPORTATION

7 PROJECTS.—The Secretary shall—

8 ‘‘(1) establish an integrated decisionmaking

9 process for surface transportation projects that des10 ignates major decision points likely to have signifi11 cant environmental effects and conflicts; and

12 ‘‘(2) integrate the requirements of the National

13 Environmental Policy Act of 1969 (42 U.S.C. 4321 et

14 seq.) for surface transportation projects at the earliest

15 possible time, including, to the extent appropriate, at

16 the planning stage with the agreement of the State

17 transportation agencies and the cooperating agencies.

18 ‘‘(c) INTEGRATED DECISIONMAKING GOALS.—The in19 tegrated decisionmaking process for surface transportation

20 projects should, to the maximum extent practicable, accom21 plish the following major goals:

22 ‘‘(1) Integrate the NEPA process for surface

23 transportation projects at the earliest possible time.

24 ‘‘(2) Integrate all applicable Federal, State, trib25 al, and local permitting requirements.
226

S 1173 OPS

1 ‘‘(3) Integrate national transportation, social,

2 safety, economic, and environmental goals with State,

3 tribal, and local land use and growth management

4 initiatives, economic development and transportation

5 initiatives.

6 ‘‘(4) Consolidate Federal, State, tribal, and local

7 decisionmaking to achieve the best overall public in8 terest according to an agreed schedule.

9 ‘‘(d) STREAMLINING.—

10 ‘‘(1) AVOIDANCE OF DELAYS, PREVENTION OF

11 CONFLICTS, AND ELIMINATION OF UNNECESSARY DU12 PLICATION.—The Secretary shall design the integrated

13 decisionmaking process to avoid delays in decision14 making, prevent conflicts between cooperating agen15 cies and members of the public, and eliminate unnec16 essary duplication of review and decisionmaking re17 lating to surface transportation projects.

18 ‘‘(2) INTEGRATION; COMPREHENSIVE PROCESS.—

19 The NEPA process—

20 ‘‘(A) shall be integrated for surface trans21 portation projects by Federal, State, tribal, and

22 local transportation agencies; and

23 ‘‘(B) serve as a comprehensive decision24 making process.

25 ‘‘(3) OTHER REQUIREMENTS.—
227

S 1173 OPS

1 ‘‘(A) IN GENERAL.—The Secretary shall—

2 ‘‘(i) establish a concurrent transpor3 tation and environmental coordination

4 process to reduce paperwork, combine re5 view documents, and eliminate duplicative

6 reviews;

7 ‘‘(ii) develop interagency agreements to

8 streamline and improve interagency coordi9 nation and processing time;

10 ‘‘(iii) apply strategic and pro11 grammatic approaches to better integrate

12 and expedite the NEPA process and trans13 portation decisionmaking; and

14 ‘‘(iv) ensure, in appropriate cases, by

15 conducting concurrent reviews whenever

16 possible, that any analyses and reviews con17 ducted by the Secretary consider the needs

18 of other reviewing agencies.

19 ‘‘(B) TIME SCHEDULES.—To comply with

20 subparagraph (A)(ii), time schedules shall be

21 consistent with sections 1501.8 and 1506.10 of

22 title 40, Code of Federal Regulations (or any

23 successor regulations).

24 ‘‘(4) CONCURRENT PROCESSING.—
228

S 1173 OPS

1 ‘‘(A) IN GENERAL.—The integrated deci2 sionmaking process shall, to the extent prac3 ticable, include a procedure to provide for con4 current processing of all Federal, State, tribal,

5 and local reviews and decisions emanating from

6 those reviews.

7 ‘‘(B) INCONSISTENCY WITH OTHER RE8 QUIREMENTS.—Subparagraph (A) does not re9 quire concurrent review if concurrent review

10 would be inconsistent with other statutory or

11 regulatory requirements.

12 ‘‘(e) INTERAGENCY COOPERATION.—

13 ‘‘(1) LEAD AND COOPERATING AGENCY CON14 CEPTS.—The lead and cooperating agency concepts of

15 section 1501 of title 40, Code of Federal Regulations

16 (or any successor regulation), shall be considered es17 sential elements to ensure integration of transpor18 tation decisionmaking.

19 ‘‘(2) RESPONSIBILITIES.—The Secretary shall—

20 ‘‘(A) not later than 60 days after the date

21 on which a surface transportation project is se22 lected for study by a State, identify each Federal

23 agency that may be required to participate in

24 the integrated decisionmaking process relating to
229

S 1173 OPS

1 the surface transportation project and notify the

2 agency of the surface transportation project;

3 ‘‘(B) afford State, regional, tribal, and local

4 governments with decisionmaking authority on

5 surface transportation projects the opportunity

6 to serve as cooperating agencies;

7 ‘‘(C) provide cooperating agencies and the

8 public on request the results of any analysis or

9 other information related to a surface transpor10 tation project;

11 ‘‘(D) host an early scoping meeting for Fed12 eral agencies and, when appropriate, conduct

13 field reviews, as soon as practicable in the envi14 ronmental review process;

15 ‘‘(E) solicit from each cooperating agency

16 as early as practicable the data and analyses

17 necessary to facilitate execution of the duties of

18 each cooperating agency;

19 ‘‘(F) use, to the maximum extent possible,

20 scientific, technical, and environmental data and

21 analyses previously prepared by or for other

22 Federal, State, tribal, or local agencies, after an

23 independent evaluation by the Secretary of the

24 data and analyses;
230

S 1173 OPS

1 ‘‘(G) jointly, with the cooperating agencies,

2 host public meetings and other community par3 ticipation processes; and

4 ‘‘(H) ensure that the NEPA process and

5 documentation provide all necessary information

6 for the cooperating agency to—

7 ‘‘(i) discharge the responsibilities of the

8 cooperating agency under the National En9 vironmental Policy Act of 1969 (42 U.S.C.

10 4321 et seq.) and other law; and

11 ‘‘(ii) take action on approvals, permits,

12 licenses, and clearances.

13 ‘‘(f) ENHANCED SCOPING PROCESS.—During the

14 scoping process for a surface transportation project, in ad15 dition to other statutory and regulatory requirements, the

16 Secretary shall, to the extent practicable—

17 ‘‘(1) provide the public with clearly understand18 able milestones that occur during an integrated deci19 sionmaking process;

20 ‘‘(2) ensure that all agencies with jurisdiction by

21 law or with special expertise have sufficient informa22 tion and data to discharge their responsibilities;

23 ‘‘(3) ensure that all agencies with jurisdiction by

24 law or with special expertise, and the public, are in25 vited to participate in the initial scoping process;
231

S 1173 OPS

1 ‘‘(4) coordinate with other agencies to ensure

2 that the agencies provide to the Secretary, not later

3 than 30 days after the first interagency scoping meet4 ing, any preliminary concerns about how the pro5 posed project may affect matters within their jurisdic6 tion or special expertise based on information avail7 able at the time of the scoping meeting; and

8 ‘‘(5) in cooperation with all cooperating agen9 cies, develop a schedule for conducting all necessary

10 environmental and other review processes and assure

11 early consideration of alternatives to a proposed

12 project, including alternatives that address transpor13 tation demand consistent with section 134(i)(3) of

14 title 23, United States Code.

15 ‘‘(g) USE OF TITLE 23 FUNDS.—

16 ‘‘(1) USE BY STATES.—A State may use funds

17 made available under section 104(b) or 105 of title 23

18 or section 1102(c) of the Intermodal Surface Trans19 portation Efficiency Act of 1998 to provide resources

20 to Federal or State agencies involved in the review or

21 permitting process for a surface transportation

22 project in order to meet a time schedule established

23 under this section.

24 ‘‘(2) AMOUNT.—Funds may be provided under

25 paragraph (1) in the amount by which the cost to
232

S 1173 OPS

1 complete a environmental review in accordance with

2 a time schedule established under this section exceeds

3 the cost that would be incurred if there were no such

4 time schedule.

5 ‘‘(3) NOT FINAL AGENCY ACTION.—The provision

6 of funds under paragraph (1) does not constitute a

7 final agency action.

8 ‘‘(h) STATE ROLE.—

9 ‘‘(1) IN GENERAL.—For any project eligible for

10 assistance under chapter 1 of title 23, a State may

11 require, by law or agreement that has been developed

12 with public involvement coordinating with all related

13 State agencies, that all State agencies that—

14 ‘‘(A) have jurisdiction by Federal or State

15 law over environmental, growth management, or

16 land-use related issues that may be affected by a

17 surface transportation project; or

18 ‘‘(B) have responsibility for issuing any en19 vironment related reviews, analyses, opinions, or

20 determinations;

21 be subject to the coordinated environmental review

22 process provided under this section in issuing any

23 analyses or approvals or taking any other action re24 lating to the project.
233

S 1173 OPS

1 ‘‘(2) ALL AGENCIES.—If a State requires that

2 any State agency participate in a coordinated envi3 ronmental review process, the State shall require all

4 affected State agencies to participate.

5 ‘‘(i) EARLY ACTION REGARDING POTENTIALLY INSUR6 MOUNTABLE OBSTACLES.—If, at any time during the inte7 grated decisionmaking process for a proposed surface trans8 portation project, a cooperating agency determines that

9 there is any potentially insurmountable obstacle associated

10 with any of the alternative transportation projects that

11 might be undertaken to address the obstacle, the Secretary

12 shall—

13 ‘‘(1) convene a meeting among the cooperating

14 agencies to address the obstacle;

15 ‘‘(2) initiate conflict resolution efforts under sub16 section (j); or

17 ‘‘(3) eliminate from consideration the alternative

18 transportation project with which the obstacle is asso19 ciated.

20 ‘‘(j) CONFLICT RESOLUTION.—

21 ‘‘(1) FORUM.—The NEPA process shall be used

22 as a forum to coordinate the actions of Federal, State,

23 regional, tribal, and local agencies, the private sector,

24 and the public to develop and shape surface transpor25 tation projects.
234

S 1173 OPS

1 ‘‘(2) APPROACHES.—In addition to existing for2 mal public participation opportunities, collaborative,

3 problem solving, and consensus building approaches

4 shall be used, to the extent appropriate (and, when

5 appropriate, mediation may be used) to implement

6 the integrated decisionmaking process with a goal of

7 appropriately considering factors relating to trans8 portation development, economic prosperity, protec9 tion of public health and the environment, community

10 and neighborhood preservation, and quality of life for

11 present and future generations.

12 ‘‘(3) UNRESOLVED ISSUES.—

13 ‘‘(A) NOTIFICATION.—If, before the final

14 transportation NEPA document is approved—

15 ‘‘(i) an issue remains unresolved be16 tween the lead Federal agency and the co17 operating agency; and

18 ‘‘(ii) efforts have been exhausted to re19 solve the issue at the field levels of each

20 agency—

21 ‘‘(I) within the applicable time22 frame of the interagency schedule es23 tablished under subsection (f)(5); or

24 ‘‘(II) if no timeframe is estab25 lished, within 90 days;
235

S 1173 OPS

1 the field level officer of the lead agency shall no2 tify the field level officer of the cooperating agen3 cy that the field level officer of the lead agency

4 intends to bring the issue to the personal atten5 tion of the heads of the agencies.

6 ‘‘(B) EFFORTS BY THE AGENCY HEADS.—

7 The head of the lead agency shall contact the

8 head of the cooperating agency and attempt to

9 resolve the issue within 30 days after notifica10 tion by the field level officer of the unresolved

11 issue.

12 ‘‘(C) CONSULTATION WITH CEQ.—The heads

13 of the agencies are encouraged to consult with the

14 Chair of the Council on Environmental Quality

15 during the 30-day period under subparagraph

16 (B).

17 ‘‘(D) FAILURE TO RESOLVE.—If the heads

18 of the agencies do not resolve the issue within the

19 time specified in subparagraph (B), the referral

20 process under part 1504 of title 40, Code of Fed21 eral Regulations (or any successor regulation),

22 shall be initiated with respect to the issue.

23 ‘‘(k) JUDICIAL REVIEW.—Nothing in this section af24 fects the reviewability of any final agency action in a dis25 trict court of the United States or any State court.
236

S 1173 OPS

1 ‘‘(l) STATUTORY CONSTRUCTION.—Nothing in this sec2 tion affects—

3 ‘‘(1) the applicability of the requirements of the

4 National Environmental Policy Act of 1969 (42

5 U.S.C. 4321 et seq.) or any other statute; or

6 ‘‘(2) the responsibility of any Federal, State,

7 tribal, or local officer to comply with or enforce any

8 statute or regulation.’’.

9 (b) TIMETABLE; REPORT TO CONGRESS.—The Sec10 retary, in consultation with the Chair of the Council on

11 Environmental Quality and after notice and opportunity

12 for public comment—

13 (1) not later than 180 days after the date of en14 actment of this Act, shall design the integrated deci15 sionmaking process required by the amendment made

16 by subsection (a) consistent with part 1501, et seq.,

17 of title 40 of the Code of Federal Regulations;

18 (2) not later than 1 year after the date of enact19 ment of this Act, shall promulgate a regulation gov20 erning implementation of an integrated decision21 making process in accordance with the amendment

22 made by subsection (a); and

23 (3) not later than 2 years after the date of enact24 ment of this Act, shall submit to Congress a report

25 identifying any additional legislative or other solu-
237

S 1173 OPS

1 tions that would further enhance the integrated deci2 sionmaking process.

3 (c) Section 112 of title 23, United States Code, is

4 amended by adding at the end the following new subsection:

5 ‘‘(g) SELECTION PROCESS.—It shall not be considered

6 to be a conflict of interest, as defined under section 1.33

7 of title 23, Code of Federal Regulations, for a State to pro8 cure, under a single contract, the services of a consultant

9 to prepare any environmental assessments or analyses re10 quired, including environmental impact statements, as well

11 as subsequent engineering and design work on the same

12 project: Provided, That the State has conducted an inde13 pendent multi-disciplined review that assesses the objectiv14 ity of any analysis, environmental assessment or environ15 mental impact statement prior to its submission to the

16 agency that approves the project.

17 (d) CONFORMING AMENDMENT.—The analysis for sub18 chapter III of chapter 3 of title 49, United States Code,

19 is amended by adding at the end the following:

‘‘354. Integrated decisionmaking process.’’.

20 CHAPTER 3—ELIGIBILITY AND

21 FLEXIBILITY

22 SEC. 1231. DEFINITION OF OPERATIONAL IMPROVEMENT.

23 Section 101(a) of title 23, United States Code, is

24 amended by striking the undesignated paragraph defining

25 ‘‘operational improvement’’ and inserting the following:
238

S 1173 OPS

1 ‘‘The term ‘operational improvement’ means the in2 stallation, operation, or maintenance, in accordance with

3 subchapter II of chapter 5, of public infrastructure to sup4 port intelligent transportation systems and includes the in5 stallation or operation of any traffic management activity,

6 communication system, or roadway weather information

7 and prediction system, and any other improvement that the

8 Secretary may designate that enhances roadway safety and

9 mobility during adverse weather.’’.

10 SEC. 1232. ELIGIBILITY OF FERRY BOATS AND FERRY TER11 MINAL FACILITIES.

12 (a) IN GENERAL.—Section 129(c) of title 23, United

13 States Code, is amended by inserting ‘‘in accordance with

14 sections 103, 133, and 149,’’ after ‘‘toll or free,’’.

15 (b) NATIONAL HIGHWAY SYSTEM.—Section 103(b)(5)

16 of title 23, United States Code (as amended by section

17 1234), is amended by adding at the end the following:

18 ‘‘(R) Construction of ferry boats and ferry

19 terminal facilities, if the conditions described in

20 section 129(c) are met.’’.

21 (c) SURFACE TRANSPORTATION PROGRAM.—Section

22 133(b) of title 23, United States Code, is amended by add23 ing at the end the following:
239

S 1173 OPS

1 ‘‘(12) Construction of ferry boats and ferry ter2 minal facilities, if the conditions described in section

3 129(c) are met.’’.

4 (d) CONGESTION MITIGATION AND AIR QUALITY IM5 PROVEMENT PROGRAM.—Section 149(b) of title 23, United

6 States Code, is amended—

7 (1) in paragraph (3), by striking ‘‘or’’ at the

8 end;

9 (2) in paragraph (4), by striking the period at

10 the end and inserting ‘‘; or’’; and

11 (3) by inserting after paragraph (4) the follow12 ing:

13 ‘‘(5) if the project or program is to construct a

14 ferry boat or ferry terminal facility and if the condi15 tions described in section 129(c) are met.’’.

16 SEC. 1233. FLEXIBILITY OF SAFETY PROGRAMS.

17 Section 133(d) of title 23, United States Code, is

18 amended by striking paragraph (1) and inserting the fol19 lowing:

20 ‘‘(1) SAFETY PROGRAMS.—

21 ‘‘(A) IN GENERAL.—With respect to funds

22 apportioned for each of fiscal years 1998 through

23 2003—

24 ‘‘(i) an amount equal to 2 percent of

25 the amount apportioned to a State under
240

S 1173 OPS

1 section 104(b)(3) shall be available only to

2 carry out activities eligible under section

3 130;

4 ‘‘(ii) an amount equal to 2 percent of

5 the amount apportioned to a State under

6 section 104(b)(3) shall be available only to

7 carry out activities eligible under section

8 152; and

9 ‘‘(iii) an amount equal to 6 percent of

10 the amount apportioned to a State under

11 section 104(b)(3) shall be available only to

12 carry out activities eligible under section

13 130 or 152.

14 ‘‘(B) TRANSFER OF FUNDS.—If a State cer15 tifies to the Secretary that any part of the

16 amount set aside by the State under subpara17 graph (A)(i) is in excess of the needs of the State

18 for activities under section 130 and the Sec19 retary accepts the certification, the State may

20 transfer that excess part to the set-aside of the

21 State under subparagraph (A)(ii).

22 ‘‘(C) TRANSFERS TO OTHER SAFETY PRO23 GRAMS.—A State may transfer funds set aside

24 under subparagraph (A)(iii) to the apportion25 ment of the State under section 402 or the allo-
241

S 1173 OPS

1 cation of the State under section 31104 of title

2 49.’’.

3 SEC. 1234. ELIGIBILITY OF PROJECTS ON THE NATIONAL

4 HIGHWAY SYSTEM.

5 Section 103(b) of title 23, United States Code (as

6 amended by section 1701(a)), is amended by adding at the

7 end the following:

8 ‘‘(5) ELIGIBLE PROJECTS FOR NHS.—Subject to

9 approval by the Secretary, funds apportioned to a

10 State under section 104(b)(1)(C) for the National

11 Highway System may be obligated for any of the fol12 lowing:

13 ‘‘(A) Construction, reconstruction, resur14 facing, restoration, and rehabilitation of seg15 ments of the National Highway System.

16 ‘‘(B) Operational improvements for seg17 ments of the National Highway System.

18 ‘‘(C) Construction of, and operational im19 provements for, a Federal-aid highway not on

20 the National Highway System, construction of a

21 transit project eligible for assistance under chap22 ter 53 of title 49, and capital improvements to

23 any National Railroad Passenger Corporation

24 passenger rail line or any publicly-owned inter25 city passenger rail line, if—
242

S 1173 OPS

1 ‘‘(i) the highway, transit, or rail

2 project is in the same corridor as, and in

3 proximity to, a fully access-controlled high4 way designated as a part of the National

5 Highway System;

6 ‘‘(ii) the construction or improvements

7 will improve the level of service on the fully

8 access-controlled highway described in

9 clause (i) and improve regional traffic flow;

10 and

11 ‘‘(iii) the construction or improvements

12 are more cost-effective than an improvement

13 to the fully access-controlled highway de14 scribed in clause (i).

15 ‘‘(D) Highway safety improvements for seg16 ments of the National Highway System.

17 ‘‘(E) Transportation planning in accord18 ance with sections 134 and 135.

19 ‘‘(F) Highway research and planning in ac20 cordance with chapter 5.

21 ‘‘(G) Highway-related technology transfer

22 activities.

23 ‘‘(H) Capital and operating costs for traffic

24 monitoring, management, and control facilities

25 and programs.
243

S 1173 OPS

1 ‘‘(I) Fringe and corridor parking facilities.

2 ‘‘(J) Carpool and vanpool projects.

3 ‘‘(K) Bicycle transportation and pedestrian

4 walkways in accordance with section 217.

5 ‘‘(L) Development, establishment, and im6 plementation of management systems under sec7 tion 303.

8 ‘‘(M) In accordance with all applicable Fed9 eral law (including regulations), participation

10 in natural habitat and wetland mitigation ef11 forts related to projects funded under this title,

12 which may include participation in natural

13 habitat and wetland mitigation banks, contribu14 tions to statewide and regional efforts to con15 serve, restore, enhance, and create natural habi16 tats and wetland, and development of statewide

17 and regional natural habitat and wetland con18 servation and mitigation plans, including any

19 such banks, efforts, and plans authorized under

20 the Water Resources Development Act of 1990

21 (Public Law 101–640) (including crediting pro22 visions). Contributions to the mitigation efforts

23 described in the preceding sentence may take

24 place concurrent with or in advance of project

25 construction, except that contributions in ad-
244

S 1173 OPS

1 vance of project construction may occur only if

2 the efforts are consistent with all applicable re3 quirements of Federal law (including regula4 tions) and State transportation planning proc5 esses. With respect to participation in a natural

6 habitat or wetland mitigation effort related to a

7 project funded under this title that has an im8 pact that occurs within the service area of a

9 mitigation bank, preference shall be given, to the

10 maximum extent practicable, to the use of the

11 mitigation bank if the bank contains sufficient

12 available credits to offset the impact and the

13 bank is approved in accordance with the Federal

14 Guidance for the Establishment, Use and Oper15 ation of Mitigation Banks (60 Fed. Reg. 58605

16 (November 28, 1995)) or other applicable Federal

17 law (including regulations).

18 ‘‘(N) Publicly-owned intracity or intercity

19 passenger rail or bus terminals, including termi20 nals of the National Railroad Passenger Cor21 poration and publicly-owned intermodal surface

22 freight transfer facilities, other than seaports and

23 airports, if the terminals and facilities are lo24 cated on or adjacent to National Highway Sys25 tem routes or connections to the National High-
245

S 1173 OPS

1 way System selected in accordance with para2 graph (2).

3 ‘‘(O) Infrastructure-based intelligent trans4 portation systems capital improvements.

5 ‘‘(P) In the Virgin Islands, Guam, Amer6 ican Samoa, and the Commonwealth of the

7 Northern Mariana Islands, any project eligible

8 for funding under section 133, any airport, and

9 any seaport.

10 ‘‘(Q) Publicly owned components of mag11 netic levitation transportation systems.’’.

12 SEC. 1235. ELIGIBILITY OF PROJECTS UNDER THE SURFACE

13 TRANSPORTATION PROGRAM.

14 Section 133(b) of title 23, United States Code (as

15 amended by section 1232(c)), is amended—

16 (1) in paragraph (2), by striking ‘‘and publicly

17 owned intracity or intercity bus terminals and facili18 ties’’ and inserting ‘‘, including vehicles and facili19 ties, whether publicly or privately owned, that are

20 used to provide intercity passenger service by bus or

21 rail’’;

22 (2) in paragraph (3)—

23 (A) by striking ‘‘and bicycle’’ and inserting

24 ‘‘bicycle’’; and
246

S 1173 OPS

1 (B) by inserting before the period at the end

2 the following: ‘‘, and the modification of public

3 sidewalks to comply with the Americans with

4 Disabilities Act of 1990 (42 U.S.C. 12101 et

5 seq.)’’;

6 (3) in paragraph (4)—

7 (A) by inserting ‘‘, publicly owned pas8 senger rail,’’ after ‘‘Highway’’;

9 (B) by inserting ‘‘infrastructure’’ after

10 ‘‘safety’’; and

11 (C) by inserting before the period at the end

12 the following: ‘‘, and any other noninfrastructure

13 highway safety improvements’’;

14 (4) in paragraph (11)—

15 (A) in the first sentence—

16 (i) by inserting ‘‘natural habitat and’’

17 after ‘‘participation in’’ each place it ap18 pears;

19 (ii) by striking ‘‘enhance and create’’

20 and inserting ‘‘enhance, and create natural

21 habitats and’’; and

22 (iii) by inserting ‘‘natural habitat

23 and’’ before ‘‘wetlands conservation’’; and

24 (B) by adding at the end the following:

25 ‘‘With respect to participation in a natural
247

S 1173 OPS

1 habitat or wetland mitigation effort related to a

2 project funded under this title that has an im3 pact that occurs within the service area of a

4 mitigation bank, preference shall be given, to the

5 maximum extent practicable, to the use of the

6 mitigation bank if the bank contains sufficient

7 available credits to offset the impact and the

8 bank is approved in accordance with the Federal

9 Guidance for the Establishment, Use and Oper10 ation of Mitigation Banks (60 Fed. Reg. 58605

11 (November 28, 1995)) or other applicable Federal

12 law (including regulations).’’; and

13 (5) in subsection (b)(9), by striking ‘‘section

14 108(f)(1)(A) (other than clauses (xii) and (xvi)) of the

15 Clean Air Act’’ and inserting ‘‘section 108(f)(1)(A)

16 (other than clause (xvi)) of the Clean Air Act (42

17 U.S.C. 7408(f)(1)(A))’’;

18 (6) by adding at the end the following:

19 ‘‘(13) Publicly owned intercity passenger rail in20 frastructure, including infrastructure owned by the

21 National Railroad Passenger Corporation.

22 ‘‘(14) Publicly owned passenger rail vehicles, in23 cluding vehicles owned by the National Railroad Pas24 senger Corporation.
248

S 1173 OPS

1 ‘‘(15) Infrastructure-based intelligent transpor2 tation systems capital improvements.

3 ‘‘(16) Publicly owned components of magnetic

4 levitation transportation systems.

5 ‘‘(17) Environmental restoration and pollution

6 abatement projects (including the retrofit or construc7 tion of storm water treatment systems) to address

8 water pollution or environmental degradation caused

9 or contributed to by transportation facilities, which

10 projects shall be carried out when the transportation

11 facilities are undergoing reconstruction, rehabilita12 tion, resurfacing, or restoration; except that the ex13 penditure of funds under this section for any such en14 vironmental restoration or pollution abatement

15 project shall not exceed 20 percent of the total cost of

16 the reconstruction, rehabilitation, resurfacing, or res17 toration project.’’.

18 SEC. 1236. DESIGN FLEXIBILITY.

19 Section 109 of title 23, United States Code, is amended

20 by striking subsection (a) and inserting the following:

21 ‘‘(a) IN GENERAL.—

22 ‘‘(1) REQUIREMENTS FOR FACILITIES.—The Sec23 retary shall ensure that the plans and specifications

24 for each proposed highway project under this chapter

25 provide for a facility that will—
249

S 1173 OPS

1 ‘‘(A) adequately serve the existing traffic of

2 the highway in a manner that is conducive to

3 safety, durability, and economy of maintenance;

4 and

5 ‘‘(B) be designed and constructed in accord6 ance with criteria best suited to accomplish the

7 objectives described in subparagraph (A) and to

8 conform to the particular needs of each locality.

9 ‘‘(2) CONSIDERATION OF PLANNED FUTURE

10 TRAFFIC DEMANDS.—In carrying out paragraph (1),

11 the Secretary shall ensure the consideration of the

12 planned future traffic demands of the facility.’’.

13 Subtitle C—Finance

14 CHAPTER 1—GENERAL PROVISIONS

15 SEC. 1301. STATE INFRASTRUCTURE BANK PROGRAM.

16 (a) IN GENERAL.—Chapter 1 of title 23, United States

17 Code, is amended by adding at the end the following:

18 ‘‘§ 162. State infrastructure bank program

19 ‘‘(a) DEFINITIONS.—In this section:

20 ‘‘(1) OTHER ASSISTANCE.—The term ‘other as21 sistance’ includes any use of funds in an infrastruc22 ture bank—

23 ‘‘(A) to provide credit enhancements;

24 ‘‘(B) to serve as a capital reserve for bond

25 or debt instrument financing;
250

S 1173 OPS

1 ‘‘(C) to subsidize interest rates;

2 ‘‘(D) to ensure the issuance of letters of

3 credit and credit instruments;

4 ‘‘(E) to finance purchase and lease agree5 ments with respect to transit projects;

6 ‘‘(F) to provide bond or debt financing in7 strument security; and

8 ‘‘(G) to provide other forms of debt financ9 ing and methods of leveraging funds that are ap10 proved by the Secretary and that relate to the

11 project with respect to which the assistance is

12 being provided.

13 ‘‘(2) STATE.—The term ‘State’ has the meaning

14 given the term under section 401.

15 ‘‘(b) COOPERATIVE AGREEMENTS.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) PURPOSE OF AGREEMENTS.—Subject

18 to this section, the Secretary may enter into co19 operative agreements with States for the estab20 lishment of State infrastructure banks and

21 multistate infrastructure banks for making loans

22 and providing other assistance to public and pri23 vate entities carrying out or proposing to carry

24 out projects eligible for assistance under this sec25 tion.
251

S 1173 OPS

1 ‘‘(B) CONTENTS OF AGREEMENTS.—Each

2 cooperative agreement shall specify procedures

3 and guidelines for establishing, operating, and

4 providing assistance from the infrastructure

5 bank.

6 ‘‘(2) INTERSTATE COMPACTS.—If 2 or more

7 States enter into a cooperative agreement under para8 graph (1) with the Secretary for the establishment of

9 a multistate infrastructure bank, Congress grants con10 sent to those States to enter into an interstate com11 pact establishing the bank in accordance with this

12 section.

13 ‘‘(c) FUNDING.—

14 ‘‘(1) CONTRIBUTION.—Notwithstanding any

15 other provision of law, the Secretary may allow, sub16 ject to subsection (h)(1), a State that enters into a co17 operative agreement under this section to contribute

18 to the infrastructure bank established by the State not

19 to exceed—

20 ‘‘(A)(i) the total amount of funds appor21 tioned to the State under each of paragraphs (1)

22 and (3) of section 104(b), excluding funds set

23 aside under paragraphs (1) and (2) of section

24 133(d); and
252

S 1173 OPS

1 ‘‘(ii) the total amount of funds allocated to

2 the State under section 105 and under section

3 1102 of the Intermodal Surface Transportation

4 Efficiency Act of 1998;

5 ‘‘(B) the total amount of funds made avail6 able to the State or other Federal transit grant

7 recipient for capital projects (as defined in sec8 tion 5302 of title 49) under sections 5307, 5309,

9 and 5311 of title 49; and

10 ‘‘(C) the total amount of funds made avail11 able to the State under subtitle V of title 49.

12 ‘‘(2) CAPITALIZATION GRANT.—For the purposes

13 of this section, Federal funds contributed to the infra14 structure bank under this subsection shall constitute

15 a capitalization grant for the infrastructure bank.

16 ‘‘(3) SPECIAL RULE FOR URBANIZED AREAS OF

17 OVER 200,000.—Funds that are apportioned or allo18 cated to a State under section 104(b)(3) and attrib19 uted to urbanized areas of a State with a population

20 of over 200,000 individuals under section 133(d)(2)

21 may be used to provide assistance from an infrastruc22 ture bank under this section with respect to a project

23 only if the metropolitan planning organization des24 ignated for the area concurs, in writing, with the pro25 vision of the assistance.
253

S 1173 OPS

1 ‘‘(d) FORMS OF ASSISTANCE FROM INFRASTRUCTURE

2 BANKS.—

3 ‘‘(1) IN GENERAL.—An infrastructure bank es4 tablished under this section may make loans or pro5 vide other assistance to a public or private entity in

6 an amount equal to all or part of the cost of carrying

7 out a project eligible for assistance under this section.

8 ‘‘(2) SUBORDINATION OF LOANS.—The amount of

9 any loan or other assistance provided for the project

10 may be subordinated to any other debt financing for

11 the project.

12 ‘‘(3) INITIAL ASSISTANCE.—Initial assistance

13 provided with respect to a project from Federal funds

14 contributed to an infrastructure bank under this sec15 tion shall not be made in the form of a grant.

16 ‘‘(e) QUALIFYING PROJECTS.—

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

18 funds in an infrastructure bank established under this

19 section may be used only to provide assistance with

20 respect to projects eligible for assistance under this

21 title, for capital projects (as defined in section 5302

22 of title 49), or for any other project related to surface

23 transportation that the Secretary determines to be ap24 propriate.
254

S 1173 OPS

1 ‘‘(2) INTERSTATE FUNDS.—Funds contributed to

2 an infrastructure bank from funds apportioned to a

3 State under subparagraph (A) or (B) of section

4 104(b)(1) may be used only to provide assistance with

5 respect to projects eligible for assistance under those

6 subparagraphs.

7 ‘‘(3) RAIL PROGRAM FUNDS.—Funds contributed

8 to an infrastructure bank from funds made available

9 to a State under subtitle V of title 49 shall be used

10 in a manner consistent with any project description

11 specified under the law making the funds available to

12 the State.

13 ‘‘(f) INFRASTRUCTURE BANK REQUIREMENTS.—

14 ‘‘(1) IN GENERAL.—Subject to paragraph (2), in

15 order to establish an infrastructure bank under this

16 section, each State establishing such a bank shall—

17 ‘‘(A) contribute, at a minimum, to the bank

18 from non-Federal sources an amount equal to 25

19 percent of the amount of each capitalization

20 grant made to the State and contributed to the

21 bank under subsection (c), except that if the

22 State has a higher Federal share payable under

23 section 120(b) of title 23, United States Code, the

24 State shall be required to contribute only an
255

S 1173 OPS

1 amount commensurate with the higher Federal

2 share;

3 ‘‘(B) ensure that the bank maintains on a

4 continuing basis an investment grade rating on

5 its debt issuances and its ability to pay claims

6 under credit enhancement programs of the bank;

7 ‘‘(C) ensure that investment income gen8 erated by funds contributed to the bank will be—

9 ‘‘(i) credited to the bank;

10 ‘‘(ii) available for use in providing

11 loans and other assistance to projects eligi12 ble for assistance from the bank; and

13 ‘‘(iii) invested in United States Treas14 ury securities, bank deposits, or such other

15 financing instruments as the Secretary may

16 approve to earn interest to enhance the

17 leveraging of projects assisted by the bank;

18 ‘‘(D) ensure that any loan from the bank

19 will bear interest at or below market rates, as de20 termined by the State, to make the project that

21 is the subject of the loan feasible;

22 ‘‘(E) ensure that repayment of the loan

23 from the bank will commence not later than 5

24 years after the project has been completed or, in
256

S 1173 OPS

1 the case of a highway project, the facility has

2 opened to traffic, whichever is later;

3 ‘‘(F) ensure that the term for repaying any

4 loan will not exceed the lesser of—

5 ‘‘(i) 35 years after the date of the first

6 payment on the loan under subparagraph

7 (E); or

8 ‘‘(ii) the useful life of the investment;

9 and

10 ‘‘(G) require the bank to make a biennial

11 report to the Secretary and to make such other

12 reports as the Secretary may require in guide13 lines.

14 ‘‘(2) WAIVERS BY THE SECRETARY.—The Sec15 retary may waive a requirement of any of subpara16 graphs (C) through (G) of paragraph (1) with respect

17 to an infrastructure bank if the Secretary determines

18 that the waiver is consistent with the objectives of this

19 section.

20 ‘‘(g) LIMITATION ON REPAYMENTS.—Notwithstanding

21 any other provision of law, the repayment of a loan or other

22 assistance provided from an infrastructure bank under this

23 section may not be credited toward the non-Federal share

24 of the cost of any project.
257

S 1173 OPS

1 ‘‘(h) SECRETARIAL REQUIREMENTS.—In administer2 ing this section, the Secretary shall—

3 ‘‘(1) ensure that Federal disbursements shall be

4 at an annual rate of not more than 20 percent of the

5 amount designated by the State for State infrastruc6 ture bank capitalization under subsection (c)(1), ex7 cept that the Secretary may disburse funds to a State

8 in an amount needed to finance a specific project;

9 and

10 ‘‘(2) revise cooperative agreements entered into

11 with States under section 350 of the National High12 way System Designation Act of 1995 (Public Law

13 104–59) to comply with this section.

14 ‘‘(i) APPLICABILITY OF FEDERAL LAW.—

15 ‘‘(1) IN GENERAL.—The requirements of this title

16 or title 49 that would otherwise apply to funds made

17 available under that title and projects assisted with

18 those funds shall apply to—

19 ‘‘(A) funds made available under that title

20 and contributed to an infrastructure bank estab21 lished under this section, including the non-Fed22 eral contribution required under section (f); and

23 ‘‘(B) projects assisted by the bank through

24 the use of the funds;
258

S 1173 OPS

1 except to the extent that the Secretary determines that

2 any requirement of that title (other than sections 113

3 and 114 of this title and section 5333 of title 49) is

4 not consistent with the objectives of this section.

5 ‘‘(2) REPAYMENTS.—The requirements of this

6 title or title 49 shall not apply to repayments from

7 non-Federal sources to an infrastructure bank from

8 projects assisted by the bank. Such a repayment shall

9 not be considered to be Federal funds.

10 ‘‘(j) UNITED STATES NOT OBLIGATED.—

11 ‘‘(1) IN GENERAL.—The contribution of Federal

12 funds to an infrastructure bank established under this

13 section shall not be construed as a commitment, guar14 antee, or obligation on the part of the United States

15 to any third party. No third party shall have any

16 right against the United States for payment solely by

17 virtue of the contribution.

18 ‘‘(2) STATEMENT.—Any security or debt financ19 ing instrument issued by the infrastructure bank shall

20 expressly state that the security or instrument does

21 not constitute a commitment, guarantee, or obligation

22 of the United States.

23 ‘‘(k) MANAGEMENT OF FEDERAL FUNDS.—Sections

24 3335 and 6503 of title 31, United States Code, shall not

25 apply to funds contributed under this section.
259

S 1173 OPS

1 ‘‘(l) PROGRAM ADMINISTRATION.—

2 ‘‘(1) IN GENERAL.—A State may expend not to

3 exceed 2 percent of the Federal funds contributed to

4 an infrastructure bank established by the State under

5 this section to pay the reasonable costs of administer6 ing the bank.

7 ‘‘(2) NON-FEDERAL FUNDS.—The limitation de8 scribed in paragraph (1) shall not apply to non-Fed9 eral funds.’’.

10 (b) CONFORMING AMENDMENT.—The analysis for

11 chapter 1 of title 23, United States Code, is amended by

12 adding at the end the following:

‘‘162. State infrastructure bank program.’’.

13 CHAPTER 2—TRANSPORTATION INFRA14 STRUCTURE FINANCE AND INNOVA15 TION

16 SEC. 1311. SHORT TITLE.

17 This chapter may be cited as the ‘‘Transportation In18 frastructure Finance and Innovation Act of 1998’’.

19 SEC. 1312. FINDINGS.

20 Congress finds that—

21 (1) a well-developed system of transportation in22 frastructure is critical to the economic well-being,

23 health, and welfare of the people of the United States;

24 (2) traditional public funding techniques such as

25 grant programs are unable to keep pace with the in-
260

S 1173 OPS

1 frastructure investment needs of the United States be2 cause of budgetary constraints at the Federal, State,

3 and local levels of government;

4 (3) major transportation infrastructure facilities

5 that address critical national needs, such as inter6 modal facilities, border crossings, and multistate

7 trade corridors, are of a scale that exceeds the capac8 ity of Federal and State assistance programs in effect

9 on the date of enactment of this Act;

10 (4) new investment capital can be attracted to

11 infrastructure projects that are capable of generating

12 their own revenue streams through user charges or

13 other dedicated funding sources; and

14 (5) a Federal credit program for projects of na15 tional significance can complement existing funding

16 resources by filling market gaps, thereby leveraging

17 substantial private co-investment.

18 SEC. 1313. ESTABLISHMENT OF PROGRAM.

19 (a) IN GENERAL.—Chapter 1 of title 23, United States

20 Code, is amended by adding at the end the following:

21 ‘‘SUBCHAPTER II—INFRASTRUCTURE FINANCE

22 ‘‘§ 181. Definitions

23 ‘‘In this subchapter:

24 ‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eli25 gible project costs’ means amounts substantially all of
261

S 1173 OPS

1 which are paid by, or for the account of, an obligor

2 in connection with a project, including the cost of—

3 ‘‘(A) development phase activities, including

4 planning, feasibility analysis, revenue forecast5 ing, environmental review, permitting, prelimi6 nary engineering and design work, and other

7 preconstruction activities;

8 ‘‘(B) construction, reconstruction, rehabili9 tation, replacement, and acquisition of real

10 property (including land related to the project

11 and improvements to land), environmental miti12 gation, construction contingencies, and acquisi13 tion of equipment; and

14 ‘‘(C) capitalized interest necessary to meet

15 market requirements, reasonably required reserve

16 funds, capital issuance expenses, and other car17 rying costs during construction.

18 ‘‘(2) FEDERAL CREDIT INSTRUMENT.—The term

19 ‘Federal credit instrument’ means a secured loan,

20 loan guarantee, or line of credit authorized to be

21 made available under this subchapter with respect to

22 a project.

23 ‘‘(3) LENDER.—The term ‘lender’ means any

24 non-Federal qualified institutional buyer (as defined

25 in section 230.144A(a) of title 17, Code of Federal
262

S 1173 OPS

1 Regulations (or any successor regulation), known as

2 Rule 144A(a) of the Securities and Exchange Com3 mission and issued under the Securities Act of 1933

4 (15 U.S.C. 77a et seq.)), including—

5 ‘‘(A) a qualified retirement plan (as defined

6 in section 4974(c) of the Internal Revenue Code

7 of 1986) that is a qualified institutional buyer;

8 and

9 ‘‘(B) a governmental plan (as defined in

10 section 414(d) of the Internal Revenue Code of

11 1986) that is a qualified institutional buyer.

12 ‘‘(4) LINE OF CREDIT.—The term ‘line of credit’

13 means an agreement entered into by the Secretary

14 with an obligor under section 184 to provide a direct

15 loan at a future date upon the occurrence of certain

16 events.

17 ‘‘(5) LOAN GUARANTEE.—The term ‘loan guar18 antee’ means any guarantee or other pledge by the

19 Secretary to pay all or part of the principal of and

20 interest on a loan or other debt obligation issued by

21 an obligor and funded by a lender.

22 ‘‘(6) LOCAL SERVICER.—The term ‘local servicer’

23 means—

24 ‘‘(A) a State infrastructure bank established

25 under this title; or
263

S 1173 OPS

1 ‘‘(B) a State or local government or any

2 agency of a State or local government that is re3 sponsible for servicing a Federal credit instru4 ment on behalf of the Secretary.

5 ‘‘(7) OBLIGOR.—The term ‘obligor’ means a

6 party primarily liable for payment of the principal

7 of or interest on a Federal credit instrument, which

8 party may be a corporation, partnership, joint ven9 ture, trust, or governmental entity, agency, or instru10 mentality.

11 ‘‘(8) PROJECT.—The term ‘project’ means—

12 ‘‘(A) any surface transportation project eli13 gible for Federal assistance under this title or

14 chapter 53 of title 49; and

15 ‘‘(B) a project for an international bridge

16 or tunnel for which an international entity au17 thorized under State or Federal law is respon18 sible.

19 ‘‘(9) PROJECT OBLIGATION.—The term ‘project

20 obligation’ means any note, bond, debenture, or other

21 debt obligation issued by an obligor in connection

22 with the financing of a project, other than a Federal

23 credit instrument.

24 ‘‘(10) SECURED LOAN.—The term ‘secured loan’

25 means a direct loan or other debt obligation issued by
264

S 1173 OPS

1 an obligor and funded by the Secretary in connection

2 with the financing of a project under section 183.

3 ‘‘(11) STATE.—The term ‘State’ has the meaning

4 given the term in section 101.

5 ‘‘(12) SUBSTANTIAL COMPLETION.—The term

6 ‘substantial completion’ means the opening of a

7 project to vehicular or passenger traffic.

8 ‘‘§ 182. Determination of eligibility and project selec9 tion

10 ‘‘(a) ELIGIBILITY.—To be eligible to receive financial

11 assistance under this subchapter, a project shall meet the

12 following criteria:

13 ‘‘(1) INCLUSION IN TRANSPORTATION PLANS AND

14 PROGRAMS.—The project—

15 ‘‘(A) shall be included in the State trans16 portation plan required under section 135; and

17 ‘‘(B) at such time as an agreement to make

18 available a Federal credit instrument is entered

19 into under this subchapter, shall be included in

20 the approved State transportation improvement

21 program required under section 134.

22 ‘‘(2) APPLICATION.—A State, a local servicer

23 identified under section 185(a), or the entity under24 taking the project shall submit a project application

25 to the Secretary.
265

S 1173 OPS

1 ‘‘(3) ELIGIBLE PROJECT COSTS.—

2 ‘‘(A) IN GENERAL.—Except as provided in

3 subparagraph (B), to be eligible for assistance

4 under this subchapter, a project shall have eligi5 ble project costs that are reasonably anticipated

6 to equal or exceed the lesser of—

7 ‘‘(i) $100,000,000; or

8 ‘‘(ii) 50 percent of the amount of Fed9 eral highway assistance funds apportioned

10 for the most recently-completed fiscal year

11 to the State in which the project is located.

12 ‘‘(B) INTELLIGENT TRANSPORTATION SYS13 TEM PROJECTS.—In the case of a project prin14 cipally involving the installation of an intel15 ligent transportation system, eligible project costs

16 shall be reasonably anticipated to equal or exceed

17 $30,000,000.

18 ‘‘(4) DEDICATED REVENUE SOURCES.—Project

19 financing shall be repayable, in whole or in part,

20 from tolls, user fees, or other dedicated revenue

21 sources.

22 ‘‘(5) PUBLIC SPONSORSHIP OF PRIVATE ENTI23 TIES.—In the case of a project that is undertaken by

24 an entity that is not a State or local government or

25 an agency or instrumentality of a State or local gov-
266

S 1173 OPS

1 ernment, the project that the entity is undertaking

2 shall be publicly sponsored as provided in paragraphs

3 (1) and (2).

4 ‘‘(b) SELECTION AMONG ELIGIBLE PROJECTS.—

5 ‘‘(1) ESTABLISHMENT.—The Secretary shall es6 tablish criteria for selecting among projects that meet

7 the eligibility criteria specified in subsection (a).

8 ‘‘(2) SELECTION CRITERIA.—The selection cri9 teria shall include the following:

10 ‘‘(A) The extent to which the project is na11 tionally or regionally significant, in terms of

12 generating economic benefits, supporting inter13 national commerce, or otherwise enhancing the

14 national transportation system.

15 ‘‘(B) The creditworthiness of the project, in16 cluding a determination by the Secretary that

17 any financing for the project has appropriate se18 curity features, such as a rate covenant, to en19 sure repayment. The Secretary shall require each

20 project applicant to provide a preliminary rat21 ing opinion letter from a nationally recognized

22 bond rating agency.

23 ‘‘(C) The extent to which assistance under

24 this subchapter would foster innovative public-
267

S 1173 OPS

1 private partnerships and attract private debt or

2 equity investment.

3 ‘‘(D) The likelihood that assistance under

4 this subchapter would enable the project to pro5 ceed at an earlier date than the project would

6 otherwise be able to proceed.

7 ‘‘(E) The extent to which the project uses

8 new technologies, including intelligent transpor9 tation systems, that enhance the efficiency of the

10 project.

11 ‘‘(F) The amount of budget authority re12 quired to fund the Federal credit instrument

13 made available under this subchapter.

14 ‘‘(G) The extent to which the project helps

15 maintain or protect the environment.

16 ‘‘(H) The extent to which assistance under

17 this chapter would reduce the contribution of

18 Federal grant assistance to the project.

19 ‘‘(c) FEDERAL REQUIREMENTS.—The following provi20 sions of law shall apply to funds made available under this

21 subchapter and projects assisted with the funds:

22 ‘‘(1) Title VI of the Civil Rights Act of 1964 (42

23 U.S.C. 2000d et seq.).

24 ‘‘(2) The National Environmental Policy Act of

25 1969 (42 U.S.C. 4321 et seq.).
268

S 1173 OPS

1 ‘‘(3) The Uniform Relocation Assistance and

2 Real Property Acquisition Policies Act of 1970 (42

3 U.S.C. 4601 et seq.).

4 ‘‘§ 183. Secured loans

5 ‘‘(a) IN GENERAL.—

6 ‘‘(1) AGREEMENTS.—Subject to paragraph (2),

7 the Secretary may enter into agreements with 1 or

8 more obligors to make secured loans, the proceeds of

9 which shall be used—

10 ‘‘(A) to finance eligible project costs; or

11 ‘‘(B) to refinance interim construction fi12 nancing of eligible project costs;

13 of any project selected under section 182.

14 ‘‘(2) LIMITATION ON REFINANCING OF INTERIM

15 CONSTRUCTION FINANCING.—A loan under paragraph

16 (1) shall not refinance interim construction financing

17 under paragraph (1)(B) later than 1 year after the

18 date of substantial completion of the project.

19 ‘‘(b) TERMS AND LIMITATIONS.—

20 ‘‘(1) IN GENERAL.—A secured loan under this

21 section with respect to a project shall be on such terms

22 and conditions and contain such covenants, represen23 tations, warranties, and requirements (including re24 quirements for audits) as the Secretary determines

25 appropriate.
269

S 1173 OPS

1 ‘‘(2) MAXIMUM AMOUNT.—The amount of the se2 cured loan shall not exceed 33 percent of the reason3 ably anticipated eligible project costs.

4 ‘‘(3) PAYMENT.—The secured loan—

5 ‘‘(A) shall—

6 ‘‘(i) be payable, in whole or in part,

7 from tolls, user fees, or other dedicated reve8 nue sources; and

9 ‘‘(ii) include a rate covenant, coverage

10 requirement, or similar security feature

11 supporting the project obligations; and

12 ‘‘(B) may have a lien on revenues described

13 in subparagraph (A) subject to any lien securing

14 project obligations.

15 ‘‘(4) INTEREST RATE.—The interest rate on the

16 secured loan shall be not less than the yield on mar17 ketable United States Treasury securities of a similar

18 maturity to the maturity of the secured loan on the

19 date of execution of the loan agreement.

20 ‘‘(5) MATURITY DATE.—The final maturity date

21 of the secured loan shall be not later than 35 years

22 after the date of substantial completion of the project.

23 ‘‘(6) NONSUBORDINATION.—The secured loan

24 shall not be subordinated to the claims of any holder
270

S 1173 OPS

1 of project obligations in the event of bankruptcy, in2 solvency, or liquidation of the obligor.

3 ‘‘(7) FEES.—The Secretary may establish fees at

4 a level sufficient to cover all or a portion of the costs

5 to the Federal Government of making a secured loan

6 under this section.

7 ‘‘(8) NON-FEDERAL SHARE.—The proceeds of a

8 secured loan under this subchapter may be used for

9 any non-Federal share of project costs required under

10 this title or chapter 53 of title 49, if the loan is re11 payable from non-Federal funds.

12 ‘‘(c) REPAYMENT.—

13 ‘‘(1) SCHEDULE.—The Secretary shall establish

14 a repayment schedule for each secured loan under this

15 section based on the projected cash flow from project

16 revenues and other repayment sources.

17 ‘‘(2) COMMENCEMENT.—Scheduled loan repay18 ments of principal or interest on a secured loan under

19 this section shall commence not later than 5 years

20 after the date of substantial completion of the project.

21 ‘‘(3) SOURCES OF REPAYMENT FUNDS.—The

22 sources of funds for scheduled loan repayments under

23 this section shall include tolls, user fees, or other dedi24 cated revenue sources.

25 ‘‘(4) DEFERRED PAYMENTS.—
271

S 1173 OPS

1 ‘‘(A) AUTHORIZATION.—If, at any time

2 during the 10 years after the date of substantial

3 completion of the project, the project is unable to

4 generate sufficient revenues to pay scheduled

5 principal and interest on the secured loan, the

6 Secretary may, pursuant to established criteria

7 for the project agreed to by the entity undertak8 ing the project and the Secretary, allow the obli9 gor to add unpaid principal and interest to the

10 outstanding balance of the secured loan.

11 ‘‘(B) INTEREST.—Any payment deferred

12 under subparagraph (A) shall—

13 ‘‘(i) continue to accrue interest in ac14 cordance with subsection (b)(4) until fully

15 repaid; and

16 ‘‘(ii) be scheduled to be amortized over

17 the remaining term of the loan beginning

18 not later than 10 years after the date of

19 substantial completion of the project in ac20 cordance with paragraph (1).

21 ‘‘(5) PREPAYMENT.—

22 ‘‘(A) USE OF EXCESS REVENUES.—Any ex23 cess revenues that remain after satisfying sched24 uled debt service requirements on the project obli25 gations and secured loan and all deposit require-
272

S 1173 OPS

1 ments under the terms of any trust agreement,

2 bond resolution, or similar agreement securing

3 project obligations may be applied annually to

4 prepay the secured loan without penalty.

5 ‘‘(B) USE OF PROCEEDS OF REFINANC6 ING.—The secured loan may be prepaid at any

7 time without penalty from the proceeds of refi8 nancing from non-Federal funding sources.

9 ‘‘(d) SALE OF SECURED LOANS.—

10 ‘‘(1) IN GENERAL.—Subject to paragraph (2), as

11 soon as practicable after substantial completion of a

12 project and after notifying the obligor, the Secretary

13 may sell to another entity or reoffer into the capital

14 markets a secured loan for the project if the Secretary

15 determines that the sale or reoffering can be made on

16 favorable terms.

17 ‘‘(2) CONSENT OF OBLIGOR.—In making a sale

18 or reoffering under paragraph (1), the Secretary may

19 not change the original terms and conditions of the

20 secured loan without the written consent of the obli21 gor.

22 ‘‘(e) LOAN GUARANTEES.—

23 ‘‘(1) IN GENERAL.—The Secretary may provide

24 a loan guarantee to a lender in lieu of making a se25 cured loan if the Secretary determines that the budg-
273

S 1173 OPS

1 etary cost of the loan guarantee is substantially the

2 same as that of a secured loan.

3 ‘‘(2) TERMS.—The terms of a guaranteed loan

4 shall be consistent with the terms set forth in this sec5 tion for a secured loan, except that the rate on the

6 guaranteed loan and any prepayment features shall

7 be negotiated between the obligor and the lender, with

8 the consent of the Secretary.

9 ‘‘§ 184. Lines of credit

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) AGREEMENTS.—The Secretary may enter

12 into agreements to make available lines of credit to 1

13 or more obligors in the form of direct loans to be

14 made by the Secretary at future dates on the occur15 rence of certain events for any project selected under

16 section 182.

17 ‘‘(2) USE OF PROCEEDS.—The proceeds of a line

18 of credit made available under this section shall be

19 available to pay debt service on project obligations

20 issued to finance eligible project costs, extraordinary

21 repair and replacement costs, operation and mainte22 nance expenses, and costs associated with unexpected

23 Federal or State environmental restrictions.

24 ‘‘(b) TERMS AND LIMITATIONS.—
274

S 1173 OPS

1 ‘‘(1) IN GENERAL.—A line of credit under this

2 section with respect to a project shall be on such terms

3 and conditions and contain such covenants, represen4 tations, warranties, and requirements (including re5 quirements for audits) as the Secretary determines

6 appropriate.

7 ‘‘(2) MAXIMUM AMOUNTS.—

8 ‘‘(A) TOTAL AMOUNT.—The total amount of

9 the line of credit shall not exceed 33 percent of

10 the reasonably anticipated eligible project costs.

11 ‘‘(B) ONE-YEAR DRAWS.—The amount

12 drawn in any 1 year shall not exceed 20 percent

13 of the total amount of the line of credit.

14 ‘‘(3) DRAWS.—Any draw on the line of credit

15 shall represent a direct loan and shall be made only

16 if net revenues from the project (including capitalized

17 interest, any debt service reserve fund, and any other

18 available reserve) are insufficient to pay the costs

19 specified in subsection (a)(2).

20 ‘‘(4) INTEREST RATE.—The interest rate on a di21 rect loan resulting from a draw on the line of credit

22 shall be not less than the yield on 30-year marketable

23 United States Treasury securities as of the date on

24 which the line of credit is obligated.

25 ‘‘(5) SECURITY.—The line of credit—
275

S 1173 OPS

1 ‘‘(A) shall—

2 ‘‘(i) be payable, in whole or in part,

3 from tolls, user fees, or other dedicated reve4 nue sources; and

5 ‘‘(ii) include a rate covenant, coverage

6 requirement, or similar security feature

7 supporting the project obligations; and

8 ‘‘(B) may have a lien on revenues described

9 in subparagraph (A) subject to any lien securing

10 project obligations.

11 ‘‘(6) PERIOD OF AVAILABILITY.—The line of

12 credit shall be available during the period beginning

13 on the date of substantial completion of the project

14 and ending not later than 10 years after that date.

15 ‘‘(7) RIGHTS OF THIRD PARTY CREDITORS.—

16 ‘‘(A) AGAINST FEDERAL GOVERNMENT.—A

17 third party creditor of the obligor shall not have

18 any right against the Federal Government with

19 respect to any draw on the line of credit.

20 ‘‘(B) ASSIGNMENT.—An obligor may assign

21 the line of credit to 1 or more lenders or to a

22 trustee on the lenders’ behalf.

23 ‘‘(8) NONSUBORDINATION.—A direct loan under

24 this section shall not be subordinated to the claims of
276

S 1173 OPS

1 any holder of project obligations in the event of bank2 ruptcy, insolvency, or liquidation of the obligor.

3 ‘‘(9) FEES.—The Secretary may establish fees at

4 a level sufficient to cover all or a portion of the costs

5 to the Federal Government of providing a line of cred6 it under this section.

7 ‘‘(10) RELATIONSHIP TO OTHER CREDIT INSTRU8 MENTS.—A project that receives a line of credit under

9 this section shall not also receive a secured loan or

10 loan guarantee under section 183 of an amount that,

11 combined with the amount of the line of credit, ex12 ceeds 33 percent of eligible project costs.

13 ‘‘(c) REPAYMENT.—

14 ‘‘(1) TERMS AND CONDITIONS.—The Secretary

15 shall establish repayment terms and conditions for

16 each direct loan under this section based on the pro17 jected cash flow from project revenues and other re18 payment sources.

19 ‘‘(2) TIMING.—All scheduled repayments of prin20 cipal or interest on a direct loan under this section

21 shall commence not later than 5 years after the end

22 of the period of availability specified in subsection

23 (b)(6) and be fully repaid, with interest, by the date

24 that is 25 years after the end of the period of avail25 ability specified in subsection (b)(6).
277

S 1173 OPS

1 ‘‘(3) SOURCES OF REPAYMENT FUNDS.—The

2 sources of funds for scheduled loan repayments under

3 this section shall include tolls, user fees, or other dedi4 cated revenue sources.

5 ‘‘§ 185. Project servicing

6 ‘‘(a) REQUIREMENT.—The State in which a project

7 that receives financial assistance under this subchapter is

8 located may identify a local servicer to assist the Secretary

9 in servicing the Federal credit instrument made available

10 under this subchapter.

11 ‘‘(b) AGENCY; FEES.—If a State identifies a local

12 servicer under subsection (a), the local servicer—

13 ‘‘(1) shall act as the agent for the Secretary; and

14 ‘‘(2) may receive a servicing fee, subject to ap15 proval by the Secretary.

16 ‘‘(c) LIABILITY.—A local servicer identified under sub17 section (a) shall not be liable for the obligations of the obli18 gor to the Secretary or any lender.

19 ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec20 retary may retain the services of expert firms in the field

21 of municipal and project finance to assist in the underwrit22 ing and servicing of Federal credit instruments.

23 ‘‘§ 186. State and local permits

24 ‘‘The provision of financial assistance under this sub25 chapter with respect to a project shall not—
278

S 1173 OPS

1 ‘‘(1) relieve any recipient of the assistance of any

2 obligation to obtain any required State or local per3 mit or approval with respect to the project;

4 ‘‘(2) limit the right of any unit of State or local

5 government to approve or regulate any rate of return

6 on private equity invested in the project; or

7 ‘‘(3) otherwise supersede any State or local law

8 (including any regulation) applicable to the construc9 tion or operation of the project.

10 ‘‘§ 187. Regulations

11 ‘‘The Secretary may issue such regulations as the Sec12 retary determines appropriate to carry out this subchapter.

13 ‘‘§ 188. Funding

14 ‘‘(a) AUTHORIZATION OF CONTRACT AUTHORITY.—

15 ‘‘(1) IN GENERAL.—There shall be available from

16 the Highway Trust Fund (other than the Mass Tran17 sit Account) to carry out this subchapter—

18 ‘‘(A) $60,000,000 for fiscal year 1998;

19 ‘‘(B) $60,000,000 for fiscal year 1999;

20 ‘‘(C) $90,000,000 for fiscal year 2000;

21 ‘‘(D) $90,000,000 for fiscal year 2001;

22 ‘‘(E) $115,000,000 for fiscal year 2002; and

23 ‘‘(F) $115,000,000 for fiscal year 2003.

24 ‘‘(2) ADMINISTRATIVE COSTS.—From funds

25 made available under paragraph (1), the Secretary
279

S 1173 OPS

1 may use, for the administration of this subchapter,

2 not more than $2,000,000 for each of fiscal years

3 1998 through 2003.

4 ‘‘(3) AVAILABILITY.—Amounts made available

5 under paragraph (1) shall remain available until ex6 pended.

7 ‘‘(b) CONTRACT AUTHORITY.—

8 ‘‘(1) IN GENERAL.—Notwithstanding any other

9 provision of law, approval by the Secretary of a Fed10 eral credit instrument that uses funds made available

11 under this subchapter shall be deemed to be accept12 ance by the United States of a contractual obligation

13 to fund the Federal credit instrument.

14 ‘‘(2) AVAILABILITY.—Amounts authorized under

15 this section for a fiscal year shall be available for ob16 ligation on October 1 of the fiscal year.

17 ‘‘(c) LIMITATIONS ON CREDIT AMOUNTS.—For each of

18 fiscal years 1998 through 2003, principal amounts of Fed19 eral credit instruments made available under this sub20 chapter shall be limited to the amounts specified in the fol21 lowing 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.
280

S 1173 OPS

1 ‘‘§ 189. Imposition of annual fee on recipients

2 ‘‘(a) IN GENERAL.—There is hereby imposed on any

3 recipient of a Federal credit instrument an annual fee equal

4 to the applicable percentage of the average outstanding Fed5 eral credit instrument amount made available to the recipi6 ent during the year under this subchapter.

7 ‘‘(b) TIME OF IMPOSITION.—The fee described in sub8 section (a) shall be imposed on the annual anniversary date

9 of the receipt of the Federal credit instrument.

10 ‘‘(c) APPLICABLE PERCENTAGE.—For the purposes of

11 subsection (a), the applicable percentage is, with respect to

12 an annual anniversary date occurring in—

13 ‘‘(1) any of fiscal years 1999 through 2003,

14 1.9095 percent; and

15 ‘‘(2) any fiscal year after 2003, 0.5144 percent.

16 ‘‘(d) TERMINATION.—The fee imposed by this section

17 shall not apply with respect to annual anniversary dates

18 occurring after September 30, 2008.

19 ‘‘(e) DEPOSIT OF RECEIPTS.—The fees collected by the

20 Secretary under this section shall be deposited in the gen21 eral fund of the Treasury of the United States as miscellane22 ous receipts.

23 ‘‘§ 190. Report to Congress

24 ‘‘Not later than 4 years after the date of enactment

25 of this subchapter, the Secretary shall submit to Congress

26 a report summarizing the financial performance of the
281

S 1173 OPS

1 projects that are receiving, or have received, assistance

2 under this subchapter, including a recommendation as to

3 whether the objectives of this subchapter are best served—

4 ‘‘(1) by continuing the program under the au5 thority of the Secretary;

6 ‘‘(2) by establishing a Government corporation

7 or Government-sponsored enterprise to administer the

8 program; or

9 ‘‘(3) by phasing out the program and relying on

10 the capital markets to fund the types of infrastructure

11 investments assisted by this subchapter without Fed12 eral participation.’’.

13 (b) CONFORMING AMENDMENTS.—Chapter 1 of title

14 23, United States Code, is amended—

15 (1) in the analysis—

16 (A) by inserting before ‘‘Sec.’’ the following:

‘‘SUBCHAPTER I—GENERAL PROVISIONS’’;

17 and

18 (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. Imposition of annual fee on recipients.

‘‘190. Report to Congress.’’;

19 and
282

S 1173 OPS

1 (2) by inserting before section 101 the following:

2 ‘‘SUBCHAPTER I—GENERAL PROVISIONS’’.

3 SEC. 1314. OFFICE OF INFRASTRUCTURE FINANCE.

4 (a) DUTIES OF THE SECRETARY.—Section 301 of title

5 49, United States Code, is amended—

6 (1) in paragraph (7), by striking ‘‘and’’ at the

7 end;

8 (2) in paragraph (8), by striking the period at

9 the end and inserting ‘‘; and’’; and

10 (3) by adding at the end the following:

11 ‘‘(9) develop and coordinate Federal policy on fi12 nancing transportation infrastructure, including the

13 provision of direct Federal credit assistance and other

14 techniques used to leverage Federal transportation

15 funds.’’.

16 (b) OFFICE OF INFRASTRUCTURE FINANCE.—

17 (1) IN GENERAL.—Chapter 1 of title 49, United

18 States Code, is amended by adding at the end the fol19 lowing:

20 ‘‘§ 113. Office of Infrastructure Finance

21 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor22 tation shall establish within the Office of the Secretary an

23 Office of Infrastructure Finance.
283

S 1173 OPS

1 ‘‘(b) DIRECTOR.—The Office shall be headed by a Di2 rector who shall be appointed by the Secretary not later

3 than 180 days after the date of enactment of this section.

4 ‘‘(c) FUNCTIONS.—The Director shall be responsible

5 for—

6 ‘‘(1) carrying out the responsibilities of the Sec7 retary described in section 301(9);

8 ‘‘(2) carrying out research on financing trans9 portation infrastructure, including educational pro10 grams and other initiatives to support Federal, State,

11 and local government efforts; and

12 ‘‘(3) providing technical assistance to Federal,

13 State, and local government agencies and officials to

14 facilitate the development and use of alternative tech15 niques for financing transportation infrastructure.’’.

16 (2) CONFORMING AMENDMENT.—The analysis for

17 chapter 1 of title 49, United States Code, is amended

18 by adding at the end the following:

‘‘113. Office of Infrastructure Finance.’’.

19 Subtitle D—Safety

20 SEC. 1401. OPERATION LIFESAVER.

21 Section 104 of title 23, United States Code (as amend22 ed by section 1102(a)), is amended—

23 (1) in the matter preceding paragraph (1) of

24 subsection (b), by striking ‘‘subsection (f)’’ and insert25 ing ‘‘subsections (d) and (f)’’; and
284

S 1173 OPS

1 (2) in subsection (d), by striking paragraph (1)

2 and inserting the following:

3 ‘‘(1) OPERATION LIFESAVER.—Before making an

4 apportionment of funds under subsection (b)(3) for a

5 fiscal year, the Secretary shall set aside $500,000 of

6 the funds made available for the surface transpor7 tation program for the fiscal year to carry out a pub8 lic information and education program to help pre9 vent and reduce motor vehicle accidents, injuries, and

10 fatalities and to improve driver performance at rail11 way-highway crossings.’’.

12 SEC. 1402. RAILWAY-HIGHWAY CROSSING HAZARD ELIMI13 NATION IN HIGH SPEED RAIL CORRIDORS.

14 Section 104(d) of title 23, United States Code, is

15 amended by striking paragraphs (2) and (3) and inserting

16 the following:

17 ‘‘(2) RAILWAY-HIGHWAY CROSSING HAZARD

18 ELIMINATION IN HIGH SPEED RAIL CORRIDORS.—

19 ‘‘(A) IN GENERAL.—Before making an ap20 portionment of funds under subsection (b)(3) for

21 a fiscal year, the Secretary shall set aside

22 $5,000,000 of the funds made available for the

23 surface transportation program for the fiscal

24 year for elimination of hazards of railway-high25 way crossings.
285

S 1173 OPS

1 ‘‘(B) ELIGIBLE CORRIDORS.—Funds made

2 available under subparagraph (A) shall be ex3 pended for projects in—

4 ‘‘(i) 5 railway corridors selected by the

5 Secretary in accordance with this subsection

6 (as in effect on the day before the date of en7 actment of this clause);

8 ‘‘(ii) 3 railway corridors selected by

9 the Secretary in accordance with subpara10 graphs (C) and (D); and

11 ‘‘(iii) a Gulf Coast high speed railway

12 corridor (as designated by the Secretary).

13 ‘‘(C) REQUIRED INCLUSION OF HIGH SPEED

14 RAIL LINES.—A corridor selected by the Sec15 retary under subparagraph (B) shall include rail

16 lines where railroad speeds of 90 miles or more

17 per hour are occurring or can reasonably be ex18 pected to occur in the future.

19 ‘‘(D) CONSIDERATIONS IN CORRIDOR SELEC20 TION.—In selecting corridors under subpara21 graph (B), the Secretary shall consider—

22 ‘‘(i) projected rail ridership volume in

23 each corridor;

24 ‘‘(ii) the percentage of each corridor

25 over which a train will be capable of oper-
286

S 1173 OPS

1 ating at its maximum cruise speed taking

2 into account such factors as topography and

3 other traffic on the line;

4 ‘‘(iii) projected benefits to nonriders

5 such as congestion relief on other modes of

6 transportation serving each corridor (in7 cluding congestion in heavily traveled air

8 passenger corridors);

9 ‘‘(iv) the amount of State and local fi10 nancial support that can reasonably be an11 ticipated for the improvement of the line

12 and related facilities; and

13 ‘‘(v) the cooperation of the owner of the

14 right-of-way that can reasonably be expected

15 in the operation of high speed rail passenger

16 service in each corridor.

17 ‘‘(E)(i) AUTHORIZATION OF APPROPRIA18 TIONS.—There is authorized to be appropriated

19 $15,000,000 in each of fiscal years 1998 through

20 2003 to carry out this subsection.

21 ‘‘(ii) AVAILABILITY.—Notwithstanding sec22 tion 118(a), funds made available under clause

23 (i) shall not be available in advance of an an24 nual appropriation.’’.
287

S 1173 OPS

1 SEC. 1403. RAILWAY-HIGHWAY CROSSINGS.

2 Section 130 of title 23, United States Code, is amend3 ed—

4 (1) in the first sentence of subsection (a)—

5 (A) by striking ‘‘structures, and’’ and in6 serting ‘‘structures,’’; and

7 (B) by inserting after ‘‘grade crossings,’’ the

8 following: ‘‘trespassing countermeasures in the

9 immediate vicinity of a public railway-highway

10 grade crossing, railway-highway crossing safety

11 education, enforcement of traffic laws relating to

12 railway-highway crossing safety, and projects at

13 privately owned railway-highway crossings if

14 each such project is publicly sponsored and the

15 Secretary determines that the project would serve

16 a public benefit,’’;

17 (2) in subsection (d), by adding at the end the

18 following: ‘‘In a manner established by the Secretary,

19 each State shall submit a report that describes com20 pleted railway-highway crossing projects funded

21 under this section to the Department of Transpor22 tation for inclusion in the National Grade Crossing

23 Inventory prepared by the Department of Transpor24 tation and the Association of American Railroads.’’;

25 and

26 (3) by striking subsection (e).
288

S 1173 OPS

1 SEC. 1404. HAZARD ELIMINATION PROGRAM.

2 (a) IN GENERAL.—Section 152 of title 23, United

3 States Code, is amended—

4 (1) in subsection (a)—

5 (A) by striking ‘‘(a) Each’’ and inserting

6 the following:

7 ‘‘(a) IN GENERAL.—

8 ‘‘(1) PROGRAM.—Each’’;

9 (B) by inserting ‘‘, bicyclists,’’ after ‘‘motor10 ists’’; and

11 (C) by adding at the end the following:

12 ‘‘(2) HAZARDS.—In carrying out paragraph (1),

13 a State may, at its discretion—

14 ‘‘(A) identify through a survey hazards to

15 motorists, bicyclists, pedestrians, and users of

16 highway facilities; and

17 ‘‘(B) develop and implement projects and

18 programs to address the hazards.’’;

19 (2) in subsection (b), by striking ‘‘highway safety

20 improvement project’’ and inserting ‘‘safety improve21 ment project, including a project described in sub22 section (a)’’; and

23 (3) in subsection (c), by striking ‘‘on any public

24 road (other than a highway on the Interstate Sys25 tem).’’ and inserting the following: ‘‘on—

26 ‘‘(1) any public road;
289

S 1173 OPS

1 ‘‘(2) any public transportation vehicle or facil2 ity, any publicly owned bicycle or pedestrian path3 way or trail, or any other facility that the Secretary

4 determines to be appropriate; or

5 ‘‘(3) any traffic calming measure.’’.

6 (b) CONFORMING AMENDMENTS.—

7 (1) Section 101(a) of title 23, United States

8 Code, is amended—

9 (A) in the undesignated paragraph defining

10 ‘‘highway safety improvement project’’, by strik11 ing ‘‘highway safety’’ and inserting ‘‘safety’’;

12 and

13 (B) by moving that undesignated para14 graph to appear before the undesignated para15 graph defining ‘‘Secretary’’.

16 (2) Section 152 of title 23, United States Code,

17 is amended in subsections (f) and (g) by striking

18 ‘‘highway safety improvement projects’’ each place it

19 appears and inserting ‘‘safety improvement projects’’.

20 SEC. 1405. MINIMUM PENALTIES FOR REPEAT OFFENDERS

21 FOR DRIVING WHILE INTOXICATED OR DRIV22 ING UNDER THE INFLUENCE.

23 (a) IN GENERAL.—Chapter 1 of title 23, United States

24 Code (as amended by section 1301(a)), is amended by add25 ing at the end the following:
290

S 1173 OPS

1 ‘‘§ 163. Minimum penalties for repeat offenders for

2 driving while intoxicated or driving

3 under the influence

4 ‘‘(a) DEFINITIONS.—In this section:

5 ‘‘(1) ALCOHOL CONCENTRATION.—The term ‘al6 cohol concentration’ means grams of alcohol per 100

7 milliliters of blood or grams of alcohol per 210 liters

8 of breath.

9 ‘‘(2) DRIVING WHILE INTOXICATED; DRIVING

10 UNDER THE INFLUENCE.—The terms ‘driving while

11 intoxicated’ and ‘driving under the influence’ mean

12 driving or being in actual physical control of a motor

13 vehicle while having an alcohol concentration above

14 the permitted limit as established by each State.

15 ‘‘(3) LICENSE SUSPENSION.—The term ‘license

16 suspension’ means the suspension of all driving privi17 leges.

18 ‘‘(4) MOTOR VEHICLE.—The term ‘motor vehicle’

19 means a vehicle driven or drawn by mechanical

20 power and manufactured primarily for use on public

21 highways, but does not include a vehicle operated sole22 ly on a rail line or a commercial vehicle.

23 ‘‘(5) REPEAT INTOXICATED DRIVER LAW.—The

24 term ‘repeat intoxicated driver law’ means a State

25 law that provides, as a minimum penalty, that an

26 individual convicted of a second or subsequent offense
291

S 1173 OPS

1 for driving while intoxicated or driving under the in2 fluence after a previous conviction for that offense

3 shall—

4 ‘‘(A) receive a driver’s license suspension for

5 not less than 1 year;

6 ‘‘(B) be subject to the impoundment or im7 mobilization of each of the individual’s motor ve8 hicles or the installation of an ignition interlock

9 system on each of the motor vehicles;

10 ‘‘(C) receive an assessment of the individ11 ual’s degree of abuse of alcohol and treatment as

12 appropriate; and

13 ‘‘(D) receive—

14 ‘‘(i) in the case of the second offense—

15 ‘‘(I) an assignment of not less

16 than 30 days of community service; or

17 ‘‘(II) not less than 5 days of im18 prisonment; and

19 ‘‘(ii) in the case of the third or subse20 quent offense—

21 ‘‘(I) an assignment of not less

22 than 60 days of community service; or

23 ‘‘(II) not less than 10 days of im24 prisonment.

25 ‘‘(b) TRANSFER OF FUNDS.—
292

S 1173 OPS

1 ‘‘(1) FISCAL YEARS 2001 AND 2002.—

2 ‘‘(A) IN GENERAL.—On October 1, 2000,

3 and October 1, 2001, if a State has not enacted

4 or is not enforcing a repeat intoxicated driver

5 law, the Secretary shall transfer an amount

equal to 11 6 ⁄2 percent of the funds apportioned to

7 the State on that date under paragraphs (1) and

8 (3) of section 104(b) to the apportionment of the

9 State under section 402—

10 ‘‘(i) to be used for alcohol-impaired

11 driving countermeasures; or

12 ‘‘(ii) to be directed to State and local

13 law enforcement agencies for enforcement of

14 laws prohibiting driving while intoxicated

15 or driving under the influence and other re16 lated laws (including regulations), includ17 ing the purchase of equipment, the training

18 of officers, and the use of additional person19 nel for specific alcohol-impaired driving

20 countermeasures, dedicated to enforcement

21 of the laws (including regulations).

22 ‘‘(B) DERIVATION OF AMOUNT TO BE

23 TRANSFERRED.—An amount transferred under

24 subparagraph (A) may be derived—
293

S 1173 OPS

1 ‘‘(i) from the apportionment of the

2 State under section 104(b)(1);

3 ‘‘(ii) from the apportionment of the

4 State under section 104(b)(3); or

5 ‘‘(iii) partially from the apportion6 ment of the State under section 104(b)(1)

7 and partially from the apportionment of the

8 State under section 104(b)(3).

9 ‘‘(2) FISCAL YEAR 2003 AND FISCAL YEARS

10 THEREAFTER.—

11 ‘‘(A) IN GENERAL.—On October 1, 2002,

12 and each October 1 thereafter, if a State has not

13 enacted or is not enforcing a repeat intoxicated

14 driver law, the Secretary shall transfer 3 percent

15 of the funds apportioned to the State on that

16 date under each of paragraphs (1) and (3) of sec17 tion 104(b) to the apportionment of the State

18 under section 402—

19 ‘‘(i) to be used for alcohol-impaired

20 driving countermeasures; or

21 ‘‘(ii) to be directed to State and local

22 law enforcement agencies for enforcement of

23 laws prohibiting driving while intoxicated

24 or driving under the influence and other re25 lated laws (including regulations), includ-
294

S 1173 OPS

1 ing the purchase of equipment, the training

2 of officers, and the use of additional person3 nel for specific alcohol-impaired driving

4 countermeasures, dedicated to enforcement

5 of the laws (including regulations).

6 ‘‘(B) DERIVATION OF AMOUNT TO BE

7 TRANSFERRED.—An amount transferred under

8 subparagraph (A) may be derived—

9 ‘‘(i) from the apportionment of the

10 State under section 104(b)(1);

11 ‘‘(ii) from the apportionment of the

12 State under section 104(b)(3); or

13 ‘‘(iii) partially from the apportion14 ment of the State under section 104(b)(1)

15 and partially from the apportionment of the

16 State under section 104(b)(3).

17 ‘‘(3) FEDERAL SHARE.—The Federal share of the

18 cost of a project carried out under section 402 with

19 funds transferred under paragraph (1) or (2) shall be

20 100 percent.

21 ‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.—

22 ‘‘(A) IN GENERAL.—If the Secretary trans23 fers under this subsection any funds to the ap24 portionment of a State under section 402 for a

25 fiscal year, the Secretary shall transfer an
295

S 1173 OPS

1 amount, determined under subparagraph (B), of

2 obligation authority distributed for the fiscal

3 year to the State for Federal-aid highways and

4 highway safety construction programs for carry5 ing out projects under section 402.

6 ‘‘(B) AMOUNT.—The amount of obligation

7 authority referred to in subparagraph (A) shall

8 be determined by multiplying—

9 ‘‘(i) the amount of funds transferred

10 under subparagraph (A) to the apportion11 ment of the State under section 402 for the

12 fiscal year; by

13 ‘‘(ii) the ratio that—

14 ‘‘(I) the amount of obligation au15 thority distributed for the fiscal year to

16 the State for Federal-aid highways and

17 highway safety construction programs;

18 bears to

19 ‘‘(II) the total of the sums appor20 tioned to the State for Federal-aid

21 highways and highway safety construc22 tion programs (excluding sums not

23 subject to any obligation limitation)

24 for the fiscal year.
296

S 1173 OPS

1 ‘‘(5) LIMITATION ON APPLICABILITY OF HIGHWAY

2 SAFETY OBLIGATIONS.—Notwithstanding any other

3 provision of law, no limitation on the total of obliga4 tions for highway safety programs under section 402

5 shall apply to funds transferred under this subsection

6 to the apportionment of a State under that section.’’.

7 (b) CONFORMING AMENDMENT.—The analysis for

8 chapter 1 of title 23, United States Code (as amended by

9 section 1301(b)), is amended by adding at the end the fol10 lowing:

‘‘163. Minimum penalties for repeat offenders for driving while intoxicated or

driving under the influence.’’.

11 SEC. 1406. SAFETY INCENTIVE GRANTS FOR USE OF SEAT

12 BELTS.

13 (a) IN GENERAL.—Chapter 1 of title 23, United States

14 Code (as amended by section 1405(a)), is amended by add15 ing at the end the following:

16 ‘‘§ 164. Safety incentive grants for use of seat belts

17 ‘‘(a) DEFINITIONS.—In this section:

18 ‘‘(1) MOTOR VEHICLE.—The term ‘motor vehicle’

19 means a vehicle driven or drawn by mechanical

20 power and manufactured primarily for use on public

21 highways, but does not include a vehicle operated sole22 ly on a rail line.

23 ‘‘(2) MULTIPURPOSE PASSENGER MOTOR VEHI24 CLE.—The term ‘multipurpose passenger motor vehi-
297

S 1173 OPS

1 cle’ means a motor vehicle with motive power (except

2 a trailer), designed to carry not more than 10 indi3 viduals, that is constructed on a truck chassis or is

4 constructed with special features for occasional off5 road operation.

6 ‘‘(3) NATIONAL AVERAGE SEAT BELT USE

7 RATE.—The term ‘national average seat belt use rate’

8 means, in the case of each of calendar years 1995

9 through 2001, the national average seat belt use rate

10 for that year, as determined by the Secretary.

11 ‘‘(4) PASSENGER CAR.—The term ‘passenger car’

12 means a motor vehicle with motive power (except a

13 multipurpose passenger motor vehicle, motorcycle, or

14 trailer) designed to carry not more than 10 individ15 uals.

16 ‘‘(5) PASSENGER MOTOR VEHICLE.—The term

17 ‘passenger motor vehicle’ means a passenger car or a

18 multipurpose passenger motor vehicle.

19 ‘‘(6) SAVINGS TO THE FEDERAL GOVERNMENT.—

20 The term ‘savings to the Federal Government’ means

21 the amount of Federal budget savings relating to Fed22 eral medical costs (including savings under the medi23 care and medicaid programs under titles XVIII and

24 XIX of the Social Security Act (42 U.S.C. 1395 et

25 seq.)), as determined by the Secretary.
298

S 1173 OPS

1 ‘‘(7) SEAT BELT.—The term ‘seat belt’ means—

2 ‘‘(A) with respect to an open-body passenger

3 motor vehicle, including a convertible, an occu4 pant restraint system consisting of a lap belt or

5 a lap belt and a detachable shoulder belt; and

6 ‘‘(B) with respect to any other passenger

7 motor vehicle, an occupant restraint system con8 sisting of integrated lap and shoulder belts.

9 ‘‘(8) STATE SEAT BELT USE RATE.—The term

10 ‘State seat belt use rate’ means the rate of use of seat

11 belts in passenger motor vehicles in a State, as meas12 ured and submitted to the Secretary—

13 ‘‘(A) for each of calendar years 1995

14 through 1997, by the State, as adjusted by the

15 Secretary to ensure national consistency in

16 methods of measurement (as determined by the

17 Secretary); and

18 ‘‘(B) for each of calendar years 1998

19 through 2001, by the State in a manner consist20 ent with the criteria established by the Secretary

21 under subsection (e).

22 ‘‘(b) DETERMINATIONS BY THE SECRETARY.—Not

23 later than 30 days after the date of enactment of this sec24 tion, and not later than September 1 of each calendar year
299

S 1173 OPS

1 thereafter through September 1, 2002, the Secretary shall

2 determine—

3 ‘‘(1)(A) which States had, for each of the pre4 vious calendar years (referred to in this subsection as

5 the ‘previous calendar year’) and the year preceding

6 the previous calendar year, a State seat belt use rate

7 greater than the national average seat belt use rate

8 for that year; and

9 ‘‘(B) in the case of each State described in sub10 paragraph (A), the amount that is equal to the sav11 ings to the Federal Government due to the amount by

12 which the State seat belt use rate for the previous cal13 endar year exceeds the national average seat belt use

14 rate for that year; and

15 ‘‘(2) in the case of each State that is not a State

16 described in paragraph (1)(A)—

17 ‘‘(A) the base seat belt use rate of the State,

18 which shall be equal to the highest State seat belt

19 use rate for the State for any calendar year dur20 ing the period of 1995 through the calendar year

21 preceding the previous calendar year; and

22 ‘‘(B) the amount that is equal to the savings

23 to the Federal Government due to any increase

24 in the State seat belt use rate for the previous
300

S 1173 OPS

1 calendar year over the base seat belt use rate de2 termined under subparagraph (A).

3 ‘‘(c) ALLOCATIONS.—

4 ‘‘(1) STATES WITH GREATER THAN THE NA5 TIONAL AVERAGE SEAT BELT USE RATE.—Not later

6 than 30 days after the date of enactment of this sec7 tion, and not later than each October 1 thereafter

8 through October 1, 2002, the Secretary shall allocate

9 to each State described in subsection (b)(1)(A) an

10 amount equal to the amount determined for the State

11 under subsection (b)(1)(B).

12 ‘‘(2) OTHER STATES.—Not later than 30 days

13 after the date of enactment of this section, and not

14 later than each October 1 thereafter through October

15 1, 2002, the Secretary shall allocate to each State de16 scribed in subsection (b)(2) an amount equal to the

17 amount determined for the State under subsection

18 (b)(2)(B).

19 ‘‘(d) USE OF FUNDS.—For each fiscal year, each State

20 that is allocated an amount under this section shall use the

21 amount for projects eligible for assistance under this title.

22 ‘‘(e) CRITERIA.—Not later than 180 days after the date

23 of enactment of the Intermodal Surface Transportation Ef24 ficiency Act of 1998, the Secretary shall establish criteria

25 for the measurement of State seat belt use rates by States
301

S 1173 OPS

1 to ensure that the measurements are accurate and represent2 ative.

3 ‘‘(f) FUNDING.—

4 ‘‘(1) AUTHORIZATION OF CONTRACT AUTHOR5 ITY.—There shall be available from the Highway

6 Trust Fund (other than the Mass Transit Account) to

7 carry out this section $60,000,000 for fiscal year

8 1998, $70,000,000 for fiscal year 1999, $80,000,000

9 for fiscal year 2000, $90,000,000 for fiscal year 2001,

10 and $100,000,000 for each of fiscal years 2002 and

11 2003.

12 ‘‘(2) PROPORTIONATE ADJUSTMENT.—If the total

13 amounts to be allocated under subsection (c) for any

14 fiscal year would exceed the amounts authorized for

15 the fiscal year under paragraph (1), the allocation to

16 each State under subsection (c) shall be reduced pro17 portionately.

18 ‘‘(3) USE OF UNALLOCATED FUNDS.—To the ex19 tent that the amounts made available for any fiscal

20 year under paragraph (1) exceed the total amounts to

21 be allocated under subsection (c) for the fiscal year,

22 the excess amounts shall be allocated as follows:

23 ‘‘(A) 50 percent to be apportioned to the

24 States in the same manner in which funds are

25 apportioned under section 402(c).
302

S 1173 OPS

1 ‘‘(B) 50 percent to be allocated by the Sec2 retary under section 403 through cooperative

3 agreements with States to carry out innovative

4 programs to promote increased seat belt use

5 rates.

6 ‘‘(4) ADMINISTRATIVE EXPENSES.—Not more

7 than 2 percent of the funds made available to carry

8 out this section may be used to pay the necessary ad9 ministrative expenses incurred in carrying out this

10 section.’’.

11 (b) CONFORMING AMENDMENT.—The analysis for

12 chapter 1 of title 23, United States Code (as amended by

13 section 1405(b)), is amended by adding at the end the fol14 lowing:

‘‘164. Safety incentive grants for use of seat belts.’’.

15 SEC. 1407. AUTOMATIC CRASH PROTECTION UNBELTED

16 TESTING STANDARD.

17 (a) IN GENERAL.—

18 (1) TESTING WITH SIMULTANEOUS USE.—Begin19 ning on the date of enactment of this Act, for the pur20 pose of certification under section 30115 of title 49,

21 United States Code, of compliance with the motor ve22 hicle safety standards under section 30111 of that

23 title, a manufacturer or distributor of a motor vehicle

24 shall be deemed to be in compliance with applicable

25 performance standards for occupant crash protection
303

S 1173 OPS

1 if the motor vehicle meets the applicable requirements

2 for testing with the simultaneous use of both an auto3 matic restraint system and a manual seat belt.

4 (2) PROHIBITION.—In no case shall a manufac5 turer or distributor use, for the purpose of the certifi6 cation referred to in paragraph (1), testing that pro7 vides for the use of an automatic restraint system

8 without the use of a manual seat belt.

9 (b) REVISION OF STANDARDS.—The Secretary shall

10 issue such revised standards under section 30111 of title

11 49, United States Code, as are necessary to conform to sub12 section (a).

13 SEC. 1408. NATIONAL STANDARD TO PROHIBIT OPERATION

14 OF MOTOR VEHICLES BY INTOXICATED INDI15 VIDUALS.

16 (a) IN GENERAL.—Chapter 1 of title 23, United States

17 Code, is amended by inserting after section 153 the follow18 ing:

19 ‘‘§ 154. National standard to prohibit operation of

20 motor vehicles by intoxicated individuals

21 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON22 COMPLIANCE.—

23 ‘‘(1) FISCAL YEAR 2002.—The Secretary shall

24 withhold 5 percent of the amount required to be ap25 portioned to any State under each of paragraphs
304

S 1173 OPS

1 (1)(A), (1)(C), and (3) of section 104(b) on October

2 1, 2001, if the State does not meet the requirements

3 of paragraph (3) on that date.

4 ‘‘(2) SUBSEQUENT FISCAL YEARS.—The Sec5 retary shall withhold 10 percent (including any

6 amounts withheld under paragraph (1)) of the

7 amount required to be apportioned to any State

8 under each of paragraphs (1)(A), (1)(C), and (3) of

9 section 104(b) on October 1, 2002, and on October 1

10 of each fiscal year thereafter, if the State does not

11 meet the requirements of paragraph (3) on that date.

12 ‘‘(3) REQUIREMENTS.—A State meets the re13 quirements of this paragraph if the State has enacted

14 and is enforcing a law providing that an individual

15 who has an alcohol concentration of 0.08 percent or

16 greater while operating a motor vehicle in the State

17 is guilty of the offense of driving while intoxicated (or

18 an equivalent offense that carries the greatest penalty

19 under the law of the State for operating a motor vehi20 cle after having consumed alcohol).

21 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI22 ANCE AND NONCOMPLIANCE.—

23 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

24 FUNDS.—
305

S 1173 OPS

1 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

2 SEPTEMBER 30, 2003.—Any funds withheld under

3 subsection (a) from apportionment to any State

4 on or before September 30, 2003, shall remain

5 available until the end of the third fiscal year

6 following the fiscal year for which the funds are

7 authorized to be appropriated.

8 ‘‘(B) FUNDS WITHHELD AFTER SEPTEMBER

9 30, 2003.—No funds withheld under this section

10 from apportionment to any State after Septem11 ber 30, 2003, shall be available for apportion12 ment to the State.

13 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

14 AFTER COMPLIANCE.—If, before the last day of the pe15 riod for which funds withheld under subsection (a)

16 from apportionment are to remain available for ap17 portionment to a State under paragraph (1)(A), the

18 State meets the requirements of subsection (a)(3), the

19 Secretary shall, on the first day on which the State

20 meets the requirements, apportion to the State the

21 funds withheld under subsection (a) that remain

22 available for apportionment to the State.

23 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE24 QUENTLY APPORTIONED FUNDS.—
306

S 1173 OPS

1 ‘‘(A) IN GENERAL.—Any funds apportioned

2 under paragraph (2) shall remain available for

3 expenditure until the end of the third fiscal year

4 following the fiscal year in which the funds are

5 so apportioned.

6 ‘‘(B) TREATMENT OF CERTAIN FUNDS.—

7 Sums not obligated at the end of the period re8 ferred to in subparagraph (A) shall—

9 ‘‘(i) lapse; or

10 ‘‘(ii) in the case of funds apportioned

11 under section 104(b)(1)(A), lapse and be

12 made available by the Secretary for projects

13 in accordance with section 118.

14 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the

15 end of the period for which funds withheld under sub16 section (a) from apportionment are available for ap17 portionment to a State under paragraph (1)(A), the

18 State does not meet the requirements of subsection

19 (a)(3), the funds shall—

20 ‘‘(A) lapse; or

21 ‘‘(B) in the case of funds withheld from ap22 portionment under section 104(b)(1)(A), lapse

23 and be made available by the Secretary for

24 projects in accordance with section 118.’’.
307

S 1173 OPS

1 (b) CONFORMING AMENDMENT.—The analysis for

2 chapter 1 of title 23, United States Code, is amended by

3 inserting after the item relating to section 153 the following:

‘‘154. National standard to prohibit operation of motor vehicles by intoxicated individuals.’’.

4 SEC. 1409. OPEN CONTAINER LAWS.

5 (a) ESTABLISHMENT.—Chapter 1 of title 23, United

6 States Code, is amended by inserting after section 153 the

7 following:

8 ‘‘§ 154. Open container requirements

9 ‘‘(a) DEFINITIONS.—In this section:

10 ‘‘(1) ALCOHOLIC BEVERAGE.—The term ‘alco11 holic beverage’ has the meaning given the term in sec12 tion 158(c).

13 ‘‘(2) MOTOR VEHICLE.—The term ‘motor vehicle’

14 means a vehicle driven or drawn by mechanical

15 power and manufactured primarily for use on public

16 highways, but does not include a vehicle operated ex17 clusively on a rail or rails.

18 ‘‘(3) OPEN ALCOHOLIC BEVERAGE CONTAINER.—

19 The term ‘open alcoholic beverage container’ has the

20 meaning given the term in section 410(i).

21 ‘‘(4) PASSENGER AREA.—The term ‘passenger

22 area’ shall have the meaning given the term by the

23 Secretary by regulation.
308

S 1173 OPS

1 ‘‘(b) WITHHOLDING OF APPORTIONMENTS FOR NON2 COMPLIANCE.—

3 ‘‘(1) FISCAL YEAR 2002.—The Secretary shall

4 withhold 5 percent of the amount required to be ap5 portioned to any State under each of paragraphs

6 (1)(A), (1)(C), and (3) of section 104(b) on October

7 1, 2001, if the State does not have in effect a law de8 scribed in paragraph (3) on that date.

9 ‘‘(2) SUBSEQUENT FISCAL YEARS.—The Sec10 retary shall withhold 10 percent (including any

11 amounts withheld under paragraph (1)) of the

12 amount required to be apportioned to any State

13 under each of paragraphs (1)(A), (1)(C), and (3) of

14 section 104(b) on October 1, 2002, and on October 1

15 of each fiscal year thereafter, if the State does not

16 have in effect a law described in paragraph (3) on

17 that date.

18 ‘‘(3) OPEN CONTAINER LAWS.—

19 ‘‘(A) IN GENERAL.—For the purposes of this

20 section, each State shall have in effect a law that

21 prohibits the possession of any open alcoholic

22 beverage container, or the consumption of any

23 alcoholic beverage, in the passenger area of any

24 motor vehicle (including possession or consump25 tion by the driver of the vehicle) located on a
309

S 1173 OPS

1 public highway, or the right-of-way of a public

2 highway, in the State.

3 ‘‘(B) MOTOR VEHICLES DESIGNED TO

4 TRANSPORT MANY PASSENGERS.—For the pur5 poses of this section, if a State has in effect a

6 law that makes unlawful the possession of any

7 open alcoholic beverage container in the pas8 senger area by the driver (but not by a pas9 senger) of a motor vehicle designed, maintained,

10 or used primarily for the transportation of per11 sons for compensation, or to the living quarters

12 of a house coach or house trailer, the State shall

13 be deemed to have in effect a law described in

14 this subsection with respect to such a motor vehi15 cle for each fiscal year during which the law is

16 in effect.

17 ‘‘(c) PERIOD OF AVAILABILITY; EFFECT OF COMPLI18 ANCE AND NONCOMPLIANCE.—

19 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

20 FUNDS.—

21 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

22 SEPTEMBER 30, 2003.—Any funds withheld under

23 subsection (b) from apportionment to any State

24 on or before September 30, 2003, shall remain

25 available until the end of the third fiscal year
310

S 1173 OPS

1 following the fiscal year for which the funds are

2 authorized to be appropriated.

3 ‘‘(B) FUNDS WITHHELD AFTER SEPTEMBER

4 30, 2003.—No funds withheld under this section

5 from apportionment to any State after Septem6 ber 30, 2003, shall be available for apportion7 ment to the State.

8 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

9 AFTER COMPLIANCE.—If, before the last day of the pe10 riod for which funds withheld under subsection (b)

11 from apportionment are to remain available for ap12 portionment to a State under paragraph (1)(A), the

13 State has in effect a law described in subsection

14 (b)(3), the Secretary shall, on the first day on which

15 the State has in effect such a law, apportion to the

16 State the funds withheld under subsection (b) that re17 main available for apportionment to the State.

18 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE19 QUENTLY APPORTIONED FUNDS.—

20 ‘‘(A) IN GENERAL.—Any funds apportioned

21 under paragraph (2) shall remain available for

22 expenditure until the end of the third fiscal year

23 following the fiscal year in which the funds are

24 so apportioned.
311

S 1173 OPS

1 ‘‘(B) TREATMENT OF CERTAIN FUNDS.—

2 Sums not obligated at the end of the period re3 ferred to in subparagraph (A) shall—

4 ‘‘(i) lapse; or

5 ‘‘(ii) in the case of funds apportioned

6 under section 104(b)(1)(A), lapse and be

7 made available by the Secretary for projects

8 in accordance with section 118.

9 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the

10 end of the period for which funds withheld under sub11 section (b) from apportionment are available for ap12 portionment to a State under paragraph (1)(A), the

13 State does not have in effect a law described in sub14 section (b)(3), the funds shall—

15 ‘‘(A) lapse; or

16 ‘‘(B) in the case of funds withheld from ap17 portionment under section 104(b)(1)(A), lapse

18 and be made available by the Secretary for

19 projects in accordance with section 118.’’.

20 (b) CONFORMING AMENDMENT.—The analysis for

21 chapter 1 of title 23, United States Code, is amended by

22 inserting after the item relating to section 153 the following:

‘‘154. Open container requirements.’’.
312

S 1173 OPS

1 SEC. 1410. REPORT ON EFFECTS OF ALLOWING HEAVIER

2 WEIGHT VEHICLES ON CERTAIN HIGHWAYS.

3 (a) DEFINITION OF HEAVIER WEIGHT VEHICLE.—In

4 this section, the term ‘‘heavier weight vehicle’’ means a vehi5 cle the operation of which on the Interstate System is pro6 hibited under section 127 of title 23, United States Code.

7 (b) REPORT.—Not later than December 31, 2000, the

8 Secretary shall submit to Congress a report on the effects

9 of allowing operation of heavier weight vehicles on Inter10 state Route 95 in the States of Maine and New Hampshire.

11 (c) CONTENTS.—The report shall contain an analysis

12 of the safety, infrastructure, cost recovery, environmental,

13 and economic implications of that operation.

14 (d) CONSULTATION.—In preparing the report, the Sec15 retary shall consult with the safety and modal administra16 tions of the Department of Transportation, and the States

17 of Maine and New Hampshire.

18 (e) MORATORIUM ON WITHHOLDING OF FUNDS.—Not19 withstanding section 127 of title 23, United States Code,

20 during the period beginning on the date of enactment of

21 this Act and ending on the earlier of the end of fiscal year

22 2002 or the date that is 1 year after the date of submission

23 of the report under subsection (b), the Secretary shall not

24 withhold, under that section, funds from apportionment to

25 the States of Maine and New Hampshire.
313

S 1173 OPS

1 Subtitle E—Environment

2 SEC. 1501. NATIONAL SCENIC BYWAYS PROGRAM.

3 (a) IN GENERAL.—Chapter 1 of title 23, United States

4 Code (as amended by section 1406(a)) is amended by add5 ing at the end the following:

6 ‘‘§ 165. National scenic byways program

7 ‘‘(a) DESIGNATION OF ROADS.—

8 ‘‘(1) IN GENERAL.—The Secretary shall carry

9 out a national scenic byways program that recognizes

10 roads having outstanding scenic, historic, cultural,

11 natural, recreational, and archaeological qualities by

12 designating the roads as National Scenic Byways or

13 All-American Roads.

14 ‘‘(2) CRITERIA.—The Secretary shall designate

15 roads to be recognized under the national scenic by16 ways program in accordance with criteria developed

17 by the Secretary.

18 ‘‘(3) NOMINATION.—To be considered for the des19 ignation, a road must be nominated by a State or a

20 Federal land management agency and must first be

21 designated as a State scenic byway or, in the case of

22 a road on Federal land, as a Federal land manage23 ment agency byway.

24 ‘‘(b) GRANTS AND TECHNICAL ASSISTANCE.—
314

S 1173 OPS

1 ‘‘(1) IN GENERAL.—The Secretary shall make

2 grants and provide technical assistance to States to—

3 ‘‘(A) implement projects on highways des4 ignated as National Scenic Byways or All-Amer5 ican Roads, or as State scenic byways; and

6 ‘‘(B) plan, design, and develop a State sce7 nic byway program.

8 ‘‘(2) PRIORITIES.—In making grants, the Sec9 retary shall give priority to—

10 ‘‘(A) each eligible project that is associated

11 with a highway that has been designated as a

12 National Scenic Byway or All-American Road

13 and that is consistent with the corridor manage14 ment plan for the byway;

15 ‘‘(B) each eligible project along a State-des16 ignated scenic byway that is consistent with the

17 corridor management plan for the byway, or is

18 intended to foster the development of such a

19 plan, and is carried out to make the byway eligi20 ble for designation as a National Scenic Byway

21 or All-American Road; and

22 ‘‘(C) each eligible project that is associated

23 with the development of a State scenic byway

24 program.
315

S 1173 OPS

1 ‘‘(c) ELIGIBLE PROJECTS.—The following are projects

2 that are eligible for Federal assistance under this section:

3 ‘‘(1) An activity related to the planning, design,

4 or development of a State scenic byway program.

5 ‘‘(2) Development and implementation of a cor6 ridor management plan to maintain the scenic, his7 torical, recreational, cultural, natural, and archae8 ological characteristics of a byway corridor while pro9 viding for accommodation of increased tourism and

10 development of related amenities.

11 ‘‘(3) Safety improvements to a State scenic

12 byway, National Scenic Byway, or All-American

13 Road to the extent that the improvements are nec14 essary to accommodate increased traffic and changes

15 in the types of vehicles using the highway as a result

16 of the designation as a State scenic byway, National

17 Scenic Byway, or All-American Road.

18 ‘‘(4) Construction along a scenic byway of a fa19 cility for pedestrians and bicyclists, rest area, turn20 out, highway shoulder improvement, passing lane,

21 overlook, or interpretive facility.

22 ‘‘(5) An improvement to a scenic byway that

23 will enhance access to an area for the purpose of

24 recreation, including water-related recreation.
316

S 1173 OPS

1 ‘‘(6) Protection of scenic, historical, recreational,

2 cultural, natural, and archaeological resources in an

3 area adjacent to a scenic byway.

4 ‘‘(7) Development and provision of tourist infor5 mation to the public, including interpretive informa6 tion about a scenic byway.

7 ‘‘(8) Development and implementation of a sce8 nic byways marketing program.

9 ‘‘(d) LIMITATION.—The Secretary shall not make a

10 grant under this section for any project that would not pro11 tect the scenic, historical, recreational, cultural, natural,

12 and archaeological integrity of a highway and adjacent

13 areas.

14 ‘‘(e) FEDERAL SHARE.—The Federal share of the cost

15 of carrying out a project under this section shall be 80 per16 cent, except that, in the case of any scenic byways project

17 along a public road that provides access to or within Fed18 eral or Indian land, a Federal land management agency

19 may use funds authorized for use by the agency as the non20 Federal share.

21 ‘‘(f) AUTHORIZATION OF CONTRACT AUTHORITY.—

22 There shall be available from the Highway Trust Fund

23 (other than the Mass Transit Account) to carry out this

24 section $17,000,000 for fiscal year 1998, $17,000,000 for fis25 cal year 1999, $19,000,000 for fiscal year 2000,
317

S 1173 OPS

1 $19,000,000 for fiscal year 2001, $21,000,000 for fiscal year

2 2002, and $23,000,000 for fiscal year 2003.’’.

3 (b) CONFORMING AMENDMENT.—The analysis for

4 chapter 1 of title 23, United States Code (as amended by

5 section 1406(b)), is amended by adding at the end the fol6 lowing:

‘‘165. National scenic byways program.’’.

7 SEC. 1502. PUBLIC-PRIVATE PARTNERSHIPS.

8 Section 149 of title 23, United States Code, is amended

9 by adding at the end the following:

10 ‘‘(e) PARTNERSHIPS WITH NONGOVERNMENTAL ENTI11 TIES.—

12 ‘‘(1) IN GENERAL.—Notwithstanding any other

13 provision of this title and in accordance with this

14 subsection, a metropolitan planning organization,

15 State transportation department, or other project

16 sponsor may enter into an agreement with any pub17 lic, private, or nonprofit entity to cooperatively im18 plement any project carried out under this section.

19 ‘‘(2) FORMS OF PARTICIPATION BY ENTITIES.—

20 Participation by an entity under paragraph (1) may

21 consist of—

22 ‘‘(A) ownership or operation of any land,

23 facility, vehicle, or other physical asset associ24 ated with the project;

25 ‘‘(B) cost sharing of any project expense;
318

S 1173 OPS

1 ‘‘(C) carrying out of administration, con2 struction management, project management,

3 project operation, or any other management or

4 operational duty associated with the project; and

5 ‘‘(D) any other form of participation ap6 proved by the Secretary.

7 ‘‘(3) ALLOCATION TO ENTITIES.—A State may

8 allocate funds apportioned under section 104(b)(2) to

9 an entity described in paragraph (1).

10 ‘‘(4) ALTERNATIVE FUEL PROJECTS.—In the case

11 of a project that will provide for the use of alternative

12 fuels by privately owned vehicles or vehicle fleets, ac13 tivities eligible for funding under this subsection—

14 ‘‘(A) may include the costs of vehicle refuel15 ing infrastructure and other capital investments

16 associated with the project; and

17 ‘‘(B) shall—

18 ‘‘(i) include only the incremental cost

19 of an alternative fueled vehicle compared to

20 a conventionally fueled vehicle that would

21 otherwise be borne by a private party; and

22 ‘‘(ii) apply other governmental finan23 cial purchase contributions in the calcula24 tion of net incremental cost.
319

S 1173 OPS

1 ‘‘(5) PROHIBITION ON FEDERAL PARTICIPATION

2 WITH RESPECT TO REQUIRED ACTIVITIES.—A Federal

3 participation payment under this subsection may not

4 be made to an entity to fund an obligation imposed

5 under the Clean Air Act (42 U.S.C. 7401 et seq.) or

6 any other Federal law.’’.

7 SEC. 1503. WETLAND RESTORATION PILOT PROGRAM.

8 (a) FINDINGS.—Congress finds that—

9 (1) surface transportation has unintended but

10 negative consequences for wetlands and other water

11 resources;

12 (2) in almost every State, construction and other

13 highway activities have reduced or eliminated wet14 land functions and values, such as wildlife habitat,

15 ground water recharge, flood control, and water qual16 ity benefits;

(3) the United States has lost more than 1 17 ⁄2 of

18 the estimated 220,000,000 acres of wetlands that ex19 isted during colonial times; and

20 (4) while the rate of human-induced destruction

21 and conversion of wetlands has slowed in recent

22 years, the United States has suffered unacceptable

23 wetland losses as a result of highway projects.

24 (b) ESTABLISHMENT.—The Secretary shall establish a

25 national wetland restoration pilot program (referred to in
320

S 1173 OPS

1 this section as the ‘‘program’’) to fund mitigation projects

2 to offset the degradation of wetlands, or the loss of functions

3 and values of the aquatic resource, resulting from projects

4 carried out before December 27, 1977, under title 23, United

5 States Code (or similar projects as determined by the Sec6 retary), for which mitigation has not been performed.

7 (c) APPLICATIONS.—To be eligible for funding under

8 the program, a State shall submit an application to the

9 Secretary that includes—

10 (1) a description of the wetland proposed to be

11 restored by a mitigation project described in sub12 section (b) (referred to in this section as a ‘‘wetland

13 restoration project’’) under the program (including

14 the size and quality of the wetland);

15 (2) such information as is necessary to establish

16 a nexus between—

17 (A) a project carried out under title 23,

18 United States Code (or a similar project as de19 termined by the Secretary); and

20 (B) the wetland values and functions pro21 posed to be restored by the wetland restoration

22 project;

23 (3) a description of the benefits expected from the

24 proposed wetland restoration project (including im-
321

S 1173 OPS

1 provement of water quality, improvement of wildlife

2 habitat, ground water recharge, and flood control);

3 (4) a description of the State’s level of commit4 ment to the proposed wetland restoration project (in5 cluding the monetary commitment of the State and

6 any development of a State or regional conservation

7 plan that includes the proposed wetland restoration);

8 and

9 (5) the estimated total cost of the wetland res10 toration project.

11 (d) SELECTION OF WETLAND RESTORATION

12 PROJECTS.—

13 (1) INTERAGENCY COUNCIL.—In consultation

14 with the Secretary of the Army, the Secretary of the

15 Interior, the Secretary of Agriculture, and the Admin16 istrator of the Environmental Protection Agency, the

17 Secretary shall establish an interagency advisory

18 council to—

19 (A) review the submitted applications that

20 meet the requirements of subsection (c); and

21 (B) not later than 60 days after the appli22 cation deadline, select wetland restoration

23 projects for funding under the program.

24 (2) SELECTION CRITERIA FOR PRIORITY WET25 LAND RESTORATION PROJECTS.—In consultation with
322

S 1173 OPS

1 the Secretary of the Army, the Secretary of the Inte2 rior, the Secretary of Agriculture, and the Adminis3 trator of the Environmental Protection Agency, the

4 Secretary shall give priority in funding under this

5 section to wetland restoration projects that—

6 (A) provide for long-term monitoring and

7 maintenance of wetland resources;

8 (B) are managed by an entity, such as a

9 State wildlife agency, wetland conservation

10 group, land trust, or nature conservancy, with

11 expertise in the long-term monitoring and pro12 tection of wetland resources; and

13 (C) have a high likelihood of success.

14 (e) REPORTS.—Not later than April 1, 2000, and

15 April 1, 2003, the Secretary shall submit a report to Con16 gress on the results of the program.

17 (f) AUTHORIZATION OF CONTRACT AUTHORITY.—

18 (1) IN GENERAL.—There shall be available from

19 the Highway Trust Fund (other than the Mass Tran20 sit Account) to carry out this section $12,000,000 for

21 fiscal year 1998, $13,000,000 for fiscal year 1999,

22 $14,000,000 for fiscal year 2000, $17,000,000 for fis23 cal year 2001, $20,000,000 for fiscal year 2002, and

24 $24,000,000 for fiscal year 2003.
323

S 1173 OPS

1 (2) CONTRACT AUTHORITY.—Funds authorized

2 under this subsection shall be available for obligation

3 in the same manner as if the funds were apportioned

4 under chapter 1 of title 23, United States Code.

5 Subtitle F—Planning

6 SEC. 1601. METROPOLITAN PLANNING.

7 (a) IN GENERAL.—Section 134 of title 23, United

8 States Code, is amended to read as follows:

9 ‘‘§ 134. Metropolitan planning

10 ‘‘(a) GENERAL REQUIREMENTS.—

11 ‘‘(1) FINDINGS.—Congress finds that it is in the

12 national interest to encourage and promote the safe

13 and efficient management, operation, and develop14 ment of surface transportation systems that will serve

15 the mobility needs of people and freight within and

16 through urbanized areas, while minimizing transpor17 tation-related fuel consumption and air pollution.

18 ‘‘(2) DEVELOPMENT OF PLANS AND PROGRAMS.—

19 To accomplish the objective stated in paragraph (1),

20 metropolitan planning organizations designated

21 under subsection (b), in cooperation with the State

22 and public transit operators, shall develop transpor23 tation plans and programs for urbanized areas of the

24 State.
324

S 1173 OPS

1 ‘‘(3) CONTENTS.—The plans and programs for

2 each metropolitan area shall provide for the develop3 ment and integrated management and operation of

4 transportation systems and facilities (including pe5 destrian walkways and bicycle transportation facili6 ties) that will function as an intermodal transpor7 tation system for the metropolitan area and as an in8 tegral part of an intermodal transportation system

9 for the State and the United States.

10 ‘‘(4) PROCESS.—The process for developing the

11 plans and programs shall provide for consideration of

12 all modes of transportation and shall be continuing,

13 cooperative, and comprehensive to the degree appro14 priate, based on the complexity of the transportation

15 problems to be addressed.

16 ‘‘(b) DESIGNATION OF METROPOLITAN PLANNING OR17 GANIZATIONS.—

18 ‘‘(1) IN GENERAL.—To carry out the transpor19 tation planning process required by this section, a

20 metropolitan planning organization shall be des21 ignated for each urbanized area with a population of

22 more than 50,000 individuals—

23 ‘‘(A) by agreement between the Governor

24 and units of general purpose local government

25 that together represent at least 75 percent of the
325

S 1173 OPS

1 affected population (including the central city or

2 cities as defined by the Bureau of the Census);

3 or

4 ‘‘(B) in accordance with procedures estab5 lished by applicable State or local law.

6 ‘‘(2) REDESIGNATION.—

7 ‘‘(A) PROCEDURES.—A metropolitan plan8 ning organization may be redesignated by agree9 ment between the Governor and units of general

10 purpose local government that together represent

11 at least 75 percent of the affected population (in12 cluding the central city or cities as defined by

13 the Bureau of the Census) as appropriate to

14 carry out this section.

15 ‘‘(B) CERTAIN REQUESTS TO REDESIG16 NATE.—A metropolitan planning organization

17 shall be redesignated upon request of a unit or

18 units of general purpose local government rep19 resenting at least 25 percent of the affected popu20 lation (including the central city or cities as de21 fined by the Bureau of the Census) in any ur22 banized area—

23 ‘‘(i) whose population is more than

24 5,000,000 but less than 10,000,000, or
326

S 1173 OPS

1 ‘‘(ii) which is an extreme nonattain2 ment area for ozone or carbon monoxide as

3 defined under the Clean Air Act.

4 Such redesignation shall be accomplished using

5 procedures established by subparagraph (A).

6 ‘‘(3) DESIGNATION OF MORE THAN 1 METROPOLI7 TAN PLANNING ORGANIZATION.—More than 1 metro8 politan planning organization may be designated

9 within an existing metropolitan planning area only

10 if the Governor and the existing metropolitan plan11 ning organization determine that the size and com12 plexity of the existing metropolitan planning area

13 make designation of more than 1 metropolitan plan14 ning organization for the area appropriate.

15 ‘‘(4) STRUCTURE.—Each policy board of a met16 ropolitan planning organization that serves an area

17 designated as a transportation management area,

18 when designated or redesignated under this sub19 section, shall consist of—

20 ‘‘(A) local elected officials;

21 ‘‘(B) officials of public agencies that admin22 ister or operate major modes of transportation in

23 the metropolitan area (including all transpor24 tation agencies included in the metropolitan

25 planning organization as of June 1, 1991); and
327

S 1173 OPS

1 ‘‘(C) appropriate State officials.

2 ‘‘(5) OTHER AUTHORITY.—Nothing in this sub3 section interferes with the authority, under any State

4 law in effect on December 18, 1991, of a public agen5 cy with multimodal transportation responsibilities

6 to—

7 ‘‘(A) develop plans and programs for adop8 tion by a metropolitan planning organization;

9 or

10 ‘‘(B) develop long-range capital plans, co11 ordinate transit services and projects, and carry

12 out other activities under State law.

13 ‘‘(6) CONTINUING DESIGNATION.—A designation

14 of a metropolitan planning organization under this

15 subsection or any other provision of law shall remain

16 in effect until the metropolitan planning organization

17 is redesignated under paragraph (2).

18 ‘‘(c) METROPOLITAN PLANNING AREA BOUNDARIES.—

19 ‘‘(1) IN GENERAL.—For the purposes of this sec20 tion, the boundaries of a metropolitan planning area

21 shall be determined by agreement between the metro22 politan planning organization and the Governor.

23 ‘‘(2) INCLUDED AREA.—Each metropolitan plan24 ning area—
328

S 1173 OPS

1 ‘‘(A) shall encompass at least the existing

2 urbanized area and the contiguous area expected

3 to become urbanized within a 20-year forecast

4 period; and

5 ‘‘(B) may encompass the entire metropoli6 tan statistical area or consolidated metropolitan

7 statistical area, as defined by the Bureau of the

8 Census.

9 ‘‘(3) EXISTING METROPOLITAN PLANNING AREAS

10 IN NONATTAINMENT.—Notwithstanding paragraph

11 (2), in the case of an area designated as a nonattain12 ment area for ozone or carbon monoxide under the

13 Clean Air Act (42 U.S.C. 7401 et seq.), the bound14 aries of the metropolitan planning area in existence

15 as of the date of enactment of the Intermodal Surface

16 Transportation Efficiency Act of 1998, shall be re17 tained, except that the boundaries may be adjusted by

18 agreement of the affected metropolitan planning orga19 nizations and Governors in the manner described in

20 subsection (b)(2).

21 ‘‘(4) NEW METROPOLITAN PLANNING AREAS IN

22 NONATTAINMENT.—In the case of an urbanized area

23 designated after the date of enactment of the Inter24 modal Surface Transportation Efficiency Act of 1998

25 as a nonattainment area for ozone or carbon mon-
329

S 1173 OPS

1 oxide, the boundaries of the metropolitan planning

2 area—

3 ‘‘(A) shall be established by agreement be4 tween the appropriate units of general purpose

5 local government (including the central city) and

6 the Governor;

7 ‘‘(B) shall encompass at least the urbanized

8 area and the contiguous area expected to become

9 urbanized within a 20-year forecast period;

10 ‘‘(C) may encompass the entire metropoli11 tan statistical area or consolidated metropolitan

12 statistical area, as defined by the Bureau of the

13 Census; and

14 ‘‘(D) may address any nonattainment area

15 identified under the Clean Air Act (42 U.S.C.

16 7401 et seq.) for ozone or carbon monoxide.

17 ‘‘(d) COORDINATION IN MULTISTATE AREAS.—

18 ‘‘(1) IN GENERAL.—The Secretary shall encour19 age each Governor with responsibility for a portion of

20 a multistate metropolitan area and the appropriate

21 metropolitan planning organizations to provide co22 ordinated transportation planning for the entire met23 ropolitan area.

24 ‘‘(2) INTERSTATE COMPACTS.—The consent of

25 Congress is granted to any 2 or more States—
330

S 1173 OPS

1 ‘‘(A) to enter into agreements or compacts,

2 not in conflict with any law of the United

3 States, for cooperative efforts and mutual assist4 ance in support of activities authorized under

5 this section as the activities pertain to interstate

6 areas and localities within the States; and

7 ‘‘(B) to establish such agencies, joint or oth8 erwise, as the States may determine desirable for

9 making the agreements and compacts effective.

10 ‘‘(3) LAKE TAHOE REGION.—

11 ‘‘(A) IN GENERAL.—The Secretary shall—

12 ‘‘(i) establish with the Federal land

13 management agencies that have jurisdiction

14 over land in the Lake Tahoe region (as de15 fined in the Lake Tahoe Regional Planning

16 Compact) a transportation planning proc17 ess for the region; and

18 ‘‘(ii) coordinate the transportation

19 planning process with the planning process

20 required of State and local governments

21 under this section, section 135, and chapter

22 53 of title 49.

23 ‘‘(B) INTERSTATE COMPACT.—

24 ‘‘(i) IN GENERAL.—Subject to clause

25 (ii), notwithstanding subsection (b), to
331

S 1173 OPS

1 carry out the transportation planning proc2 ess required by this section, the consent of

3 Congress is granted to the States of Califor4 nia and Nevada to designate a metropolitan

5 planning organization for the Lake Tahoe

6 region, by agreement between the Governors

7 of the States of California and Nevada and

8 units of general purpose local government

9 that together represent at least 75 percent of

10 the affected population (including the cen11 tral city or cities (as defined by the Bureau

12 of the Census)), or in accordance with pro13 cedures established by applicable State or

14 local law.

15 ‘‘(ii) INVOLVEMENT OF FEDERAL LAND

16 MANAGEMENT AGENCIES.—

17 ‘‘(I) REPRESENTATION.—The pol18 icy board of a metropolitan planning

19 organization designated under sub20 paragraph (A) shall include a rep21 resentative of each Federal land man22 agement agency that has jurisdiction

23 over land in the Lake Tahoe region.

24 ‘‘(II) FUNDING.—In addition to

25 funds made available to the metropoli-
332

S 1173 OPS

1 tan planning organization under other

2 provisions of this title and under chap3 ter 53 of title 49, not more than 1 per4 cent of the funds allocated under sec5 tion 202 may be used to carry out the

6 transportation planning process for the

7 Lake Tahoe region under this subpara8 graph.

9 ‘‘(C) ACTIVITIES.—

10 ‘‘(i) HIGHWAY PROJECTS.—Highway

11 projects included in transportation plans

12 developed under this paragraph—

13 ‘‘(I) shall be selected for funding

14 in a manner that facilitates the par15 ticipation of the Federal land manage16 ment agencies that have jurisdiction

17 over land in the Lake Tahoe region;

18 and

19 ‘‘(II) may, in accordance with

20 chapter 2, be funded using funds allo21 cated under section 202.

22 ‘‘(ii) TRANSIT PROJECTS.—Transit

23 projects included in transportation plans

24 developed under this paragraph may, in ac25 cordance with chapter 53 of title 49, be
333

S 1173 OPS

1 funded using amounts apportioned under

2 that title for—

3 ‘‘(I) capital project funding, in

4 order to accelerate completion of the

5 transit projects; and

6 ‘‘(II) operating assistance, in

7 order to pay the operating costs of the

8 transit projects, including operating

9 costs associated with unique cir10 cumstances in the Lake Tahoe region,

11 such as seasonal fluctuations in pas12 senger loadings, adverse weather condi13 tions, and increasing intermodal needs.

14 ‘‘(e) COORDINATION OF METROPOLITAN PLANNING OR15 GANIZATIONS.—If more than 1 metropolitan planning or16 ganization has authority within a metropolitan planning

17 area or an area that is designated as a nonattainment area

18 for ozone or carbon monoxide under the Clean Air Act (42

19 U.S.C. 7401 et seq.), each such metropolitan planning orga20 nization shall consult with the other metropolitan planning

21 organizations designated for the area and the State in the

22 development of plans and programs required by this section.

23 ‘‘(f) SCOPE OF PLANNING PROCESS.—The metropoli24 tan transportation planning process for a metropolitan

25 area under this section shall consider the following:
334

S 1173 OPS

1 ‘‘(1) Supporting the economic vitality of the met2 ropolitan area, especially by enabling global competi3 tiveness, productivity, and efficiency.

4 ‘‘(2) Increasing the safety and security of the

5 transportation system for motorized and non6 motorized users.

7 ‘‘(3) Increasing the accessibility and mobility

8 options available to people and for freight.

9 ‘‘(4) Protecting and enhancing the environment,

10 promoting energy conservation, and improving qual11 ity of life through land use planning.

12 ‘‘(5) Enhancing the integration and connectivity

13 of the transportation system, across and between

14 modes, for people and freight.

15 ‘‘(6) Promoting efficient system management

16 and operation.

17 ‘‘(7) Emphasizing the preservation of the exist18 ing transportation system.

19 ‘‘(g) DEVELOPMENT OF LONG-RANGE TRANSPOR20 TATION PLAN.—

21 ‘‘(1) IN GENERAL.—

22 ‘‘(A) DEVELOPMENT.—In accordance with

23 this subsection, each metropolitan planning or24 ganization shall develop, and update periodi25 cally, according to a schedule that the Secretary
335

S 1173 OPS

1 determines to be appropriate, a long-range trans2 portation plan for its metropolitan area.

3 ‘‘(B) FORECAST PERIOD.—In developing

4 long-range transportation plans, the metropoli5 tan planning process shall address—

6 ‘‘(i) the considerations under sub7 section (f); and

8 ‘‘(ii) any State or local goals developed

9 within the cooperative metropolitan plan10 ning process;

11 as they relate to a 20-year forecast period and

12 to other forecast periods as determined by the

13 participants in the planning process.

14 ‘‘(C) FUNDING ESTIMATES.—For the pur15 pose of developing the long-range transportation

16 plan, the State shall consult with the metropoli17 tan planning organization and each public tran18 sit agency in developing estimates of funds that

19 are reasonably expected to be available to sup20 port plan implementation.

21 ‘‘(2) LONG-RANGE TRANSPORTATION PLAN.—A

22 long-range transportation plan under this subsection

23 shall, at a minimum, contain—

24 ‘‘(A) an identification of transportation fa25 cilities (including major roadways and transit,
336

S 1173 OPS

1 multimodal, and intermodal facilities) that

2 should function as a future integrated transpor3 tation system, giving emphasis to those facilities

4 that serve important national, regional, and

5 metropolitan transportation functions;

6 ‘‘(B) an identification of transportation

7 strategies necessary to—

8 ‘‘(i) ensure preservation, including re9 quirements for management, operation,

10 modernization, and rehabilitation, of the ex11 isting and future transportation system;

12 and

13 ‘‘(ii) make the most efficient use of ex14 isting transportation facilities to relieve

15 congestion, to efficiently serve the mobility

16 needs of people and goods, and to enhance

17 access within the metropolitan planning

18 area; and

19 ‘‘(C) a financial plan that demonstrates

20 how the long-range transportation plan can be

21 implemented, indicates total resources from pub22 lic and private sources that are reasonably ex23 pected to be available to carry out the plan

24 (without any requirement for indicating project25 specific funding sources), and recommends any
337

S 1173 OPS

1 additional financing strategies for needed

2 projects and programs.

3 ‘‘(3) COORDINATION WITH CLEAN AIR ACT AGEN4 CIES.—In metropolitan areas that are in nonattain5 ment for ozone or carbon monoxide under the Clean

6 Air Act (42 U.S.C. 7401 et seq.), the metropolitan

7 planning organization shall coordinate the develop8 ment of a long-range transportation plan with the

9 process for development of the transportation control

10 measures of the State implementation plan required

11 by that Act.

12 ‘‘(4) PARTICIPATION BY INTERESTED PARTIES.—

13 Before adopting a long-range transportation plan,

14 each metropolitan planning organization shall pro15 vide citizens, affected public agencies, representatives

16 of transportation agency employees, freight shippers,

17 private providers of transportation, and other inter18 ested parties with a reasonable opportunity to com19 ment on the long-range transportation plan.

20 ‘‘(5) PUBLICATION OF LONG-RANGE TRANSPOR21 TATION PLAN.—Each long-range transportation plan

22 prepared by a metropolitan planning organization

23 shall be—

24 ‘‘(A) published or otherwise made readily

25 available for public review; and
338

S 1173 OPS

1 ‘‘(B) submitted for information purposes to

2 the Governor at such times and in such manner

3 as the Secretary shall establish.

4 ‘‘(h) METROPOLITAN TRANSPORTATION IMPROVEMENT

5 PROGRAM.—

6 ‘‘(1) DEVELOPMENT.—

7 ‘‘(A) IN GENERAL.—In cooperation with the

8 State and any affected public transit operator,

9 the metropolitan planning organization des10 ignated for a metropolitan area shall develop a

11 transportation improvement program for the

12 area for which the organization is designated.

13 ‘‘(B) OPPORTUNITY FOR COMMENT.—In de14 veloping the program, the metropolitan planning

15 organization, in cooperation with the State and

16 any affected public transit operator, shall pro17 vide citizens, affected public agencies, representa18 tives of transportation agency employees, other

19 affected employee representatives, freight ship20 pers, private providers of transportation, and

21 other interested parties with a reasonable oppor22 tunity to comment on the proposed program.

23 ‘‘(C) FUNDING ESTIMATES.—For the pur24 pose of developing the transportation improve25 ment program, the metropolitan planning orga-
339

S 1173 OPS

1 nization, public transit agency, and State shall

2 cooperatively develop estimates of funds that are

3 reasonably expected to be available to support

4 program implementation.

5 ‘‘(D) UPDATING AND APPROVAL.—The pro6 gram shall be updated at least once every 2 years

7 and shall be approved by the metropolitan plan8 ning organization and the Governor.

9 ‘‘(2) CONTENTS.—The transportation improve10 ment program shall include—

11 ‘‘(A) a list, in order of priority, of proposed

12 federally supported projects and strategies to be

13 carried out within each 3-year-period after the

14 initial adoption of the transportation improve15 ment program; and

16 ‘‘(B) a financial plan that—

17 ‘‘(i) demonstrates how the transpor18 tation improvement program can be imple19 mented;

20 ‘‘(ii) indicates resources from public

21 and private sources that are reasonably ex22 pected to be available to carry out the pro23 gram (without any requirement for indicat24 ing project-specific funding sources); and
340

S 1173 OPS

1 ‘‘(iii) identifies innovative financing

2 techniques to finance projects, programs,

3 and strategies (without any requirement for

4 indicating project-specific funding sources).

5 ‘‘(3) INCLUDED PROJECTS.—

6 ‘‘(A) CHAPTER 1 AND CHAPTER 53

7 PROJECTS.—A transportation improvement pro8 gram developed under this subsection for a met9 ropolitan area shall include the projects and

10 strategies within the area that are proposed for

11 funding under chapter 1 of this title and chapter

12 53 of title 49.

13 ‘‘(B) CHAPTER 2 PROJECTS.—

14 ‘‘(i) REGIONALLY SIGNIFICANT

15 PROJECTS.—Regionally significant projects

16 proposed for funding under chapter 2 of this

17 title shall be identified individually in the

18 transportation improvement program.

19 ‘‘(ii) OTHER PROJECTS.—Projects pro20 posed for funding under chapter 2 of this

21 title that are not determined to be region22 ally significant shall be grouped in 1 line

23 item or identified individually in the trans24 portation improvement program.
341

S 1173 OPS

1 ‘‘(C) CONSISTENCY WITH LONG-RANGE

2 TRANSPORTATION PLAN.—Each project shall be

3 consistent with the long-range transportation

4 plan developed under subsection (g) for the area.

5 ‘‘(D) REQUIREMENT OF ANTICIPATED FULL

6 FUNDING.—The program shall include a project,

7 or an identified phase of a project, only if full

8 funding can reasonably be anticipated to be

9 available for the project within the time period

10 contemplated for completion of the project.

11 ‘‘(4) NOTICE AND COMMENT.—Before approving

12 a transportation improvement program, a metropoli13 tan planning organization shall, in cooperation with

14 the State and any affected public transit operator,

15 provide citizens, affected public agencies, representa16 tives of transportation agency employees, private pro17 viders of transportation, and other interested parties

18 with reasonable notice of and an opportunity to com19 ment on the proposed program.

20 ‘‘(5) SELECTION OF PROJECTS.—

21 ‘‘(A) IN GENERAL.—Except as otherwise

22 provided in subsection (i)(4) and in addition to

23 the transportation improvement program devel24 opment required under paragraph (1), the selec25 tion of federally funded projects for implementa-
342

S 1173 OPS

1 tion in metropolitan areas shall be carried out,

2 from the approved transportation improvement

3 program—

4 ‘‘(i) by—

5 ‘‘(I) in the case of projects under

6 chapter 1, the State; and

7 ‘‘(II) in the case of projects under

8 chapter 53 of title 49, the designated

9 transit funding recipients; and

10 ‘‘(ii) in cooperation with the metro11 politan planning organization.

12 ‘‘(B) MODIFICATIONS TO PROJECT PRIOR13 ITY.—Notwithstanding any other provision of

14 law, action by the Secretary shall not be required

15 to advance a project included in the approved

16 transportation improvement program in place of

17 another project of higher priority in the pro18 gram.

19 ‘‘(i) TRANSPORTATION MANAGEMENT AREAS.—

20 ‘‘(1) DESIGNATION.—

21 ‘‘(A) REQUIRED DESIGNATIONS.—The Sec22 retary shall designate as a transportation man23 agement area each urbanized area with a popu24 lation of over 200,000 individuals.
343

S 1173 OPS

1 ‘‘(B) DESIGNATIONS ON REQUEST.—The

2 Secretary shall designate any additional area as

3 a transportation management area on the re4 quest of the Governor and the metropolitan plan5 ning organization designated for the area.

6 ‘‘(2) TRANSPORTATION PLANS AND PROGRAMS.—

7 Within a transportation management area, transpor8 tation plans and programs shall be based on a con9 tinuing and comprehensive transportation planning

10 process carried out by the metropolitan planning or11 ganization in cooperation with the State and any af12 fected public transit operator.

13 ‘‘(3) CONGESTION MANAGEMENT SYSTEM.—With14 in a transportation management area, the transpor15 tation planning process under this section shall in16 clude a congestion management system that provides

17 for effective management of new and existing trans18 portation facilities eligible for funding under this title

19 and chapter 53 of title 49 through the use of travel

20 demand reduction and operational management strat21 egies.

22 ‘‘(4) SELECTION OF PROJECTS.—

23 ‘‘(A) IN GENERAL.—In addition to the

24 transportation improvement program develop25 ment required under subsection (h)(1), all feder-
344

S 1173 OPS

1 ally funded projects carried out within the

2 boundaries of a transportation management area

3 under this title (excluding projects carried out on

4 the National Highway System) or under chapter

5 53 of title 49 shall be selected for implementation

6 from the approved transportation improvement

7 program by the metropolitan planning organiza8 tion designated for the area in consultation with

9 the State and any affected public transit opera10 tor.

11 ‘‘(B) NATIONAL HIGHWAY SYSTEM

12 PROJECTS.—Projects carried out within the

13 boundaries of a transportation management area

14 on the National Highway System shall be se15 lected for implementation from the approved

16 transportation improvement program by the

17 State in cooperation with the metropolitan plan18 ning organization designated for the area.

19 ‘‘(5) CERTIFICATION.—

20 ‘‘(A) IN GENERAL.—The Secretary shall—

21 ‘‘(i) ensure that the metropolitan plan22 ning process in each transportation man23 agement area is being carried out in ac24 cordance with applicable provisions of Fed25 eral law; and
345

S 1173 OPS

1 ‘‘(ii) subject to subparagraph (B), cer2 tify, not less often than once every 3 years,

3 that the requirements of this paragraph are

4 met with respect to the transportation man5 agement area.

6 ‘‘(B) REQUIREMENTS FOR CERTIFI7 CATION.—The Secretary may make the certifi8 cation under subparagraph (A) if—

9 ‘‘(i) the transportation planning proc10 ess complies with the requirements of this

11 section and other applicable requirements of

12 Federal law;

13 ‘‘(ii) there is a transportation improve14 ment program for the area that has been

15 approved by the metropolitan planning or16 ganization and the Governor;

17 ‘‘(iii) the public has been given ade18 quate opportunity during the certification

19 process to comment on—

20 ‘‘(I) the public participation proc21 ess conducted by the metropolitan

22 planning organization; and

23 ‘‘(II) the extent to which the

24 transportation improvement program

25 for the metropolitan area takes into ac-
346

S 1173 OPS

1 count the needs of the entire metropoli2 tan area, including the needs of low

3 and moderate income residents, and

4 the requirement of title VI of the Civil

5 Rights Act; and

6 ‘‘(iv) public comments are—

7 ‘‘(I) included in the documenta8 tion supporting the metropolitan plan9 ning organization’s request for certifi10 cation; and

11 ‘‘(II) made publicly available.

12 ‘‘(C) EFFECT OF FAILURE TO CERTIFY.—

13 ‘‘(i) WITHHOLDING OF FUNDS.—If a

14 metropolitan planning process is not cer15 tified, the Secretary may withhold up to 20

16 percent of the apportioned funds attrib17 utable to the transportation management

18 area under this title and chapter 53 of title

19 49.

20 ‘‘(ii) RESTORATION OF WITHHELD

21 FUNDS.—The withheld apportionments shall

22 be restored to the metropolitan area at such

23 time as the metropolitan planning organi24 zation is certified by the Secretary.
347

S 1173 OPS

1 ‘‘(iii) FEASIBILITY OF PRIVATE ENTER2 PRISE PARTICIPATION.—The Secretary shall

3 not withhold certification under this para4 graph based on the policies and criteria es5 tablished by a metropolitan planning orga6 nization or transit grant recipient for deter7 mining the feasibility of private enterprise

8 participation in accordance with section

9 5306(a) of title 49.

10 ‘‘(j) ABBREVIATED PLANS AND PROGRAMS FOR CER11 TAIN AREAS.—

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2), in

13 the case of a metropolitan area not designated as a

14 transportation management area under this section,

15 the Secretary may provide for the development of an

16 abbreviated metropolitan transportation plan and

17 program that the Secretary determines is appropriate

18 to achieve the purposes of this section, taking into ac19 count the complexity of transportation problems in

20 the area.

21 ‘‘(2) NONATTAINMENT AREAS.—The Secretary

22 may not permit abbreviated plans or programs for a

23 metropolitan area that is in nonattainment for ozone

24 or carbon monoxide under the Clean Air Act (42

25 U.S.C. 7401 et seq.).
348

S 1173 OPS

1 ‘‘(k) ADDITIONAL REQUIREMENTS FOR CERTAIN NON2 ATTAINMENT AREAS.—

3 ‘‘(1) IN GENERAL.—Notwithstanding any other

4 provision of this title or chapter 53 of title 49, in the

5 case of a transportation management area classified

6 as nonattainment for ozone or carbon monoxide under

7 the Clean Air Act (42 U.S.C. 7401 et seq.), Federal

8 funds may not be programmed in the area for any

9 highway project that will result in a significant in10 crease in carrying capacity for single occupant vehi11 cles unless the project results from an approved con12 gestion management system.

13 ‘‘(2) APPLICABILITY.—This subsection applies to

14 a nonattainment area within the metropolitan plan15 ning area boundaries determined under subsection

16 (c).

17 ‘‘(l) LIMITATION.—Nothing in this section confers on

18 a metropolitan planning organization the authority to im19 pose any legal requirement on any transportation facility,

20 provider, or project not eligible for assistance under this

21 title or chapter 53 of title 49.

22 ‘‘(m) FUNDING.—

23 ‘‘(1) IN GENERAL.—Funds set aside under sec24 tion 104(f) of this title and section 5303 of title 49

25 shall be available to carry out this section.
349

S 1173 OPS

1 ‘‘(2) UNUSED FUNDS.—Any funds that are not

2 used to carry out this section may be made available

3 by the metropolitan planning organization to the

4 State to fund activities under section 135.’’.

5 (b) TECHNICAL AMENDMENT.—The analysis for chap6 ter 1 of title 23, United States Code, is amended by striking

7 the item relating to section 134 and inserting the following:

‘‘134. Metropolitan planning.’’.

8 SEC. 1602. STATEWIDE PLANNING.

9 (a) IN GENERAL.—Section 135 of title 23, United

10 States Code, is amended to read as follows:

11 ‘‘§ 135. Statewide planning

12 ‘‘(a) GENERAL REQUIREMENTS.—

13 ‘‘(1) FINDINGS.—It is in the national interest to

14 encourage and promote the safe and efficient manage15 ment, operation, and development of surface transpor16 tation systems that will serve the mobility needs of

17 people and freight throughout each State.

18 ‘‘(2) DEVELOPMENT OF PLANS AND PROGRAMS.—

19 Subject to section 134 of this title and sections 5303

20 through 5305 of title 49, each State shall develop

21 transportation plans and programs for all areas of

22 the State.

23 ‘‘(3) CONTENTS.—The plans and programs for

24 each State shall provide for the development and inte25 grated management and operation of transportation
350

S 1173 OPS

1 systems (including pedestrian walkways and bicycle

2 transportation facilities) that will function as an

3 intermodal State transportation system and an inte4 gral part of the intermodal transportation system of

5 the United States.

6 ‘‘(4) PROCESS OF DEVELOPMENT.—The process

7 for developing the plans and programs shall provide

8 for consideration of all modes of transportation and

9 shall be continuing, cooperative, and comprehensive to

10 the degree appropriate, based on the complexity of the

11 transportation problems to be addressed.

12 ‘‘(b) SCOPE OF PLANNING PROCESS.—Each State shall

13 carry out a transportation planning process that shall con14 sider the following:

15 ‘‘(1) Supporting the economic vitality of the

16 United States, the States, and metropolitan areas, es17 pecially by enabling global competitiveness, produc18 tivity, and efficiency.

19 ‘‘(2) Increasing the safety and security of the

20 transportation system for motorized and non21 motorized users.

22 ‘‘(3) Increasing the accessibility and mobility

23 options available to people and for freight.
351

S 1173 OPS

1 ‘‘(4) Protecting and enhancing the environment,

2 promoting energy conservation, and improving qual3 ity of life through land use planning.

4 ‘‘(5) Enhancing the integration and connectivity

5 of the transportation system, across and between

6 modes throughout the State, for people and freight.

7 ‘‘(6) Promoting efficient system management

8 and operation.

9 ‘‘(7) Emphasizing the preservation of the exist10 ing transportation system.

11 ‘‘(c) COORDINATION WITH METROPOLITAN PLANNING;

12 STATE IMPLEMENTATION PLAN.—In carrying out planning

13 under this section, a State shall—

14 ‘‘(1) coordinate the planning with the transpor15 tation planning activities carried out under section

16 134 for metropolitan areas of the State; and

17 ‘‘(2) carry out the responsibilities of the State for

18 the development of the transportation portion of the

19 State air quality implementation plan to the extent

20 required by the Clean Air Act (42 U.S.C. 7401 et

21 seq.).

22 ‘‘(d) ADDITIONAL REQUIREMENTS.—In carrying out

23 planning under this section, each State shall, at a mini24 mum, consider—
352

S 1173 OPS

1 ‘‘(1) with respect to nonmetropolitan areas, the

2 concerns of local elected officials representing units of

3 general purpose local government;

4 ‘‘(2) the concerns of Indian tribal governments

5 and Federal land management agencies that have ju6 risdiction over land within the boundaries of the

7 State; and

8 ‘‘(3) coordination of transportation plans, pro9 grams, and planning activities with related planning

10 activities being carried out outside of metropolitan

11 planning areas.

12 ‘‘(e) LONG-RANGE TRANSPORTATION PLAN.—

13 ‘‘(1) DEVELOPMENT.—Each State shall develop a

14 long-range transportation plan, with a minimum 20-

15 year forecast period, for all areas of the State, that

16 provides for the development and implementation of

17 the intermodal transportation system of the State.

18 ‘‘(2) CONSULTATION WITH GOVERNMENTS.—

19 ‘‘(A) METROPOLITAN AREAS.—With respect

20 to each metropolitan area in the State, the plan

21 shall be developed in cooperation with the metro22 politan planning organization designated for the

23 metropolitan area under section 134 of this title

24 and section 5305 of title 49.
353

S 1173 OPS

1 ‘‘(B) NONMETROPOLITAN AREAS.—With re2 spect to each nonmetropolitan area, the plan

3 shall be developed in consultation with local

4 elected officials representing units of general pur5 pose local government.

6 ‘‘(C) INDIAN TRIBAL AREAS.—With respect

7 to each area of the State under the jurisdiction

8 of an Indian tribal government, the plan shall be

9 developed in consultation with the tribal govern10 ment and the Secretary of the Interior.

11 ‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—

12 In developing the plan, the State shall—

13 ‘‘(A) provide citizens, affected public agen14 cies, representatives of transportation agency em15 ployees, other affected employee representatives,

16 freight shippers, private providers of transpor17 tation, and other interested parties with a rea18 sonable opportunity to comment on the proposed

19 plan; and

20 ‘‘(B) identify transportation strategies nec21 essary to efficiently serve the mobility needs of

22 people.

23 ‘‘(f) STATE TRANSPORTATION IMPROVEMENT PRO24 GRAM.—

25 ‘‘(1) DEVELOPMENT.—
354

S 1173 OPS

1 ‘‘(A) IN GENERAL.—The State shall develop

2 a transportation improvement program for all

3 areas of the State.

4 ‘‘(B) CONSULTATION WITH GOVERN5 MENTS.—

6 ‘‘(i) METROPOLITAN AREAS.—With re7 spect to each metropolitan area in the

8 State, the program shall be developed in co9 operation with the metropolitan planning

10 organization designated for the metropoli11 tan area under section 134 of this title and

12 section 5305 of title 49.

13 ‘‘(ii) NONMETROPOLITAN AREAS.—

14 ‘‘(I) IN GENERAL.—With respect

15 to each nonmetropolitan area in the

16 State, the program shall be developed

17 in cooperation with the State, elected

18 officials of affected local governments,

19 and elected officials of subdivisions of

20 affected local governments that have ju21 risdiction over transportation plan22 ning, through a process developed by

23 the State that ensures participation by

24 the elected officials.
355

S 1173 OPS

1 ‘‘(II) REVIEW.—Not less than

2 once every 2 years, the Secretary shall

3 review the planning process through

4 which the program was developed

5 under subclause (I).

6 ‘‘(III) APPROVAL.—The Secretary

7 shall approve the planning process if

8 the Secretary finds that the planning

9 process is consistent with this section

10 and section 134.

11 ‘‘(iii) INDIAN TRIBAL AREAS.—With

12 respect to each area of the State under the

13 jurisdiction of an Indian tribal government,

14 the program shall be developed in consulta15 tion with the tribal government and the

16 Secretary of the Interior.

17 ‘‘(C) PARTICIPATION BY INTERESTED PAR18 TIES.—In developing the program, the Governor

19 shall provide citizens, affected public agencies,

20 representatives of transportation agency employ21 ees, other affected employee representatives,

22 freight shippers, private providers of transpor23 tation, and other interested parties with a rea24 sonable opportunity to comment on the proposed

25 program.
356

S 1173 OPS

1 ‘‘(2) INCLUDED PROJECTS.—

2 ‘‘(A) IN GENERAL.—A transportation im3 provement program developed under this sub4 section for a State shall include federally sup5 ported surface transportation expenditures with6 in the boundaries of the State.

7 ‘‘(B) CHAPTER 2 PROJECTS.—

8 ‘‘(i) REGIONALLY SIGNIFICANT

9 PROJECTS.—Regionally significant projects

10 proposed for funding under chapter 2 shall

11 be identified individually.

12 ‘‘(ii) OTHER PROJECTS.—Projects pro13 posed for funding under chapter 2 that are

14 not determined to be regionally significant

15 shall be grouped in 1 line item or identified

16 individually.

17 ‘‘(C) CONSISTENCY WITH LONG-RANGE

18 TRANSPORTATION PLAN.—Each project shall—

19 ‘‘(i) be consistent with the long-range

20 transportation plan developed under this

21 section for the State;

22 ‘‘(ii) be identical to the project as de23 scribed in an approved metropolitan trans24 portation improvement program; and
357

S 1173 OPS

1 ‘‘(iii) be in conformance with the ap2 plicable State air quality implementation

3 plan developed under the Clean Air Act (42

4 U.S.C. 7401 et seq.), if the project is carried

5 out in an area designated as nonattainment

6 for ozone or carbon monoxide under that

7 Act.

8 ‘‘(D) REQUIREMENT OF ANTICIPATED FULL

9 FUNDING.—

10 ‘‘(i) IN GENERAL.—The program shall

11 include a project, or an identified phase of

12 a project, only if full funding can reason13 ably be anticipated to be available for the

14 project within the time period contemplated

15 for completion of the project.

16 ‘‘(ii) LIMITATION.—Clause (i) does not

17 require the indication of project-specific

18 funding sources.

19 ‘‘(E) PRIORITIES.—The program shall re20 flect the priorities for programming and expend21 itures of funds, including transportation en22 hancements, required by this title.

23 ‘‘(3) PROJECT SELECTION FOR AREAS OF LESS

24 THAN 50,000 POPULATION.—
358

S 1173 OPS

1 ‘‘(A) IN GENERAL.—Projects carried out in

2 areas with populations of less than 50,000 indi3 viduals (excluding projects carried out on the

4 National Highway System) shall be selected,

5 from the approved statewide transportation im6 provement program, by the State in cooperation

7 with the affected local officials.

8 ‘‘(B) NATIONAL HIGHWAY SYSTEM

9 PROJECTS.—Projects carried out in areas de10 scribed in subparagraph (A) on the National

11 Highway System shall be selected, from the ap12 proved statewide transportation improvement

13 program, by the State in consultation with the

14 affected local officials.

15 ‘‘(4) BIENNIAL REVIEW AND APPROVAL.—A

16 transportation improvement program developed under

17 this subsection shall be reviewed and, on a finding

18 that the planning process through which the program

19 was developed is consistent with this section and sec20 tion 134, approved not less frequently than biennially

21 by the Secretary.

22 ‘‘(5) MODIFICATIONS TO PROJECT PRIORITY.—

23 Notwithstanding any other provision of law, action

24 by the Secretary shall not be required to advance a

25 project included in the approved statewide transpor-
359

S 1173 OPS

1 tation improvement program in place of another

2 project of higher priority in the program.

3 ‘‘(g) FUNDING.—Funds set aside under section 505 of

4 this title and section 5313(b) of title 49 shall be available

5 to carry out this section.

6 ‘‘(h) CONTINUATION OF CURRENT REVIEW PRAC7 TICE.—Since plans and programs described in this section

8 or section 134 are subject to a reasonable opportunity for

9 public comment, since individual projects included in the

10 plans and programs are subject to review under the Na11 tional Environmental Policy Act of 1969 (42 U.S.C. 4321

12 et seq.), and since decisions by the Secretary concerning

13 plans and programs described in this section have not been

14 reviewed under that Act as of January 1, 1997, any deci15 sion by the Secretary concerning a plan or program de16 scribed in this section or section 134 shall not be considered

17 to be a Federal action subject to review under the National

18 Environmental Policy Act of 1969 (42 U.S.C. 4321 et

19 seq.).’’.

20 (b) REDUNDANT METROPOLITAN TRANSPORTATION

21 PLANNING REQUIREMENTS.—

22 (1) FINDING.—Congress finds that certain major

23 investment study requirements under section 450.318

24 of title 23, Code of Federal Regulations, are redun25 dant to the planning and project development proc-
360

S 1173 OPS

1 esses required under other provisions in titles 23 and

2 49, United States Code.

3 (2) STREAMLINING.—

4 (A) IN GENERAL.—The Secretary shall

5 streamline the Federal transportation planning

6 and NEPA decision process requirements for all

7 transportation improvements supported with

8 Federal surface transportation funds or requir9 ing Federal approvals, with the objective of re10 ducing the number of documents required and

11 better integrating required analyses and findings

12 wherever possible.

13 (B) REQUIREMENTS.—The Secretary shall

14 amend regulations as appropriate and develop

15 procedures to—

16 (i) eliminate, within six months of the

17 date of enactment of this section, the major

18 investment study under section 450.318 of

19 title 23, Code of Federal Regulations, as a

20 stand-alone requirement independent of

21 other transportation planning requirements,

22 and integrate those components of the major

23 investment study procedure which are not

24 duplicated elsewhere with other transpor25 tation planning requirements, provided that
361

S 1173 OPS

1 in integrating such requirements, the Sec2 retary shall not apply such requirements to

3 any project which previously would not

4 have been subject to section 450.318 of title

5 23, Code of Federal Regulations;

6 (ii) eliminate stand-alone report re7 quirements wherever possible;

8 (iii) prevent duplication by drawing

9 on the products of the planning process in

10 the completion of all environmental and

11 other project development analyses;

12 (iv) reduce project development time by

13 achieving to the maximum extent prac14 ticable a single public interest decision

15 process for Federal environmental analyses

16 and clearances; and

17 (v) expedite and support all phases of

18 decisionmaking by encouraging and facili19 tating the early involvement of metropolitan

20 planning organizations, State departments

21 of transportation, transit operators, and

22 Federal and State environmental resource

23 and permit agencies throughout the deci24 sionmaking process.
362

S 1173 OPS

1 (3) SAVINGS CLAUSE.—Nothing in this sub2 section shall affect the responsibility of the Secretary

3 to conform review requirements for transit projects

4 under the National Environmental Policy Act of 1969

5 to comparable requirements under such Act applicable

6 to highway projects.

7 SEC. 1603. ADVANCED TRAVEL FORECASTING PROCEDURES

8 PROGRAM.

9 (a) ESTABLISHMENT.—The Secretary shall establish

10 an advanced travel forecasting procedures program—

11 (1) to provide for completion of the advanced

12 transportation model developed under the Transpor13 tation Analysis Simulation System (referred to in

14 this section as ‘‘TRANSIMS’’); and

15 (2) to provide support for early deployment of

16 the advanced transportation modeling computer soft17 ware and graphics package developed under

18 TRANSIMS and the program established under this

19 section to States, local governments, and metropolitan

20 planning organizations with responsibility for travel

21 modeling.

22 (b) ELIGIBLE ACTIVITIES.—The Secretary shall use

23 funds made available under this section to—

24 (1) provide funding for completion of core devel25 opment of the advanced transportation model;
363

S 1173 OPS

1 (2) develop user-friendly advanced transpor2 tation modeling computer software and graphics

3 packages;

4 (3) provide training and technical assistance

5 with respect to the implementation and application of

6 the advanced transportation model to States, local

7 governments, and metropolitan planning organiza8 tions with responsibility for travel modeling; and

9 (4) allocate funds to not more than 12 entities

10 described in paragraph (3), representing a diversity

11 of populations and geographic regions, for a pilot

12 program to enable transportation management areas

13 designated under section 134(i) of title 23, United

14 States Code, to convert from the use of travel forecast15 ing procedures in use by the areas as of the date of

16 enactment of this Act to the use of the advanced

17 transportation model.

18 (c) AUTHORIZATION OF CONTRACT AUTHORITY.—

19 (1) IN GENERAL.—There shall be available from

20 the Highway Trust Fund (other than the Mass Tran21 sit Account) to carry out this section $4,000,000 for

22 fiscal year 1998, $3,000,000 for fiscal year 1999,

23 $6,500,000 for fiscal year 2000, $5,000,000 for fiscal

24 year 2001, $4,000,000 for fiscal year 2002, and

25 $2,500,000 for fiscal year 2003.
364

S 1173 OPS

1 (2) ALLOCATION OF FUNDS.—

2 (A) FISCAL YEARS 1998 AND 1999.—For each

3 of fiscal years 1998 and 1999, 100 percent of the

4 funds made available under paragraph (1) shall

5 be allocated to activities in described in para6 graphs (1), (2), and (3) of subsection (b).

7 (B) FISCAL YEARS 2000 THROUGH 2003.—

8 For each of fiscal years 2000 through 2003, not

9 more than 50 percent of the funds made avail10 able under paragraph (1) may be allocated to ac11 tivities described in subsection (b)(4).

12 (3) CONTRACT AUTHORITY.—Funds authorized

13 under this subsection shall be available for obligation

14 in the same manner as if the funds were apportioned

15 under chapter 1 of title 23, United States Code, except

16 that the Federal share of the cost of—

17 (A) any activity described in paragraph

18 (1), (2), or (3) of subsection (b) shall not exceed

19 100 percent; and

20 (B) any activity described in subsection

21 (b)(4) shall not exceed 80 percent.

22 SEC. 1604. TRANSPORTATION AND COMMUNITY AND SYS23 TEM PRESERVATION PILOT PROGRAM.

24 (a) ESTABLISHMENT.—In cooperation with appro25 priate State, regional, and local governments, the Secretary
365

S 1173 OPS

1 shall establish a comprehensive initiative to investigate and

2 address the relationships between transportation and com3 munity and system preservation.

4 (b) RESEARCH.—

5 (1) IN GENERAL.—In cooperation with appro6 priate Federal agencies, State, regional, and local

7 governments, and other entities eligible for assistance

8 under subsection (d), the Secretary shall carry out a

9 comprehensive research program to investigate the re10 lationships between transportation, community pres11 ervation, and the environment.

12 (2) REQUIRED ELEMENTS.—The program shall

13 provide for monitoring and analysis of projects car14 ried out with funds made available to carry out sub15 sections (c) and (d).

16 (c) PLANNING.—

17 (1) IN GENERAL.—The Secretary shall allocate

18 funds made available to carry out this subsection to

19 States, metropolitan planning organizations, and

20 local governments to plan, develop, and implement

21 strategies to integrate transportation and community

22 and system preservation plans and practices.

23 (2) PURPOSES.—The purposes of the allocations

24 shall be—
366

S 1173 OPS

1 (A) to improve the efficiency of the trans2 portation system;

3 (B) to reduce the impacts of transportation

4 on the environment;

5 (C) to reduce the need for costly future in6 vestments in public infrastructure; and

7 (D) to provide efficient access to jobs, serv8 ices, and centers of trade.

9 (3) CRITERIA.—In allocating funds made avail10 able to carry out this subsection, the Secretary shall

11 give priority to applicants that—

12 (A) propose projects for funding that ad13 dress the purposes described in paragraph (2);

14 (B) demonstrate a commitment to public

15 involvement, including involvement of nontradi16 tional partners in the project team; and

17 (C) demonstrate a commitment of non-Fed18 eral resources to the proposed projects.

19 (d) ALLOCATION OF FUNDS FOR IMPLEMENTATION.—

20 (1) IN GENERAL.—The Secretary shall allocate

21 funds made available to carry out this subsection to

22 States, metropolitan planning organizations, and

23 local governments to carry out projects to address

24 transportation efficiency and community and system

25 preservation.
367

S 1173 OPS

1 (2) CRITERIA.—In allocating funds made avail2 able to carry out this subsection, the Secretary shall

3 give priority to applicants that—

4 (A) have instituted preservation or develop5 ment plans and programs that—

6 (i) meet the requirements of title 23

7 and chapter 53 of title 49, United States

8 Code; and

9 (ii) are—

10 (I) coordinated with adopted pres11 ervation or development plans; or

12 (II) intended to promote cost-effec13 tive and strategic investments in trans14 portation infrastructure that minimize

15 adverse impacts on the environment;

16 (B) have instituted other policies to inte17 grate transportation and community and system

18 preservation practices, such as—

19 (i) spending policies that direct funds

20 to high-growth areas;

21 (ii) urban growth boundaries to guide

22 metropolitan expansion;

23 (iii) ‘‘green corridors’’ programs that

24 provide access to major highway corridors
368

S 1173 OPS

1 for areas targeted for efficient and compact

2 development; or

3 (iv) other similar programs or policies

4 as determined by the Secretary;

5 (C) have preservation or development poli6 cies that include a mechanism for reducing po7 tential impacts of transportation activities on

8 the environment; and

9 (D) propose projects for funding that ad10 dress the purposes described in subsection (c)(2).

11 (3) EQUITABLE DISTRIBUTION.—In allocating

12 funds to carry out this subsection, the Secretary shall

13 ensure the equitable distribution of funds to a diver14 sity of populations and geographic regions.

15 (4) USE OF ALLOCATED FUNDS.—

16 (A) IN GENERAL.—An allocation of funds

17 made available to carry out this subsection shall

18 be used by the recipient to implement the

19 projects proposed in the application to the Sec20 retary.

21 (B) TYPES OF PROJECTS.—The allocation of

22 funds shall be available for obligation for—

23 (i) any project eligible for funding

24 under title 23 or chapter 53 of title 49,

25 United States Code; or
369

S 1173 OPS

1 (ii) any other activity relating to

2 transportation and community and system

3 preservation that the Secretary determines

4 to be appropriate, including corridor pres5 ervation activities that are necessary to im6 plement—

7 (I) transit-oriented development

8 plans;

9 (II) traffic calming measures; or

10 (III) other coordinated transpor11 tation and community and system

12 preservation practices.

13 (e) AUTHORIZATION OF CONTRACT AUTHORITY.—

14 (1) IN GENERAL.—There shall be available from

15 the Highway Trust Fund (other than the Mass Tran16 sit Account) to carry out this section $20,000,000 for

17 each of fiscal years 1998 through 2003.

18 (2) CONTRACT AUTHORITY.—Funds authorized

19 under this subsection shall be available for obligation

20 in the same manner as if the funds were apportioned

21 under chapter 1 of title 23, United States Code.

22 Subtitle G—Technical Corrections

23 SEC. 1701. FEDERAL-AID SYSTEMS.

24 (a) IN GENERAL.—Section 103 of title 23, United

25 States Code, is amended to read as follows:
370

S 1173 OPS

1 ‘‘§ 103. Federal-aid systems

2 ‘‘(a) IN GENERAL.—For the purposes of this title, the

3 Federal-aid systems are the Interstate System and the Na4 tional Highway System.

5 ‘‘(b) NATIONAL HIGHWAY SYSTEM.—

6 ‘‘(1) DESCRIPTION.—The National Highway

7 System consists of an interconnected system of major

8 routes and connectors that—

9 ‘‘(A) serve major population centers, inter10 national border crossings, ports, airports, public

11 transportation facilities, and other intermodal

12 transportation facilities and other major travel

13 destinations;

14 ‘‘(B) meet national defense requirements;

15 and

16 ‘‘(C) serve interstate and interregional trav17 el.

18 ‘‘(2) COMPONENTS.—The National Highway

19 System consists of the following:

20 ‘‘(A) The Interstate System described in

21 subsection (c).

22 ‘‘(B) Other urban and rural principal arte23 rial routes.

24 ‘‘(C) Other connector highways (including

25 toll facilities) that provide motor vehicle access

26 between arterial routes on the National Highway
371

S 1173 OPS

1 System and a major intermodal transportation

2 facility.

3 ‘‘(D) A strategic highway network consist4 ing of a network of highways that are important

5 to the United States strategic defense policy and

6 that provide defense access, continuity, and

7 emergency capabilities for the movement of per8 sonnel, materials, and equipment in both peace9 time and wartime. The highways may be high10 ways on or off the Interstate System and shall

11 be designated by the Secretary in consultation

12 with appropriate Federal agencies and the

13 States.

14 ‘‘(E) Major strategic highway network con15 nectors consisting of highways that provide

16 motor vehicle access between major military in17 stallations and highways that are part of the

18 strategic highway network. The highways shall

19 be designated by the Secretary in consultation

20 with appropriate Federal agencies and the

21 States.

22 ‘‘(3) MAXIMUM MILEAGE.—The mileage of high23 ways on the National Highway System shall not ex24 ceed 178,250 miles.

25 ‘‘(4) MODIFICATIONS TO NHS.—
372

S 1173 OPS

1 ‘‘(A) IN GENERAL.—The Secretary may

2 make any modification, including any modifica3 tion consisting of a connector to a major inter4 modal terminal, to the National Highway Sys5 tem that is proposed by a State or that is pro6 posed by a State and revised by the Secretary if

7 the Secretary determines that the modification—

8 ‘‘(i) meets the criteria established for

9 the National Highway System under this

10 title; and

11 ‘‘(ii) enhances the national transpor12 tation characteristics of the National High13 way System.

14 ‘‘(B) COOPERATION.—

15 ‘‘(i) IN GENERAL.—In proposing a

16 modification under this paragraph, a State

17 shall cooperate with local and regional offi18 cials.

19 ‘‘(ii) URBANIZED AREAS.—In an ur20 banized area, the local officials shall act

21 through the metropolitan planning organi22 zation designated for the area under section

23 134.

24 ‘‘(c) INTERSTATE SYSTEM.—

25 ‘‘(1) DESCRIPTION.—
373

S 1173 OPS

1 ‘‘(A) IN GENERAL.—The Dwight D. Eisen2 hower National System of Interstate and Defense

3 Highways within the United States (including

4 the District of Columbia and Puerto Rico), con5 sists of highways—

6 ‘‘(i) designed—

7 ‘‘(I) in accordance with the stand8 ards of section 109(b); or

9 ‘‘(II) in the case of highways in

10 Alaska and Puerto Rico, in accordance

11 with such geometric and construction

12 standards as are adequate for current

13 and probable future traffic demands

14 and the needs of the locality of the

15 highway; and

16 ‘‘(ii) located so as—

17 ‘‘(I) to connect by routes, as direct

18 as practicable, the principal metropoli19 tan areas, cities, and industrial cen20 ters;

21 ‘‘(II) to serve the national defense;

22 and

23 ‘‘(III) to the maximum extent

24 practicable, to connect at suitable bor-
374

S 1173 OPS

1 der points with routes of continental

2 importance in Canada and Mexico.

3 ‘‘(B) SELECTION OF ROUTES.—To the max4 imum extent practicable, each route of the Inter5 state System shall be selected by joint action of

6 the State transportation departments of the State

7 in which the route is located and the adjoining

8 States, in cooperation with local and regional of9 ficials, and subject to the approval of the Sec10 retary.

11 ‘‘(2) MAXIMUM MILEAGE.—The mileage of high12 ways on the Interstate System shall not exceed 43,000

13 miles, exclusive of designations under paragraph (4).

14 ‘‘(3) MODIFICATIONS.—The Secretary may ap15 prove or require modifications to the Interstate Sys16 tem in a manner consistent with the policies and pro17 cedures established under this subsection.

18 ‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.—

19 ‘‘(A) ADDITIONS.—If the Secretary deter20 mines that a highway on the National Highway

21 System meets all standards of a highway on the

22 Interstate System and that the highway is a log23 ical addition or connection to the Interstate Sys24 tem, the Secretary may, upon the affirmative

25 recommendation of the State or States in which
375

S 1173 OPS

1 the highway is located, designate the highway as

2 a route on the Interstate System.

3 ‘‘(B) DESIGNATIONS AS FUTURE INTER4 STATE SYSTEM ROUTES.—

5 ‘‘(i) IN GENERAL.—If the Secretary de6 termines that a highway on the National

7 Highway System would be a logical addi8 tion or connection to the Interstate System

9 and would qualify for designation as a

10 route on the Interstate System under sub11 paragraph (A), the Secretary may, upon the

12 affirmative recommendation of the State or

13 States in which the highway is located, des14 ignate the highway as a future Interstate

15 System route.

16 ‘‘(ii) WRITTEN AGREEMENT OF

17 STATES.—A designation under clause (i)

18 shall be made only upon the written agree19 ment of the State or States described in that

20 clause that the highway will be constructed

21 to meet all standards of a highway on the

22 Interstate System by the date that is 12

23 years after the date of the agreement.

24 ‘‘(iii) REMOVAL OF DESIGNATION.—
376

S 1173 OPS

1 ‘‘(I) IN GENERAL.—If the State or

2 States described in clause (i) have not

3 substantially completed the construc4 tion of a highway designated under

5 this subparagraph within the time pro6 vided for in the agreement between the

7 Secretary and the State or States

8 under clause (ii), the Secretary shall

9 remove the designation of the highway

10 as a future Interstate System route.

11 ‘‘(II) EFFECT OF REMOVAL.—Re12 moval of the designation of a highway

13 under subclause (I) shall not preclude

14 the Secretary from designating the

15 highway as a route on the Interstate

16 System under subparagraph (A) or

17 under any other provision of law pro18 viding for addition to the Interstate

19 System.

20 ‘‘(iv) PROHIBITION ON REFERRAL AS

21 INTERSTATE SYSTEM ROUTE.—No law, rule,

22 regulation, map, document, or other record

23 of the United States, or of any State or po24 litical subdivision of a State, shall refer to

25 any highway designated as a future Inter-
377

S 1173 OPS

1 state System route under this subpara2 graph, nor shall any such highway be

3 signed or marked, as a highway on the

4 Interstate System until such time as the

5 highway is constructed to the geometric and

6 construction standards for the Interstate

7 System and has been designated as a route

8 on the Interstate System.

9 ‘‘(C) FINANCIAL RESPONSIBILITY.—

10 ‘‘(i) IN GENERAL.—Except as provided

11 in clause (ii), the designation of a highway

12 under this paragraph shall create no addi13 tional Federal financial responsibility with

14 respect to the highway.

15 ‘‘(ii) CERTAIN HIGHWAYS.—Subject to

16 section 119(b)(1)(B), a State may use funds

17 available to the State under section

18 104(b)(1) for the resurfacing, restoration,

19 rehabilitation, and reconstruction of a high20 way—

21 ‘‘(I) designated before March 9,

22 1984, as a route on the Interstate Sys23 tem under subparagraph (A) or as a

24 future Interstate System route under

25 subparagraph (B); or
378

S 1173 OPS

1 ‘‘(II) designated under subpara2 graph (A) and located in Alaska or

3 Puerto Rico.

4 ‘‘(d) TRANSFER OF INTERSTATE CONSTRUCTION

5 FUNDS.—

6 ‘‘(1) INTERSTATE CONSTRUCTION FUNDS NOT IN

7 SURPLUS.—

8 ‘‘(A) IN GENERAL.—Upon application by a

9 State and approval by the Secretary, the Sec10 retary may transfer to the apportionment of the

11 State under section 104(b)(1) any amount of

12 funds apportioned to the State under section

13 104(b)(5)(A) (as in effect on the day before the

14 date of enactment of the Intermodal Surface

15 Transportation Efficiency Act of 1998), if the

16 amount does not exceed the Federal share of the

17 costs of construction of segments of the Interstate

18 System in the State included in the most recent

19 Interstate System cost estimate.

20 ‘‘(B) EFFECT OF TRANSFER.—Upon trans21 fer of an amount under subparagraph (A), the

22 construction on which the amount is based, as

23 included in the most recent Interstate System

24 cost estimate, shall be ineligible for funding

25 under section 104(b)(5)(A) (as in effect on the
379

S 1173 OPS

1 day before the date of enactment of the Inter2 modal Surface Transportation Efficiency Act of

3 1998) or 104(k).

4 ‘‘(2) SURPLUS INTERSTATE CONSTRUCTION

5 FUNDS.—Upon application by a State and approval

6 by the Secretary, the Secretary may transfer to the

7 apportionment of the State under section 104(b)(1)

8 any amount of surplus funds apportioned to the State

9 under section 104(b)(5)(A) (as in effect on the day be10 fore the date of enactment of the Intermodal Surface

11 Transportation Efficiency Act of 1998), if the State

12 has fully financed all work eligible under the most re13 cent Interstate System cost estimate.

14 ‘‘(3) APPLICABILITY OF CERTAIN LAWS.—Funds

15 transferred under this subsection shall be subject to

16 the laws (including regulations, policies, and proce17 dures) relating to the apportionment to which the

18 funds are transferred.

19 ‘‘(e) UNOBLIGATED BALANCES OF INTERSTATE SUB20 STITUTE FUNDS.—Unobligated balances of funds appor21 tioned to a State under section 103(e)(4)(H) (as in effect

22 on the day before the date of enactment of the Intermodal

23 Surface Transportation Efficiency Act of 1998) shall be

24 available for obligation by the State under the law (includ25 ing regulations, policies, and procedures) relating to the ob-
380

S 1173 OPS

1 ligation and expenditure of the funds in effect on that

2 date.’’.

3 (b) CONFORMING AMENDMENTS.—

4 (1)(A) Section 101(a) of title 23, United States

5 Code, is amended in the undesignated paragraph de6 fining ‘‘Interstate System’’ by striking ‘‘subsection (e)

7 of section 103 of this title’’ and inserting ‘‘section

8 103(c)’’.

9 (B) Section 104(f)(1) of title 23, United States

10 Code, is amended by striking ‘‘, except that’’ and all

11 that follows through ‘‘programs’’.

12 (C) Section 115(a) of title 23, United States

13 Code, is amended—

14 (i) in the subsection heading, by striking

15 ‘‘SUBSTITUTE,’’; and

16 (ii) in paragraph (1)(A)(i), by striking

17 ‘‘103(e)(4)(H),’’;

18 (D) Section 118 of title 23, United States Code

19 (as amended by section 1118(b)), is amended—

20 (i) by striking subsection (d); and

21 (ii) by redesignating subsections (e), (f),

22 and (g) (as added by section 1103(d)) as sub23 sections (c), (d), and (e), respectively.

24 (E) Section 129(b) of title 23, United States

25 Code, is amended in the first sentence by striking
381

S 1173 OPS

1 ‘‘which has been’’ and all that follows through ‘‘and

2 has not’’ and inserting ‘‘which is a public road and

3 has not’’.

4 (2)(A) Section 139 of title 23, United States

5 Code, is repealed.

6 (B) The analysis for chapter 1 of title 23, United

7 States Code, is amended by striking the item relating

8 to section 139.

9 (C) Section 119(a) of title 23, United States

10 Code, is amended in the first sentence—

11 (i) by striking ‘‘sections 103 and 139(c) of

12 this title’’ and inserting ‘‘section 103(c)(1) and,

13 in Alaska and Puerto Rico, under section

14 103(c)(4)(A)’’; and

15 (ii) by striking ‘‘section 139 (a) and (b) of

16 this title’’ and inserting ‘‘subparagraphs (A) and

17 (B) of section 103(c)(4)’’.

18 (D) Section 127(f) of title 23, United States

19 Code, is amended by striking ‘‘section 139(a)’’ and

20 inserting ‘‘section 103(c)(4)(A)’’.

21 (E) Section 1105(e)(5) of the Intermodal Surface

22 Transportation Efficiency Act of 1991 (109 Stat.

23 597) is amended by striking subparagraph (B) and

24 inserting the following:
382

S 1173 OPS

1 ‘‘(B) TREATMENT OF SEGMENTS.—Subject

2 to subparagraph (C), segments designated as

3 parts of the Interstate System under this para4 graph shall be treated in the same manner as

5 segments designated under section 103(c)(4)(A)

6 of title 23, United States Code.’’.

7 SEC. 1702. MISCELLANEOUS TECHNICAL CORRECTIONS.

8 (a) DEFINITIONS AND DECLARATION OF POLICY.—

9 (1) CREATION OF POLICY SECTION.—Section 102

10 of title 23, United States Code, is amended—

11 (A) by striking the section heading and in12 serting the following:

13 ‘‘§ 102. Declaration of policy’’;

14 (B) by redesignating subsection (a) as sub15 section (c) and moving that subsection to the end

16 of section 146; and

17 (C) by redesignating subsection (b) as sub18 section (f) and moving that subsection to the end

19 of section 118 (as amended by section

20 1701(b)(1)(D)(ii)).

21 (2) TRANSFER OF POLICY PROVISIONS.—Section

22 101 of title 23, United States Code, is amended—

23 (A) by striking the section heading and in24 serting the following:
383

S 1173 OPS

1 ‘‘§ 101. Definitions’’;

2 (B) in subsection (a), by striking ‘‘(a)’’;

3 (C) by striking subsection (b); and

4 (D) by redesignating subsections (c) through

5 (e) as subsections (a) through (c), respectively,

6 and moving those subsections to section 102 (as

7 amended by paragraph (1)).

8 (3) CONFORMING AMENDMENTS.—

9 (A) The analysis for chapter 1 of title 23,

10 United States Code, is amended by striking the

11 items relating to sections 101 and 102 and in12 serting the following:

‘‘101. Definitions.

‘‘102. Declaration of policy.’’.

13 (B) Section 47107(j)(1)(B) of title 49,

14 United States Code, is amended by striking ‘‘sec15 tion 101(a)’’ and inserting ‘‘section 101’’.

16 (b) ADVANCE CONSTRUCTION.—Section 115 of title 23,

17 United States Code, is amended—

18 (1) in subsection (b)—

19 (A) by striking ‘‘PROJECTS’’ and all that

20 follows through ‘‘When a State’’ and inserting

21 ‘‘PROJECTS.—When a State’’;

22 (B) by striking paragraphs (2) and (3); and
384

S 1173 OPS

1 (C) by redesignating subparagraphs (A)

2 and (B) as paragraphs (1) and (2), respectively,

3 and indenting appropriately;

4 (2) by striking subsection (c);

5 (3) in subsection (d), by striking ‘‘section 135(f)’’

6 and inserting ‘‘section 135’’; and

7 (4) by redesignating subsection (d) as subsection

8 (c).

9 (c) MAINTENANCE.—Section 116 of title 23, United

10 States Code, is amended—

11 (1) in subsection (a), by striking the second sen12 tence;

13 (2) by striking subsection (b);

14 (3) in subsection (c)—

15 (A) in the first sentence, by striking ‘‘he’’

16 and inserting ‘‘the Secretary’’; and

17 (B) in the second sentence, by striking ‘‘fur18 ther projects’’ and inserting ‘‘further expenditure

19 of Federal-aid highway funds’’; and

20 (4) by redesignating subsections (c) and (d) as

21 subsections (b) and (c), respectively.

22 (d) INTERSTATE MAINTENANCE PROGRAM.—Section

23 119(a) of title 23, United States Code, is amended in the

24 first sentence by striking ‘‘the date of enactment of this sen25 tence’’ and inserting ‘‘March 9, 1984’’.
385

S 1173 OPS

1 (e) ADVANCES TO STATES.—Section 124 of title 23,

2 United States Code, is amended—

3 (1) by striking ‘‘(a)’’; and

4 (2) by striking subsection (b).

5 (f) DIVERSION.—

6 (1) IN GENERAL.—Section 126 of title 23,

7 United States Code, is repealed.

8 (2) CONFORMING AMENDMENT.—The analysis for

9 chapter 1 of title 23, United States Code, is amended

10 by striking the item relating to section 126.

11 (g) RAILWAY-HIGHWAY CROSSINGS.—Section 130(f) of

12 title 23, United States Code, is amended by striking ‘‘AP13 PORTIONMENT’’ and all that follows through the first sen14 tence and inserting ‘‘FEDERAL SHARE.—’’.

15 (h) SURFACE TRANSPORTATION PROGRAM.—Section

16 133(a) of title 23, United States Code, is amended by strik17 ing ‘‘ESTABLISHMENT.—The Secretary shall establish’’ and

18 inserting ‘‘IN GENERAL.—The Secretary shall carry out’’.

19 (i) CONTROL OF JUNKYARDS.—Section 136 of title 23,

20 United States Code, is amended by striking subsection (m)

21 and inserting the following:

22 ‘‘(m) PRIMARY SYSTEM DEFINED.—For purposes of

23 this section, the term ‘primary system’ means the Federal24 aid primary system in existence on June 1, 1991, and any
386

S 1173 OPS

1 highway which is not on such system but which is on the

2 National Highway System.’’.

3 (j) FRINGE AND CORRIDOR PARKING FACILITIES.—

4 Section 137(a) of title 23, United States Code, is amended

5 in the first sentence by striking ‘‘on the Federal-aid urban

6 system’’ and inserting ‘‘on a Federal-aid highway’’.

7 (k) NONDISCRIMINATION.—Section 140 of title 23,

8 United States Code, is amended—

9 (1) in subsection (a)—

10 (A) in the first sentence, by striking ‘‘sub11 section (a) of section 105 of this title,’’ and in12 serting ‘‘section 106(a),’’;

13 (B) by striking ‘‘he’’ each place it appears

14 and inserting ‘‘the Secretary’’;

15 (C) in the second sentence, by striking ‘‘He’’

16 and inserting ‘‘The Secretary’’;

17 (D) in the third sentence, by striking ‘‘In

18 approving programs for projects on any of the

19 Federal-aid systems,’’ and inserting ‘‘Before ap20 proving any project under section 106(a),’’; and

21 (E) in the last sentence, by striking ‘‘him’’

22 and inserting ‘‘the Secretary’’;

23 (2) by striking subsection (b);

24 (3) in the subsection heading of subsection (d),

25 by striking ‘‘AND CONTRACTING’’; and
387

S 1173 OPS

1 (4) by redesignating subsections (c) and (d) as

2 subsections (b) and (c), respectively.

3 (l) PUBLIC TRANSPORTATION.—Section 142(a)(2) of

4 title 23, United States Code, is amended by striking ‘‘the

5 the’’ and inserting ‘‘the’’.

6 (m) PRIORITY PRIMARY ROUTES.—

7 (1) IN GENERAL.—Section 147 of title 23,

8 United States Code, is repealed.

9 (2) CONFORMING AMENDMENT.—The analysis for

10 chapter 1 of title 23, United States Code, is amended

11 by striking the item relating to section 147.

12 (n) DEVELOPMENT OF A NATIONAL SCENIC AND REC13 REATIONAL HIGHWAY.—

14 (1) IN GENERAL.—Section 148 of title 23,

15 United States Code, is repealed.

16 (2) CONFORMING AMENDMENT.—The analysis for

17 chapter 1 of title 23, United States Code, is amended

18 by striking the item relating to section 148.

19 (o) HAZARD ELIMINATION PROGRAM.—Section 152(e)

20 of title 23, United States Code, is amended by striking ‘‘ap21 portioned to’’ in the first sentence and all that follows

22 through ‘‘shall be’’ in the second sentence.

23 (p) ACCESS HIGHWAYS TO PUBLIC RECREATION

24 AREAS ON CERTAIN LAKES.—
388

S 1173 OPS

1 (1) IN GENERAL.—Section 155 of title 23,

2 United States Code, is repealed.

3 (2) CONFORMING AMENDMENT.—The analysis for

4 chapter 1 of title 23, United States Code, is amended

5 by striking the item relating to section 155.

6 SEC. 1703. NONDISCRIMINATION.

7 (a) IN GENERAL.—Section 324 of title 23, United

8 States Code, is amended—

9 (1) by inserting ‘‘(d) PROHIBITION OF DISCRIMI10 NATION ON THE BASIS OF SEX.—’’ before ‘‘No per11 son’’; and

12 (2) by moving subsection (d) (as designated by

13 paragraph (1)) to the end of section 140 (as amended

14 by section 1702(k)).

15 (b) CONFORMING AMENDMENTS.—

16 (1) Section 324 of title 23, United States Code,

17 is repealed.

18 (2) The analysis for chapter 3 of title 23, United

19 States Code, is amended by striking the item relating

20 to section 324.

21 SEC. 1704. STATE TRANSPORTATION DEPARTMENT.

22 (a) IN GENERAL.—Section 302 of title 23, United

23 States Code, is amended—

24 (1) in subsection (a)—

25 (A) by striking ‘‘(a)’’;
389

S 1173 OPS

1 (B) by striking the second sentence; and

2 (C) by adding at the end the following:

3 ‘‘Compliance with this section shall have no ef4 fect on the eligibility of costs.’’; and

5 (2) by striking subsection (b).

6 (b) CONFORMING AMENDMENTS.—

7 (1) Title 23, United States Code, is amended—

8 (A) by striking ‘‘State highway depart9 ment’’ each place it appears and inserting

10 ‘‘State transportation department’’; and

11 (B) by striking ‘‘State highway depart12 ments’’ each place it appears and inserting

13 ‘‘State transportation departments’’.

14 (2) The analysis for chapter 3 of title 23, United

15 States Code, is amended in the item relating to sec16 tion 302 by striking ‘‘highway’’ and inserting ‘‘trans17 portation’’.

18 (3) Section 302 of title 23, United States Code,

19 is amended in the section heading by striking ‘‘high20 way’’ and inserting ‘‘transportation’’.

21 (4) Section 410(h)(5) of title 23, United States

22 Code, is amended in the paragraph heading by strik23 ing ‘‘HIGHWAY’’ and inserting ‘‘TRANSPORTATION’’.

24 (5) Section 201(b) of the Appalachian Regional

25 Development Act of 1965 (40 U.S.C. App.) is amend-
390

S 1173 OPS

1 ed in the second sentence by striking ‘‘State highway

2 department’’ and inserting ‘‘State transportation de3 partment’’.

4 (6) Section 138(c) of the Surface Transportation

5 Assistance Act of 1978 (40 U.S.C. App. note to section

6 201 of the Appalachian Regional Development Act of

7 1965; Public Law 95–599) is amended in the first

8 sentence by striking ‘‘State highway department’’ and

9 inserting ‘‘State transportation department’’.

10 Subtitle H—Miscellaneous

11 Provisions

12 SEC. 1801. DESIGNATION OF PORTION OF STATE ROUTE 17

13 IN NEW YORK AND PENNSYLVANIA AS INTER14 STATE ROUTE 86.

15 (a) IN GENERAL.—Subject to subsection (b)(2), not16 withstanding section 103(c), the portion of State Route 17

17 located between the junction of State Route 17 and Inter18 state Route 87 in Harriman, New York, and the junction

19 of State Route 17 and Interstate Route 90 near Erie, Penn20 sylvania, is designated as Interstate Route 86.

21 (b) SUBSTANDARD FEATURES.—

22 (1) UPGRADING.—Each segment of State Route

23 17 described in subsection (a) that does not substan24 tially meet the Interstate System design standards

25 under section 109(b) of title 23, United States Code,
391

S 1173 OPS

1 in effect on the date of enactment of this Act shall be

2 upgraded in accordance with plans and schedules de3 veloped by the applicable State.

4 (2) DESIGNATION.—Each segment of State Route

5 17 that on the date of enactment of this Act is not

6 at least 4 lanes wide, separated by a median, access7 controlled, and grade-separated shall—

8 (A) be designated as a future Interstate Sys9 tem route; and

10 (B) become part of Interstate Route 86 at

11 such time as the Secretary determines that the

12 segment substantially meets the Interstate Sys13 tem design standards described in paragraph

14 (1).

15 (c) TREATMENT OF ROUTE.—

16 (1) MILEAGE LIMITATION.—The mileage of Inter17 state Route 86 designated under subsection (a) shall

18 not be charged against the limitation established by

19 section 103(c)(2) of title 23, United States Code.

20 (2) FEDERAL FINANCIAL RESPONSIBILITY.—

21 (A) IN GENERAL.—Subject to subparagraph

22 (B), the designation of Interstate Route 86 under

23 subsection (a) shall not create increased Federal

24 financial responsibility with respect to the des25 ignated Route.
392

S 1173 OPS

1 (B) USE OF CERTAIN FUNDS.—A State may

2 use funds available to the State under para3 graphs (1) and (3) of section 104(b) of title 23,

4 United States Code, to eliminate substandard

5 features of, and to resurface, restore, rehabilitate,

6 or reconstruct, any portion of the designated

7 Route.

8 SEC. 1802. IDENTIFICATION OF HIGH PRIORITY CORRIDOR

9 ROUTES IN LOUISIANA.

10 Section 1105 of the Intermodal Surface Transpor11 tation Efficiency Act of 1991 (105 Stat. 2031) is amend12 ed—

13 (1) in subsection (c)(1)—

14 (A) by striking ‘‘Corridor from Kansas’’

15 and inserting the following: ‘‘Corridor—

16 ‘‘(A) from Kansas’’;

17 (B) in subparagraph (A) (as so designated),

18 by striking the period at the end and inserting

19 ‘‘; and’’; and

20 (C) by adding at the end the following:

21 ‘‘(B) from Shreveport, Louisiana, along

22 Interstate Route 49 to Lafayette, Louisiana, and

23 along United States Route 90 to the junction

24 with Interstate Route 10 in New Orleans, Lou25 isiana.’’; and
393

S 1173 OPS

1 (2) in subsection (e)(5)(A), by inserting ‘‘in sub2 section (c)(1)(B),’’ after ‘‘routes referred to’’.

3 SEC. 1803. SENSE OF SENATE CONCERNING THE OPER4 ATION OF LONGER COMBINATION VEHICLES.

5 (a) FINDINGS.—Congress finds that—

6 (1) section 127(d) of title 23, United States Code,

7 contains a prohibition that took effect on June 1,

8 1991, concerning the operation of certain longer com9 bination vehicles, including certain double-trailer and

10 triple-trailer trucks;

11 (2) reports on the results of recent studies con12 ducted by the Federal Government describe, with re13 spect to longer combination vehicles—

14 (A) problems with the adequacy of rearward

15 amplification braking;

16 (B) the difficulty in making lane changes;

17 and

18 (C) speed differentials that occur while

19 climbing or accelerating; and

20 (3) surveys of individuals in the United States

21 demonstrate that an overwhelming majority of resi22 dents of the United States oppose the expanded use of

23 longer combination vehicles.

24 (b) LONGER COMBINATION VEHICLE DEFINED.—In

25 this section, the term ‘‘longer combination vehicle’’ has the
394

S 1173 OPS

1 meaning given that term in section 127(d)(4) of title 23,

2 United States Code.

3 (c) SENSE OF THE SENATE.—It is the sense of the Sen4 ate that the prohibitions and restrictions under section

5 127(d) of title 23, United States Code, as in effect on the

6 date of enactment of this Act, should not be amended so

7 as to result in any less restrictive prohibition or restriction.

8 SEC. 1804. INTERNATIONAL BRIDGE, SAULT STE. MARIE,

9 MICHIGAN.

10 The International Bridge Authority, or its successor

11 organization, shall be permitted to continue collecting tolls

12 for maintenance of, operation of, capital improvements to,

13 and future expansions to the International Bridge, Sault

14 Ste. Marie, Michigan, and its approaches, plaza areas, and

15 associated structures.

16 SEC. 1805. AMENDMENT TO NATIONAL TRAILS SYSTEM ACT.

17 Section 8(d) of the National Trails System Act (43

18 U.S.C. 1247(d)) is amended—

19 (1) by striking ‘‘The’’ and inserting in lieu

20 thereof ‘‘(1) The’’;

21 (2) by adding at the end thereof the following

22 new paragraphs:

23 ‘‘(2) Consistent with the terms and conditions

24 imposed under paragraph (1), the Surface Transpor-
395

S 1173 OPS

1 tation Board shall approve a proposal for interim

2 trail use of a railroad right-of-way unless—

3 ‘‘(A) at least half of the units of local gov4 ernment located within the rail corridor for

5 which the interim trail use is proposed pass a

6 resolution opposing the proposed trail use; and

7 ‘‘(B) the resolution is transmitted to the

8 Surface Transportation Board within the appli9 cable time requirements for rail line abandon10 ment proceedings.

11 ‘‘(3) The limitation in paragraph (2) shall not

12 apply if a State has assumed responsibility for the

13 management of such right-of-way.’’.

14 SEC. 1806. AMENDMENTS TO TITLE 23.

15 (a) Section 144 of title 23, United States Code, is

16 amended—

17 (1) in each of subsections (d) and (g)(3) by in18 serting after ‘‘magnesium acetate’’ the following: ‘‘or

19 agriculturally derived, environmentally acceptable,

20 minimally corrosive anti-icing and de-icing composi21 tions’’; and

22 (2) in subsection (d) by inserting ‘‘or such anti23 icing or de-icing composition’’ after ‘‘such acetate’’.

24 (b) Section 133(b)(1) of title 23, United States Code,

25 is amended by inserting after ‘‘magnesium acetate’’ the fol-
396

S 1173 OPS

1 lowing: ‘‘or agriculturally derived, environmentally accept2 able, minimally corrosive anti-icing and de-icing composi3 tions’’.

4 SEC. 1807. LIMITATIONS.

5 (a) PROHIBITION ON LOBBYING ACTIVITIES.—No

6 funds authorized in this title shall be available for any ac7 tivity to build support for or against, or to influence the

8 formulation, or adoption of State or local legislation, unless

9 such activity is consistent with previously-existing Federal

10 mandates or incentive programs.

11 (b) TESTIFYING.—Nothing in this section shall pro12 hibit officers or employees of the United States or its depart13 ments or agencies from testifying before any State or local

14 legislative body upon the invitation of such legislative body.

15 SEC. 1808. ADDITIONAL QUALIFIED EXPENSES AVAILABLE

16 TO NONAMTRAK STATES.

17 (a) IN GENERAL.—Section 977(e)(1)(B) of the Tax18 payer Relief Act of 1997 (defining qualified expenses) is

19 amended—

20 (1) by striking ‘‘and’’ at the end of clause (iii)

21 and all that follows through ‘‘clauses (i) and (iv).’’,

22 and

23 (2) by adding after clause (iii) the following:

24 ‘‘(iv) capital expenditures related to

25 State-owned rail operations in the State,
397

S 1173 OPS

1 ‘‘(v) any project that is eligible to re2 ceive funding under section 5309, 5310, or

3 5311 of title 49, United States Code,

4 ‘‘(vi) any project that is eligible to re5 ceive funding under section 130 or 152 of

6 title 23, United States Code,

7 ‘‘(vii) the upgrading and maintenance

8 of intercity primary and rural air service

9 facilities, and the purchase of intercity air

10 service between primary and rural airports

11 and regional hubs,

12 ‘‘(viii) the provision of passenger ferry13 boat service within the State, and

14 ‘‘(ix) the payment of interest and prin15 cipal on obligations incurred for such ac16 quisition, upgrading, maintenance, pur17 chase, expenditures, provision, and

18 projects.’’

19 (b) EFFECTIVE DATE.—The amendments made by this

20 section shall take effect as if included in the enactment of

21 section 977 of the Taxpayer Relief Act of 1997.
398

S 1173 OPS

1 SEC. 1809. CONTINUANCE OF COMMERCIAL OPERATIONS AT

2 CERTAIN SERVICE PLAZAS IN THE STATE OF

3 MARYLAND.

4 (a) WAIVER.—Notwithstanding section 111 of title 23,

5 United States Code, and the agreements described in sub6 section (b), at the request of the Maryland Transportation

7 Authority, the Secretary shall allow the continuance of com8 mercial operations at the service plazas on the John F. Ken9 nedy Memorial Highway on Interstate Route 95.

10 (b) AGREEMENTS.—The agreements referred to in sub11 section (a) are agreements between the Department of

12 Transportation of the State of Maryland and the Federal

13 Highway Administration concerning the highway described

14 in subsection (a).

15 SEC. 1810. PENNSYLVANIA STATION REDEVELOPMENT COR16 PORATION BOARD OF DIRECTORS.

17 Section 1069(gg) of the Intermodal Surface Transpor18 tation Efficiency Act of 1991 (105 Stat. 2011) is amended

19 by adding at the end the following: ‘‘(3) In furtherance of

20 the redevelopment of the James A. Farley Post Office Build21 ing in the city of New York, New York, into an intermodal

22 transportation facility and commercial center, the Sec23 retary of Transportation, the Federal Railroad Adminis24 trator, and their designees are authorized to serve as ex offi25 cio members of the Board of Directors of the Pennsylvania

26 Station Redevelopment Corporation.
399

S 1173 OPS

1 SEC. 1811. UNION STATION REDEVELOPMENT CORPORA2 TION BOARD OF DIRECTORS.

3 Subchapter I of chapter 18 of title 40 of the United

4 States Code is amended by adding a new section at the end

5 thereof as follows:

6 ‘‘§ 820. Union Station Redevelopment Corporation

7 ‘‘To further the rehabilitation, redevelopment and op8 eration of the Union Station complex, the Secretary of

9 Transportation, the Federal Railroad Administrator, and

10 their designees are authorized to serve as ex officio members

11 of the Board of Directors of the Union Station Redevelop12 ment Corporation.’’.

13 SEC. 1812. ADDITIONS TO APPALACHIAN REGION.

14 Section 403 of the Appalachian Regional Development

15 Act of 1965 (40 U.S.C. App.) is amended—

16 (1) in the undesignated paragraph relating to

17 Alabama, by inserting ‘‘Hale,’’ after ‘‘Franklin,’’;

18 (2) in the undesignated paragraph relating to

19 Georgia—

20 (A) by inserting ‘‘Elbert,’’ after ‘‘Douglas,’’;

21 and

22 (B) by inserting ‘‘Hart,’’ after ‘‘Haralson,’’;

23 (3) in the undesignated paragraph relating to

24 Mississippi, by striking ‘‘and Winston’’ and inserting

25 ‘‘Winston, and Yalobusha’’; and
400

S 1173 OPS

1 (4) in the undesignated paragraph relating to

2 Virginia—

3 (A) by inserting ‘‘Montgomery,’’ after

4 ‘‘Lee,’’; and

5 (B) by inserting ‘‘Rockbridge,’’ after ‘‘Pu6 laski,’’.

7 SEC. 1813. SOUTHWEST BORDER TRANSPORTATION INFRA8 STRUCTURE ASSESSMENT.

9 (a) IN GENERAL.—The Secretary shall conduct a com10 prehensive assessment of the state of the transportation in11 frastructure on the southwest border between the United

12 States and Mexico (referred to in this section as the ‘‘bor13 der’’).

14 (b) CONSULTATION.—In carrying out subsection (a),

15 the Secretary shall consult with—

16 (1) the Secretary of State;

17 (2) the Attorney General;

18 (3) the Secretary of the Treasury;

19 (4) the Commandant of the Coast Guard;

20 (5) the Administrator of General Services;

21 (6) the American Commissioner on the Inter22 national Boundary Commission, United States and

23 Mexico;

24 (7) State agencies responsible for transportation

25 and law enforcement in border States; and
401

S 1173 OPS

1 (8) municipal governments and transportation

2 authorities in sister cities in the border area.

3 (c) REQUIREMENTS.—In carrying out the assessment,

4 the Secretary shall—

5 (1) assess—

6 (A) the flow of commercial and private traf7 fic through designated ports of entry on the bor8 der;

9 (B) the adequacy of transportation infra10 structure in the border area, including highways,

11 bridges, railway lines, and border inspection fa12 cilities;

13 (C) the adequacy of law enforcement and

14 narcotics abatement activities in the border area,

15 as the activities relate to commercial and private

16 traffic; and

17 (D) future demands on transportation in18 frastructure in the border area; and

19 (2) make recommendations to facilitate legiti20 mate cross-border traffic in the border area, while

21 maintaining the integrity of the border.

22 (d) REPORT.—Not later than 1 year after the date of

23 enactment of this Act, the Secretary shall submit to Con24 gress a report on the assessment conducted under this sec-
402

S 1173 OPS

1 tion, including any related legislative and administrative

2 recommendations.

3 SEC. 1814. MODIFICATION OF HIGH PRIORITY CORRIDOR.

4 Section 1105(c)(18) of the Intermodal Surface Trans5 portation Efficiency Act of 1991 (105 Stat. 2032) is amend6 ed—

7 (1) by striking ‘‘(18) Corridor from Indianap8 olis,’’ and inserting the following:

9 ‘‘(18)(A) Corridor from Sarnia, Ontario, Can10 ada, through Port Huron, Michigan, southwesterly

11 along Interstate Route 69 through Indianapolis,’’;

12 and

13 (2) by adding at the end the following:

14 ‘‘(B) Corridor from Sarnia, Ontario, Canada,

15 southwesterly along Interstate Route 94 to the Ambas16 sador Bridge interchange in Detroit, Michigan.

17 ‘‘(C) Corridor from Windsor, Ontario, Canada,

18 through Detroit, Michigan, westerly along Interstate

19 Route 94 to Chicago, Illinois.’’.

20 SEC. 1815. DESIGNATION OF CORRIDORS IN MISSISSIPPI

21 AND ALABAMA AS ROUTES ON THE INTER22 STATE SYSTEM.

23 (a) IN GENERAL.—

24 (1) DESIGNATION.—Subject to subsection (b)(2),

25 notwithstanding section 103(c) of title 23, United
403

S 1173 OPS

1 States Code, the segments described in paragraph (2)

2 are designated as routes on the Interstate System.

3 (2) SEGMENTS.—The segments referred to in

4 paragraph (1) are—

5 (A) the portion of Corridor V of the Appa6 lachian development highway system from Inter7 state Route 55 near Batesville, Mississippi, to

8 the intersection with Corridor X of the Appa9 lachian development highway system near Ful10 ton, Mississippi; and

11 (B) the portion of Corridor X of the Appa12 lachian development highway system from near

13 Fulton, Mississippi, to the intersection with

14 Interstate Route 65 near Birmingham, Alabama.

15 (b) SUBSTANDARD FEATURES.—

16 (1) UPGRADING.—Each portion of the segments

17 described in subsection (a)(2) that does not substan18 tially meet the Interstate System design standards

19 under section 109(b) of title 23, United States Code,

20 in effect on the date of enactment of this Act shall be

21 upgraded in accordance with plans and schedules de22 veloped by the applicable State.

23 (2) DESIGNATION.—Each portion of the segments

24 described in subsection (a)(2) that on the date of en25 actment of this Act does not meet the Interstate Sys-
404

S 1173 OPS

1 tem design standards under section 109(b) of that

2 title and does not connect to a segment of the Inter3 state System shall—

4 (A) be designated as a future Interstate Sys5 tem route; and

6 (B) become part of the Interstate System at

7 such time as the Secretary determines that the

8 portion of the segment—

9 (i) meets the Interstate System design

10 standards; and

11 (ii) connects to another segment of the

12 Interstate System.

13 (c) TREATMENT OF ROUTES.—

14 (1) MILEAGE LIMITATION.—The mileage of the

15 routes on the Interstate System designated under sub16 section (a) shall not be charged against the limitation

17 established by section 103(c)(2) of title 23, United

18 States Code.

19 (2) FEDERAL FINANCIAL RESPONSIBILITY.—

20 (A) IN GENERAL.—Subject to subparagraph

21 (B), the designation of the routes on the Inter22 state System under subsection (a) shall not cre23 ate increased Federal financial responsibility

24 with respect to the designated segments.
405

S 1173 OPS

1 (B) USE OF CERTAIN FUNDS.—A State may

2 use funds available to the State under para3 graphs (1)(C) and (3) of section 104(b) of title

4 23, United States Code, to eliminate substandard

5 features of, and to resurface, restore, rehabilitate,

6 or reconstruct, any portion of the designated seg7 ments.

8 (3) ELIGIBILITY FOR OTHER FUNDING.—(A)

9 This section shall not affect the amount of funding

10 that a State shall be entitled to receive under any

11 other section of this Act or under any other law.

12 (B) EFFECT OF PROVISION.—Nothing in this sec13 tion shall result in an increase in a State’s estimated

14 cost to complete the Appalachian development high15 way system or in the amount of assistance that the

16 State shall be entitled to receive from the Appalachian

17 Development Highway System under this Act or any

18 other Act.

19 SEC. 1816. REAUTHORIZATION OF FERRY AND FERRY TER20 MINAL PROGRAM.

21 (a) Section 1064(c) of the Intermodal Surface Trans22 portation Efficiency Act of 1991 (23 U.S.C. 129 note) is

23 amended by striking ‘‘$14,000,000’’ and all that follows

24 through ‘‘this section’’ and inserting in lieu thereof

25 ‘‘$30,000,000 for fiscal year 1998, $25,000,000 for fiscal
406

S 1173 OPS

1 year 1999, $25,000,000 for fiscal year 2000, $30,000,000

2 for fiscal year 2001, $35,000,000 for fiscal year 2002, and

3 $35,000,000 for fiscal year 2003 in carrying out this sec4 tion, at least $12,000,000 of which in each such fiscal year

5 shall be obligated for the construction of ferry boats, termi6 nal facilities and approaches to such facilities within ma7 rine highway systems that are part of the National High8 way System’’.

9 (b) In addition to the obligation authority provided

10 in subsection (a), there are authorized to be appropriated

11 $20,000,000 in each of fiscal years 1999, 2000, 2001, 2002,

12 and 2003 for the ferry boat and ferry terminal facility pro13 gram under section 1064 of the Intermodal Surface Trans14 portation Efficiency Act of 1991 (23 U.S.C. 129 note).

15 SEC. 1817. REPORT ON UTILIZATION POTENTIAL.

16 (a) STUDY.—The Secretary of Transportation shall

17 conduct a study of ferry transportation in the United States

18 and its possessions—

19 (1) to identify existing ferry operations, includ20 ing—

21 (A) the locations and routes served;

22 (B) the name, United States official num23 ber, and a description of each vessel operated as

24 a ferry;
407

S 1173 OPS

1 (C) the source and amount, if any, of funds

2 derived from Federal, State, or local government

3 sources supporting ferry construction or oper4 ations;

5 (D) the impact of ferry transportation on

6 local and regional economies; and

7 (E) the potential for use of high-speed ferry

8 services.

9 (2) identify potential domestic ferry routes in the

10 United States and its possessions and to develop in11 formation on those routes, including—

12 (A) locations and routes that might be

13 served;

14 (B) estimates of capacity required;

15 (C) estimates of capital costs of developing

16 these routes;

17 (D) estimates of annual operating costs for

18 these routes;

19 (E) estimates of the economic impact of

20 these routes on local and regional economies; and

21 (F) the potential for use of high-speed ferry

22 services.

23 (b) REPORT.—The Secretary shall report the results of

24 the study under subsection (a) within one year after the

25 date of enactment of this Act to the Committee on Com-
408

S 1173 OPS

1 merce, Science, and Transportation of the United States

2 Senate and the Committee on Transportation and Infra3 structure of the United States House of Representatives.

4 (c) FINDINGS.—After reporting the results of the study

5 required by paragraph (b), the Secretary of Transportation

6 shall meet with the relevant State and municipal planning

7 organizations to discuss the results of the study and the

8 availability of resources, both Federal and State, for provid9 ing marine ferry service.

10 TITLE II—RESEARCH AND

11 TECHNOLOGY

12 Subtitle A—Research and Training

13 SEC. 2001. STRATEGIC RESEARCH PLAN.

14 Subtitle III of title 49, United States Code, is amend15 ed—

16 (1) in the table of chapters, by inserting after the

17 item relating to chapter 51 the following:

‘‘52. RESEARCH AND DEVELOPMENT ........................................... 5201’’;

18 and

19 (2) by inserting after chapter 51 the following:

20 ‘‘CHAPTER 52—RESEARCH AND

21 DEVELOPMENT

‘‘Sec.

‘‘5201. Definitions.

‘‘SUBCHAPTER I—GENERAL AND ADMINISTRATIVE PROVISIONS

‘‘5211. Transactional authority.
409

S 1173 OPS

‘‘SUBCHAPTER II—STRATEGIC PLANNING

‘‘5221. Strategic planning.

‘‘5222. Authorization of contract authority.

‘‘SUBCHAPTER III—MULTIMODAL TRANSPORTATION RESEARCH

AND DEVELOPMENT PROGRAM

‘‘5231. Multimodal Transportation Research and Development Program.

‘‘5232. Authorization of contract authority.

‘‘SUBCHAPTER IV—NATIONAL UNIVERSITY TRANSPORTATION

CENTERS

‘‘5241. National university transportation centers.

1 ‘‘§ 5201. Definitions

2 ‘‘In this chapter:

3 ‘‘(1) DEPARTMENT.—The term ‘Department’

4 means the Department of Transportation.

5 ‘‘(2) SECRETARY.—The term ‘Secretary’ means

6 the Secretary of Transportation.

7 ‘‘SUBCHAPTER I—GENERAL AND

8 ADMINISTRATIVE PROVISIONS

9 ‘‘§ 5211. Transactional authority

10 ‘‘To further the objectives of this chapter, the Secretary

11 may make grants to, and enter into contracts, cooperative

12 agreements, and other transactions with—

13 ‘‘(1) any person or any agency or instrumental14 ity of the United States;

15 ‘‘(2) any unit of State or local government;

16 ‘‘(3) any educational institution;

17 ‘‘(4) any Federal laboratory; and

18 ‘‘(5) any other entity.
410

S 1173 OPS

1 ‘‘SUBCHAPTER II—STRATEGIC PLANNING

2 ‘‘§ 5221. Strategic planning

3 ‘‘(a) AUTHORITY.—The Secretary shall establish a

4 strategic planning process to—

5 ‘‘(1) determine national transportation research,

6 development, and technology deployment priorities,

7 strategies, and milestones over the next 5 years;

8 ‘‘(2) coordinate Federal transportation research,

9 development, and technology deployment activities;

10 and

11 ‘‘(3) measure the impact of the research, develop12 ment, and technology investments described in para13 graph (2) on the performance of the transportation

14 system of the United States.

15 ‘‘(b) CRITERIA.—In developing strategic plans for

16 intermodal, multimodal, and mode-specific research, devel17 opment, and technology deployment, the Secretary shall

18 consider the need to—

19 ‘‘(1) coordinate and integrate Federal, regional,

20 State, and metropolitan planning research, develop21 ment, and technology activities in urban and rural

22 areas;

23 ‘‘(2) promote standards that facilitate a seamless

24 and interoperable transportation system;

25 ‘‘(3) encourage innovation;
411

S 1173 OPS

1 ‘‘(4) identify and facilitate initiatives and part2 nerships to deploy technology with the potential for

3 improving transportation systems during the next 5-

4 year and 10-year periods;

5 ‘‘(5) identify core research to support the long6 term transportation technology and system needs of

7 urban and rural areas of the United States, including

8 safety;

9 ‘‘(6) ensure the ability of the United States to

10 compete on a global basis; and

11 ‘‘(7) provide a means of assessing the impact of

12 Federal research and technology investments on the

13 performance of the transportation system of the

14 United States.

15 ‘‘(c) IMPLEMENTATION.—

16 ‘‘(1) IN GENERAL.—In carrying out subsection

17 (a), the Secretary shall adopt such policies and proce18 dures as are appropriate—

19 ‘‘(A) to provide for integrated planning, co20 ordination, and consultation among the Admin21 istrators of the operating administrations of the

22 Department and other Federal officials with re23 sponsibility for research, development, and tech24 nology transfer important to national transpor25 tation needs;
412

S 1173 OPS

1 ‘‘(B) to promote the exchange of informa2 tion on transportation-related research and de3 velopment activities among the operating ele4 ments of the Department, other Federal depart5 ments and agencies, Federal laboratories, State

6 and local governments, colleges and universities,

7 industry, and other private and public sector or8 ganizations engaged in the activities;

9 ‘‘(C) to ensure that the research and devel10 opment programs of the Department do not du11 plicate other Federal and, to the maximum ex12 tent practicable, private sector research and de13 velopment programs; and

14 ‘‘(D) to ensure that the research and devel15 opment activities of the Department—

16 ‘‘(i) make appropriate use of the tal17 ents, skills, and abilities at the Federal lab18 oratories; and

19 ‘‘(ii) leverage, to the maximum extent

20 practicable, the research, development, and

21 technology transfer capabilities of institu22 tions of higher education and private indus23 try.

24 ‘‘(2) CONSULTATION.—The procedures and poli25 cies adopted under paragraph (1) shall include con-
413

S 1173 OPS

1 sultation with State officials and members of the pri2 vate sector.

3 ‘‘(d) REPORTS.—

4 ‘‘(1) IN GENERAL.—Concurrent with the submis5 sion to Congress of the budget of the President for

6 each fiscal year, the Secretary shall submit to the

7 Committee on Environment and Public Works of the

8 Senate and the Committee on Transportation and In9 frastructure of the House of Representatives a report

10 on the strategic plans, goals, and milestones developed

11 under subsections (a) and (b) to help guide research,

12 development, and technology transfer activities during

13 the 5-year period beginning on the date of the report.

14 ‘‘(2) COMPARISON TO PREVIOUS REPORT.—The

15 report shall include a delineation of the progress

16 made with respect to each of the plans, goals, and

17 milestones specified in the previous report.

18 ‘‘(3) PROHIBITION ON OBLIGATION FOR FAILURE

19 TO SUBMIT REPORT.—Beginning on the date of the

20 submission to Congress of the budget of the President

21 for fiscal year 2000, and on the date of the submis22 sion for each fiscal year thereafter, none of the funds

23 made available under this chapter or chapter 5 of

24 title 23 may be obligated until the report required

25 under paragraph (1) for that fiscal year is submitted.
414

S 1173 OPS

1 ‘‘§ 5222. Authorization of contract authority

2 ‘‘(a) IN GENERAL.—There shall be available from the

3 Highway Trust Fund (other than the Mass Transit Ac4 count) to carry out this subchapter $1,500,000 for each of

5 fiscal years 1998 through 2003.

6 ‘‘(b) CONTRACT AUTHORITY.—Funds authorized under

7 this section shall be available for obligation in the same

8 manner as if the funds were apportioned under chapter 1

9 of title 23, except that—

10 ‘‘(1) any Federal share of the cost of an activity

11 under this subchapter shall be determined in accord12 ance with this subchapter; and

13 ‘‘(2) the funds shall remain available for obliga14 tion for a period of 2 years after the last day of the

15 fiscal year for which the funds are authorized.

16 ‘‘(c) USE OF UNALLOCATED FUNDS.—To the extent

17 that the amounts made available for any fiscal year under

18 subsection (a) exceed the amounts used to carry out section

19 5221 for the fiscal year, the excess amounts—

20 ‘‘(1) shall be apportioned in accordance with sec21 tion 104(b)(3) of title 23;

22 ‘‘(2) shall be considered to be sums made avail23 able for expenditure on the surface transportation

24 program, except that the amounts shall not be subject

25 to section 133(d) of that title; and
415

S 1173 OPS

1 ‘‘(3) shall be available for any purpose eligible

2 for funding under section 133 of that title.’’.

3 SEC. 2002. MULTIMODAL TRANSPORTATION RESEARCH AND

4 DEVELOPMENT PROGRAM.

5 Chapter 52 of title 49, United States Code (as added

6 by section 2001), is amended by adding at the end the fol7 lowing:

8 ‘‘SUBCHAPTER III—MULTIMODAL TRANSPOR9 TATION RESEARCH AND DEVELOPMENT PRO10 GRAM

11 ‘‘§ 5231. Multimodal Transportation Research and De12 velopment Program

13 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish

14 a program to be known as the ‘Multimodal Transportation

15 Research and Development Program’.

16 ‘‘(b) PURPOSES.—The purposes of the Multimodal

17 Transportation Research and Development Program are

18 to—

19 ‘‘(1) enhance the capabilities of Federal agencies

20 to meet national transportation needs, as defined by

21 the missions of the agencies, through support for long22 term and applied research and development that

23 would benefit the various modes of transportation, in24 cluding research and development in safety, security,
416

S 1173 OPS

1 mobility, energy and the environment, information

2 and physical infrastructure, and industrial design;

3 ‘‘(2) identify and apply innovative research per4 formed by the Federal Government, Federal labora5 tories, academia, and the private sector to the inter6 modal and multimodal transportation research, devel7 opment, and deployment needs of the Department and

8 the transportation enterprise of the United States;

9 ‘‘(3) identify and leverage research, technologies,

10 and other information developed by the Federal Gov11 ernment for national defense and nondefense purposes

12 for the benefit of the public, commercial, and defense

13 transportation sectors; and

14 ‘‘(4) share information and analytical and re15 search capabilities among the Federal Government,

16 State and local governments, colleges and universities,

17 and private organizations to advance their ability to

18 meet their transportation research, development, and

19 deployment needs.

20 ‘‘(c) PROCESS FOR CONSULTATION.—To advise the

21 Secretary in establishing priorities within the Program, the

22 Secretary shall establish a process for consultation among

23 the Administrators of the operating administrations of the

24 Department and other Federal officials with responsibility

25 for research.
417

S 1173 OPS

1 ‘‘§ 5232. Authorization of contract authority

2 ‘‘(a) IN GENERAL.—There shall be available from the

3 Highway Trust Fund (other than the Mass Transit Ac4 count) to carry out this subchapter $2,500,000 for each of

5 fiscal years 1998 through 2003.

6 ‘‘(b) CONTRACT AUTHORITY.—Funds authorized under

7 this section shall be available for obligation in the same

8 manner as if the funds were apportioned under chapter 1

9 of title 23, except that—

10 ‘‘(1) any Federal share of the cost of an activity

11 under this subchapter shall be determined in accord12 ance with this subchapter; and

13 ‘‘(2) the funds shall remain available for obliga14 tion for a period of 2 years after the last day of the

15 fiscal year for which the funds are authorized.’’.

16 SEC. 2003. NATIONAL UNIVERSITY TRANSPORTATION CEN17 TERS.

18 (a) IN GENERAL.—Chapter 52 of title 49, United

19 States Code (as amended by section 2002), is amended by

20 adding at the end the following:

21 ‘‘SUBCHAPTER IV—NATIONAL UNIVERSITY

22 TRANSPORTATION CENTERS

23 ‘‘§ 5241. National university transportation centers

24 ‘‘(a) IN GENERAL.—The Secretary shall make grants

25 to, or enter into contracts with, the nonprofit institutions
418

S 1173 OPS

1 of higher learning selected under section 5317 (as in effect

2 on the day before the date of enactment of this section)—

3 ‘‘(1) to operate 1 university transportation cen4 ter in each of the 10 Federal administrative regions

5 that comprise the Standard Federal Regional Bound6 ary System; and

7 ‘‘(2) to continue operation of university trans8 portation centers at the Mack-Blackwell National

9 Rural Transportation Study Center, the National

10 Center for Transportation and Industrial Productiv11 ity, the Institute for Surface Transportation Policy

12 Studies, the Urban Transit Institute at the Univer13 sity of South Florida, the National Center for Ad14 vanced Transportation Technology, and the Univer15 sity of Alabama Transportation Research Center.

16 ‘‘(b) ADDITIONAL CENTERS.—

17 ‘‘(1) IN GENERAL.—The Secretary may make

18 grants to nonprofit institutions of higher learning to

19 establish and operate not more than 4 additional uni20 versity transportation centers to address—

21 ‘‘(A) transportation management, research,

22 and development, with special attention to in23 creasing the number of highly skilled minority

24 individuals and women entering the transpor25 tation workforce;
419

S 1173 OPS

1 ‘‘(B) transportation and industrial produc2 tivity;

3 ‘‘(C) rural transportation;

4 ‘‘(D) advanced transportation technology;

5 ‘‘(E) international transportation policy

6 studies;

7 ‘‘(F) transportation infrastructure tech8 nology;

9 ‘‘(G) urban transportation research;

10 ‘‘(H) transportation and the environment;

11 ‘‘(I) surface transportation safety; or

12 ‘‘(J) infrastructure finance studies.

13 ‘‘(2) SELECTION CRITERIA.—

14 ‘‘(A) APPLICATION.—A nonprofit institu15 tion of higher learning that desires to receive a

16 grant under paragraph (1) shall submit an ap17 plication to the Secretary in such manner and

18 containing such information as the Secretary

19 may require.

20 ‘‘(B) SELECTION OF RECIPIENTS.—The Sec21 retary shall select each grant recipient under

22 paragraph (1) on the basis of—

23 ‘‘(i) the demonstrated research and ex24 tension resources available to the recipient

25 to carry out this section;
420

S 1173 OPS

1 ‘‘(ii) the capability of the recipient to

2 provide leadership in making national and

3 regional contributions to the solution of im4 mediate and long-term transportation prob5 lems;

6 ‘‘(iii) the establishment by the recipi7 ent of a surface transportation program

8 that encompasses several modes of transpor9 tation;

10 ‘‘(iv) the demonstrated ability of the

11 recipient to disseminate results of transpor12 tation research and education programs

13 through a statewide or regionwide continu14 ing education program;

15 ‘‘(v) the strategic plan that the recipi16 ent proposes to carry out using the grant

17 funds; and

18 ‘‘(vi) the extent to which private funds

19 have been committed to a university and

20 public-private partnerships established to

21 fulfill the objectives specified in paragraph

22 (1).

23 ‘‘(c) OBJECTIVES.—Each university transportation

24 center shall use grant funds under subsection (a) or (b) to

25 carry out—
421

S 1173 OPS

1 ‘‘(1) multimodal basic and applied research, the

2 products of which are judged by peers or other experts

3 in the field to advance the body of knowledge in

4 transportation;

5 ‘‘(2) an education program that includes multi6 disciplinary course work and participation in re7 search; and

8 ‘‘(3) an ongoing program of technology transfer

9 that makes research results available to potential

10 users in a form that can be readily implemented,

11 used, or otherwise applied.

12 ‘‘(d) MAINTENANCE OF EFFORT.—Before making a

13 grant under subsection (a) or (b), the Secretary shall re14 quire the grant recipient to enter into an agreement with

15 the Secretary to ensure that the recipient will maintain,

16 during the period of the grant, a level of total expenditures

17 from all other sources for establishing and operating a uni18 versity transportation center and carrying out related re19 search activities that is at least equal to the average level

20 of those expenditures in the 2 fiscal years of the recipient

21 prior to the award of a grant under subsection (a) or (b).

22 ‘‘(e) ADDITIONAL GRANTS AND CONTRACTS.—

23 ‘‘(1) GRANTS OR CONTRACTS.—In addition to

24 grants under subsection (a) or (b), the Secretary may

25 make grants to, or enter into contracts with, univer-
422

S 1173 OPS

1 sity transportation centers without the need for a

2 competitive process.

3 ‘‘(2) USE OF GRANTS OR CONTRACTS.—A non4 competitive grant or contract under paragraph (1)

5 shall be used for transportation research, development,

6 education, or training consistent with the strategic

7 plan approved as part of the selection process for the

8 center.

9 ‘‘(f) FEDERAL SHARE.—The Federal share of the cost

10 of establishing and operating a university transportation

11 center and carrying out related research activities under

12 this section shall be not more than 50 percent.

13 ‘‘(g) PROGRAM COORDINATION.—

14 ‘‘(1) IN GENERAL.—The Secretary shall—

15 ‘‘(A) coordinate research, education, train16 ing, and technology transfer activities carried

17 out by grant recipients under this section;

18 ‘‘(B) disseminate the results of the research;

19 and

20 ‘‘(C) establish and operate a clearinghouse

21 for disseminating the results of the research.

22 ‘‘(2) REVIEW AND EVALUATION.—

23 ‘‘(A) IN GENERAL.—Not less often than an24 nually, the Secretary shall review and evaluate
423

S 1173 OPS

1 programs carried out by grant recipients under

2 this section.

3 ‘‘(B) NOTIFICATION OF DEFICIENCIES.—In

4 carrying out subparagraph (A), if the Secretary

5 determines that a university transportation cen6 ter is deficient in meeting the objectives of this

7 section, the Secretary shall notify the grant re8 cipient operating the center of each deficiency

9 and provide specific recommendations of meas10 ures that should be taken to address the defi11 ciency.

12 ‘‘(C) DISQUALIFICATION.—If, after the end

13 of the 180-day period that begins on the date of

14 notification to a grant recipient under subpara15 graph (B) with respect to a center, the Secretary

16 determines that the recipient has not corrected

17 each deficiency identified under subparagraph

18 (B), the Secretary may, after notifying the Com19 mittee on Environment and Public Works of the

20 Senate and the Committee on Transportation

21 and Infrastructure of the House of Representa22 tives of the determination—

23 ‘‘(i) disqualify the university transpor24 tation center from further participation

25 under this section; and
424

S 1173 OPS

1 ‘‘(ii) make a grant for the establish2 ment of a new university transportation

3 center, in lieu of the disqualified center,

4 under subsection (a) or (b), as applicable.

5 ‘‘(3) FUNDING.—The Secretary may use not

6 more than 1 percent of Federal funds made available

7 under this section to carry out this subsection.

8 ‘‘(h) AUTHORIZATION OF CONTRACT AUTHORITY.—

9 ‘‘(1) IN GENERAL.—There shall be available from

10 the Highway Trust Fund (other than the Mass Tran11 sit Account) to carry out this section $12,000,000 for

12 each of fiscal years 1998 through 2003.

13 ‘‘(2) CONTRACT AUTHORITY.—Funds authorized

14 under this subsection shall be made available for obli15 gation in the same manner as if the funds were ap16 portioned under chapter 1 of title 23, except that the

17 Federal share of the cost of a project under this sec18 tion shall be determined in accordance with this sec19 tion.

20 ‘‘(3) TECHNOLOGY TRANSFER ACTIVITIES.—For

21 each fiscal year, not less than 5 percent of the

22 amounts made available to carry out this section

23 shall be available to carry out technology transfer ac24 tivities.
425

S 1173 OPS

1 ‘‘(i) LIMITATION ON AVAILABILITY OF FUNDS.—Funds

2 authorized under this section shall remain available for ob3 ligation for a period of 2 years after the last day of the

4 fiscal year for which the funds are authorized.’’.

5 (b) CONFORMING AMENDMENTS.—

6 (1) Sections 5316 and 5317 of title 49, United

7 States Code, are repealed.

8 (2) The analysis for chapter 53 of title 49,

9 United States Code, is amended by striking the items

10 relating to sections 5316 and 5317.

11 SEC. 2004. BUREAU OF TRANSPORTATION STATISTICS.

12 (a) IN GENERAL.—Section 111 of title 49, United

13 States Code, is amended—

14 (1) in subsection (b)(4), by striking the second

15 sentence;

16 (2) in subsection (c)—

17 (A) in paragraph (1)—

18 (i) in subparagraph (J), by striking

19 ‘‘and’’ at the end;

20 (ii) in subparagraph (K), by striking

21 the period at the end and inserting ‘‘; and’’;

22 and

23 (iii) by adding at the end the follow24 ing:
426

S 1173 OPS

1 ‘‘(L) transportation-related variables that

2 influence global competitiveness.’’;

3 (B) in paragraph (2)—

4 (i) in the first sentence, by striking

5 ‘‘national transportation system’’ and in6 serting ‘‘transportation systems of the

7 United States’’;

8 (ii) by striking subparagraph (A) and

9 inserting the following:

10 ‘‘(A) be coordinated with efforts to measure

11 outputs and outcomes of the Department of

12 Transportation and the transportation systems

13 of the United States under the Government Per14 formance and Results Act of 1993 (Public Law

15 103–62) and the amendments made by that

16 Act;’’; and

17 (iii) in subparagraph (C), by inserting

18 ‘‘, made relevant to the States and metro19 politan planning organizations,’’ after ‘‘ac20 curacy’’;

21 (C) in paragraph (3), by adding at the end

22 the following: ‘‘The Bureau shall review and re23 port to the Secretary of Transportation on the

24 sources and reliability of the statistics proposed

25 by the heads of the operating administrations of
427

S 1173 OPS

1 the Department to measure outputs and out2 comes as required by the Government Perform3 ance and Results Act of 1993 (Public Law 103–

4 62), and the amendments made by that Act, and

5 shall carry out such other reviews of the sources

6 and reliability of other data collected by the

7 heads of the operating administrations of the De8 partment as shall be requested by the Sec9 retary.’’; and

10 (D) by adding at the end the following:

11 ‘‘(7) SUPPORTING TRANSPORTATION DECISION12 MAKING.—Ensuring that the statistics compiled under

13 paragraph (1) are relevant for transportation deci14 sionmaking by the Federal Government, State and

15 local governments, transportation-related associations,

16 private businesses, and consumers.’’;

17 (3) by redesignating subsections (d), (e), and (f)

18 as subsections (h), (i), and (j), respectively;

19 (4) by striking subsection (g);

20 (5) by inserting after subsection (c) the follow21 ing:

22 ‘‘(d) TRANSPORTATION DATA BASE.—

23 ‘‘(1) IN GENERAL.—In consultation with the As24 sociate Deputy Secretary, the Assistant Secretaries,

25 and the heads of the operating administrations of the
428

S 1173 OPS

1 Department of Transportation, the Director shall es2 tablish and maintain a transportation data base for

3 all modes of transportation.

4 ‘‘(2) USE.—The data base shall be suitable for

5 analyses carried out by the Federal Government, the

6 States, and metropolitan planning organizations.

7 ‘‘(3) CONTENTS.—The data base shall include—

8 ‘‘(A) information on the volumes and pat9 terns of movement of goods, including local,

10 interregional, and international movement, by

11 all modes of transportation and intermodal com12 binations, and by relevant classification;

13 ‘‘(B) information on the volumes and pat14 terns of movement of people, including local,

15 interregional, and international movements, by

16 all modes of transportation (including bicycle

17 and pedestrian modes) and intermodal combina18 tions, and by relevant classification;

19 ‘‘(C) information on the location and

20 connectivity of transportation facilities and serv21 ices; and

22 ‘‘(D) a national accounting of expenditures

23 and capital stocks on each mode of transpor24 tation and intermodal combination.

25 ‘‘(e) NATIONAL TRANSPORTATION LIBRARY.—
429

S 1173 OPS

1 ‘‘(1) IN GENERAL.—The Director shall establish

2 and maintain a National Transportation Library,

3 which shall contain a collection of statistical and

4 other information needed for transportation decision5 making at the Federal, State, and local levels.

6 ‘‘(2) ACCESS.—The Bureau shall facilitate and

7 promote access to the Library, with the goal of im8 proving the ability of the transportation community

9 to share information and the ability of the Bureau to

10 make statistics readily accessible under subsection

11 (c)(5).

12 ‘‘(3) COORDINATION.—The Bureau shall work

13 with other transportation libraries and other trans14 portation information providers, both public and pri15 vate, to achieve the goal specified in paragraph (2).

16 ‘‘(f) NATIONAL TRANSPORTATION ATLAS DATA

17 BASE.—

18 ‘‘(1) IN GENERAL.—The Director shall develop

19 and maintain geospatial data bases that depict—

20 ‘‘(A) transportation networks;

21 ‘‘(B) flows of people, goods, vehicles, and

22 craft over the networks; and

23 ‘‘(C) social, economic, and environmental

24 conditions that affect or are affected by the net25 works.
430

S 1173 OPS

1 ‘‘(2) INTERMODAL NETWORK ANALYSIS.—The

2 data bases shall be able to support intermodal net3 work analysis.

4 ‘‘(g) RESEARCH AND DEVELOPMENT GRANTS.—The

5 Secretary may make grants to, or enter into cooperative

6 agreements or contracts with, public and nonprofit private

7 entities (including State departments of transportation,

8 metropolitan planning organizations, and institutions of

9 higher education) for—

10 ‘‘(1) investigation of the subjects specified in sub11 section (c)(1) and research and development of new

12 methods of data collection, management, integration,

13 dissemination, interpretation, and analysis;

14 ‘‘(2) development of electronic clearinghouses of

15 transportation data and related information, as part

16 of the National Transportation Library under sub17 section (e); and

18 ‘‘(3) development and improvement of methods

19 for sharing geographic data, in support of the na20 tional transportation atlas data base under subsection

21 (f) and the National Spatial Data Infrastructure de22 veloped under Executive Order No. 12906.’’;

23 (6) by striking subsection (i) (as redesignated by

24 paragraph (3)) and inserting the following:

25 ‘‘(i) PROHIBITION ON CERTAIN DISCLOSURES.—
431

S 1173 OPS

1 ‘‘(1) IN GENERAL.—An officer or employee of the

2 Bureau may not—

3 ‘‘(A) make any disclosure in which the data

4 provided by an individual or organization under

5 subsection (c)(2) can be identified;

6 ‘‘(B) use the information provided under

7 subsection (c)(2) for a nonstatistical purpose; or

8 ‘‘(C) permit anyone other than an individ9 ual authorized by the Director to examine any

10 individual report provided under subsection

11 (c)(2).

12 ‘‘(2) PROHIBITION ON REQUESTS FOR CERTAIN

13 DATA.—

14 ‘‘(A) GOVERNMENT AGENCIES.—No depart15 ment, bureau, agency, officer, or employee of the

16 United States (except the Director in carrying

17 out this section) may require, for any reason, a

18 copy of any report that has been filed under sub19 section (c)(2) with the Bureau or retained by an

20 individual respondent.

21 ‘‘(B) COURTS.—Any copy of a report de22 scribed in subparagraph (A) that has been re23 tained by an individual respondent or filed with

24 the Bureau or any of its employees, contractors,

25 or agents—
432

S 1173 OPS

1 ‘‘(i) shall be immune from legal proc2 ess; and

3 ‘‘(ii) shall not, without the consent of

4 the individual concerned, be admitted as

5 evidence or used for any purpose in any ac6 tion, suit, or other judicial or administra7 tive proceeding.

8 ‘‘(C) APPLICABILITY.—This paragraph shall

9 apply only to information that permits informa10 tion concerning an individual or organization to

11 be reasonably inferred by direct or indirect

12 means.

13 ‘‘(3) DATA COLLECTED FOR NONSTATISTICAL

14 PURPOSES.—In a case in which the Bureau is au15 thorized by statute to collect data or information for

16 a nonstatistical purpose, the Director shall clearly

17 distinguish the collection of the data or information,

18 by rule and on the collection instrument, so as to in19 form a respondent that is requested or required to

20 supply the data or information of the nonstatistical

21 purpose.’’;

22 (7) in subsection (j) (as redesignated by para23 graph (3)), by striking ‘‘On or before January 1,

24 1994, and annually thereafter, the’’ and inserting

25 ‘‘The’’; and
433

S 1173 OPS

1 (8) by adding at the end the following:

2 ‘‘(k) STUDY.—

3 ‘‘(1) IN GENERAL.—The Director shall carry out

4 a study—

5 ‘‘(A) to measure the ton-miles and value6 miles of international trade traffic carried by

7 highway for each State;

8 ‘‘(B) to evaluate the accuracy and reliabil9 ity of such measures for use in the formula for

10 highway apportionments;

11 ‘‘(C) to evaluate the accuracy and reliabil12 ity of the use of diesel fuel data as a measure of

13 international trade traffic by State; and

14 ‘‘(D) to identify needed improvements in

15 long-term data collection programs to provide

16 accurate and reliable measures of international

17 traffic for use in the formula for highway appor18 tionments.

19 ‘‘(2) BASIS FOR EVALUATIONS.—The study shall

20 evaluate the accuracy and reliability of measures for

21 use as formula factors based on statistical quality

22 standards developed by the Bureau in consultation

23 with the Committee on National Statistics of the Na24 tional Academy of Sciences.
434

S 1173 OPS

1 ‘‘(3) REPORT.—Not later than 3 years after the

2 date of enactment of this subsection, the Director shall

3 submit to the Committee on Environment and Public

4 Works of the Senate and the Committee on Transpor5 tation and Infrastructure of the House of Representa6 tives a report on the results of the study carried out

7 under paragraph (1), including recommendations for

8 changes in law necessary to implement the identified

9 needs for improvements in long-term data collection

10 programs.

11 ‘‘(l) PROCEEDS OF DATA PRODUCT SALES.—Notwith12 standing section 3302 of title 31, United States Code, funds

13 received by the Bureau from the sale of data products, for

14 necessary expenses incurred, may be credited to the High15 way Trust Fund (other than the Mass Transit Account) for

16 the purpose of reimbursing the Bureau for the expenses.

17 ‘‘(m) AUTHORIZATION OF CONTRACT AUTHORITY.—

18 ‘‘(1) IN GENERAL.—There shall be available from

19 the Highway Trust Fund (other than the Mass Tran20 sit Account) to carry out this section $26,000,000 for

21 fiscal year 1998, $27,000,000 for fiscal year 1999,

22 $28,000,000 for fiscal year 2000, $29,000,000 for fis23 cal year 2001, $30,000,000 for fiscal year 2002, and

24 $31,000,000 for fiscal year 2003, except that not more
435

S 1173 OPS

1 than $500,000 for each fiscal year may be made

2 available to carry out subsection (g).

3 ‘‘(2) AVAILABILITY.—Funds authorized under

4 this subsection shall remain available for a period of

5 3 years after the last day of the fiscal year for which

6 the funds are authorized.

7 ‘‘(3) CONTRACT AUTHORITY.—Funds authorized

8 under this subsection shall be available for obligation

9 in the same manner as if the funds were apportioned

10 under chapter 1 of title 23.’’.

11 (b) CONFORMING AMENDMENTS.—Section 5503 of title

12 49, United States Code, is amended—

13 (1) by striking subsection (d); and

14 (2) by redesignating subsections (e), (f), and (g)

15 as subsections (d), (e), and (f), respectively.

16 SEC. 2005. RESEARCH AND TECHNOLOGY PROGRAM.

17 Title 23, United States Code, is amended—

18 (1) in the table of chapters, by adding at the end

19 the following:

‘‘5. Research and Technology ............................................................. 501’’;

20 and

21 (2) by adding at the end the following:

22 ‘‘CHAPTER 5—RESEARCH AND

23 TECHNOLOGY

‘‘SUBCHAPTER I—RESEARCH AND TRAINING

‘‘Sec.
436

S 1173 OPS

‘‘501. Definitions.

‘‘502. Research and technology program.

‘‘503. Advanced research program.

‘‘504. Long-term pavement performance program.

‘‘505. State planning and research program.

‘‘506. Education and training.

‘‘507. International highway transportation outreach program.

‘‘508. National technology deployment initiatives and partnerships program.

‘‘509. Infrastructure investment needs report.

‘‘510. Innovative bridge research and construction program.

‘‘511. Study of future strategic highway research program.

‘‘512. Transportation and environment cooperative research program.

‘‘513. Recycled materials resource center.

‘‘SUBCHAPTER II—INTELLIGENT TRANSPORTATION SYSTEMS

‘‘521. Purposes.

‘‘522. Definitions.

‘‘523. Cooperation, consultation, and analysis.

‘‘524. Research, development, and training.

‘‘525. Intelligent transportation system integration program.

‘‘526. Integration program for rural areas.

‘‘527. Commercial vehicle intelligent transportation system infrastructure.

‘‘528. Corridor development and coordination.

‘‘529. Standards.

‘‘530. Funding limitations.

‘‘531. Use of innovative financing.

‘‘532. Advisory committees.

‘‘SUBCHAPTER III—FUNDING

‘‘541. Funding.

1 ‘‘SUBCHAPTER I—RESEARCH AND TRAINING

2 ‘‘§ 501. Definitions

3 ‘‘In this chapter:

4 ‘‘(1) SAFETY.—The term ‘safety’ includes high5 way and traffic safety systems, research, and develop6 ment relating to vehicle, highway, driver, passenger,

7 bicyclist, and pedestrian characteristics, accident in8 vestigations, communications, emergency medical

9 care, and transportation of the injured.

10 ‘‘(2) FEDERAL LABORATORY.—The term ‘Federal

11 laboratory’ includes a Government-owned, Govern-
437

S 1173 OPS

1 ment-operated laboratory and a Government-owned,

2 contractor-operated laboratory.

3 ‘‘§ 502. Research and technology program

4 ‘‘(a) GENERAL AUTHORITY AND COLLABORATIVE

5 AGREEMENTS.—

6 ‘‘(1) AUTHORITY OF THE SECRETARY.—

7 ‘‘(A) IN GENERAL.—The Secretary—

8 ‘‘(i) shall carry out research, develop9 ment, and technology transfer activities

10 with respect to—

11 ‘‘(I) motor carrier transportation;

12 ‘‘(II) all phases of transportation

13 planning and development (including

14 construction, operation, modernization,

15 development, design, maintenance,

16 safety, financing, and traffic condi17 tions); and

18 ‘‘(III) the effect of State laws on

19 the activities described in subclauses

20 (I) and (II); and

21 ‘‘(ii) may test, develop, or assist in

22 testing and developing any material, inven23 tion, patented article, or process.
438

S 1173 OPS

1 ‘‘(B) COOPERATION, GRANTS, AND CON2 TRACTS.—The Secretary may carry out this sec3 tion—

4 ‘‘(i) independently;

5 ‘‘(ii) in cooperation with other Federal

6 departments, agencies, and instrumental7 ities and multipurpose Federal laboratories;

8 or

9 ‘‘(iii) by making grants to, or entering

10 into contracts, cooperative agreements, and

11 other transactions with, the National Acad12 emy of Sciences, the American Association

13 of State Highway and Transportation Offi14 cials, any Federal laboratory, any State

15 agency, authority, association, institution,

16 for-profit or nonprofit corporation, organi17 zation, foreign country, or person.

18 ‘‘(C) TECHNICAL INNOVATION.—The Sec19 retary shall develop and carry out programs to

20 facilitate the application of such products of re21 search and technical innovations as will improve

22 the safety, efficiency, and effectiveness of the

23 transportation system.

24 ‘‘(D) FUNDS.—
439

S 1173 OPS

1 ‘‘(i) IN GENERAL.—Except as otherwise

2 specifically provided in other sections of this

3 chapter—

4 ‘‘(I) to carry out this section, the

5 Secretary shall use—

6 ‘‘(aa) funds made available

7 under section 541 for research,

8 technology, and training; and

9 ‘‘(bb) such funds as may be

10 deposited by any cooperating or11 ganization or person in a special

12 account of the Treasury estab13 lished for this purpose; and

14 ‘‘(II) the funds described in item

15 (aa) shall remain available for obliga16 tion for a period of 3 years after the

17 last day of the fiscal year for which the

18 funds are authorized.

19 ‘‘(ii) USE OF FUNDS.—The Secretary

20 shall use funds described in clause (i) to de21 velop, administer, communicate, and pro22 mote the use of products of research, devel23 opment, and technology transfer programs

24 under this section.
440

S 1173 OPS

1 ‘‘(2) COLLABORATIVE RESEARCH AND DEVELOP2 MENT.—

3 ‘‘(A) IN GENERAL.—To encourage innova4 tive solutions to surface transportation problems

5 and stimulate the deployment of new technology,

6 the Secretary may carry out, on a cost-shared

7 basis, collaborative research and development

8 with—

9 ‘‘(i) non-Federal entities, including

10 State and local governments, foreign govern11 ments, colleges and universities, corpora12 tions, institutions, partnerships, sole pro13 prietorships, and trade associations that are

14 incorporated or established under the laws

15 of any State; and

16 ‘‘(ii) multipurpose Federal labora17 tories.

18 ‘‘(B) AGREEMENTS.—In carrying out this

19 paragraph, the Secretary may enter into cooper20 ative research and development agreements (as

21 defined in section 12 of the Stevenson-Wydler

22 Technology Innovation Act of 1980 (15 U.S.C.

23 3710a)).

24 ‘‘(C) FEDERAL SHARE.—
441

S 1173 OPS

1 ‘‘(i) IN GENERAL.—The Federal share

2 of the cost of activities carried out under a

3 cooperative research and development agree4 ment entered into under this paragraph

5 shall not exceed 50 percent, except that if

6 there is substantial public interest or bene7 fit, the Secretary may approve a greater

8 Federal share.

9 ‘‘(ii) NON-FEDERAL SHARE.—All costs

10 directly incurred by the non-Federal part11 ners, including personnel, travel, and hard12 ware development costs, shall be credited to13 ward the non-Federal share of the cost of the

14 activities described in clause (i).

15 ‘‘(D) USE OF TECHNOLOGY.—The research,

16 development, or use of a technology under a co17 operative research and development agreement

18 entered into under this paragraph, including the

19 terms under which the technology may be li20 censed and the resulting royalties may be dis21 tributed, shall be subject to the Stevenson-Wydler

22 Technology Innovation Act of 1980 (15 U.S.C.

23 3701 et seq.).

24 ‘‘(3) WAIVER OF ADVERTISING REQUIRE25 MENTS.—Section 3709 of the Revised Statutes (41
442

S 1173 OPS

1 U.S.C. 5) shall not apply to a contract or agreement

2 entered into under this chapter.

3 ‘‘(b) MANDATORY ELEMENTS OF PROGRAM.—The Sec4 retary shall include in the surface transportation research,

5 development, and technology transfer programs under this

6 section and as specified elsewhere in this title—

7 ‘‘(1) a coordinated long-term program of re8 search for the development, use, and dissemination of

9 performance indicators to measure the performance of

10 the surface transportation systems of the United

11 States, including indicators for productivity, effi12 ciency, energy use, air quality, congestion, safety,

13 maintenance, and other factors that reflect the overall

14 performance of the system; and

15 ‘‘(2) a program to strengthen and expand surface

16 transportation infrastructure research, development,

17 and technology transfer, which shall include, at a

18 minimum—

19 ‘‘(A) methods and materials for improving

20 the durability of surface transportation infra21 structure facilities and extending the life of

22 bridge structures, including new and innovative

23 technologies to reduce corrosion;

24 ‘‘(B) a research and development program

25 directed toward the reduction of costs, and the
443

S 1173 OPS

1 mitigation of impacts, associated with the con2 struction of highways and mass transit systems;

3 ‘‘(C) a surface transportation research pro4 gram to develop nondestructive evaluation equip5 ment for use with existing infrastructure facili6 ties and with next-generation infrastructure fa7 cilities that use advanced materials;

8 ‘‘(D)(i) information technology, including

9 appropriate computer programs to collect and

10 analyze data on the status of infrastructure fa11 cilities described in subparagraph (C) with re12 spect to enhancing management, growth, and ca13 pacity; and

14 ‘‘(ii) dynamic simulation models of surface

15 transportation systems for—

16 ‘‘(I) predicting capacity, safety, and

17 infrastructure durability problems;

18 ‘‘(II) evaluating planned research

19 projects; and

20 ‘‘(III) testing the strengths and weak21 nesses of proposed revisions to surface trans22 portation operation programs;

23 ‘‘(E) new innovative technologies to enhance

24 and facilitate field construction and rehabilita-
444

S 1173 OPS

1 tion techniques for minimizing disruption dur2 ing repair and maintenance of structures;

3 ‘‘(F) initiatives to improve the ability of the

4 United States to respond to emergencies and nat5 ural disasters and to enhance national defense

6 mobility;

7 ‘‘(G) an evaluation of traffic calming meas8 ures that promote community preservation,

9 transportation mode choice, and safety; and

10 ‘‘(H) research on telecommuting, research

11 on the linkages between transportation, informa12 tion technology, and community development,

13 and research on the impacts of technological

14 change and economic restructuring on travel de15 mand.

16 ‘‘(c) REPORT ON GOALS, MILESTONES, AND ACCOM17 PLISHMENTS.—The goals, milestones, and accomplishments

18 relevant to each of the mandatory program elements de19 scribed in subsection (b) shall be specified in the report re20 quired under section 5221(d) of title 49.’’.

21 SEC. 2006. ADVANCED RESEARCH PROGRAM.

22 Subchapter I of chapter 5 of title 23, United States

23 Code (as added by section 2005), is amended by adding at

24 the end the following:
445

S 1173 OPS

1 ‘‘§ 503. Advanced research program

2 ‘‘(a) ESTABLISHMENT.—

3 ‘‘(1) IN GENERAL.—The Secretary shall establish

4 an advanced research program within the Federal

5 Highway Administration to address longer-term,

6 higher-risk research that shows potential benefits for

7 improving the durability, mobility, efficiency, envi8 ronmental impact, productivity, and safety of trans9 portation systems.

10 ‘‘(2) DEVELOPMENT OF PARTNERSHIPS.—In car11 rying out the program, the Secretary shall attempt to

12 develop partnerships with the public and private sec13 tors.

14 ‘‘(b) GRANTS, COOPERATIVE AGREEMENTS, AND CON15 TRACTS.—Under the program, the Secretary may make

16 grants and enter into cooperative agreements and contracts

17 for advanced research.

18 ‘‘(c) AUTHORIZATION OF CONTRACT AUTHORITY.—

19 ‘‘(1) IN GENERAL.—There shall be available from

20 the Highway Trust Fund (other than the Mass Tran21 sit Account) to carry out this section $5,000,000 for

22 fiscal year 1998, $7,000,000 for fiscal year 1999,

23 $9,000,000 for fiscal year 2000, and $10,000,000 for

24 each of fiscal years 2001 through 2003.

25 ‘‘(2) CONTRACT AUTHORITY.—Funds authorized

26 under this section shall be available for obligation in
446

S 1173 OPS

1 the same manner as if the funds were apportioned

2 under chapter 1, except that the Federal share of the

3 cost of any activity funded under this subsection shall

4 be determined by the Secretary.’’.

5 SEC. 2007. LONG-TERM PAVEMENT PERFORMANCE PRO6 GRAM.

7 Subchapter I of chapter 5 of title 23, United States

8 Code (as amended by section 2006), is amended by adding

9 at the end the following:

10 ‘‘§ 504. Long-term pavement performance program

11 ‘‘(a) AUTHORITY.—The Secretary shall complete the

12 long-term pavement performance program tests initiated

13 under the strategic highway research program established

14 under section 307(d) (as in effect on the day before the date

15 of enactment of this section) and continued by the Inter16 modal Surface Transportation Efficiency Act of 1991 (Pub17 lic Law 102–240) through the midpoint of a planned 20-

18 year life of the long-term pavement performance program

19 (referred to in this section as the ‘program’).

20 ‘‘(b) GRANTS, COOPERATIVE AGREEMENTS, AND CON21 TRACTS.—Under the program, the Secretary shall make

22 grants and enter into cooperative agreements and contracts

23 to—
447

S 1173 OPS

1 ‘‘(1) monitor, material-test, and evaluate high2 way test sections in existence as of the date of the

3 grant, agreement, or contract;

4 ‘‘(2) analyze the data obtained in carrying out

5 paragraph (1); and

6 ‘‘(3) prepare products to fulfill program objec7 tives and meet future pavement technology needs.

8 ‘‘(c) AUTHORIZATION OF CONTRACT AUTHORITY.—

9 ‘‘(1) IN GENERAL.—There shall be available from

10 the Highway Trust Fund (other than the Mass Tran11 sit Account) to carry out this section $15,000,000 for

12 each of fiscal years 1998 through 2003.

13 ‘‘(2) CONTRACT AUTHORITY.—Funds authorized

14 under this subsection shall be available for obligation

15 in the same manner as if the funds were apportioned

16 under chapter 1, except that—

17 ‘‘(A) the Federal share of the cost of any ac18 tivity funded under this section shall be deter19 mined by the Secretary; and

20 ‘‘(B) the funds shall remain available for

21 obligation for a period of 3 years after the last

22 day of the fiscal year for which the funds are au23 thorized.’’.
448

S 1173 OPS

1 SEC. 2008. STATE PLANNING AND RESEARCH PROGRAM.

2 Subchapter I of chapter 5 of title 23, United States

3 Code (as amended by section 2007), is amended by adding

4 at the end the following:

5 ‘‘§ 505. State planning and research program

6 ‘‘(a) IN GENERAL.—

7 ‘‘(1) AVAILABILITY OF FUNDS.—Two percent of

8 the sums apportioned for fiscal year 1998 and each

9 fiscal year thereafter to any State under section 104

10 (except section 104(f)) and any transfers or additions

11 to the surface transportation program under section

12 133 shall be available for expenditure by the State

13 transportation department, in consultation with the

14 Secretary, in accordance with this section.

15 ‘‘(2) USE OF FUNDS.—The sums referred to in

16 paragraph (1) shall be available only for—

17 ‘‘(A) intermodal metropolitan, statewide,

18 and nonmetropolitan planning under sections

19 134 and 135;

20 ‘‘(B) development and implementation of

21 management systems referred to in section 303;

22 ‘‘(C) studies, research, development, and

23 technology transfer activities necessary for the

24 planning, design, construction, management, op25 eration, maintenance, regulation, and taxation

26 of the use of surface transportation systems, in-
449

S 1173 OPS

1 cluding training and accreditation of inspection

2 and testing on engineering standards and con3 struction materials for the systems; and

4 ‘‘(D) studies of the economy, safety, and

5 convenience of surface transportation usage and

6 the desirable regulation and equitable taxation of

7 surface transportation usage.

8 ‘‘(b) MINIMUM EXPENDITURES ON STUDIES, RE9 SEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER AC10 TIVITIES.—

11 ‘‘(1) IN GENERAL.—For each fiscal year, not less

12 than 25 percent of the funds of a State that are sub13 ject to subsection (a) shall be expended by the State

14 transportation department for studies, research, devel15 opment, and technology transfer activities described

16 in subparagraphs (C) and (D) of subsection (a)(2)

17 unless the State certifies to the Secretary for the fiscal

18 year that the total expenditures by the State transpor19 tation department for transportation planning under

20 sections 134 and 135 will exceed 75 percent of the

21 amount of the funds and the Secretary accepts the

22 certification.

23 ‘‘(2) EXEMPTION FROM SMALL BUSINESS AS24 SESSMENT.—Funds expended under paragraph (1)

25 shall not be considered to be part of the extramural
450

S 1173 OPS

1 budget of the agency for the purpose of section 9 of

2 the Small Business Act (15 U.S.C. 638).

3 ‘‘(c) FEDERAL SHARE.—The Federal share of the cost

4 of a project financed with funds referred to in subsection

5 (a) shall be 80 percent unless the Secretary determines that

6 the interests of the Federal-aid highway program would be

7 best served by decreasing or eliminating the non-Federal

8 share.

9 ‘‘(d) ADMINISTRATION OF FUNDS.—Funds referred to

10 in subsection (a) shall be combined and administered by

11 the Secretary as a single fund, which shall be available for

12 obligation for the same period as funds apportioned under

13 section 104(b)(1).’’.

14 SEC. 2009. EDUCATION AND TRAINING.

15 Subchapter I of chapter 5 of title 23, United States

16 Code (as amended by section 2008), is amended by adding

17 at the end the following:

18 ‘‘§ 506. Education and training

19 ‘‘(a) LOCAL TECHNICAL ASSISTANCE PROGRAM.—

20 ‘‘(1) AUTHORITY.—The Secretary shall carry out

21 a transportation assistance program that will provide

22 access to modern highway technology to—

23 ‘‘(A) highway and transportation agencies

24 in urbanized areas with populations of between

25 50,000 and 1,000,000 individuals;
451

S 1173 OPS

1 ‘‘(B) highway and transportation agencies

2 in rural areas; and

3 ‘‘(C) contractors that do work for the agen4 cies.

5 ‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND

6 CONTRACTS.—The Secretary may make grants and

7 enter into cooperative agreements and contracts to

8 provide education and training, technical assistance,

9 and related support services that will—

10 ‘‘(A) assist rural, local transportation agen11 cies and tribal governments, and the consultants

12 and construction personnel working for the agen13 cies and governments, to—

14 ‘‘(i) develop and expand their expertise

15 in road and transportation areas (including

16 pavement, bridge, safety management sys17 tems, and traffic safety countermeasures);

18 ‘‘(ii) improve roads and bridges;

19 ‘‘(iii) enhance—

20 ‘‘(I) programs for the movement of

21 passengers and freight; and

22 ‘‘(II) intergovernmental transpor23 tation planning and project selection;

24 and
452

S 1173 OPS

1 ‘‘(iv) deal effectively with special

2 transportation-related problems by prepar3 ing and providing training packages,

4 manuals, guidelines, and technical resource

5 materials;

6 ‘‘(B) identify, package, and deliver trans7 portation technology and traffic safety informa8 tion to local jurisdictions to assist urban trans9 portation agencies in developing and expanding

10 their ability to deal effectively with transpor11 tation-related problems;

12 ‘‘(C) operate, in cooperation with State

13 transportation departments and universities—

14 ‘‘(i) local technical assistance program

15 centers to provide transportation technology

16 transfer services to rural areas and to ur17 banized areas with populations of between

18 50,000 and 1,000,000 individuals; and

19 ‘‘(ii) local technical assistance program

20 centers designated to provide transportation

21 technical assistance to Indian tribal govern22 ments; and

23 ‘‘(D) allow local transportation agencies

24 and tribal governments, in cooperation with the
453

S 1173 OPS

1 private sector, to enhance new technology imple2 mentation.

3 ‘‘(3) AUTHORIZATION OF CONTRACT AUTHOR4 ITY.—

5 ‘‘(A) IN GENERAL.—There shall be available

6 from the Highway Trust Fund (other than the

7 Mass Transit Account) $7,000,000 for fiscal year

8 1998, $7,000,000 for fiscal year 1999, $7,000,000

9 for fiscal year 2000, $8,000,000 for fiscal year

10 2001, $8,000,000 for fiscal year 2002, and

11 $8,000,000 for fiscal year 2003 to be used to de12 velop and administer the program established

13 under this section and to provide technical and

14 financial support for the centers operated under

15 paragraph (2)(C).

16 ‘‘(B) CONTRACT AUTHORITY.—Funds au17 thorized under this paragraph shall be available

18 for obligation in the same manner as if the funds

19 were apportioned under chapter 1, except that—

20 ‘‘(i) the Federal share of the cost of any

21 activity under this subsection shall be deter22 mined by the Secretary; and

23 ‘‘(ii) the funds shall remain available

24 for obligation for a period of 3 years after
454

S 1173 OPS

1 the last day of the fiscal year for which the

2 funds are authorized.

3 ‘‘(b) NATIONAL HIGHWAY INSTITUTE.—

4 ‘‘(1) ESTABLISHMENT; DUTIES; PROGRAMS.—

5 ‘‘(A) ESTABLISHMENT.—The Secretary shall

6 establish and operate in the Federal Highway

7 Administration a National Highway Institute

8 (referred to in this subsection as the ‘Institute’).

9 ‘‘(B) DUTIES.—

10 ‘‘(i) INSTITUTE.—In cooperation with

11 State transportation departments, United

12 States industry, and any national or inter13 national entity, the Institute shall develop

14 and administer education and training pro15 grams of instruction for—

16 ‘‘(I) Federal Highway Adminis17 tration, State, and local transportation

18 agency employees;

19 ‘‘(II) regional, State, and metro20 politan planning organizations;

21 ‘‘(III) State and local police, pub22 lic safety, and motor vehicle employees;

23 and

24 ‘‘(IV) United States citizens and

25 foreign nationals engaged or to be en-
455

S 1173 OPS

1 gaged in surface transportation work

2 of interest to the United States.

3 ‘‘(ii) SECRETARY.—The Secretary shall

4 administer, through the Institute, the au5 thority vested in the Secretary by this title

6 or by any other law for the development

7 and conduct of education and training pro8 grams relating to highways.

9 ‘‘(C) TYPES OF PROGRAMS.—Programs that

10 the Institute may develop and administer may

11 include courses in modern developments, tech12 niques, methods, regulations, management, and

13 procedures relating to—

14 ‘‘(i) surface transportation;

15 ‘‘(ii) environmental factors;

16 ‘‘(iii) acquisition of rights-of-way;

17 ‘‘(iv) relocation assistance;

18 ‘‘(v) engineering;

19 ‘‘(vi) safety;

20 ‘‘(vii) construction;

21 ‘‘(viii) maintenance;

22 ‘‘(ix) operations;

23 ‘‘(x) contract administration;

24 ‘‘(xi) motor carrier activities;

25 ‘‘(xii) inspection; and
456

S 1173 OPS

1 ‘‘(xiii) highway finance.

2 ‘‘(2) SET-ASIDE; FEDERAL SHARE.—Not to exceed 1 3 ⁄4 of 1 percent of the funds apportioned to a

4 State under section 104(b)(3) for the surface transpor5 tation program shall be available for expenditure by

6 the State transportation department for the payment

7 of not to exceed 80 percent of the cost of tuition and

8 direct educational expenses (excluding travel, subsist9 ence, or salaries) in connection with the education

10 and training of employees of State and local trans11 portation agencies in accordance with this subsection.

12 ‘‘(3) FEDERAL RESPONSIBILITY.—

13 ‘‘(A) IN GENERAL.—Except as provided in

14 subparagraph (B), education and training of

15 employees of Federal, State, and local transpor16 tation (including highway) agencies authorized

17 under this subsection may be provided—

18 ‘‘(i) by the Secretary at no cost to the

19 States and local governments if the Sec20 retary determines that provision at no cost

21 is in the public interest; or

22 ‘‘(ii) by the State through grants, coop23 erative agreements, and contracts with pub24 lic and private agencies, institutions, indi25 viduals, and the Institute.
457

S 1173 OPS

1 ‘‘(B) PAYMENT OF FULL COST BY PRIVATE

2 PERSONS.—Private agencies, international or

3 foreign entities, and individuals shall pay the

4 full cost of any education and training received

5 by them unless the Secretary determines that a

6 lower cost is of critical importance to the public

7 interest.

8 ‘‘(4) TRAINING FELLOWSHIPS; COOPERATION.—

9 The Institute may—

10 ‘‘(A) engage in training activities author11 ized under this subsection, including the grant12 ing of training fellowships; and

13 ‘‘(B) carry out its authority independently

14 or in cooperation with any other branch of the

15 Federal Government or any State agency, au16 thority, association, institution, for-profit or

17 nonprofit corporation, other national or inter18 national entity, or other person.

19 ‘‘(5) COLLECTION OF FEES.—

20 ‘‘(A) GENERAL RULE.—In accordance with

21 this subsection, the Institute may assess and col22 lect fees solely to defray the costs of the Institute

23 in developing or administering education and

24 training programs under this subsection.
458

S 1173 OPS

1 ‘‘(B) LIMITATION.—Fees may be assessed

2 and collected under this subsection only in a

3 manner that may reasonably be expected to re4 sult in the collection of fees during any fiscal

5 year in an aggregate amount that does not ex6 ceed the aggregate amount of the costs referred to

7 in subparagraph (A) for the fiscal year.

8 ‘‘(C) PERSONS SUBJECT TO FEES.—Fees

9 may be assessed and collected under this sub10 section only with respect to—

11 ‘‘(i) persons and entities for whom edu12 cation or training programs are developed

13 or administered under this subsection; and

14 ‘‘(ii) persons and entities to whom edu15 cation or training is provided under this

16 subsection.

17 ‘‘(D) AMOUNT OF FEES.—The fees assessed

18 and collected under this subsection shall be estab19 lished in a manner that ensures that the liability

20 of any person or entity for a fee is reasonably

21 based on the proportion of the costs referred to

22 in subparagraph (A) that relate to the person or

23 entity.

24 ‘‘(E) USE.—All fees collected under this

25 subsection shall be used to defray costs associated
459

S 1173 OPS

1 with the development or administration of edu2 cation and training programs authorized under

3 this subsection.

4 ‘‘(6) FUNDING.—

5 ‘‘(A) AUTHORIZATION OF CONTRACT AU6 THORITY.—There shall be available from the

7 Highway Trust Fund (other than the Mass

8 Transit Account) to carry out this subsection

9 $5,000,000 for fiscal year 1998, $5,000,000 for

10 fiscal year 1999, $5,000,000 for fiscal year 2000,

11 $6,000,000 for fiscal year 2001, $6,000,000 for

12 fiscal year 2002, and $6,000,000 for fiscal year

13 2003.

14 ‘‘(B) RELATION TO FEES.—The funds pro15 vided under this paragraph may be combined

16 with or held separate from the fees collected

17 under paragraph (5).

18 ‘‘(C) CONTRACT AUTHORITY.—Funds au19 thorized under this paragraph shall be available

20 for obligation in the same manner as if the funds

21 were apportioned under chapter 1, except that—

22 ‘‘(i) the Federal share of the cost of any

23 activity under this subsection shall be deter24 mined by the Secretary; and
460

S 1173 OPS

1 ‘‘(ii) the funds shall remain available

2 for obligation for a period of 1 year after

3 the last day of the fiscal year for which the

4 funds are authorized.

5 ‘‘(7) CONTRACTS.—Section 3709 of the Revised

6 Statutes (41 U.S.C. 5) shall not apply to a contract

7 or agreement entered into under this subsection.

8 ‘‘(c) DWIGHT DAVID EISENHOWER TRANSPORTATION

9 FELLOWSHIP PROGRAM.—

10 ‘‘(1) GENERAL AUTHORITY.—The Secretary, act11 ing independently or in cooperation with other Fed12 eral departments, agencies, and instrumentalities,

13 may make grants for fellowships for any purpose for

14 which research, technology, or capacity building is

15 authorized under this chapter.

16 ‘‘(2) DWIGHT DAVID EISENHOWER TRANSPOR17 TATION FELLOWSHIP PROGRAM.—

18 ‘‘(A) IN GENERAL.—The Secretary shall

19 carry out a transportation fellowship program,

20 to be known as the ‘Dwight David Eisenhower

21 Transportation Fellowship Program’, for the

22 purpose of attracting qualified students to the

23 field of transportation.
461

S 1173 OPS

1 ‘‘(B) TYPES OF FELLOWSHIPS.—The pro2 gram shall offer fellowships at the junior through

3 postdoctoral levels of college education.

4 ‘‘(C) CITIZENSHIP.—Each recipient of a fel5 lowship under the program shall be a United

6 States citizen.

7 ‘‘(3) AUTHORIZATION OF CONTRACT AUTHOR8 ITY.—

9 ‘‘(A) IN GENERAL.—There shall be available

10 from the Highway Trust Fund (other than the

11 Mass Transit Account) to carry out this sub12 section $2,000,000 for each of fiscal years 1998

13 through 2003.

14 ‘‘(B) CONTRACT AUTHORITY.—Funds au15 thorized under this paragraph shall be available

16 for obligation in the same manner as if the funds

17 were apportioned under chapter 1, except that—

18 ‘‘(i) the Federal share of the cost of any

19 activity funded under this subsection shall

20 be determined by the Secretary; and

21 ‘‘(ii) the funds shall remain available

22 for obligation for a period of 1 year after

23 the last day of the fiscal year for which the

24 funds are authorized.
462

S 1173 OPS

1 ‘‘(d) HIGHWAY CONSTRUCTION TRAINING PRO2 GRAMS.—

3 ‘‘(1) USE OF FUNDS BY THE SECRETARY.—

4 ‘‘(A) IN GENERAL.—The Secretary, in co5 operation with any other department or agency

6 of the Federal Government, State agency, author7 ity, association, institution, Indian tribal gov8 ernment, for-profit or nonprofit corporation, or

9 other organization or person, may—

10 ‘‘(i) develop, conduct, and administer

11 highway construction and technology train12 ing, including skill improvement, programs;

13 and

14 ‘‘(ii) develop and fund Summer Trans15 portation Institutes.

16 ‘‘(B) WAIVER OF ADVERTISING REQUIRE17 MENTS.—Section 3709 of the Revised Statutes

18 (41 U.S.C. 5) shall not apply to a contract or

19 agreement entered into by the Secretary under

20 this subsection.

21 ‘‘(C) FUNDING.—

22 ‘‘(i) IN GENERAL.—Before making ap23 portionments under section 104(b) for a fis24 cal year, the Secretary shall deduct such

25 sums as the Secretary determines are nec-
463

S 1173 OPS

1 essary, but not to exceed $10,000,000 for

2 each fiscal year, to carry out this sub3 section.

4 ‘‘(ii) AVAILABILITY.—Sums deducted

5 under clause (i) shall remain available

6 until expended.

7 ‘‘(2) USE OF FUNDS APPORTIONED TO STATES.—

8 Notwithstanding any other provision of law, upon re9 quest of a State transportation department to the Secretary, not to exceed 1 10 ⁄2 of 1 percent of the funds ap11 portioned to the State for a fiscal year under para12 graphs (1) and (3) of section 104(b) may be made

13 available to carry out this subsection.

14 ‘‘(3) RESERVATION OF TRAINING POSITIONS FOR

15 INDIVIDUALS RECEIVING WELFARE ASSISTANCE.—In

16 carrying out this subsection, the Secretary and States

17 may reserve training positions for individuals who

18 receive welfare assistance from a State.’’.

19 SEC. 2010. INTERNATIONAL HIGHWAY TRANSPORTATION

20 OUTREACH PROGRAM.

21 (a) IN GENERAL.—Title 23, United States Code, is

22 amended—

23 (1) by redesignating section 325 as section 507;
464

S 1173 OPS

1 (2) by moving that section to appear at the end

2 of subchapter I of chapter 5 (as amended by section

3 2009);

4 (3) in subsection (a) of that section, by inserting

5 ‘‘, goods, and services’’ after ‘‘expertise’’; and

6 (4) by striking subsection (c) of that section and

7 inserting the following:

8 ‘‘(c) USE OF FUNDS.—

9 ‘‘(1) FUNDS DEPOSITED IN SPECIAL ACCOUNT.—

10 Funds available to carry out this section shall include

11 funds deposited by any cooperating organization or

12 person in a special account for the program estab13 lished under this section with the Secretary of the

14 Treasury.

15 ‘‘(2) USE OF FUNDS.—The funds deposited in the

16 special account and other funds available to carry out

17 this section shall be available to pay the cost of any

18 activity eligible under this section, including the cost

19 of promotional materials, travel, reception and rep20 resentation expenses, and salaries and benefits of offi21 cers and employees of the Department of Transpor22 tation.

23 ‘‘(3) REIMBURSEMENTS.—Reimbursements for

24 the salaries and benefits of Federal Highway Admin-
465

S 1173 OPS

1 istration employees who provide services under this

2 section shall be credited to the special account.

3 ‘‘(d) ELIGIBLE USE OF STATE PLANNING AND RE4 SEARCH FUNDS.—A State, in coordination with the Sec5 retary, may obligate funds made available to carry out sec6 tion 505 for any activity authorized under subsection (a).’’.

7 (b) CONFORMING AMENDMENT.—The analysis for

8 chapter 3 of title 23, United States Code, is amended by

9 striking the item relating to section 325.

10 SEC. 2011. NATIONAL TECHNOLOGY DEPLOYMENT INITIA11 TIVES AND PARTNERSHIPS PROGRAM.

12 Subchapter I of chapter 5 of title 23, United States

13 Code (as amended by section 2010), is amended by adding

14 at the end the following:

15 ‘‘§ 508. National technology deployment initiatives

16 and partnerships program

17 ‘‘(a) ESTABLISHMENT.—The Secretary shall develop

18 and administer a national technology deployment initia19 tives and partnerships program (referred to in this section

20 as the ‘program’).

21 ‘‘(b) PURPOSE.—The purpose of the program is to sig22 nificantly accelerate the adoption of innovative technologies

23 by the surface transportation community.

24 ‘‘(c) DEPLOYMENT GOALS.—
466

S 1173 OPS

1 ‘‘(1) ESTABLISHMENT.—Not later than 180 days

2 after the date of enactment of this Act, the Secretary

3 shall establish not more than 5 deployment goals to

4 carry out subsection (a).

5 ‘‘(2) DESIGN.—Each of the goals and the pro6 gram developed to achieve the goals shall be designed

7 to provide tangible benefits, with respect to transpor8 tation systems, in the areas of efficiency, safety, reli9 ability, service life, environmental protection, or sus10 tainability.

11 ‘‘(3) STRATEGIES FOR ACHIEVEMENT.—For each

12 goal, the Secretary, in cooperation with representa13 tives of the transportation community such as States,

14 local governments, the private sector, and academia,

15 shall use domestic and international technology to de16 velop strategies and initiatives to achieve the goal, in17 cluding technical assistance in deploying technology

18 and mechanisms for sharing information among pro19 gram participants.

20 ‘‘(d) CONTINUATION OF SHRP PARTNERSHIPS.—

21 Under the program, the Secretary shall continue the part22 nerships established through the strategic highway research

23 program established under section 307(d) (as in effect on

24 the day before the date of enactment of this section).
467

S 1173 OPS

1 ‘‘(e) GRANTS, COOPERATIVE AGREEMENTS, AND CON2 TRACTS.—Under the program, the Secretary may make

3 grants and enter into cooperative agreements and contracts

4 to foster alliances and support efforts to stimulate advances

5 in transportation technology, including—

6 ‘‘(1) the testing and evaluation of products of the

7 strategic highway research program;

8 ‘‘(2) the further development and implementation

9 of technology in areas such as the Superpave system

10 and the use of lithium salts to prevent and mitigate

11 alkali silica reactivity; and

12 ‘‘(3) the provision of support for long-term pave13 ment performance product implementation and tech14 nology access.

15 ‘‘(f) REPORTS.—Not later than 18 months after the

16 date of enactment of this section, and biennially thereafter,

17 the Secretary shall submit to the Committee on Environ18 ment and Public Works of the Senate and the Committee

19 on Transportation and Infrastructure of the House of Rep20 resentatives a report on the progress and results of activities

21 carried out under this section.

22 ‘‘(g) FUNDING.—

23 ‘‘(1) AUTHORIZATION OF CONTRACT AUTHOR24 ITY.—There shall be available from the Highway

25 Trust Fund (other than the Mass Transit Account) to
468

S 1173 OPS

1 carry out this section $50,000,000 for each of fiscal

2 years 1998 through 2003, of which not less than

3 $500,000 shall be made available to carry out the

4 study under section 511.

5 ‘‘(2) CONTRACT AUTHORITY.—Funds authorized

6 under this subsection shall be available for obligation

7 in the same manner as if the funds were apportioned

8 under chapter 1, except that—

9 ‘‘(A) the Federal share of the cost of any ac10 tivity under this section shall be determined by

11 the Secretary; and

12 ‘‘(B) the funds shall remain available for

13 obligation for a period of 3 years after the last

14 day of the fiscal year for which the funds are au15 thorized.

16 ‘‘(3) ALLOCATION.—To the extent appropriate to

17 achieve the goals established under subsection (c), the

18 Secretary may further allocate funds made available

19 under this subsection to States for their use.’’.

20 SEC. 2012. INFRASTRUCTURE INVESTMENT NEEDS REPORT.

21 Subchapter I of chapter 5 of title 23, United States

22 Code (as amended by section 2011), is amended by adding

23 at the end the following:
469

S 1173 OPS

1 ‘‘§ 509. Infrastructure investment needs report

2 ‘‘(a) IN GENERAL.—Not later than January 31, 1999,

3 and January 31 of every second year thereafter, the Sec4 retary shall report to the Committee on Environment and

5 Public Works of the Senate and the Committee on Transpor6 tation and Infrastructure of the House of Representatives

7 on—

8 ‘‘(1) estimates of the future highway and bridge

9 needs of the United States; and

10 ‘‘(2) the backlog of current highway and bridge

11 needs.

12 ‘‘(b) FORMAT.—Each report under subsection (a) shall,

13 at a minimum, include explanatory materials, data, and

14 tables comparable in format to the report submitted in 1995

15 under section 307(h) (as in effect on the day before the date

16 of enactment of this section).’’.

17 SEC. 2013. INNOVATIVE BRIDGE RESEARCH AND CON18 STRUCTION PROGRAM.

19 Subchapter I of chapter 5 of title 23, United States

20 Code (as amended by section 2012), is amended by adding

21 at the end the following:

22 ‘‘§ 510. Innovative bridge research and construction

23 program

24 ‘‘(a) IN GENERAL.—The Secretary shall establish and

25 carry out a program to demonstrate the application of in-
470

S 1173 OPS

1 novative material technology in the construction of bridges

2 and other structures.

3 ‘‘(b) GOALS.—The goals of the program shall include—

4 ‘‘(1) the development of new, cost-effective inno5 vative material highway bridge applications;

6 ‘‘(2) the reduction of maintenance costs and life7 cycle costs of bridges, including the costs of new con8 struction, replacement, or rehabilitation of deficient

9 bridges;

10 ‘‘(3) the development of construction techniques

11 to increase safety and reduce construction time and

12 traffic congestion;

13 ‘‘(4) the development of engineering design cri14 teria for innovative products and materials for use in

15 highway bridges and structures;

16 ‘‘(5) the development of cost-effective and innova17 tive techniques to separate vehicle and pedestrian

18 traffic from railroad traffic;

19 ‘‘(6) the development of highway bridges and

20 structures that will withstand natural disasters, in21 cluding alternative processes for the seismic retrofit of

22 bridges; and

23 ‘‘(7) the development of new nondestructive

24 bridge evaluation technologies and techniques.
471

S 1173 OPS

1 ‘‘(c) GRANTS, COOPERATIVE AGREEMENTS, AND CON2 TRACTS.—

3 ‘‘(1) IN GENERAL.—Under the program, the Sec4 retary shall make grants to, and enter into coopera5 tive agreements and contracts with—

6 ‘‘(A) States, other Federal agencies, univer7 sities and colleges, private sector entities, and

8 nonprofit organizations to pay the Federal share

9 of the cost of research, development, and tech10 nology transfer concerning innovative materials;

11 and

12 ‘‘(B) States to pay the Federal share of the

13 cost of repair, rehabilitation, replacement, and

14 new construction of bridges or structures that

15 demonstrates the application of innovative mate16 rials.

17 ‘‘(2) GRANTS.—

18 ‘‘(A) APPLICATIONS.—

19 ‘‘(i) SUBMISSION.—To receive a grant

20 under this section, an entity described in

21 paragraph (1) shall submit an application

22 to the Secretary.

23 ‘‘(ii) CONTENTS.—The application

24 shall be in such form and contain such in25 formation as the Secretary may require.
472

S 1173 OPS

1 ‘‘(B) APPROVAL CRITERIA.—The Secretary

2 shall select and approve applications for grants

3 under this section based on whether the project

4 that is the subject of the grant meets the goals of

5 the program described in subsection (b).

6 ‘‘(d) TECHNOLOGY AND INFORMATION TRANSFER.—

7 The Secretary shall take such action as is necessary to en8 sure that the information and technology resulting from re9 search conducted under subsection (c) is made available to

10 State and local transportation departments and other inter11 ested parties as specified by the Secretary.

12 ‘‘(e) FEDERAL SHARE.—The Federal share of the cost

13 of a project under this section shall be determined by the

14 Secretary.

15 ‘‘(f) AUTHORIZATION OF CONTRACT AUTHORITY.—

16 ‘‘(1) IN GENERAL.—There shall be available from

17 the Highway Trust Fund (other than the Mass Tran18 sit Account)—

19 ‘‘(A) to carry out subsection (c)(1)(A)

20 $1,000,000 for each of fiscal years 1998 through

21 2003; and

22 ‘‘(B) to carry out subsection (c)(1)(B)—

23 ‘‘(i) $10,000,000 for fiscal year 1998;

24 ‘‘(ii) $15,000,000 for fiscal year 1999;
473

S 1173 OPS

1 ‘‘(iii) $17,000,000 for fiscal year 2000;

2 and

3 ‘‘(iv) $20,000,000 for each of fiscal

4 years 2001 through 2003.

5 ‘‘(2) CONTRACT AUTHORITY.—Funds authorized

6 under this subsection shall be made available for obli7 gation in the same manner as if the funds were ap8 portioned under chapter 1, except that the Federal

9 share of the cost of a project under this section shall

10 be determined in accordance with this section.’’.

11 SEC. 2014. USE OF BUREAU OF INDIAN AFFAIRS ADMINIS12 TRATIVE FUNDS.

13 Section 204(b) of title 23, United States Code, is

14 amended in the last sentence by striking ‘‘326’’ and insert15 ing ‘‘506’’.

16 SEC. 2015. STUDY OF FUTURE STRATEGIC HIGHWAY RE17 SEARCH PROGRAM.

18 Subchapter I of chapter 5 of title 23, United States

19 Code (as amended by section 2013), is amended by adding

20 at the end the following:

21 ‘‘§ 511. Study of future strategic highway research

22 program

23 ‘‘(a) STUDY.—

24 ‘‘(1) IN GENERAL.—Not later than 120 days

25 after the date of enactment of this section, the Sec-
474

S 1173 OPS

1 retary shall make a grant to, or enter into a coopera2 tive agreement or contract with, the Transportation

3 Research Board of the National Academy of Sciences

4 (referred to in this section as the ‘Board’) to conduct

5 a study to determine the goals, purposes, research

6 agenda and projects, administrative structure, and

7 fiscal needs for a new strategic highway research pro8 gram to replace the program established under section

9 307(d) (as in effect on the day before the date of en10 actment of this section), or a similar effort.

11 ‘‘(2) CONSULTATION.—In conducting the study,

12 the Board shall consult with the American Associa13 tion of State Highway and Transportation Officials

14 and such other entities as the Board determines to be

15 necessary to the conduct of the study.

16 ‘‘(b) REPORT.—Not later than 5 years after making

17 a grant or entering into a cooperative agreement or contract

18 under subsection (a), the Board shall submit a final report

19 on the results of the study to the Secretary, the Committee

20 on Environment and Public Works of the Senate, and the

21 Committee on Transportation and Infrastructure of the

22 House of Representatives.’’.
475

S 1173 OPS

1 SEC. 2016. ADVANCED VEHICLE TECHNOLOGIES PROGRAM.

2 (a) IN GENERAL.—Subchapter I of chapter 3 of sub3 title I of title 49, United States Code, is amended by adding

4 at the end the following:

5 ‘‘§ 310. Advanced vehicle technologies program

6 ‘‘(a) PURPOSES.—The Secretary of Transportation, in

7 coordination with other government agencies and private

8 consortia, shall encourage and promote the research, devel9 opment, and deployment of transportation technologies that

10 will use technological advances in multimodal vehicles, ve11 hicle components, environmental technologies, and related

12 infrastructure to remove impediments to an efficient and

13 cost-effective national transportation system.

14 ‘‘(b) DEFINITION OF ELIGIBLE CONSORTIUM.—In this

15 section, the term ‘eligible consortium’ means a consortium

16 that receives funding under the Department of Defense Ap17 propriations Act, 1993 (Public Law 102–396; 106 Stat.

18 1876), and that comprises 2 or more of the following enti19 ties:

20 ‘‘(1) Businesses incorporated in the United

21 States.

22 ‘‘(2) Public or private educational or research

23 organizations located in the United States.

24 ‘‘(3) Entities of State or local governments in the

25 United States.

26 ‘‘(4) Federal laboratories.
476

S 1173 OPS

1 ‘‘(c) PROGRAM.—The Secretary shall enter into con2 tracts, cooperative agreements, and other transactions as

3 authorized by section 2371 of title 10 with, and make grants

4 to, eligible consortia to promote the development and de5 ployment of innovation in transportation technology serv6 ices, management, and operational practices.

7 ‘‘(d) ELIGIBILITY CRITERIA.—To be eligible to receive

8 assistance under this section, an eligible consortium shall—

9 ‘‘(1) for a period of not less than the 3 years pre10 ceding the date of a contract, cooperative agreement,

11 or other transaction, be organized on a statewide or

12 multistate basis for the purpose of designing, develop13 ing, and deploying transportation technologies that

14 address identified technological impediments in the

15 transportation field;

16 ‘‘(2) facilitate the participation in the consor17 tium of small- and medium-sized businesses, utilities,

18 public laboratories and universities, and other rel19 evant entities;

20 ‘‘(3) be actively engaged in transportation tech21 nology projects that address compliance in nonattain22 ment areas under the Clean Air Act (42 U.S.C. 7401

23 et seq.);
477

S 1173 OPS

1 ‘‘(4) be designed to use Federal and State fund2 ing to attract private capital in the form of grants

3 or investments to carry out this section; and

4 ‘‘(5) ensure that at least 50 percent of the fund5 ing for the consortium project will be provided by

6 non-Federal sources.

7 ‘‘(e) PROPOSALS.—The Secretary shall prescribe such

8 terms and conditions as the Secretary determines to be ap9 propriate for the content and structure of proposals submit10 ted for assistance under this section.

11 ‘‘(f) REPORTING REQUIREMENTS.—At least once each

12 year, the Secretary shall submit to the Committee on Trans13 portation and Infrastructure of the House of Representa14 tives and the Committee on Environment and Public Works

15 of the Senate a report on the projects undertaken by the

16 eligible consortia and the progress made in advancing the

17 purposes of this section.

18 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—

19 ‘‘(1) IN GENERAL.—There is authorized to be ap20 propriated to carry out this section $50,000,000 for

21 each of fiscal years 1998 through 2003, to remain

22 available until expended.

23 ‘‘(2) AVAILABILITY.—Notwithstanding section

24 118(a), funds made available under paragraph (1)
478

S 1173 OPS

1 shall not be available in advance of an annual appro2 priation.’’.

3 (b) CONFORMING AMENDMENT.—The analysis for sub4 chapter I of chapter 3 of subtitle I of title 49, United States

5 Code, is amended by adding at the end the following:

‘‘310. Advanced vehicle technologies program.’’.

6 SEC. 2017. TRANSPORTATION AND ENVIRONMENT COOPER7 ATIVE RESEARCH PROGRAM.

8 Subchapter I of chapter 5 of title 23, United States

9 Code (as amended by section 2015), is amended by adding

10 at the end the following:

11 ‘‘§ 512. Transportation and environment cooperative

12 research program

13 ‘‘(a) IN GENERAL.—The Secretary shall establish and

14 carry out a transportation and environment cooperative re15 search program.

16 ‘‘(b) ADVISORY BOARD.—

17 ‘‘(1) ESTABLISHMENT.—In consultation with the

18 Secretary of Energy and the Administrator of the En19 vironmental Protection Agency, the Secretary shall es20 tablish an advisory board to recommend environ21 mental and energy conservation research, technology,

22 and technology transfer activities related to surface

23 transportation.

24 ‘‘(2) MEMBERSHIP.—The advisory board shall

25 include—
479

S 1173 OPS

1 ‘‘(A) representatives of State transportation

2 and environmental agencies;

3 ‘‘(B) transportation and environmental sci4 entists and engineers; and

5 ‘‘(C) representatives of metropolitan plan6 ning organizations, transit operating agencies,

7 and environmental organizations.

8 ‘‘(3) DEVELOPMENT OF RESEARCH PRIOR9 ITIES.—In developing recommendations for priorities

10 for research described in paragraph (1), the advisory

11 board shall consider the research recommendations of

12 the National Research Council report entitled ‘Envi13 ronmental Research Needs in Transportation’.

14 ‘‘(4) APPLICABILITY OF FEDERAL ADVISORY COM15 MITTEE ACT.—The Federal Advisory Committee Act

16 (5 U.S.C. App.) shall not apply to the advisory board.

17 ‘‘(c) NATIONAL ACADEMY OF SCIENCES.—

18 ‘‘(1) IN GENERAL.—The Secretary may make

19 grants to, and enter into cooperative agreements with,

20 the National Academy of Sciences to carry out such

21 activities related to the research, technology, and tech22 nology transfer activities described in subsection

23 (b)(1) as the Secretary determines to be appropriate.

24 ‘‘(2) ECOSYSTEM INTEGRITY STUDY.—
480

S 1173 OPS

1 ‘‘(A) IN GENERAL.—The Secretary shall

2 give priority to conducting a study of, and pre3 paring a report on, the relationship between

4 highway density and ecosystem integrity, includ5 ing an analysis of the habitat-level impacts of

6 highway density on the overall health of eco7 systems.

8 ‘‘(B) PROPOSAL OF RAPID ASSESSMENT

9 METHODOLOGY.—To aid transportation and reg10 ulatory agencies, the report shall propose a rapid

11 assessment methodology for determining the rela12 tionship between highway density and ecosystem

13 integrity.

14 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—

15 ‘‘(1) IN GENERAL.—There is authorized to be ap16 propriated to carry out this section $5,000,000 for

17 each of fiscal years 1998 through 2003.

18 ‘‘(2) AVAILABILITY.—Notwithstanding section

19 118(a), funds made available under paragraph (1)

20 shall not be available in advance of an annual appro21 priation.’’.

22 SEC. 2018. RECYCLED MATERIALS RESOURCE CENTER.

23 Subchapter I of chapter 5 of title 23, United States

24 Code (as amended by section 2017), is amended by adding

25 at the end the following:
481

S 1173 OPS

1 ‘‘§ 513. Recycled materials resource center

2 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish

3 at the University of New Hampshire a research program

4 to be known as the ‘Recycled Materials Resource Center’ (re5 ferred to in this section as the ‘Center’).

6 ‘‘(b) ACTIVITIES.—

7 ‘‘(1) IN GENERAL.—The Center shall—

8 ‘‘(A) systematically test, evaluate, develop

9 appropriate guidelines for, and demonstrate en10 vironmentally acceptable and occupationally safe

11 technologies and techniques for the increased use

12 of traditional and nontraditional recycled and

13 secondary materials in transportation infra14 structure construction and maintenance;

15 ‘‘(B) make information available to State

16 transportation departments, the Federal High17 way Administration, the construction industry,

18 and other interested parties to assist in evaluat19 ing proposals to use traditional and nontradi20 tional recycled and secondary materials in

21 transportation infrastructure construction;

22 ‘‘(C) encourage the increased use of tradi23 tional and nontraditional recycled and second24 ary materials by using sound science to analyze

25 thoroughly all potential long-term considerations
482

S 1173 OPS

1 that affect the physical and environmental per2 formance of the materials; and

3 ‘‘(D) work cooperatively with Federal and

4 State officials to reduce the institutional barriers

5 that limit widespread use of traditional and

6 nontraditional recycled and secondary materials

7 and to ensure that such increased use is consist8 ent with the sustained environmental and phys9 ical integrity of the infrastructure in which the

10 materials are used.

11 ‘‘(2) SITES AND PROJECTS UNDER ACTUAL FIELD

12 CONDITIONS.—In carrying out paragraph (1)(C), the

13 Secretary may authorize the Center to—

14 ‘‘(A) use test sites and demonstration

15 projects under actual field conditions to develop

16 appropriate performance data; and

17 ‘‘(B) develop appropriate tests and guide18 lines to ensure correct use of recycled and second19 ary materials in transportation infrastructure

20 construction.

21 ‘‘(c) REVIEW AND EVALUATION.—

22 ‘‘(1) IN GENERAL.—Not less often than every 2

23 years, the Secretary shall review and evaluate the

24 program carried out by the Center.
483

S 1173 OPS

1 ‘‘(2) NOTIFICATION OF DEFICIENCIES.—In carry2 ing out paragraph (1), if the Secretary determines

3 that the Center is deficient in carrying out subsection

4 (b), the Secretary shall notify the Center of each defi5 ciency and recommend specific measures to address

6 the deficiency.

7 ‘‘(3) DISQUALIFICATION.—If, after the end of the

8 180-day period that begins on the date of notification

9 to the Center under paragraph (2), the Secretary de10 termines that the Center has not corrected each defi11 ciency identified under paragraph (2), the Secretary

12 may, after notifying the Committee on Environment

13 and Public Works of the Senate and the Committee on

14 Transportation and Infrastructure of the House of

15 Representatives of the determination, disqualify the

16 Center from further participation under this section.

17 ‘‘(d) FUNDING.—Of amounts made available under

18 section 541, $2,000,000 shall be made available for each fis19 cal year to carry out this section.’’.

20 SEC. 2019. CONFORMING AMENDMENTS.

21 (a) Sections 307, 321, and 326 of title 23, United

22 States Code, are repealed.

23 (b) The analysis for chapter 3 of title 23, United States

24 Code, is amended by striking the items relating to sections

25 307, 321, and 326.
484

S 1173 OPS

1 (c) Section 115(a)(1)(A)(i) of title 23, United States

2 Code, is amended by striking ‘‘or 307’’ and inserting ‘‘or

3 505’’.

4 (d) Section 151(d) of title 23, United States Code, is

5 amended by striking ‘‘section 307(a),’’ and inserting ‘‘sec6 tion 506,’’.

7 (e) Section 106 of Public Law 89–564 (23 U.S.C. 403

8 note) is amended in the third sentence by striking ‘‘sections

9 307 and 403 of title 23, United States Code,’’ and inserting

10 ‘‘section 403 and chapter 5 of title 23, United States Code,’’.

11 SEC. 2020. REMOTE SENSING AND SPATIAL INFORMATION

12 TECHNOLOGIES.

13 (a) IN GENERAL.—The Secretary shall establish and

14 carry out a program to validate remote sensing and spatial

15 information technologies for application to national trans16 portation infrastructure development and construction.

17 (b) PROGRAM STAGES.—

18 (1) FIRST STAGE.—Not later than 18 months

19 after the date of the enactment of this Act, the Sec20 retary shall establish a national policy for the use of

21 remote sensing and spatial information technologies

22 in national transportation infrastructure development

23 and construction.

24 (2) SECOND STAGE.—After establishment of the

25 national policy under paragraph (1), the Secretary
485

S 1173 OPS

1 shall develop new applications of remote sensing and

2 spatial information technologies for the implementa3 tion of such policy.

4 (c) COOPERATION.—The Secretary shall carry out this

5 section in cooperation with the National Aeronautics and

6 Space Administration and a consortium of university re7 search centers.

8 (d) FUNDING.—There is authorized to be appropriated

9 to carry out this section $10,000,000 for fiscal year 1999

10 and $10,000,000 for each of fiscal years 2000 through 2004.

11 Subtitle B—Intelligent

12 Transportation Systems

13 SEC. 2101. SHORT TITLE.

14 This subtitle may be cited as the ‘‘Intelligent Trans15 portation Systems Act of 1998’’.

16 SEC. 2102. FINDINGS.

17 Congress finds that—

18 (1) numerous studies conducted on behalf of the

19 Department of Transportation document that invest20 ment in intelligent transportation systems offers sub21 stantial benefits in relationship to costs;

22 (2) as a result of the investment authorized by

23 the Intelligent Transportation Systems Act of 1991

24 (23 U.S.C. 307 note; 105 Stat. 2189), progress has

25 been made on each of the goals set forth for the na-
486

S 1173 OPS

1 tional intelligent transportation system program in

2 section 6052(b) of that Act; and

3 (3) continued investment by the Department of

4 Transportation is needed to complete implementation

5 of those goals.

6 SEC. 2103. INTELLIGENT TRANSPORTATION SYSTEMS.

7 Chapter 5 of title 23, United States Code (as added

8 by section 2005), is amended by adding at the end the fol9 lowing:

10 ‘‘SUBCHAPTER II—INTELLIGENT

11 TRANSPORTATION SYSTEMS

12 ‘‘§ 521. Purposes

13 ‘‘The purposes of this subchapter are—

14 ‘‘(1) to expedite deployment and integration of

15 basic intelligent transportation system services for

16 consumers of passenger and freight transportation

17 across the United States;

18 ‘‘(2) to encourage the use of intelligent transpor19 tation systems to enhance international trade and do20 mestic economic productivity;

21 ‘‘(3) to encourage the use of intelligent transpor22 tation systems to promote the achievement of national

23 environmental goals;
487

S 1173 OPS

1 ‘‘(4) to continue research, development, testing,

2 and evaluation activities to continually expand the

3 state-of-the-art in intelligent transportation systems;

4 ‘‘(5) to provide financial and technical assist5 ance to State and local governments and metropolitan

6 planning organizations to ensure the integration of

7 interoperable, intermodal, and cost-effective intelligent

8 transportation systems;

9 ‘‘(6) to foster regional cooperation, standards im10 plementation, and operations planning to maximize

11 the benefits of integrated and coordinated intelligent

12 transportation systems;

13 ‘‘(7) to promote the consideration of intelligent

14 transportation systems in mainstream transportation

15 planning and investment decisionmaking by ensuring

16 that Federal and State transportation officials have

17 adequate, working knowledge of intelligent transpor18 tation system technologies and applications and by

19 ensuring comprehensive funding eligibility for the

20 technologies and applications;

21 ‘‘(8) to encourage intelligent transportation sys22 tem training for, and technology transfer to, State

23 and local agencies;

24 ‘‘(9) to promote the deployment of intelligent

25 transportation system services in rural America so as
488

S 1173 OPS

1 to achieve safety benefits, promote tourism, and im2 prove quality of life;

3 ‘‘(10) to promote the innovative use of private

4 resources, such as through public-private partnerships

5 or other uses of private sector investment, to support

6 the development and integration of intelligent trans7 portation systems throughout the United States;

8 ‘‘(11) to complete the Federal investment in the

9 deployment of Commercial Vehicle Information Sys10 tems and Networks by September 30, 2003;

11 ‘‘(12) to facilitate intermodalism through deploy12 ment of intelligent transportation systems, including

13 intelligent transportation system technologies for

14 transit systems to improve safety, efficiency, capacity,

15 and utility for the public;

16 ‘‘(13) to enhance the safe operation of motor ve17 hicles, including motorcycles, and nonmotorized vehi18 cles on the surface transportation systems of the

19 United States, with a particular emphasis on decreas20 ing the number and severity of collisions;

21 ‘‘(14) to encourage the use of intelligent trans22 portation systems to promote the achievement of na23 tional transportation safety goals, including safety at

24 at-grade railway-highway crossings; and
489

S 1173 OPS

1 ‘‘(15) to accommodate the needs of all users of

2 the surface transportation systems of the United

3 States, including the operators of commercial vehicles,

4 passenger vehicles, and motorcycles.

5 ‘‘§ 522. Definitions

6 ‘‘In this subchapter:

7 ‘‘(1) COMMERCIAL VEHICLE INFORMATION SYS8 TEMS AND NETWORKS.—The term ‘Commercial Vehi9 cle Information Systems and Networks’ means the in10 formation systems and communications networks that

11 support commercial vehicle operations.

12 ‘‘(2) COMMERCIAL VEHICLE OPERATIONS.—The

13 term ‘commercial vehicle operations’—

14 ‘‘(A) means motor carrier operations and

15 motor vehicle regulatory activities associated

16 with the commercial movement of goods, includ17 ing hazardous materials, and passengers; and

18 ‘‘(B) with respect to the public sector, in19 cludes the issuance of operating credentials, the

20 administration of motor vehicle and fuel taxes,

21 and roadside safety and border crossing inspec22 tion and regulatory compliance operations.

23 ‘‘(3) COMPLETED STANDARD.—The term ‘com24 pleted standard’ means a standard adopted and pub25 lished by the appropriate standards-setting organiza-
490

S 1173 OPS

1 tion through a voluntary consensus standardmaking

2 process.

3 ‘‘(4) CORRIDOR.—The term ‘corridor’ means any

4 major transportation route that includes parallel lim5 ited access highways, major arterials, or transit lines.

6 ‘‘(5) INTELLIGENT TRANSPORTATION SYSTEM.—

7 The term ‘intelligent transportation system’ means

8 electronics, communications, or information process9 ing used singly or in combination to improve the effi10 ciency or safety of a surface transportation system.

11 ‘‘(6) NATIONAL ARCHITECTURE.—The term ‘na12 tional architecture’ means the common framework for

13 interoperability adopted by the Secretary that de14 fines—

15 ‘‘(A) the functions associated with intel16 ligent transportation system user services;

17 ‘‘(B) the physical entities or subsystems

18 within which the functions reside;

19 ‘‘(C) the data interfaces and information

20 flows between physical subsystems; and

21 ‘‘(D) the communications requirements as22 sociated with the information flows.

23 ‘‘(7) PROVISIONAL STANDARD.—The term ‘provi24 sional standard’ means a provisional standard estab25 lished by the Secretary under section 529(c).
491

S 1173 OPS

1 ‘‘(8) STANDARD.—The term ‘standard’ means a

2 document that—

3 ‘‘(A) contains technical specifications or

4 other precise criteria for intelligent transpor5 tation systems that are to be used consistently as

6 rules, guidelines, or definitions of characteristics

7 so as to ensure that materials, products, proc8 esses, and services are fit for their purposes; and

9 ‘‘(B) may support the national architecture

10 and promote—

11 ‘‘(i) the widespread use and adoption

12 of intelligent transportation system tech13 nology as a component of the surface trans14 portation systems of the United States; and

15 ‘‘(ii) interoperability among intelligent

16 transportation system technologies imple17 mented throughout the States.

18 ‘‘§ 523. Cooperation, consultation, and analysis

19 ‘‘(a) COOPERATION.—In carrying out this subchapter,

20 the Secretary shall—

21 ‘‘(1) foster enhanced operation and management

22 of the surface transportation systems of the United

23 States;

24 ‘‘(2) promote the widespread deployment of intel25 ligent transportation systems; and
492

S 1173 OPS

1 ‘‘(3) advance emerging technologies, in coopera2 tion with State and local governments and the pri3 vate sector.

4 ‘‘(b) CONSULTATION.—As appropriate, in carrying out

5 this subchapter, the Secretary shall—

6 ‘‘(1) consult with the heads of other interested

7 Federal departments and agencies; and

8 ‘‘(2) maximize the involvement of the United

9 States private sector, colleges and universities, the

10 Federal laboratories, and State and local governments

11 in all aspects of carrying out this subchapter.

12 ‘‘(c) PROCUREMENT METHODS.—To meet the need for

13 effective implementation of intelligent transportation sys14 tem projects, the Secretary shall develop appropriate tech15 nical assistance and guidance to assist State and local

16 agencies in evaluating and selecting appropriate methods

17 of procurement for intelligent transportation system

18 projects, including innovative and nontraditional methods

19 of procurement.

20 ‘‘§ 524. Research, development, and training

21 ‘‘(a) IN GENERAL.—The Secretary shall carry out a

22 comprehensive program of intelligent transportation system

23 research, development, operational testing, technical assist24 ance and training, national architecture activities, stand25 ards development and implementation, and other similar
493

S 1173 OPS

1 activities that are necessary to carry out the purposes of

2 this subchapter.

3 ‘‘(b) INTELLIGENT VEHICLE AND INTELLIGENT INFRA4 STRUCTURE PROGRAMS.—

5 ‘‘(1) IN GENERAL.—

6 ‘‘(A) PROGRAM.—The Secretary shall carry

7 out a program to conduct research, development,

8 and engineering designed to stimulate and ad9 vance deployment of an integrated intelligent ve10 hicle program and an integrated intelligent in11 frastructure program, consisting of—

12 ‘‘(i) projects such as crash avoidance,

13 automated highway systems, advanced vehi14 cle controls, and roadway safety and effi15 ciency systems linked to intelligent vehicles;

16 and

17 ‘‘(ii) projects that improve mobility

18 and the quality of the environment, includ19 ing projects for traffic management, inci20 dent management, transit management, toll

21 collection, traveler information, and traffic

22 control systems.

23 ‘‘(B) CONSIDERATION OF VEHICLE AND IN24 FRASTRUCTURE ELEMENTS.—In carrying out

25 subparagraph (A), the Secretary may consider
494

S 1173 OPS

1 systems that include both vehicle and infrastruc2 ture elements and determine the most appro3 priate mix of those elements.

4 ‘‘(2) NATIONAL ARCHITECTURE.—The program

5 carried out under paragraph (1) shall be consistent

6 with the national architecture.

7 ‘‘(3) PRIORITIES.—In carrying out paragraph

8 (1), the Secretary shall give higher priority to activi9 ties that—

10 ‘‘(A) assist motor vehicle drivers in avoid11 ing motor vehicle crashes;

12 ‘‘(B) assist in the development of an auto13 mated highway system; or

14 ‘‘(C) improve the integration of air bag

15 technology with other on-board safety systems

16 and maximize the safety benefits of the simulta17 neous use of an automatic restraint system and

18 seat belts.

19 ‘‘(4) COST SHARING.—

20 ‘‘(A) IN GENERAL.—Except as provided in

21 subparagraph (B), the Federal share of the cost

22 of a research project carried out in cooperation

23 with a non-Federal entity under a program car24 ried out under paragraph (1) shall not exceed 80

25 percent.
495

S 1173 OPS

1 ‘‘(B) INNOVATIVE OR HIGH-RISK RESEARCH

2 PROJECTS.—The Federal share of the cost of an

3 innovative or high-risk research project described

4 in subparagraph (A) may, at the discretion of

5 the Secretary, be 100 percent.

6 ‘‘(5) PLAN.—The Secretary shall—

7 ‘‘(A) not later than 1 year after the date of

8 enactment of this subchapter, submit to Congress

9 a 6-year plan specifying the goals, objectives,

10 and milestones to be achieved by each program

11 carried out under paragraph (1); and

12 ‘‘(B) report biennially to Congress on the

13 progress in meeting the goals, objectives, and

14 milestones.

15 ‘‘(c) EVALUATION.—

16 ‘‘(1) GUIDELINES AND REQUIREMENTS.—

17 ‘‘(A) IN GENERAL.—The Secretary shall es18 tablish guidelines and requirements for the inde19 pendent evaluation of field and related oper20 ational tests, and, if necessary, deployment

21 projects, carried out under this subchapter.

22 ‘‘(B) REQUIRED PROVISIONS.—The guide23 lines and requirements established under sub24 paragraph (A) shall include provisions to ensure

25 the objectivity and independence of the evaluator
496

S 1173 OPS

1 so as to avoid any real or apparent conflict of

2 interest or potential influence on the outcome by

3 parties to any such test or deployment project or

4 by any other formal evaluation carried out

5 under this subchapter.

6 ‘‘(2) FUNDING.—

7 ‘‘(A) SMALL PROJECTS.—In the case of a

8 test or project with a cost of less than

9 $5,000,000, the Secretary may allocate not more

10 than 15 percent of the funds made available to

11 carry out the test or project for an evaluation of

12 the test or project.

13 ‘‘(B) MODERATE PROJECTS.—In the case of

14 a test or project with a cost of $5,000,000 or

15 more, but less than $10,000,000, the Secretary

16 may allocate not more than 10 percent of the

17 funds made available to carry out the test or

18 project for an evaluation of the test or project.

19 ‘‘(C) LARGE PROJECTS.—In the case of a

20 test or project with a cost of $10,000,000 or

21 more, the Secretary may allocate not more than

22 5 percent of the funds made available to carry

23 out the test or project for an evaluation of the

24 test or project.
497

S 1173 OPS

1 ‘‘(3) INAPPLICABILITY OF PAPERWORK REDUC2 TION ACT.—Any survey, questionnaire, or interview

3 that the Secretary considers necessary to carry out the

4 evaluation of any test or program assessment activity

5 under this subchapter shall not be subject to chapter

6 35 of title 44.

7 ‘‘(d) INFORMATION CLEARINGHOUSE.—

8 ‘‘(1) IN GENERAL.—The Secretary shall—

9 ‘‘(A) maintain a repository for technical

10 and safety data collected as a result of federally

11 sponsored projects carried out under this sub12 chapter; and

13 ‘‘(B) on request, make that information (ex14 cept for proprietary information and data) read15 ily available to all users of the repository at an

16 appropriate cost.

17 ‘‘(2) DELEGATION OF AUTHORITY.—

18 ‘‘(A) IN GENERAL.—The Secretary may del19 egate the responsibility of the Secretary under

20 this subsection, with continuing oversight by the

21 Secretary, to an appropriate entity not within

22 the Department of Transportation.

23 ‘‘(B) FEDERAL ASSISTANCE.—If the Sec24 retary delegates the responsibility, the entity to
498

S 1173 OPS

1 which the responsibility is delegated shall be eli2 gible for Federal assistance under this section.

3 ‘‘(e) TRAFFIC INCIDENT MANAGEMENT AND RE4 SPONSE.—The Secretary shall carry out a program to ad5 vance traffic incident management and response tech6 nologies, strategies, and partnerships that are fully inte7 grated with intelligent transportation systems.

8 ‘‘(f) AUTHORIZATION OF CONTRACT AUTHORITY.—

9 ‘‘(1) IN GENERAL.—There shall be available from

10 the Highway Trust Fund (other than the Mass Tran11 sit Account) to carry out this section $120,000,000 for

12 fiscal year 1998, $125,000,000 for fiscal year 1999,

13 $130,000,000 for fiscal year 2000, $135,000,000 for

14 fiscal year 2001, $140,000,000 for fiscal year 2002,

15 and $150,000,000 for fiscal year 2003, of which, for

16 each fiscal year—

17 ‘‘(A) not less than $25,000,000 shall be

18 available for activities that assist motor vehicle

19 drivers in avoiding motor vehicle crashes, includ20 ing activities that improve the integration of air

21 bag technology with other on-board safety sys22 tems;

23 ‘‘(B) not less than $25,000,000 shall be

24 available for activities that assist in the develop25 ment of an automated highway system; and
499

S 1173 OPS

1 ‘‘(C) not less than $3,000,000 shall be avail2 able for traffic incident management and re3 sponse.

4 ‘‘(2) CONTRACT AUTHORITY.—Funds authorized

5 under this subsection shall be available for obligation

6 in the same manner as if the funds were apportioned

7 under chapter 1.

8 ‘‘§ 525. Intelligent transportation system integration

9 program

10 ‘‘(a) IN GENERAL.—The Secretary shall conduct a

11 comprehensive program (referred to in this section as the

12 ‘program’) to accelerate the integration and interoper13 ability of intelligent transportation systems.

14 ‘‘(b) SELECTION OF PROJECTS.—

15 ‘‘(1) IN GENERAL.—Under the program, the Sec16 retary shall select for funding, through competitive so17 licitation, projects that will serve as models to im18 prove transportation efficiency, promote safety, in19 crease traffic flow, reduce emissions of air pollutants,

20 improve traveler information, or enhance alternative

21 transportation modes.

22 ‘‘(2) PRIORITIES.—Under the program, the Sec23 retary shall give higher priority to funding projects

24 that—
500

S 1173 OPS

1 ‘‘(A) promote and foster integration strate2 gies and written agreements among local govern3 ments, States, and other regional entities;

4 ‘‘(B) build on existing (as of the date of

5 project selection) intelligent transportation sys6 tem projects;

7 ‘‘(C) deploy integrated intelligent transpor8 tation system projects throughout metropolitan

9 areas;

10 ‘‘(D) deploy integrated intelligent transpor11 tation system projects that enhance safe freight

12 movement or coordinate intermodal travel, in13 cluding intermodal travel at ports of entry into

14 the United States; and

15 ‘‘(E) advance intelligent transportation sys16 tem deployment projects that are consistent with

17 the national architecture and, as appropriate,

18 comply with required standards as described in

19 section 529.

20 ‘‘(3) CONTINUATION OF PARTNERSHIP AGREE21 MENTS.—The Secretary shall continue through to

22 completion public/private partnership agreements

23 previously executed to promote the integration of sur24 face transportation management systems, including
501

S 1173 OPS

1 the integration of highway, transit, railroad and

2 emergency management systems.

3 ‘‘(c) PRIVATE SECTOR INVOLVEMENT.—In carrying

4 out the program, the Secretary shall encourage private sec5 tor involvement and financial commitment, to the maxi6 mum extent practicable, through innovative financial ar7 rangements, especially public-private partnerships.

8 ‘‘(d) FINANCING AND OPERATIONS PLANS.—As a con9 dition of receipt of funds under the program, a recipient

10 participating in a project shall submit to the Secretary a

11 multiyear financing and operations plan that describes how

12 the project can be cost-effectively operated and maintained.

13 ‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—

14 ‘‘(1) IN GENERAL.—There shall be available from

15 the Highway Trust Fund (other than the Mass Tran16 sit Account) to carry out this section $100,000,000 for

17 fiscal year 1998, $110,000,000 for fiscal year 1999,

18 $115,000,000 for fiscal year 2000, $130,000,000 for

19 fiscal year 2001, $135,000,000 for fiscal year 2002,

20 and $145,000,000 for fiscal year 2003.

21 ‘‘(2) CONTRACT AUTHORITY.—Funds authorized

22 under this subsection shall be available for obligation

23 in the same manner as if the funds were apportioned

24 under chapter 1, except that, in the case of a project

25 funded under paragraph (1)—
502

S 1173 OPS

1 ‘‘(A) the Federal share of the cost of the

2 project payable from funds made available under

3 paragraph (1) shall not exceed 50 percent; and

4 ‘‘(B) the total Federal share of the cost of

5 the project payable from all eligible sources (in6 cluding paragraph (1)) shall not exceed 80 per7 cent.

8 ‘‘§ 526. Integration program for rural areas

9 ‘‘(a) IN GENERAL.—The Secretary shall conduct a

10 comprehensive program (referred to in this section as the

11 ‘program’) to accelerate the integration or deployment of

12 intelligent transportation systems in rural areas.

13 ‘‘(b) SELECTION OF PROJECTS.—Under the program,

14 the Secretary shall—

15 ‘‘(1) select projects through competitive solicita16 tion; and

17 ‘‘(2) give higher priority to funding projects

18 that—

19 ‘‘(A) promote and foster integration strate20 gies and agreements among local governments,

21 States, and other regional entities;

22 ‘‘(B) deploy integrated intelligent transpor23 tation system projects that improve mobility, en24 hance the safety of the movement of passenger ve25 hicles and freight, or promote tourism; and
503

S 1173 OPS

1 ‘‘(C) advance intelligent transportation sys2 tem deployment projects that are consistent with

3 the national architecture and comply with re4 quired standards as described in section 529.

5 ‘‘(c) PRIVATE SECTOR INVOLVEMENT.—In carrying

6 out the program, the Secretary shall encourage private sec7 tor involvement and financial commitment, to the maxi8 mum extent practicable, through innovative financial ar9 rangements, especially public-private partnerships.

10 ‘‘(d) FINANCING AND OPERATIONS PLANS.—As a con11 dition of receipt of funds under the program, a recipient

12 participating in a project shall submit to the Secretary a

13 multiyear financing and operations plan that describes how

14 the project can be cost-effectively operated and maintained

15 ‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—

16 ‘‘(1) IN GENERAL.—There shall be available from

17 the Highway Trust Fund (other than the Mass Tran18 sit Account) to carry out this section $10,000,000 for

19 fiscal year 1998, $10,000,000 for fiscal year 1999,

20 $15,000,000 for fiscal year 2000, $15,000,000 for fis21 cal year 2001, $20,000,000 for fiscal year 2002, and

22 $20,000,000 for fiscal year 2003.

23 ‘‘(2) CONTRACT AUTHORITY.—Funds authorized

24 under this subsection shall be available for obligation

25 in the same manner as if the funds were apportioned
504

S 1173 OPS

1 under chapter 1, except that, in the case of a project

2 funded under paragraph (1)—

3 ‘‘(A) the Federal share of the cost of the

4 project payable from funds made available under

5 paragraph (1) shall not exceed 50 percent; and

6 ‘‘(B) the total Federal share of the cost of

7 the project payable from all eligible sources (in8 cluding paragraph (1)) shall not exceed 80 per9 cent.

10 ‘‘§ 527. Commercial vehicle intelligent transportation

11 system infrastructure

12 ‘‘(a) IN GENERAL.—The Secretary shall carry out a

13 comprehensive program—

14 ‘‘(1) to deploy intelligent transportation systems

15 that will promote the safety and productivity of com16 mercial vehicles and drivers; and

17 ‘‘(2) to reduce costs associated with commercial

18 vehicle operations and State and Federal commercial

19 vehicle regulatory requirements.

20 ‘‘(b) ELEMENTS OF PROGRAM.—

21 ‘‘(1) SAFETY INFORMATION SYSTEMS AND NET22 WORKS.—

23 ‘‘(A) IN GENERAL.—The program shall ad24 vance the technological capability and promote

25 the deployment of commercial vehicle, commer-
505

S 1173 OPS

1 cial driver, and carrier-specific safety informa2 tion systems and networks and other intelligent

3 transportation system technologies used to assist

4 States in identifying high-risk commercial oper5 ations and in conducting other innovative safety

6 strategies, including the Commercial Vehicle In7 formation Systems and Networks.

8 ‘‘(B) FOCUS OF PROJECTS.—Projects as9 sisted under the program shall focus on—

10 ‘‘(i) identifying and eliminating un11 safe and illegal carriers, vehicles, and driv12 ers in a manner that does not unduly

13 hinder the productivity and efficiency of

14 safe and legal commercial operations;

15 ‘‘(ii) enhancing the safe passage of

16 commercial vehicles across the United States

17 and across international borders;

18 ‘‘(iii) reducing the numbers of viola19 tions of out-of-service orders;

20 ‘‘(iv) complying with directives to ad21 dress other safety violations; and

22 ‘‘(v) developing and implementing un23 obtrusive eyetracking technology.

24 ‘‘(2) MONITORING SYSTEMS.—The program shall

25 advance on-board driver and vehicle safety monitor-
506

S 1173 OPS

1 ing systems, including fitness-for-duty, brake, and

2 other operational monitoring technologies, that will

3 facilitate commercial vehicle safety, including inspec4 tion by motor carrier safety assistance program offi5 cers and employees under chapter 311 of title 49.

6 ‘‘(c) USE OF FEDERAL FUNDS.—

7 ‘‘(1) IN GENERAL.—Federal funds used to carry

8 out the program shall be primarily used to improve—

9 ‘‘(A) commercial vehicle safety and the effec10 tiveness and efficiency of enforcement efforts con11 ducted under the motor carrier safety assistance

12 program under chapter 311 of title 49;

13 ‘‘(B) electronic processing of registration in14 formation, driver licensing information, fuel tax

15 information, inspection and crash data, and

16 other safety information; and

17 ‘‘(C) communication of the information de18 scribed in subparagraph (B) among the States.

19 ‘‘(2) LEVERAGING.—Federal funds used to carry

20 out the program shall, to the maximum extent prac21 ticable—

22 ‘‘(A) be leveraged with non-Federal funds;

23 and

24 ‘‘(B) be used for activities not carried out

25 through the use of private funds.
507

S 1173 OPS

1 ‘‘(d) FEDERAL SHARE.—The Federal share of the cost

2 of a project assisted under the program shall be not more

3 than 80 percent.

4 ‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—

5 ‘‘(1) IN GENERAL.—There shall be available from

6 the Highway Trust Fund (other than the Mass Tran7 sit Account) to carry out this section $25,000,000 for

8 fiscal year 1998, $25,000,000 for fiscal year 1999,

9 $25,000,000 for fiscal year 2000, $35,000,000 for fis10 cal year 2001, $35,000,000 for fiscal year 2002, and

11 $40,000,000 for fiscal year 2003.

12 ‘‘(2) CONTRACT AUTHORITY.—Funds authorized

13 under this subsection shall be available for obligation

14 in the same manner as if the funds were apportioned

15 under chapter 1, except that, in the case of a project

16 funded under paragraph (1)—

17 ‘‘(A) the Federal share of the cost of the

18 project payable from funds made available under

19 paragraph (1) shall not exceed 50 percent; and

20 ‘‘(B) the total Federal share of the cost of

21 the project payable from all eligible sources (in22 cluding paragraph (1)) shall not exceed 80 per23 cent.
508

S 1173 OPS

1 ‘‘§ 528. Corridor development and coordination

2 ‘‘(a) IN GENERAL.—The Secretary shall encourage

3 multistate cooperative agreements, coalitions, or other ar4 rangements intended to promote regional cooperation, plan5 ning, and shared project implementation for intelligent

6 transportation system projects.

7 ‘‘(b) FUNDING.—There shall be available to carry out

8 this section for each fiscal year not more than—

9 ‘‘(1) $3,000,000 of the amounts made available

10 under section 524(f); and

11 ‘‘(2) $7,000,000 of the amounts made available

12 under section 525(e).

13 ‘‘§ 529. Standards

14 ‘‘(a) IN GENERAL.—

15 ‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND

16 MAINTENANCE.—The Secretary shall develop, imple17 ment, and maintain a national architecture and sup18 porting standards to promote the widespread use and

19 evaluation of intelligent transportation system tech20 nology as a component of the surface transportation

21 systems of the United States.

22 ‘‘(2) INTEROPERABILITY AND EFFICIENCY.—To

23 the maximum extent practicable, the standards shall

24 promote interoperability among, and efficiency of, in25 telligent transportation system technologies imple26 mented throughout the States.
509

S 1173 OPS

1 ‘‘(3) USE OF STANDARDS-SETTING ORGANIZA2 TIONS.—In carrying out this section, the Secretary

3 may use the services of such standards-setting organi4 zations as the Secretary determines appropriate.

5 ‘‘(b) REPORT.—

6 ‘‘(1) IN GENERAL.—Not later than January 1,

7 1999, the Secretary shall submit a report describing

8 the status of all standards.

9 ‘‘(2) CONTENTS.—The report shall—

10 ‘‘(A) identify each standard that is needed

11 for operation of intelligent transportation sys12 tems in the United States;

13 ‘‘(B) specify the status of the development of

14 each standard;

15 ‘‘(C) provide a timetable for achieving

16 agreement on each standard as described in this

17 section; and

18 ‘‘(D) determine which standards are critical

19 to ensuring national interoperability or critical

20 to the development of other standards.

21 ‘‘(c) ESTABLISHMENT OF PROVISIONAL STANDARDS.—

22 ‘‘(1) ESTABLISHMENT.—Subject to subsection

23 (d), if a standard determined to be critical under sub24 section (b)(2)(D) is not adopted and published by the

25 appropriate standards-setting organization by Janu-
510

S 1173 OPS

1 ary 1, 2001, the Secretary shall establish a provi2 sional standard after consultation with affected par3 ties.

4 ‘‘(2) PERIOD OF EFFECTIVENESS.—The provi5 sional standard shall—

6 ‘‘(A) be published in the Federal Register;

7 ‘‘(B) take effect not later than May 1, 2001;

8 and

9 ‘‘(C) remain in effect until the appropriate

10 standards-setting organization adopts and pub11 lishes a standard.

12 ‘‘(d) WAIVER OF REQUIREMENT TO ESTABLISH PRO13 VISIONAL STANDARDS.—

14 ‘‘(1) NOTICE.—The Secretary may waive the re15 quirement to establish a provisional standard by sub16 mitting, not later than January 1, 2001, to the Com17 mittee on Environment and Public Works of the Sen18 ate and the Committee on Transportation and Infra19 structure of the House of Representatives, a notice

20 that—

21 ‘‘(A) specifies the provisional standard sub22 ject to the waiver;

23 ‘‘(B) describes the history of the develop24 ment of the standard subject to the waiver;
511

S 1173 OPS

1 ‘‘(C) specifies the reasons why the require2 ment for the establishment of the provisional

3 standard is being waived;

4 ‘‘(D) describes the impacts of delaying the

5 establishment of the standard subject to the waiv6 er, especially the impacts on the purposes of this

7 subchapter; and

8 ‘‘(E) provides specific estimates as to when

9 the standard subject to the waiver is expected to

10 be adopted and published by the appropriate

11 standards-setting organization.

12 ‘‘(2) PROGRESS REPORTS.—

13 ‘‘(A) IN GENERAL.—In the case of each

14 standard subject to a waiver by the Secretary

15 under paragraph (1), the Secretary shall submit,

16 in accordance with the schedule specified in sub17 paragraph (B), a report to the Committee on

18 Environment and Public Works of the Senate

19 and the Committee on Transportation and Infra20 structure of the House of Representatives on the

21 progress of the adoption of a completed standard.

22 ‘‘(B) SCHEDULE OF REPORTS.—The Sec23 retary shall submit a report under subparagraph

24 (A) with respect to a standard—
512

S 1173 OPS

1 ‘‘(i) not later than 180 days after the

2 date of submission of the notice under para3 graph (1) with respect to the standard; and

4 ‘‘(ii) at the end of each 180-day period

5 thereafter until such time as a standard has

6 been adopted and published by the appro7 priate standards-setting organization or the

8 waiver is withdrawn under paragraph (3).

9 ‘‘(C) CONSULTATION.—In developing each

10 progress report under subparagraph (A), the Sec11 retary shall consult with the standards-setting

12 organizations involved in the standardmaking

13 process for the standard.

14 ‘‘(3) WITHDRAWAL OF WAIVER.—

15 ‘‘(A) IN GENERAL.—At any time, the Sec16 retary may, through notification to the Commit17 tee on Environment and Public Works of the

18 Senate and the Committee on Transportation

19 and Infrastructure of the House of Representa20 tives, withdraw a notice of a waiver of the re21 quirement to establish a provisional standard.

22 ‘‘(B) IMPLEMENTATION.—If the Secretary

23 submits notification under subparagraph (A)

24 with respect to a provisional standard, not less

25 than 30 days, but not more than 90 days, after
513

S 1173 OPS

1 the date of the notification, the Secretary shall

2 implement the provisional standard, unless, by

3 the end of the 90-day period beginning on the

4 date of the notification, a standard has been

5 adopted and published by the appropriate stand6 ards-setting organization.

7 ‘‘(e) REQUIREMENT FOR COMPLIANCE WITH STAND8 ARD.—

9 ‘‘(1) IN GENERAL.—

10 ‘‘(A) STANDARD IN EXISTENCE.—Funds

11 made available from the Highway Trust Fund

12 shall not be used to deploy an intelligent trans13 portation system technology if the technology

14 does not comply with each applicable provisional

15 standard or completed standard.

16 ‘‘(B) NO STANDARD IN EXISTENCE.—In the

17 absence of a provisional standard or completed

18 standard, Federal funds shall not be used to de19 ploy an intelligent transportation system tech20 nology if the deployment is not consistent with

21 the interfaces to ensure interoperability that are

22 contained in the national architecture.

23 ‘‘(2) APPLICABILITY.—Paragraph (1) shall not

24 apply to—
514

S 1173 OPS

1 ‘‘(A) the operation or maintenance of an in2 telligent transportation system in existence on

3 the date of enactment of this subchapter; or

4 ‘‘(B) the upgrade or expansion of an intel5 ligent transportation system in existence on the

6 date of enactment of this subchapter if the Sec7 retary determines that the upgrade or expan8 sion—

9 ‘‘(i) does not adversely affect the pur10 poses of this subchapter, especially the goal

11 of national or regional interoperability;

12 ‘‘(ii) is carried out before the end of the

13 useful life of the system; and

14 ‘‘(iii) is cost effective as compared to

15 alternatives that meet the compliance re16 quirement of paragraph (1)(A) or the con17 sistency requirement of paragraph (1)(B).

18 ‘‘(f) SPECTRUM.—

19 ‘‘(1) CONSULTATION.—The Secretary shall con20 sult with the Secretary of Commerce, the Secretary of

21 Defense, and the Chairman of the Federal Commu22 nications Commission to determine the best means for

23 securing the necessary spectrum for the near-term es24 tablishment of a dedicated short-range vehicle-to-way25 side wireless standard and any other spectrum that
515

S 1173 OPS

1 the Secretary determines to be critical to the imple2 mentation of this title.

3 ‘‘(2) PROGRESS REPORT.—After consultation

4 under paragraph (1) and with other affected agencies,

5 but not later than 1 year after the date of enactment

6 of this subchapter, the Secretary shall submit a report

7 to Congress on the progress made in securing the spec8 trum described in paragraph (1).

9 ‘‘(3) DEADLINE FOR SECURING SPECTRUM.—

10 Notwithstanding any other provision of law, not later

11 than 2 years after the date of enactment of this sub12 chapter, the Secretary of Commerce shall release to

13 the Federal Communications Commission, and the

14 Federal Communications Commission shall allocate,

15 the spectrum described in paragraph (1).

16 ‘‘(g) FUNDING.—The Secretary shall use funds made

17 available under section 524 to carry out this section.

18 ‘‘§ 530. Funding limitations

19 ‘‘(a) CONSISTENCY WITH NATIONAL ARCHITEC20 TURE.—The Secretary shall use funds made available under

21 this subchapter to deploy intelligent transportation system

22 technologies only if the technologies are consistent with the

23 national architecture.

24 ‘‘(b) COMPETITION WITH PRIVATELY FUNDED

25 PROJECTS.—To the maximum extent practicable, the Sec-
516

S 1173 OPS

1 retary shall not fund any intelligent transportation system

2 operational test or deployment project that competes with

3 a similar privately funded project.

4 ‘‘(c) INFRASTRUCTURE DEVELOPMENT.—Funds made

5 available under this subchapter for operational tests and

6 deployment projects—

7 ‘‘(1) shall be used primarily for the development

8 of intelligent transportation system infrastructure;

9 and

10 ‘‘(2) to the maximum extent practicable, shall

11 not be used for the construction of physical highway

12 and transit infrastructure unless the construction is

13 incidental and critically necessary to the implementa14 tion of an intelligent transportation system project.

15 ‘‘(d) PUBLIC RELATIONS AND TRAINING.—For each

16 fiscal year, not more than $15,000,000 of the funds made

17 available under this subchapter shall be used for intelligent

18 transportation system outreach, public relations, training,

19 mainstreaming, shareholder relations, or related activities.

20 ‘‘§ 531. Use of innovative financing

21 ‘‘(a) IN GENERAL.—The Secretary may use up to 25

22 percent of the funds made available under this subchapter

23 and section 541 to make available loans, lines of credit, and

24 loan guarantees for projects that are eligible for assistance
517

S 1173 OPS

1 under this title and that have significant intelligent trans2 portation system elements.

3 ‘‘(b) CONSISTENCY WITH OTHER LAW.—Credit assist4 ance described in subsection (a) shall be made available in

5 a manner consistent with the Transportation Infrastructure

6 Finance and Innovation Act of 1998.

7 ‘‘§ 532. Advisory committees

8 ‘‘(a) IN GENERAL.—In carrying out this subchapter,

9 the Secretary shall use 1 or more advisory committees.

10 ‘‘(b) APPLICABILITY OF FEDERAL ADVISORY COMMIT11 TEE ACT.—Any advisory committee so used shall be subject

12 to the Federal Advisory Committee Act (5 U.S.C. App.).’’.

13 SEC. 2104. CONFORMING AMENDMENT.

14 The Intermodal Surface Transportation Efficiency Act

15 of 1991 is amended by striking part B of title VI (23 U.S.C.

16 307 note; 105 Stat. 2189).

17 Subtitle C—Funding

18 SEC. 2201. FUNDING.

19 Chapter 5 of title 23, United States Code (as amended

20 by section 2103), is amended by adding at the end the fol21 lowing:

22 ‘‘SUBCHAPTER III—FUNDING

23 ‘‘§ 541. Funding

24 ‘‘(a) RESEARCH, TECHNOLOGY, AND TRAINING.—

25 There shall be available from the Highway Trust Fund
518

S 1173 OPS

1 (other than the Mass Transit Account) to carry out sections

2 502, 507, 509, and 511 $68,000,000 for fiscal year 1998,

3 $1,500,000 for fiscal year 1999, $4,500,000 for fiscal year

4 2000, $2,500,000 for fiscal year 2001, $1,500,000 for fiscal

5 year 2002, and $4,500,000 for fiscal year 2003.

6 ‘‘(b) CONTRACT AUTHORITY.—Funds authorized under

7 this section shall be available for obligation in the same

8 manner as if the funds were apportioned under chapter 1,

9 except that—

10 ‘‘(1) any Federal share of the cost of an activity

11 under this chapter shall be determined in accordance

12 with this chapter; and

13 ‘‘(2) the funds shall remain available for obliga14 tion for a period of 4 years after the last day of the

15 fiscal year for which the funds are authorized.

16 ‘‘(c) LIMITATIONS ON OBLIGATIONS.—Notwithstand17 ing any other provision of law, the total amount of all obli18 gations under subsection (a) shall not exceed—

19 ‘‘(1) $98,000,000 for fiscal year 1998;

20 ‘‘(2) $101,000,000 for fiscal year 1999;

21 ‘‘(3) $104,000,000 for fiscal year 2000;

22 ‘‘(4) $107,000,000 for fiscal year 2001;

23 ‘‘(5) $110,000,000 for fiscal year 2002; and

24 ‘‘(6) $114,000,000 for fiscal year 2003.’’.
519

S 1173 OPS

1 TITLE III—INTERMODAL TRANS2 PORTATION SAFETY AND RE3 LATED MATTERS

4 SEC. 3001. SHORT TITLE.

5 This title may be cited as the ‘‘Intermodal Transpor6 tation Safety Act of 1998’’.

7 SEC. 3002. AMENDMENT OF TITLE 49, UNITED STATES CODE.

8 Except as otherwise expressly provided, whenever in

9 this title an amendment or repeal is expressed in terms of

10 an amendment to, or a repeal of, a section or other provi11 sion, the reference shall be considered to be made to a section

12 or other provision of title 49, United States Code.

13 Subtitle A—Highway Safety

14 SEC. 3101. HIGHWAY SAFETY PROGRAMS.

15 (a) UNIFORM GUIDELINES.—Section 402(a) of title 23,

16 United States Code, is amended by striking ‘‘section 4007’’

17 and inserting ‘‘section 4004’’.

18 (b) ADMINISTRATIVE REQUIREMENTS.—Section 402(b)

19 of such title is amended—

20 (1) by striking the period at the end of subpara21 graph (A) and subparagraph (B) of paragraph (1)

22 and inserting a semicolon;

23 (2) in paragraph (1)(C), by inserting ‘‘, includ24 ing Indian tribes,’’ after ‘‘subdivisions of such State’’;
520

S 1173 OPS

1 (3) in paragraph (1)(C), by striking the period

2 at the end and inserting a semicolon and ‘‘and’’; and

3 (4) by striking paragraphs (3) and (4) and re4 designating paragraph (5) as paragraph (3).

5 (c) APPORTIONMENT OF FUNDS.—Section 402(c) of

6 such title is amended—

7 (1) by inserting ‘‘the apportionment to the Secretary of the Interior shall not be less than 3 8 ⁄4 of 1

9 percent of the total apportionment and’’ after ‘‘except

10 that’’ in the sixth sentence; and

11 (2) by striking the seventh sentence.

12 (d) APPLICATION IN INDIAN COUNTRY.—Section 402(i)

13 of title 23, United States Code, is amended to read as fol14 lows:

15 ‘‘(i) APPLICATION IN INDIAN COUNTRY.—

16 ‘‘(1) IN GENERAL.—For the purpose of applica17 tion of this section in Indian country, the terms

18 ‘State’ and ‘Governor of a State’ include the Sec19 retary of the Interior and the term ‘political subdivi20 sion of a State’ includes an Indian tribe. Notwith21 standing the provisions of subsection (b)(1)(C), 95

22 percent of the funds apportioned to the Secretary of

23 the Interior under this section shall be expended by

24 Indian tribes to carry out highway safety programs

25 within their jurisdictions. The provisions of subpara-
521

S 1173 OPS

1 graph (b)(1)(D) shall be applicable to Indian tribes,

2 except to those tribes with respect to which the Sec3 retary determines that application of such provisions

4 would not be practicable.

5 ‘‘(2) INDIAN COUNTRY DEFINED.—For the pur6 poses of this subsection, the term ‘Indian country’

7 means—

8 ‘‘(A) all land within the limits of any In9 dian reservation under the jurisdiction of the

10 United States, notwithstanding the issuance of

11 any patent, and including rights-of-way running

12 through the reservation;

13 ‘‘(B) all dependent Indian communities

14 within the borders of the United States whether

15 within the original or subsequently acquired ter16 ritory thereof and whether within or without the

17 limits of a State; and

18 ‘‘(C) all Indian allotments, the Indian titles

19 to which have not been extinguished, including

20 rights-of-way running through such allotments.’’.

21 (e) RULEMAKING PROCESS.—Section 402(j) of title 23,

22 United States Code, is amended to read as follows:

23 ‘‘(j) RULEMAKING PROCESS.—The Secretary may

24 from time to time conduct a rulemaking process to identify

25 highway safety programs that are highly effective in reduc-
522

S 1173 OPS

1 ing motor vehicle crashes, injuries, and deaths. Any such

2 rulemaking shall take into account the major role of the

3 States in implementing such programs. When a rule pro4 mulgated in accordance with this section takes effect, States

5 shall consider these highly effective programs when develop6 ing their highway safety programs.’’.

7 (f) SAFETY INCENTIVE GRANTS.—Section 402 of title

8 23, United States Code, is amended by striking subsection

9 (k) and inserting the following:

10 ‘‘(k) SAFETY INCENTIVE GRANTS.—

11 ‘‘(1) SAFETY INCENTIVE GRANTS: GENERAL AU12 THORITY.—The Secretary shall make a grant to a

13 State that takes specific actions to advance highway

14 safety under subsection (l) or (m) or section 410. A

15 State may qualify for more than 1 grant and shall

16 receive a separate grant for each subsection for which

17 it qualifies. Such grants may only be used by recipi18 ent States to implement and enforce, as appropriate,

19 the programs for which the grants are awarded.

20 ‘‘(2) MAINTENANCE OF EFFORT.—No grant may

21 be made to a State under subsection (l) or (m) in any

22 fiscal year unless such State enters into such agree23 ments with the Secretary as the Secretary may re24 quire to ensure that such State will maintain its ag25 gregate expenditures from all other sources for the spe-
523

S 1173 OPS

1 cific actions for which a grant is provided at or above

2 the average level of such expenditures in its 2 fiscal

3 years preceding the date of the enactment of this sub4 section.

5 ‘‘(3) MAXIMUM PERIOD OF ELIGIBILITY; FED6 ERAL SHARE FOR GRANTS.—Each grant under sub7 section (l) or (m) shall be available for not more than

8 6 fiscal years beginning in the fiscal year after Sep9 tember 30, 1997, in which the State becomes eligible

10 for the grant. The Federal share payable for any

11 grant under subsection (l) or (m) shall not exceed—

12 ‘‘(A) in the first and second fiscal years in

13 which the State receives the grant, 75 percent of

14 the cost of implementing and enforcing, as ap15 propriate, in such fiscal year a program adopted

16 by the State;

17 ‘‘(B) in the third and fourth fiscal years in

18 which the State receives the grant, 50 percent of

19 the cost of implementing and enforcing, as ap20 propriate, in such fiscal year such program; and

21 ‘‘(C) in the fifth and sixth fiscal years in

22 which the State receives the grant, 25 percent of

23 the cost of implementing and enforcing, as ap24 propriate, in such fiscal year such program.
524

S 1173 OPS

1 ‘‘(l) ALCOHOL-IMPAIRED DRIVING COUNTER2 MEASURES: BASIC GRANT ELIGIBILITY.—The Secretary

3 shall make grants to those States that adopt and implement

4 effective programs to reduce traffic safety problems resulting

5 from persons driving under the influence of alcohol. A State

6 shall become eligible for 1 or more of 3 basic grants under

7 this subsection by adopting or demonstrating the following

8 to the satisfaction of the Secretary:

9 ‘‘(1) BASIC GRANT A.—At least 7 of the follow10 ing:

11 ‘‘(A) .08 BAC PER SE LAW.—A law that

12 provides that any individual with a blood alco13 hol concentration of 0.08 percent or greater while

14 operating a motor vehicle shall be deemed to be

15 driving while intoxicated.

16 ‘‘(B) ADMINISTRATIVE LICENSE REVOCA17 TION.—An administrative driver’s license sus18 pension or revocation system for persons who op19 erate motor vehicles while under the influence of

20 alcohol that requires that—

21 ‘‘(i) in the case of a person who, in

22 any 5-year period beginning after the date

23 of enactment of this subsection, is deter24 mined on the basis of a chemical test to

25 have been operating a motor vehicle under
525

S 1173 OPS

1 the influence of alcohol or is determined to

2 have refused to submit to such a test as pro3 posed by a law enforcement officer, the

4 State agency responsible for administering

5 drivers’ licenses, upon receiving the report

6 of the law enforcement officer—

7 ‘‘(I) shall suspend the driver’s li8 cense of such person for a period of not

9 less than 90 days if such person is a

10 first offender in such 5-year period;

11 and

12 ‘‘(II) shall suspend the driver’s li13 cense of such person for a period of not

14 less than 1 year, or revoke such license,

15 if such person is a repeat offender in

16 such 5-year period; and

17 ‘‘(ii) the suspension and revocation re18 ferred to under subparagraph (A)(i) shall

19 take effect not later than 30 days after the

20 date on which the person refused to submit

21 to a chemical test or received notice of hav22 ing been determined to be driving under the

23 influence of alcohol, in accordance with the

24 State’s procedures.
526

S 1173 OPS

1 ‘‘(C) UNDERAGE DRINKING PROGRAM.—An

2 effective system, as determined by the Secretary,

3 for preventing operators of motor vehicles under

4 age 21 from obtaining alcoholic beverages. Such

5 system shall include the issuance of drivers’ li6 censes to individuals under age 21 that are eas7 ily distinguishable in appearance from drivers’

8 licenses issued to individuals age 21 years of age

9 or older.

10 ‘‘(D) STOPPING MOTOR VEHICLES.—Ei11 ther—

12 ‘‘(i) a statewide program for stopping

13 motor vehicles on a nondiscriminatory, law14 ful basis for the purpose of determining

15 whether the operators of such motor vehicles

16 are driving while under the influence of al17 cohol; or

18 ‘‘(ii) a statewide Special Traffic En19 forcement Program for impaired driving

20 that emphasizes publicity for the program.

21 ‘‘(E) REPEAT OFFENDERS.—Effective sanc22 tions for repeat offenders convicted of driving

23 under the influence of alcohol. Such sanctions, as

24 determined by the Secretary, may include elec25 tronic monitoring; alcohol interlocks; intensive
527

S 1173 OPS

1 supervision of probation; vehicle impoundment,

2 confiscation, or forfeiture; and dedicated deten3 tion facilities.

4 ‘‘(F) GRADUATED LICENSING SYSTEM.—A

5 3-stage graduated licensing system for young

6 drivers that includes nighttime driving restric7 tions during the first 2 stages, requires all vehi8 cle occupants to be properly restrained, and

9 makes it unlawful for a person under age 21 to

10 operate a motor vehicle with a blood alcohol con11 centration of .02 percent or greater.

12 ‘‘(G) DRIVERS WITH HIGH BAC’s.—Pro13 grams to target individuals with high blood alco14 hol concentrations who operate a motor vehicle.

15 Such programs may include implementation of a

16 system of graduated penalties and assessment of

17 individuals convicted of driving under the influ18 ence of alcohol.

19 ‘‘(H) YOUNG ADULT DRINKING PRO20 GRAMS.—Programs to reduce driving while

21 under the influence of alcohol by individuals age

22 21 through 34. Such programs may include

23 awareness campaigns; traffic safety partnerships

24 with employers, colleges, and the hospitality in-
528

S 1173 OPS

1 dustry; assessment of first time offenders; and in2 corporation of treatment into judicial sentencing.

3 ‘‘(I) TESTING FOR BAC.—An effective sys4 tem for increasing the rate of testing for blood al5 cohol concentration of motor vehicle drivers at

6 fault in fatal accidents.

7 ‘‘(2) BASIC GRANT B.—Either of the following:

8 ‘‘(A) ADMINISTRATIVE LICENSE REVOCA9 TION.—An administrative driver’s license sus10 pension or revocation system for persons who op11 erate motor vehicles while under the influence of

12 alcohol which requires that—

13 ‘‘(i) in the case of a person who, in

14 any 5-year period beginning after the date

15 of enactment of this subsection, is deter16 mined on the basis of a chemical test to

17 have been operating a motor vehicle under

18 the influence of alcohol or is determined to

19 have refused to submit to such a test as re20 quested by a law enforcement officer, the

21 State agency responsible for administering

22 drivers’ licenses, upon receiving the report

23 of the law enforcement officer—

24 ‘‘(I) shall suspend the driver’s li25 cense of such person for a period of not
529

S 1173 OPS

1 less than 90 days if such person is a

2 first offender in such 5-year period;

3 and

4 ‘‘(II) shall suspend the driver’s li5 cense of such person for a period of not

6 less than 1 year, or revoke such license,

7 if such person is a repeat offender in

8 such 5-year period; and

9 ‘‘(ii) the suspension and revocation re10 ferred to under subparagraph (A)(i) shall

11 take effect not later than 30 days after the

12 day on which the person refused to submit

13 to a chemical test or receives notice of hav14 ing been determined to be driving under the

15 influence of alcohol, in accordance with the

16 State’s procedures; or

17 ‘‘(B) .08 BAC PER SE LAW.—A law that

18 provides that any person with a blood alcohol

19 concentration of 0.08 percent or greater while

20 operating a motor vehicle shall be deemed to be

21 driving while intoxicated.

22 ‘‘(3) BASIC GRANT C.—Both of the following:

23 ‘‘(A) FATAL IMPAIRED DRIVER PERCENTAGE

24 REDUCTION.—The percentage of fatally injured

25 drivers with 0.10 percent or greater blood alcohol
530

S 1173 OPS

1 concentration in the State has decreased in each

2 of the 3 most recent calendar years for which

3 statistics for determining such percentages are

4 available; and

5 ‘‘(B) FATAL IMPAIRED DRIVER PERCENTAGE

6 COMPARISON.—The percentage of fatally injured

7 drivers with 0.10 percent or greater blood alcohol

8 concentration in the State has been lower than

9 the average percentage for all States in each of

10 such calendar years.

11 ‘‘(4) BASIC GRANT AMOUNT.—The amount of

12 each basic grant under this subsection for any fiscal

13 year shall be up to 15 percent of the amount appor14 tioned to the State for fiscal year 1997 under section

15 402 of this title.

16 ‘‘(5) ALCOHOL-IMPAIRED DRIVING COUNTER17 MEASURES: SUPPLEMENTAL GRANTS.—During the pe18 riod in which a State is eligible for a basic grant

19 under this subsection, the State shall be eligible to re20 ceive a supplemental grant in no more than 2 fiscal

21 years of up to 5 percent of the amount apportioned

22 to the State in fiscal year 1997 under section 402.

23 The State may receive a separate supplemental grant

24 for meeting each of the following criteria:
531

S 1173 OPS

1 ‘‘(A) OPEN CONTAINER LAWS.—The State

2 makes unlawful the possession of any open alco3 holic beverage container, or the consumption of

4 any alcoholic beverage, in the passenger area of

5 any motor vehicle located on a public highway

6 or the right-of-way of a public highway, except—

7 ‘‘(i) as allowed in the passenger area,

8 by a person (other than the driver), of any

9 motor vehicle designed to transport more

10 than 10 passengers (including the driver)

11 while being used to provide charter trans12 portation of passengers; or

13 ‘‘(ii) as otherwise specifically allowed

14 by such State, with the approval of the Sec15 retary, but in no event may the driver of

16 such motor vehicle be allowed to possess or

17 consume an alcoholic beverage in the pas18 senger area.

19 ‘‘(B) MANDATORY BLOOD ALCOHOL CON20 CENTRATION TESTING PROGRAMS.—The State

21 provides for mandatory blood alcohol concentra22 tion testing whenever a law enforcement officer

23 has probable cause under State law to believe

24 that a driver of a motor vehicle involved in a

25 crash resulting in the loss of human life or, as
532

S 1173 OPS

1 determined by the Secretary, serious bodily in2 jury, has committed an alcohol-related traffic of3 fense.

4 ‘‘(C) VIDEO EQUIPMENT FOR DETECTION OF

5 DRUNK DRIVERS.—The State provides for a pro6 gram to acquire video equipment to be used in

7 detecting persons who operate motor vehicles

8 while under the influence of alcohol and in pros9 ecuting those persons, and to train personnel in

10 the use of that equipment.

11 ‘‘(D) BLOOD ALCOHOL CONCENTRATION FOR

12 PERSONS UNDER AGE 21.—The State enacts and

13 enforces a law providing that any person under

14 age 21 with a blood alcohol concentration of 0.02

15 percent or greater when driving a motor vehicle

16 shall be deemed to be driving while intoxicated

17 or driving under the influence of alcohol, and

18 further provides for a minimum suspension of

19 the person’s driver’s license for not less than 30

20 days.

21 ‘‘(E) SELF-SUSTAINING DRUNK DRIVING

22 PREVENTION PROGRAM.—The State provides for

23 a self-sustaining drunk driving prevention pro24 gram under which a significant portion of the

25 fines or surcharges collected from individuals ap-
533

S 1173 OPS

1 prehended and fined for operating a motor vehi2 cle while under the influence of alcohol are re3 turned to those communities which have com4 prehensive programs for the prevention of such

5 operations of motor vehicles.

6 ‘‘(F) REDUCING DRIVING WITH A SUS7 PENDED LICENSE.—The State enacts and en8 forces a law to reduce driving with a suspended

9 license. Such law, as determined by the Sec10 retary, may require a ‘zebra’ stripe that is clear11 ly visible on the license plate of any motor vehi12 cle owned and operated by a driver with a sus13 pended license.

14 ‘‘(G) EFFECTIVE DWI TRACKING SYSTEM.—

15 The State demonstrates an effective driving while

16 intoxicated (DWI) tracking system. Such a sys17 tem, as determined by the Secretary, may in18 clude data covering arrests, case prosecutions,

19 court dispositions and sanctions, and provide for

20 the linkage of such data and traffic records sys21 tems to appropriate jurisdictions and offices

22 within the State.

23 ‘‘(H) ASSESSMENT OF PERSONS CONVICTED

24 OF ABUSE OF CONTROLLED SUBSTANCES; AS25 SIGNMENT OF TREATMENT FOR ALL DWI/DUI OF-
534

S 1173 OPS

1 FENDERS.—The State provides for assessment of

2 individuals convicted of driving while intoxi3 cated or driving under the influence of alcohol or

4 controlled substances, and for the assignment of

5 appropriate treatment.

6 ‘‘(I) USE OF PASSIVE ALCOHOL SENSORS.—

7 The State provides for a program to acquire pas8 sive alcohol sensors to be used by police officers

9 in detecting persons who operate motor vehicles

10 while under the influence of alcohol, and to train

11 police officers in the use of that equipment.

12 ‘‘(J) EFFECTIVE PENALTIES FOR PROVISION

13 OR SALE OF ALCOHOL TO PERSONS UNDER 21.—

14 The State enacts and enforces a law that pro15 vides for effective penalties or other consequences

16 for the sale or provision of alcoholic beverages to

17 any individual under 21 years of age. The Sec18 retary shall determine what penalties are effec19 tive.

20 ‘‘(6) DEFINITIONS.—For the purposes of this

21 subsection, the following definitions apply:

22 ‘‘(A) ‘Alcoholic beverage’ has the meaning

23 such term has under section 158(c).
535

S 1173 OPS

1 ‘‘(B) ‘Controlled substances’ has the mean2 ing such term has under section 102(6) of the

3 Controlled Substances Act (21 U.S.C. 802(6)).

4 ‘‘(C) ‘Motor vehicle’ means a vehicle driven

5 or drawn by mechanical power and manufac6 tured primarily for use on public streets, roads,

7 and highways, but does not include a vehicle op8 erated only on a rail line.

9 ‘‘(D) ‘Open alcoholic beverage container’

10 means any bottle, can, or other receptacle—

11 ‘‘(i) that contains any amount of an

12 alcoholic beverage; and

13 ‘‘(ii)(I) that is open or has a broken

14 seal, or

15 ‘‘(II) the contents of which are par16 tially removed.

17 ‘‘(m) STATE HIGHWAY SAFETY DATA IMPROVE18 MENTS.—The Secretary shall make a grant to a State that

19 takes effective actions to improve the timeliness, accuracy,

20 completeness, uniformity, and accessibility of the State’s

21 data needed to identify priorities within State and local

22 highway and traffic safety programs, to evaluate the effec23 tiveness of such efforts, and to link these State data systems,

24 including traffic records, together and with other data sys-
536

S 1173 OPS

1 tems within the State, such as systems that contain medical

2 and economic data:

3 ‘‘(1) FIRST-YEAR GRANT ELIGIBILITY.—A State

4 is eligible for a first-year grant under this subsection

5 in a fiscal year if such State either:

6 ‘‘(A) Demonstrates, to the satisfaction of the

7 Secretary, that it has—

8 ‘‘(i) established a Highway Safety

9 Data and Traffic Records Coordinating

10 Committee with a multidisciplinary mem11 bership including the administrators, collec12 tors, and users of such data (including the

13 public health, injury control, and motor

14 carrier communities) of highway safety and

15 traffic records databases;

16 ‘‘(ii) completed within the preceding 5

17 years a highway safety data and traffic

18 records assessment or audit of its highway

19 safety data and traffic records system; and

20 ‘‘(iii) initiated the development of a

21 multiyear highway safety data and traffic

22 records strategic plan to be approved by the

23 Highway Safety Data and Traffic Records

24 Coordinating Committee that identifies and

25 prioritizes its highway safety data and traf-
537

S 1173 OPS

1 fic records needs and goals, and that identi2 fies performance-based measures by which

3 progress toward those goals will be deter4 mined; or

5 ‘‘(B) provides, to the satisfaction of the Sec6 retary—

7 ‘‘(i) certification that it has met the

8 provisions outlined in clauses (i) and (ii) of

9 subparagraph (A);

10 ‘‘(ii) a multiyear plan that identifies

11 and prioritizes the State’s highway safety

12 data and traffic records needs and goals,

13 that specifies how its incentive funds for the

14 fiscal year will be used to address those

15 needs and the goals of the plan, and that

16 identifies performance-based measures by

17 which progress toward those goals will be

18 determined; and

19 ‘‘(iii) certification that the Highway

20 Safety Data and Traffic Records Coordinat21 ing Committee continues to operate and

22 supports the multiyear plan described in

23 clause (ii).

24 ‘‘(2) FIRST-YEAR GRANT AMOUNT.—The amount

25 of a first-year grant made for State highway safety
538

S 1173 OPS

1 data and traffic records improvements for any fiscal

2 year to any State eligible for such a grant under

3 paragraph (1)(A) shall equal $1,000,000, subject to

4 the availability of appropriations, and for any State

5 eligible for such a grant under paragraph (1)(B) of

6 this subsection shall equal a proportional amount of

7 the amount apportioned to the State for fiscal year

8 1997 under section 402, except that no State shall re9 ceive less than $250,000, subject to the availability of

10 appropriations. The Secretary may award a grant of

11 up to $25,000 for 1 year to any State that does not

12 meet the criteria established in paragraph (1). The

13 grant may only be used to conduct activities needed

14 to enable that State to qualify for first-year funding

15 to begin in the next fiscal year.

16 ‘‘(3) STATE HIGHWAY SAFETY DATA AND TRAF17 FIC RECORDS IMPROVEMENTS; SUCCEEDING-YEAR

18 GRANTS.—A State shall be eligible for a grant in any

19 fiscal year succeeding the first fiscal year in which

20 the State receives a State highway safety data and

21 traffic records grant if the State, to the satisfaction

22 of the Secretary:

23 ‘‘(A) Submits or updates a multiyear plan

24 that identifies and prioritizes the State’s high25 way safety data and traffic records needs and
539

S 1173 OPS

1 goals, that specifies how its incentive funds for

2 the fiscal year will be used to address those needs

3 and the goals of the plan, and that identifies

4 performance-based measures by which progress

5 toward those goals will be determined.

6 ‘‘(B) Certifies that its Highway Safety

7 Data and Traffic Records Coordinating Commit8 tee continues to support the multiyear plan.

9 ‘‘(C) Reports annually on its progress in

10 implementing the multi-year plan.

11 ‘‘(4) SUCCEEDING-YEAR GRANT AMOUNTS.—The

12 amount of a succeeding-year grant made for State

13 highway safety data and traffic records improvements

14 for any fiscal year to any State that is eligible for

15 such a grant shall equal a proportional amount of the

16 amount apportioned to the State for fiscal year 1997

17 under section 402, except that no State shall receive

18 less than $225,000, subject to the availability of ap19 propriations.’’.

20 (g) OCCUPANT PROTECTION PROGRAM.—

21 (1) IN GENERAL.—Section 410 of title 23,

22 United States Code, is amended to read as follows:

23 ‘‘§ 410. Safety belts and occupant protection programs

24 ‘‘(a) IN GENERAL.—The Secretary shall make basic

25 grants to those States that adopt and implement effective
540

S 1173 OPS

1 programs to reduce highway deaths and injuries resulting

2 from persons riding unrestrained or improperly restrained

3 in motor vehicles. A State may establish its eligibility for

4 1 or both of the grants by adopting or demonstrating the

5 following to the satisfaction of the Secretary:

6 ‘‘(1) BASIC GRANT A.—At least 4 of the follow7 ing:

8 ‘‘(A) SAFETY BELT USE LAW FOR ALL

9 FRONT SEAT OCCUPANTS.—The State has in ef10 fect a safety belt use law that makes unlawful

11 throughout the State the operation of a passenger

12 motor vehicle whenever a person in the front seat

13 of the vehicle (other than a child who is secured

14 in a child restraint system) does not have a safe15 ty belt properly secured about the person’s body.

16 ‘‘(B) PRIMARY SAFETY BELT USE LAW.—

17 The State provides for primary enforcement of

18 its safety belt use law.

19 ‘‘(C) CHILD PASSENGER PROTECTION LAW;

20 PUBLIC AWARENESS PROGRAM.—The State has

21 in effect—

22 ‘‘(i) a law that requires minors who

23 are riding in a passenger motor vehicle to

24 be properly secured in a child safety seat or

25 other appropriate restraint system; and
541

S 1173 OPS

1 ‘‘(ii) an effective public awareness pro2 gram that advocates placing passengers

3 under the age of 13 in the back seat of a

4 motor vehicle equipped with a passenger5 side air bag whenever possible.

6 ‘‘(D) CHILD OCCUPANT PROTECTION EDU7 CATION PROGRAM.—The State demonstrates im8 plementation of a statewide comprehensive child

9 occupant protection education program that in10 cludes education about proper seating positions

11 for children in air bag equipped motor vehicles

12 and instruction on how to reduce the improper

13 use of child restraints systems. The States are to

14 submit to the Secretary an evaluation or report

15 on the effectiveness of the programs at least 3

16 years after receipt of the grant.

17 ‘‘(E) MINIMUM FINES.—The State requires

18 a minimum fine of at least $25 for violations of

19 its safety belt use law and a minimum fine of

20 at least $25 for violations of its child passenger

21 protection law.

22 ‘‘(F) SPECIAL TRAFFIC ENFORCEMENT PRO23 GRAM.—The State demonstrates implementation

24 of a statewide Special Traffic Enforcement Pro-
542

S 1173 OPS

1 gram for occupant protection that emphasizes

2 publicity for the program.

3 ‘‘(2) BASIC GRANT B.—Both of the following:

4 ‘‘(A) STATE SAFETY BELT USE RATE.—The

5 State demonstrates a statewide safety belt use

6 rate in both front outboard seating positions in

7 all passenger motor vehicles of 80 percent or

8 higher in each of the first 3 years a grant under

9 this paragraph is received, and of 85 percent or

10 higher in each of the fourth, fifth, and sixth

11 years a grant under this paragraph is received.

12 ‘‘(B) SURVEY METHOD.—The State follows

13 safety belt use survey methods which conform to

14 guidelines issued by the Secretary ensuring that

15 such measurements are accurate and representa16 tive.

17 ‘‘(3) BASIC GRANT AMOUNT.—The amount of

18 each basic grant for which a State qualifies under

19 this subsection for any fiscal year shall equal up to

20 20 percent of the amount apportioned to the State for

21 fiscal year 1997 under section 402.

22 ‘‘(4) OCCUPANT PROTECTION PROGRAM: SUPPLE23 MENTAL GRANTS.—During the period in which a

24 State is eligible for a basic grant under this sub25 section, the State shall be eligible to receive a supple-
543

S 1173 OPS

1 mental grant in a fiscal year of up to 5 percent of

2 the amount apportioned to the State in fiscal year

3 1997 under section 402. The State may receive a sep4 arate supplemental grant for meeting each of the fol5 lowing criteria:

6 ‘‘(A) PENALTY POINTS AGAINST A DRIVER’S

7 LICENSE FOR VIOLATIONS OF CHILD PASSENGER

8 PROTECTION REQUIREMENTS.—The State has in

9 effect a law that requires the imposition of pen10 alty points against a driver’s license for viola11 tions of child passenger protection requirements.

12 ‘‘(B) ELIMINATION OF NONMEDICAL EXEMP13 TIONS TO SAFETY BELT AND CHILD PASSENGER

14 PROTECTION LAWS.—The State has in effect safe15 ty belt and child passenger protection laws that

16 contain no nonmedical exemptions.

17 ‘‘(C) SAFETY BELT USE IN REAR SEATS.—

18 The State has in effect a law that requires safety

19 belt use by all rear-seat passengers in all pas20 senger motor vehicles with a rear seat.

21 ‘‘(5) DEFINITIONS.—As used in this subsection,

22 the term—

23 ‘‘(A) ‘child safety seat’ means any device ex24 cept safety belts, designed for use in a motor ve-
544

S 1173 OPS

1 hicle to restrain, seat, or position children who

2 weigh 50 pounds or less;

3 ‘‘(B) ‘motor vehicle’ means a vehicle driven

4 or drawn by mechanical power and manufac5 tured primarily for use on public streets, roads,

6 and highways, but does not include a vehicle op7 erated only on a rail line;

8 ‘‘(C) ‘multipurpose passenger vehicle’ means

9 a motor vehicle with motive power (except a

10 trailer), designed to carry not more than 10 in11 dividuals, that is constructed either on a truck

12 chassis or with special features for occasional off13 road operation;

14 ‘‘(D) ‘passenger car’ means a motor vehicle

15 with motive power (except a multipurpose pas16 senger vehicle, motorcycle, or trailer) designed to

17 carry not more than 10 individuals.

18 ‘‘(E) ‘passenger motor vehicle’ means a pas19 senger car or a multipurpose passenger motor ve20 hicle; and

21 ‘‘(F) ‘safety belt’ means—

22 ‘‘(i) with respect to open-body pas23 senger vehicles, including convertibles, an

24 occupant restraint system consisting of a
545

S 1173 OPS

1 lap belt or a lap belt and a detachable

2 shoulder belt; and

3 ‘‘(ii) with respect to other passenger ve4 hicles, an occupant restraint system consist5 ing of integrated lap and shoulder belts.

6 ‘‘(b) CHILD OCCUPANT PROTECTION EDUCATION

7 GRANTS.—

8 ‘‘(1) DEFINITIONS.—In this subsection:

9 ‘‘(A) COVERED CHILD OCCUPANT PROTEC10 TION EDUCATION PROGRAM.—The term ‘covered

11 child occupant protection education program’

12 means a program described in subsection

13 (a)(1)(D).

14 ‘‘(B) COVERED STATE.—The term ‘covered

15 State’ means a State that demonstrates the im16 plementation of a program described in sub17 section (a)(1)(D).

18 ‘‘(2) CHILD PASSENGER EDUCATION.—

19 ‘‘(A) GRANTS.—

20 ‘‘(i) IN GENERAL.—Subject to the

21 availability of appropriations, the Secretary

22 may make a grant to a covered State that

23 submits an application, in such form and

24 manner as the Secretary may prescribe,

25 that is approved by the Secretary to carry
546

S 1173 OPS

1 out the activities specified in subparagraph

2 (B) through—

3 ‘‘(I) the covered child occupant

4 protection program of the State; and

5 ‘‘(II) at the option of the State, a

6 grant program established by the State

7 to provide for the carrying out of 1 or

8 more of the activities specified in sub9 paragraph (B) by a political subdivi10 sion of the State or an appropriate

11 private entity.

12 ‘‘(ii) GRANT AWARDS.—The Secretary

13 may make a grant under this subsection

14 without regard to whether a covered State is

15 eligible to receive, or has received, a grant

16 under subsection (a).

17 ‘‘(B) USE OF FUNDS.—Funds provided to a

18 State under a grant under this subsection shall

19 be used to implement child restraint programs

20 that—

21 ‘‘(i) are designed to prevent deaths and

22 injuries to children under the age of 9; and

23 ‘‘(ii) educate the public concerning—

24 ‘‘(I) all aspects of the proper in25 stallation of child restraints using
547

S 1173 OPS

1 standard seatbelt hardware, supple2 mental hardware, and modification de3 vices (if needed), including special in4 stallation techniques; and

5 ‘‘(II)(aa) appropriate child re6 straint design selection and placement

7 and; and

8 ‘‘(bb) harness threading and har9 ness adjustment; and

10 ‘‘(iii) train and retrain child pas11 senger safety professionals, police officers,

12 fire and emergency medical personnel, and

13 other educators concerning all aspects of

14 child restraint use.

15 ‘‘(C) REPORTS.—

16 ‘‘(i) IN GENERAL.—The appropriate of17 ficial of each State that receives a grant

18 under this subsection shall prepare, and

19 submit to the Secretary, an annual report

20 for the period covered by the grant.

21 ‘‘(ii) REQUIREMENTS FOR REPORTS.—

22 A report described in clause (i) shall—

23 ‘‘(I) contain such information as

24 the Secretary may require; and
548

S 1173 OPS

1 ‘‘(II) at a minimum, describe the

2 program activities undertaken with the

3 funds made available under the grant.

4 ‘‘(D) REPORT TO CONGRESS.—Not later

5 than 1 year after the date of enactment of the

6 Intermodal Surface Transportation Efficiency

7 Act of 1998, and annually thereafter, the Sec8 retary shall prepare, and submit to Congress, a

9 report on the implementation of this subsection

10 that includes a description of the programs un11 dertaken and materials developed and distrib12 uted by the States that receive grants under this

13 subsection.

14 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

15 There are authorized to be appropriated to the De16 partment of Transportation to carry out this sub17 section, $7,500,000 for each of fiscal years 1999 and

18 2000.’’.

19 (2) CONFORMING AMENDMENT.—The chapter

20 analysis for chapter 4 of that title is amended by

21 striking the item relating to section 410 and inserting

22 the following:

‘‘410. Safety belts and occupant protection programs.’’.

23 (h) DRUGGED DRIVER RESEARCH AND DEMONSTRA24 TION PROGRAM.—Section 403(b) of title 23, United States

25 Code, is amended—
549

S 1173 OPS

1 (1) by inserting ‘‘(1)’’ before ‘‘In addition’’;

2 (2) by striking ‘‘is authorized to’’ and inserting

3 ‘‘shall’’;

4 (3) by redesignating paragraphs (1) and (2) as

5 subparagraphs (A) and (B); and

6 (4) by inserting after subparagraph (B), as re7 designated, the following:

8 ‘‘(C) Measures that may deter drugged driving.’’.

9 SEC. 3102. NATIONAL DRIVER REGISTER.

10 (a) TRANSFER OF SELECTED FUNCTIONS TO NON11 FEDERAL MANAGEMENT.—Section 30302 is amended by

12 adding at the end the following:

13 ‘‘(e) TRANSFER OF SELECTED FUNCTIONS TO NON14 FEDERAL MANAGEMENT.—

15 ‘‘(1) The Secretary may enter into an agreement

16 with an organization that represents the interests of

17 the States to manage, administer, and operate the

18 National Driver Register’s computer timeshare and

19 user assistance functions. If the Secretary decides to

20 enter into such an agreement, the Secretary shall en21 sure that the management of these functions is com22 patible with this chapter and the regulations issued to

23 implement this chapter.

24 ‘‘(2) Any transfer of the National Driver Reg25 ister’s computer timeshare and user assistance func-
550

S 1173 OPS

1 tions to an organization that represents the interests

2 of the States shall begin only after a determination is

3 made by the Secretary that all States are participat4 ing in the National Driver Register’s ‘Problem Driver

5 Pointer System’ (the system used by the Register to

6 effect the exchange of motor vehicle driving records),

7 and that the system is functioning properly.

8 ‘‘(3) The agreement entered into under this sub9 section shall include a provision for a transition pe10 riod sufficient to allow the States to make the budg11 etary and legislative changes they may need to pay

12 fees charged by the organization representing their in13 terests for their use of the National Driver Register’s

14 computer timeshare and user assistance functions.

15 During this transition period, the Secretary (through

16 the National Highway Traffic Safety Administration)

17 shall continue to fund these transferred functions.

18 ‘‘(4) The total of the fees charged by the organi19 zation representing the interests of the States in any

20 fiscal year for the use of the National Driver Reg21 ister’s computer timeshare and user assistance func22 tions shall not exceed the total cost to the organization

23 for performing these functions in such fiscal year.
551

S 1173 OPS

1 ‘‘(5) Nothing in this subsection shall be construed

2 to diminish, limit, or otherwise affect the authority of

3 the Secretary to carry out this chapter.’’.

4 (b) ACCESS TO REGISTER INFORMATION.—Section

5 30305(b) is amended by—

6 (1) by striking ‘‘request.’’ in paragraph (2) and

7 inserting the following: ‘‘request, unless the informa8 tion is about a revocation or suspension still in effect

9 on the date of the request’’;

10 (2) by inserting after paragraph (6) the follow11 ing:

12 ‘‘(7) The head of a Federal department or agency

13 that issues motor vehicle operator’s licenses may re14 quest the chief driver licensing official of a State to

15 obtain information under subsection (a) about an in16 dividual applicant for a motor vehicle operator’s li17 cense from such department or agency. The depart18 ment or agency may receive the information, provided

19 it transmits to the Secretary a report regarding any

20 individual who is denied a motor vehicle operator’s

21 license by that department or agency for cause; whose

22 motor vehicle operator’s license is revoked, suspended,

23 or canceled by that department or agency for cause;

24 or about whom the department or agency has been no25 tified of a conviction of any of the motor vehicle-relat-
552

S 1173 OPS

1 ed offenses or comparable offenses listed in section

2 30304(a)(3) and over whom the department or agency

3 has licensing authority. The report shall contain the

4 information specified in section 30304(b).

5 ‘‘(8) The head of a Federal department or agency

6 authorized to receive information regarding an indi7 vidual from the Register under this section may re8 quest and receive such information from the Sec9 retary.’’;

10 (3) by redesignating paragraphs (7) and (8) as

11 paragraphs (9) and (10), respectively; and

12 (4) by striking ‘‘paragraph (2)’’ in paragraph

13 (10), as redesignated, and inserting ‘‘subsection (a)’’.

14 SEC. 3103. AUTHORIZATIONS OF APPROPRIATIONS.

15 The following sums are authorized to be appropriated

16 out of the Highway Trust Fund (other than the Mass Tran17 sit Account):

18 (1) CONSOLIDATED STATE HIGHWAY SAFETY

19 PROGRAMS.—

20 (A) For carrying out the State and Com21 munity Highway Safety Program under section

22 402 of title 23, United States Code, by the Na23 tional Highway Traffic Safety Administration,

24 except for the incentive programs under sub25 sections (l) and (m) of that section—
553

S 1173 OPS

1 (i) $117,858,000 for fiscal year 1998;

2 (ii) $123,492,000 for fiscal year 1999;

3 (iii) $126,877,000 for fiscal year 2000;

4 (iv) $130,355,000 for fiscal year 2001;

5 (v) $133,759,000 for fiscal year 2002;

6 and

7 (vi) $141,803,000 for fiscal year 2003.

8 (B) To carry out the alcohol-impaired driv9 ing countermeasures incentive grant provisions

10 of section 402(l) of title 23, United States Code,

11 by the National Highway Traffic Safety Admin12 istration—

13 (i) $30,570,000 for fiscal year 1998;

14 (ii) $28,500,000 for fiscal year 1999;

15 (iii) $29,273,000 for fiscal year 2000;

16 (iv) $30,065,000 for fiscal year 2001;

17 (v) $38,743,000 for fiscal year 2002;

18 and

19 (vi) $39,815,000 for fiscal year 2003.

20 Amounts made available to carry out section

21 402(l) of title 23, United States Code, are au22 thorized to remain available until expended, pro23 vided that, in each fiscal year the Secretary may

24 reallocate any amounts remaining available

25 under section 402(l) of section 402 of title 23,
554

S 1173 OPS

1 United States Code, as necessary to ensure, to

2 the maximum extent possible, that States may

3 receive the maximum incentive funding for

4 which they are eligible under these programs.

5 (C) To carry out the occupant protection

6 program incentive grant provisions of section

7 410 of title 23, United States Code, by the Na8 tional Highway Traffic Safety Administration—

9 (i) $13,950,000 for fiscal year 1998;

10 (ii) $14,618,000 for fiscal year 1999;

11 (iii) $15,012,000 for fiscal year 2000;

12 (iv) $15,418,000 for fiscal year 2001;

13 (v) $17,640,000 for fiscal year 2002;

14 and

15 (vi) $17,706,000 for fiscal year 2003.

16 Amounts made available to carry out section 410

17 of title 23, United States Code, are authorized to

18 remain available until expended, provided that,

19 in each fiscal year the Secretary may reallocate

20 any amounts remaining available under section

21 410 of title 23, United States Code, to sub22 sections (l) and (m) of section 402 of title 23,

23 United States Code, as necessary to ensure, to

24 the maximum extent possible, that States may
555

S 1173 OPS

1 receive the maximum incentive funding for

2 which they are eligible under these programs.

3 (D) To carry out the State highway safety

4 data improvements incentive grant provisions of

5 section 402(m) of title 23, United States Code,

6 by the National Highway Traffic Safety Admin7 istration—

8 (i) $8,370,000 for fiscal year 1998;

9 (ii) $8,770,000 for fiscal year 1999;

10 (iii) $9,007,000 for fiscal year 2000;

11 and

12 (iv) $9,250,000 for fiscal year 2001.

13 Amounts made available to carry out section

14 402(m) of title 23, United States Code, are au15 thorized to remain available until expended.

16 (E) To carry out the drugged driving re17 search and demonstration programs of section

18 403(b)(1) of title 23, United States Code, by the

19 National Highway Traffic Safety Administra20 tion, $2,000,000 for each of fiscal years 1999,

21 2000, 2001, 2002, and 2003.

22 (2) SECTION 403 HIGHWAY SAFETY AND RE23 SEARCH.—For carrying out the functions of the Sec24 retary, by the National Highway Traffic Safety Ad25 ministration, for highway safety under section 403 of
556

S 1173 OPS

1 title 23, United States Code, there are authorized to

2 be appropriated $60,100,000 for each of fiscal years

3 1998, 1999, 2000, 2001, and 2002, and $61,700,000

4 for fiscal year 2003.

5 (3) PUBLIC EDUCATION EFFORT.—Out of funds

6 made available for carrying out programs under sec7 tion 403 of title 23, United States Code, for each of

8 fiscal years 1998, 1999, 2000, 2001, 2002, and 2003,

9 the Secretary of Transportation shall obligate at least

10 $500,000 to educate the motoring public on how to

11 share the road safely with commercial motor vehicles.

12 (4) NATIONAL DRIVER REGISTER.—For carrying

13 out chapter 303 (National Driver Register) of title 49,

14 United States Code, by the National Highway Traffic

15 Safety Administration—

16 (A) $1,605,000 for fiscal year 1998;

17 (B) $1,680,000 for fiscal year 1999;

18 (C) $1,726,000 for fiscal year 2000;

19 (D) $1,772,000 for fiscal year 2001;

20 (E) $1,817,000 for fiscal year 2002; and

21 (F) $1,872,000 for fiscal year 2003.

22 SEC. 3104. MOTOR VEHICLE PURSUIT PROGRAM.

23 (a) MOTOR VEHICLE PURSUIT PROGRAM.—
557

S 1173 OPS

1 (1) TRAINING.—Section 403(b)(1) of title 23,

2 United States Code, as amended by section 3101(h),

3 is amended by adding at the end thereof the following:

4 ‘‘(D) Programs to train law enforcement of5 ficers on motor vehicle pursuits conducted by law

6 enforcement officers.’’.

7 (2) FUNDING.—Out of amounts appropriated to

8 carry out section 403 of title 23, United States Code,

9 the Secretary of Transportation may use such

10 amounts as may be necessary to carry out the motor

11 vehicle pursuit training program of section

12 403(b)(1)(D) of title 23, United States Code, but not

13 in excess of $1,000,000 for each of fiscal years 1999,

14 2000, 2001, 2002, and 2003.

15 (b) REPORT OF FEDERAL POLICIES AND PROCE16 DURES.—Not later than 180 days after the date of enact17 ment of this Act, the Attorney General of the United States,

18 the Secretary of Agriculture, the Secretary of the Interior,

19 the Secretary of the Treasury, the Chief of Capitol Police,

20 and the Administrator of General Services shall each trans21 mit to Congress a report containing—

22 (1) the policy of the department or agency head23 ed by that individual concerning motor vehicle pur24 suits by law enforcement officers of that department

25 or agency; and
558

S 1173 OPS

1 (2) a description of the procedures that the de2 partment or agency uses to train law enforcement of3 ficers in the implementation of the policy referred to

4 in paragraph (1).

5 SEC. 3105. ENFORCEMENT OF WINDOW GLAZING STAND6 ARDS FOR LIGHT TRANSMISSION.

7 Section 402(a) of title 23, United States Code, is

8 amended by striking ‘‘post-accident procedures.’’ and in9 serting ‘‘post-accident procedures, including the enforce10 ment of light transmission standards of glazing for pas11 senger motor vehicles and light trucks as necessary to im12 prove highway safety.’’.

13 SEC. 3106. IMPROVING AIR BAG SAFETY.

14 (a) SUSPENSION OF UNBELTED BARRIER TESTING.—

15 The provision in Federal Motor Vehicle Safety Standard

16 No. 208, Occupant crash protection, 49 CFR 571.208, that

17 requires air bag-equipped vehicles to be crashed into a bar18 rier using unbelted 50th percentile adult male dummies is

19 suspended until either the rule issued under subsection (b)

20 goes into effect or, prior to the effective date of the rule,

21 the Secretary of Transportation, after reporting to the Com22 merce Committee of the House of Representatives, and the

23 Committee on Commerce, Science, and Transportation of

24 the Senate, determines by rule that restoring the test is nec25 essary to accomplish the purposes of subsection (b).
559

S 1173 OPS

1 (b) RULEMAKING TO IMPROVE AIR BAGS.—

2 (1) NOTICE OF PROPOSED RULEMAKING.—Not

3 later than June 1, 1998, the Secretary of Transpor4 tation shall issue a notice of proposed rulemaking to

5 improve the occupant protection for all occupants

6 provided by Federal Motor Vehicle Safety Standard

7 No. 208, while minimizing the risk to infants, chil8 dren, and other occupants from injuries and deaths

9 caused by air bags, by means that include advanced

10 air bags.

11 (2) FINAL RULE.—The Secretary shall complete

12 the rulemaking required by this subsection by issuing,

13 not later than June 1, 1999, a final rule consistent

14 with paragraph (1). If the Secretary determines that

15 the final rule cannot be completed by that date to

16 meet the purposes of paragraph (1), and advises the

17 Congress of the reasons for this determination, the

18 Secretary may extend the date for issuing the final

19 rule by not more than one year. The Congress may,

20 by joint resolution, grant a further extension of the

21 date for issuing a final rule.

22 (3) METHODS TO ENSURE PROTECTION.—Not23 withstanding subsection (a) of this section, the rule

24 required by paragraph (2) may include such tests, in25 cluding tests with dummies of different sizes, as the
560

S 1173 OPS

1 Secretary determines to be reasonable, practicable,

2 and appropriate to meet the purposes of paragraph

3 (1).

4 (4) EFFECTIVE DATE.—The final rule issued

5 under this subsection shall become effective in phases

6 as rapidly as practicable, beginning not earlier than

7 September 1, 2001, and not later than September 1,

8 2002, and shall become effective not later than Sep9 tember 1, 2005, for all motor vehicles in which air

10 bags are required to be installed. If the Secretary de11 termines that the September 1, 2005, effective date is

12 not practicable to meet the purposes of paragraph (1),

13 the Secretary may extend the effective date for not

14 more than one year. The Congress may, by joint reso15 lution, grant a further extension of the effective date.

16 (c) REPORT ON AIR BAG IMPROVEMENTS.—Not later

17 than 6 months after the enactment of this section, the Sec18 retary of Transportation shall report to Congress on the de19 velopment of technology to improve the protection given by

20 air bags and reduce the risks from air bags. To the extent

21 possible, the report shall describe the performance character22 istics of advanced air bag devices, their estimated cost, their

23 estimated benefits, and the time within which they could

24 be installed in production vehicles.
561

S 1173 OPS

1 SEC. 3107. ROADSIDE SAFETY TECHNOLOGIES.

2 (a) CRASH CUSHIONS.—

3 (1) GUIDANCE.—The Secretary shall initiate and

4 issue a guidance regarding the benefits and safety

5 performance of redirective and nonredirective crash

6 cushions in different road applications, taking into

7 consideration roadway conditions, operating speed

8 limits, the location of the crash cushion in the right9 of-way, and any other relevant factors. The guidance

10 shall include recommendations on the most appro11 priate circumstances for utilization of redirective and

12 nonredirective crash cushions.

13 (2) USE OF GUIDANCE.—States shall use the

14 guidance issued under this subsection in evaluating

15 the safety and cost-effectiveness of utilizing different

16 crash cushion designs and determining whether re17 directive or nonredirective crash cushions or other

18 safety appurtenances should be installed at specific

19 highway locations.

20 Subtitle B—Hazardous Materials

21 Transportation Reauthorization

22 SEC. 3201. FINDINGS AND PURPOSES; DEFINITIONS.

23 (a) FINDINGS AND PURPOSES.—Section 5101 is

24 amended to read as follows:
562

S 1173 OPS

1 ‘‘§ 5101. Findings and purposes

2 ‘‘(a) FINDINGS.—Congress finds with respect to haz3 ardous materials transportation that—

4 ‘‘(1) approximately 4,000,000,000 tons of regu5 lated hazardous materials are transported each year

6 and that approximately 1,000,000 movements of haz7 ardous materials occur each day, according to De8 partment of Transportation estimates;

9 ‘‘(2) accidents involving the release of hazardous

10 materials are a serious threat to public health and

11 safety;

12 ‘‘(3) many States and localities have enacted

13 laws and regulations that vary from Federal laws

14 and regulations pertaining to the transportation of

15 hazardous materials, thereby creating the potential

16 for unreasonable hazards in other jurisdictions and

17 confounding shippers and carriers that attempt to

18 comply with multiple and conflicting registration,

19 permitting, routings, notification, loading, unloading,

20 incidental storage, and other regulatory requirements;

21 ‘‘(4) because of the potential risks to life, prop22 erty and the environment posed by unintentional re23 leases of hazardous materials, consistency in laws and

24 regulations governing the transportation of hazardous

25 materials, including loading, unloading, and inciden26 tal storage, is necessary and desirable;
563

S 1173 OPS

1 ‘‘(5) in order to achieve greater uniformity and

2 to promote the public health, welfare, and safety at all

3 levels, Federal standards for regulating the transpor4 tation of hazardous materials in intrastate, interstate,

5 and foreign commerce are necessary and desirable;

6 ‘‘(6) in order to provide reasonable, adequate,

7 and cost-effective protection from the risks posed by

8 the transportation of hazardous materials, a network

9 of adequately trained State and local emergency re10 sponse personnel is required;

11 ‘‘(7) the movement of hazardous materials in

12 commerce is necessary and desirable to maintain eco13 nomic vitality and meet consumer demands, and shall

14 be conducted in a safe and efficient manner;

15 ‘‘(8) primary authority for the regulation of such

16 transportation should be consolidated in the Depart17 ment of Transportation to ensure the safe and effi18 cient movement of hazardous materials in commerce;

19 and

20 ‘‘(9) emergency response personnel have a con21 tinuing need for training on responses to releases of

22 hazardous materials in transportation and small

23 businesses have a continuing need for training on

24 compliance with hazardous materials regulations.

25 ‘‘(b) PURPOSES.—The purposes of this chapter are—
564

S 1173 OPS

1 ‘‘(1) to ensure the safe and efficient transpor2 tation of hazardous materials in intrastate, interstate,

3 and foreign commerce, including the loading, unload4 ing, and incidental storage of hazardous material;

5 ‘‘(2) to provide the Secretary with preemption

6 authority to achieve uniform regulation of hazardous

7 material transportation, to eliminate inconsistent

8 rules that apply differently from Federal rules, to en9 sure efficient movement of hazardous materials in

10 commerce, and to promote the national health, wel11 fare, and safety; and

12 ‘‘(3) to provide adequate training for public sec13 tor emergency response teams to ensure safe responses

14 to hazardous material transportation accidents and

15 incidents.’’.

16 (b) DEFINITIONS.—Section 5102 is amended by—

17 (1) by striking paragraph (1) and inserting the

18 following:

19 ‘‘(1) ‘commerce’ means trade or transportation

20 in the jurisdiction of the United States—

21 ‘‘(A) between a place in a State and a place

22 outside of the State;

23 ‘‘(B) that affects trade or transportation be24 tween a place in a State and a place outside of

25 the State; or
565

S 1173 OPS

1 ‘‘(C) on a United States-registered air2 craft.’’;

3 (2) by striking paragraphs (3) and (4) and in4 serting the following:

5 ‘‘(3) ‘hazmat employee’ means an individual

6 who—

7 ‘‘(A) is—

8 ‘‘(i) employed by a hazmat employer,

9 ‘‘(ii) self-employed, or

10 ‘‘(iii) an owner-operator of a motor ve11 hicle; and

12 ‘‘(B) during the course of employment—

13 ‘‘(i) loads, unloads, or handles hazard14 ous material;

15 ‘‘(ii) manufactures, reconditions, or

16 tests containers, drums, or other packagings

17 represented as qualified for use in trans18 porting hazardous material;

19 ‘‘(iii) performs any function pertain20 ing to the offering of hazardous material for

21 transportation;

22 ‘‘(iv) is responsible for the safety of

23 transporting hazardous material; or

24 ‘‘(v) operates a vehicle used to trans25 port hazardous material.
566

S 1173 OPS

1 ‘‘(4) ‘hazmat employer’ means a person who—

2 ‘‘(A) either—

3 ‘‘(i) is self-employed,

4 ‘‘(ii) is an owner-operator of a motor

5 vehicle, or

6 ‘‘(iii) has at least 1 employee; and

7 ‘‘(B) performs a function, or uses at least 1

8 employee, in connection with—

9 ‘‘(i) transporting hazardous material

10 in commerce;

11 ‘‘(ii) causing hazardous material to be

12 transported in commerce, or

13 ‘‘(iii) manufacturing, reconditioning,

14 or testing containers, drums, or other pack15 agings represented as qualified for use in

16 transporting hazardous material.’’;

17 (3) by striking ‘‘title.’’ in paragraph (7) and in18 serting ‘‘title, except that a freight forwarder is in19 cluded only if performing a function related to high20 way transportation.’’;

21 (4) by redesignating paragraphs (9) through (13)

22 as paragraphs (12) through (16), respectively;

23 (5) by inserting after paragraph (8) the follow24 ing:
567

S 1173 OPS

1 ‘‘(9) ‘out-of-service order’ means a mandate that

2 an aircraft, vessel, motor vehicle, train, other vehicle,

3 or a part of any of these, not be moved until specified

4 conditions have been met.

5 ‘‘(10) ‘package’ or ‘outside package’ means a

6 packaging plus its contents.

7 ‘‘(11) ‘packaging’ means a receptacle and any

8 other components or materials necessary for the recep9 tacle to perform its containment function in conform10 ance with the minimum packaging requirements es11 tablished by the Secretary of Transportation.’’; and

12 (6) by striking ‘‘or transporting hazardous mate13 rial to further a commercial enterprise;’’ in para14 graph (12)(A), as redesignated by paragraph (4) of

15 this subsection, and inserting ‘‘, and transporting

16 hazardous material to further a commercial enter17 prise, or manufacturing, reconditioning, or testing

18 containers, drums, or other packagings represented as

19 qualified for use in transporting hazardous material’’.

20 (c) CLERICAL AMENDMENT.—The chapter analysis of

21 chapter 51 is amended by striking the item relating to sec22 tion 5101 and inserting the following:

‘‘5101. Findings and purposes.’’.
568

S 1173 OPS

1 SEC. 3202. HANDLING CRITERIA REPEAL.

2 Section 5106 is repealed and the chapter analysis of

3 chapter 51 is amended by striking the item relating to that

4 section.

5 SEC. 3203. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.

6 Section 5107(f)(2) is amended by striking ‘‘and section

7 5106, and subsections (a) through (g)(1) and (h) of section

8 5108(a), and 5109 of this title’’.

9 SEC. 3204. REGISTRATION.

10 Section 5108 is amended by—

11 (1) by striking subsection (b)(1)(C) and inserting

12 the following:

13 ‘‘(C) each State in which the person carries

14 out any of the activities.’’;

15 (2) by striking subsection (c) and inserting the

16 following:

17 ‘‘(c) FILING SCHEDULE.—Each person required to file

18 a registration statement under subsection (a) of this section

19 shall file that statement annually in accordance with regu20 lations issued by the Secretary.’’;

21 (3) by striking ‘‘552(f)’’ in subsection (f) and in22 serting ‘‘552(b)’’;

23 (4) by striking ‘‘may’’ in subsection (g)(1) and

24 inserting ‘‘shall’’; and

25 (5) by inserting ‘‘or an Indian tribe,’’ in sub26 section (i)(2)(B) after ‘‘State,’’.
569

S 1173 OPS

1 SEC. 3205. SHIPPING PAPER RETENTION.

2 Section 5110(e) is amended by striking the first sen3 tence and inserting ‘‘After expiration of the requirement in

4 subsection (c), the person who provided the shipping paper

5 and the carrier required to maintain it under subsection

6 (a) shall retain the paper or an electronic image thereof,

7 for a period of 1 year after the shipping paper was provided

8 to the carrier, to be accessible through their respective prin9 cipal places of business.’’.

10 SEC. 3206. PUBLIC SECTOR TRAINING CURRICULUM.

11 Section 5115 is amended—

12 (1) in subsection (a), by striking ‘‘DEVELOP13 MENT AND UPDATING.—Not later than November 16,

14 1992, in’’ and inserting ‘‘UPDATING.—In’’;

15 (2) in the first sentence of subsection (a), by

16 striking ‘‘develop and’’;

17 (3) in subsection (a), by striking the second sen18 tence;

19 (4) in the first sentence of subsection (b), by

20 striking ‘‘developed’’;

21 (5) in subparagraphs (A) and (B) of subsection

22 (b)(1), by inserting ‘‘or involving an alternative fuel

23 vehicle’’ after ‘‘material’’; and

24 (6) by striking subsection (d) and inserting the

25 following:
570

S 1173 OPS

1 ‘‘(d) DISTRIBUTION AND PUBLICATION.—With the na2 tional response team, the Secretary of Transportation may

3 publish a list of programs that use a course developed under

4 this section for training public sector employees to respond

5 to an accident or incident involving the transportation of

6 hazardous material.’’.

7 SEC. 3207. PLANNING AND TRAINING GRANTS.

8 Section 5116 is amended by—

9 (1) by striking ‘‘of’’ in the second sentence of

10 subsection (e) and inserting ‘‘received by’’;

11 (2) by striking subsection (f) and inserting the

12 following:

13 ‘‘(f) MONITORING AND TECHNICAL ASSISTANCE.—The

14 Secretary of Transportation shall monitor public sector

15 emergency response planning and training for an accident

16 or incident involving hazardous material. Considering the

17 results of the monitoring, the Secretary shall provide tech18 nical assistance to a State, political subdivision of a State,

19 or Indian tribe for carrying out emergency response train20 ing and planning for an accident or incident involving haz21 ardous material and shall coordinate the assistance using

22 the existing coordinating mechanisms of the national re23 sponse team for oil and hazardous substances and, for ra24 dioactive material, the Federal Radiological Preparedness

25 Coordinating Committee.’’; and
571

S 1173 OPS

1 (3) by adding at the end thereof the following:

2 ‘‘(l) SMALL BUSINESSES.—The Secretary may author3 ize a State or Indian tribe receiving a grant under this

4 section to use up to 25 percent of the amount of the grant

5 to assist small businesses in complying with regulations

6 issued under this chapter.’’.

7 SEC. 3208. SPECIAL PERMITS, PILOT PROGRAMS, AND EX8 CLUSIONS.

9 (a) Section 5117 is amended—

10 (1) by striking the section heading and inserting

11 the following:

12 ‘‘§ 5117. Special permits, pilot programs, exemptions,

13 and exclusions’’;

14 (2) by striking ‘‘2 years’’ in subsection (a)(2)

15 and inserting ‘‘4 years’’;

16 (3) by redesignating subsection (e) as subsection

17 (f); and

18 (4) by inserting after subsection (d) the follow19 ing:

20 ‘‘(e) AUTHORITY TO CARRY OUT PILOT PROGRAMS.—

21 ‘‘(1) IN GENERAL.—The Secretary is authorized

22 to carry out pilot programs to examine innovative

23 approaches or alternatives to regulations issued under

24 this chapter for private motor carriage in intrastate
572

S 1173 OPS

1 transportation of an agricultural production material

2 from—

3 ‘‘(A) a source of supply to a farm;

4 ‘‘(B) a farm to another farm;

5 ‘‘(C) a field to another field on a farm; or

6 ‘‘(D) a farm back to the source of supply.

7 ‘‘(2) LIMITATION.—The Secretary may not carry

8 out a pilot program under paragraph (1) if the Sec9 retary determines that the program would pose an

10 undue risk to public health and safety.

11 ‘‘(3) SAFETY LEVELS.—In carrying out a pilot

12 project under this subsection, the Secretary shall re13 quire, as a condition of approval of the project, that

14 the safety measures in the project are designed to

15 achieve a level of safety that is equivalent to, or great16 er than, the level of safety that would otherwise be

17 achieved through compliance with the standards pre18 scribed under this chapter.

19 ‘‘(4) TERMINATION OF PROJECT.—The Secretary

20 shall immediately terminate any project entered into

21 under this subsection if the motor carrier or other en22 tity to which it applies fails to comply with the terms

23 and conditions of the pilot project or the Secretary de24 termines that the project has resulted in a lower level
573

S 1173 OPS

1 of safety than was maintained before the project was

2 initiated.

3 ‘‘(5) NONAPPLICATION.—This subsection does not

4 apply to the application of regulations issued under

5 this chapter to vessels or aircraft.’’.

6 (b) Section 5119(c) is amended by adding at the end

7 the following:

8 ‘‘(4) Pending promulgation of regulations under

9 this subsection, States may participate in a program

10 of uniform forms and procedures recommended by the

11 working group under subsection (b).’’.

12 (c) The chapter analysis for chapter 51 is amended

13 by striking the item related to section 5117 and inserting

14 the following:

‘‘5117. Special permits, pilot programs, exemptions, and exclusions.’’.

15 SEC. 3209. ADMINISTRATION.

16 (a) Section 5121 is amended by striking subsections

17 (a), (b), and (c) and redesignating subsections (d) and (e)

18 as subsections (a) and (b), respectively.

19 (b) Section 5122 is amended by redesignating sub20 sections (a), (b), and (c) as subsections (d), (e), and (f),

21 and by inserting before subsection (d), as redesignated, the

22 following:

23 ‘‘(a) GENERAL AUTHORITY.—To carry out this chap24 ter, the Secretary of Transportation may investigate, make

25 reports, issue subpoenas, conduct hearings, require the pro-
574

S 1173 OPS

1 duction of records and property, take depositions, and con2 duct research, development, demonstration, and training

3 activities. After notice and an opportunity for a hearing,

4 the Secretary may issue an order requiring compliance with

5 this chapter or a regulation prescribed under this chapter.

6 ‘‘(b) RECORDS, REPORTS, AND INFORMATION.—A per7 son subject to this chapter shall—

8 ‘‘(1) maintain records, make reports, and pro9 vide information the Secretary by regulation or order

10 requires; and

11 ‘‘(2) make the records, reports, and information

12 available when the Secretary requests.

13 ‘‘(c) INSPECTION.—

14 ‘‘(1) The Secretary may authorize an officer, em15 ployee, or agent to inspect, at a reasonable time and

16 in a reasonable way, records and property related

17 to—

18 ‘‘(A) manufacturing, fabricating, marking,

19 maintaining, reconditioning, repairing, testing,

20 or distributing a packaging or a container for

21 use by a person in transporting hazardous mate22 rial in commerce; or

23 ‘‘(B) the transportation of hazardous mate24 rial in commerce.
575

S 1173 OPS

1 ‘‘(2) An officer, employee, or agent under this

2 subsection shall display proper credentials when re3 quested.’’.

4 SEC. 3210. COOPERATIVE AGREEMENTS.

5 Section 5121, as amended by section 3209(a), is fur6 ther amended by adding at the end thereof the following:

7 ‘‘(f) AUTHORITY FOR COOPERATIVE AGREEMENTS.—

8 To carry out this chapter, the Secretary may enter into

9 grants, cooperative agreements, and other transactions with

10 a person, agency or instrumentality of the United States,

11 a unit of State or local government, an Indian tribe, a for12 eign government (in coordination with the State Depart13 ment), an educational institution, or other entity to further

14 the objectives of this chapter. The objectives of this chapter

15 include the conduct of research, development, demonstra16 tion, risk assessment, emergency response planning and

17 training activities.’’.

18 SEC. 3211. ENFORCEMENT.

19 Section 5122, as amended by section 3209(b), is fur20 ther amended—

21 (1) in the first sentence of subsection (a), by in22 serting ‘‘inspect,’’ after ‘‘may’’;

23 (2) by striking the last sentence of subsection (a)

24 and inserting: ‘‘Except as provided in subsection (e)

25 of this section, the Secretary shall provide notice and
576

S 1173 OPS

1 an opportunity for a hearing prior to issuing an

2 order requiring compliance with this chapter or a

3 regulation, order, special permit, or approval issued

4 under this chapter.’’; and

5 (3) by redesignating subsections (d), (e) and (f)

6 as subsections (f), (g) and (h), and inserting after

7 subsection (c) the following:

8 ‘‘(d) OTHER AUTHORITY.—

9 ‘‘(1) INSPECTION.—During inspections and in10 vestigations, officers, employees, or agents of the Sec11 retary may—

12 ‘‘(A) open and examine the contents of a

13 package offered for, or in, transportation when—

14 ‘‘(i) the package is marked, labeled,

15 certified, placarded, or otherwise represented

16 as containing a hazardous material, or

17 ‘‘(ii) there is an objectively reasonable

18 and articulable belief that the package may

19 contain a hazardous material;

20 ‘‘(B) take a sample, sufficient for analysis,

21 of material marked or represented as a hazard22 ous material or for which there is an objectively

23 reasonable and articulable belief that the mate24 rial may be a hazardous material, and analyze

25 that material;
577

S 1173 OPS

1 ‘‘(C) when there is an objectively reasonable

2 and articulable belief that an imminent hazard

3 may exist, prevent the further transportation of

4 the material until the hazardous qualities of that

5 material have been determined; and

6 ‘‘(D) when safety might otherwise be com7 promised, authorize properly qualified personnel

8 to conduct the examination, sampling, or analy9 sis of a material.

10 ‘‘(2) NOTIFICATION.—No package opened pursu11 ant to this subsection shall continue its transpor12 tation until the officer, employee, or agent of the Sec13 retary—

14 ‘‘(A) affixes a label to the package indicat15 ing that the package was inspected pursuant to

16 this subsection; and

17 ‘‘(B) notifies the shipper that the package

18 was opened for examination.

19 ‘‘(e) EMERGENCY ORDERS.—

20 ‘‘(1) If, through testing, inspection, investigation,

21 or research carried out under this chapter, the Sec22 retary decides that an unsafe condition or practice, or

23 a combination of them, causes an emergency situation

24 involving a hazard of death, personal injury, or sig25 nificant harm to the environment, the Secretary may
578

S 1173 OPS

1 immediately issue or impose restrictions, prohibitions,

2 recalls, or out-of-service orders, without notice or the

3 opportunity for a hearing, that may be necessary to

4 abate the situation.

5 ‘‘(2) The Secretary’s action under this subsection

6 must be in a written order describing the condition

7 or practice, or combination of them, that causes the

8 emergency situation; stating the restrictions, prohibi9 tions, recalls, or out-of-service orders being issued or

10 imposed; and prescribing standards and procedures

11 for obtaining relief from the order.

12 ‘‘(3) After taking action under this subsection,

13 the Secretary shall provide an opportunity for review

14 of that action under section 554 of title 5.

15 ‘‘(4) If a petition for review is filed and the re16 view is not completed by the end of the 30-day period

17 beginning on the date the petition was filed, the ac18 tion will cease to be effective at the end of that period

19 unless the Secretary determines in writing that the

20 emergency situation still exists.’’.

21 SEC. 3212. PENALTIES.

22 (a) IN GENERAL.—Section 5123(a)(1) is amended by

23 striking the first sentence and inserting the following: ‘‘A

24 person that knowingly violates this chapter or a regulation,

25 order, special permit, or approval issued under this chapter
579

S 1173 OPS

1 is liable to the United States Government for a civil penalty

2 of at least $250 but not more than $27,500 for each viola3 tion.’’.

4 (b) DEGREE OF CULPABILITY.—Section 5123(c)(2) is

5 amended to read as follows:

6 ‘‘(2) with respect to the violator, the degree of

7 culpability, any good-faith efforts to comply with the

8 applicable requirements, any history of prior viola9 tions, any economic benefit resulting from the viola10 tion, the ability to pay, and any effect on the ability

11 to continue to do business; and’’.

12 (c) CRIMINAL PENALTY.—Section 5124 is amended to

13 read as follows:

14 ‘‘§ 5124. Criminal penalty

15 ‘‘(a) IN GENERAL.—A person knowingly violating sec16 tion 5104(b) of this title or willfully violating this chapter

17 or a regulation, order, special permit, or approval issued

18 under this chapter, shall be fined under title 18, imprisoned

19 for not more than 5 years, or both.

20 ‘‘(b) AGGRAVATED VIOLATIONS.—A person knowingly

21 violating section 5104(b) of this title or willfully violating

22 this chapter or a regulation, order, special permit, or ap23 proval issued under this chapter, and thereby causing the

24 release of a hazardous material, shall be fined under title

25 18, imprisoned for not more than 20 years, or both.’’.
580

S 1173 OPS

1 SEC. 3213. PREEMPTION.

2 (a) REQUIREMENTS CONTRARY TO PURPOSES OF

3 CHAPTER.—Section 5125(a)(2) is amended by inserting ‘‘,

4 the purposes of this chapter,’’ after ‘‘this chapter’’ the first

5 place it appears.

6 (b) DEADWOOD.—Section 5125(b)(2) is amended by

7 striking ‘‘prescribes after November 16, 1990.’’ and insert8 ing ‘‘prescribes.’’.

9 (c) INDEPENDENT APPLICATION OF PREEMPTION

10 STANDARDS.—Section 5125 is amended by adding at the

11 end thereof the following:

12 ‘‘(h) INDEPENDENT APPLICATION OF EACH STAND13 ARD.—Each preemption standard in subsections (a), (b)(1),

14 (c), and (g) of this section and section 5119(c)(2) is inde15 pendent in its application to a requirement of any State,

16 political subdivision of a State, or Indian tribe.’’.

17 SEC. 3214. JUDICIAL REVIEW.

18 (a) IN GENERAL.—Chapter 51 is amended by redesig19 nating section 5127 as section 5128, and by inserting after

20 section 5126 the following new section:

21 ‘‘§ 5127. Judicial review

22 ‘‘(a) FILING AND VENUE.—Except as provided in sec23 tion 20114(c), a person disclosing a substantial interest in

24 a final order issued, under the authority of section 5122

25 or 5123, by the Secretary of Transportation, the Adminis26 trators of the Research and Special Programs Administra-
581

S 1173 OPS

1 tion, the Federal Aviation Administration, or the Federal

2 Highway Administration, or the Commandant of the

3 United States Coast Guard (‘modal Administrator’), with

4 respect to the duties and powers designated to be carried

5 out by the Secretary under this chapter, may apply for re6 view in the United States Court of Appeals for the District

7 of Columbia or in the court of appeals for the United States

8 for the circuit in which the person resides or has its prin9 cipal place of business. The petition must be filed not more

10 than 60 days after the order is issued. The court may allow

11 the petition to be filed after the 60th day only if there are

12 reasonable grounds for not filing by the 60th day.

13 ‘‘(b) JUDICIAL PROCEDURES.—When a petition is

14 filed under subsection (a) of this section, the clerk of the

15 court immediately shall send a copy of the petition to the

16 Secretary or the modal Administrator, as appropriate. The

17 Secretary or the modal Administrator shall file with the

18 court a record of any proceeding in which the order was

19 issued, as provided in section 2112 of title 28.

20 ‘‘(c) AUTHORITY OF COURT.—When the petition is sent

21 to the Secretary or the modal Administrator, the court has

22 exclusive jurisdiction to affirm, amend, modify, or set aside

23 any part of the order and may order the Secretary or the

24 modal Administrator to conduct further proceedings. After

25 reasonable notice to the Secretary or the modal Adminis-
582

S 1173 OPS

1 trator, the court may grant interim relief by staying the

2 order or taking other appropriate action when good cause

3 for its action exists. Findings of fact by the Secretary or

4 the modal Administrator, if supported by substantial evi5 dence, are conclusive.

6 ‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In re7 viewing a final order under this section, the court may con8 sider an objection to a final order of the Secretary or the

9 modal Administrator only if the objection was made in the

10 course of a proceeding or review conducted by the Secretary,

11 the modal Administrator, or an administrative law judge,

12 or if there was a reasonable ground for not making the ob13 jection in the proceeding.

14 ‘‘(e) SUPREME COURT REVIEW.—A decision by a court

15 under this section may be reviewed only by the Supreme

16 Court under section 1254 of title 28, United States Code.’’.

17 (b) CLERICAL AMENDMENT.—The chapter analysis for

18 chapter 51 is amended by striking the item related to sec19 tion 5127 and inserting the following:

‘‘5127. Judicial review.

‘‘5128. Authorization of appropriations.’’.

20 SEC. 3215. HAZARDOUS MATERIAL TRANSPORTATION REAU21 THORIZATION.

22 (a) IN GENERAL.—Chapter 51, as amended by section

23 3214 of this Act, is amended by redesignating section 5128
583

S 1173 OPS

1 as section 5129 and by inserting after section 5127 the fol2 lowing:

3 ‘‘§ 5128. High risk hazardous material and hazardous

4 waste; motor carrier safety study

5 ‘‘(a) STUDY.—The Secretary of Transportation shall

6 conduct a study—

7 ‘‘(1) to determine the safety benefits and admin8 istrative efficiency of implementing a Federal permit

9 program for high risk hazardous material and haz10 ardous waste carriers;

11 ‘‘(2) to identify and evaluate alternative regu12 latory methods and procedures that may improve the

13 safety of high risk hazardous material and hazardous

14 waste carriers and shippers, including evaluating

15 whether an annual safety fitness determination that

16 is linked to permit renewals for hazardous material

17 and hazardous waste carriers is warranted;

18 ‘‘(3) to examine the safety benefits of increased

19 monitoring of high risk hazardous material and haz20 ardous waste carriers, and the costs, benefits, and

21 procedures of existing State permit programs;

22 ‘‘(4) to make such recommendations as may be

23 appropriate for the improvement of uniformity

24 among existing State permit programs; and
584

S 1173 OPS

1 ‘‘(5) to assess the potential of advanced tech2 nologies for improving the assessment of high risk

3 hazardous material and hazardous waste carriers’

4 compliance with motor carrier safety regulations.

5 ‘‘(b) TIMEFRAME.—The Secretary shall begin the study

6 required by subsection (a) within 6 months after the date

7 of enactment of the Intermodal Transportation Safety Act

8 of 1998 and complete it within 30 months after the date

9 of enactment of that Act.

10 ‘‘(c) REPORT.—The Secretary shall report the findings

11 of the study required by subsection (a), together with such

12 recommendations as may be appropriate, within 36 months

13 after the date of enactment of the Intermodal Transpor14 tation Safety Act of 1998.’’.

15 (b) SECTION 5109 REGULATIONS TO REFLECT STUDY

16 FINDINGS.—Section 5109(h) is amended by striking ‘‘not

17 later than November 16, 1991.’’ and inserting ‘‘based upon

18 the findings of the study required by section 5128(a).’’.

19 (c) CONFORMING AMENDMENT.—The chapter analysis

20 for chapter 51, as amended by section 3214, is amended

21 by striking the item relating to section 5128 and inserting

22 the following:

‘‘5128. High risk hazardous material and hazardous waste; motor carrier safety

study.

‘‘5129. Authorization of appropriations.’’.

23 SEC. 3216. AUTHORIZATION OF APPROPRIATIONS.

24 Section 5129, as redesignated, is amended—
585

S 1173 OPS

1 (1) by striking subsection (a) and inserting the

2 following:

3 ‘‘(a) GENERAL.—There are authorized to be appro4 priated to the Secretary of Transportation to carry out this

5 chapter (except sections 5107(e), 5108(g)(2), 5113, 5115,

6 and 5116) not more than—

7 ‘‘(1) $15,492,000 for fiscal year 1998;

8 ‘‘(2) $16,000,000 for fiscal year 1999;

9 ‘‘(3) $16,500,000 for fiscal year 2000;

10 ‘‘(4) $17,000,000 for fiscal year 2001;

11 ‘‘(5) $17,500,000 for fiscal year 2002; and

12 ‘‘(6) $18,000,000 for fiscal year 2003.’’; and

13 (2) by striking subsections (c) and (d) and in14 serting the following:

15 ‘‘(c) TRAINING CURRICULUM.—Not more than

16 $200,000 is available to the Secretary of Transportation

17 from the account established under section 5116(i) for each

18 of the fiscal years ending September 30, 1999–2003, to

19 carry out section 5115.

20 ‘‘(d) PLANNING AND TRAINING.—

21 (1) Not more than $2,444,000 is available to the

22 Secretary of Transportation from the account estab23 lished under section 5116(i) for the fiscal year ending

24 September 30, 1998, and such sums as may be nec-
586

S 1173 OPS

1 essary for fiscal years 1999–2003, to carry out section

2 5116(a).

3 ‘‘(2) Not more than $3,666,000 is available to

4 the Secretary of Transportation from the account es5 tablished under section 5116(i) for the fiscal year end6 ing September 30, 1998, and such sums as may be

7 necessary for fiscal years 1999–2003, to carry out sec8 tion 5116(b).

9 ‘‘(3) Not more than $600,000 is available to the

10 Secretary of Transportation from the account estab11 lished under section 5116(i) for the fiscal year ending

12 September 30, 1998, and such sums as may be nec13 essary for fiscal years 1999–2003, to carry out section

14 5116(f).’’.

15 Subtitle C—Comprehensive One16 Call Notification

17 SEC. 3301. FINDINGS.

18 Congress finds that—

19 (1) unintentional damage to underground facili20 ties during excavation is a significant cause of dis21 ruptions in telecommunications, water supply, elec22 tric power, and other vital public services, such as

23 hospital and air traffic control operations, and is a

24 leading cause of natural gas and hazardous liquid

25 pipeline accidents;
587

S 1173 OPS

1 (2) excavation that is performed without prior

2 notification to an underground facility operator or

3 with inaccurate marking of such a facility prior to

4 excavation can cause damage that results in fatalities,

5 serious injuries, harm to the environment and disrup6 tion of vital services to the public; and

7 (3) protection of the public and the environment

8 from the consequences of underground facility damage

9 caused by excavations will be enhanced by a coordi10 nated national effort to improve one-call notification

11 programs in each State and the effectiveness and effi12 ciency of one-call notification systems that operate

13 under such programs.

14 SEC. 3302. ESTABLISHMENT OF ONE-CALL NOTIFICATION

15 PROGRAMS.

16 (a) IN GENERAL.—Subtitle III is amended by adding

17 at the end thereof the following:

18 ‘‘CHAPTER 61—ONE-CALL NOTIFICATION

19 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.

20 ‘‘§ 6101. Purposes

21 ‘‘The purposes of this chapter are—
588

S 1173 OPS

1 ‘‘(1) to enhance public safety;

2 ‘‘(2) to protect the environment;

3 ‘‘(3) to minimize risks to excavators; and

4 ‘‘(4) to prevent disruption of vital public serv5 ices,

6 by reducing the incidence of damage to underground facili7 ties during excavation through the adoption and efficient

8 implementation by all States of State one-call notification

9 programs that meet the minimum standards set forth under

10 section 6103.

11 ‘‘§ 6102. Definitions

12 ‘‘For purposes of this chapter:

13 ‘‘(1) ONE-CALL NOTIFICATION SYSTEM.—The

14 term ‘‘one-call notification system’’ means a system

15 operated by an organization that has as 1 of its pur16 poses to receive notification from excavators of in17 tended excavation in a specified area in order to dis18 seminate such notification to underground facility op19 erators that are members of the system so that such

20 operators can locate and mark their facilities in order

21 to prevent damage to underground facilities in the

22 course of such excavation.

23 ‘‘(2) STATE ONE-CALL NOTIFICATION PRO24 GRAM.—The term ‘‘State one-call notification pro25 gram’’ means the State statutes, regulations, orders,
589

S 1173 OPS

1 judicial decisions, and other elements of law and pol2 icy in effect in a State that establish the requirements

3 for the operation of one-call notification systems in

4 such State.

5 ‘‘(3) STATE.—The term ‘State’ means a State,

6 the District of Columbia, and Puerto Rico.

7 ‘‘(4) SECRETARY.—The term ‘Secretary’ means

8 the Secretary of Transportation.

9 ‘‘§ 6103. Minimum standards for State one-call notifi10 cation programs

11 ‘‘(a) MINIMUM STANDARDS.—A State one-call notifi12 cation program shall, at a minimum, provide for—

13 ‘‘(1) appropriate participation by all under14 ground facility operators;

15 ‘‘(2) appropriate participation by all excavators;

16 and

17 ‘‘(3) flexible and effective enforcement under

18 State law with respect to participation in, and use of,

19 one-call notification systems.

20 ‘‘(b) APPROPRIATE PARTICIPATION.—In determining

21 the appropriate extent of participation required for types

22 of underground facilities or excavators under subsection (a),

23 a State shall assess, rank, and take into consideration the

24 risks to the public safety, the environment, excavators, and

25 vital public services associated with—
590

S 1173 OPS

1 ‘‘(1) damage to types of underground facilities;

2 and

3 ‘‘(2) activities of types of excavators.

4 ‘‘(c) IMPLEMENTATION.—A State one-call notification

5 program also shall, at a minimum, provide for—

6 ‘‘(1) consideration of the ranking of risks under

7 subsection (b) in the enforcement of its provisions;

8 ‘‘(2) a reasonable relationship between the bene9 fits of one-call notification and the cost of implement10 ing and complying with the requirements of the State

11 one-call notification program; and

12 ‘‘(3) voluntary participation where the State de13 termines that a type of underground facility or an ac14 tivity of a type of excavator poses a de minimis risk

15 to public safety or the environment.

16 ‘‘(d) PENALTIES.—To the extent the State determines

17 appropriate and necessary to achieve the purposes of this

18 chapter, a State one-call notification program shall, at a

19 minimum, provide for—

20 ‘‘(1) administrative or civil penalties commensu21 rate with the seriousness of a violation by an exca22 vator or facility owner of a State one-call notification

23 program;

24 ‘‘(2) increased penalties for parties that repeat25 edly damage underground facilities because they fail
591

S 1173 OPS

1 to use one-call notification systems or for parties that

2 repeatedly fail to provide timely and accurate mark3 ing after the required call has been made to a one4 call notification system;

5 ‘‘(3) reduced or waived penalties for a violation

6 of a requirement of a State one-call notification pro7 gram that results in, or could result in, damage that

8 is promptly reported by the violator;

9 ‘‘(4) equitable relief; and

10 ‘‘(5) citation of violations.

11 ‘‘§ 6104. Compliance with minimum standards

12 ‘‘(a) REQUIREMENT.—In order to qualify for a grant

13 under section 6106, each State shall, within 2 years after

14 the date of the enactment of the Intermodal Transportation

15 Safety Act of 1998, submit to the Secretary a grant applica16 tion under subsection (b).

17 ‘‘(b) APPLICATION.—

18 ‘‘(1) Upon application by a State, the Secretary

19 shall review that State’s one-call notification pro20 gram, including the provisions for the implementa21 tion of the program and the record of compliance and

22 enforcement under the program.

23 ‘‘(2) Based on the review under paragraph (1),

24 the Secretary shall determine whether the State’s one25 call notification program meets the minimum stand-
592

S 1173 OPS

1 ards for such a program set forth in section 6103 in

2 order to qualify for a grant under section 6106.

3 ‘‘(3) In order to expedite compliance under this

4 section, the Secretary may consult with the State as

5 to whether an existing State one-call notification pro6 gram, a specific modification thereof, or a proposed

7 State program would result in a positive determina8 tion under paragraph (2).

9 ‘‘(4) The Secretary shall prescribe the form of,

10 and manner of filing, an application under this sec11 tion that shall provide sufficient information about a

12 State’s one-call notification program for the Secretary

13 to evaluate its overall effectiveness. Such information

14 may include the nature and reasons for exceptions

15 from required participation, the types of enforcement

16 available, and such other information as the Sec17 retary deems necessary.

18 ‘‘(5) The application of a State under paragraph

19 (1) and the record of actions of the Secretary under

20 this section shall be available to the public.

21 ‘‘(c) ALTERNATIVE PROGRAM.—A State may maintain

22 an alternative one-call notification program if that pro23 gram provides protection for public safety, the environment,

24 or excavators that is equivalent to, or greater than, protec-
593

S 1173 OPS

1 tion under a program that meets the minimum standards

2 set forth in section 6103.

3 ‘‘(d) REPORT.—Within 3 years after the date of the

4 enactment of the Intermodal Transportation Safety Act of

5 1998, the Secretary shall begin to include the following in6 formation in reports submitted under section 60124 of this

7 title—

8 ‘‘(1) a description of the extent to which each

9 State has adopted and implemented the minimum

10 Federal standards under section 6103 or maintains

11 an alternative program under subsection (c);

12 ‘‘(2) an analysis by the Secretary of the overall

13 effectiveness of the State’s one-call notification pro14 gram and the one-call notification systems operating

15 under such program in achieving the purposes of this

16 chapter;

17 ‘‘(3) the impact of the State’s decisions on the ex18 tent of required participation in one-call notification

19 systems on prevention of damage to underground fa20 cilities; and

21 ‘‘(4) areas where improvements are needed in

22 one-call notification systems in operation in the

23 State.

24 The report shall also include any recommendations the Sec25 retary determines appropriate. If the Secretary determines
594

S 1173 OPS

1 that the purposes of this chapter have been substantially

2 achieved, no further report under this section shall be re3 quired.

4 ‘‘§ 6105. Review of one-call system best practices

5 ‘‘(a) STUDY OF EXISTING ONE-CALL SYSTEMS.—Ex6 cept as provided in subsection (d), the Secretary, in con7 sultation with other appropriate Federal agencies, State

8 agencies, one-call notification system operators, under9 ground facility operators, excavators, and other interested

10 parties, shall undertake a study of damage prevention prac11 tices associated with existing one-call notification systems.

12 ‘‘(b) PURPOSE OF STUDY OF DAMAGE PREVENTION

13 PRACTICES.—The purpose of the study is to assemble infor14 mation in order to determine which existing one-call notifi15 cation systems practices appear to be the most effective in

16 preventing damage to underground facilities and in protect17 ing the public, the environment, excavators, and public

18 service disruption. As part of the study, the Secretary shall

19 at a minimum consider—

20 ‘‘(1) the methods used by one-call notification

21 systems and others to encourage participation by ex22 cavators and owners of underground facilities;

23 ‘‘(2) the methods by which one-call notification

24 systems promote awareness of their programs, includ-
595

S 1173 OPS

1 ing use of public service announcements and edu2 cational materials and programs;

3 ‘‘(3) the methods by which one-call notification

4 systems receive and distribute information from exca5 vators and underground facility owners;

6 ‘‘(4) the use of any performance and service

7 standards to verify the effectiveness of a one-call noti8 fication system;

9 ‘‘(5) the effectiveness and accuracy of mapping

10 used by one-call notification systems;

11 ‘‘(6) the relationship between one-call notifica12 tion systems and preventing intentional damage to

13 underground facilities;

14 ‘‘(7) how one-call notification systems address

15 the need for rapid response to situations where the

16 need to excavate is urgent;

17 ‘‘(8) the extent to which accidents occur due to

18 errors in marking of underground facilities, untimely

19 marking or errors in the excavation process after a

20 one-call notification system has been notified of an

21 excavation;

22 ‘‘(9) the extent to which personnel engaged in

23 marking underground facilities may be endangered;

24 ‘‘(10) the characteristics of damage prevention

25 programs the Secretary believes could be relevant to
596

S 1173 OPS

1 the effectiveness of State one-call notification pro2 grams; and

3 ‘‘(11) the effectiveness of penalties and enforce4 ment activities under State one-call notification pro5 grams in obtaining compliance with program require6 ments.

7 ‘‘(c) REPORT.—Within 1 year after the date of the en8 actment of the Intermodal Transportation Safety Act of

9 1998, the Secretary shall publish a report identifying those

10 practices of one-call notification systems that are the most

11 and least successful in—

12 ‘‘(1) preventing damage to underground facili13 ties; and

14 ‘‘(2) providing effective and efficient service to

15 excavators and underground facility operators.

16 The Secretary shall encourage States and operators of one17 call notification programs to adopt and implement the most

18 successful practices identified in the report.

19 ‘‘(d) SECRETARIAL DISCRETION.—Prior to undertak20 ing the study described in subsection (a), the Secretary shall

21 determine whether timely information described in sub22 section (b) is readily available. If the Secretary determines

23 that such information is readily available, the Secretary is

24 not required to carry out the study.
597

S 1173 OPS

1 ‘‘§ 6106. Grants to States

2 ‘‘(a) IN GENERAL.—The Secretary may make a grant

3 of financial assistance to a State that qualifies under sec4 tion 6104(b) to assist in improving—

5 ‘‘(1) the overall quality and effectiveness of one6 call notification systems in the State;

7 ‘‘(2) communications systems linking one-call

8 notification systems;

9 ‘‘(3) location capabilities, including training

10 personnel and developing and using location tech11 nology;

12 ‘‘(4) record retention and recording capabilities

13 for one-call notification systems;

14 ‘‘(5) public information and education;

15 ‘‘(6) participation in one-call notification sys16 tems; or

17 ‘‘(7) compliance and enforcement under the State

18 one-call notification program.

19 ‘‘(b) STATE ACTION TAKEN INTO ACCOUNT.—In mak20 ing grants under this section the Secretary shall take into

21 consideration the commitment of each State to improving

22 its State one-call notification program, including legislative

23 and regulatory actions taken by the State after the date of

24 enactment of the Intermodal Transportation Safety Act of

25 1998.
598

S 1173 OPS

1 ‘‘(c) FUNDING FOR ONE-CALL NOTIFICATION SYS2 TEMS.—A State may provide funds received under this sec3 tion directly to any one-call notification system in such

4 State that substantially adopts the best practices identified

5 under section 6105.

6 ‘‘§ 6107. Authorization of appropriations

7 ‘‘(a) FOR GRANTS TO STATES.—There are authorized

8 to be appropriated to the Secretary in fiscal year 1999 no

9 more than $1,000,000 and in fiscal year 2000 no more than

10 $5,000,000, to be available until expended, to provide grants

11 to States under section 6106.

12 ‘‘(b) FOR ADMINISTRATION.—There are authorized to

13 be appropriated to the Secretary such sums as may be nec14 essary during fiscal years 1998, 1999, and 2000 to carry

15 out sections 6103, 6104, and 6105.

16 ‘‘(c) GENERAL REVENUE FUNDING.—Any sums appro17 priated under this section shall be derived from general rev18 enues and may not be derived from amounts collected under

19 section 60301 of this title.’’.

20 (b) CONFORMING AMENDMENTS.—

21 (1) The table of chapters for subtitle III is

22 amended by adding at the end thereof the following:

‘‘61. One-Call Notification Program .............................................. 6101’’.

23 (2) Chapter 601 is amended—
599

S 1173 OPS

1 (A) by striking ‘‘sections 60114 and’’ in sec2 tion 60105(a) of that chapter and inserting ‘‘sec3 tion’’;

4 (B) by striking section 60114 and the item

5 relating to that section in the table of sections for

6 that chapter;

7 (C) by striking ‘‘60114(c), 60118(a),’’ in

8 section 60122(a)(1) of that chapter and inserting

9 ‘‘60118(a),’’;

10 (D) by striking ‘‘60114(c) or’’ in section

11 60123(a) of that chapter;

12 (E) by striking ‘‘sections 60107 and

13 60114(b)’’ in subsections (a) and (b) of section

14 60125 and inserting ‘‘section 60107’’ in each

15 such subsection; and

16 (F) by striking subsection (d) of section

17 60125, and redesignating subsections (e) and (f)

18 of that section as subsections (d) and (e), respec19 tively.

20 Subtitle D—Motor Carrier Safety

21 SEC. 3401. STATEMENT OF PURPOSES.

22 Chapter 311 is amended—

23 (1) by inserting before section 31101 the follow24 ing:
600

S 1173 OPS

1 ‘‘§ 31100. Purpose

2 ‘‘The purposes of this subchapter are—

3 ‘‘(1) to improve commercial motor vehicle and

4 driver safety;

5 ‘‘(2) to facilitate efforts by the Secretary, States,

6 and other political jurisdictions, working in partner7 ship, to focus their resources on strategic safety in8 vestments;

9 ‘‘(3) to increase administrative flexibility;

10 ‘‘(4) to improve enforcement activities;

11 ‘‘(5) to invest in activities related to areas of the

12 greatest crash reduction;

13 ‘‘(6) to identify high risk carriers and drivers;

14 and

15 ‘‘(7) to improve information and analysis sys16 tems.’’; and

17 (2) by inserting before the item relating to sec18 tion 31101 in the chapter analysis for chapter 311 the

19 following:

‘‘31100. Purposes.’’.

20 SEC. 3402. GRANTS TO STATES.

21 (a) PERFORMANCE-BASED GRANTS.—Section 31102 is

22 amended—

23 (1) in subsection (a), by inserting ‘‘improving

24 motor carrier safety and’’ after ‘‘programs for’’; and
601

S 1173 OPS

1 (2) in the first sentence of subsection (b)(1), by

2 striking ‘‘adopt and assume responsibility for enforc3 ing’’ and inserting ‘‘assume responsibility for improv4 ing motor carrier safety and to adopt and enforce’’.

5 (b) HAZARDOUS MATERIALS.—Section 31102 is

6 amended—

7 (1) in subsection (a), by inserting a comma and

8 ‘‘hazardous materials transportation safety,’’ after

9 ‘‘commercial motor vehicle safety’’; and

10 (2) in the first sentence of subsection (b), by in11 serting ‘‘, hazardous materials transportation safety,’’

12 after ‘‘commercial motor vehicle safety’’.

13 (c) CONTENTS OF STATE PLANS.—Section 31102(b)(1)

14 is amended—

15 (1) by redesignating subparagraphs (A) through

16 (Q) as subparagraphs (B) through (R), respectively;

17 (2) by inserting before subparagraph (B), as re18 designated, the following:

19 ‘‘(A) implements performance-based activi20 ties by fiscal year 2000;’’

21 (3) by inserting ‘‘(1)’’ in subparagraph (K), as

22 redesignated, after ‘‘(c)’’;

23 (4) by striking subparagraphs (L), (M), and (N)

24 as redesignated, and inserting the following:
602

S 1173 OPS

1 ‘‘(L) ensures consistent, effective, and rea2 sonable sanctions;

3 ‘‘(M) ensures that the State agency will co4 ordinate the plan, data collection, and informa5 tion systems with the State highway safety pro6 grams under title 23;

7 ‘‘(N) ensures participation in SAFETYNET

8 by all jurisdictions receiving funding;’’;

9 (5) in subparagraph (P), as redesignated, by

10 striking ‘‘activities—’’ and inserting ‘‘activities in

11 support of national priorities and performance goals

12 including—’’;

13 (6) in clause (i) of subparagraph (P), as redesig14 nated, by striking ‘‘to remove’’ and inserting ‘‘activi15 ties aimed at removing’’; and

16 (7) in clause (ii) of subparagraph (P), as redes17 ignated, by striking ‘‘to provide’’ and inserting ‘‘ac18 tivities aimed at providing’’.

19 SEC. 3403. FEDERAL SHARE.

20 Section 31103 is amended—

21 (1) by inserting before ‘‘The Secretary of Trans22 portation’’ the following:

23 ‘‘(a) COMMERCIAL MOTOR VEHICLE SAFETY PRO24 GRAMS AND ENFORCEMENT.—’’;
603

S 1173 OPS

1 (2) by inserting ‘‘improve commercial motor ve2 hicle safety and’’ in the first sentence before ‘‘enforce’’;

3 and

4 (3) by adding at the end the following:

5 ‘‘(b) OTHER ACTIVITIES.—The Secretary may reim6 burse State agencies, local governments, or other persons up

7 to 100 percent for those activities identified in

8 31104(f)(2).’’.

9 SEC. 3404. AUTHORIZATION OF APPROPRIATIONS.

10 (a) IN GENERAL.—Section 31104(a) is amended to

11 read as follows:

12 ‘‘(a) IN GENERAL.—Subject to section 9503(c)(1) of the

13 Internal Revenue Code of 1986, there are available from the

14 Highway Trust Fund (except the Mass Transit Account)

15 for the Secretary of Transportation to incur obligations to

16 carry out section 31102 of this title, not more than—

17 ‘‘(1) $80,000,000 for the fiscal year ending Sep18 tember 30, 1998;

19 ‘‘(2) $100,000,000 for the fiscal year ending Sep20 tember 30, 1999;

21 ‘‘(3) $97,000,000 for the fiscal year ending Sep22 tember 30, 2000;

23 ‘‘(4) $94,000,000 for the fiscal year ending Sep24 tember 30, 2001;
604

S 1173 OPS

1 ‘‘(5) $90,500,000 for the fiscal year ending Sep2 tember 30, 2002; and

3 ‘‘(6) $90,500,000 for the fiscal year ending Sep4 tember 30, 2003.’’.

5 (b) AVAILABILITY AND REALLOCATION.—Section

6 31104(b)(2) is amended to read as follows:

7 ‘‘(2) Amounts made available under section

8 4002(e)(1) and (2) of the Intermodal Surface Trans9 portation Efficiency Act of 1991 before October 1,

10 1996, that are not obligated on October 1, 1997, are

11 available for obligation under paragraph (1).’’.

12 (c) ALLOCATION CRITERIA.—Section 31104(f) is

13 amended to read as follows:

14 ‘‘(f) ALLOCATION CRITERIA AND ELIGIBILITY.—

15 ‘‘(1) On October 1 of each fiscal year or as soon

16 after that date as practicable, the Secretary, after

17 making the deduction described in subsection (e) of

18 this section, shall allocate, under criteria the Sec19 retary prescribes through regulation, the amounts

20 available for that fiscal year among the States with

21 plans approved under section 31102 of this title.

22 ‘‘(2) The Secretary may designate—

23 ‘‘(A) not less than 5 percent of such

24 amounts for activities and projects of national
605

S 1173 OPS

1 priority for the improvement of commercial

2 motor vehicle safety; and

3 ‘‘(B) not less than 5 percent of such

4 amounts to reimburse States for border commer5 cial motor vehicle safety programs and enforce6 ment activities and projects.

7 The amounts referred to in subparagraph (B) shall be

8 allocated by the Secretary to State agencies and local

9 governments that use trained and qualified officers

10 and employees in coordination with State motor vehi11 cle safety agencies.’’.

12 (d) OTHER AMENDMENTS.—

13 (1) Section 31104 is amended by striking sub14 section (g) and redesignating subsection (h) as sub15 section (g).

16 (2) Section 31104 is amended by striking sub17 section (i) and redesignating subsection (j) as sub18 section (h).

19 SEC. 3405. INFORMATION SYSTEMS AND STRATEGIC SAFETY

20 INITIATIVES.

21 Section 31106 is amended to read as follows:

22 ‘‘§ 31106. Information systems and strategic safety ini23 tiatives

24 ‘‘(a) INFORMATION SYSTEMS.—
606

S 1173 OPS

1 ‘‘(1) IN GENERAL.—The Secretary is authorized

2 to establish motor carrier information systems and

3 data analysis programs to support motor carrier reg4 ulatory and enforcement activities required under this

5 title. In cooperation with the States, the information

6 systems shall be coordinated into a network providing

7 accurate identification of motor carriers and drivers,

8 registration and licensing tracking, and motor carrier

9 and driver safety performance. The Secretary shall

10 develop and maintain data analysis capacity and

11 programs to provide the means to develop strategies

12 to address safety problems and to use data analysis

13 to measure the effectiveness of these strategies and re14 lated programs; to determine the cost effectiveness of

15 Federal and State safety compliance, enforcement

16 programs, and other countermeasures; to evaluate the

17 safety fitness of motor carriers and drivers; to iden18 tify and collect necessary data; and to adapt, im19 prove, and incorporate other information and infor20 mation systems as deemed appropriate by the Sec21 retary.

22 ‘‘(2) PERFORMANCE AND REGISTRATION INFOR23 MATION SYSTEMS MANAGEMENT.—

24 ‘‘(A) The Secretary shall include, as part of

25 the motor carrier safety information network
607

S 1173 OPS

1 system of the Department of Transportation, an

2 information system, to be called the Performance

3 and Registration Information Systems Manage4 ment, to serve as a clearinghouse and repository

5 of information related to State registration and

6 licensing of commercial motor vehicles and the

7 safety system of the commercial motor vehicle

8 registrants or the motor carriers operating the

9 vehicles. The Secretary may include in the sys10 tem information on the safety fitness of each of

11 the motor carriers and registrants and other in12 formation the Secretary considers appropriate,

13 including information on vehicle, driver, and

14 motor carrier safety performance.

15 ‘‘(B) The Secretary shall prescribe technical

16 and operational standards to ensure—

17 ‘‘(i) uniform, timely and accurate in18 formation collection and reporting by the

19 States necessary to carry out this system;

20 ‘‘(ii) uniform Federal and State proce21 dures and policies necessary to operate the

22 Commercial Vehicle Information System;

23 and
608

S 1173 OPS

1 ‘‘(iii) the availability and reliability of

2 the information to the States and the Sec3 retary from the information system.

4 ‘‘(C) The system shall link the Federal

5 motor carrier safety systems with State driver

6 and commercial vehicle registration and licens7 ing systems, and shall be designed—

8 ‘‘(i) to enable a State, when issuing li9 cense plates or throughout the registration

10 period for a commercial motor vehicle, to

11 determine, through the use of the informa12 tion system, the safety fitness of the reg13 istrant or motor carrier;

14 ‘‘(ii) to allow a State to decide, in co15 operation with the Secretary, the types of

16 sanctions that may be imposed on the reg17 istrant or motor carrier, or the types of con18 ditions or limitations that may be imposed

19 on the operations of the registrant or motor

20 carrier that will ensure the safety fitness of

21 the registrant or motor carrier;

22 ‘‘(iii) to monitor the safety fitness of

23 the registrant or motor carrier during the

24 registration period; and
609

S 1173 OPS

1 ‘‘(iv) to require the State, as a condi2 tion of participation in the system, to im3 plement uniform policies, procedures, and

4 standards, and to possess or seek authority

5 to impose commercial motor vehicle reg6 istration sanctions on the basis of a Federal

7 safety fitness determination.

8 ‘‘(D) Of the amounts available for expendi9 ture under this section, up to 50 percent in each

10 of fiscal years 1998, 1999, 2000, 2001, 2002, and

11 2003 may be made available to carry out this

12 paragraph. The Secretary may authorize the op13 eration of the information system by contract,

14 through an agreement with 1 or more States, or

15 by designating, after consultation with the

16 States, a third party that represents the interests

17 of the States. Of the amounts made available to

18 carry out this paragraph, the Secretary is en19 couraged to direct no less than 80 percent to

20 States that have not previously received finan21 cial assistance to develop or implement the Per22 formance and Registration Information Systems

23 Management system.

24 ‘‘(b) COMMERCIAL MOTOR VEHICLE DRIVER SAFETY

25 PROGRAM.—The Secretary is authorized to establish a pro-
610

S 1173 OPS

1 gram focusing on improving commercial motor vehicle driv2 er safety. The objectives of the program shall include—

3 ‘‘(1) enhancing the exchange of driver licensing

4 information among employers, the States, the Federal

5 Government, and foreign countries;

6 ‘‘(2) providing information to the judicial sys7 tem on the commercial motor vehicle driver licensing

8 program; and

9 ‘‘(3) evaluating any aspect of driver performance

10 and safety that the Secretary deems appropriate.

11 ‘‘(c) COOPERATIVE AGREEMENTS, GRANTS, AND CON12 TRACTS.—The Secretary may carry out this section either

13 independently or in cooperation with other Federal depart14 ments, agencies, and instrumentalities, or by making grants

15 to and entering into contracts and cooperative agreements

16 with States, localities, associations, institutions, corpora17 tions (profit or nonprofit) or other persons.’’.

18 SEC. 3406. IMPROVED FLOW OF DRIVER HISTORY PILOT

19 PROGRAM.

20 The Secretary of Transportation shall carry out a pilot

21 program in cooperation with 1 or more States to improve

22 upon the timely exchange of pertinent driver performance

23 and safety records data to motor carriers. The program

24 shall—
611

S 1173 OPS

1 (1) determine to what extent driver performance

2 records data, including relevant fines, penalties, and

3 failures to appear for a hearing or trial, should be in4 cluded as part of any information systems under the

5 Department of Transportation’s oversight;

6 (2) assess the feasibility, costs, safety impact,

7 pricing impact, and benefits of record exchanges; and

8 (3) assess methods for the efficient exchange of

9 driver safety data available from existing State infor10 mation systems and sources.

11 SEC. 3407. MOTOR CARRIER AND DRIVER SAFETY RE12 SEARCH.

13 Of the funds made available to carry out programs es14 tablished by the amendments made by title II of the Inter15 modal Surface Transportation Efficiency Act of 1998, no

16 less than $10,000,000 shall be made available for each of

17 fiscal years 1998, 1999, 2000, 2001, 2002, and 2003 for

18 activities designed to advance commercial motor vehicle and

19 driver safety. Any obligation, contract, cooperative agree20 ment, or support granted under this section in excess of

21 $250,000 shall be awarded on a competitive basis. The Sec22 retary shall submit annually a report to the Committee on

23 Commerce, Science, and Transportation of the Senate and

24 the Committee on Transportation and Infrastructure of the

25 House of Representatives on the research activities carried
612

S 1173 OPS

1 out under this section, including the amount, purpose, re2 cipient and nature of each contract, cooperative agreement

3 or award and results of such research activities carried out

4 under this section, including benefits to motor carrier safe5 ty.’’.

6 SEC. 3408. AUTHORIZATION OF APPROPRIATIONS.

7 Section 31107 is amended to read as follows:

8 ‘‘§ 31107. Authorization of appropriations for informa9 tion systems and strategic safety initia10 tives

11 ‘‘(a) IN GENERAL.—There shall be available from the

12 Highway Trust Fund (other than the Mass Transit Ac13 count) for the Secretary to incur obligations to carry out

14 section 31106—

15 ‘‘(1) $10,000,000 for fiscal year 1998;

16 ‘‘(2) $9,620,000 for fiscal year 1999;

17 ‘‘(3) $9,620,000 for fiscal year 2000;

18 ‘‘(4) $9,620,000 for fiscal year 2001;

19 ‘‘(5) $9,320,000 for fiscal year 2002; and

20 ‘‘(6) $9,320,000 for fiscal year 2003.

21 ‘‘(b) AVAILABILITY.—The amounts made available

22 under this subsection shall remain available until ex23 pended.’’.

24 SEC. 3409. CONFORMING AMENDMENTS.

25 The chapter analysis for chapter 311 is amended—
613

S 1173 OPS

1 (1) by striking the heading for subchapter I and

2 inserting the following:

‘‘SUBCHAPTER I—STATE GRANTS AND OTHER COMMERCIAL MOTOR

VEHICLE PROGRAMS’’;

3 and

4 (2) by striking the items relating to sections

5 31106 and 31107 and inserting the following:

‘‘31106. Information systems and strategic safety initiatives.

‘‘31107. Authorization of appropriations for information systems and strategic

safety initiatives.’’.

6 SEC. 3410. AUTOMOBILE TRANSPORTER DEFINED.

7 Section 31111(a) is amended—

8 (1) by redesignating paragraphs (1) and (2) as

9 paragraphs (2) and (3), respectively; and

10 (2) by inserting before paragraph (2), as redesig11 nated, the following:

12 ‘‘(1) ‘automobile transporter’ means any vehicle

13 combination designed and used specifically for the

14 transport of assembled highway vehicles, including

15 truck camper units.’’.

16 SEC. 3411. REPEAL OF REVIEW PANEL; REVIEW PROCE17 DURE.

18 (a) REPEAL.—Subchapter III of chapter 311 is

19 amended—

20 (1) by striking sections 31134 and 31140; and
614

S 1173 OPS

1 (2) by striking the items relating to sections

2 31134 and 31140 in the chapter analysis for that

3 chapter.

4 (b) REVIEW PROCEDURE.—

5 (1) IN GENERAL.—Section 31141 is amended—

6 (A) by striking subsection (b) and redesig7 nating subsections (c), (d), (e), (f), (g), and (h)

8 as subsections (b), (c), (d), (e), (f), and (g), re9 spectively;

10 (B) by striking so much of subsection (b), as

11 redesignated, as precedes paragraph (2) and in12 serting the following:

13 ‘‘(b) REVIEW AND DECISIONS BY THE SECRETARY.—

14 ‘‘(1) The Secretary shall review the laws and

15 regulations on commercial motor vehicle safety in ef16 fect in each State, and decide—

17 ‘‘(A) whether the State law or regulation—

18 ‘‘(i) has the same effect as a regulation

19 prescribed by the Secretary under section

20 31136 of this title;

21 ‘‘(ii) is less stringent than that regula22 tion; or

23 ‘‘(iii) is additional to or more strin24 gent than that regulation; and
615

S 1173 OPS

1 ‘‘(B) for each State law or regulation which

2 is additional to or more stringent than the regu3 lation prescribed by the Secretary, whether—

4 ‘‘(i) the State law or regulation has no

5 safety benefit;

6 ‘‘(ii) the State law or regulation is in7 compatible with the regulation prescribed

8 by the Secretary under section 31136 of this

9 title; or

10 ‘‘(iii) enforcement of the State law or

11 regulation would cause an unreasonable

12 burden on interstate commerce.’’;

13 (C) by striking paragraph (5) of subsection

14 (b)(5), as redesignated, and inserting the follow15 ing:

16 ‘‘(5) In deciding under paragraph (4) of this

17 subsection whether a State law or regulation will

18 cause an unreasonable burden on interstate commerce,

19 the Secretary may consider the effect on interstate

20 commerce of implementation of all similar laws and

21 regulations of other States.’’;

22 (D) by striking subsections (d) and (e), as

23 redesignated, and inserting the following:
616

S 1173 OPS

1 ‘‘(d) WRITTEN NOTICE OF DECISIONS.—The Secretary

2 shall give written notice of the decision under subsection

3 (b) of this section to the State concerned.’’; and

4 (E) by redesignating subsections (f) and (g),

5 as redesignated, as subsections (e) and (f), re6 spectively.

7 (2) CONFORMING CHANGES.—

8 (A) The heading of section 31141 of such

9 title is amended to read as follows:

10 ‘‘§ 31141. Preemption of State laws and regulations’’.

11 (B) The chapter analysis of chapter 311 of

12 such title is amended by striking the item relat13 ing to section 31141 and inserting the following:

‘‘31141. Preemption of State laws and regulations.’’.

14 (c) INSPECTION OF VEHICLES.—

15 (1) Section 31142 is amended—

16 (A) in subsection (a), by striking ‘‘part 393

17 of title 49, Code of Federal Regulations’’ and in18 serting ‘‘regulations issued pursuant to section

19 31135 of this title’’; and

20 (B) by striking subsection (c)(1)(C) and in21 serting the following:

22 ‘‘(C) prevent a State from participating in

23 the activities of a voluntary group of States en24 forcing a program for inspection of commercial

25 motor vehicles; or’’.
617

S 1173 OPS

1 (2) Subchapter IV of chapter 311 is amended—

2 (A) by striking sections 31161 and 31162;

3 and

4 (B) by striking the items relating to sections

5 31161 and 31162 in the chapter analysis for that

6 chapter.

7 (3) Section 31102(b)(1), as amended by section

8 3402(c)(1), is amended—

9 (A) by striking ‘‘and’’ at the end of sub10 paragraph (Q);

11 (B) by striking ‘‘thereunder.’’ in subpara12 graph (R) and inserting ‘‘thereunder; and’’; and

13 (C) by adding at the end thereof the follow14 ing:

15 ‘‘(S) provides that the State will establish a

16 program (i) to ensure the proper and timely cor17 rection of commercial motor vehicle safety viola18 tions noted during an inspection carried out

19 with funds authorized under section 31104 of

20 this title; and (ii) to ensure that information is

21 exchanged among the States in a timely man22 ner.’’.

23 (d) SAFETY FITNESS OF OWNERS AND OPERATORS.—

24 Section 31144 is amended to read as follows:
618

S 1173 OPS

1 ‘‘§ 31144. Safety fitness of owners and operators

2 ‘‘(a) PROCEDURE.—The Secretary of Transportation

3 shall maintain in regulation a procedure for determining

4 the safety fitness of owners and operators of commercial

5 motor vehicles, including persons seeking new or additional

6 operating authority as motor carriers under section 13902

7 of this title. The procedure shall include—

8 ‘‘(1) specific initial and continuing requirements

9 to be met by the owners, operators, and other persons

10 to demonstrate safety fitness;

11 ‘‘(2) a means of deciding whether the owners, op12 erators, or other persons meet the safety requirements

13 under paragraph (1); and

14 ‘‘(3) specific time deadlines for action by the

15 Secretary in making fitness decisions.

16 ‘‘(b) PROHIBITED TRANSPORTATION.—Except as pro17 vided in sections 521(b)(5)(A) and 5113, a motor carrier

18 that fails to meet the safety fitness requirements established

19 under subsection (a) may not operate in interstate com20 merce beginning on the 61st day after the date of the deter21 mination by the Secretary that the motor carrier fails to

22 meet the safety fitness requirements and until the motor

23 carrier meets the safety fitness requirements. The Secretary

24 may, for good cause shown, provide a carrier with up to

25 an additional 60 days to meet the safety fitness require26 ments.
619

S 1173 OPS

1 ‘‘(c) RATING REVIEW.—The Secretary shall review the

2 factors that resulted in a motor carrier failing to meet the

3 safety fitness requirements not later than 45 days after the

4 motor carrier requests a review.

5 ‘‘(d) GOVERNMENT USE PROHIBITED.—A department,

6 agency, or instrumentality of the United States Government

7 may not use a motor carrier that does not meet the safety

8 fitness requirements.

9 ‘‘(e) PUBLIC AVAILABILITY; UPDATING OF FITNESS

10 DETERMINATIONS.—The Secretary shall amend the motor

11 carrier safety regulations in subchapter B of chapter III

12 of title 49, Code of Federal Regulations, to establish a sys13 tem to make readily available to the public, and to update

14 periodically, the final safety fitness determinations of motor

15 carriers made by the Secretary.

16 ‘‘(f) PENALTIES.—The Secretary shall prescribe regu17 lations setting penalties for violations of this section con18 sistent with section 521 of this title.’’.

19 (e) SAFETY FITNESS OF PASSENGER AND HAZARDOUS

20 MATERIAL CARRIERS.—

21 (1) IN GENERAL.—Section 5113 is amended—

22 (A) by striking subsection (a) and inserting

23 the following:

24 ‘‘(a) PROHIBITED TRANSPORTATION.—
620

S 1173 OPS

1 ‘‘(1) A motor carrier that fails to meet the safety

2 fitness requirements established under subsection

3 31144(a) of this title may not operate a commercial

4 motor vehicle (as defined in section 31132 of this

5 title)—

6 ‘‘(A) to transport hazardous material for

7 which placarding of a motor vehicle is required

8 under regulations prescribed under this chapter;

9 or

10 ‘‘(B) to transport more than 15 individuals.

11 ‘‘(2) The prohibition in paragraph (1) of this

12 subsection applies beginning on the 46th day after the

13 date on which the Secretary determines that a motor

14 carrier fails to meet the safety fitness requirements

15 and applies until the motor carrier meets the safety

16 fitness requirements.’’;

17 (B) by striking ‘‘RATING’’ in the heading of

18 subsection (b) and inserting ‘‘FITNESS’’;

19 (C) by striking ‘‘receiving an unsatisfactory

20 rating’’ in subsection (b) and inserting ‘‘failing

21 to meet the safety fitness requirements’’;

22 (D) by striking ‘‘has an unsatisfactory rat23 ing from the Secretary’’ in subsection (c) and in24 serting ‘‘failed to meet the safety fitness require25 ments’’; and
621

S 1173 OPS

1 (E) by striking ‘‘RATINGS’’ in the heading

2 of subsection (d) and inserting ‘‘FITNESS DE3 TERMINATIONS’’;

4 (F) by striking ‘‘, in consultation with the

5 Interstate Commerce Commission,’’ in subsection

6 (d); and

7 (G) by striking ‘‘ratings of motor carriers

8 that have unsatisfactory ratings from’’ in sub9 section (d) and inserting ‘‘fitness determinations

10 of motor carriers made by’’.

11 (2) CONFORMING AMENDMENTS.—

12 (A) The heading of section 5113 of such

13 chapter is amended to read as follows:

14 ‘‘§ 5113. Safety fitness of passenger and hazardous

15 material carriers’’.

16 (B) The chapter analysis for chapter 51 is

17 amended by striking the item relating to section

18 5113 and inserting the following:

‘‘5113. Safety fitness of passenger and hazardous material carriers.’’.

19 (f) DEFINITIONS.—

20 (1) Section 31101(1) is amended—

21 (A) in subparagraph (A)—

22 (i) by inserting ‘‘or gross vehicle

23 weight, whichever is greater,’’ after ‘‘rat24 ing’’; and
622

S 1173 OPS

1 (ii) by striking ‘‘10,000’’ and inserting

2 ‘‘10,001’’;

3 (B) in subparagraph (B), by striking ‘‘driv4 er; or’’ and inserting ‘‘driver, or a smaller num5 ber of passengers including the driver as deter6 mined under regulations implementing sections

7 31132(1)(B) or 31301(4)(B)’’;

8 (C) in subparagraph (C), by inserting ‘‘and

9 transported in a quantity requiring placarding

10 under regulations prescribed by the Secretary

11 under section 5103’’ after ‘‘title’’.

12 (2) Section 31132 is amended—

13 (A) in paragraph (1)(A), by inserting ‘‘or

14 gross vehicle weight, whichever is greater,’’ after

15 ‘‘rating’’; and

16 (B) by adding at the end of paragraph (3)

17 the following:

18 ‘‘For purposes of this paragraph, the term ‘business

19 affecting interstate commerce’ means a business pre20 dominantly engaged in employing commercial motor

21 vehicles in interstate commerce and includes all oper22 ations of the business in intrastate commerce which

23 use vehicles otherwise defined as commercial motor ve24 hicles under paragraph (1) of this section.’’.
623

S 1173 OPS

1 (g) EMPLOYEE PROTECTIONS.—Not later than 2 years

2 after the date of enactment of this Act, the Secretary of

3 Transportation, in conjunction with the Secretary of Labor,

4 shall report to the Committee on Commerce, Science, and

5 Transportation of the Senate and the Committee on Trans6 portation and Infrastructure of the House of Representa7 tives on the effectiveness of existing statutory employee pro8 tections provided for under section 31105 of title 49, United

9 States Code. The report shall include recommendations to

10 address any statutory changes as may be necessary to

11 strengthen the enforcement of such employee protection pro12 visions.

13 (h) INSPECTIONS AND REPORTS.—

14 (1) GENERAL POWERS OF THE SECRETARY.—

15 Section 31133(a)(1) is amended by inserting ‘‘and

16 make contracts for’’ after ‘‘conduct’’.

17 (2) REPORTS AND RECORDS.—Section 504(c) is

18 amended by inserting ‘‘(and, in the case of a motor

19 carrier, a contractor)’’ before the second comma.

20 SEC. 3412. COMMERCIAL MOTOR VEHICLE OPERATORS.

21 (a) REPEAL OF OBSOLETE GRANT PROGRAMS.—Chap22 ter 313 is amended—

23 (1) by striking sections 31312 and 31313; and
624

S 1173 OPS

1 (2) by striking the items relating to sections

2 31312 and 31313 in the chapter analysis for that

3 chapter.

4 (b) COMMERCIAL DRIVER’S LICENSE REQUIRE5 MENT.—

6 (1) IN GENERAL.—Section 31302 is amended to

7 read as follows:

8 ‘‘§ 31302. Commercial driver’s license requirement

9 ‘‘No individual shall operate a commercial motor vehi10 cle without a commercial driver’s license issued according

11 to section 31308 of this title.’’.

12 (2) CONFORMING AMENDMENTS.—

13 (A) The chapter analysis for that chapter is

14 amended by striking the item relating to section

15 31302 and inserting the following:

‘‘31302. Commercial driver’s license requirement.’’.

16 (B) Section 31305(a) is amended by redes17 ignating paragraphs (2) through (8) as para18 graphs (3) through (9), respectively, and by in19 serting after paragraph (1) the following:

20 ‘‘(2) may establish performance-based testing

21 and licensing standards that more accurately measure

22 and reflect an individual’s knowledge and skills as an

23 operator;’’.

24 (c) COMMERCIAL DRIVER’S LICENSE INFORMATION

25 SYSTEM.—Section 31309 is amended—
625

S 1173 OPS

1 (1) in subsection (a), by striking ‘‘make an

2 agreement under subsection (b) of this section for the

3 operation of, or establish under subsection (c) of this

4 section,’’ and inserting ‘‘maintain’’;

5 (2) by striking subsections (b) and (c) and redes6 ignating subsections (d), (e), and (f) as subsections

7 (b), (c), and (d), respectively;

8 (3) by striking ‘‘Not later than December 31,

9 1990, the’’ in paragraph (2) of subsection (b), as re10 designated, and inserting ‘‘The’’; and

11 (4) in subsection (c), as redesignated—

12 (A) by inserting after the heading the fol13 lowing: ‘‘Information about a driver in the in14 formation system may be made available under

15 the following circumstances:’’; and

16 (B) by starting a new paragraph with ‘‘(1)

17 On request’’ and indenting the paragraph 2 ems

18 from the lefthand margin.

19 (d) REQUIREMENTS FOR STATE PARTICIPATION.—Sec20 tion 31311(a) is amended—

21 (1) by striking ‘‘31310(b)-(e)’’ in paragraph (15)

22 and inserting ‘‘31310 (b)-(e), and (g)(1)(A) and (2)’’;

23 (2) by striking paragraph (17); and

24 (3) by redesignating paragraph (18) as para25 graph (17).
626

S 1173 OPS

1 (e) WITHHOLDING AMOUNTS FOR STATE NONCOMPLI2 ANCE.—Section 31314 is amended—

3 (1) in subsection (a), by striking ‘‘, (2), (5), and

4 (6)’’ and inserting ‘‘(3), and (5)’’;

5 (2) in subsections (a) and (b), by striking

6 ‘‘1992’’ each place it appears and inserting ‘‘1995’’;

7 (3) in subsection (c), by striking paragraph (1);

8 (4) in subsection (c)(2), by striking ‘‘(2)’’;

9 (5) by striking subsection (d); and

10 (6) by redesignating subsection (e) as subsection

11 (d).

12 (f) COMMERCIAL MOTOR VEHICLE DEFINED.—Section

13 31301 is amended—

14 (1) in paragraph (4)(A), by inserting ‘‘or gross

15 vehicle weight, whichever is greater,’’ after ‘‘rating’’

16 each place it appears; and

17 (2) in paragraph (4)(C)(ii), by inserting ‘‘is’’ be18 fore ‘‘transporting’’ each place it appears and before

19 ‘‘not otherwise’’.

20 (g) SAFETY PERFORMANCE HISTORY OF NEW DRIV21 ERS; LIMITATION ON LIABILITY.—

22 (1) IN GENERAL.—Chapter 5 is amended by add23 ing at the end the following:
627

S 1173 OPS

1 ‘‘§ 508. Safety performance history of new drivers; lim2 itation on liability

3 ‘‘(a) LIMITATION ON LIABILITY.—No action or pro4 ceeding for defamation, invasion of privacy, or interference

5 with a contract that is based on the furnishing or use of

6 safety performance records in accordance with regulations

7 issued by the Secretary may be brought against—

8 ‘‘(1) a motor carrier requesting the safety per9 formance records of an individual under consider10 ation for employment as a commercial motor vehicle

11 driver as required by and in accordance with regula12 tions issued by the Secretary;

13 ‘‘(2) a person who has complied with such a re14 quest; or

15 ‘‘(3) the agents or insurers of a person described

16 in paragraph (1) or (2).

17 ‘‘(b) RESTRICTIONS.—

18 ‘‘(1) Subsection (a) does not apply unless—

19 ‘‘(A) the motor carrier requesting the safety

20 performance records at issue, the person comply21 ing with such a request, and their agents have

22 taken all precautions reasonably necessary to en23 sure the accuracy of the records and have fully

24 complied with the regulations issued by the Sec25 retary in using and furnishing the records, in26 cluding the requirement that the individual who
628

S 1173 OPS

1 is the subject of the records be afforded a reason2 able opportunity to review and comment on the

3 records;

4 ‘‘(B) the motor carrier requesting the safety

5 performance records, the person complying with

6 such a request, their agents, and their insurers,

7 have taken all precautions reasonably necessary

8 to protect the records from disclosure to any per9 son, except for their insurers, not directly in10 volved in forwarding the records or deciding

11 whether to hire that individual; and

12 ‘‘(C) the motor carrier requesting the safety

13 performance records has used those records only

14 to assess the safety performance of the individual

15 who is the subject of those records in deciding

16 whether to hire that individual.

17 ‘‘(2) Subsection (a) does not apply to persons

18 who knowingly furnish false information.

19 ‘‘(c) PREEMPTION OF STATE AND LOCAL LAW.—No

20 State or political subdivision thereof may enact, prescribe,

21 issue, continue in effect, or enforce any law (including any

22 regulation, standard, or other provision having the force

23 and effect of law) that prohibits, penalizes, or imposes li24 ability for furnishing or using safety performance records

25 in accordance with regulations issued by the Secretary. Not-
629

S 1173 OPS

1 withstanding any provision of law, written authorization

2 shall not be required to obtain information on the motor

3 vehicle driving record of an individual under consideration

4 for employment with a motor carrier.’’.

5 (2) CONFORMING AMENDMENT.—The chapter

6 analysis for chapter 5 is amended by inserting after

7 the item relating to section 507 the following:

‘‘508. Safety performance history of new drivers; limitation on liability.’’.

8 SEC. 3413. PENALTIES.

9 (a) NOTIFICATION OF VIOLATIONS AND ENFORCEMENT

10 PROCEDURES.—Section 521(b)(1) is amended—

11 (1) by inserting: ‘‘with the exception of reporting

12 and recordkeeping violations,’’ in the first sentence of

13 subparagraph (A) after ‘‘under any of those provi14 sions,’’;

15 (2) by striking ‘‘fix a reasonable time for abate16 ment of the violation,’’ in the third sentence of sub17 paragraph (A);

18 (3) by striking ‘‘(A)’’ in subparagraph (A); and

19 (4) by striking subparagraph (B).

20 (b) CIVIL PENALTIES.—Section 521(b)(2) is amend21 ed—

22 (1) by striking subparagraph (A) and inserting

23 the following:

24 ‘‘(A) IN GENERAL.—Except as otherwise

25 provided in this subsection, any person who is
630

S 1173 OPS

1 determined by the Secretary, after notice and op2 portunity for a hearing, to have committed an

3 act that is a violation of regulations issued by

4 the Secretary under subchapter III of chapter

5 311 (except sections 31137 and 31138) or section

6 31502 of this title shall be liable to the United

7 States for a civil penalty in an amount not to

8 exceed $10,000 for each offense. Notwithstanding

9 any other provision of this section (except sub10 paragraph (C)), no civil penalty shall be assessed

11 under this section against an employee for a vio12 lation in an amount exceeding $2,500.’’;

13 (2) by redesignating subparagraphs (B) and (C)

14 as subparagraphs (C) and (D), respectively; and

15 (3) by inserting after subparagraph (A) the fol16 lowing:

17 ‘‘(B) RECORDKEEPING AND REPORTING VIO18 LATIONS.—

19 ‘‘(i) A person required to make a re20 port to the Secretary, answer a question, or

21 make, prepare, or preserve a record under

22 section 504 of this title or under any regu23 lation issued by the Secretary pursuant to

24 subchapter III of chapter 311 (except sec25 tions 31137 and 31138) or section 31502 of
631

S 1173 OPS

1 this title about transportation by motor car2 rier, motor carrier of migrant workers, or

3 motor private carrier, or an officer, agent,

4 or employee of that person, who—

5 ‘‘(I) does not make that report;

6 ‘‘(II) does not specifically, com7 pletely, and truthfully answer that

8 question in 30 days from the date the

9 Secretary requires the question to be

10 answered; or

11 ‘‘(III) does not make, prepare, or

12 preserve that record in the form and

13 manner prescribed by the Secretary,

14 shall be liable to the United States for a

15 civil penalty in an amount not to exceed

16 $500 for each offense, and each day of the

17 violation shall constitute a separate offense,

18 except that the total of all civil penalties as19 sessed against any violator for all offenses

20 related to any single violation shall not ex21 ceed $5,000.

22 ‘‘(ii) Any such person, or an officer,

23 agent, or employee of that person, who—
632

S 1173 OPS

1 ‘‘(I) knowingly falsifies, destroys,

2 mutilates, or changes a required report

3 or record;

4 ‘‘(II) knowingly files a false re5 port with the Secretary;

6 ‘‘(III) knowingly makes or causes

7 or permits to be made a false or in8 complete entry in that record about an

9 operation or business fact or trans10 action; or

11 ‘‘(IV) knowingly makes, prepares,

12 or preserves a record in violation of a

13 regulation or order of the Secretary,

14 shall be liable to the United States for a

15 civil penalty in an amount not to exceed

16 $5,000 for each violation, provided that any

17 such action can be shown to have misrepre18 sented a fact that constitutes a violation

19 other than a reporting or recordkeeping vio20 lation.’’.

21 SEC. 3414. INTERNATIONAL REGISTRATION PLAN AND

22 INTERNATIONAL FUEL TAX AGREEMENT.

23 Chapter 317 is amended—

24 (1) by striking sections 31702, 31703, and

25 31708; and
633

S 1173 OPS

1 (2) by striking the items relating to sections

2 31702, 31703, and 31708 in the chapter analysis for

3 that chapter.

4 SEC. 3415. STUDY OF ADEQUACY OF PARKING FACILITIES.

5 The Secretary shall conduct studies to determine the

6 location and quantity of parking facilities at commercial

7 truck stops and travel plazas and public rest areas that

8 could be used by motor carriers to comply with Federal

9 hours-of-service rules. Each study shall include an inven10 tory of current facilities serving corridors of the National

11 Highway System, analyze where specific shortages exist or

12 are projected to exist, and propose a specific plan to reduce

13 the shortages. The studies may be carried out in cooperation

14 with research entities representing the motor carrier and

15 travel plaza industry. The studies shall be completed not

16 later than 36 months after the date of enactment of this

17 Act.

18 SEC. 3416. APPLICATION OF REGULATIONS.

19 (a) APPLICATION OF REGULATIONS TO CERTAIN COM20 MERCIAL MOTOR VEHICLES.—Section 31135 as redesig21 nated, is amended by adding at the end the following:

22 ‘‘(g) APPLICATION TO CERTAIN VEHICLES.—Effective

23 12 months after the date of enactment of the Intermodal

24 Transportation Safety Act of 1998, regulations prescribed

25 under this section shall apply to operators of commercial
634

S 1173 OPS

1 motor vehicles described in section 31132(1)(B) to the extent

2 that those regulations did not apply to those operators be3 fore the day that is 12 months after such date of enactment,

4 except to the extent that the Secretary determines, through

5 a rulemaking proceeding, that it is appropriate to exempt

6 such operations of commercial motor vehicles from the ap7 plication of those regulations.’’.

8 (b) DEFINITION.—Section 31301(4)(B) is amended to

9 read as follows:

10 ‘‘(B) is designed or used to transport—

11 ‘‘(i) passengers for compensation, but

12 does not include a vehicle providing taxicab

13 service and having a capacity of not more

14 than 6 passengers and not operated on a

15 regular route or between specified places; or

16 ‘‘(ii) more than 15 passengers, includ17 ing the driver, and not used to transport

18 passengers for compensation; or’’.

19 (c) APPLICATION OF REGULATIONS TO CERTAIN OPER20 ATORS.—

21 (1) Chapter 313 is amended by adding at the

22 end the following:
635

S 1173 OPS

1 ‘‘§ 31318. Application of regulations to certain opera2 tors

3 ‘‘Effective 12 months after the date of enactment of the

4 Intermodal Transportation Safety Act of 1998, regulations

5 prescribed under this chapter shall apply to operators of

6 commercial motor vehicles described in section 31301(4)(B)

7 to the extent that those regulations did not apply to those

8 operators before the day that is 1 year after such date of

9 enactment, except to the extent that the Secretary deter10 mines, after notice and opportunity for public comment,

11 that it is appropriate to exempt such operators of commer12 cial motor vehicles from the application of those regula13 tions.’’.

14 (2) The analysis for chapter 313 is amended by

15 adding at the end the following:

‘‘31318. Application of regulations to certain operators.’’.

16 (d) DEADLINE FOR CERTAIN DEFINITIONAL REGULA17 TIONS.—The Secretary shall issue regulations implement18 ing the definition of commercial motor vehicles under sec19 tion 31132(1)(B) and section 31301(4)(B) of title 49,

20 United States Code, as amended by this Act within 12

21 months after the date of enactment of this Act.

22 SEC. 3417. AUTHORITY OVER CHARTER BUS TRANSPOR23 TATION.

24 Section 14501(a) is amended—
636

S 1173 OPS

1 (1) by striking ‘‘route or relating’’ and inserting

2 ‘‘route;’’; and

3 (2) by striking ‘‘required.’’ and inserting ‘‘re4 quired; or to the authority to provide intrastate or

5 interstate charter bus transportation.’’.

6 SEC. 3418. FEDERAL MOTOR CARRIER SAFETY INVESTIGA7 TIONS.

8 The Department of Transportation shall maintain the

9 level of Federal motor carrier safety investigators for inter10 national border commercial vehicle inspections as in effect

11 on September 30, 1997, or provide for alternative resources

12 and mechanisms to ensure an equivalent level of commercial

13 motor vehicle safety inspections. Such funds as are nec14 essary to carry out this section shall be made available

15 within the limitation on general operating expenses of the

16 Department of Transportation.

17 SEC. 3419. FOREIGN MOTOR CARRIER SAFETY FITNESS.

18 (a) IN GENERAL.—No later than 90 days after enact19 ment of this Act, the Secretary of Transportation shall make

20 a determination regarding the willingness and ability of

21 any foreign motor carrier, the application for which has

22 not been processed due to the moratorium on the granting

23 of authority to foreign carriers to operate in the United

24 States, to meet the safety fitness and other regulatory re25 quirements under this title.
637

S 1173 OPS

1 (b) REPORT.—Not later than 120 days after the date

2 of enactment this Act, the Secretary of Transportation shall

3 submit a report to the Committee on Commerce, Science,

4 and Transportation of the Senate and the Committee on

5 Transportation and Infrastructure of the House of Rep6 resentatives on the application of section 13902(c)(9) of title

7 49, United States Code. The report shall include—

8 (1) any findings made by the Secretary under

9 subsection (a);

10 (2) information on which carriers have applied

11 to the Department of Transportation under that sec12 tion; and

13 (3) a description of the process utilized to re14 spond to such applications and to certify the safety

15 fitness of those carriers.

16 SEC. 3420. COMMERCIAL MOTOR VEHICLE SAFETY ADVI17 SORY COMMITTEE.

18 (a) ESTABLISHMENT.—The Secretary of Transpor19 tation may establish a Commercial Motor Vehicle Safety

20 Advisory Committee to provide advice and recommenda21 tions on a range of regulatory issues. The members of the

22 advisory committee shall be appointed by the Secretary

23 from among individuals affected by rulemakings under con24 sideration by the Department of Transportation.
638

S 1173 OPS

1 (b) FUNCTION.—The Advisory Committee established

2 under subsection (a) shall provide advice to the Secretary

3 on commercial motor vehicle safety regulations and safety

4 review procedures and findings, and may assist the Sec5 retary in timely completion of ongoing rulemakings by uti6 lizing negotiated rulemaking procedures.

7 SEC. 3421. WAIVERS; EXEMPTIONS; PILOT PROGRAMS.

8 (a) WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS

9 FOR CHAPTERS 311 AND 315.—Section 31136(e) is amend10 ed—

11 (1) by redesignating paragraphs (2) and (3) as

12 paragraphs (5) and (6), respectively; and

13 (2) by striking the subsection heading and para14 graph (1) and inserting the following:

15 ‘‘(e) WAIVERS, EXEMPTIONS, AND PILOT PRO16 GRAMS.—

17 ‘‘(1) IN GENERAL.—The Secretary shall, by regu18 lation promulgated after notice and an opportunity

19 for public comment and within 180 days after the

20 date of enactment of the Intermodal Transportation

21 Safety Act of 1998, establish procedures by which

22 waivers, exemptions, and pilot programs under this

23 section may be initiated. The regulation shall pro24 vide—
639

S 1173 OPS

1 ‘‘(A) a process for the issuance of waivers or

2 exemptions from any part of a regulation pre3 scribed under this subchapter or chapter 315;

4 and

5 ‘‘(B) procedures for the conduct of pilot

6 projects or demonstration programs to support

7 the appropriateness of regulations, enforcement

8 policies, waivers, or exemptions under this sec9 tion.

10 ‘‘(2) WAIVERS.—The Secretary may grant a

11 waiver that relieves a person from compliance in

12 whole or in part with a regulation issued under this

13 subchapter or chapter 315 if the Secretary determines

14 that it is in the public interest to grant the waiver

15 and that the waiver is likely to achieve a level of safe16 ty that is equivalent to, or greater than, the level of

17 safety that would be obtained in the absence of the

18 waiver—

19 ‘‘(A) for a period not in excess of 3 months;

20 ‘‘(B) limited in scope and circumstances;

21 ‘‘(C) for nonemergency and unique events;

22 and

23 ‘‘(D) subject to such conditions as the Sec24 retary may impose.
640

S 1173 OPS

1 ‘‘(3) EXEMPTIONS.—The Secretary may grant

2 an exemption in whole or in part from a regulation

3 issued under this subchapter or chapter 315 to a class

4 of persons, vehicles, or circumstances if the Secretary

5 determines, after notice and opportunity for public

6 comment, that it is in the public interest to grant the

7 exemption and that the exemption is likely to achieve

8 a level of safety that is equivalent to, or greater than,

9 the level of safety that would be obtained in the ab10 sence of the exemption. An exemption granted under

11 this paragraph shall be in effect for a period of not

12 more than 2 years, but may be renewed by the Sec13 retary after notice and opportunity for public com14 ment if the Secretary determines, based on the safety

15 impact and results of the first 2 years of an exemp16 tion, that the extension is in the public interest and

17 that the extension of the exemption is likely to achieve

18 a level of safety that is equivalent to, or greater than,

19 the level of safety that would be obtained in the ab20 sence of the extension.

21 ‘‘(4) PILOT PROGRAMS.—

22 ‘‘(A) IN GENERAL.—In carrying out this

23 section, the Secretary is authorized to carry out

24 pilot programs to examine innovative ap-
641

S 1173 OPS

1 proaches or alternatives to regulations issued

2 under this chapter or chapter 315.

3 ‘‘(B) REQUIREMENT FOR APPROVAL.—In

4 carrying out a pilot project under this para5 graph, the Secretary shall require, as a condition

6 of approval of the project, that the safety meas7 ures in the project are designed to achieve a level

8 of safety that is equivalent to, or greater than,

9 the level of safety that would otherwise be

10 achieved through compliance with the standards

11 prescribed under this subchapter or chapter 315.

12 ‘‘(C) EXEMPTIONS.—A pilot project under

13 this paragraph—

14 ‘‘(i) may exempt a motor carrier under

15 the project from any requirement (or por16 tion thereof) imposed under this subchapter

17 or chapter 315; and

18 ‘‘(ii) shall preempt any State or local

19 regulation that conflicts with the pilot

20 project during the time the pilot project is

21 in effect.

22 ‘‘(D) REVOCATION OF EXEMPTION.—The

23 Secretary shall revoke an exemption granted

24 under subparagraph (C) if—
642

S 1173 OPS

1 ‘‘(i) the motor carrier to which it ap2 plies fails to comply with the terms and

3 conditions of the exemption; or

4 ‘‘(ii) the Secretary determines that the

5 exemption has resulted in a lower level of

6 safety than was maintained before the ex7 emption was granted.’’.

8 (b) WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS

9 FOR CHAPTER 313.—Section 31315 is amended—

10 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

11 ‘‘After notice’’; and

12 (2) by adding at the end the following:

13 ‘‘(b) WAIVERS, EXEMPTIONS, AND PILOT PRO14 GRAMS.—

15 ‘‘(1) IN GENERAL.—The Secretary shall, by regu16 lation promulgated after notice and an opportunity

17 for public comment and within 180 days after the

18 date of enactment of the Intermodal Transportation

19 Safety Act of 1998, establish procedures by which

20 waivers, exemptions, and pilot programs under this

21 section may be initiated. The regulation shall pro22 vide—

23 ‘‘(A) a process for the issuance of waivers or

24 exemptions from any part of a regulation pre25 scribed under this chapter; and
643

S 1173 OPS

1 ‘‘(B) procedures for the conduct of pilot

2 projects or demonstration programs to support

3 the appropriateness of regulations, enforcement

4 policies, or exemptions under this section.

5 ‘‘(2) WAIVERS.—The Secretary may grant a

6 waiver that relieves a person from compliance in

7 whole or in part with a regulation issued under this

8 chapter if the Secretary determines that it is in the

9 public interest to grant the waiver and that the waiv10 er is likely to achieve a level of safety that is equiva11 lent to, or greater than, the level of safety that would

12 be obtained in the absence of the waiver—

13 ‘‘(A) for a period not in excess of 3 months;

14 ‘‘(B) limited in scope and circumstances;

15 ‘‘(C) for nonemergency and unique events;

16 and

17 ‘‘(D) subject to such conditions as the Sec18 retary may impose.

19 ‘‘(3) EXEMPTIONS.—The Secretary may grant

20 an exemption in whole or in part from a regulation

21 issued under this chapter to a class of persons, vehi22 cles, or circumstances if the Secretary determines,

23 after notice and opportunity for public comment, that

24 it is in the public interest to grant the exemption and

25 that the exemption is likely to achieve a level of safety
644

S 1173 OPS

1 that is equivalent to, or greater than, the level of safe2 ty that would be obtained in the absence of the exemp3 tion. An exemption granted under this paragraph

4 shall be in effect for a period of not more than 2

5 years, but may be renewed by the Secretary after no6 tice and opportunity for public comment if the Sec7 retary determines, based on the safety impact and re8 sults of the first 2 years of an exemption, that the ex9 tension is in the public interest and that the extension

10 of the exemption is likely to achieve a level of safety

11 that is equivalent to, or greater than, the level of safe12 ty that would be obtained in the absence of the exten13 sion.

14 ‘‘(4) PILOT PROGRAMS.—

15 ‘‘(A) IN GENERAL.—In carrying out this

16 section, the Secretary is authorized to carry out

17 pilot programs to examine innovative ap18 proaches or alternatives to regulations issued

19 under this chapter.

20 ‘‘(B) REQUIREMENT FOR APPROVAL.—In

21 carrying out a pilot project under this para22 graph, the Secretary shall require, as a condition

23 of approval of the project, that the safety meas24 ures in the project are designed to achieve a level

25 of safety that is equivalent to, or greater than,
645

S 1173 OPS

1 the level of safety that would otherwise be

2 achieved through compliance with the standards

3 prescribed under this chapter.

4 ‘‘(C) EXEMPTIONS.—A pilot project under

5 this paragraph—

6 ‘‘(i) may exempt a motor carrier under

7 the project from any requirement (or por8 tion thereof) imposed under this chapter;

9 and

10 ‘‘(ii) shall preempt any State or local

11 regulation that conflicts with the pilot

12 project during the time the pilot project is

13 in effect.

14 ‘‘(D) REVOCATION OF EXEMPTION.—The

15 Secretary shall revoke an exemption granted

16 under subparagraph (C) if—

17 ‘‘(i) the motor carrier to which it ap18 plies fails to comply with the terms and

19 conditions of the exemption; or

20 ‘‘(ii) the Secretary determines that the

21 exemption has resulted in a lower level of

22 safety than was maintained before the ex23 emption was granted.’’.
646

S 1173 OPS

1 SEC. 3422. COMMERCIAL MOTOR VEHICLE SAFETY STUDIES.

2 (a) IN GENERAL.—The Secretary shall conduct a

3 study of the impact on safety and infrastructure of tandem

4 axle commercial motor vehicle operations in States that

5 permit the operation of such vehicles in excess of the weight

6 limits established by section 127 of title 23, United States

7 Code.

8 (b) COOPERATIVE AGREEMENTS WITH STATES.—The

9 Secretary shall enter into cooperative agreements with

10 States described in subsection (a) under which the States

11 participate in the collection of weight-in-motion data nec12 essary to achieve the purpose of the study. If the Secretary

13 determines that additional weight-in-motion sites, on or off

14 the Dwight D. Eisenhower System of Interstate and Defense

15 Highways, are necessary to carry out the study, and re16 quests assistance from the States in choosing appropriate

17 locations, the States shall identify the industries or trans18 portation companies operating within their borders that

19 regularly utilize the 35,000-pound tandem axle.

20 (c) REPORT.—Not later than 2 years after the date of

21 enactment of this Act, the Secretary shall transmit to Con22 gress a report on the results of the study, together with any

23 related legislative or administrative recommendations.

24 Until the Secretary transmits the report to Congress, the

25 Secretary may not withhold funds under section 104 of title

26 23, United States Code, from any State for violation of the
647

S 1173 OPS

1 grandfathered tandem axle weight limits under section 127

2 of that title.

3 SEC. 3423. INCREASED MCSAP PARTICIPATION IMPACT

4 STUDY.

5 (a) IN GENERAL.—If a State that did not receive its

6 full allocation of funding under the Motor Carrier Safety

7 Assistance Program during fiscal years 1996 and 1997

8 agrees to enter into a cooperative agreement with the Sec9 retary to evaluate the safety impact, costs, and benefits of

10 allowing such State to continue to participate fully in the

11 Motor Carrier Safety Assistance Program, then the Sec12 retary of Transportation shall allocate to that State the full

13 amount of funds to which it would otherwise be entitled

14 for fiscal years 1998, 1999, 2000, 2001, 2002, and 2003.

15 The Secretary may not add conditions to the cooperative

16 agreement other than those directly relating to the accurate

17 and timely collection of inspection and crash data sufficient

18 to ascertain the safety and effectiveness of such State’s pro19 gram.

20 (b) REQUIREMENTS.—

21 (1) REPORT.—The State shall submit to the Sec22 retary each year the results of such safety evaluations.

23 (2) TERMINATION BY SECRETARY.—If the Sec24 retary finds such an agreement not in the public in25 terest based on the results of such evaluations after 2
648

S 1173 OPS

1 years of full participation, the Secretary may termi2 nate the agreement entered into under this section.

3 (c) PROHIBITION OF ADOPTION OF LESSER STAND4 ARDS.—No State may enact or implement motor carrier

5 safety regulations that are determined by the Secretary to

6 be less strict than those in effect as of September 30, 1997.

7 SEC. 3424. EXEMPTION FROM CERTAIN REGULATIONS FOR

8 UTILITY SERVICE COMMERCIAL MOTOR VEHI9 CLE DRIVERS.

10 (a) IN GENERAL.—Section 31502 is amended by add11 ing at the end the following new subsection:

12 ‘‘(e) EXCEPTION.—

13 ‘‘(1) IN GENERAL.—Notwithstanding any other

14 provision of law, regulations promulgated under this

15 section or section 31136 regarding—

16 ‘‘(A) maximum driving and on-duty times

17 applicable to operators of commercial motor ve18 hicles;

19 ‘‘(B) physical testing, reporting, or record20 keeping; and

21 ‘‘(C) the installation of automatic recording

22 devices associated with establishing the maxi23 mum driving and on-duty times referred to in

24 subparagraph (A),
649

S 1173 OPS

1 shall not apply to any driver of a utility service vehi2 cle during an emergency period of not more than 30

3 days declared by an elected State or local government

4 official under paragraph (2) in the area covered by

5 the declaration.

6 ‘‘(2) DECLARATION OF EMERGENCY.—The regu7 lations described in subparagraphs (A), (B), and (C)

8 of paragraph (1) do not apply to the driver of a util9 ity service vehicle operated—

10 ‘‘(A) in the area covered by an emergency

11 declaration under this paragraph; and

12 ‘‘(B) for a period of not more than 30 days

13 designated in that declaration,

14 issued by an elected State or local government official

15 (or jointly by elected officials of more than one State

16 or local government), after notice to the Regional Di17 rector of the Federal Highway Administration with

18 jurisdiction over the area covered by the declaration.

19 ‘‘(3) INCIDENT REPORT.—Within 30 days after

20 the end of the declared emergency period the official

21 who issued the emergency declaration shall file with

22 the Regional Director a report of each safety-related

23 incident or accident that occurred during the emer24 gency period involving—
650

S 1173 OPS

1 ‘‘(A) a utility service vehicle driver to which

2 the declaration applied; or

3 ‘‘(B) a utility service vehicle to the driver of

4 which the declaration applied.

5 ‘‘(4) DEFINITIONS.—For purposes of this sub6 section—

7 ‘‘(A) DRIVER OF A UTILITY SERVICE VEHI8 CLE.—The term ‘driver of a utility service vehi9 cle’ means any driver who is considered to be a

10 driver of a utility service vehicle for purposes of

11 section 345(a)(4) of the National Highway Sys12 tem Designation Act of 1995 (49 U.S.C. 31136

13 note).

14 ‘‘(B) UTILITY SERVICE VEHICLE.—The term

15 ‘utility service vehicle’ has the meaning given

16 that term in section 345(e)(6) of the National

17 Highway System Designation Act of 1995 (49

18 U.S.C. 31136 note).’’.

19 (b) CONTINUED APPLICATION OF SAFETY AND MAIN20 TENANCE REQUIREMENTS.—

21 (1) IN GENERAL.—The amendment made by sub22 section (a) may not be construed—

23 (A) to exempt any utility service vehicle

24 from compliance with any applicable provision
651

S 1173 OPS

1 of law relating to vehicle mechanical safety,

2 maintenance requirements, or inspections; or

3 (B) to exempt any driver of a utility service

4 vehicle from any applicable provision of law (in5 cluding any regulation) established for the

6 issuance, maintenance, or periodic renewal of a

7 commercial driver’s license for that driver.

8 (2) DEFINITIONS.—For purposes of this sub9 section—

10 (A) COMMERCIAL DRIVER’S LICENSE.—The

11 term ‘‘commercial driver’s license’’ has the mean12 ing given that term in section 31301(3) of title

13 49, United States Code.

14 (B) DRIVER OF A UTILITY SERVICE VEHI15 CLE.—The term ‘‘driver of a utility service vehi16 cle’’ has the meaning given that term in section

17 31502(e)(2)(A) of title 49, United States Code, as

18 added by subsection (a).

19 (C) REGULATION.—The term ‘‘regulation’’

20 has the meaning given that term in section

21 31132(6) of title 49, United States Code.

22 (D) UTILITY SERVICE VEHICLE.—The term

23 ‘‘utility service vehicle’’ has the meaning given

24 that term in section 345(e)(6) of the National
652

S 1173 OPS

1 Highway System Designation Act of 1995 (49

2 U.S.C. 31136 note).

3 SEC. 3425. SCHOOL TRANSPORTATION SAFETY.

4 (a) STUDY.—Not later than 3 months after the date

5 of enactment of this Act, the Secretary shall offer to enter

6 into an agreement with the Transportation Research Board

7 of the National Academy of Sciences to conduct, subject to

8 the availability of appropriations, a study of the safety

9 issues attendant to the transportation of school children to

10 and from school and school-related activities by various

11 transportation modes.

12 (b) TERMS OF AGREEMENT.—The agreement under

13 subsection (a) shall provide that—

14 (1) the Transportation Research Board, in con15 ducting the study, shall consider—

16 (A) in consultation with the National

17 Transportation Safety Board, the Bureau of

18 Transportation Statistics, and other relevant en19 tities, available crash injury data;

20 (B) vehicle design and driver training re21 quirements, routing, and operational factors that

22 affect safety; and

23 (C) other factors that the Secretary consid24 ers to be appropriate;
653

S 1173 OPS

1 (2) if the data referred to in paragraph (1)(A)

2 is unavailable or insufficient, the Transportation Re3 search Board shall recommend a new data collection

4 regimen and implementation guidelines; and

5 (3) a panel shall conduct the study and shall in6 clude—

7 (A) representatives of—

8 (i) highway safety organizations;

9 (ii) school transportation; and

10 (iii) mass transportation operators;

11 (B) academic and policy analysts; and

12 (C) other interested parties.

13 (c) REPORT.—Not later than 12 months after the Sec14 retary enters into an agreement under subsection (a), the

15 Secretary shall transmit to the Committee on Commerce,

16 Science, and Transportation of the Senate and the Commit17 tee on Transportation and Infrastructure of the House of

18 Representatives a report that contains the results of the

19 study.

20 (d) AUTHORIZATION.—There are authorized to be ap21 propriated to the Department of Transportation to carry

22 out this section—

23 (1) $200,000 for fiscal year 1999; and

24 (2) $200,000 for fiscal year 2000.
654

S 1173 OPS

1 Subtitle E—Rail and Mass Trans2 portation Anti-Terrorism; Safety

3 SEC. 3501. PURPOSE.

4 The purpose of this subtitle is to protect the passengers

5 and employees of railroad carriers and mass transportation

6 systems and the movement of freight by railroad from ter7 rorist attacks.

8 SEC. 3502. AMENDMENTS TO THE ‘‘WRECKING TRAINS’’

9 STATUTE.

10 (a) Section 1992 of title 18, United States Code, is

11 amended to read as follows:

12 ‘‘§ 1992. Terrorist attacks against railroads

13 ‘‘(a) GENERAL PROHIBITIONS.—Whoever willfully—

14 ‘‘(1) wrecks, derails, sets fire to, or disables any

15 train, locomotive, motor unit, or freight or passenger

16 car used, operated, or employed by a railroad carrier;

17 ‘‘(2) brings, carries, possesses, places or causes to

18 be placed any destructive substance, or destructive de19 vice in, upon, or near any train, locomotive, motor

20 unit, or freight or passenger car used, operated, or

21 employed by a railroad carrier, without previously

22 obtaining the permission of the carrier, and with in23 tent to endanger the safety of any passenger or em24 ployee of the carrier, or with a reckless disregard for

25 the safety of human life;
655

S 1173 OPS

1 ‘‘(3) sets fire to, or places any destructive sub2 stance, or destructive device in, upon or near, or un3 dermines any tunnel, bridge, viaduct, trestle, track,

4 signal, station, depot, warehouse, terminal, or any

5 other way, structure, property, or appurtenance used

6 in the operation of, or in support of the operation of,

7 a railroad carrier, or otherwise makes any such tun8 nel, bridge, viaduct, trestle, track, station, depot,

9 warehouse, terminal, or any other way, structure,

10 property, or appurtenance unworkable or unusable or

11 hazardous to work or use, knowing or having reason

12 to know such activity would likely derail, disable, or

13 wreck a train, locomotive, motor unit, or freight or

14 passenger car used, operated, or employed by a rail15 road carrier;

16 ‘‘(4) removes appurtenances from, damages, or

17 otherwise impairs the operation of any railroad sig18 nal system, including a train control system, central19 ized dispatching system, or highway-railroad grade

20 crossing warning signal on a railroad line used, oper21 ated, or employed by a railroad carrier;

22 ‘‘(5) interferes with, disables, or incapacitates

23 any locomotive engineer, conductor, or other person

24 while they are operating or maintaining a train, lo25 comotive, motor unit, or freight or passenger car used,
656

S 1173 OPS

1 operated, or employed by a railroad carrier, with in2 tent to endanger the safety of any passenger or em3 ployee of the carrier, or with a reckless disregard for

4 the safety of human life;

5 ‘‘(6) commits an act intended to cause death or

6 serious bodily injury to an employee or passenger of

7 a railroad carrier while on the property of the car8 rier;

9 ‘‘(7) causes the release of a hazardous material

10 being transported by a rail freight car, with the in11 tent to endanger the safety of any person, or with a

12 reckless disregard for the safety of human life;

13 ‘‘(8) conveys or causes to be conveyed false infor14 mation, knowing the information to be false, concern15 ing an attempt or alleged attempt being made or to

16 be made, to do any act that would be a crime prohib17 ited by this subsection; or

18 ‘‘(9) attempts, threatens, or conspires to do any

19 of the aforesaid acts,

20 shall be fined under this title or imprisoned not more than

21 20 years, or both, if such act is committed, or in the case

22 of a threat or conspiracy such act would be committed,

23 within the United States on, against, or affecting a railroad

24 carrier engaged in or affecting interstate or foreign com25 merce, or if in the course of committing such acts, that per-
657

S 1173 OPS

1 son travels or communicates across a State line in order

2 to commit such acts, or transports materials across a State

3 line in aid of the commission of such acts; except that who4 ever is convicted of any crime prohibited by this subsection

5 shall be—

6 ‘‘(A) imprisoned for not less than 30 years

7 or for life if the railroad train involved carried

8 high-level radioactive waste or spent nuclear fuel

9 at the time of the offense;

10 ‘‘(B) imprisoned for life if the railroad

11 train involved was carrying passengers at the

12 time of the offense; and

13 ‘‘(C) imprisoned for life or sentenced to

14 death if the offense has resulted in the death of

15 any person.

16 ‘‘(b) PROHIBITIONS ON THE USE OF FIREARMS AND

17 DANGEROUS WEAPONS.—

18 ‘‘(1) Except as provided in paragraph (4), who19 ever knowingly possesses or causes to be present any

20 firearm or other dangerous weapon on board a pas21 senger train of a railroad carrier, or attempts to do

22 so, shall be fined under this title or imprisoned not

23 more than 1 year, or both, if such act is committed

24 on a railroad carrier that is engaged in or affecting

25 interstate or foreign commerce, or if in the course of
658

S 1173 OPS

1 committing such act, that person travels or commu2 nicates across a State line in order to commit such

3 act, or transports materials across a State line in aid

4 of the commission of such act.

5 ‘‘(2) Whoever, with intent that a firearm or other

6 dangerous weapon be used in the commission of a

7 crime, knowingly possesses or causes to be present

8 such firearm or dangerous weapon on board a pas9 senger train or in a passenger terminal facility of a

10 railroad carrier, or attempts to do so, shall be fined

11 under this title or imprisoned not more than 5 years,

12 or both, if such act is committed on a railroad carrier

13 that is engaged in or affecting interstate or foreign

14 commerce, or if in the course of committing such act,

15 that person travels or communicates across a State

16 line in order to commit such act, or transports mate17 rials across a State line in aid of the commission of

18 such act.

19 ‘‘(3) A person who kills or attempts to kill a per20 son in the course of a violation of paragraphs (1) or

21 (2), or in the course of an attack on a passenger train

22 or a passenger terminal facility of a railroad carrier

23 involving the use of a firearm or other dangerous

24 weapon, shall be punished as provided in sections

25 1111, 1112, and 1113.
659

S 1173 OPS

1 ‘‘(4) Paragraph (1) shall not apply to—

2 ‘‘(A) the possession of a firearm or other

3 dangerous weapon by an officer, agent, or em4 ployee of the United States, a State, or a politi5 cal subdivision thereof, while engaged in the law6 ful performance of official duties, who is author7 ized by law to engage in the transportation of

8 people accused or convicted of crimes, or super9 vise the prevention, detection, investigation, or

10 prosecution of any violation of law;

11 ‘‘(B) the possession of a firearm or other

12 dangerous weapon by an officer, agent, or em13 ployee of the United States, a State, or a politi14 cal subdivision thereof, while off duty, if such

15 possession is authorized by law;

16 ‘‘(C) the possession of a firearm or other

17 dangerous weapon by a Federal official or a

18 member of the Armed Forces if such possession is

19 authorized by law;

20 ‘‘(D) the possession of a firearm or other

21 dangerous weapon by a railroad police officer

22 employed by a rail carrier and certified or com23 missioned as a police officer under the laws of a

24 State, whether on or off duty; or
660

S 1173 OPS

1 ‘‘(E) an individual transporting a firearm

2 on board a railroad passenger train (except a

3 loaded firearm) in baggage not accessible to any

4 passenger on board the train, if the railroad car5 rier was informed of the presence of the weapon

6 prior to the firearm being placed on board the

7 train.

8 ‘‘(c) PROHIBITION AGAINST PROPELLING OBJECTS.—

9 Whoever willfully or recklessly throws, shoots, or propels a

10 rock, stone, brick, or piece of iron, steel, or other metal or

11 any deadly or dangerous object or destructive substance at

12 any locomotive or car of a train, knowing or having reason

13 to know such activity would likely cause personal injury,

14 shall be fined under this title or imprisoned for not more

15 than 5 years, or both, if such act is committed on or against

16 a railroad carrier engaged in or affecting interstate or for17 eign commerce, or if in the course of committing such act,

18 that person travels or communicates across a State line in

19 order to commit such act, or transports materials across

20 a State line in aid of the commission of such act. Whoever

21 is convicted of any crime prohibited by this subsection shall

22 also be subject to imprisonment for not more than 20 years

23 if the offense has resulted in the death of any person.

24 ‘‘(d) DEFINITIONS.—In this section—
661

S 1173 OPS

1 ‘‘(1) ‘dangerous device’ has the meaning given

2 that term in section 921(a)(4) of this title;

3 ‘‘(2) ‘dangerous weapon’’ has the meaning given

4 that term in section 930 of this title;

5 ‘‘(3) ‘destructive substance’’ has the meaning

6 given that term in section 31 of this title, except that

7 (A) the term ‘radioactive device’ does not include any

8 radioactive device or material used solely for medical,

9 industrial, research, or other peaceful purposes, and

10 (B) ‘destructive substance’ includes any radioactive

11 device or material that can be used to cause a harm

12 listed in subsection (a) and that is not in use solely

13 for medical, industrial, research, or other peaceful

14 purposes;

15 ‘‘(4) ‘firearm’ has the meaning given that term

16 in section 921 of this title;

17 ‘‘(5) ‘hazardous material’ has the meaning given

18 that term in section 5102(2) of title 49, United States

19 Code;

20 ‘‘(6) ‘high-level radioactive waste’ has the mean21 ing given that term in section 10101(12) of title 42,

22 United States Code;

23 ‘‘(7) ‘railroad’ has the meaning given that term

24 in section 20102(1) of title 49, United States Code;
662

S 1173 OPS

1 ‘‘(8) ‘railroad carrier’ has the meaning given

2 that term in section 20102(2) of title 49, United

3 States Code;

4 ‘‘(9) ‘serious bodily injury’ has the meaning

5 given that term in section 1365 of this title;

6 ‘‘(10) ‘spent nuclear fuel’ has the meaning given

7 that term in section 10101(23) of title 42, United

8 States Code; and

9 ‘‘(11) ‘State’ has the meaning given that term in

10 section 2266 of this title.’’.

11 (b) In the analysis of chapter 97 of title 18, United

12 States Code, item ‘‘1992’’ is amended to read as follows:

‘‘1992. Terrorist attacks against railroads.’’.

13 SEC. 3503. TERRORIST ATTACKS AGAINST MASS TRANSPOR14 TATION.

15 (a) Chapter 97 of title 18, United States Code, is

16 amended by adding at the end thereof the following new

17 section:

18 ‘‘§ 1994. Terrorist attacks against mass transportation

19 ‘‘(a) GENERAL PROHIBITIONS.—Whoever willfully—

20 ‘‘(1) wrecks, derails, sets fire to, or disables a

21 mass transportation vehicle or vessel;

22 ‘‘(2) places or causes to be placed any destructive

23 substance in, upon, or near a mass transportation ve24 hicle or vessel, without previously obtaining the per25 mission of the mass transportation provider, and
663

S 1173 OPS

1 with intent to endanger the safety of any passenger

2 or employee of the mass transportation provider, or

3 with a reckless disregard for the safety of human life;

4 ‘‘(3) sets fire to, or places any destructive sub5 stance in, upon, or near any garage, terminal, struc6 ture, supply, or facility used in the operation of, or

7 in support of the operation of, a mass transportation

8 vehicle, knowing or having reason to know such activ9 ity would likely derail, disable, or wreck a mass

10 transportation vehicle used, operated, or employed by

11 a mass transportation provider;

12 ‘‘(4) removes appurtenances from, damages, or

13 otherwise impairs the operation of a mass transpor14 tation signal system, including a train control sys15 tem, centralized dispatching system, or rail grade

16 crossing warning signal;

17 ‘‘(5) interferes with, disables, or incapacitates

18 any driver or person while that driver or person is

19 employed in operating or maintaining a mass trans20 portation vehicle or vessel, with intent to endanger the

21 safety of any passenger or employee of the mass trans22 portation provider, or with a reckless disregard for

23 the safety of human life;

24 ‘‘(6) commits an act intended to cause death or

25 serious bodily injury to an employee or passenger of
664

S 1173 OPS

1 a mass transportation provider on the property of a

2 mass transportation provider;

3 ‘‘(7) conveys or causes to be conveyed false infor4 mation, knowing the information to be false, concern5 ing an attempt or alleged attempt being made or to

6 be made, to do any act which would be a crime pro7 hibited by this subsection; or

8 ‘‘(8) attempts, threatens, or conspires to do any

9 of the aforesaid acts, shall be fined under this title or

10 imprisoned not more than 20 years, or both, if such

11 act is committed, or in the case of a threat or conspir12 acy such act would be committed, within the United

13 States on, against, or affecting a mass transportation

14 provider engaged in or affecting interstate or foreign

15 commerce, or if in the course of committing such act,

16 that person travels or communicates across a State

17 line in order to commit such act, or transports mate18 rials across a State line in aid of the commission of

19 such act. Whoever is convicted of a crime prohibited

20 by this section shall also be subject to imprisonment

21 for life if the mass transportation vehicle or vessel

22 was carrying a passenger at the time of the offense,

23 and imprisonment for life or sentenced to death if the

24 offense has resulted in the death of any person.
665

S 1173 OPS

1 ‘‘(b) PROHIBITIONS ON THE USE OF FIREARMS AND

2 DANGEROUS WEAPONS.—

3 ‘‘(1) Except as provided in paragraph (4), who4 ever knowingly possesses or causes to be present any

5 firearm or other dangerous weapon on board a mass

6 transportation vehicle or vessel, or attempts to do so,

7 shall be fined under this title or imprisoned not more

8 than 1 year, or both, if such act is committed on a

9 mass transportation provider engaged in or affecting

10 interstate or foreign commerce, or if in the course of

11 committing such act, that person travels or commu12 nicates across a State line in order to commit such

13 act, or transports materials across a State line in aid

14 of the commission of such act.

15 ‘‘(2) Whoever, with intent that a firearm or other

16 dangerous weapon be used in the commission of a

17 crime, knowingly possesses or causes to be present

18 such firearm or dangerous weapon on board a mass

19 transportation vehicle or vessel, or in a mass trans20 portation passenger terminal facility, or attempts to

21 do so, shall be fined under this title, or imprisoned

22 not more than 5 years, or both, if such act is commit23 ted on a mass transportation provider engaged in or

24 affecting interstate or foreign commerce, or if in the

25 course of committing such act, that person travels or
666

S 1173 OPS

1 communicates across a State line in order to commit

2 such act, or transports materials across a State line

3 in aid of the commission of such act.

4 ‘‘(3) A person who kills or attempts to kill a per5 son in the course of a violation of paragraphs (1) or

6 (2), or in the course of an attack on a mass transpor7 tation vehicle or vessel, or a mass transportation pas8 senger terminal facility involving the use of a firearm

9 or other dangerous weapon, shall be punished as pro10 vided in sections 1111, 1112, and 1113 of this title.

11 ‘‘(4) Paragraph (1) shall not apply to—

12 ‘‘(A) the possession of a firearm or other

13 dangerous weapon by an officer, agent, or em14 ployee of the United States, a State, or a politi15 cal subdivision thereof, while engaged in the law16 ful performance of official duties, who is author17 ized by law to engage in the transportation of

18 people accused or convicted of crimes, or super19 vise the prevention, detection, investigation, or

20 prosecution of any violation of law;

21 ‘‘(B) the possession of a firearm or other

22 dangerous weapon by an officer, agent, or em23 ployee of the United States, a State, or a politi24 cal subdivision thereof, while off duty, if such

25 possession is authorized by law;
667

S 1173 OPS

1 ‘‘(C) the possession of a firearm or other

2 dangerous weapon by a Federal official or a

3 member of the Armed Forces if such possession is

4 authorized by law;

5 ‘‘(D) the possession of a firearm or other

6 dangerous weapon by a railroad police officer

7 employed by a rail carrier and certified or com8 missioned as a police officer under the laws of a

9 State, whether on or off duty; or

10 ‘‘(E) an individual transporting a firearm

11 on board a mass transportation vehicle or vessel

12 (except a loaded firearm) in baggage not acces13 sible to any passenger on board the vehicle or

14 vessel, if the mass transportation provider was

15 informed of the presence of the weapon prior to

16 the firearm being placed on board the vehicle or

17 vessel.

18 ‘‘(c) PROHIBITION AGAINST PROPELLING OBJECTS.—

19 Whoever willfully or recklessly throws, shoots, or propels a

20 rock, stone, brick, or piece of iron, steel, or other metal or

21 any deadly or dangerous object or destructive substance at

22 any mass transportation vehicle or vessel, knowing or hav23 ing reason to know such activity would likely cause per24 sonal injury, shall be fined under this title or imprisoned

25 for not more than 5 years, or both, if such act is committed
668

S 1173 OPS

1 on or against a mass transportation provider engaged in

2 or substantially affecting interstate or foreign commerce, or

3 if in the course of committing such acts, that person travels

4 or communicates across a State line in order to commit

5 such acts, or transports materials across a State line in

6 aid of the commission of such acts. Whoever is convicted

7 of any crime prohibited by this subsection shall also be sub8 ject to imprisonment for not more than 20 years if the of9 fense has resulted in the death of any person.

10 ‘‘(d) DEFINITIONS.—In this section—

11 ‘‘(1) ‘dangerous device’ has the meaning given

12 that term in section 921(a)(4) of this title;

13 ‘‘(2) ‘dangerous weapon’ has the meaning given

14 that term in section 930 of this title;

15 ‘‘(3) ‘destructive substance’ has the meaning

16 given that term in section 31 of this title, except that

17 (A) the term ‘radioactive device’ does not include any

18 radioactive device or material used solely for medical,

19 industrial, research, or other peaceful purposes, and

20 (B) ‘destructive substance’ includes any radioactive

21 device or material that can be used to cause a harm

22 listed in subsection (a) and that is not in use solely

23 for medical, industrial, research, or other peaceful

24 purposes;
669

S 1173 OPS

1 ‘‘(4) ‘firearm’ has the meaning given that term

2 in section 921 of this title;

3 ‘‘(5) ‘mass transportation’ has the meaning

4 given that term in section 5302(a)(7) of title 49,

5 United States Code, except that the term shall include

6 schoolbus, charter, and sightseeing transportation;

7 ‘‘(6) ‘serious bodily injury’ has the meaning

8 given that term in section 1365 of this title; and

9 ‘‘(7) ‘State’ has the meaning given that term in

10 section 2266 of this title.’’.

11 (b) The analysis of chapter 97 of title 18, United States

12 Code, is amended by adding at the end thereof:

‘‘1994. Terrorist attacks against mass transportation.’’.

13 SEC. 3504. INVESTIGATIVE JURISDICTION.

14 The Federal Bureau of Investigation shall lead the in15 vestigation of all offenses under sections 1192 and 1994 of

16 title 18, United States Code. The Federal Bureau of Inves17 tigation shall cooperate with the National Transportation

18 Safety Board and with the Department of Transportation

19 in safety investigations by these agencies, and with the

20 Treasury Department’s Bureau of Alcohol, Tobacco and

21 Firearms concerning an investigation regarding the posses22 sion of firearms and explosives.
670

S 1173 OPS

1 SEC. 3505. SAFETY CONSIDERATIONS IN GRANTS OR LOANS

2 TO COMMUTER RAILROADS.

3 Section 5329 is amended by adding at the end the fol4 lowing:

5 ‘‘(c) COMMUTER RAILROAD SAFETY CONSIDER6 ATIONS.—In making a grant or loan under this chapter

7 that concerns a railroad subject to the Secretary’s railroad

8 safety jurisdiction under section 20102 of this title, the Fed9 eral Transit Administrator shall consult with the Federal

10 Railroad Administrator concerning relevant safety issues.

11 The Secretary may use appropriate authority under this

12 chapter, including the authority to prescribe particular

13 terms or covenants under section 5334 of this title, to ad14 dress any safety issues identified in the project supported

15 by the loan or grant.’’.

16 SEC. 3506. RAILROAD ACCIDENT AND INCIDENT REPORT17 ING.

18 Section 20901(a) is amended to read as follows:

19 ‘‘(a) GENERAL REQUIREMENTS.—On a periodic basis,

20 not more frequently than monthly, as specified by the Sec21 retary of Transportation, a railroad carrier shall file a re22 port with the Secretary on all accidents and incidents re23 sulting in injury or death to an individual, or damage to

24 equipment or a roadbed arising from the carrier’s oper25 ations during that period. The report shall state the nature,

26 cause, and circumstances of each reported accident or inci-
671

S 1173 OPS

1 dent. If a railroad carrier assigns human error as a cause,

2 the report shall include, at the option of each employee

3 whose error is alleged, a statement by the employee explain4 ing any factors the employee alleges contributed to the acci5 dent or incident.’’.

6 SEC. 3507. MASS TRANSPORTATION BUSES.

7 Section 1023(h)(1) of the Intermodal Surface Trans8 portation Efficiency Act of 1991, as amended (23 U.S.C.

9 127 note), is amended by striking ‘‘the date on which’’ and

10 all that follows through ‘‘1995’’ and inserting ‘‘January 1,

11 2003’’.

12 Subtitle F—Sportfishing and

13 Boating Safety

14 SEC. 3601. AMENDMENT OF 1950 ACT.

15 Whenever in this Act an amendment or repeal is ex16 pressed in terms of an amendment to, or repeal of, a section

17 or other provision of the 1950 Act, the reference shall be

18 considered to be made to a section or other provision of the

19 Act entitled ‘‘An Act to provide that the United States shall

20 aid the States in fish restoration and management projects,

21 and for other purposes,’’ approved August 9, 1950 (16

22 U.S.C. 777 et seq.).

23 SEC. 3602. OUTREACH AND COMMUNICATIONS PROGRAMS.

24 (a) DEFINITIONS.—Section 2 of the 1950 Act (16

25 U.S.C. 777a) is amended—
672

S 1173 OPS

1 (1) by indenting the left margin of so much of

2 the text as precedes ‘‘(a)’’ by 2 ems;

3 (2) by inserting ‘‘For purposes of this Act—’’

4 after the section heading;

5 (3) by striking ‘‘For the purpose of this Act the’’

6 in the first paragraph and inserting ‘‘(1) the’’;

7 (4) by indenting the left margin of so much of

8 the text as follows ‘‘include—’’ by 4 ems;

9 (5) by striking ‘‘(a)’’, ‘‘(b)’’, ‘‘(c)’’, and ‘‘(d)’’

10 and inserting ‘‘(A)’’, ‘‘(B)’’, ‘‘(C)’’, and ‘‘(D)’’, respec11 tively;

12 (6) by striking ‘‘department.’’ and inserting ‘‘de13 partment;’’; and

14 (7) by adding at the end the following:

15 ‘‘(2) the term ‘outreach and communications

16 program’ means a program to improve communica17 tions with anglers, boaters, and the general public re18 garding angling and boating opportunities, to reduce

19 barriers to participation in these activities, to ad20 vance adoption of sound fishing and boating prac21 tices, to promote conservation and the responsible use

22 of the Nation’s aquatic resources, and to further safety

23 in fishing and boating; and

24 ‘‘(3) the term ‘aquatic resource education pro25 gram’ means a program designed to enhance the
673

S 1173 OPS

1 public’s understanding of aquatic resources and

2 sportfishing, and to promote the development of re3 sponsible attitudes and ethics toward the aquatic en4 vironment.’’.

5 (b) FUNDING FOR OUTREACH AND COMMUNICATIONS

6 PROGRAM.—Section 4 of the 1950 Act (16 U.S.C. 777c) is

7 amended—

8 (1) by redesignating subsections (c), (d), and (e)

9 as subsections (d), (e), and (f), respectively;

10 (2) by inserting after subsection (b) the follow11 ing:

12 ‘‘(c) NATIONAL OUTREACH AND COMMUNICATIONS

13 PROGRAM.—Of the balance of each such annual appropria14 tion remaining after making the distribution under sub15 sections (a) and (b), respectively, an amount equal to—

16 ‘‘(1) $5,000,000 for fiscal year 1999;

17 ‘‘(2) $6,000,000 for fiscal year 2000;

18 ‘‘(3) $7,000,000 for fiscal year 2001;

19 ‘‘(4) $8,000,000 for fiscal year 2002; and

20 ‘‘(5) $10,000,000 for fiscal year 2003;

21 shall be used for the National Outreach and Communica22 tions Program under section 8(d). Such amounts shall re23 main available for 3 fiscal years, after which any portion

24 thereof that is unobligated by the Secretary of the Interior
674

S 1173 OPS

1 for that program may be expended by the Secretary under

2 subsection (e).’’;

3 (3) in subsection (d), as redesignated, by insert4 ing ‘‘, for an outreach and communications program’’

5 after ‘‘Act’’;

6 (4) in subsection (d), as redesignated, by striking

7 ‘‘subsections (a) and (b),’’ and inserting ‘‘subsections

8 (a), (b), and (c),’’;

9 (5) by adding at the end of subsection (d), as re10 designated, the following: ‘‘Of the sum available to the

11 Secretary of the Interior under this subsection for any

12 fiscal year, up to $2,500,000 may be used for the Na13 tional Outreach and Communications Program under

14 section 8(d) in addition to the amount available for

15 that program under subsection (c). No funds available

16 to the Secretary under this subsection may be used to

17 replace funding traditionally provided through gen18 eral appropriations, nor for any purposes except those

19 purposes authorized by this Act. The Secretary shall

20 publish a detailed accounting of the projects, pro21 grams, and activities funded under this subsection

22 annually in the Federal Register.’’; and

23 (6) in subsection (e), as redesignated, by striking

24 ‘‘subsections (a), (b), and (c),’’ and inserting ‘‘sub25 sections (a), (b), (c), and (d),’’.
675

S 1173 OPS

1 (c) INCREASE IN STATE ALLOCATION.—Section 8 of

2 the 1950 Act (16 U.S.C. 777g) is amended—

3 (1) by striking ‘‘12 1/2 percentum’’ each place it

4 appears in subsection (b) and inserting ‘‘15 percent’’;

5 (2) by striking ‘‘10 percentum’’ in subsection (c)

6 and inserting ‘‘15 percent’’;

7 (3) by inserting ‘‘and communications’’ in sub8 section (c) after ‘‘outreach’’; and

9 (4) by redesignating subsection (d) as subsection

10 (f); and by inserting after subsection (c) the following:

11 ‘‘(d) NATIONAL OUTREACH AND COMMUNICATIONS

12 PROGRAM.—

13 ‘‘(1) IMPLEMENTATION.—Within 1 year after the

14 date of enactment of the Intermodal Transportation

15 Safety Act of 1998, the Secretary of the Interior shall

16 develop and implement, in cooperation and consulta17 tion with the Sport Fishing and Boating Partnership

18 Council, a national plan for outreach and commu19 nications.

20 ‘‘(2) CONTENT.—The plan shall provide—

21 ‘‘(A) guidance, including guidance on the

22 development of an administrative process and

23 funding priorities, for outreach and communica24 tions programs; and
676

S 1173 OPS

1 ‘‘(B) for the establishment of a national

2 program.

3 ‘‘(3) SECRETARY MAY MATCH OR FUND PRO4 GRAMS.—Under the plan, the Secretary may obligate

5 amounts available under subsection (c) or (d) of sec6 tion 4 of this Act—

7 ‘‘(A) to make grants to any State or private

8 entity to pay all or any portion of the cost of

9 carrying out any outreach or communications

10 program under the plan; or

11 ‘‘(B) to fund contracts with States or pri12 vate entities to carry out such a program.

13 ‘‘(4) REVIEW.—The plan shall be reviewed peri14 odically, but not less frequently than once every 3

15 years.

16 ‘‘(e) STATE OUTREACH AND COMMUNICATIONS PRO17 GRAM.—Within 12 months after the completion of the na18 tional plan under subsection (d)(1), a State shall develop

19 a plan for an outreach and communications program and

20 submit it to the Secretary. In developing the plan, a State

21 shall—

22 ‘‘(1) review the national plan developed under

23 subsection (d);
677

S 1173 OPS

1 ‘‘(2) consult with anglers, boaters, the

2 sportfishing and boating industries, and the general

3 public; and

4 ‘‘(3) establish priorities for the State outreach

5 and communications program proposed for imple6 mentation.’’.

7 SEC. 3603. CLEAN VESSEL ACT FUNDING.

8 Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is

9 amended to read as follows:

10 ‘‘(b) USE OF BALANCE AFTER DISTRIBUTION.—

11 ‘‘(1) FISCAL YEAR 1998.—In fiscal year 1998,

12 an amount equal to $20,000,000 of the balance re13 maining after the distribution under subsection (a)

14 shall be transferred to the Secretary of Transportation

15 and shall be expended for State recreational boating

16 safety programs under section 13106(a)(1) of title 46,

17 United States Code.

18 ‘‘(2) FISCAL YEARS 1999–2003.—For each of fis19 cal years 1999 through 2003, the balance of each an20 nual appropriation remaining after making the dis21 tribution under subsection (a), an amount equal to

22 $84,000,000, reduced by 82 percent of the amount ap23 propriated for that fiscal year from the Boat Safety

24 Account of the Aquatic Resources Trust Fund estab25 lished by section 9504 of the Internal Revenue Code
678

S 1173 OPS

1 of 1986 to carry out the purposes of section 13106(a)

2 of title 46, United States Code, shall be used as fol3 lows:

4 ‘‘(A) $10,000,000 shall be available for each

5 fiscal year to the Secretary of the Interior for 3

6 years for obligation for qualified projects under

7 section 5604(c) of the Clean Vessel Act of 1992

8 (33 U.S.C. 1322 note);

9 ‘‘(B) $10,000,000 shall be available for each

10 fiscal year to the Secretary of the Interior for 3

11 years for obligation for qualified projects under

12 section 3604(d) of the Intermodal Transportation

13 Safety Act of 1998; and

14 ‘‘(C) the balance shall be transferred for

15 each such fiscal year to the Secretary of Trans16 portation and shall be expended for State rec17 reational boating safety programs under section

18 13106 of title 46, United States Code.

19 ‘‘(3) TRANSFER OF CERTAIN FUNDS.—Amounts

20 available under subparagraphs (A) and (B) of para21 graphs (1) and (2) that are unobligated by the Sec22 retary of the Interior after 3 years shall be transferred

23 to the Secretary of Transportation and shall be ex24 pended for State recreational boating safety programs
679

S 1173 OPS

1 under section 13106(a) of title 46, United States

2 Code.’’.

3 SEC. 3604. BOATING INFRASTRUCTURE.

4 (a) PURPOSE.—The purpose of this section is to pro5 vide funds to States for the development and maintenance

6 of public facilities for transient nontrailerable recreational

7 vessels.

8 (b) SURVEY.—Section 8 of the 1950 Act (16 U.S.C.

9 777g), as amended by section 3602, is amended by adding

10 at the end thereof the following:

11 ‘‘(g) SURVEYS.—

12 ‘‘(1) NATIONAL FRAMEWORK.—Within 6 months

13 after the date of enactment of the Intermodal Trans14 portation Safety Act of 1998, the Secretary, in con15 sultation with the States, shall adopt a national

16 framework for a public boat access needs assessment

17 which may be used by States to conduct surveys to de18 termine the adequacy, number, location, and quality

19 of facilities providing access to recreational waters for

20 all sizes of recreational boats.

21 ‘‘(2) STATE SURVEYS.—Within 18 months after

22 such date of enactment, each State that agrees to con23 duct a public boat access needs survey following the

24 recommended national framework shall report its

25 findings to the Secretary for use in the development
680

S 1173 OPS

1 of a comprehensive national assessment of rec2 reational boat access needs and facilities.

3 ‘‘(3) EXCEPTION.—Paragraph (2) does not apply

4 to a State if, within 18 months after such date of en5 actment, the Secretary certifies that the State has de6 veloped and is implementing a plan that ensures

7 there are and will be public boat access adequate to

8 meet the needs of recreational boaters on its waters.

9 ‘‘(4) FUNDING.—A State that conducts a public

10 boat access needs survey under paragraph (2) may

11 fund the costs of conducting that assessment out of

12 amounts allocated to it as funding dedicated to mo13 torboat access to recreational waters under subsection

14 (b)(1) of this section.’’.

15 (c) PLAN.—Within 6 months after submitting a survey

16 to the Secretary under section 8(g) of the Act entitled ‘‘An

17 Act to provide that the United States shall aid the States

18 in fish restoration and management projects, and for other

19 purposes,’’ approved August 9, 1950 (16 U.S.C. 777g(g)),

20 as added by subsection (b) of this section, a State may de21 velop and submit to the Secretary a plan for the construc22 tion, renovation, and maintenance of public facilities, and

23 access to those facilities, for transient nontrailerable rec24 reational vessels to meet the needs of nontrailerable rec25 reational vessels operating on navigable waters in the State.
681

S 1173 OPS

1 (d) GRANT PROGRAM.—

2 (1) MATCHING GRANTS.—The Secretary of the

3 Interior shall obligate amounts made available under

4 section 4(b)(2)(B) of the Act entitled ‘‘An Act to pro5 vide that the United States shall aid the States in fish

6 restoration and management projects, and for other

7 purposes,’’ approved August 9, 1950 (16 U.S.C.

8 777c(b)(2)(B)) to make grants to any State to pay

9 not more than 75 percent of the cost to a State of con10 structing, renovating, or maintaining public facilities

11 for transient nontrailerable recreational vessels.

12 (2) PRIORITIES.—In awarding grants under

13 paragraph (1), the Secretary shall give priority to

14 projects that—

15 (A) consist of the construction, renovation,

16 or maintenance of public facilities for transient

17 nontrailerable recreational vessels in accordance

18 with a plan submitted by a State under sub19 section (c);

20 (B) provide for public/private partnership

21 efforts to develop, maintain, and operate facili22 ties for transient nontrailerable recreational ves23 sels; and
682

S 1173 OPS

1 (C) propose innovative ways to increase the

2 availability of facilities for transient

3 nontrailerable recreational vessels.

4 (e) DEFINITIONS.—For purposes of this section, the

5 term—

6 (1) ‘‘nontrailerable recreational vessel’’ means a

7 recreational vessel 26 feet in length or longer—

8 (A) operated primarily for pleasure; or

9 (B) leased, rented, or chartered to another

10 for the latter’s pleasure;

11 (2) ‘‘public facilities for transient nontrailerable

12 recreational vessels’’ includes mooring buoys, day13 docks, navigational aids, seasonal slips, or similar

14 structures located on navigable waters, that are avail15 able to the general public and designed for temporary

16 use by nontrailerable recreational vessels; and

17 (3) ‘‘State’’ means each of the several States of

18 the United States, the District of Columbia, the Com19 monwealth of Puerto Rico, Guam, American Samoa,

20 the Virgin Islands, and the Commonwealth of the

21 Northern Mariana Islands.

22 SEC. 3605. BOAT SAFETY FUNDS.

23 (a) AVAILABILITY OF ALLOCATIONS.—Section

24 13104(a) of title 46, United States Code, is amended—
683

S 1173 OPS

1 (1) in paragraph (1), by striking ‘‘3 years’’ and

2 inserting ‘‘2 years’’; and

3 (2) in paragraph (2), by striking ‘‘3-year’’ and

4 inserting ‘‘2-year’’.

5 (b) EXPENDITURES.—Section 13106 of title 46, United

6 States Code, is amended—

7 (1) by striking the first sentence of subsection

8 (a)(1) and inserting the following: ‘‘Subject to para9 graph (2) and subsection (c), the Secretary shall ex10 pend in each fiscal year for State recreational boating

11 safety programs, under contracts with States under

12 this chapter, an amount equal to the sum of (A) the

13 amount appropriated from the Boat Safety Account

14 for that fiscal year and (B) the amount transferred

15 to the Secretary under section 4(b) of the Act of Au16 gust 9, 1950 (16 U.S.C. 777c(b)).’’; and

17 (2) by striking subsection (c) and inserting the

18 following:

19 ‘‘(c) Of the amount transferred for each fiscal year to

20 the Secretary of Transportation under section 4(b)(2) of the

21 Act of August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is

22 available to the Secretary for payment of expenses of the

23 Coast Guard for personnel and activities directly related

24 to coordinating and carrying out the national recreational

25 boating safety program under this title. No funds available
684

S 1173 OPS

1 to the Secretary under this subsection may be used to re2 place funding traditionally provided through general ap3 propriations, nor for any purposes except those purposes

4 authorized by this section. Amounts made available by this

5 subsection shall remain available until expended. The Sec6 retary shall publish annually in the Federal Register a de7 tailed accounting of the projects, programs, and activities

8 funded under this subsection.’’.

9 (c) CONFORMING AMENDMENTS.—

10 (1) The heading for section 13106 of title 46,

11 United States Code, is amended to read as follows:

12 ‘‘§ 13106. Authorization of appropriations’’.

13 (2) The chapter analysis for chapter 131 of title

14 46, United States Code, is amended by striking the

15 item relating to section 13106 and inserting the fol16 lowing:

‘‘13106. Authorization of appropriations.’’.

17 Subtitle G—Miscellaneous

18 SEC. 3701. LIGHT DENSITY RAIL LINE PILOT PROJECTS.

19 (a) IN GENERAL.—Part B of subtitle V is amended

20 by adding at the end the following new chapter:

21 ‘‘CHAPTER 223—LIGHT DENSITY RAIL LINE

22 PILOT PROJECTS

‘‘Sec.

‘‘22301. Light density rail line pilot projects.
685

S 1173 OPS

1 ‘‘§ 22301. Light density rail line pilot projects

2 ‘‘(a) GRANTS.—The Secretary of Transportation may

3 make grants to States that have State rail plans described

4 in section 22102 (1) and (2) to fund pilot projects that dem5 onstrate the relationship of light density railroad services

6 to the statutory responsibilities of the Secretary, including

7 those under title 23.

8 ‘‘(b) LIMITATIONS.—Grants under this section may be

9 made only for pilot projects for making capital improve10 ments to, and rehabilitating, publicly and privately owned

11 rail line structures, and may not be used for providing op12 erating assistance.

13 ‘‘(c) PRIVATE OWNER CONTRIBUTIONS.—Grants made

14 under this section for projects on privately owned rail line

15 structures shall include contributions by the owner of the

16 rail line structures, based on the benefit to those structures,

17 as determined by the Secretary.

18 ‘‘(d) STUDY.—The Secretary shall conduct a study of

19 the pilot projects carried out with grant assistance under

20 this section to determine the public interest benefits associ21 ated with the light density railroad networks in the States

22 and their contribution to a multimodal transportation sys23 tem. Not later than March 31, 2003, the Secretary shall re24 port to Congress any recommendations the Secretary con25 siders appropriate regarding the eligibility of light density

26 rail networks for Federal infrastructure financing.
686

S 1173 OPS

1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated to the Secretary to carry out

3 this section $10,000,000 for each of the fiscal years 1998,

4 1999, 2000, 2001, 2002, and 2003. Such funds shall remain

5 available until expended.’’.

6 (b) CLERICAL AMENDMENT.—The table of chapters for

7 subtitle V is amended by inserting after the item relating

8 to chapter 221 the following new item:

‘‘223. Light Density Rail Line Pilot Projects ..............................22301.’’.

9 SEC. 3702. SECTION 1407.

10 (a) Strike section 1407 of the bill.

11 (b) In the table of sections for the bill, strike the item

12 relating to section 1407.

13 SEC. 3703. DESIGNATION OF NEW MEXICO COMMERCIAL

14 ZONE.

15 (a) COMMERCIAL ZONE DEFINED.—Notwithstanding

16 the provisions of section 13902(c)(4)(A) of title 49, United

17 States Code, in this section, for the transportation of prop18 erty only, the term ‘‘commercial zone’’ means a zone con19 taining lands adjacent to, and commercially a part of, one

20 or more municipalities with respect to which the exception

21 described in section 13506(b)(1) of title 49, United States

22 Code, applies.

23 (b) DESIGNATION OF ZONE.—
687

S 1173 OPS

1 (1) IN GENERAL.—The area described in para2 graph (2) is designated as a commercial zone, to be

3 known as the ‘‘New Mexico Commercial Zone’’.

4 (2) DESCRIPTION OF AREA.—The area described

5 in this paragraph is the area that is comprised of

6 Dona Ana County and Luna County in New Mexico.

7 (c) SAVINGS PROVISION.—Nothing in this section shall

8 affect any action commenced or pending before the Sec9 retary of Transportation or Surface Transportation Board

10 before the date of enactment of this Act.

11 TITLE IV—OZONE AND PARTICU12 LATE MATTER STANDARDS

13 SEC. 4101. FINDINGS AND PURPOSE.

14 (a) The Congress finds that—

15 (1) there is a lack of air quality monitoring data

16 for fine particle levels, measured as PM2.5, in the

17 United States and the States should receive full fund18 ing for the monitoring efforts;

19 (2) such data would provide a basis for designat20 ing areas as attainment or nonattainment for any

21 PM2.5 national ambient air quality standards pursu22 ant to the standards promulgated in July 1997;

23 (3) the President of the United States directed

24 the Administrator in a memorandum dated July 16,

25 1997, to complete the next periodic review of the par-
688

S 1173 OPS

1 ticulate matter national ambient air quality stand2 ards by July 2002 in order to determine ‘‘whether to

3 revise or maintain the standards’’;

4 (4) the Administrator has stated that 3 years of

5 air quality monitoring data for fine particle levels,

6 measured as PM2.5 and performed in accordance with

7 any applicable Federal reference methods, is appro8 priate for designating areas as attainment or non9 attainment pursuant to the July 1997 promulgated

10 standards; and

11 (5) the Administrator has acknowledged that in

12 drawing boundaries for attainment and nonattain13 ment areas for the July 1997 ozone national air qual14 ity standards, Governors would benefit from consider15 ing implementation guidance from EPA on drawing

16 area boundaries.

17 (b) The purposes of this title are—

18 (1) to ensure that 3 years of air quality monitor19 ing data regarding fine particle levels are gathered

20 for use in the determination of area attainment or

21 nonattainment designations respecting any PM2.5 na22 tional ambient air quality standards;

23 (2) to ensure that the Governors have adequate

24 time to consider implementation guidance from EPA

25 on drawing area boundaries prior to submitting area
689

S 1173 OPS

1 designations respecting the July 1997 ozone national

2 ambient air quality standards;

3 (3) to ensure that implementation of the July

4 1997 revisions of the ambient air quality standards

5 are consistent with the purposes of the President’s Im6 plementation Memorandum dated July 16, 1997.

7 SEC. 4102. PARTICULATE MATTER MONITORING PROGRAM.

8 (a) Through grants under section 103 of the Clean Air

9 Act the Administrator of the Environmental Protection

10 Agency shall use appropriated funds no later than fiscal

11 year 2000 to fund 100 percent of the cost of the establish12 ment, purchase, operation and maintenance of a PM2.5

13 monitoring network necessary to implement the national

14 ambient air quality standards for PM2.5 under section 109

15 of the Clean Air Act. This implementation shall not result

16 in a diversion or reprogramming of funds from other Fed17 eral, State or local Clean Air Act activities. Any funds pre18 viously diverted or reprogrammed from section 105 Clean

19 Air Act grants for PM2.5 monitors must be restored to State

20 or local air programs in fiscal year 1999.

21 (b) EPA and the States shall ensure that the national

22 network (designated in subsection (a)) which consists of the

23 PM2.5 monitors necessary to implement the national ambi24 ent air quality standards is established by December 31,

25 1999.
690

S 1173 OPS

1 (c) The Governors shall be required to submit designa2 tions for each area following promulgation of the July 1997

3 PM2.5 national ambient air quality standard within 1 year

4 after receipt of 3 years of air quality monitoring data per5 formed in accordance with any applicable Federal reference

6 methods for the relevant areas. Only data from the monitor7 ing network designated in subsection (a) and other Federal

8 reference method PM2.5 monitors shall be considered for

9 such designations. In reviewing the State Implementation

10 Plans the Administrator shall consider all relevant mon11 itoring data regarding transport of PM2.5.

12 (d) The Administrator shall promulgate designations

13 of nonattainment areas no later than 1 year after the ini14 tial designations required under subsection (c) are required

15 to be submitted. Notwithstanding the previous sentence, the

16 Administrator shall promulgate such designations not later

17 than December 31, 2005.

18 (e) The Administrator shall conduct a field study of

19 the ability of the PM2.5 Federal Reference Method to dif20 ferentiate those particles that are larger than 2.5

21 micrograms in diameter. This study shall be completed and

22 provided to Congress no later than 2 years from the date

23 of enactment of this legislation.
691

S 1173 OPS

1 SEC. 4103. OZONE DESIGNATION REQUIREMENTS.

2 (a) The Governors shall be required to submit designa3 tions of nonattainment areas within 2 years following the

4 promulgation of the July 1997 ozone national ambient air

5 quality standards.

6 (b) The Administrator shall promulgate final designa7 tions no later than 1 year after the designations required

8 under subsection (a) are required to be submitted.

9 SEC. 4104. ADDITIONAL PROVISIONS.

10 Nothing in sections 4101–4103 shall be construed by

11 the Administrator of Environmental Protection Agency or

12 any court, State, or person to affect any pending litigation

13 or to be a ratification of the ozone or PM2.5 standards.

14 TITLE V—MASS TRANSIT

15 SEC. 5001. SHORT TITLE.

16 This title may be cited as the ‘‘Federal Transit Act

17 of 1998’’.

18 SEC. 5002. AUTHORIZATIONS.

19 (a) IN GENERAL.—Section 5338 of title 49, United

20 States Code, is amended to read as follows:

21 ‘‘§ 5338. Authorizations

22 ‘‘(a) SECTIONS 5303–5308, 5310, 5311, 5313, 5314,

23 5317, 5320, 5320a, 5327, AND 5334 (a) AND (c).—

24 ‘‘(1) MASS TRANSIT ACCOUNT AMOUNTS.—Not

25 more than the following amounts are available to the

26 Secretary from the Account to carry out sections 5303
692

S 1173 OPS

1 through 5308, 5310, 5311, 5313, 5314, 5317, 5320,

2 5320a, 5327, and subsections (a) and (c) of section

3 5334:

4 ‘‘(A) $2,698,790,000 for fiscal year 1998.

5 ‘‘(B) $2,773,934,000 for fiscal year 1999.

6 ‘‘(C) $2,849,079,000 for fiscal year 2000.

7 ‘‘(D) $2,925,965,000 for fiscal year 2001.

8 ‘‘(E) $3,004,667,000 for fiscal year 2002.

9 ‘‘(F) $3,085,725,000 for fiscal year 2003.

10 ‘‘(2) OTHER AMOUNTS.—In addition to amounts

11 made available under paragraph (1), not more than

12 the following amounts may be appropriated to the

13 Secretary to carry out section 5303 through 5308,

14 5310, 5311, 5313, 5314, 5317, 5320, 5320a, 5327, and

15 subsections (a) and (c) of section 5334:

16 ‘‘(A) $738,000,000 for fiscal year 1998.

17 ‘‘(B) $756,000,000 for fiscal year 1999.

18 ‘‘(C) $774,000,000 for fiscal year 2000.

19 ‘‘(D) $793,000,000 for fiscal year 2001.

20 ‘‘(E) $812,000,000 for fiscal year 2002.

21 ‘‘(F) $832,000,000 for fiscal year 2003.

22 ‘‘(b) SECTION 5309.—Not more than the following

23 amounts are available to the Secretary from the Account

24 to carry out section 5309:

25 ‘‘(1) $2,221,210,000 for fiscal year 1998.
693

S 1173 OPS

1 ‘‘(2) $2,278,770,000 for fiscal year 1999.

2 ‘‘(3) $2,340,501,000 for fiscal year 2000.

3 ‘‘(4) $2,403,661,000 for fiscal year 2001.

4 ‘‘(5) $2,468,315,000 for fiscal year 2002.

5 ‘‘(6) $2,534,904,000 for fiscal year 2003.

6 ‘‘(c) SECTION 5315.—

7 ‘‘(1) IN GENERAL.—The Secretary shall make

8 available in equal amounts from amounts provided

9 under paragraphs (3) and (4) of subsection (g) of this

10 section, not more than $4,000,000 for each of fiscal

11 years 1998 through 2003, to carry out section 5315.

12 ‘‘(2) WORKPLACE SAFETY.—Not more than

13 $1,000,000 shall be appropriated to the Secretary for

14 each of fiscal years 1998 through 2003, to carry out

15 section 5315(a)(15).

16 ‘‘(d) SECTION 5316.—Not more than the following

17 amounts may be appropriated to the Secretary from the

18 Fund (other than from the Account) for each of fiscal years

19 1998 through 2003:

20 ‘‘(1) $250,000 to carry out section 5316(a).

21 ‘‘(2) $3,000,000 to carry out section 5316(b).

22 ‘‘(3) $1,000,000 to carry out section 5316(c).

23 ‘‘(4) $1,000,000 to carry out section 5316(d).

24 ‘‘(5) $1,000,000 to carry out section 5316(e).
694

S 1173 OPS

1 ‘‘(e) SECTION 5317.—Not more than $6,000,000 is

2 available to the Secretary from the Fund (other than from

3 the Account) for each of fiscal years 1998 through 2003,

4 to carry out section 5317.

5 ‘‘(f) SECTION 5307.—Amounts remaining available for

6 each fiscal year under subsection (a) of this section, after

7 allocation under subsections (g), (h), and (i)(2) of this sec8 tion, are available to carry out section 5307.

9 ‘‘(g) PLANNING, PROGRAMMING, AND RESEARCH.—In

10 each fiscal year, before apportioning amounts made avail11 able or appropriated under subsection (a) of this section,

12 an amount equal to 3 percent of amounts made available

13 or appropriated under subsections (a) and (b), less the

14 amounts authorized for purposes of section 5320a, of this

15 section is available as follows:

16 ‘‘(1) 45 percent for metropolitan planning ac17 tivities under section 5303(g).

18 ‘‘(2) 5 percent to carry out section 5311(b)(2).

19 ‘‘(3) 20 percent to carry out State programs

20 under section 5313.

21 ‘‘(4) 30 percent to carry out the national pro22 gram under section 5314.

23 ‘‘(h) OTHER SET-ASIDES.—In each fiscal year, before

24 apportioning amounts made available or appropriated

25 under subsection (a) of this section, of amounts made avail-
695

S 1173 OPS

1 able or appropriated under subsections (a) and (b), less the

2 amounts authorized for purposes of section 5320a, of this

3 section—

4 ‘‘(1) not more than 0.96 percent is available for

5 administrative expenses to carry out subsections (a)

6 and (c) through (f) of section 5334;

7 ‘‘(2) not more than 1.34 percent is available for

8 transportation services to elderly individuals and in9 dividuals with disabilities under the formula under

10 section 5310(a); and

11 ‘‘(3) $6,000,000 is available to carry out section

12 5317 for each of fiscal years 1998 through 2003.

13 ‘‘(i) LIMITATIONS.—Of amounts made available—

14 ‘‘(1) under subsection (a)(2), less the amounts

15 authorized for purposes of section 5320a, of this sec16 tion—

17 ‘‘(A) 3.5 percent may be used to finance

18 programs and activities, including administra19 tive costs, under section 5310;

20 ‘‘(B) to finance research, development, and

21 demonstration projects under section 5312(a),

22 1.5 percent may be used to increase the informa23 tion and technology available to provide im24 proved mass transportation service and facilities

25 planned and designed to meet the special needs
696

S 1173 OPS

1 of elderly individuals and individuals with dis2 abilities; and

3 ‘‘(C) not more than 12.5 percent may be

4 used for grants to any 1 State under section

5 5312(c)(2);

6 ‘‘(2) under subsection (a) of this section, less the

7 amounts authorized for purposes of section 5320a, 5.5

8 percent of the amount remaining available each year,

9 after allocation under subsections (g) and (h) of this

10 section, is available under the formula under section

11 5311; and

12 ‘‘(3) under section 5309(m)(1)(C), the lesser of

13 $3,000,000 or an amount that the Secretary deter14 mines is necessary for each fiscal year is available to

15 carry out section 5318 for each of fiscal years 1998

16 through 2003.

17 ‘‘(j) GRANTS AS CONTRACTUAL OBLIGATIONS.—

18 ‘‘(1) FEDERAL OBLIGATIONS.—A grant or con19 tract approved by the Secretary that is financed with

20 amounts made available under subsection (a)(1), (b),

21 (c), (d), or (e) of this section, is a contractual obliga22 tion of the United States Government to pay the Gov23 ernment’s share of the cost of the project.

24 ‘‘(2) APPROPRIATIONS LIMITATION.—A grant or

25 contract approved by the Secretary that is financed
697

S 1173 OPS

1 with amounts made available under subsection (a)(2)

2 of this section, is a contractual obligation of the

3 United States Government to pay the Government’s

4 share of the cost of the project, only to the extent that

5 amounts are provided in advance in an appropria6 tions Act.

7 ‘‘(k) EARLY APPROPRIATIONS AND AVAILABILITY OF

8 AMOUNTS.—

9 ‘‘(1) EARLY APPROPRIATION.—Amounts appro10 priated under subsection (a)(2) of this section to

11 carry out section 5311 may be appropriated in the

12 fiscal year before the fiscal year in which the appro13 priation is available for obligation.

14 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts

15 made available or appropriated under subsections (a),

16 (b), and (g), paragraphs (1) and (2) of subsection (h),

17 and subsection (i)(2) of this section shall remain

18 available until expended.

19 ‘‘(l) SECTION 5308.—In each fiscal year, before appor20 tioning or allocating amounts made available or appro21 priated under subsections (a) and (b), of amounts made

22 available or appropriated under subsections (a) or (b) of

23 this section, not more than $200,000,000 is available to

24 carry out section 5308, with $100,000,000 made available

25 from amounts made available from amounts provided
698

S 1173 OPS

1 under subsection (a)(2) of this section and $100,000,000

2 made available from amounts provided under subsection (b)

3 of this section.

4 ‘‘(m) SECTION 5320a.—In each fiscal year, before ap5 portioning amounts made available or appropriated under

6 subsection (a), of amounts appropriated under subsection

7 (a)(2) of this section, not more than $250,000,000 is avail8 able to carry out section 5320a.

9 ‘‘(n) TRANSIT EQUITY PROGRAM.—

10 ‘‘(1) IN GENERAL.—The purpose of this sub11 section is to further the national interest by providing

12 proportional increases in funding for national mass

13 transit programs, commensurate with increases in

14 national highway programs, in order to ensure bal15 anced improvement in the national intermodal trans16 portation system.

17 ‘‘(2) FUNDING.—There are authorized to be ap18 propriated to carry out this subsection, from the Gen19 eral Fund of the Treasury of the United States, the

20 following amounts:

21 ‘‘(A) $1,000,000,000 for fiscal year 1999.

22 ‘‘(B) $1,000,000,000 for fiscal year 2000.

23 ‘‘(C) $1,000,000,000 for fiscal year 2001.

24 ‘‘(D) $1,000,000,000 for fiscal year 2002.

25 ‘‘(E) $1,000,000,000 for fiscal year 2003.
699

S 1173 OPS

1 ‘‘(3) ELIGIBLE USES.—Amounts made available

2 to carry out this subsection shall be available for cap3 ital projects eligible under sections 5307, 5309, 5310,

4 and 5311, including meeting obligations of the United

5 States associated with multiyear funding commit6 ments, full funding grant agreements under section

7 5309, and innovative financing activities.

8 ‘‘(4) CONTINGENT COMMITMENT AUTHORITY.—

9 Notwithstanding subsection (g)(4) of section 5309, the

10 total estimated amount of future obligations of the

11 Government and contingent commitments to incur ob12 ligations covered by all outstanding letters of intent

13 and full financing grant agreements may be greater

14 than the amounts authorized under subsection (b) of

15 this section by an amount equal to not more than the

16 amount authorized to be appropriated under para17 graph (6) of this subsection as of the end of fiscal year

18 2003.

19 ‘‘(5) FIXED GUIDEWAY MODERNIZATION.—In ad20 dition to amounts authorized in section 5338(b), the

21 following amounts are authorized to be appropriated

22 to the Secretary, to be added to amounts allocated

23 under section 5309(m)(1)(A) for fixed guideway mod24 ernization:

25 ‘‘(A) $100,000,000 for fiscal year 1999.
700

S 1173 OPS

1 ‘‘(B) $100,000,000 for fiscal year 2000.

2 ‘‘(C) $100,000,000 for fiscal year 2001.

3 ‘‘(D) $100,000,000 for fiscal year 2002.

4 ‘‘(E) $100,000,000 for fiscal year 2003.

5 ‘‘(6) CAPITAL PROJECTS FOR FIXED GUIDEWAY

6 SYSTEMS.—

7 ‘‘(A) IN GENERAL.—In addition to amounts

8 authorized in under subsection (b) of this section,

9 the following amounts are authorized to be ap10 propriated to the Secretary, to be added to

11 amounts allocated under section 5309(m)(1)(B)

12 for capital projects for new fixed guideway sys13 tems and extensions to existing fixed guideway

14 systems:

15 ‘‘(i) $470,000,000 for fiscal year 1999.

16 ‘‘(ii) $470,000,000 for fiscal year 2000.

17 ‘‘(iii) $470,000,000 for fiscal year

18 2001.

19 ‘‘(iv) $470,000,000 for fiscal year 2002.

20 ‘‘(v) $470,000,000 for fiscal year 2003.

21 ‘‘(B) FERRY BOAT SYSTEMS.—Not less than

22 2.8 percent of the amount made available under

23 subparagraph (A) in any fiscal year shall be

24 available for capital projects for existing and

25 new fixed guideway systems that are ferry boats,
701

S 1173 OPS

1 ferry terminal facilities, that are approaches to

2 ferry terminal facilities in the noncontiguous

3 States.

4 ‘‘(7) BUSES AND RELATED EQUIPMENT.—In ad5 dition to amounts authorized in section 5338(b), the

6 following amounts are authorized to be appropriated

7 to the Secretary, to be added to amounts allocated

8 under section 5309(m)(1)(C) to replace, rehabilitate,

9 and purchase buses and related equipment and to

10 construct bus-related facilities:

11 ‘‘(A) $80,000,000 for fiscal year 1999.

12 ‘‘(B) $80,000,000 for fiscal year 2000.

13 ‘‘(C) $80,000,000 for fiscal year 2001.

14 ‘‘(D) $80,000,000 for fiscal year 2002.

15 ‘‘(E) $80,000,000 for fiscal year 2003.

16 ‘‘(8) URBANIZED AREAS; ELDERLY INDIVIDUALS

17 AND DISABLED INDIVIDUALS.—

18 ‘‘(A) IN GENERAL.—In addition to amounts

19 authorized in section 5338(a) for activities under

20 sections 5307 and 5310, the following amounts

21 are authorized to be appropriated to the Sec22 retary, to be added to amounts made available

23 for activities under section 5307 for urbanized

24 areas and for activities under section 5310 for
702

S 1173 OPS

1 elderly individuals and individuals with disabil2 ities:

3 ‘‘(i) $250,000,000 for fiscal year 1999.

4 ‘‘(ii) $250,000,000 for fiscal year 2000.

5 ‘‘(iii) $250,000,000 for fiscal year

6 2001.

7 ‘‘(iv) $250,000,000 for fiscal year 2002.

8 ‘‘(v) $250,000,000 for fiscal year 2003.

9 ‘‘(B) ALLOCATION.—Of the amount appro10 priated under this paragraph for each fiscal

11 year—

12 ‘‘(i) 97 percent is available for activi13 ties under section 5307; and

14 ‘‘(ii) 3 percent is available for activi15 ties under section 5310.

16 ‘‘(9) OTHER THAN URBANIZED AREAS.—In addi17 tion to amounts authorized in section 5338(a) for

18 areas other than urbanized areas, the following

19 amounts are authorized to be appropriated to the Sec20 retary, to be added to amounts made available for as21 sistance for areas other than urbanized areas under

22 section 5311:

23 ‘‘(A) $100,000,000 for fiscal year 1999.

24 ‘‘(B) $100,000,000 for fiscal year 2000.

25 ‘‘(C) $100,000,000 for fiscal year 2001.
703

S 1173 OPS

1 ‘‘(D) $100,000,000 for fiscal year 2002.

2 ‘‘(E) $100,000,000 for fiscal year 2003.

3 ‘‘(o) DEFINITIONS.—In this section—

4 ‘‘(1) the term ‘Account’ means the Mass Transit

5 Account of the Highway Trust Fund;

6 ‘‘(2) the term ‘Fund’ means the Highway Trust

7 Fund established under section 9503 of the Internal

8 Revenue Code of 1986; and

9 ‘‘(3) the term ‘Secretary’ means the Secretary of

10 Transportation.’’.

11 (b) WORK AGREEMENTS AS OBLIGATIONS.—

12 Section 5309(g)(3)(B) of title 49, United States

13 Code, is amended by adding at the end the following:

14 ‘‘The work agreement shall state that the work agree15 ment is not an obligation of the Government.’’.

16 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

17 Chapter 53 of title 49, United States Code, is amended—

18 (1) in section 5318(d), by striking ‘‘5338(j)(5)’’

19 and inserting ‘‘5338(i)(3)’’; and

20 (2) in section 5333(b)(1), by striking

21 ‘‘5338(j)(5)’’ each place that term appears and insert22 ing ‘‘5338(i)(3)’’.
704

S 1173 OPS

1 SEC. 5003. CAPITAL PROJECTS AND SMALL AREA FLEXIBIL2 ITY.

3 (a) IN GENERAL.—Section 5302 of title 49, United

4 States Code, is amended—

5 (1) in subsection (a)(1)—

6 (A) in subparagraph (A), by inserting ‘‘in7 telligent transportation systems,’’ after ‘‘rights

8 agreements,’’;

9 (B) in subparagraph (C), by striking ‘‘or’’

10 at the end;

11 (C) in subparagraph (D), by striking the

12 period at the end and inserting a semicolon; and

13 (D) by adding at the end the following:

14 ‘‘(E) preventive maintenance;

15 ‘‘(F) the leasing of equipment and facilities

16 for use in mass transportation;

17 ‘‘(G) the introduction of new technology,

18 through innovative and improved products, into

19 mass transportation; or

20 ‘‘(H) a mass transportation improvement

21 that enhances economic development or incor22 porates private investment, including commer23 cial and residential development, pedestrian and

24 bicycle access to a mass transportation facility,

25 and the renovation and improvement of historic
705

S 1173 OPS

1 transportation facilities, because the improve2 ment—

3 ‘‘(i) enhances the effectiveness of a

4 mass transportation project and is related

5 physically or functionally to that mass

6 transportation project or establishes new or

7 enhanced coordination between mass trans8 portation and other transportation;

9 ‘‘(ii) provides a fair share of revenue

10 for mass transportation that will be used

11 for mass transportation; and

12 ‘‘(iii) provides nonfixed route para13 transit transportation services in accord14 ance with section 223 of the Americans with

15 Disabilities Act of 1990 (42 U.S.C.

16 12143);’’; and

17 (2) by adding at the end the following:

18 ‘‘(c) ELIGIBLE COSTS OF PROJECTS THAT ENHANCE

19 URBAN ECONOMIC DEVELOPMENT OR INCORPORATE PRI20 VATE INVESTMENT.—Eligible costs for a capital project de21 scribed in subsection (a)(1)(H)—

22 ‘‘(1) include property acquisition, demolition of

23 existing structures, site preparation, utilities, build24 ing foundations, walkways, open space, safety ele25 ments (such as lighting, surveillance, and community
706

S 1173 OPS

1 police and security services) that protect a transit

2 project eligible under this chapter, and a capital

3 project for, and improving, equipment or a facility

4 for an intermodal transfer facility or transportation

5 mall; and

6 ‘‘(2) do not include construction of a commercial

7 revenue-producing facility or a part of a public facil8 ity not related to mass transportation, except that, if

9 such facilities incorporate community services such as

10 daycare, health care, and public safety, the portion of

11 the facilities related to such community services are

12 eligible costs under this chapter.’’.

13 (b) SMALL AREA FLEXIBILITY.—Section 5307(b)(1) of

14 title 49, United States Code, is amended by adding at the

15 end the following: ‘‘The Secretary may also make grants

16 under this section to finance the operating cost of equipment

17 and facilities for use in mass transportation in an urban18 ized area with a population of less than 200,000.’’.

19 (c) DISCRETIONARY GRANTS AND LOANS.—Section

20 5309 of title 49, United States Code, is amended—

21 (1) in subsection (a)(1)—

22 (A) by striking subparagraphs (D) and (E);

23 and
707

S 1173 OPS

1 (B) by redesignating subparagraphs (F)

2 and (G) as subparagraphs (D) and (E), respec3 tively; and

4 (2) in subsection (f)—

5 (A) by striking ‘‘(f)’’ and all that follows

6 through ‘‘(1) Each’’ and inserting the following:

7 ‘‘(f) REQUIRED PAYMENTS.—Each’’; and

8 (B) by striking paragraph (2).

9 SEC. 5004. METROPOLITAN PLANNING.

10 (a) IN GENERAL.—Section 5303 of title 49, United

11 States Code, is amended—

12 (1) by striking subsections (a) and (b) and in13 serting the following:

14 ‘‘(a) DEVELOPMENT REQUIREMENTS.—

15 ‘‘(1) IN GENERAL.—To carry out section

16 5301(a), metropolitan planning organizations des17 ignated under subsection (c) of this section, in co18 operation with the States and mass transportation

19 operators, shall develop transportation plans and pro20 grams for urbanized areas of the State.

21 ‘‘(2) PLAN CONTENTS.—The plans and programs

22 developed under paragraph (1) for each metropolitan

23 area shall provide for the development and integrated

24 management and operation of transportation systems

25 and facilities (including pedestrian walkways and bi-
708

S 1173 OPS

1 cycle transportation facilities) that will function as

2 an intermodal transportation system for the metro3 politan area and as an integral part of an inter4 modal transportation system for the State and the

5 United States.

6 ‘‘(3) DEVELOPMENT PROCESS.—The development

7 process for the plans and programs shall provide for

8 consideration of all modes of transportation and shall

9 be continuing, cooperative, and comprehensive to the

10 degree appropriate, based on the complexity of the

11 transportation problems to be addressed.

12 ‘‘(b) SCOPE OF PLANNING PROCESS.—

13 ‘‘(1) IN GENERAL.—The metropolitan transpor14 tation planning process for a metropolitan area

15 under this section and sections 5304 through 5306

16 shall provide for consideration of—

17 ‘‘(A) supporting the economic vitality of the

18 metropolitan area, especially by enabling global

19 competitiveness, productivity, and efficiency;

20 ‘‘(B) increasing the safety and security of

21 the transportation system for motorized and non22 motorized users;

23 ‘‘(C) increasing the accessibility and mobil24 ity options available to people and for freight;
709

S 1173 OPS

1 ‘‘(D) protecting and enhancing the environ2 ment, promoting energy conservation and im3 proved quality of life, and coordinating land-use

4 and transportation plans and programs;

5 ‘‘(E) enhancing the integration and

6 connectivity of the transportation system, across

7 and between modes, for people and freight;

8 ‘‘(F) promoting efficient system manage9 ment and operation; and

10 ‘‘(G) emphasizing the preservation of the ex11 isting transportation system.

12 ‘‘(2) GOALS.—In cooperation with the State and

13 mass transportation operators, and with opportunity

14 for public review and comment, the metropolitan

15 planning organization shall establish goals that relate

16 to the factors described in paragraph (1), and propose

17 projects, programs, and strategies to achieve those

18 goals.’’;

19 (2) in subsection (c)—

20 (A) in paragraph (1), by striking subpara21 graph (A) and inserting the following:

22 ‘‘(A) by agreement between the chief executive of23 ficer of the State and units of general purpose local

24 government that together represent not less than 60

25 percent of the affected population (including the cen-
710

S 1173 OPS

1 tral city, as defined by the Bureau of the Census) and

2 60 percent of such units of government; or’’;

3 (B) in paragraph (2)—

4 (i) by striking ‘‘In a metropolitan

5 area’’ and all that follows through ‘‘shall in6 clude’’ and inserting ‘‘Each policy board of

7 a metropolitan planning organization that

8 serves an area designated as a transpor9 tation management area when designated or

10 redesignated under this subsection shall con11 sist of’’; and

12 (ii) by striking ‘‘officials of authori13 ties’’ and inserting ‘‘officials of public agen14 cies’’;

15 (C) in paragraph (3), by striking ‘‘in an

16 urbanized area’’ and all that follows through ‘‘of17 ficer decides’’ and inserting ‘‘within an existing

18 metropolitan planning area only if the chief ex19 ecutive officer of the State and the existing met20 ropolitan organization determine’’; and

21 (D) in paragraph (5)—

22 (i) in subparagraph (A)—

23 (I) by striking ‘‘75’’ and inserting

24 ‘‘60’’; and
711

S 1173 OPS

1 (II) by striking ‘‘as defined by the

2 Secretary of Commerce)’’ and inserting

3 ‘‘or cities, as defined by the Bureau of

4 the Census) and 60 percent of such

5 units of government’’; and

6 (ii) by adding at the end the following:

7 ‘‘(D) Designations of metropolitan planning organiza8 tions, whether made under this section or under any other

9 provision of law, shall remain in effect until redesignation

10 under this paragraph.’’;

11 (3) in subsection (d)—

12 (A) by inserting ‘‘(1)’’ before ‘‘To carry out

13 this section’’;

14 (B) by striking ‘‘Secretary of Commerce’’

15 and inserting ‘‘Bureau of the Census’’;

16 (C) by inserting ‘‘in existence as of the date

17 of enactment of the Intermodal Surface Trans18 portation Efficiency Act of 1998’’ after ‘‘at least

19 the boundaries of the nonattainment area’’;

20 (D) by inserting ‘‘, in the manner described

21 in subsection (c)(5)’’ before the period at the end;

22 and

23 (E) by adding at the end the following:

24 ‘‘(2) In the case of an urbanized area classified as a

25 nonattainment area for ozone or carbon monoxide under
712

S 1173 OPS

1 the Clean Air Act (42 U.S.C. 7401 et seq.) after the date

2 of enactment of the Intermodal Surface Transportation Ef3 ficiency Act of 1998—

4 ‘‘(A) the boundaries of the metropolitan plan5 ning area shall be established by agreement between

6 the appropriate units of general purpose local govern7 ment (including the central city) and the chief execu8 tive officer of the State; and

9 ‘‘(B) the area shall include at least the urbanized

10 area and the contiguous area expected to become ur11 banized within the 20-year forecast period, and may

12 include the Metropolitan Statistical Area or Consoli13 dated Metropolitan Statistical Area, as determined by

14 the Bureau of the Census, and any area identified as

15 a nonattainment area for ozone or carbon monoxide

16 under the Clean Air Act (42 U.S.C. 7401 et seq.).’’;

17 (4) in subsection (e)—

18 (A) in paragraph (2)—

19 (i) by inserting ‘‘or compact’’ after

20 ‘‘agreement’’ the first place that term ap21 pears’’; and

22 (ii) by striking ‘‘making the agreement

23 effective’’ and inserting ‘‘making the agree24 ments and compacts effective’’; and

25 (B) by adding at the end the following:
713

S 1173 OPS

1 ‘‘(4) To the maximum extent practicable, each metro2 politan planning organization shall coordinate with gov3 ernmental agencies and nonprofit organizations operating

4 within an existing metropolitan planning area that receive

5 assistance from governmental sources (other than the De6 partment of Transportation) to provide nonemergency

7 transportation services. Such governmental agencies and

8 nonprofit organizations shall participate and coordinate

9 with recipients of assistance under this chapter in the de10 sign and delivery of transportation services. The purpose

11 of such coordination is to maximize the efficient use of re12 sources and to integrate all such services to ensure acces13 sibility and mobility.’’; and

14 (5) in subsection (f)—

15 (A) in paragraph (1)—

16 (i) in subparagraph (A), by striking

17 ‘‘United States and regional functions’’ and

18 inserting ‘‘national, regional, and metro19 politan transportation functions’’;

20 (ii) in subparagraph (B), by striking

21 clause (iii) and inserting the following:

22 ‘‘(iii) recommends any additional financing

23 strategies for needed projects and programs;’’;

24 and
714

S 1173 OPS

1 (iii) by striking subparagraph (C) and

2 inserting the following:

3 ‘‘(C) identify transportation strategies

4 necessary—

5 ‘‘(i) to ensure preservation, including re6 quirements for management, operation, mod7 ernization, and rehabilitation, of the existing

8 and future transportation system; and

9 ‘‘(ii) to use existing transportation facilities

10 most efficiently to relieve congestion, to effi11 ciently serve the mobility needs of people and

12 goods, and to enhance access within the metro13 politan planning area; and’’;

14 (B) in paragraph (2), by striking ‘‘as they

15 are related to a 20-year forecast period’’ and in16 serting ‘‘and any State or local goals developed

17 within the cooperative metropolitan planning

18 process as they relate to a 20-year forecast period

19 and to other forecast periods as determined by

20 the participants in the planning process. In de21 veloping long-range plans, the metropolitan

22 planning organization shall take into account

23 the impact of all transportation projects and de24 velopment plans that will affect the transpor25 tation system in the metropolitan area, without
715

S 1173 OPS

1 regard to whether such projects are financed with

2 Federal funds’’;

3 (C) in paragraph (4), by inserting ‘‘freight

4 shippers,’’ after ‘‘employees,’’; and

5 (D) in paragraph (5)(A), by inserting

6 ‘‘published or otherwise’’ before ‘‘made readily

7 available’’.

8 (b) METROPOLITAN TRANSPORTATION IMPROVEMENT

9 PROGRAM.—Section 5304 of title 49, United States Code,

10 is amended—

11 (1) in subsection (a), in the second sentence, by

12 striking ‘‘the organization’’ and inserting ‘‘the metro13 politan planning organization, in cooperation with

14 the chief executive officer of the State and any affected

15 mass transportation operator,’’;

16 (2) in subsection (b)(2), by striking subpara17 graph (C) and inserting the following:

18 ‘‘(C) identifies innovative financing tech19 niques to finance projects, programs, and strate20 gies.’’; and

21 (3) in subsection (c)—

22 (A) in paragraph (1), by inserting ‘‘and the

23 designated recipient under this chapter’’ after

24 ‘‘metropolitan planning organization’’; and

25 (B) by adding at the end the following:
716

S 1173 OPS

1 ‘‘(3) Notwithstanding any other provision of law, ac2 tion by the Secretary shall not be required to advance a

3 project included in the approved transportation improve4 ment program in place of another project of higher priority

5 in the program, except where the project is relevant to con6 formity with the Clean Air Act (42 U.S.C. 7401 et seq.).

7 ‘‘(4) A transportation improvement program and the

8 annual selection of projects involving Government partici9 pation shall be published or otherwise made readily avail10 able for public review, identifying federally funded projects,

11 and the estimated costs and locations of those projects.

12 ‘‘(5) Regionally significant projects proposed for fund13 ing under chapter 2 of title 23 shall be identified individ14 ually in the transportation improvement program. All other

15 projects funded under chapter 2 of title 23 shall be grouped

16 in 1 line item or identified individually in the transpor17 tation improvement program.’’.

18 (c) TRANSPORTATION MANAGEMENT AREAS.—Section

19 5305 of title 49, United States Code, is amended—

20 (1) in subsection (a), by striking paragraph (2)

21 and inserting the following:

22 ‘‘(2) any other area, if requested by the chief ex23 ecutive officer and the metropolitan planning organi24 zation designated for the area.’’;
717

S 1173 OPS

1 (2) in subsection (b), by inserting ‘‘affected’’ be2 fore ‘‘mass transportation operators’’;

3 (3) in subsection (c), by striking ‘‘The Secretary’’

4 and all that follows through the final period;

5 (4) in subsection (d)(1)(A)—

6 (A) by inserting ‘‘and any affected mass

7 transportation operator’’ after ‘‘the State’’; and

8 (B) by striking ‘‘or under the Bridge and

9 Interstate Maintenance programs’’;

10 (5) in subsection (d)(1)(B), by striking ‘‘or

11 under the Bridge and Interstate Maintenance pro12 grams’’; and

13 (6) in subsection (e), by striking paragraph (2)

14 and inserting the following:

15 ‘‘(2)(A) If a metropolitan planning process is not cer16 tified or is certified conditionally, the Secretary may with17 hold not more than 20 percent of the apportioned funds at18 tributable to the transportation management area under

19 this chapter and title 23, or may establish such other condi20 tions as the Secretary determines to be appropriate.

21 ‘‘(B) Any apportionments withheld under subpara22 graph (A) shall be restored to the metropolitan area at such

23 time as the metropolitan planning organization is certified

24 by the Secretary.’’.

25 (d) STATEWIDE PLANNING.—
718

S 1173 OPS

1 (1) IN GENERAL.—Chapter 53 of title 49, United

2 States Code, is amended by inserting after section

3 5305 the following:

4 ‘‘§ 5305a. Statewide planning

5 ‘‘(a) DEVELOPMENT REQUIREMENTS.—

6 ‘‘(1) IN GENERAL.—To carry out sections 5303

7 through 5305 of this chapter and section 134 of title

8 23, each State shall develop transportation plans and

9 programs for all areas of the State, which shall pro10 vide for the development and integrated management

11 and operation of transportation systems (including

12 pedestrian walkways and bicycle transportation fa13 cilities) that will function as an intermodal State

14 transportation system and an integral part of the

15 intermodal transportation system of the United

16 States.

17 ‘‘(2) SPECIFIC REQUIREMENTS.—The develop18 ment of the plans and programs under paragraph (1)

19 shall—

20 ‘‘(A) provide for consideration of all modes

21 of transportation; and

22 ‘‘(B) be continuing, cooperative, and com23 prehensive to the degree appropriate, based on

24 the complexity of the transportation problems to

25 be addressed.
719

S 1173 OPS

1 ‘‘(b) SCOPE OF PLANNING PROCESS.—

2 ‘‘(1) IN GENERAL.—Each State shall carry out a

3 transportation planning process under this section,

4 which shall provide for consideration of—

5 ‘‘(A) supporting the economic vitality of the

6 metropolitan area, especially by enabling global

7 competitiveness, productivity, and efficiency;

8 ‘‘(B) increasing the safety and security of

9 the transportation system for motorized and non10 motorized users;

11 ‘‘(C) increasing the accessibility and mobil12 ity options available to people and for freight;

13 ‘‘(D) protecting and enhancing the environ14 ment, promoting energy conservation and im15 proved quality of life, and coordinating land-use

16 and transportation plans and programs;

17 ‘‘(E) enhancing the integration and

18 connectivity of the transportation system, across

19 and between modes, for people and freight;

20 ‘‘(F) promoting efficient system manage21 ment and operation; and

22 ‘‘(G) emphasizing the preservation of the ex23 isting transportation system.

24 ‘‘(2) GOALS.—In cooperation with the metropoli25 tan planning organization and mass transportation
720

S 1173 OPS

1 operators, and with opportunity for public review

2 and comment, the State shall establish goals that re3 late to the factors described in paragraph (1), and

4 propose projects, programs, and strategies to achieve

5 those goals.

6 ‘‘(c) COORDINATION WITH METROPOLITAN PLANNING;

7 STATE IMPLEMENTATION PLAN.—

8 ‘‘(1) IN GENERAL.—In carrying out the plan9 ning under this section, a State shall—

10 ‘‘(A) coordinate the planning with the

11 transportation planning activities carried out

12 under sections 5303 through 5305 of this chapter

13 and section 134 of title 23, for metropolitan

14 areas of the State;

15 ‘‘(B) carry out the responsibilities of the

16 State for the development of the transportation

17 portion of the State air quality implementation

18 plan, to the extent required by the Clean Air Act

19 (42 U.S.C. 7401 et seq.); and

20 ‘‘(C) to the maximum extent practicable, co21 ordinate with all other governmental agencies

22 and nonprofit organizations operating within

23 the State planning area that receive assistance

24 from governmental sources (other than the De-
721

S 1173 OPS

1 partment of Transportation) to provide non2 emergency transportation services.

3 ‘‘(2) PARTICIPATION.—The governmental agen4 cies and nonprofit organizations described in para5 graph (1)(C) shall participate and coordinate with

6 recipients of assistance under this chapter in the de7 sign and delivery of transportation services.

8 ‘‘(3) PURPOSE OF COORDINATION.—The purpose

9 of coordination under this subsection is to maximize

10 the efficient use of resources and to integrate all such

11 services to ensure accessibility and mobility.

12 ‘‘(d) ADDITIONAL REQUIREMENTS.—In carrying out

13 planning under this section, each State shall, at a mini14 mum, consider—

15 ‘‘(1) with respect to nonmetropolitan areas, the

16 concerns of local elected officials representing units of

17 general purpose local government;

18 ‘‘(2) the concerns of Indian tribal governments

19 and Federal land management agencies that have ju20 risdiction over land within the boundaries of the

21 State; and

22 ‘‘(3) coordination of transportation plans, pro23 grams, and planning activities with related planning

24 activities being carried out outside of metropolitan

25 planning areas.
722

S 1173 OPS

1 ‘‘(e) LONG-RANGE TRANSPORTATION PLAN.—

2 ‘‘(1) IN GENERAL.—Each State shall develop a

3 long-range transportation plan, with a minimum 20-

4 year forecast period, for all areas of the State, that

5 provides for the development and implementation of

6 the intermodal transportation system of the State.

7 ‘‘(2) COOPERATION.—With respect to each metro8 politan area in the State, the long-range transpor9 tation plan referred to in paragraph (1) shall be de10 veloped in cooperation with the metropolitan plan11 ning organization designated for the metropolitan

12 area under section 5303 and section 134 of title 23.

13 With respect to each nonmetropolitan area, the long14 range transportation plan shall be developed in con15 sultation with local elected officials representing units

16 of general purpose local government. With respect to

17 each area of the State under the jurisdiction of an In18 dian tribal government, the long-range transportation

19 plan shall be developed in consultation with the tribal

20 government and the Secretary of the Interior.

21 ‘‘(3) OPPORTUNITY FOR COMMENT.—In develop22 ing the long-range transportation plan under this

23 subsection, the State shall provide citizens, affected

24 public agencies, representatives of transportation au25 thority employees, other affected employee representa-
723

S 1173 OPS

1 tives, freight shippers, private providers of transpor2 tation, and other interested parties with a reasonable

3 opportunity to comment on the proposed plan.

4 ‘‘(4) TRANSPORTATION STRATEGIES.—The long5 range transportation plan developed under this sub6 section shall identify transportation strategies nec7 essary to efficiently serve the mobility needs of indi8 viduals.

9 ‘‘(f) STATE TRANSPORTATION IMPROVEMENT

10 PROGRAM.—

11 ‘‘(1) IN GENERAL.—The State shall develop a

12 transportation improvement program for all areas of

13 the State.

14 ‘‘(2) COOPERATION.—With respect to each metro15 politan area in the State, the transportation improve16 ment program under this subsection shall be developed

17 in cooperation with the metropolitan planning orga18 nization designated for the metropolitan area under

19 section 5303 and section 134 of title 23. With respect

20 to each nonmetropolitan area, the program shall be

21 developed in consultation with local elected officials

22 representing units of general purpose local govern23 ment. With respect to each area of the State under the

24 jurisdiction of an Indian tribal government, the pro-
724

S 1173 OPS

1 gram shall be developed in consultation with the trib2 al government and the Secretary of the Interior.

3 ‘‘(3) OPPORTUNITY FOR COMMENT.—In develop4 ing the transportation improvement program under

5 this subsection, the State shall provide citizens, af6 fected public agencies, representatives of transpor7 tation authority employees, other affected employee

8 representatives, freight shippers, private providers of

9 transportation, and other interested parties with a

10 reasonable opportunity to comment on the proposed

11 program.

12 ‘‘(4) REQUIRED INFORMATION.—A transpor13 tation improvement program developed for a State

14 under this subsection shall include federally supported

15 surface transportation expenditures within the bound16 aries of the State. Regionally significant projects pro17 posed for funding under chapter 2 of title 23 shall be

18 identified individually. All other projects funded

19 under chapter 2 of title 23 shall be grouped in 1 line

20 item or identified individually in the transportation

21 improvement program.

22 ‘‘(5) SPECIFIC REQUIREMENTS.—Each project

23 shall—
725

S 1173 OPS

1 ‘‘(A) be consistent with the long-range

2 transportation plan developed under this section

3 for the State;

4 ‘‘(B) be identical to the project described in

5 an approved metropolitan transportation im6 provement program; and

7 ‘‘(C) be in conformance with the applicable

8 State air quality implementation plan developed

9 under the Clean Air Act (42 U.S.C. 7401 et seq.),

10 if the project is carried out in an area des11 ignated as nonattainment for ozone or carbon

12 monoxide under that Act.

13 ‘‘(6) PROJECTS.—The transportation improve14 ment program developed under this subsection shall

15 include a project, or an identified phase of a project,

16 only if full funding can reasonably be anticipated to

17 be available for the project within the time period

18 contemplated for completion of the project.

19 ‘‘(7) PRIORITIES.—The transportation improve20 ment program developed under this subsection shall

21 reflect the priorities for programming and expendi22 tures of funds, including transportation enhance23 ments, required by this chapter.

24 ‘‘(8) SMALL AREAS.—Projects carried out in

25 areas with populations of less than 50,000—
726

S 1173 OPS

1 ‘‘(A) excluding projects carried out on the

2 National Highway System, shall be selected from

3 the approved statewide transportation improve4 ment program by the State in cooperation with

5 the affected local officials; and

6 ‘‘(B) on the National Highway System,

7 shall be selected from the approved statewide

8 transportation improvement program by the

9 State, in consultation with the affected local offi10 cials.

11 ‘‘(9) REVIEW.—A transportation improvement

12 program developed under this subsection shall be re13 viewed and, on a finding that the planning process

14 through which the program was developed is consist15 ent with this section and section 5303, approved not

16 less frequently than biennially by the Secretary. Not17 withstanding any other provision of law, action by

18 the Secretary shall not be required to advance a

19 project included in the approved statewide transpor20 tation improvement program in place of another

21 project of higher priority in the program, except

22 where the project is relevant to conformity with the

23 Clean Air Act (42 U.S.C. 7401 et seq.).
727

S 1173 OPS

1 ‘‘(g) AVAILABLE FUNDS.—Amounts set aside under

2 section 5313(b) of this chapter and section 505 of title 23

3 shall be available to carry out this section.’’.

4 (2) CONFORMING AMENDMENT.—The analysis for

5 chapter 53 of title 49, United States Code, is amended

6 by inserting after the item relating to section 5305 the

7 following:

‘‘5305a. Statewide planning.’’.

8 SEC. 5005. METROPOLITAN PLANNING ORGANIZATIONS.

9 Section 5303(c)(2) of title 49, United States Code, is

10 amended by striking ‘‘and appropriate State officials’’ and

11 inserting ‘‘appropriate State officials, and a representative

12 of the users of public transit’’.

13 SEC. 5006. FARE BOX REVENUES.

14 (a) BLOCK GRANTS.—Section 5307(e) of title 49,

15 United States Code, is amended—

16 (1) in the first sentence, by striking ‘‘A grant of’’

17 and inserting the following:

18 ‘‘(1) IN GENERAL.—A grant of’’;

19 (2) in the fourth sentence, by striking ‘‘or reve20 nues from’’ and all that follows through ‘‘1985)’’;

21 (3) in the last sentence, by inserting ‘‘proceeds

22 from a local issuance of debt,’’ after ‘‘cash fund or re23 serve,’’; and

24 (4) by adding at the end the following:
728

S 1173 OPS

1 ‘‘(2) MAINTENANCE OF EFFORT.—The credit

2 given for the use of proceeds from a local issuance of

3 debt in meeting the non-Federal share under para4 graph (1) shall not reduce or replace State monies re5 quired to match Federal funds for any program pur6 suant to this chapter. In receiving a credit for non7 Federal capital expenditures under this section, a

8 State shall enter into such agreements as the Sec9 retary may require to ensure that the State will

10 maintain its non-Federal transportation capital ex11 penditures at or above the average level of such ex12 penditures for the preceding 3 fiscal years.’’.

13 (b) DISCRETIONARY GRANTS AND LOANS.—Section

14 5309(h) of title 49, United States Code, is amended in the

15 fourth sentence, by inserting ‘‘proceeds from a local issuance

16 of debt,’’ after ‘‘cash fund or reserve.’’.

17 SEC. 5007. CLEAN FUELS FORMULA GRANT PROGRAM.

18 (a) IN GENERAL.—Section 5308 of title 49, United

19 States Code, is amended to read as follows:

20 ‘‘§ 5308. Clean fuels formula grant program

21 ‘‘(a) DEFINITIONS.—In this section—

22 ‘‘(1) the term ‘designated recipient’ has the same

23 meaning as in section 5307(a);

24 ‘‘(2) the term ‘eligible project’—

25 ‘‘(A) means a project for the—
729

S 1173 OPS

1 ‘‘(i) purchase or lease of clean fuel ve2 hicles or hybrid transit vehicles, including

3 clean fuel vehicles that employ a lightweight

4 composite primary structure;

5 ‘‘(ii) construction or leasing of clean

6 fuel vehicle fueling or electrical recharging

7 facilities and related equipment;

8 ‘‘(iii) improvement of existing transit

9 facilities to accommodate clean fuel vehicles;

10 or

11 ‘‘(iv) incremental costs of biodiesel fuel;

12 and

13 ‘‘(B) in the discretion of the Secretary, may

14 include projects relating to clean fuel, biodiesel,

15 hybrid electric, or zero emissions technology vehi16 cles that exhibit equivalent or superior emissions

17 reductions to existing clean fuel or hybrid elec18 tric technologies; and

19 ‘‘(3) the term ‘Secretary’ means the Secretary of

20 Transportation.

21 ‘‘(b) AUTHORITY.—The Secretary shall make grants in

22 accordance with this section to designated recipients to fi23 nance eligible projects.

24 ‘‘(c) APPLICATION.—Not later than January 1 of each

25 year, any designated recipient seeking to apply for a grant
730

S 1173 OPS

1 under this section for an eligible project shall submit an

2 application to the Secretary, in such form and in accord3 ance with such requirements as the Secretary shall establish

4 by regulation.

5 ‘‘(d) APPORTIONMENT OF FUNDS.—

6 ‘‘(1) FORMULA.—Not later than February 1 of

7 each year, the Secretary shall apportion amounts

8 made available under this section to designated re9 cipients submitting applications under subsection (c)

10 in accordance with the following:

11 ‘‘(A) Two-thirds of the amount made avail12 able under this section shall be apportioned to

13 designated recipients with eligible projects in

14 urban areas with a population of not less than

15 1,000,000 as follows:

16 ‘‘(i) 50 percent shall be apportioned,

17 such that each such designated recipient re18 ceives a grant in an amount equal to the

19 ratio between—

20 ‘‘(I) the number of vehicles in the

21 bus fleet of the eligible project of the

22 designated recipient, weighted by sever23 ity of nonattainment for the area in

24 which the eligible project is located, as

25 provided in paragraph (2); and
731

S 1173 OPS

1 ‘‘(II) the total number of vehicles

2 in the bus fleets of all eligible projects

3 in areas with a population of not less

4 than 1,000,000 funded under this sec5 tion, weighted by severity of nonattain6 ment for all areas in which those eligi7 ble projects are located, as provided in

8 paragraph (2).

9 ‘‘(ii) 50 percent of the amount made

10 available under this section shall be appor11 tioned, such that each such designated recip12 ient receives a grant in an amount equal to

13 the ratio between—

14 ‘‘(I) the number of bus passenger

15 miles (as that term is defined in sec16 tion 5336(c)) of the eligible project of

17 the designated recipient, weighted by

18 severity of nonattainment of the area

19 in which the eligible project is located,

20 as provided in paragraph (2); and

21 ‘‘(II) the total number of bus pas22 senger miles of all eligible projects in

23 areas with a population of not less

24 than 1,000,000 funded under this sec25 tion, weighted by severity of nonattain-
732

S 1173 OPS

1 ment of all areas in which those eligi2 ble projects are located, as provided in

3 paragraph (2).

4 ‘‘(B) One-third of the amount made avail5 able under this section shall be apportioned to

6 designated recipients with eligible projects in

7 urban areas with a population of less than

8 1,000,000 as follows:

9 ‘‘(i) 50 percent shall be apportioned,

10 such that each such designated recipient re11 ceives a grant in an amount equal to the

12 ratio between—

13 ‘‘(I) the number of vehicles in the

14 bus fleet of the eligible project of the

15 designated recipient, weighted by sever16 ity of nonattainment for the area in

17 which the eligible project is located, as

18 provided in paragraph (2); and

19 ‘‘(II) the total number of vehicles

20 in the bus fleets of all eligible projects

21 in areas with a population of less than

22 1,000,000 funded under this section,

23 weighted by severity of nonattainment

24 for all areas in which those eligible
733

S 1173 OPS

1 projects are located, as provided in

2 paragraph (2).

3 ‘‘(ii) 50 percent of the amount made

4 available under this section shall be appor5 tioned, such that each such designated recip6 ient receives a grant in an amount equal to

7 the ratio between—

8 ‘‘(I) the number of bus passenger

9 miles (as that term is defined in sec10 tion 5336(c)) of the eligible project of

11 the designated recipient, weighted by

12 severity of nonattainment of the area

13 in which the eligible project is located,

14 as provided in paragraph (2); and

15 ‘‘(II) the total number of bus pas16 senger miles of all eligible projects in

17 areas with a population of less than

18 1,000,000 funded under this section,

19 weighted by severity of nonattainment

20 of all areas in which those eligible

21 projects are located, as provided in

22 paragraph (2).

23 ‘‘(2) WEIGHTING OF SEVERITY OF NONATTAIN24 MENT.—
734

S 1173 OPS

1 ‘‘(A) IN GENERAL.—For purposes of para2 graph (1), subject to subparagraph (B) of this

3 paragraph, the number of clean fuel vehicles in

4 the fleet, or the number of passenger miles, shall

5 be multiplied by a factor of—

6 ‘‘(i) 1.0 if, at the time of the appor7 tionment, the area is a maintenance area

8 (as that term is defined in section 101 of

9 title 23) for ozone or carbon monoxide;

10 ‘‘(ii) 1.1 if, at the time of the appor11 tionment, the area is classified as—

12 ‘‘(I) a marginal ozone nonattain13 ment area under subpart 2 of part D

14 of title I of the Clean Air Act (42

15 U.S.C. 7511 et seq.); or

16 ‘‘(II) a marginal carbon monoxide

17 nonattainment area under subpart 3 of

18 part D of title I of that Act (42 U.S.C.

19 7512 et seq.);

20 ‘‘(iii) 1.2 if, at the time of the appor21 tionment, the area is classified as—

22 ‘‘(I) a moderate ozone nonattain23 ment area under subpart 2 of part D

24 of title I of the Clean Air Act (42

25 U.S.C. 7511 et seq.); or
735

S 1173 OPS

1 ‘‘(II) a moderate carbon monoxide

2 nonattainment area under subpart 3 of

3 part D of title I of that Act (42 U.S.C.

4 7512 et seq.);

5 ‘‘(iv) 1.3 if, at the time of the appor6 tionment, the area is classified as—

7 ‘‘(I) a serious ozone nonattain8 ment area under subpart 2 of part D

9 of title I of the Clean Air Act (42

10 U.S.C. 7511 et seq.); or

11 ‘‘(II) a serious carbon monoxide

12 nonattainment area under subpart 3 of

13 part D of title I of that Act (42 U.S.C.

14 7512 et seq.);

15 ‘‘(v) 1.4 if, at the time of the appor16 tionment, the area is classified as—

17 ‘‘(I) a severe ozone nonattainment

18 area under subpart 2 of part D of title

19 I of the Clean Air Act (42 U.S.C. 7511

20 et seq.); or

21 ‘‘(II) a severe carbon monoxide

22 nonattainment area under subpart 3 of

23 part D of title I of that Act (42 U.S.C.

24 7512 et seq.); or
736

S 1173 OPS

1 ‘‘(vi) 1.5 if, at the time of the appor2 tionment, the area is classified as—

3 ‘‘(I) an extreme ozone nonattain4 ment area under subpart 2 of part D

5 of title I of the Clean Air Act (42

6 U.S.C. 7511 et seq.); or

7 ‘‘(II) an extreme carbon monoxide

8 nonattainment area under subpart 3 of

9 part D of title I of that Act (42 U.S.C.

10 7512 et seq.).

11 ‘‘(B) ADDITIONAL ADJUSTMENT FOR CAR12 BON MONOXIDE AREAS.—If, in addition to being

13 classified as a nonattainment or maintenance

14 area (as that term is defined in section 101 of

15 title 23) for ozone under subpart 2 of part D of

16 title I of the Clean Air Act (42 U.S.C. 7511 et

17 seq.), the area was also classified under subpart

18 3 of part D of title I of that Act (42 U.S.C. 7512

19 et seq.) as a nonattainment area for carbon mon20 oxide, the weighted nonattainment or mainte21 nance area fleet and passenger miles for the eli22 gible project, as calculated under subparagraph

23 (A), shall be further multiplied by a factor of

24 1.2.

25 ‘‘(3) MAXIMUM GRANT AMOUNT.—
737

S 1173 OPS

1 ‘‘(A) IN GENERAL.—The amount of a grant

2 made to a designated recipient under this section

3 shall not exceed the lesser of—

4 ‘‘(i) for an eligible project in an

5 area—

6 ‘‘(I) with a population of less

7 than 1,000,000, $15,000,000; and

8 ‘‘(II) with a population of not less

9 than 1,000,000, $25,000,000; or

10 ‘‘(ii) 80 percent of the total cost of the

11 eligible project.

12 ‘‘(B) REAPPORTIONMENT.—Any amounts

13 that would otherwise be apportioned to a des14 ignated recipient under this subsection that ex15 ceed the amount described in subparagraph (A)

16 shall be reapportioned among other designated

17 recipients in accordance with paragraph (1).

18 ‘‘(e) AUTHORIZATION.—

19 ‘‘(1) IN GENERAL.—Subject to paragraph (2), in

20 each fiscal year, $200,000,000 shall be made available

21 or appropriated under subsections (a) and (b) of sec22 tion 5338 to carry out this section.

23 ‘‘(2) ADDITIONAL REQUIREMENT.—Notwith24 standing any other provision of this section, not less

25 than 5 percent of the amount apportioned under this
738

S 1173 OPS

1 section in each fiscal year shall be apportioned to

2 fund any eligible projects, for which an application is

3 received from a designated recipient in accordance

4 with subsection (a), for—

5 ‘‘(A) the purchase or construction of hybrid

6 electric or battery-powered buses; or

7 ‘‘(B) facilities specifically designed to serv8 ice those buses.

9 ‘‘(f) AVAILABILITY OF FUNDS.—Any amount made

10 available or appropriated under this section—

11 ‘‘(1) shall remain available for 1 year after the

12 fiscal year for which the amount is made available or

13 appropriated; and

14 ‘‘(2) that remains unobligated at the end of the

15 period described in paragraph (1), shall be added to

16 the amount made available in the following fiscal

17 year.’’.

18 (b) DEFINITION OF CLEAN FUEL VEHICLE.—Section

19 5302(a) of title 49, United States Code, is amended—

20 (1) in each of paragraphs (2) through (12), by

21 striking the period at the end and inserting a semi22 colon;

23 (2) in paragraph (13), by striking the period at

24 the end and inserting ‘‘; and’’; and

25 (3) by adding at the end the following:
739

S 1173 OPS

1 ‘‘(14) ‘clean fuel vehicle’ means a vehicle powered

2 by compressed natural gas, liquefied natural gas, bio3 diesel fuels, batteries, alcohol-based fuels, or hybrid

4 electric, fuel cell, or other zero emissions technology.’’.

5 (c) CLERICAL AMENDMENT.—The analysis for chapter

6 53 of title 49, United States Code, is amended by striking

7 the item relating to section 5308 and inserting the follow8 ing:

‘‘5308. Clean fuels formula grant program.’’.

9 SEC. 5008. CAPITAL INVESTMENT GRANTS AND LOANS.

10 (a) IN GENERAL.—Section 5309 of title 49, United

11 States Code, is amended in the section heading, by striking

12 ‘‘Discretionary’’ and inserting ‘‘Capital invest13 ment’’.

14 (b) ALLOCATING AMOUNTS.—Section 5309(m)(1) of

15 title 49, United States Code, is amended by striking ‘‘Of

16 the amounts available for grants and loans under this sec17 tion for each of the fiscal years ending September 30, 1993–

18 1997’’ and inserting ‘‘After apportioning amounts for the

19 purposes of section 5308, of the amounts available for

20 grants and loans under this section for each of fiscal years

21 1993 through 2003’’.

22 (c) CONFORMING AMENDMENT.—The analysis for

23 chapter 53 of title 49, United States Code, is amended in

24 the item relating to section 5309, by striking ‘‘Discre25 tionary’’ and inserting ‘‘Capital investment’’.
740

S 1173 OPS

1 SEC. 5009. TRANSIT SUPPORTIVE LAND USE.

2 Section 5309(e)(3)(B) of title 49, United States Code,

3 is amended by inserting ‘‘, and recognize reductions in local

4 infrastructure costs achieved through compact land use de5 velopment’’ before the semicolon.

6 SEC. 5010. NEW STARTS.

7 Section 5309(m) of title 49, United States Code, is

8 amended by adding at the end the following:

9 ‘‘(5) Not more than 8 percent of the amount made

10 available under paragraph (1)(B) in any fiscal year shall

11 be available for activities other than final design and con12 struction.’’.

13 SEC. 5011. JOINT PARTNERSHIP FOR DEPLOYMENT OF IN14 NOVATION.

15 Section 5312 of title 49, United States Code, is amend16 ed by adding at the end the following:

17 ‘‘(d) JOINT PARTNERSHIP PROGRAM FOR DEPLOY18 MENT OF INNOVATION.—

19 ‘‘(1) DEFINITION OF CONSORTIUM.—In this sub20 section, the term ‘consortium’—

21 ‘‘(A) means—

22 ‘‘(i) 1 or more public or private orga23 nizations located in the United States, that

24 provides mass transportation service to the

25 public; and
741

S 1173 OPS

1 ‘‘(ii) 1 or more businesses, including

2 small- and medium-sized businesses, incor3 porated in a State, offering goods or services

4 or willing to offer goods and services to

5 mass transportation operators; and

6 ‘‘(B) may include, as additional members,

7 public or private research organizations located

8 in the United States, or State or local govern9 mental authorities.

10 ‘‘(2) GENERAL AUTHORITY.—The Secretary may,

11 under terms and conditions that the Secretary pre12 scribes, enter into grants, contracts, cooperative agree13 ments, and other agreements with consortia selected

14 in accordance with paragraph (4), to promote the

15 early deployment of innovation in mass transpor16 tation technology, services, management, or oper17 ational practices. This paragraph shall be carried out

18 in consultation with the transit industry by competi19 tively selected public/private partnerships that will

20 share costs, risks, and rewards of early deployment of

21 innovation with broad applicability.

22 ‘‘(3) CONSORTIUM CONTRIBUTION.—A consor23 tium assisted under this subsection shall provide not

24 less than 50 percent of the costs of any joint partner25 ship project. Any business, organization, person, or
742

S 1173 OPS

1 governmental body may contribute funds to a joint

2 partnership project.

3 ‘‘(4) NOTICE REQUIREMENT.—The Secretary

4 shall periodically give public notice of the technical

5 areas for which joint partnerships are solicited, re6 quired qualifications of consortia desiring to partici7 pate, the method of selection and evaluation criteria

8 to be used in selecting participating consortia and

9 projects, and the process by which innovation projects

10 described in paragraph (1) will be awarded.

11 ‘‘(5) USE OF REVENUES.—The Secretary shall,

12 to the maximum extent practicable, accept a portion

13 of the revenues resulting from sales of an innovation

14 project funded under this section, to be credited to the

15 Mass Transit Account of the Highway Trust Fund

16 and used for joint partnership projects in accordance

17 with this subsection.’’.

18 SEC. 5012. WORKPLACE SAFETY.

19 Section 5315(a) of title 49, United States Code, is

20 amended—

21 (1) in paragraph (13), by striking ‘‘and’’ at the

22 end;

23 (2) in paragraph (14), by striking the period at

24 the end and inserting ‘‘; and’’; and

25 (3) by adding at the end the following:
743

S 1173 OPS

1 ‘‘(15) workplace safety.’’.

2 SEC. 5013. UNIVERSITY TRANSPORTATION CENTERS.

3 (a) IN GENERAL.—Subchapter IV of chapter 52 of title

4 49, United States Code (as added by section 2003(a) of this

5 Act), is repealed effective 1 day after the date of enactment

6 of this Act.

7 (b) REPEAL.—

8 (1) IN GENERAL.—Section 2003(b) of this Act,

9 and the amendments made by that section, are re10 pealed effective 1 day after the date of enactment of

11 this Act.

12 (2) APPLICABILITY.—Effective 1 day after the

13 date of enactment of this Act, sections 5316 and 5317

14 of title 49, United States Code, and the items relating

15 to sections 5316 and 5317 in the analysis for chapter

16 53 of title 49, United States Code, shall be applied

17 and administered as if section 2003(b) of this Act had

18 not been enacted.

19 (c) ESTABLISHMENT OF CENTER.—Section 5317(b) of

20 title 49, United States Code, is amended by adding the fol21 lowing new paragraph:

22 ‘‘(6) The Secretary shall make grants to the Uni23 versity of Alabama Transportation Research Center to

24 establish a university Transportation Center.’’.
744

S 1173 OPS

1 SEC. 5014. JOB ACCESS AND REVERSE COMMUTE GRANTS.

2 (a) FINDINGS.—Congress finds that—

3 (1) two-thirds of all new jobs are in the suburbs,

4 whereas three-quarters of welfare recipients live in

5 rural areas or central cities;

6 (2) even in metropolitan areas with excellent

7 public transit systems, less than half of the jobs are

8 accessible by transit;

9 (3) in 1991, the median price of a new car was

10 equivalent to 25 weeks of salary for the average work11 er, and considerably more for the low-income worker;

12 (4) not fewer than 9,000,000 households and

13 10,000,000 Americans of driving age, most of whom

14 are low-income workers, do not own cars;

15 (5) 94 percent of welfare recipients do not own

16 cars;

17 (6) nearly 40 percent of workers with annual in18 comes below $10,000 do not commute by car;

19 (7) many of the 2,000,000 Americans who will

20 have their Temporary Assistance to Needy Families

21 grants (under the State program funded under part

22 A of title IV of the Social Security Act (42 U.S.C.

23 601 et seq.)) terminated by the year 2002 will be un24 able to get to jobs they could otherwise hold;

25 (8) increasing the transit options for low-income

26 workers, especially those who are receiving or who
745

S 1173 OPS

1 have recently received welfare benefits, will increase

2 the likelihood of those workers getting and keeping

3 jobs; and

4 (9) many residents of cities and rural areas

5 would like to take advantage of mass transit to gain

6 access to suburban employment opportunities.

7 (b) GRANT AUTHORITY.—

8 (1) IN GENERAL.—Chapter 53 of title 49, United

9 States Code, is amended by inserting after section

10 5320 the following:

11 ‘‘§ 5320a. Access to jobs

12 ‘‘(a) DEFINITIONS.—In this section:

13 ‘‘(1) ELIGIBLE LOW-INCOME INDIVIDUAL.—The

14 term ‘eligible low-income individual’ means an indi15 vidual whose family income is at or below 150 per16 cent of the poverty line (as that term is defined in

17 section 673(2) of the Community Services Block

18 Grant Act (42 U.S.C. 9902(2)), including any revi19 sion required by that section) for a family of the size

20 involved.

21 ‘‘(2) ELIGIBLE PROJECT AND RELATED TERMS.—

22 ‘‘(A) IN GENERAL.—The term ‘eligible

23 project’ means an access to jobs project or a re24 verse commute project.
746

S 1173 OPS

1 ‘‘(B) ACCESS TO JOBS PROJECT.—The term

2 ‘access to jobs project’ means a project relating

3 to the development of transportation services de4 signed to transport welfare recipients and eligi5 ble low-income individuals to and from jobs and

6 activities related to their employment, includ7 ing—

8 ‘‘(i) capital projects and to finance op9 erating costs of equipment, facilities, and

10 associated capital maintenance items relat11 ed to providing access to jobs under this sec12 tion;

13 ‘‘(ii) promoting the use of transit by

14 workers with nontraditional work schedules;

15 ‘‘(iii) promoting the use by appro16 priate agencies of transit vouchers for wel17 fare recipients and eligible low-income indi18 viduals under specific terms and conditions

19 developed by the Secretary; and

20 ‘‘(iv) promoting the use of employer21 provided transportation including the tran22 sit pass benefit program under subsections

23 (a) and (f) of section 132 of title 26.

24 ‘‘(C) REVERSE COMMUTE PROJECT.—The

25 term ‘reverse commute project’ means a project
747

S 1173 OPS

1 related to the development of transportation serv2 ices designed to transport residents of urban

3 areas, urbanized areas, and areas other than ur4 banized areas to suburban employment opportu5 nities, including any project to—

6 ‘‘(i) subsidize the costs associated with

7 adding reverse commute bus, train, or van

8 routes, or service from urban areas, urban9 ized areas, and areas other than urbanized

10 areas, to suburban workplaces;

11 ‘‘(ii) subsidize the purchase or lease by

12 a private employer, nonprofit organization,

13 or public agency of a van or bus dedicated

14 to shuttling employees from their residences

15 to a suburban workplace;

16 ‘‘(iii) otherwise facilitate the provision

17 of mass transportation services to suburban

18 employment opportunities to residents of

19 urban areas, urbanized areas, and areas

20 other than urbanized areas.

21 ‘‘(3) EXISTING TRANSPORTATION SERVICE PRO22 VIDERS.—The term ‘existing transportation service

23 providers’ means mass transportation operators and

24 governmental agencies and nonprofit organizations
748

S 1173 OPS

1 that receive assistance from Federal, State, or local

2 sources for nonemergency transportation services.

3 ‘‘(4) SECRETARY.—The term ‘Secretary’ means

4 the Secretary of Transportation.

5 ‘‘(5) QUALIFIED ENTITY.—The term ‘qualified

6 entity’ means—

7 ‘‘(A) with respect to any proposed eligible

8 project in an urbanized area with a population

9 of not less than 200,000, the entity or entities se10 lected by the appropriate metropolitan planning

11 organization, in coordination with affected tran12 sit grant recipients (as provided in subsection

13 (g)(2)), from among local governmental authori14 ties and nonprofit organizations; and

15 ‘‘(B) with respect to any proposed eligible

16 project in an urbanized area with a population

17 of less than 200,000, or an area other than an

18 urbanized area, the entity or entities selected by

19 the chief executive officer of the State in which

20 the area is located, in coordination with affected

21 transit grant recipients (as provided in sub22 section (g)(2)), from among local governmental

23 authorities and nonprofit organizations.

24 ‘‘(6) WELFARE RECIPIENT.—The term ‘welfare

25 recipient’ means an individual who receives or re-
749

S 1173 OPS

1 ceived aid or assistance under a State program fund2 ed under part A of title IV of the Social Security Act

3 (whether in effect before or after the effective date of

4 the amendments made by title I of the Personal Re5 sponsibility and Work Opportunity Reconciliation

6 Act of 1996 (Public Law 104–193; 110 Stat. 2110))

7 at any time during the 3-year period before the date

8 on which the applicant applies for a grant under this

9 section.

10 ‘‘(b) GENERAL AUTHORITY.—

11 ‘‘(1) IN GENERAL.—The Secretary may make ac12 cess to jobs grants and reverse commute grants under

13 this section to assist qualified entities in financing el14 igible projects.

15 ‘‘(2) COORDINATION.—The Secretary shall co16 ordinate activities under this section with related ac17 tivities under programs of other Federal departments

18 and agencies.

19 ‘‘(c) APPLICATIONS.—Each qualified entity seeking to

20 receive a grant under this section for an eligible project

21 shall submit to the Secretary an application in such form

22 and in accordance with such requirements as the Secretary

23 shall establish by regulation.
750

S 1173 OPS

1 ‘‘(d) PROHIBITION.—Grants awarded under this sec2 tion may not be used for planning or coordination activi3 ties.

4 ‘‘(e) FACTORS FOR CONSIDERATION.—In awarding

5 grants under this section to applicants under subsection (c),

6 the Secretary shall consider—

7 ‘‘(1) the percentage of the population in the area

8 to be served by the applicant that are welfare recipi9 ents;

10 ‘‘(2) in the case of an applicant seeking assist11 ance to finance an access to jobs project, the need for

12 additional services in the area to be served by the ap13 plicant to transport welfare recipients and eligible

14 low-income individuals to and from specified jobs,

15 training, and other employment support services, and

16 the extent to which the proposed services will address

17 those needs;

18 ‘‘(3) the extent to which the applicant dem19 onstrates coordination with, and the financial com20 mitment of, existing transportation service providers;

21 ‘‘(4) the extent to which the applicant dem22 onstrates maximum utilization of existing transpor23 tation service providers and expands transit networks

24 or hours of service, or both;
751

S 1173 OPS

1 ‘‘(5) the extent to which the applicant dem2 onstrates an innovative approach that is responsive to

3 identified service needs;

4 ‘‘(6) the extent to which the applicant—

5 ‘‘(A) in the case of an applicant seeking as6 sistance to finance an access to jobs project, pre7 sents a regional transportation plan for address8 ing the transportation needs of welfare recipients

9 and eligible low-income individuals; and

10 ‘‘(B) identifies long-term financing strate11 gies to support the services under this section;

12 ‘‘(7) the extent to which the applicant dem13 onstrates that the community to be served has been

14 consulted in the planning process; and

15 ‘‘(8) in the case of an applicant seeking assist16 ance to finance a reverse commute project, the need

17 for additional services identified in a regional trans18 portation plan to transport individuals to suburban

19 employment opportunities, and the extent to which

20 the proposed services will address those needs.

21 ‘‘(f) FEDERAL SHARE OF COSTS.—

22 ‘‘(1) MAXIMUM AMOUNT.—The amount of a

23 grant under this section may not exceed 50 percent of

24 the total project cost.
752

S 1173 OPS

1 ‘‘(2) NONGOVERNMENTAL SHARE.—The portion

2 of the total cost of an eligible project that is not fund3 ed under this section—

4 ‘‘(A) shall be provided in cash from sources

5 other than revenues from providing mass trans6 portation; and

7 ‘‘(B) may be derived from amounts made

8 available to a department or agency of the Fed9 eral Government (other than the Department of

10 Transportation) that are eligible to be expended

11 for transportation.

12 ‘‘(g) PLANNING REQUIREMENTS.—

13 ‘‘(1) IN GENERAL.—The requirements of sections

14 5303 through 5306 apply to any grant made under

15 this section.

16 ‘‘(2) COORDINATION.—Each application for a

17 grant under this section shall reflect coordination

18 with and the approval of affected transit grant recipi19 ents. The eligible access to jobs projects financed must

20 be part of a coordinated public transit-human serv21 ices transportation planning process.

22 ‘‘(h) GRANT REQUIREMENTS.—A grant under this sec23 tion shall be subject to—

24 ‘‘(1) all of the terms and conditions to which a

25 grant made under section 5307 is subject; and
753

S 1173 OPS

1 ‘‘(2) such other terms and conditions as deter2 mined by the Secretary.

3 ‘‘(i) PROGRAM EVALUATION.—

4 ‘‘(1) COMPTROLLER GENERAL.—Beginning 6

5 months after the date of enactment of this section, and

6 every 6 months thereafter, the Comptroller General of

7 the United States shall—

8 ‘‘(A) conduct a study to evaluate the grant

9 program authorized under this section; and

10 ‘‘(B) submit to the Committee on Transpor11 tation and Infrastructure of the House of Rep12 resentatives and the Committee on Banking,

13 Housing, and Urban Affairs of the Senate a re14 port describing the results of each study under

15 subparagraph (A).

16 ‘‘(2) DEPARTMENT OF TRANSPORTATION.—Not

17 later than 2 years after the date of enactment of this

18 section, the Secretary shall—

19 ‘‘(A) conduct a study to evaluate the access

20 to jobs grant program authorized under this sec21 tion; and

22 ‘‘(B) submit to the Committee on Transpor23 tation and Infrastructure of the House of Rep24 resentatives and the Committee on Banking,

25 Housing, and Urban Affairs of the Senate a re-
754

S 1173 OPS

1 port describing the results of the study under

2 subparagraph (A).

3 ‘‘(j) FUNDING; ALLOCATION.—

4 ‘‘(1) IN GENERAL.—There is authorized to be ap5 propriated to carry out this section, to remain avail6 able until expended, $250,000,000 for each of fiscal

7 years 1998 through 2003, of which—

8 ‘‘(A) $150,000,000 in each fiscal year shall

9 be used for grants for access to jobs projects; and

10 ‘‘(B) $100,000,000 in each fiscal year shall

11 be used for grants for reverse commute projects.

12 ‘‘(2) ALLOCATION.—The amount made available

13 to carry out this section in each fiscal year shall be

14 allocated as follows:

15 ‘‘(A) 60 percent shall be allocated for eligi16 ble projects in urbanized areas with populations

17 of not less than 200,000.

18 ‘‘(B) 20 percent shall be allocated for eligi19 ble projects in urbanized areas with populations

20 of less than 200,000.

21 ‘‘(C) 20 percent shall be allocated for eligi22 ble projects in areas other than urbanized

23 areas.’’.

24 (2) CONFORMING AMENDMENT.—The analysis for

25 chapter 53 of title 49, United States Code, is amended
755

S 1173 OPS

1 by inserting after the item relating to section 5320 the

2 following:

‘‘5320a. Access to jobs.’’.

3 SEC. 5015. GRANT REQUIREMENTS.

4 Section 5323 of title 49, United States Code, is amend5 ed by adding at the end the following:

6 ‘‘(m) GRANT REQUIREMENTS.—The grant require7 ments under sections 5307 and 5309 apply to any project

8 under this chapter that receives any assistance from an in9 frastructure bank or through other financing under subtitle

10 C of title I of the Intermodal Surface Transportation Effi11 ciency Act of 1998.’’.

12 SEC. 5016. HHS AND PUBLIC TRANSIT SERVICE.

13 Section 5323 of title 49, United States Code, is amend14 ed by adding at the end the following:

15 ‘‘(n) PARTICIPATION OF GOVERNMENTAL AGENCIES IN

16 DESIGN AND DELIVERY OF TRANSPORTATION SERVICES.—

17 To the extent feasible, governmental agencies and nonprofit

18 organizations that receive assistance from Government

19 sources (other than the Department of Transportation) for

20 nonemergency transportation services—

21 ‘‘(1) shall participate and coordinate with re22 cipients of assistance under this chapter in the design

23 and delivery of transportation services; and

24 ‘‘(2) shall be included in the planning for those

25 services.’’.
756

S 1173 OPS

1 SEC. 5017. PROCEEDS FROM THE SALE OF TRANSIT ASSETS.

2 Section 5334(g) of title 49, United States Code, is

3 amended by adding at the end the following:

4 ‘‘(4) Notwithstanding any other provision of law, if

5 a recipient of assistance under this chapter determines that

6 an asset (including real property) acquired with such as7 sistance is no longer needed for the purpose for which it

8 was acquired, the recipient may sell that asset with no fur9 ther obligation to the Government, if the proceeds of the sale

10 are used for the provision of mass transportation services

11 in accordance with this chapter.’’.

12 SEC. 5018. OPERATING ASSISTANCE FOR SMALL TRANSIT

13 AUTHORITIES IN LARGE URBANIZED AREAS.

14 Section 5336(d) of title 49, United States Code, is

15 amended by adding at the end the following:

16 ‘‘(3) In distributing operating assistance under this

17 subsection to urbanized areas with a population of

18 1,000,000 or more under the most recent census, the Sec19 retary shall direct each such area to give priority consider20 ation to the impact of reductions on operating assistance

21 on smaller transit authorities operating within the area

22 and to consider the needs and resources of such transit au23 thorities.’’.
757

S 1173 OPS

1 SEC. 5019. APPORTIONMENT OF APPROPRIATIONS FOR

2 FIXED GUIDEWAY MODERNIZATION.

3 (a) DISTRIBUTION.—Section 5337(a) of title 49,

4 United States Code, is amended to read as follows:

5 ‘‘(a) DISTRIBUTION.—The Secretary of Transportation

6 shall apportion amounts made available for fixed guideway

7 modernization under section 5309 for each of fiscal years

8 1998, 1999, 2000, 2001, 2002, and 2003 as follows:

9 ‘‘(1) The first $497,700,000 shall be apportioned

10 in the following urbanized areas as follows:

11 ‘‘(A) Baltimore, $8,372,000.

12 ‘‘(B) Boston, $38,948,000.

13 ‘‘(C) Chicago/Northwestern Indiana,

14 $78,169,000.

15 ‘‘(D) Cleveland, $9,509,500.

16 ‘‘(E) New Orleans, $1,730,588.

17 ‘‘(F) New York, $176,034,461.

18 ‘‘(G) Northeastern New Jersey, $50,604,653.

19 ‘‘(H) Philadelphia/Southern New Jersey,

20 $58,924,764.

21 ‘‘(I) Pittsburgh, $13,662,463.

22 ‘‘(J) San Francisco, $33,989,571.

23 ‘‘(K) Southwestern Connecticut,

24 $27,755,000.

25 ‘‘(2) The next $70,000,000 shall be apportioned

26 as follows:
758

S 1173 OPS

1 ‘‘(A) 50 percent in the urbanized areas list2 ed in paragraph (1), as provided in section

3 5336(b)(2)(A).

4 ‘‘(B) 50 percent in other urbanized areas el5 igible for assistance under section 5336(b)(2)(A)

6 to which amounts were apportioned under this

7 section for fiscal year 1997, as provided in sec8 tion 5336(b)(2)(A) and subsection (e) of this sec9 tion.

10 ‘‘(3) The next $5,700,000 shall be apportioned in

11 the following urbanized areas as follows:

12 ‘‘(A) Pittsburgh, 61.76 percent.

13 ‘‘(B) Cleveland, 10.73 percent.

14 ‘‘(C) New Orleans, 5.79 percent.

15 ‘‘(D) 21.72 percent in urbanized areas to

16 which paragraph (2)(B) applies, as provided in

17 section 5336(b)(2)(A) and subsection (e) of this

18 section.

19 ‘‘(4) The next $186,600,000 shall be apportioned

20 in each urbanized area to which paragraph (1) ap21 plies and in each urbanized area to which paragraph

22 (2)(B) applies, as provided in section 5336(b)(2)(A)

23 and subsection (e) of this section.

24 ‘‘(5) Remaining amounts shall be apportioned as

25 follows:
759

S 1173 OPS

1 ‘‘(A) 50 percent in the urbanized areas list2 ed in paragraph (1) as provided in section

3 5336(b)(2)(A) and subsection (e) of this section.

4 ‘‘(B) 50 percent to urbanized areas to which

5 paragraph (5)(B) applies, as provided in section

6 5336(b)(2)(A) and subsection (e) of this section.’’.

7 (b) ROUTE SEGMENTS TO BE INCLUDED IN APPOR8 TIONMENT FORMULAS.—Section 5337 of title 49, United

9 States Code, is amended by adding at the end the following:

10 ‘‘(e) ROUTE SEGMENTS TO BE INCLUDED IN APPOR11 TIONMENT FORMULAS.—

12 ‘‘(1) Amounts apportioned under paragraphs

13 (2)(B), (3), and (4) of subsection (a) shall have at14 tributable to each urbanized area only the number of

15 fixed guideway revenue miles of service and number

16 of fixed guideway route miles for segments of fixed

17 guideway systems used to determine apportionments

18 for fiscal year 1997.

19 ‘‘(2) Amounts apportioned under paragraphs (5)

20 through (7) of subsection (a) shall have attributable to

21 each urbanized area only the number of fixed guide22 way revenue miles of service and number of fixed

23 guideway route-miles for segments of fixed guideway

24 systems placed in revenue service not less than 7
760

S 1173 OPS

1 years before the fiscal year in which amounts are

2 made available.’’.

3 SEC. 5020. URBANIZED AREA FORMULA STUDY.

4 (a) STUDY.—The Secretary of Transportation shall

5 conduct a study to determine whether the formula for ap6 portioning funds to urbanized areas under section 5336 of

7 title 49, United States Code accurately reflects the transit

8 needs of the urbanized areas and, if not, whether any

9 changes should be made either to the formula or through

10 some other mechanism to reflect the fact that some urban11 ized areas with a population between 50,000 and 200,000

12 have transit systems that carry more passengers per mile

13 or hour than the average of those transit systems in urban14 ized areas with a population over 200,000.

15 (b) REPORT.—Not later than December 31, 1999, the

16 Secretary of Transportation shall transmit to the Commit17 tee on Transportation and Infrastructure of the House of

18 Representatives and the Committee on Banking, Housing,

19 and Urban Affairs of the Senate a report on the results of

20 the study conducted under this section, together with any

21 proposed changes to the method for apportioning funds to

22 urbanized areas with a population over 50,000.
761

S 1173 OPS

1 SEC. 5021. INTERCITY RAIL INFRASTRUCTURE INVESTMENT

2 FROM MASS TRANSIT ACCOUNT OF HIGHWAY

3 TRUST FUND.

4 Section 5323 of title 49, United States Code, is amend5 ed by adding at the end the following new subsection:

6 ‘‘(o) INTERCITY RAIL INFRASTRUCTURE INVEST7 MENT.—Any assistance provided to a State that does not

8 have Amtrak service as of the date of enactment of this sub9 section from the Mass Transit Account of the Highway

10 Trust Fund may be used for capital improvements to, and

11 operating support for, intercity passenger rail service.’’.

12 SEC. 5022. NEW START RATING AND EVALUATION.

13 (a) CRITERIA FOR GRANTS AND LOANS FOR FIXED

14 GUIDEWAY SYSTEMS.—Section 5309(e) of title 49, United

15 States Code, is amended to read as follows:

16 ‘‘(e) CRITERIA FOR GRANTS AND LOANS FOR FIXED

17 GUIDEWAY SYSTEMS.—

18 ‘‘(1) The Secretary of Transportation may ap19 prove a grant or loan under this section for a capital

20 project for a new fixed guideway system or extension

21 of an existing fixed guideway system only if the Sec22 retary decides that the proposed project is—

23 ‘‘(A) based on the results of an alternatives

24 analysis and preliminary engineering;

25 ‘‘(B) justified based on a comprehensive re26 view of its mobility improvements, environ-
762

S 1173 OPS

1 mental benefits, cost effectiveness, and operating

2 efficiencies; and

3 ‘‘(C) supported by an acceptable degree of

4 local financial commitment, including evidence

5 of stable and dependable financing sources to

6 construct, maintain, and operate the system or

7 extension.

8 ‘‘(2) In evaluating a project under paragraph

9 (1)(A), the Secretary shall analyze and consider the

10 results of the alternatives analysis and preliminary

11 engineering for the project.

12 ‘‘(3) In evaluating a project under paragraph

13 (1)(B), the Secretary shall—

14 ‘‘(A) consider the direct and indirect costs

15 of relevant alternatives;

16 ‘‘(B) account for costs and benefits related

17 to factors such as congestion relief, improved mo18 bility, air pollution, noise pollution, congestion,

19 energy consumption, and all associated ancillary

20 and mitigation costs necessary to carry out each

21 alternative analyzed;

22 ‘‘(C) identify and consider mass transpor23 tation supportive existing land use policies and

24 future patterns, and the cost of urban sprawl;
763

S 1173 OPS

1 ‘‘(D) consider the degree to which the project

2 increases the mobility of the mass transportation

3 dependent population or promotes economic de4 velopment;

5 ‘‘(E) consider population density, and cur6 rent transit ridership in the corridor;

7 ‘‘(F) consider the technical capability of the

8 grant recipient to construct the project;

9 ‘‘(G) adjust the project justification to re10 flect differences in local land, construction, and

11 operating costs; and

12 ‘‘(H) consider other factors the Secretary

13 considers appropriate to carry out this chapter.

14 ‘‘(3)(A) The Secretary of Transportation shall

15 issue guidelines on the manner in which the Secretary

16 will evaluate results of alternatives analysis, project

17 justification, and the degree of local financial com18 mitment.

19 ‘‘(B) The project justification under paragraph

20 (1)(B) shall be adjusted to reflect differences in local

21 land, construction, and operating costs.

22 ‘‘(4)(A) In evaluating a project under paragraph

23 (1)(C), the Secretary shall require that—

24 ‘‘(i) the proposed project plan provides for

25 the availability of contingency amounts the Sec-
764

S 1173 OPS

1 retary of Transportation determines to be rea2 sonable to cover unanticipated cost overruns;

3 ‘‘(ii) each proposed local source of capital

4 and operating financing is stable, reliable, and

5 available within the proposed project timetable;

6 and

7 ‘‘(iii) local resources are available to oper8 ate the overall proposed mass transportation sys9 tem (including essential feeder bus and other

10 services necessary to achieve the projected rider11 ship levels) without requiring a reduction in ex12 isting mass transportation services to operate the

13 proposed project.

14 ‘‘(B) In assessing the stability, reliability, and

15 availability of proposed sources of local financing, the

16 Secretary of Transportation shall consider—

17 ‘‘(i) existing grant commitments;

18 ‘‘(ii) the degree to which financing sources

19 are dedicated to the purposes proposed;

20 ‘‘(iii) any debt obligation that exists or is

21 proposed by the recipient for the proposed project

22 or other mass transportation purpose; and

23 ‘‘(iv) the extent to which the project has a

24 local financial commitment that exceeds the re-
765

S 1173 OPS

1 quired non-Federal share of the cost of the

2 project.

3 ‘‘(5)(A) Not later than 120 days after the date

4 of enactment of the Federal Transit Act of 1998, the

5 Secretary of Transportation shall issue guidelines on

6 the manner in which the Secretary will evaluate and

7 rate the projects based on the results of alternatives

8 analysis, project justification, and the degree of local

9 financial commitment.

10 ‘‘(B) The project justification under paragraph

11 (1)(B) shall be adjusted to reflect differences in local

12 land, construction, and operating costs as required

13 under this subsection.

14 ‘‘(6)(A) A proposed project may advance from

15 alternatives analysis to preliminary engineering, and

16 may advance from preliminary engineering to final

17 design and construction, only if the Secretary of

18 Transportation finds that the project meets the re19 quirements of this section and there is a reasonable

20 likelihood that the project will continue to meet the

21 requirements.

22 ‘‘(B) In making any findings under subpara23 graph (A), the Secretary shall evaluate and rate the

24 project as either highly recommended, recommended,

25 or not recommended, based on the results of alter-
766

S 1173 OPS

1 natives analysis, the project justification criteria, and

2 the degree of local financial commitment as required

3 under this subsection.

4 ‘‘(C) In rating each project, the Secretary shall

5 provide, in addition to the overall project rating, in6 dividual ratings for each criteria established under

7 the guidelines issued under paragraph (5).

8 ‘‘(7)(A) Each project financed under this sub9 section shall be carried out through a full funding

10 grant agreement.

11 ‘‘(B) The Secretary shall enter a full funding

12 grant agreement based on evaluations and ratings re13 quired under this subsection.

14 ‘‘(C) The Secretary shall not enter into a full

15 funding grant agreement for a project unless that

16 project is authorized for final design and construc17 tion.

18 ‘‘(8)(A) A project for a fixed guideway system or

19 extension of an existing fixed guideway system is not

20 subject to the requirements of this subsection, and the

21 simultaneous evaluation of similar projects in at least

22 2 corridors in a metropolitan area may not be lim23 ited, if the assistance provided under this section with

24 respect to the project is less than $25,000,000.
767

S 1173 OPS

1 ‘‘(B) The simultaneous evaluation of projects in

2 at least 2 corridors in a metropolitan area may not

3 be limited and the Secretary of Transportation shall

4 make decisions under this subsection with expedited

5 procedures that will promote carrying out an ap6 proved State Implementation Plan in a timely way

7 if a project is—

8 ‘‘(i) located in a nonattainment area;

9 ‘‘(ii) a transportation control measure (as

10 that term is defined in the Clean Air Act (42

11 U.S.C. 7401 et seq.)); and

12 ‘‘(iii) required to carry out the State Imple13 mentation Plan.

14 ‘‘(C) This subsection does not apply to a part of

15 a project financed completely with amounts made

16 available from the Highway Trust Fund (other than

17 the Mass Transit Account).

18 ‘‘(D) This subsection does not apply to projects

19 for which the Secretary has issued a letter of intent

20 or entered into a full funding grant agreement before

21 the date of enactment of the Federal Transit Act of

22 1998.’’.

23 (b) LETTERS OF INTENT, FULL FINANCING GRANT

24 AGREEMENTS, AND EARLY SYSTEMS WORK AGREE-
768

S 1173 OPS

1 MENTS.—Section 5309(g) of title 49, United States Code,

2 is amended—

3 (1) in the subsection heading, by striking ‘‘FI4 NANCING’’ and inserting ‘‘FUNDING’’;

5 (2) by striking ‘‘full financing’’ each place it ap6 pears and inserting ‘‘full funding’’; and

7 (3) in paragraph (1)(B)—

8 (A) by striking ‘‘30 days’’ and inserting

9 ‘‘60 days’’;

10 (B) by inserting ‘‘or entering into a full

11 funding grant agreement’’ after ‘‘this para12 graph’’; and

13 (C) by striking ‘‘issuance of the letter’’ and

14 inserting ‘‘letter or agreement. The Secretary

15 shall include with the notification a copy of the

16 proposed letter or agreement as well as evalua17 tions and ratings for the project’’.

18 (c) REPORTS.—Section 5309 of title 49, United States

19 Code, is amended by adding at the end the following:

20 ‘‘(p) REPORTS.—

21 ‘‘(1) FUNDING LEVELS AND ALLOCATIONS OF

22 FUNDS FOR FIXED GUIDEWAY SYSTEMS.—

23 ‘‘(A) ANNUAL REPORT.—Not later than the

24 first Monday in February of each year, the Sec25 retary shall submit to the Committee on Trans-
769

S 1173 OPS

1 portation and Infrastructure of the House of

2 Representatives and the Committee on Banking,

3 Housing, and Urban Affairs of the Senate a re4 port that includes a proposal on the allocation of

5 amounts to be made available to finance grants

6 and loans for capital projects for new fixed

7 guideway systems and extensions to existing

8 fixed guideway systems among applicants for

9 those amounts.

10 ‘‘(B) RECOMMENDATIONS ON FUNDING.—

11 Each report submitted under this paragraph

12 shall include—

13 ‘‘(i) evaluations and ratings, as re14 quired under subsection (e), for each project

15 that is authorized or has received funds

16 under this section since the date of enact17 ment of the Federal Transit Act of 1998 or

18 October 1 of the preceding fiscal year,

19 whichever date is earlier; and

20 ‘‘(ii) recommendations of projects for

21 funding, based on the evaluations and rat22 ings and on existing commitments and an23 ticipated funding levels for the next 3 fiscal

24 years and for the next 10 fiscal years, based

25 on information available to the Secretary.
770

S 1173 OPS

1 ‘‘(2) SUPPLEMENTAL REPORT ON NEW STARTS.—

2 On August 30 of each year, the Secretary shall submit

3 a report to Congress that describes the Secretary’s

4 evaluation and rating of each project that has com5 pleted alternatives analysis or preliminary engineer6 ing since the date of the last report. The report shall

7 include all relevant information that supports the

8 evaluation and rating of each project, including a

9 summary of each project’s financial plan.

10 ‘‘(3) ANNUAL GAO REVIEW.—The Comptroller

11 General of the United States shall—

12 ‘‘(A) conduct an annual review of—

13 ‘‘(i) the processes and procedures for

14 evaluating and rating projects and rec15 ommending projects; and

16 ‘‘(ii) the Secretary’s implementation of

17 such processes and procedures; and

18 ‘‘(B) report to Congress on the results of

19 such review not later than April 30 of each

20 year.’’.

21 TITLE VI—REVENUE

22 SEC. 6001. SHORT TITLE; AMENDMENT OF 1986 CODE.

23 (a) SHORT TITLE.—This title may be cited as the

24 ‘‘Intermodal Surface Transportation Revenue Act of 1998’’.
771

S 1173 OPS

1 (b) AMENDMENT OF 1986 CODE.—Except as otherwise

2 expressly provided, whenever in this title an amendment

3 or repeal is expressed in terms of an amendment to, or re4 peal of, a section or other provision, the reference shall be

5 considered to be made to a section or other provision of the

6 Internal Revenue Code of 1986.

7 SEC. 6002. EXTENSION AND MODIFICATION OF HIGHWAY8 RELATED TAXES AND TRUST FUND.

9 (a) EXTENSION OF TAXES AND EXEMPTIONS.—

10 (1) The following provisions are each amended

11 by striking ‘‘1999’’ each place it appears and insert12 ing ‘‘2005’’:

13 (A) Section 4041(a)(1)(C)(iii)(I) (relating

14 to rate of tax on certain buses).

15 (B) Section 4041(a)(2)(B) (relating to rate

16 of tax on special motor fuels), as amended by

17 section 907(a)(1) of the Taxpayer Relief Act of

18 1997.

19 (C) Section 4041(m)(1)(A) (relating to cer20 tain alcohol fuels), as amended by section 907(b)

21 of the Taxpayer Relief Act of 1997.

22 (D) Section 4051(c) (relating to termi23 nation).

24 (E) Section 4071(d) (relating to termi25 nation).
772

S 1173 OPS

1 (F) Section 4081(d)(1) (relating to termi2 nation).

3 (G) Section 4221(a) (relating to certain

4 tax-free sales).

5 (H) Section 4481(e) (relating to period tax

6 in effect).

7 (I) Section 4482(c)(4) (relating to taxable

8 period).

9 (J) Section 4482(d) (relating to special rule

10 for taxable period in which termination date oc11 curs).

12 (K) Section 4483(g) (relating to termi13 nation of exemptions).

14 (L) Section 6156(e)(2) (relating to section

15 inapplicable to certain liabilities).

16 (M) Section 6412(a) (relating to floor stocks

17 refunds).

18 (2) The following provisions are each amended

19 by striking ‘‘2000’’ each place it appears and insert20 ing ‘‘2007’’:

21 (A) Section 4041(b)(2)(C) (relating to ter22 mination).

23 (B) Section 4041(k)(3) (relating to termi24 nation).
773

S 1173 OPS

1 (C) Section 4081(c)(8) (relating to termi2 nation).

3 (D) Section 4091(c)(5) (relating to termi4 nation).

5 (3) Section 6412(a) (relating to floor stocks re6 funds) is amended by striking ‘‘2000’’ each place it

7 appears and inserting ‘‘2006’’.

8 (4) Section 6427(f)(4) (relating to termination)

9 is amended by striking ‘‘1999’’ and inserting ‘‘2007’’.

10 (5) Section 40(e)(1) (relating to termination) is

11 amended—

12 (A) by striking ‘‘December 31, 2000’’ and

13 inserting ‘‘December 31, 2007’’, and

14 (B) by striking subparagraph (B) and in15 serting the following:

16 ‘‘(B) of any fuel for any period before Janu17 ary 1, 2008, during which the rate of tax under

18 section 4081(a)(2)(A) is 4.3 cents per gallon.’’.

19 (6) Headings 9901.00.50 and 9901.00.52 of the

20 Harmonized Tariff Schedule of the United States (19

21 U.S.C. 3007) are amended in the effective period col22 umn by striking ‘‘10/1/2000’’ each place it appears

23 and inserting ‘‘10/1/2007’’.

24 (b) EXTENSION AND MODIFICATION OF HIGHWAY

25 TRUST FUND.—
774

S 1173 OPS

1 (1) EXTENSION.—Section 9503 (relating to

2 Highway Trust Fund) is amended—

3 (A) in subsection (b)—

4 (i) in paragraph (1), as amended by

5 section 1032(e)(13) of the Taxpayer Relief

6 Act of 1997—

7 (I) by striking ‘‘1999’’ and insert8 ing ‘‘2005’’,

9 (II) by striking subparagraph (C),

10 (III) in subparagraph (D), by

11 striking ‘‘and tread rubber’’, and

12 (IV) by redesignating subpara13 graphs (D), (E), and (F) as subpara14 graphs (C), (D), and (E), respectively,

15 (ii) in paragraph (2), by striking

16 ‘‘1999’’ each place it appears and inserting

17 ‘‘2005’’ and by striking ‘‘2000’’ and insert18 ing ‘‘2006’’,

19 (iii) in the heading of paragraph (2),

20 by striking ‘‘OCTOBER 1, 1999’’ and inserting

21 ‘‘OCTOBER 1, 2005’’, and

22 (iv) in subparagraphs (E) and (F) of

23 paragraph (4), as amended by section

24 901(a) of the Taxpayer Relief Act of 1997,
775

S 1173 OPS

1 by striking ‘‘1999’’ and inserting ‘‘2005’’,

2 and

3 (B) in subsection (c), as amended by section

4 9(a)(1) of the Surface Transportation Extension

5 Act of 1997—

6 (i) in paragraph (1)—

7 (I) by striking ‘‘1998’’ and insert8 ing ‘‘2003’’,

9 (II) in subparagraph (C), by

10 striking ‘‘or’’ at the end,

11 (III) in subparagraph (D), by

12 striking ‘‘1991.’’ and inserting ‘‘1991,

13 or’’,

14 (IV) by inserting after subpara15 graph (D) the following:

16 ‘‘(E) authorized to be paid out of the High17 way Trust Fund under the Intermodal Surface

18 Transportation Efficiency Act of 1998.’’, and

19 (V) by striking the last sentence

20 and inserting the following:

21 ‘‘In determining the authorizations under the Acts re22 ferred to in the preceding subparagraphs, such Acts

23 shall be applied as in effect on the date of the enact24 ment of the Intermodal Surface Transportation Effi25 ciency Act of 1998.’’,
776

S 1173 OPS

1 (ii) in paragraph (2)(A)(i)—

2 (I) by striking ‘‘2000’’ and insert3 ing ‘‘2006’’,

4 (II) in subclause (II), by adding

5 ‘‘and’’ at the end,

6 (III) in subclause (IV), by strik7 ing ‘‘1999’’ and inserting ‘‘2005’’, and

8 (IV) by striking subclause (III)

9 and redesignating subclause (IV) as

10 subclause (III),

11 (iii) in paragraph (2)(A), by striking

12 clause (ii) and inserting the following:

13 ‘‘(ii) the credits allowed under section

14 34 (relating to credit for certain uses of

15 fuel) with respect to fuel used before October

16 1, 2005.’’,

17 (iv) in paragraph (3)—

18 (I) by striking ‘‘July 1, 2000’’

19 and inserting ‘‘July 1, 2006’’, and

20 (II) by striking the heading and

21 inserting ‘‘FLOOR STOCKS REFUNDS’’,

22 (v) in paragraph (4)(A)—

23 (I) in clause (i), by striking

24 ‘‘1998’’ and inserting ‘‘2003’’, and
777

S 1173 OPS

1 (II) in clause (ii), by adding at

2 the end the following new flush sen3 tence:

4 ‘‘In making the determination under sub5 clause (II) for any fiscal year, the Secretary

6 shall not take into account any amount ap7 propriated from the Boat Safety Account in

8 any preceding fiscal year but not distrib9 uted.’’, and

10 (vi) in paragraph (5)(A), by striking

11 ‘‘1998’’ and inserting ‘‘2003’’.

12 (2) LIMITATION ON EXPENDITURES.—

13 (A) IN GENERAL.—Section 9503(c) (relating

14 to expenditures from Highway Trust Fund), as

15 amended by subsection (d)(2)(A), is amended by

16 inserting after paragraph (5) the following:

17 ‘‘(6) LIMITATION ON EXPENDITURES FROM HIGH18 WAY TRUST FUND.—

19 ‘‘(A) IN GENERAL.—Except as provided in

20 subparagraph (B), no expenditure shall be made

21 from the Highway Trust Fund unless such ex22 penditure is permitted under a provision of this

23 title. The determination of whether an expendi24 ture is so permitted shall be made without re25 gard to—
778

S 1173 OPS

1 ‘‘(i) any provision of law which is not

2 contained or referenced in this title and

3 which is not contained or referenced in a

4 revenue Act, and

5 ‘‘(ii) whether such provision of law is

6 a subsequently enacted provision or directly

7 or indirectly seeks to waive the application

8 of this paragraph.

9 ‘‘(B) EXCEPTION FOR PRIOR OBLIGA10 TIONS.—Subparagraph (A) shall not apply to

11 any expenditure to liquidate any contract en12 tered into, or for any amount otherwise obli13 gated, in accordance with the provisions of this

14 section before October 1, 2003.’’.

15 (B) TRANSFER OF TAXES TO TRUST FUND

16 TERMINATED IF EXPENDITURE LIMITATION VIO17 LATED.—Section 9503(b)(4) (relating to certain

18 taxes not transferred to Highway Trust Fund),

19 as amended by subsection (b)(1)(A)(iv), is

20 amended—

21 (i) in subparagraph (E), by striking

22 ‘‘or’’ at the end,

23 (ii) in subparagraph (F), by striking

24 the period at the end and inserting ‘‘, or’’,

25 and
779

S 1173 OPS

1 (iii) by adding at the end the follow2 ing:

3 ‘‘(G) any provision described in paragraph

4 (1) on and after the date of any expenditure not

5 permitted by subsection (c)(6).’’.

6 (c) MODIFICATION OF SUBSIDIES FOR ALCOHOL

7 FUELS.—

8 (1) IN GENERAL.—Subsection (h) of section 40

9 (relating to alcohol used as fuel) is amended to read

10 as follows:

11 ‘‘(h) REDUCED CREDIT FOR ETHANOL BLENDERS.—

12 ‘‘(1) IN GENERAL.—In the case of any alcohol

13 mixture credit or alcohol credit with respect to any

14 sale or use of alcohol which is ethanol during cal15 endar years 2001 through 2007—

16 ‘‘(A) subsections (b)(1)(A) and (b)(2)(A)

17 shall be applied by substituting ‘the blender

18 amount’ for ‘60 cents’,

19 ‘‘(B) subsection (b)(3) shall be applied by

20 substituting ‘the low-proof blender amount’ for

21 ‘45 cents’ and ‘the blender amount’ for ‘60 cents’,

22 and

23 ‘‘(C) subparagraphs (A) and (B) of sub24 section (d)(3) shall be applied by substituting
780

S 1173 OPS

1 ‘the blender amount’ for ‘60 cents’ and ‘the low2 proof blender amount’ for ‘45 cents’.

3 ‘‘(2) AMOUNTS.—For purposes of paragraph (1),

4 the blender amount and the low-proof blender amount

5 shall be determined in accordance with the following

6 table:

In the case of any sale or

use during calendar year:

The blender amount

is:

The low-proof 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.’’.

7 (2) CONFORMING AMENDMENTS.—

8 (A) Section 4041(b)(2) is amended—

9 (i) in subparagraph (A)(i), by striking

10 ‘‘5.4 cents’’ and inserting ‘‘the applicable

11 blender rate’’, and

12 (ii) by redesignating subparagraph

13 (C), as amended by subsection (a)(2)(A), as

14 subparagraph (D) and by inserting after

15 subparagraph (B) the following:

16 ‘‘(C) APPLICABLE BLENDER RATE.—For

17 purposes of subparagraph (A)(i), the applicable

18 blender rate is—

19 ‘‘(i) except as provided in clause (ii),

20 5.4 cents, and

21 ‘‘(ii) for sales or uses during calendar

years 2001 through 2007, 1 22 ⁄10 of the blender

23 amount applicable under section 40(h)(2)
781

S 1173 OPS

1 for the calendar year in which the sale or

2 use occurs.’’.

3 (B) Subparagraph (A) of section 4081(c)(4)

4 is amended to read as follows:

5 ‘‘(A) GENERAL RULES.—

6 ‘‘(i) MIXTURES CONTAINING ETHA7 NOL.—Except as provided in clause (ii), in

8 the case of a qualified alcohol mixture

9 which contains gasoline, the alcohol mixture

10 rate is the excess of the rate which would

11 (but for this paragraph) be determined

12 under subsection (a) over—

13 ‘‘(I) in the case of 10 percent gas14 ohol, the applicable blender rate (as de15 fined in section 4041(b)(2)(A)) per gal16 lon,

17 ‘‘(II) in the case of 7.7 percent

18 gasohol, the number of cents per gallon

19 equal to 77 percent of such applicable

20 blender rate, and

21 ‘‘(III) in the case of 5.7 percent

22 gasohol, the number of cents per gallon

23 equal to 57 percent of such applicable

24 blender rate.
782

S 1173 OPS

1 ‘‘(ii) MIXTURES NOT CONTAINING ETH2 ANOL.—In the case of a qualified alcohol

3 mixture which contains gasoline and none

4 of the alcohol in which consists of ethanol,

5 the alcohol mixture rate is the excess of the

6 rate which would (but for this paragraph)

7 be determined under subsection (a) over—

8 ‘‘(I) in the case of 10 percent gas9 ohol, 6 cents per gallon,

10 ‘‘(II) in the case of 7.7 percent

11 gasohol, 4.62 cents per gallon, and

12 ‘‘(III) in the case of 5.7 percent

13 gasohol, 3.42 cents per gallon.’’.

14 (C) Section 4081(c)(5) is amended by strik15 ing ‘‘5.4 cents’’ and inserting ‘‘the applicable

16 blender rate (as defined in section

17 4041(b)(2)(C))’’.

18 (D) Section 4091(c)(1) is amended by strik19 ing ‘‘13.4 cents’’ each place it appears and in20 serting ‘‘the applicable blender amount’’ and by

21 adding at the end the following: ‘‘For purposes

22 of this paragraph, the term ‘applicable blender

23 amount’ means 13.3 cents in the case of any sale

24 or use during 2001 or 2002, 13.2 cents in the

25 case of any sale or use during 2003 or 2004, 13.1
783

S 1173 OPS

1 cents in the case of any sale or use during 2005,

2 2006, or 2007, and 13.4 cents in the case of any

3 sale or use during 2008 or thereafter.’’.

4 (3) EFFECTIVE DATE.—The amendments made

5 by this subsection shall take effect on January 1,

6 2001.

7 (d) ELIMINATION OF NATIONAL RECREATIONAL

8 TRAILS TRUST FUND.—

9 (1) IN GENERAL.—Section 9511 (relating to Na10 tional Recreational Trails Trust Fund) is repealed.

11 (2) CONFORMING AMENDMENTS.—

12 (A) Section 9503(c) is amended by striking

13 paragraph (6).

14 (B) The table of sections for subchapter A of

15 chapter 98 is amended by striking the item relat16 ing to section 9511.

17 (e) AQUATIC RESOURCES TRUST FUND.—

18 (1) EXTENSION.—Section 9504(c) (relating to

19 expenditures from Boat Safety Account), as amended

20 by section 9(b) of the Surface Transportation Exten21 sion Act of 1997, is amended—

22 (A) by striking ‘‘1998’’ and inserting

23 ‘‘2004’’, and
784

S 1173 OPS

1 (B) by striking ‘‘1988’’ and inserting ‘‘the

2 date of the enactment of the Intermodal Surface

3 Transportation Efficiency Act of 1998’’.

4 (2) LIMITATION ON EXPENDITURES.—Section

5 9504 (relating to Aquatic Resources Trust Fund) is

6 amended by redesignating subsection (d) as subsection

7 (e) and by inserting after subsection (c) the following:

8 ‘‘(d) LIMITATION ON EXPENDITURES FROM TRUST

9 FUND.—

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), no expenditure shall be made from the

12 Aquatics Resources Trust Fund unless such expendi13 ture is permitted under a provision of this title. The

14 determination of whether an expenditure is so per15 mitted shall be made without regard to—

16 ‘‘(A) any provision of law which is not con17 tained or referenced in this title and which is

18 not contained or referenced in a revenue Act,

19 and

20 ‘‘(B) whether such provision of law is a sub21 sequently enacted provision or directly or indi22 rectly seeks to waive the application of this sub23 section.

24 ‘‘(2) EXCEPTION FOR PRIOR OBLIGATIONS FROM

25 THE BOAT SAFETY ACCOUNT.—Paragraph (1) shall
785

S 1173 OPS

1 not apply to any expenditure to liquidate any con2 tract entered into, or for any amount otherwise obli3 gated, in accordance with the provisions of subsection

4 (c) before April 1, 2004.

5 ‘‘(3) TRANSFER OF TAXES TO TRUST FUND TER6 MINATED IF EXPENDITURE LIMITATION VIOLATED.—

7 For purposes of the second sentence of subsection

8 (a)(2), there shall not be taken into account any

9 amount described in subsection (b)(1), section

10 9503(c)(4), or section 9503(c)(5)(A) on and after the

11 date of any expenditure not permitted by paragraph

12 (1).’’.

13 (3) CONFORMING AMENDMENTS.—Section

14 9504(b)(2) is amended—

15 (A) in subparagraph (A), by striking ‘‘Octo16 ber 1, 1988’’ and inserting ‘‘the date of the en17 actment of the Intermodal Surface Transpor18 tation Efficiency Act of 1998’’, and

19 (B) in subparagraph (B), by striking ‘‘No20 vember 29, 1990’’ and inserting ‘‘the date of the

21 enactment of the Intermodal Surface Transpor22 tation Efficiency Act of 1998’’.

23 SEC. 6003. MASS TRANSIT ACCOUNT.

24 (a) IN GENERAL.—Section 9503(e)(3) (relating to ex25 penditures from Account), as amended by section 9(a)(2)
786

S 1173 OPS

1 of the Surface Transportation Extension Act of 1997, is

2 amended—

3 (1) by striking ‘‘1998’’ and inserting ‘‘2003’’,

4 (2) in subparagraph (A), by striking ‘‘or’’ at the

5 end,

6 (3) in subparagraph (B), by adding ‘‘or’’ at the

7 end, and

8 (4) by striking all that follows subparagraph (B)

9 and inserting:

10 ‘‘(C) the Intermodal Surface Transportation

11 Efficiency Act of 1998,

12 as such sections and Acts are in effect on the date of

13 the enactment of the Intermodal Surface Transpor14 tation Efficiency Act of 1998.’’.

15 (b) CONFORMING AMENDMENT.—Paragraph (4) of sec16 tion 9503(e) is amended to read as follows:

17 ‘‘(4) LIMITATION.—Rules similar to the

18 rules of subsection (d) shall apply to the Mass

19 Transit Account.’’.

20 (c) TECHNICAL CORRECTION.—

21 (1) IN GENERAL.—Section 9503(e)(2) is amend22 ed by striking the last sentence and inserting the fol23 lowing: ‘‘For purposes of the preceding sentence, the

24 term ‘mass transit portion’ means, for any fuel with

25 respect to which tax was imposed under section 4041
787

S 1173 OPS

1 or 4081 and otherwise deposited into the Highway

2 Trust Fund, the amount determined at the rate of—

3 ‘‘(A) except as otherwise provided in this

4 sentence, 2.86 cents per gallon,

5 ‘‘(B) 1.43 cents per gallon in the case of

6 any partially exempt methanol or ethanol fuel

7 (as defined in section 4041(m)) none of the alco8 hol in which consists of ethanol,

9 ‘‘(C) 1.86 cents per gallon in the case of liq10 uefied natural gas,

11 ‘‘(D) 2.13 cents per gallon in the case of liq12 uefied petroleum gas, and

13 ‘‘(E) 9.71 cents per MCF (determined at

14 standard temperature and pressure) in the case

15 of compressed natural gas.’’.

16 (2) EFFECTIVE DATE.—The amendment made by

17 paragraph (1) shall take effect as if included in the

18 amendment made by section 901(b) of the Taxpayer

19 Relief Act of 1997.

20 SEC. 6004. TAX-EXEMPT FINANCING OF QUALIFIED HIGH21 WAY INFRASTRUCTURE CONSTRUCTION.

22 (a) TREATMENT AS EXEMPT FACILITY BOND.—A bond

23 described in subsection (b) shall be treated as described in

24 section 141(e)(1)(A) of the Internal Revenue Code of 1986,

25 except that—
788

S 1173 OPS

1 (1) section 146 of such Code shall not apply to

2 such bond, and

3 (2) section 147(c)(1) of such Code shall be ap4 plied by substituting ‘‘any portion of’’ for ‘‘25 percent

5 or more’’.

6 (b) BOND DESCRIBED.—

7 (1) IN GENERAL.—A bond is described in this

8 subsection if such bond is issued after the date of the

9 enactment of this Act as part of an issue—

10 (A) 95 percent or more of the net proceeds

11 of which are to be used to provide a qualified

12 highway infrastructure project, and

13 (B) to which there has been allocated a por14 tion of the allocation to the project under para15 graph (2)(C)(ii) which is equal to the aggregate

16 face amount of bonds to be issued as part of such

17 issue.

18 (2) QUALIFIED HIGHWAY INFRASTRUCTURE

19 PROJECTS.—

20 (A) IN GENERAL.—For purposes of para21 graph (1), the term ‘‘qualified highway infra22 structure project’’ means a project—

23 (i) for the construction or reconstruc24 tion of a highway, and
789

S 1173 OPS

1 (ii) designated under subparagraph

2 (B) as an eligible pilot project.

3 (B) ELIGIBLE PILOT PROJECT.—

4 (i) IN GENERAL.—The Secretary of

5 Transportation, in consultation with the

6 Secretary of the Treasury, shall select not

7 more than 15 highway infrastructure

8 projects to be pilot projects eligible for tax9 exempt financing.

10 (ii) ELIGIBILITY CRITERIA.—In deter11 mining the criteria necessary for the eligi12 bility of pilot projects, the Secretary of

13 Transportation shall include the following:

14 (I) The project must serve the gen15 eral public.

16 (II) The project is necessary to

17 evaluate the potential of the private

18 sector’s participation in the provision

19 of the highway infrastructure of the

20 United States.

21 (III) The project must be located

22 on publicly-owned rights-of-way.

23 (IV) The project must be publicly

24 owned or the ownership of the highway
790

S 1173 OPS

1 constructed or reconstructed under the

2 project must revert to the public.

3 (V) The project must be consistent

4 with a transportation plan developed

5 pursuant to section 134(g) or 135(e) of

6 title 23, United States Code.

7 (C) AGGREGATE FACE AMOUNT OF TAX-EX8 EMPT FINANCING.—

9 (i) IN GENERAL.—The aggregate face

10 amount of bonds issued pursuant to this

11 section shall not exceed $15,000,000,000, de12 termined without regard to any bond the

13 proceeds of which are used exclusively to re14 fund (other than to advance refund) a bond

15 issued pursuant to this section (or a bond

16 which is a part of a series of refundings of

17 a bond so issued) if the amount of the re18 funding bond does not exceed the outstand19 ing amount of the refunded bond.

20 (ii) ALLOCATION.—The Secretary of

21 Transportation, in consultation with the

22 Secretary of the Treasury, shall allocate the

23 amount described in clause (i) among the

24 eligible pilot projects designated under sub25 paragraph (B).
791

S 1173 OPS

1 (iii) REALLOCATION.—If any portion

2 of an allocation under clause (ii) is unused

3 on the date which is 3 years after such allo4 cation, the Secretary of Transportation, in

5 consultation with the Secretary of the

6 Treasury, may reallocate such portion

7 among the remaining eligible pilot projects.

8 (c) REPORT.—

9 (1) IN GENERAL.—Not later than the earlier of—

(A) 1 year after either 1 10 ⁄2 of the projects au11 thorized under this section have been identified

or 1 12 ⁄2 of the total bonds allowable for the projects

13 under this section have been issued, or

14 (B) 7 years after the date of the enactment

15 of this Act,

16 the Secretary of Transportation, in consultation with

17 the Secretary of the Treasury, shall submit the report

18 described in paragraph (2) to the Committees on Fi19 nance and on Environment and Public Works of the

20 Senate and the Committees on Ways and Means and

21 on Transportation and Infrastructure of the House of

22 Representatives.

23 (2) CONTENTS.—The report under paragraph (1)

24 shall evaluate the overall success of the program con25 ducted pursuant to this section, including—
792

S 1173 OPS

1 (A) a description of each project under the

2 program,

3 (B) the extent to which the projects used

4 new technologies, construction techniques, or in5 novative cost controls that resulted in savings in

6 building the project, and

7 (C) the use and efficiency of the Federal tax

8 subsidy provided by the bond financing.

9 SEC. 6005. REPEAL OF 1.25 CENT TAX RATE ON RAIL DIESEL

10 FUEL.

11 (a) IN GENERAL.—Section 4041(a)(1)(C)(ii) (relating

12 to rate of tax on trains) is amended—

13 (1) in subclause (II), by striking ‘‘October 1,

14 1999’’ and inserting ‘‘March 1, 1999’’, and

15 (2) in subclause (III), by striking ‘‘September

16 30, 1999’’ and inserting ‘‘February 28, 1999’’.

17 (b) CONFORMING AMENDMENTS.—

18 (1) Section 6421(f)(3)(B) is amended—

19 (A) in clause (ii), by striking ‘‘October 1,

20 1999’’ and inserting ‘‘March 1, 1999’’, and

21 (B) in clause (iii), by striking ‘‘September

22 30, 1999’’ and inserting ‘‘February 28, 1999’’.

23 (2) Section 6427(l)(3)(B) is amended—

24 (A) in clause (ii), by striking ‘‘October 1,

25 1999’’ and inserting ‘‘March 1, 1999’’, and
793

S 1173 OPS

1 (B) in clause (iii), by striking ‘‘September

2 30, 1999’’ and inserting ‘‘February 28, 1999’’.

3 SEC. 6006. ELECTION TO RECEIVE TAXABLE CASH COM4 PENSATION IN LIEU OF NONTAXABLE QUALI5 FIED TRANSPORTATION FRINGE BENEFITS.

6 (a) NO CONSTRUCTIVE RECEIPT.—

7 (1) IN GENERAL.— Paragraph (4) of section

8 132(f) (relating to qualified transportation fringe) is

9 amended to read as follows:

10 ‘‘(4) NO CONSTRUCTIVE RECEIPT.—No amount

11 shall be included in the gross income of an employee

12 solely because the employee may choose between any

13 qualified transportation fringe and compensation

14 which would otherwise be includible in gross income

15 of such employee.’’.

16 (2) EFFECTIVE DATE.—The amendment made by

17 this subsection shall apply to taxable years beginning

18 after December 31, 1997.

19 (b) INCREASE IN MAXIMUM EXCLUSION FOR EM20 PLOYER-PROVIDED TRANSIT PASSES.—

21 (1) IN GENERAL.—Subparagraph (A) of section

22 132(f)(2) (relating to limitation on exclusion) is

23 amended by striking ‘‘$60’’ and inserting ‘‘$100’’.
794

S 1173 OPS

1 (2) EFFECTIVE DATE.—The amendment made by

2 this subsection shall apply to taxable years beginning

3 after December 31, 2001.

4 (c) NO INFLATION ADJUSTMENT FOR 1999.—

5 (1) IN GENERAL.—Paragraph (6) of section

6 132(f) (relating to qualified transportation fringe) is

7 amended to read as follows:

8 ‘‘(6) INFLATION ADJUSTMENT.—In the case of

9 any taxable year beginning in a calendar year after

10 1999, the dollar amounts contained in subparagraphs

11 (A) and (B) of paragraph (2) shall be increased by

12 an amount equal to—

13 ‘‘(A) such dollar amount, multiplied by

14 ‘‘(B) the cost-of-living adjustment deter15 mined under section 1(f)(3) for the calendar year

16 in which the taxable year begins, by substituting

17 ‘calendar year 1998’ for ‘calendar year 1992’.

18 If any increase determined under the preceding sen19 tence is not a multiple of $5, such increase shall be

20 rounded to the next lowest multiple of $5.’’.

21 (2) CONFORMING AMENDMENT.—Section

22 132(f)(2)(B) is amended by striking ‘‘$155’’ and in23 serting ‘‘$175’’.
795

S 1173 OPS

1 (3) EFFECTIVE DATE.—The amendments made

2 by this subsection shall apply to taxable years begin3 ning after December 31, 1998.

4 (d) CONFORMING INFLATION ADJUSTMENT.—

5 (1) IN GENERAL.—Paragraph (6) of section

6 132(f) (relating to qualified transportation fringe) is

7 amended to read as follows:

8 ‘‘(6) INFLATION ADJUSTMENT.—

9 ‘‘(A) ADJUSTMENT TO QUALIFIED PARKING

10 LIMITATION.—In the case of any taxable year be11 ginning in a calendar year after 1999, the dollar

12 amount contained in paragraph (2)(B) shall be

13 increased by an amount equal to—

14 ‘‘(i) such dollar amount, multiplied by

15 ‘‘(ii) the cost-of-living adjustment de16 termined under section 1(f)(3) for the cal17 endar year in which the taxable year be18 gins, by substituting ‘calendar year 1998’

19 for ‘calendar year 1992’.

20 ‘‘(B) ADJUSTMENT TO OTHER QUALIFIED

21 TRANSPORTATION FRINGES LIMITATION.—In the

22 case of any taxable year beginning in a calendar

23 year after 2002, the dollar amount contained in

24 paragraph (2)(A) shall be increased by an

25 amount equal to—
796

S 1173 OPS

1 ‘‘(i) such dollar amount, multiplied by

2 ‘‘(ii) the cost-of-living adjustment de3 termined under section 1(f)(3) for the cal4 endar year in which the taxable year be5 gins, by substituting ‘calendar year 2001’

6 for ‘calendar year 1992’.

7 ‘‘(c) ROUNDING.—If any increase deter8 mined under subparagraph (A) or (B) is not a

9 multiple of $5, such increase shall be rounded to

10 the next lowest multiple of $5.’’.

11 (2) EFFECTIVE DATE.—The amendment made

12 by this subsection shall apply to taxable years begin13 ning after December 31, 2002.

14 SEC. 6007. TAX TREATMENT OF CERTAIN FEDERAL PARTICI15 PATION PAYMENTS.

16 For purposes of the Internal Revenue Code of 1986,

17 with respect to any Federal participation payment to a tax18 payer in any taxable year made under section 149(e) of

19 title 23, United States Code, as added by section 1502, to

20 the extent such payment is not subject to tax under such

21 Code for the taxable year—

22 (1) no credit or deduction (other than a deduc23 tion with respect to any interest on a loan) shall be

24 allowed to the taxpayer with respect to any property
797

S 1173 OPS

1 placed in service or other expenditure that is directly

2 or indirectly attributable to the payment, and

3 (2) the basis of any such property shall be re4 duced by the portion of the cost of the property that

5 is attributable to the payment.

6 SEC. 6008. DELAY IN EFFECTIVE DATE OF NEW REQUIRE7 MENT FOR APPROVED DIESEL OR KEROSENE

8 TERMINALS.

9 Subsection (f) of section 1032 of the Taxpayer Relief

10 Act of 1997 is amended to read as follows:

11 ‘‘(f) EFFECTIVE DATES.—

12 ‘‘(1) Except as provided in paragraph (2), the

13 amendments made by this section shall take effect on

14 July 1, 1998.

15 ‘‘(2) The amendment made by subsection (d)

16 shall take effect on July 1, 2000.’’.

17 SEC. 6009. REPEAL OF CERTAIN LIMITATION ON EXPENDI18 TURES.

19 (a) IN GENERAL.—Section 9503(c) of the Internal

20 Revenue Code of 1986 (relating to expenditures from High21 way Trust Fund) is amended by striking paragraph (7).

22 (b) EFFECTIVE DATE.—The amendment made by this

23 section takes effect as if included in the enactment of section

24 901 of the Taxpayer Relief Act of 1997.
Calendar No. 188

105TH CONGRESS

1ST SESSION S. 1173

[Report No. 105–95]

A BILL

To authorize funds for construction of highways,

sit programs, and for other purposes.for highway safety programs, and for mass tranMARCH 16, 1998

Ordered to be printed as amended
S 1173 OPS——15

S 1173 OPS——14S 1173 OPS——13S 1173 OPS——12S 1173 OPS——11S 1173 OPS——10S 1173 OPS——9S 1173 OPS——8S 1173 OPS——7S 1173 OPS——6S 1173 OPS——5S 1173 OPS——4S 1173 OPS——3S 1173 OPS——2
S 1173 OPS——29

S 1173 OPS——28S 1173 OPS——27S 1173 OPS——26S 1173 OPS——25S 1173 OPS——24S 1173 OPS——23S 1173 OPS——22S 1173 OPS——21S 1173 OPS——20S 1173 OPS——19S 1173 OPS——18S 1173 OPS——17S 1173 OPS——16
S 1173 OPS——43

S 1173 OPS——42S 1173 OPS——41S 1173 OPS——40S 1173 OPS——39S 1173 OPS——38S 1173 OPS——37S 1173 OPS——36S 1173 OPS——35S 1173 OPS——34S 1173 OPS——33S 1173 OPS——32S 1173 OPS——31S 1173 OPS——30
S 1173 OPS——57

S 1173 OPS——56S 1173 OPS——55S 1173 OPS——54S 1173 OPS——53S 1173 OPS——52S 1173 OPS——51S 1173 OPS——50S 1173 OPS——49S 1173 OPS——48S 1173 OPS——47S 1173 OPS——46S 1173 OPS——45S 1173 OPS——44
S 1173 OPS——60

S 1173 OPS——59S 1173 OPS——58