II

105TH CONGRESS

1ST SESSION S. 1173

To authorize funds for construction of highways, for highway safety programs,

and for mass transit programs, and for other purposes.

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, and Mr. JOHNSON) introduced the following bill; which was

read twice and referred to the Committee on Environment and Public

Works

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,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Intermodal Transportation Act of 1997’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.
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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.

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.

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.

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.

CHAPTER 3—ELIGIBILITY AND FLEXIBILITY

Sec. 1231. Definition of operational improvement.

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

Sec. 1314. Determination of eligibility and project selection.

Sec. 1315. Secured loans.

Sec. 1316. Lines of credit.

Sec. 1317. Project servicing.

Sec. 1318. Office of Infrastructure Finance.

Sec. 1319. State and local permits.

Sec. 1320. Regulations.

Sec. 1321. Funding.

Sec. 1322. Report to Congress.

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.

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.
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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.

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. Joint partnerships for advanced vehicles, components, and infrastructure program.

Sec. 2017. Conforming amendments.

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.

1 SEC. 2. DEFINITION.

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Transportation.

4 TITLE I—SURFACE

5 TRANSPORTATION

6 SEC. 1001. SHORT TITLE.

7 This title may be cited as the ‘‘Surface Transpor8 tation Act of 1997’’.
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1 Subtitle A—General Provisions

2 SEC. 1101. AUTHORIZATIONS.

3 For the purpose of carrying out title 23, United

4 States Code, the following sums shall be available from

5 the Highway Trust Fund (other than the Mass Transit

6 Account):

7 (1) INTERSTATE AND NATIONAL HIGHWAY SYS8 TEM PROGRAM.—For the Interstate and National

9 Highway System program under section 103 of that

10 title $11,979,000,000 for fiscal year 1998,

11 $11,808,000,000 for fiscal year 1999,

12 $11,819,000,000 for fiscal year 2000,

13 $11,916,000,000 for fiscal year 2001,

14 $12,242,000,000 for fiscal year 2002, and

15 $12,776,000,000 for fiscal year 2003, of which—

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

17 $4,609,000,000 for fiscal year 1999,

18 $4,637,000,000 for fiscal year 2000,

19 $4,674,000,000 for fiscal year 2001,

20 $4,773,000,000 for fiscal year 2002, and

21 $4,918,000,000 for fiscal year 2003 shall be

22 used for the Interstate maintenance component;

23 and

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

25 $1,403,000,000 for fiscal year 1999,
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1 $1,411,000,000 for fiscal year 2000,

2 $1,423,000,000 for fiscal year 2001,

3 $1,453,000,000 for fiscal year 2002, and

4 $1,497,000,000 for fiscal year 2003 shall be

5 used for the Interstate bridge component.

6 (2) SURFACE TRANSPORTATION PROGRAM.—

7 For the surface transportation program under sec8 tion 133 of that title $7,000,000,000 for fiscal year

9 1998, $7,014,000,000 for fiscal year 1999,

10 $7,056,000,000 for fiscal year 2000,

11 $7,113,000,000 for fiscal year 2001,

12 $7,263,000,000 for fiscal year 2002, and

13 $7,484,000,000 for fiscal year 2003.

14 (3) CONGESTION MITIGATION AND AIR QUALITY

15 IMPROVEMENT PROGRAM.—For the congestion miti16 gation and air quality improvement program under

17 section 149 of that title $1,150,000,000 for fiscal

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

19 $1,159,000,000 for fiscal year 2000,

20 $1,169,000,000 for fiscal year 2001,

21 $1,193,000,000 for fiscal year 2002, and

22 $1,230,000,000 for fiscal year 2003.

23 (4) FEDERAL LANDS HIGHWAYS PROGRAM.—

24 (A) INDIAN RESERVATION ROADS.—For

25 Indian reservation roads under section 204 of
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1 that title $200,000,000 for each of fiscal years

2 1998 through 2003.

3 (B) PARKWAYS AND PARK ROADS.—For

4 parkways and park roads under section 204 of

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

6 1998 through 2003.

7 (C) PUBLIC LANDS HIGHWAYS.—For pub8 lic lands highways under section 204 of that

9 title $172,000,000 for each of fiscal years 1998

10 through 2003.

11 (D) COOPERATIVE FEDERAL LANDS

12 TRANSPORTATION PROGRAM.—For the Coopera13 tive Federal Lands Transportation Program

14 under section 207 of that title $74,000,000 for

15 each of fiscal years 1998 through 2003.

16 SEC. 1102. APPORTIONMENTS.

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

18 States Code, is amended by striking subsection (b) and

19 inserting the following:

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

21 year, the Secretary, after making the deduction authorized

22 by subsection (a) and the set-asides authorized by sub23 section (f), shall apportion the remainder of the sums au24 thorized to be appropriated for expenditure on the Na25 tional Highway System, the congestion mitigation and air
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1 quality improvement program, and the surface transpor2 tation program, for that fiscal year, among the States in

3 the following manner:

4 ‘‘(1) INTERSTATE AND NATIONAL HIGHWAY

5 SYSTEM PROGRAM.—

6 ‘‘(A) INTERSTATE MAINTENANCE COMPO7 NENT.—For resurfacing, restoring, rehabilitat8 ing, and reconstructing the Interstate System—

9 ‘‘(i) 50 percent in the ratio that—

10 ‘‘(I) the total lane miles on Inter11 state System routes designated

12 under—

13 ‘‘(aa) section 103;

14 ‘‘(bb) section 139(a) before

15 March 9, 1984 (other than

16 routes on toll roads not subject

17 to a Secretarial agreement under

18 section 105 of the Federal-Aid

19 Highway Act of 1978 (92 Stat.

20 2692)); and

21 ‘‘(cc) section 139(c) (as in

22 effect on the day before the date

23 of enactment of the Intermodal

24 Transportation Act of 1997);

25 in each State; bears to
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1 ‘‘(II) the total of all such lane

2 miles in all States; and

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

4 ‘‘(I) the total vehicle miles trav5 eled on lanes on Interstate System

6 routes designated under—

7 ‘‘(aa) section 103;

8 ‘‘(bb) section 139(a) before

9 March 9, 1984 (other than

10 routes on toll roads not subject

11 to a Secretarial agreement under

12 section 105 of the Federal-Aid

13 Highway Act of 1978 (92 Stat.

14 2692)); and

15 ‘‘(cc) section 139(c) (as in

16 effect on the day before the date

17 of enactment of the Intermodal

18 Transportation Act of 1997);

19 in each State; bears to

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

21 miles traveled in all States.

22 ‘‘(B) INTERSTATE BRIDGE COMPONENT.—

23 For resurfacing, restoring, rehabilitating, and

24 reconstructing bridges on the Interstate Sys25 tem, in the ratio that—
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1 ‘‘(i) the total square footage of struc2 turally deficient and functionally obsolete

3 bridges on the Interstate System (other

4 than bridges on toll roads not subject to a

5 Secretarial agreement under section 105 of

6 the Federal-Aid Highway Act of 1978 (92

7 Stat. 2692)) in each State; bears to

8 ‘‘(ii) the total square footage of struc9 turally deficient and functionally obsolete

10 bridges on the Interstate System (other

11 than bridges on toll roads not subject to a

12 Secretarial agreement under section 105 of

13 the Federal-Aid Highway Act of 1978 (92

14 Stat. 2692)) in all States.

15 ‘‘(C) OTHER NATIONAL HIGHWAY SYSTEM

16 COMPONENT.—

17 ‘‘(i) IN GENERAL.—For the National

18 Highway System (excluding activities for

19 which funds are apportioned under sub20 paragraph (A) or (B)), $36,400,000 for

21 each fiscal year to the Virgin Islands,

22 Guam, American Samoa, and the Com23 monwealth of Northern Mariana Islands

24 and the remainder apportioned as follows:
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1 ‘‘(I) 20 percent of the apportion2 ments in the ratio that—

3 ‘‘(aa) the total lane miles of

4 principal arterial routes (exclud5 ing Interstate System routes) in

6 each State; bears to

7 ‘‘(bb) the total lane miles of

8 principal arterial routes (exclud9 ing Interstate System routes) in

10 all States.

11 ‘‘(II) 29 percent of the appor12 tionments in the ratio that—

13 ‘‘(aa) the total vehicle miles

14 traveled on lanes on principal ar15 terial routes (excluding Interstate

16 System routes) in each State;

17 bears to

18 ‘‘(bb) the total vehicle miles

19 traveled on lanes on principal ar20 terial routes (excluding Interstate

21 System routes) in all States.

22 ‘‘(III) 18 percent of the appor23 tionments in the ratio that—

24 ‘‘(aa) the total square foot25 age of structurally deficient and
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1 functionally obsolete bridges on

2 principal arterial routes (exclud3 ing bridges on Interstate System

4 routes (other than bridges on toll

5 roads not subject to a Secretarial

6 agreement under section 105 of

7 the Federal-Aid Highway Act of

8 1978 (92 Stat. 2692))) in each

9 State; bears to

10 ‘‘(bb) the total square foot11 age of structurally deficient and

12 functionally obsolete bridges on

13 principal arterial routes (exclud14 ing bridges on Interstate System

15 routes (other than bridges on toll

16 roads not subject to a Secretarial

17 agreement under section 105 of

18 the Federal-Aid Highway Act of

19 1978 (92 Stat. 2692))) in all

20 States.

21 ‘‘(IV) 24 percent of the appor22 tionments in the ratio that—

23 ‘‘(aa) the total diesel fuel

24 used on highways in each State;

25 bears to
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1 ‘‘(bb) the total diesel fuel

2 used on highways in all States.

3 ‘‘(V) 9 percent of the apportion4 ments in the ratio that—

5 ‘‘(aa) the quotient obtained

6 by dividing the total lane miles

7 on principal arterial highways in

8 each State by the total popu9 lation of the State; bears to

10 ‘‘(bb) the quotient obtained

11 by dividing the total lane miles

12 on principal arterial highways in

13 all States by the total population

14 of all States.

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

16 clause (i) shall be based on the latest avail17 able data.

18 ‘‘(D) MINIMUM APPORTIONMENT.—Not19 withstanding subparagraphs (A) through (C),

each State shall receive a minimum of 1 20 ⁄2 of 1

21 percent of the funds apportioned under this

22 paragraph.

23 ‘‘(2) CONGESTION MITIGATION AND AIR QUAL24 ITY IMPROVEMENT PROGRAM.—
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1 ‘‘(A) IN GENERAL.—For the congestion

2 mitigation and air quality improvement pro3 gram, in the ratio that—

4 ‘‘(i) the total of all weighted non5 attainment and maintenance area popu6 lations in each State; bears to

7 ‘‘(ii) the total of all weighted non8 attainment and maintenance area popu9 lations in all States.

10 ‘‘(B) CALCULATION OF WEIGHTED NON11 ATTAINMENT AND MAINTENANCE AREA POPU12 LATION.—Subject to subparagraph (C), for the

13 purpose of subparagraph (A), the weighted non14 attainment and maintenance area population

15 shall be calculated by multiplying the popu16 lation of each area in a State that was a non17 attainment area or maintenance area as de18 scribed in section 149(b) for ozone or carbon

19 monoxide by a factor of—

20 ‘‘(i) 0.8 if—

21 ‘‘(I) at the time of the apportion22 ment, the area is a maintenance area;

23 ‘‘(II) at the time of the appor24 tionment, the area is classified as a
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1 submarginal ozone nonattainment

2 area under that Act; or

3 ‘‘(III) as of the date of enact4 ment of the Intermodal Transpor5 tation Act of 1997, the area is consid6 ered by the Administrator of the En7 vironmental Protection Agency to be a

8 flexible attainment region;

9 ‘‘(ii) 1.0 if, at the time of the appor10 tionment, the area is classified as a mar11 ginal ozone nonattainment area under sub12 part 2 of part D of title I of the Clean Air

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

14 ‘‘(iii) 1.1 if, at the time of the appor15 tionment, the area is classified as a mod16 erate ozone nonattainment area under that

17 subpart;

18 ‘‘(iv) 1.2 if, at the time of the appor19 tionment, the area is classified as a serious

20 ozone nonattainment area under that sub21 part;

22 ‘‘(v) 1.3 if, at the time of the appor23 tionment, the area is classified as a severe

24 ozone nonattainment area under that sub25 part;
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1 ‘‘(vi) 1.4 if, at the time of the appor2 tionment, the area is classified as an ex3 treme ozone nonattainment area under

4 that subpart; or

5 ‘‘(vii) 1.0 if, at the time of the appor6 tionment, the area is not a nonattainment

7 or maintenance area as described in sec8 tion 149(b) for ozone, but is classified

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

10 Act (42 U.S.C. 7512 et seq.) as a non11 attainment area described in section

12 149(b) for carbon monoxide.

13 ‘‘(C) ADDITIONAL ADJUSTMENT FOR CAR14 BON MONOXIDE AREAS.—

15 ‘‘(i) CARBON MONOXIDE NONATTAIN16 MENT AREAS.—If, in addition to being

17 classified as a nonattainment or mainte18 nance area for ozone, the area was also

19 classified under subpart 3 of part D of

20 title I of that Act (42 U.S.C. 7512 et seq.)

21 as a nonattainment area described in sec22 tion 149(b) for carbon monoxide, the

23 weighted nonattainment or maintenance

24 area population of the area, as determined

25 under clauses (i) through (vi) of subpara-
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1 graph (B), shall be further multiplied by a

2 factor of 1.2.

3 ‘‘(ii) CARBON MONOXIDE MAINTE4 NANCE AREAS.—If, in addition to being

5 classified as a nonattainment or mainte6 nance area for ozone, the area was at one

7 time also classified under subpart 3 of part

8 D of title I of that Act (42 U.S.C. 7512

9 et seq.) as a nonattainment area described

10 in section 149(b) for carbon monoxide but

11 has been redesignated as a maintenance

12 area, the weighted nonattainment or main13 tenance area population of the area, as de14 termined under clauses (i) through (vi) of

15 subparagraph (B), shall be further multi16 plied by a factor of 1.1.

17 ‘‘(D) MINIMUM APPORTIONMENT.—Not18 withstanding any other provision of this para19 graph, each State shall receive a minimum of

1 20 ⁄2 of 1 percent of the funds apportioned under

21 this paragraph.

22 ‘‘(E) DETERMINATIONS OF POPULATION.—

23 In determining population figures for the pur24 poses of this paragraph, the Secretary shall use
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1 the latest available annual estimates prepared

2 by the Secretary of Commerce.

3 ‘‘(3) SURFACE TRANSPORTATION PROGRAM.—

4 ‘‘(A) IN GENERAL.—For the surface trans5 portation program, in accordance with the fol6 lowing formula:

7 ‘‘(i) 20 percent of the apportionments

8 in the ratio that—

9 ‘‘(I) the total lane miles of Fed10 eral-aid highways in each State; bears

11 to

12 ‘‘(II) the total lane miles of Fed13 eral-aid highways in all States.

14 ‘‘(ii) 30 percent of the apportionments

15 in the ratio that—

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

18 in each State; bears to

19 ‘‘(II) the total vehicle miles trav20 eled on lanes on Federal-aid highways

21 in all States.

22 ‘‘(iii) 25 percent of the apportion23 ments in the ratio that—

24 ‘‘(I) the total square footage of

25 structurally deficient and functionally
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1 obsolete bridges on Federal-aid high2 ways (excluding bridges described in

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

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

5 ‘‘(II) the total square footage

6 structurally deficient and functionally

7 obsolete bridges on Federal-aid high8 ways (excluding bridges described in

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

10 paragraph (1)) in all States.

11 ‘‘(iv) 25 percent of the apportion12 ments in the ratio that—

13 ‘‘(I) the estimated tax payments

14 attributable to highway users in each

15 State paid into the Highway Trust

16 Fund (other than the Mass Transit

17 Account) in the latest fiscal year for

18 which data are available; bears to

19 ‘‘(II) the estimated tax payments

20 attributable to highway users in all

21 States paid into the Highway Trust

22 Fund (other than the Mass Transit

23 Account) in the latest fiscal year for

24 which data are available.
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1 ‘‘(B) DATA.—Each calculation under sub2 paragraph (A) shall be based on the latest

3 available data.

4 ‘‘(C) MINIMUM APPORTIONMENT.—Not5 withstanding subparagraph (A), each State

shall receive a minimum of 1 6 ⁄2 of 1 percent of

7 the funds apportioned under this paragraph.’’.

8 (b) EFFECT OF CERTAIN AMENDMENTS.—Section

9 104 of title 23, United States Code, is amended by strik10 ing subsection (h) and inserting the following:

11 ‘‘(h) EFFECT OF CERTAIN AMENDMENTS.—Notwith12 standing any other provision of law, deposits into the

13 Highway Trust Fund resulting from the amendments

14 made by section 901 of the Taxpayer Relief Act of 1997

15 shall not be taken into account in determining the appor16 tionments and allocations that any State shall be entitled

17 to receive under the Intermodal Transportation Act of

18 1997 and title 23, United States Code.’’.

19 (c) ISTEA TRANSITION.—

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

21 1998 through 2003, the Secretary shall determine,

22 with respect to each State—

23 (A) the total apportionments for the fiscal

24 year under section 104 of title 23, United

25 States Code, for the Interstate and National
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1 Highway System program, the surface trans2 portation program, metropolitan planning, and

3 the congestion mitigation and air quality im4 provement program;

5 (B) the annual average of the total appor6 tionments during the period of fiscal years

7 1992 through 1997 for all Federal-aid highway

8 programs (as defined in section 101 of title 23,

9 United States Code), excluding apportionments

10 for the Federal lands highways program under

11 section 204 of that title;

12 (C) the annual average of the total appor13 tionments during the period of fiscal years

14 1992 through 1997 for all Federal-aid highway

15 programs (as defined in section 101 of title 23,

16 United States Code), excluding—

17 (i) apportionments authorized under

18 section 104 of that title for construction of

19 the Interstate System;

20 (ii) apportionments for the Interstate

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

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

23 the date of enactment of this Act);
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1 (iii) apportionments for the Federal

2 lands highways program under section 204

3 of that title; and

4 (iv) adjustments to sums apportioned

5 under section 104 of that title due to the

6 hold harmless adjustment under section

7 1015(a) of the Intermodal Surface Trans8 portation Efficiency Act of 1991 (23

9 U.S.C. 104 note; 105 Stat. 1943);

10 (D) the product obtained by multiplying—

11 (i) the annual average of the total ap12 portionments determined under subpara13 graph (B); by

14 (ii) the applicable percentage deter15 mined under paragraph (2); and

16 (E) the product obtained by multiplying—

17 (i) the annual average of the total ap18 portionments determined under subpara19 graph (C); by

20 (ii) the applicable percentage deter21 mined under paragraph (2).

22 (2) APPLICABLE PERCENTAGES.—

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

24 1998—
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1 (i) the applicable percentage referred

2 to in paragraph (1)(D)(ii) shall be 145

3 percent; and

4 (ii) the applicable percentage referred

5 to in paragraph (1)(E)(ii) shall be 107

6 percent.

7 (B) FISCAL YEARS THEREAFTER.—For

8 each of fiscal years 1999 through 2003, the ap9 plicable percentage referred to in paragraph

10 (1)(D)(ii) or (1)(E)(ii), respectively, shall be a

11 percentage equal to the product obtained by

12 multiplying—

13 (i) the percentage specified in clause

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

15 (A); by

16 (ii) the percentage that—

17 (I) the total contract authority

18 made available under this Act and

19 title 23, United States Code, for Fed20 eral-aid highway programs for the fis21 cal year; bears to

22 (II) the total contract authority

23 made available under this Act and

24 title 23, United States Code, for Fed-
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1 eral-aid highway programs for fiscal

2 year 1998.

3 (3) MAXIMUM TRANSITION.—

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

5 1998 through 2003, in the case of each State

6 with respect to which the total apportionments

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

8 than the product determined under paragraph

9 (1)(D), the Secretary shall reduce proportion10 ately the apportionments to the State under

11 section 104 of title 23, United States Code, for

12 the National Highway System component of the

13 Interstate and National Highway System pro14 gram, the surface transportation program, and

15 the congestion mitigation and air quality im16 provement program so that the total of the ap17 portionments is equal to the product determined

18 under paragraph (1)(D).

19 (B) REDISTRIBUTION OF FUNDS.—

20 (i) IN GENERAL.—Subject to clause

21 (ii), funds made available under subpara22 graph (A) shall be redistributed propor23 tionately under section 104 of title 23,

24 United States Code, for the Interstate and

25 National Highway System program, the
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1 surface transportation program, and the

2 congestion mitigation and air quality im3 provement program, to States not subject

4 to a reduction under subparagraph (A).

5 (ii) LIMITATION.—The ratio that—

6 (I) the total apportionments to a

7 State under section 104 of title 23,

8 United States Code, for the Interstate

9 and National Highway System pro10 gram, the surface transportation pro11 gram, and the congestion mitigation

12 and air quality improvement program,

13 after the application of clause (i);

14 bears to

15 (II) the annual average of the

16 total apportionments determined

17 under paragraph (1)(B) with respect

18 to the State;

19 may not exceed, in the case of fiscal year

20 1998, 145 percent, and, in the case of each

21 of fiscal years 1999 through 2003, 145

22 percent as adjusted in the manner de23 scribed in paragraph (2)(B).

24 (4) MINIMUM TRANSITION.—
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1 (A) IN GENERAL.—For each of fiscal years

2 1998 through 2003, the Secretary shall appor3 tion to each State such additional amounts as

4 are necessary to ensure that—

5 (i) the total apportionments to the

6 State under section 104 of title 23, United

7 States Code, for the Interstate and Na8 tional Highway System program, the sur9 face transportation program, metropolitan

10 planning, and the congestion mitigation

11 and air quality improvement program,

12 after the application of paragraph (3); is

13 equal to

14 (ii) the greater of—

15 (I) the product determined with

16 respect to the State under paragraph

17 (1)(E); or

18 (II) the total apportionments to

19 the State for fiscal year 1997 for all

20 Federal-aid highway programs, ex21 cluding—

22 (aa) apportionments for the

23 Federal lands highways program

24 under section 204 of title 23,

25 United States Code;
27

•S 1173 IS

1 (bb) adjustments to sums

2 apportioned under section 104 of

3 that title due to the hold harm4 less adjustment under section

5 1015(a) of the Intermodal Sur6 face Transportation Efficiency

7 Act of 1991 (23 U.S.C. 104 note;

8 105 Stat. 1943); and

9 (cc) demonstration projects

10 under the Intermodal Surface

11 Transportation Efficiency Act of

12 1991 (Public Law 102–240).

13 (B) OBLIGATION.—Amounts apportioned

14 under subparagraph (A)—

15 (i) shall be considered to be sums

16 made available for expenditure on the sur17 face transportation program, except that—

18 (I) the amounts shall not be sub19 ject to paragraphs (1) and (2) of sec20 tion 133(d) of title 23, United States

21 Code; and

22 (II) 50 percent of the amounts

23 shall be subject to section 133(d)(3)

24 of that title;
28

•S 1173 IS

1 (ii) shall be available for any purpose

2 eligible for funding under section 133 of

3 that title; and

4 (iii) shall remain available for obliga5 tion for a period of 3 years after the last

6 day of the fiscal year for which the

7 amounts are apportioned.

8 (C) AUTHORIZATION OF CONTRACT AU9 THORITY.—

10 (i) IN GENERAL.—There shall be

11 available from the Highway Trust Fund

12 (other than the Mass Transit Account)

13 such sums as are necessary to carry out

14 this paragraph.

15 (ii) CONTRACT AUTHORITY.—Funds

16 authorized under this subparagraph shall

17 be available for obligation in the same

18 manner as if the funds were apportioned

19 under chapter 1 of title 23, United States

20 Code.

21 (d) MINIMUM GUARANTEE.—

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

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

24 ‘‘§ 105. Minimum guarantee

25 ‘‘(a) ADJUSTMENT.—
29

•S 1173 IS

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

2 each fiscal year thereafter on October 1, or as soon

3 as practicable thereafter, the Secretary shall allocate

4 among the States amounts sufficient to ensure

5 that—

6 ‘‘(A) the ratio that—

7 ‘‘(i) each State’s percentage of the

8 total apportionments for the fiscal year—

9 ‘‘(I) under section 104 for the

10 Interstate and National Highway Sys11 tem program, the surface transpor12 tation program, metropolitan plan13 ning, and the congestion mitigation

14 and air quality improvement program;

15 and

16 ‘‘(II) under section 1102(c) of

17 the Intermodal Transportation Act of

18 1997 for ISTEA transition; bears to

19 ‘‘(ii) each State’s percentage of esti20 mated tax payments attributable to high21 way users in the State paid into the High22 way Trust Fund (other than the Mass

23 Transit Account) in the latest fiscal year

24 for which data are available;

25 is not less than 0.90; and
30

•S 1173 IS

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

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

3 total apportionments for the fiscal year de4 scribed in subclauses (I) and (II) of subpara5 graph (A)(i) is—

6 ‘‘(i) not less than the percentage spec7 ified for the State in paragraph (2); but

8 ‘‘(ii) not greater than the product de9 termined for the State under section

10 1102(c)(1)(D) of the Intermodal Transpor11 tation Act of 1997 for the fiscal year.

12 ‘‘(2) STATE PERCENTAGES.—The percentage

13 referred to in paragraph (1)(B) for a specified State

14 shall be determined in accordance with the following

15 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.

16 ‘‘(b) TREATMENT OF ALLOCATIONS.—

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

18 subsection (a)—
31

•S 1173 IS

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

2 allocated and shall remain available for obliga3 tion for a period of 3 years after the last day

4 of the fiscal year for which the amounts are al5 located; and

6 ‘‘(B) shall be available for any purpose eli7 gible for funding under this title.

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

9 allocated under subsection (a) shall be subject to

10 section 133(d)(3).

11 ‘‘(c) TREATMENT OF WITHHELD APPORTION12 MENTS.—For the purpose of subsection (a), any funds

13 that, but for section 158(b) or any other provision of law

14 under which Federal-aid highway funds are withheld from

15 apportionment, would be apportioned to a State for a fis16 cal year under a section referred to in subsection (a) shall

17 be treated as being apportioned in that fiscal year.

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

19 There shall be available from the Highway Trust Fund

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

21 necessary to carry out this section.’’.

22 (2) CONFORMING AMENDMENT.—The analysis

23 for chapter 1 of title 23, United States Code, is

24 amended by striking the item relating to section 105

25 and inserting the following:

‘‘105. Minimum guarantee.’’.
32

•S 1173 IS

1 (e) AUDITS OF HIGHWAY TRUST FUND.—Section

2 104 of title 23, United States Code, is amended by strik3 ing subsection (i) and inserting the following:

4 ‘‘(i) AUDITS OF HIGHWAY TRUST FUND.—From

5 available administrative funds deducted under subsection

6 (a), the Secretary may reimburse the Office of Inspector

7 General of the Department of Transportation for the con8 duct of annual audits of financial statements in accord9 ance with section 3521 of title 31.’’.

10 (f) TECHNICAL AMENDMENTS.—Section 104 of title

11 23, United States Code, is amended—

12 (1) in subsection (e)—

13 (A) by inserting ‘‘NOTIFICATION TO

14 STATES.—’’ after ‘‘(e)’’;

15 (B) in the first sentence—

16 (i) by striking ‘‘(other than under

17 subsection (b)(5) of this section)’’; and

18 (ii) by striking ‘‘and research’’;

19 (C) by striking the second sentence; and

20 (D) in the last sentence, by striking ‘‘, ex21 cept that’’ and all that follows through ‘‘such

22 funds’’; and

23 (2) in subsection (f)—

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

25 the following:
33

•S 1173 IS

1 ‘‘(f) METROPOLITAN PLANNING.—

2 ‘‘(1) SET-ASIDE.—On’’;

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

4 the following:

5 ‘‘(2) APPORTIONMENT TO STATES OF SET6 ASIDE FUNDS.—These’’;

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

8 the following:

9 ‘‘(3) USE OF FUNDS.—The’’; and

10 (D) by striking ‘‘(4) The’’ and inserting

11 the following:

12 ‘‘(4) DISTRIBUTION OF FUNDS WITHIN

13 STATES.—The’’.

14 (g) CONFORMING AMENDMENTS.—

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

16 Code, is amended in the first sentence by striking

17 ‘‘104(b)(2), and 104(b)(6)’’ and inserting ‘‘and

18 104(b)(2)’’.

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

20 Code, is repealed.

21 (B) The analysis for chapter 1 of title 23, Unit22 ed States Code, is amended by striking the item re23 lating to section 150.

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

25 is amended—
34

•S 1173 IS

1 (A) in subsection (a)—

2 (i) by striking paragraph (1);

3 (ii) by redesignating paragraphs (2)

4 and (3) as paragraphs (1) and (2), respec5 tively;

6 (iii) in paragraph (1) (as so redesig7 nated)—

8 (I) by striking ‘‘AFTER THE

9 FIRST YEAR’’ and inserting ‘‘IN GEN10 ERAL’’; and

11 (II) by striking ‘‘, 104(b)(2),

12 104(b)(5), and 104(b)(6)’’ and insert13 ing ‘‘and 104(b)(2)’’; and

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

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

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

17 ‘‘paragraph (1)’’; and

18 (B) by striking subsection (b) and insert19 ing the following:

20 ‘‘(b) EFFECT OF WITHHOLDING OF FUNDS.—No

21 funds withheld under this section from apportionment to

22 any State after September 30, 1988, shall be available for

23 apportionment to that State.’’.

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

25 Code, is repealed.
35

•S 1173 IS

1 (B) The analysis for chapter 1 of title 23, Unit2 ed States Code, is amended by striking the item re3 lating 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),

6 as 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)

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

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

21 day before the date of enactment of the Inter22 modal Transportation Act of 1997) of’’; and

23 (ii) in subsection (b)—

24 (I) in paragraphs (1)(A)(i) and

25 (3)(A), by striking ‘‘section 104(b)(5)(A)’’
36

•S 1173 IS

1 each place it appears and inserting ‘‘sec2 tion 104(b)(5)(A) (as in effect on the day

3 before the date of enactment of the Inter4 modal Transportation Act of 1997)’’;

5 (II) in paragraph (1)(A)(ii), by strik6 ing ‘‘section 104(b)(5)(B)’’ and inserting

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

8 day before the date of enactment of the

9 Intermodal Transportation Act of 1997)’’;

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

11 ‘‘(5)(B)’’ and inserting ‘‘(5)(B) (as in ef12 fect on the day before the date of enact13 ment of the Intermodal Transportation Act

14 of 1997)’’; and

15 (IV) in paragraphs (3)(B) and (4), by

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

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

18 (as in effect on the day before the date of

19 enactment of the Intermodal Transpor20 tation Act of 1997)’’.

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

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

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

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

25 104(b)’’.
37

•S 1173 IS

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

2 Code, is amended—

3 (i) in the first sentence, by striking ‘‘sec4 tions 130, 144, and 152 of this title’’ and in5 serting ‘‘subsection (b)(1)(B) and sections 130

6 and 152’’;

7 (ii) in the first and second sentences—

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

9 ‘‘provision’’; and

10 (II) by striking ‘‘such sections’’ and

11 inserting ‘‘those provisions’’; and

12 (iii) in the third sentence—

13 (I) by striking ‘‘section 144’’ and in14 serting ‘‘subsection (b)(1)(B)’’; and

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

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

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

18 is amended—

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

20 ‘‘104(b)(2), 104(b)(3), 104(f), 144,’’ and in21 serting ‘‘104(b)(1)(B), 104(b)(2), 104(b)(3),

22 104(f),’’; and

23 (ii) in subsection (c), by striking ‘‘144,,’’.
38

•S 1173 IS

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

2 Code, is amended in the last sentence by striking

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

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

5 Code, is amended by striking ‘‘section 104(a), sec6 tion 307(a), and section 144 of this title’’ and in7 serting ‘‘subsections (a) and (b)(1)(B) of section

8 104 and section 307(a)’’.

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

10 Code, is amended in the first sentence by striking

11 ‘‘or section 144 of this title’’.

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

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

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

15 SEC. 1103. OBLIGATION CEILING.

16 (a) GENERAL LIMITATION.—Subject to the other

17 provisions of this section and notwithstanding any other

18 provision of law, the total amount of all obligations for

19 Federal-aid highways and highway safety construction

20 programs shall not exceed—

21 (1) $21,800,000,000 for fiscal year 1998;

22 (2) $22,768,000,000 for fiscal year 1999;

23 (3) $22,901,000,000 for fiscal year 2000;

24 (4) $23,070,000,000 for fiscal year 2001;

25 (5) $23,511,000,000 for fiscal year 2002; and
39

•S 1173 IS

1 (6) $24,259,000,000 for fiscal year 2003.

2 (b) EXCEPTIONS.—

3 (1) IN GENERAL.—The limitations under sub4 section (a) shall not apply to obligations of funds

5 under—

6 (A) section 125 of title 23, United States

7 Code;

8 (B) section 105(a) of that title, excluding

9 amounts allocated under section 105(a)(1)(B)

10 of that title;

11 (C) section 157 of that title (as in effect

12 on the day before the date of enactment of this

13 Act);

14 (D) section 147 of the Surface Transpor15 tation Assistance Act of 1978 (23 U.S.C. 144

16 note; 92 Stat. 2714);

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

18 Act of 1981 (95 Stat. 1701);

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

20 of the Surface Transportation Assistance Act of

21 1982 (96 Stat. 2119);

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

23 of the Surface Transportation and Uniform Re24 location Assistance Act of 1987 (101 Stat.

25 198); and
40

•S 1173 IS

1 (H) sections 1103 through 1108 of the

2 Intermodal Surface Transportation Efficiency

3 Act of 1991 (105 Stat. 2027).

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

5 law establishing a limitation on obligations for Fed6 eral-aid highway and highway safety construction

7 programs may not amend or limit the applicability

8 of this subsection, unless the provision specifically

9 amends or limits that applicability.

10 (c) APPLICABILITY TO TRANSPORTATION RESEARCH

11 PROGRAMS.—Obligation limitations for Federal-aid high12 way and highway safety construction programs established

13 by subsection (a) shall apply to transportation research

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

15 States Code.

16 (d) OBLIGATION AUTHORITY.—Section 118 of title

17 23, United States Code, is amended by adding at the end

18 the following:

19 ‘‘(g) OBLIGATION AUTHORITY.—

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

21 Secretary shall—

22 ‘‘(A) distribute the total amount of obliga23 tion authority for Federal-aid highways and

24 highway safety construction programs made
41

•S 1173 IS

1 available for the fiscal year by allocation in the

2 ratio that—

3 ‘‘(i) the total of the sums made avail4 able for Federal-aid highways and highway

5 safety construction programs that are ap6 portioned or allocated to each State for the

7 fiscal year; bears to

8 ‘‘(ii) the total of the sums made avail9 able for Federal-aid highways and highway

10 safety construction programs that are ap11 portioned or allocated to all States for the

12 fiscal year;

13 ‘‘(B) provide all States with authority suf14 ficient to prevent lapses of sums authorized to

15 be appropriated for Federal-aid highways that

16 have been apportioned to a State; and

17 ‘‘(C) not distribute—

18 ‘‘(i) amounts deducted under section

19 104(a) for administrative expenses;

20 ‘‘(ii) amounts made available for the

21 Federal lands highways program under

22 section 204;

23 ‘‘(iii) amounts made available under

24 section 149(d) of the Surface Transpor-
42

•S 1173 IS

1 tation and Uniform Relocation Assistance

2 Act of 1987 (101 Stat. 201); and

3 ‘‘(iv) amounts made available for im4 plementation of programs under chapter 5

5 of this title and sections 5222, 5232, and

6 5241 of title 49.

7 ‘‘(2) REDISTRIBUTION.—Notwithstanding para8 graph (1), the Secretary shall, after August 1 of

9 each of fiscal years 1998 through 2003—

10 ‘‘(A) revise a distribution of the funds

11 made available under paragraph (1) for the fis12 cal year if a State will not obligate the amount

13 distributed during the fiscal year; and

14 ‘‘(B) redistribute sufficient amounts to

15 those States able to obligate amounts in addi16 tion to the amounts previously distributed dur17 ing the fiscal year, giving priority to those

18 States that have large unobligated balances of

19 funds apportioned under section 104 and under

20 section 144 (as in effect on the day before the

21 date of enactment of this subsection).’’.

22 (e) APPLICABILITY OF OBLIGATION LIMITATIONS.—

23 An obligation limitation established by a provision of any

24 other Act shall not apply to obligations under a program
43

•S 1173 IS

1 funded under this Act or title 23, United States Code, un2 less—

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

10 amended by striking subsection (f) and inserting the fol11 lowing:

12 ‘‘(f) OBLIGATION AUTHORITY.—

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

14 obligate in an urbanized area with an urbanized area

15 population of over 200,000 individuals under sub16 section (d) funds apportioned to the State under sec17 tion 104(b)(3) shall make available during the 3-fis18 cal year period of 1998 through 2000, and the 3-fis19 cal year period of 2001 through 2003, an amount of

20 obligation authority distributed to the State for Fed21 eral-aid highways and highway safety construction

22 programs for use in the area that is equal to the

23 amount obtained by multiplying—

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

25 the State is required to obligate in the area
44

•S 1173 IS

1 under subsection (d) during each such period;

2 by

3 ‘‘(B) the ratio that—

4 ‘‘(i) the aggregate amount of obliga5 tion authority distributed to the State for

6 Federal-aid highways and highway safety

7 construction programs during the period;

8 bears to

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

10 to the State for Federal-aid highways and

11 highway safety construction programs (ex12 cluding sums not subject to an obligation

13 limitation) during the period.

14 ‘‘(2) JOINT RESPONSIBILITY.—Each State,

15 each affected metropolitan planning organization,

16 and the Secretary shall jointly ensure compliance

17 with paragraph (1).’’.

18 SEC. 1105. EMERGENCY RELIEF.

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

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

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

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

23 23, United States Code, is amended—

24 (1) by striking subsection (a);
45

•S 1173 IS

1 (2) by redesignating subsections (b), (c), and

2 (d) as subsections (d), (e), and (f), respectively;

3 (3) by inserting after the section heading the

4 following:

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

6 and section 120, an emergency fund is authorized for ex7 penditure by the Secretary for the repair or reconstruction

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

9 States, including Indian reservations, that the Secretary

10 finds have suffered serious damage as a result of—

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

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

13 storm, or landslide; or

14 ‘‘(2) catastrophic failure from any external

15 cause.

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

17 shall funds be used pursuant to this section for the repair

18 or reconstruction of bridges that have been permanently

19 closed to all vehicular traffic by the State or responsible

20 local official because of imminent danger of collapse due

21 to a structural deficiency or physical deterioration.

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

23 there are hereby authorized to be appropriated from the

24 Highway Trust Fund (other than the Mass Transit Ac25 count) such sums as may be necessary to establish the
46

•S 1173 IS

1 fund authorized by this section and to replenish it on an

2 annual basis:

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

4 to be obligated in any 1 fiscal year commencing

5 after September 30, 1980, to carry out the provi6 sions of this section, except that, if in any fiscal year

7 the total of all obligations under this section is less

8 than the amount authorized to be obligated in such

9 fiscal year, the unobligated balance of such amount

10 shall remain available until expended and shall be in

11 addition to amounts otherwise available to carry out

12 this section each year.

13 ‘‘(2) Pending such appropriation or replenish14 ment, the Secretary may obligate from any funds

15 heretofore or hereafter appropriated for obligation in

16 accordance with this title, including existing Federal17 aid appropriations, such sums as may be necessary

18 for the immediate prosecution of the work herein au19 thorized, provided that such funds are reimbursed

20 from the appropriations authorized in paragraph (1)

21 of this subsection when such appropriations are

22 made.’’;

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

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

25 inserting ‘‘subsection (e)’’; and
47

•S 1173 IS

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

2 striking ‘‘on any of the Federal-aid highway sys3 tems’’ and inserting ‘‘Federal-aid highways’’.

4 (c) SAN MATEO COUNTY, CALIFORNIA.—Notwith5 standing any other provision of law, a project to repair

6 or reconstruct any portion of a Federal-aid primary route

7 in San 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 moun10 tain slide;

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

14 cities; and

15 (3) complies with the local coastal plan;

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

17 23, United States Code.

18 SEC. 1106. FEDERAL LANDS HIGHWAYS PROGRAM.

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

20 23, United States Code, is amended by adding at the end

21 the following:

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

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

24 funds appropriated to any Federal land management

25 agency may be used to pay the non-Federal share of the
48

•S 1173 IS

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

2 of 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

11 23, United States Code, is amended by adding at the end

12 the following: ‘‘Notwithstanding any other provision of

13 law, the authorization by the Secretary of engineering and

14 related work for a Federal lands highways program

15 project, or the approval by the Secretary of plans, speci16 fications, and estimates for construction of a Federal

17 lands highways program project, shall be deemed to con18 stitute a contractual obligation of the Federal Government

19 to the pay the Federal share of the cost of the project.’’.

20 (c) PLANNING AND AGENCY COORDINATION.—Sec21 tion 204 of title 23, United States Code, is amended—

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

23 following:

24 ‘‘(a) ESTABLISHMENT.—
49

•S 1173 IS

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

2 all 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 transportation planning pro12 cedures that are consistent with the metropolitan

13 and statewide planning processes required under sec14 tions 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 ap19 proved 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
50

•S 1173 IS

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 safety, bridge, pavement, and conges15 tion management systems for roads funded under

16 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,

25 or of transit facilities within public lands, national
51

•S 1173 IS

1 parks, and Indian reservations. In connection with

2 activities under the preceding sentence, the Sec3 retary and the Secretary of the appropriate Federal

4 land management agency may enter into construc5 tion contracts and other appropriate contracts with

6 a State or civil subdivision of a State or Indian

7 tribe.’’;

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

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

10 ‘‘Secretary of the appropriate Federal land manage11 ment agency’’;

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

13 following:

14 ‘‘(8) A project to build a replacement of the

15 federally owned bridge over the Hoover Dam in the

16 Lake Mead National Recreation Area between Ne17 vada and Arizona.’’;

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

19 following:

20 ‘‘(i) TRANSFERS OF COSTS TO SECRETARIES OF

21 FEDERAL LAND MANAGEMENT AGENCIES.—

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

23 shall transfer to the appropriate Federal land man24 agement agency from amounts made available for

25 public lands highways such amounts as are nec-
52

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1 essary to pay necessary administrative costs of the

2 agency in 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

8 necessary transportation planning for Federal lands,

9 if 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

20 States Code, is amended by inserting after section 205 the

21 following:

22 ‘‘§ 206. Recreational trails program

23 ‘‘(a) DEFINITIONS.—

24 ‘‘(1) MOTORIZED RECREATION.—The term ‘mo25 torized recreation’ means off-road recreation using
53

•S 1173 IS

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

20 use of other off-road motorized vehicles.

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

22 Secretary, in consultation with the Secretary of the Inte23 rior and the Secretary of Agriculture, shall carry out a

24 program to provide and maintain recreational trails (re25 ferred to in this section as the ‘program’).
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•S 1173 IS

1 ‘‘(c) STATE RESPONSIBILITIES.—To be eligible for

2 apportionments under this section—

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

4 under this section for construction of new trails

5 crossing 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);

13 and

14 ‘‘(D) approved by each Federal agency

15 charged with management of the affected lands,

16 which approval shall be contingent on compli17 ance by the Federal agency with all applicable

18 laws, including the National Environmental

19 Policy Act of 1969 (42 U.S.C. 4321 et seq.),

20 the Forest and Rangeland Renewable Resources

21 Planning Act of 1974 (16 U.S.C. 1600 et seq.),

22 and the Federal Land Policy and Management

23 Act of 1976 (43 U.S.C. 1701 et seq.);

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

25 State agency or agencies that will be responsible for
55

•S 1173 IS

1 administering apportionments received under this

2 section; and

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

4 a 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

8 under this section shall be obligated for trails and

9 trail-related 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;
56

•S 1173 IS

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) costs to the State incurred in admin10 istering the program, but in an amount not to

11 exceed 7 percent of the apportionment received

12 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-
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•S 1173 IS

1 ized use, for diverse nonmotorized use, or

2 to 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

9 State with a total land area of less than

10 3,500,000 acres, and in which nonhighway rec11 reational fuel use accounts for less than 1 per12 cent of all such fuel use in the United States,

13 shall be exempted from the requirements of

14 subparagraph (A) upon application to the Sec15 retary by the State demonstrating that the

16 State meets the conditions of this subpara17 graph.

18 ‘‘(C) WAIVER AUTHORITY.—Upon the re19 quest of a State trail advisory committee estab20 lished under subsection (c)(3), the Secretary

21 may waive, in whole or in part, the require22 ments of subparagraph (A) with respect to the

23 State if the State certifies to the Secretary that

24 the State does not have sufficient projects to

25 meet the requirements of subparagraph (A).
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•S 1173 IS

1 ‘‘(D) STATE ADMINISTRATIVE COSTS.—

2 State administrative costs eligible for funding

3 under paragraph (2)(F) shall be exempt from

4 the requirements of subparagraph (A).

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

6 To the extent practicable and consistent with the other

7 requirements of this section, a State should give consider8 ation to project proposals that provide for the redesign,

9 reconstruction, nonroutine maintenance, or relocation of

10 trails to benefit the natural environment or to mitigate

11 and minimize 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

15 cost of a project under this section shall not exceed

16 80 percent.

17 ‘‘(2) FEDERAL AGENCY PROJECT SPONSOR.—

18 Notwithstanding any other provision of law, a Fed19 eral agency that sponsors a project under this sec20 tion may contribute additional Federal funds toward

21 the cost of a project, except that—

22 ‘‘(A) the share attributable to the Sec23 retary of Transportation may not exceed 80

24 percent; and
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•S 1173 IS

1 ‘‘(B) the share attributable to the Sec2 retary and the Federal agency jointly may not

3 exceed 95 percent.

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

5 TO PROVIDE NON-FEDERAL SHARE.—Notwithstand6 ing any other provision of law, amounts made avail7 able by the Federal Government under any Federal

8 program 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

18 share of an individual project under this section if

19 the Federal share of the cost of all projects carried

20 out by the State under the program (excluding

21 projects funded under paragraph (2) or (3)) using

22 funds apportioned to the State for a fiscal year does

23 not exceed 80 percent.

24 ‘‘(5) STATE ADMINISTRATIVE COSTS.—The

25 Federal share of the administrative costs of a State
60

•S 1173 IS

1 under this subsection shall be determined in accord2 ance with 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

11 uses other than wilderness by an approved for12 est land and resource management plan or has

13 been released to uses other than wilderness by

14 an Act of Congress; and

15 ‘‘(B) the construction is otherwise consist16 ent with the management direction in the ap17 proved forest land and resource management

18 plan;

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

20 Bureau of Land Management land for any motor21 ized use unless the land—

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

23 than wilderness by an approved Bureau of

24 Land Management resource management plan
61

•S 1173 IS

1 or has been released to other uses by an Act of

2 Congress; and

3 ‘‘(B) the construction is otherwise consist4 ent with the management direction in the ap5 proved management plan; or

6 ‘‘(4) upgrading, expanding, or otherwise facili7 tating motorized use or access to trails predomi8 nantly used by nonmotorized trail users and on

9 which, as of May 1, 1991, motorized use is prohib10 ited or has not occurred.

11 ‘‘(h) PROJECT ADMINISTRATION.—

12 ‘‘(1) CREDIT FOR DONATIONS OF FUNDS, MA13 TERIALS, SERVICES, OR NEW RIGHT-OF-WAY.—

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

15 or other law shall prevent a project sponsor

16 from offering to donate funds, materials, serv17 ices, or a new right-of-way for the purposes of

18 a project eligible for assistance under this sec19 tion. Any funds, or the fair market value of any

20 materials, services, or new right-of-way, may be

21 donated by any project sponsor and shall be

22 credited to the non-Federal share in accordance

23 with subsection (f).

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

25 funds or the fair market value of any materials
62

•S 1173 IS

1 or services may be provided by a Federal

2 project sponsor and shall be credited to the

3 Federal agency’s share in accordance with sub4 section (f).

5 ‘‘(2) RECREATIONAL PURPOSE.—A project

6 funded under this section is intended to enhance rec7 reational opportunity and is not subject to section

8 138 of this title or section 303 of title 49.

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

10 option of each State, funds made available under

11 this section may be treated as Land and Water Con12 servation Fund apportionments for the purposes of

13 section 6(f)(3) of the Land and Water Conservation

14 Fund Act of 1965 (16 U.S.C. 460l–8(f)(3)).

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

16 ‘‘(A) WRITTEN ASSURANCES.—As a condi17 tion of making available apportionments for

18 work on recreational trails that would affect

19 privately owned land, a State shall obtain writ20 ten assurances that the owner of the property

21 will cooperate with the State and participate as

22 necessary in the activities to be conducted.

23 ‘‘(B) PUBLIC ACCESS.—Any use of the ap24 portionments to a State under this section on

25 private land must be accompanied by an ease-
63

•S 1173 IS

1 ment or other legally binding agreement that

2 ensures public access to the recreational trail

3 improvements funded by the apportionments.

4 ‘‘(i) APPORTIONMENT.—

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

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

7 that meets the requirements of subsection (c).

8 ‘‘(2) APPORTIONMENT.—Subject to subsection

9 (j), for each fiscal year, the Secretary shall appor10 tion—

11 ‘‘(A) 50 percent of the amounts made

12 available to carry out this section equally

13 among eligible States; and

14 ‘‘(B) 50 percent of the amounts made

15 available to carry out this section among eligi16 ble States in proportion to the quantity of non17 highway recreational fuel used in each eligible

18 State during the preceding year.

19 ‘‘(j) ADMINISTRATIVE COSTS.—

20 ‘‘(1) IN GENERAL.—Whenever an apportion21 ment is made under subsection (i) of the amounts

22 made available to carry out this section, the Sec23 retary shall first deduct an amount, not to exceed 1

24 percent of the authorized amounts, to pay the costs
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•S 1173 IS

1 to the Secretary for administration of, and research

2 authorized under, the program.

3 ‘‘(2) USE OF CONTRACTS.—To carry out re4 search funded under paragraph (1), the Secretary

5 may—

6 ‘‘(A) enter into contracts with for-profit

7 organizations; and

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

9 cooperative agreements with other government

10 agencies, institutions of higher learning, or non11 profit organizations.

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

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

14 from the Highway Trust Fund (other than the Mass

15 Transit Account) to carry out this section

16 $17,000,000 for fiscal year 1998, $20,000,000 for

17 fiscal year 1999, $22,000,000 for fiscal year 2000,

18 $23,000,000 for fiscal year 2001, $24,000,000 for

19 fiscal year 2002, and $25,000,000 for fiscal year

20 2003.

21 ‘‘(2) CONTRACT AUTHORITY.—Funds author22 ized under this subsection shall be available for obli23 gation in the same manner as if the funds were ap24 portioned under chapter 1, except that the Federal
65

•S 1173 IS

1 share of the cost of a project under this section shall

2 be determined in accordance with this section.’’.

3 (b) CONFORMING AMENDMENTS.—

4 (1) The Intermodal Surface Transportation Ef5 ficiency Act of 1991 is amended by striking part B

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

7 (2) The analysis for chapter 2 of title 23, Unit8 ed States Code, is amended by striking the item re9 lating to section 206 and inserting the following:

‘‘206. Recreational trails program.’’.

10 SEC. 1108. VALUE PRICING PILOT PROGRAM.

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

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

13 149 note; 105 Stat. 1938) is amended—

14 (1) in the subsection heading, by striking

15 ‘‘CONGESTION’’ and inserting ‘‘VALUE’’; and

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

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

18 (b) INCREASED NUMBER OF PROJECTS.—Section

19 1012(b)(1) of the Intermodal Surface Transportation Ef20 ficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938)

21 is amended in the second sentence by striking ‘‘5’’ and

22 inserting ‘‘15’’.

23 (c) ELIGIBILITY OF PREIMPLEMENTATION COSTS.—

24 Section 1012(b)(2) of the Intermodal Surface Transpor-
66

•S 1173 IS

1 tation Efficiency Act of 1991 (23 U.S.C. 149 note; 105

2 Stat. 1938) is amended in the second sentence—

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

4 the following: ‘‘all preimplementation costs and

5 project design, and’’; and

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

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

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

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

10 149 note; 105 Stat. 1938) is amended by striking ‘‘a pilot

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

12 such programs’’ and inserting ‘‘any value pricing pilot pro13 gram under this subsection’’.

14 (e) HOV PASSENGER REQUIREMENTS.—Section

15 1012(b) of the Intermodal Surface Transportation Effi16 ciency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938)

17 is amended by striking paragraph (6) and inserting the

18 following:

19 ‘‘(6) HOV PASSENGER REQUIREMENTS.—Not20 withstanding section 102 of title 23, United States

21 Code, a State may permit vehicles with fewer than

22 2 occupants to operate in high occupancy vehicle

23 lanes if the vehicles are part of a value pricing pilot

24 program under this subsection.’’.
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•S 1173 IS

1 (f) FUNDING.—Section 1012(b) of the Intermodal

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

3 149 note; 105 Stat. 1938) is amended by adding at the

4 end the following:

5 ‘‘(7) AUTHORIZATION OF CONTRACT AUTHOR6 ITY.—

7 ‘‘(A) IN GENERAL.—There shall be avail8 able from the Highway Trust Fund (other than

9 the Mass Transit Account) to carry out this

10 subsection $8,000,000 for each of fiscal years

11 1998 through 2003.

12 ‘‘(B) AVAILABILITY.—

13 ‘‘(i) IN GENERAL.—Funds allocated

14 by the Secretary to a State under this sub15 section shall remain available for obligation

16 by the State for a period of 3 years after

17 the last day of the fiscal year for which the

18 funds are authorized.

19 ‘‘(ii) USE OF UNALLOCATED

20 FUNDS.—If the total amount of funds

21 made available from the Highway Trust

22 Fund under this subsection but not allo23 cated exceeds $8,000,000 as of September

24 30 of any year, the excess amount—
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•S 1173 IS

1 ‘‘(I) shall be apportioned in the

2 following fiscal year by the Secretary

3 to all States in accordance with sec4 tion 104(b)(3) of title 23, United

5 States Code;

6 ‘‘(II) shall be considered to be a

7 sum made available for expenditure on

8 the surface transportation program,

9 except that the amount shall not be

10 subject to section 133(d) of that title;

11 and

12 ‘‘(III) shall be available for any

13 purpose eligible for funding under sec14 tion 133 of that title.

15 ‘‘(C) CONTRACT AUTHORITY.—Funds au16 thorized under this paragraph shall be available

17 for obligation in the same manner as if the

18 funds were apportioned under chapter 1 of title

19 23, United States Code, except that the Federal

20 share of the cost of any project under this sub21 section and the availability of funds authorized

22 by this paragraph shall be determined in ac23 cordance with this subsection.’’.

24 (g) CONFORMING AMENDMENTS.—Section 1012(b)

25 of the Intermodal Surface Transportation Efficiency Act
69

•S 1173 IS

1 of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) is amend2 ed—

3 (1) in paragraph (1), by striking ‘‘projects’’

4 each place it appears and inserting ‘‘programs’’; and

5 (2) in paragraph (5)—

6 (A) by striking ‘‘projects’’ and inserting

7 ‘‘programs’’; and

8 (B) by striking ‘‘traffic, volume’’ and in9 serting ‘‘traffic volume’’.

10 SEC. 1109. HIGHWAY USE TAX EVASION PROJECTS.

11 (a) IN GENERAL.—Section 143 of title 23, United

12 States Code, is amended to read as follows:

13 ‘‘§ 143. Highway use tax evasion projects

14 ‘‘(a) DEFINITION OF STATE.—In this section, the

15 term ‘State’ means the 50 States and the District of Co16 lumbia.

17 ‘‘(b) PROJECTS.—

18 ‘‘(1) IN GENERAL.—The Secretary shall use

19 funds made available under paragraph (7) to carry

20 out highway use tax evasion projects in accordance

21 with this subsection.

22 ‘‘(2) ALLOCATION OF FUNDS.—The funds may

23 be allocated to the Internal Revenue Service and the

24 States at the discretion of the Secretary.
70

•S 1173 IS

1 ‘‘(3) CONDITIONS ON FUNDS ALLOCATED TO IN2 TERNAL REVENUE SERVICE.—The Secretary shall

3 not impose any condition on the use of funds allo4 cated to the Internal Revenue Service under this

5 subsection.

6 ‘‘(4) LIMITATION ON USE OF FUNDS.—Funds

7 made available under paragraph (7) shall be used

8 only—

9 ‘‘(A) to expand efforts to enhance motor

10 fuel tax enforcement;

11 ‘‘(B) to fund additional Internal Revenue

12 Service staff, but only to carry out functions

13 described in this paragraph;

14 ‘‘(C) to supplement motor fuel tax exami15 nations and criminal investigations;

16 ‘‘(D) to develop automated data processing

17 tools to monitor motor fuel production and

18 sales;

19 ‘‘(E) to evaluate and implement registra20 tion and reporting requirements for motor fuel

21 taxpayers;

22 ‘‘(F) to reimburse State expenses that sup23 plement existing fuel tax compliance efforts;

24 and
71

•S 1173 IS

1 ‘‘(G) to analyze and implement programs

2 to reduce tax evasion associated with other

3 highway use taxes.

4 ‘‘(5) MAINTENANCE OF EFFORT.—The Sec5 retary may not make an allocation to a State under

6 this subsection for a fiscal year unless the State cer7 tifies that the aggregate expenditure of funds of the

8 State, exclusive of Federal funds, for motor fuel tax

9 enforcement activities will be maintained at a level

10 that does not fall below the average level of such ex11 penditure for the preceding 2 fiscal years of the

12 State.

13 ‘‘(6) FEDERAL SHARE.—The Federal share of

14 the cost of a project carried out under this sub15 section shall be 100 percent.

16 ‘‘(7) AUTHORIZATION OF CONTRACT AUTHOR17 ITY.—

18 ‘‘(A) IN GENERAL.—There shall be avail19 able to the Secretary from the Highway Trust

20 Fund (other than the Mass Transit Account) to

21 carry out this subsection $5,000,000 for each of

22 fiscal years 1998 through 2003.

23 ‘‘(B) AVAILABILITY OF FUNDS.—Funds

24 authorized under this paragraph shall remain

25 available for obligation for a period of 1 year
72

•S 1173 IS

1 after the last day of the fiscal year for which

2 the funds are authorized.

3 ‘‘(c) EXCISE FUEL REPORTING SYSTEM.—

4 ‘‘(1) IN GENERAL.—Not later than April 1,

5 1998, the Secretary shall enter into a memorandum

6 of understanding with the Commissioner of the In7 ternal Revenue Service for the purposes of the devel8 opment and maintenance by the Internal Revenue

9 Service of an excise fuel reporting system (referred

10 to in this subsection as the ‘system’).

11 ‘‘(2) ELEMENTS OF MEMORANDUM OF UNDER12 STANDING.—The memorandum of understanding

13 shall provide that—

14 ‘‘(A) the Internal Revenue Service shall de15 velop and maintain the system through con16 tracts;

17 ‘‘(B) the system shall be under the control

18 of the Internal Revenue Service; and

19 ‘‘(C) the system shall be made available for

20 use by appropriate State and Federal revenue,

21 tax, or law enforcement authorities, subject to

22 section 6103 of the Internal Revenue Code of

23 1986.

24 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS

25 FROM HIGHWAY TRUST FUND.—There are author-
73

•S 1173 IS

1 ized to be appropriated to the Secretary from the

2 Highway Trust Fund (other than the Mass Transit

3 Account) to carry out this subsection—

4 ‘‘(A) $8,000,000 for development of the

5 system; and

6 ‘‘(B) $2,000,000 for each of fiscal years

7 1998 through 2003 for operation and mainte8 nance of the system.’’.

9 (b) CONFORMING AMENDMENTS.—

10 (1) The analysis for chapter 1 of title 23, Unit11 ed States Code, is amended by striking the item re12 lating to section 143 and inserting the following:

‘‘143. Highway use tax evasion projects.’’.

13 (2) Section 1040 of the Intermodal Surface

14 Transportation Efficiency Act of 1991 (23 U.S.C.

15 101 note; 105 Stat. 1992) is repealed.

16 (3) Section 8002 of the Intermodal Surface

17 Transportation Efficiency Act of 1991 (23 U.S.C.

18 101 note; 105 Stat. 2204) is amended—

19 (A) in the first sentence of subsection (g),

20 by striking ‘‘section 1040 of this Act’’ and in21 serting ‘‘section 143 of title 23, United States

22 Code,’’; and

23 (B) by striking subsection (h).
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1 SEC. 1110. BICYCLE TRANSPORTATION AND PEDESTRIAN

2 WALKWAYS.

3 Section 217 of title 23, United States Code, is

4 amended—

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

11 a 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

21 facilities and pedestrian walkways shall be consid22 ered, where appropriate, in conjunction with all new

23 construction and reconstruction of transportation fa24 cilities, except where bicycle and pedestrian use are

25 not permitted.
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•S 1173 IS

1 ‘‘(3) SAFETY AND CONTIGUOUS ROUTES.—

2 Transportation plans and projects shall provide con3 sideration for safety and contiguous routes for

4 bicyclists 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 insert10 ing 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.—

16 The term ‘bicycle transportation facility’ means a

17 new or improved lane, path, or shoulder for use by

18 bicyclists or a traffic control device, shelter, or park19 ing facility for bicycles.

20 ‘‘(2) PEDESTRIAN.—The term ‘pedestrian’

21 means any person traveling by foot or any mobility

22 impaired person using a wheelchair.

23 ‘‘(3) WHEELCHAIR.—The term ‘wheelchair’

24 means a mobility aid, usable indoors, and designed
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•S 1173 IS

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

6 of the amounts made available for any program under ti7 tles I and II 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

20 of $16,600,000, as adjusted by the Secretary for in21 flation.

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
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1 Business Act (15 U.S.C. 637(d)) and relevant sub2 contracting regulations promulgated pursuant there3 to; except that women shall be presumed to be so4 cially and economically disadvantaged individuals for

5 purposes 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

9 in paragraph (1) and the location of such concerns in the

10 State and notify the Secretary, in writing, of the percent11 age of such concerns which are controlled by women, by

12 socially and economically disadvantaged individuals (other

13 than women), and by individuals who are women and are

14 otherwise socially and economically disadvantaged individ15 uals.

16 (d) UNIFORM CERTIFICATION.—The Secretary shall

17 establish minimum uniform criteria for State governments

18 to use in certifying whether a concern qualifies for pur19 poses of this section. Such minimum uniform criteria shall

20 include but not be limited to on-site visits, personal inter21 views, licenses, analysis of stock ownership, listing of

22 equipment, analysis of bonding capacity, listing of work

23 completed, resume of principal owners, financial capacity,

24 and type of work preferred.
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1 SEC. 1112. FEDERAL SHARE PAYABLE.

2 Section 120 of title 23, United States Code (as

3 amended by section 1106(a)), is amended—

4 (1) in each of subsections (a) and (b), by add5 ing at the end the following: ‘‘In the case of any

6 project subject to this subsection, a State may deter7 mine a lower Federal share than the Federal share

8 determined under the preceding sentences of this

9 subsection.’’; and

10 (2) by adding at the end the following:

11 ‘‘(l) CREDIT FOR NON-FEDERAL SHARE.—

12 ‘‘(1) ELIGIBILITY.—A State may use as a cred13 it toward the non-Federal share requirement for any

14 program under the Intermodal Surface Transpor15 tation Efficiency Act of 1991 (Public Law 102–240)

16 or this title, other than the emergency relief pro17 gram authorized by section 125, toll revenues that

18 are generated and used by public, quasi-public, and

19 private agencies to build, improve, or maintain, with20 out the use of Federal funds, highways, bridges, or

21 tunnels that serve the public purpose of interstate

22 commerce.

23 ‘‘(2) MAINTENANCE OF EFFORT.—

24 ‘‘(A) IN GENERAL.—The credit toward any

25 non-Federal share under paragraph (1) shall

26 not reduce nor replace State funds required to
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1 match Federal funds for any program under

2 this title.

3 ‘‘(B) CONDITIONS ON RECEIPT OF CRED4 IT.—

5 ‘‘(i) AGREEMENT WITH THE SEC6 RETARY.—To receive a credit under para7 graph (1) for a fiscal year, a State shall

8 enter into such agreements as the Sec9 retary may require to ensure that the

10 State will maintain its non-Federal trans11 portation capital expenditures at or above

12 the average level of such expenditures for

13 the preceding 3 fiscal years.

14 ‘‘(ii) EXCEPTION.—Notwithstanding

15 clause (i), a State may receive a credit

16 under paragraph (1) for a fiscal year if,

17 for any 1 of the preceding 3 fiscal years,

18 the non-Federal transportation capital ex19 penditures of the State were at a level that

20 was greater than 25 percent of the average

21 level of such expenditures for the other 2

22 of the preceding 3 fiscal years.

23 ‘‘(3) TREATMENT.—

24 ‘‘(A) IN GENERAL.—Use of the credit to25 ward a non-Federal share under paragraph (1)
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1 shall not expose the agencies from which the

2 credit is received to additional liability, addi3 tional regulation, or additional administrative

4 oversight.

5 ‘‘(B) CHARTERED MULTISTATE AGEN6 CIES.—When credit is applied from a chartered

7 multistate agency under paragraph (1), the

8 credit shall be applied equally to all charter

9 States.

10 ‘‘(C) NO ADDITIONAL STANDARDS.—The

11 public, quasi-public, and private agencies from

12 which the credit for which the non-Federal

13 share is calculated under paragraph (1) shall

14 not be subject to any additional Federal design

15 standards or laws (including regulations) as a

16 result of providing the credit beyond the stand17 ards and laws to which the agency is already

18 subject.’’.

19 SEC. 1113. STUDIES AND REPORTS.

20 (a) HIGHWAY ECONOMIC REQUIREMENT SYSTEM.—

21 (1) METHODOLOGY.—

22 (A) EVALUATION.—The Comptroller Gen23 eral of the United States shall conduct an eval24 uation of the methodology used by the Depart25 ment of Transportation to determine highway
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1 needs using the highway economic requirement

2 system (referred to in this subsection as the

3 ‘‘model’’).

4 (B) REQUIRED ELEMENT.—The evaluation

5 shall include an assessment of the extent to

6 which the model estimates an optimal level of

7 highway infrastructure investment, including an

8 assessment as to when the model may be over9 estimating or underestimating investment re10 quirements.

11 (C) REPORT TO CONGRESS.—Not later

12 than 2 years after the date of enactment of this

13 Act, the Comptroller General shall submit a re14 port to Congress on the results of the evalua15 tion.

16 (2) STATE INVESTMENT PLANS.—

17 (A) STUDY.—In consultation with State

18 transportation departments and other appro19 priate State and local officials, the Comptroller

20 General of the United States shall conduct a

21 study on the extent to which the highway eco22 nomic requirement system of the Federal High23 way Administration can be used to provide

24 States with useful information for developing
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•S 1173 IS

1 State transportation investment plans and

2 State infrastructure investment projections.

3 (B) REQUIRED ELEMENTS.—The study

4 shall—

5 (i) identify any additional data that

6 may need to be collected beyond the data

7 submitted, prior to the date of enactment

8 of this Act, to the Federal Highway Ad9 ministration through the highway perform10 ance monitoring system; and

11 (ii) identify what additional work, if

12 any, would be required of the Federal

13 Highway Administration and the States to

14 make the model useful at the State level.

15 (C) REPORT TO CONGRESS.—Not later

16 than 3 years after the date of enactment of this

17 Act, the Comptroller General shall submit a re18 port to Congress on the results of the study.

19 (b) INTERNATIONAL ROUGHNESS INDEX.—

20 (1) STUDY.—The Comptroller General of the

21 United States shall submit a report to Congress on

22 the international roughness index that is used as an

23 indicator of pavement quality on the Federal-aid

24 highway system.
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1 (2) REQUIRED ELEMENTS.—The study shall

2 specify the extent of usage of the index and the ex3 tent to which the international roughness index

4 measurement is reliable across different manufactur5 ers and types of pavement.

6 (3) REPORT TO CONGRESS.—Not later than 2

7 years after the date of enactment of this Act, the

8 Comptroller General shall submit a report to Con9 gress on the results of the study.

10 (c) REPORTING OF RATES OF OBLIGATION.—Section

11 104 of title 23, United States Code, is amended—

12 (1) by redesignating subsection (j) as sub13 section (m); and

14 (2) by inserting after subsection (i) the follow15 ing:

16 ‘‘(j) REPORTING OF RATES OF OBLIGATION.—On an

17 annual basis, the Secretary shall publish or otherwise re18 port rates of obligation of funds apportioned or set aside

19 under this section and sections 103 and 133 according

20 to—

21 ‘‘(1) program;

22 ‘‘(2) funding category or subcategory;

23 ‘‘(3) type of improvement;

24 ‘‘(4) State; and
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1 ‘‘(5) sub-State geographic area, including ur2 banized and rural areas, on the basis of the popu3 lation of each such area.’’.

4 SEC. 1114. DEFINITIONS.

5 (a) FEDERAL-AID HIGHWAY FUNDS AND PRO6 GRAM.—

7 (1) IN GENERAL.—Section 101(a) of title 23,

8 United States Code, is amended by inserting before

9 the undesignated paragraph defining ‘‘Federal-aid

10 highways’’ the following:

11 ‘‘The term ‘Federal-aid highway funds’ means funds

12 made available to carry out the Federal-aid highway pro13 gram.

14 ‘‘The term ‘Federal-aid highway program’ means all

15 programs authorized under chapters 1, 3, and 5.’’.

16 (2) CONFORMING AMENDMENTS.—

17 (A) Section 101(d) of title 23, United

18 States Code, is amended by striking ‘‘the con19 struction of Federal-aid highways or highway

20 planning, research, or development’’ and insert21 ing ‘‘the Federal-aid highway program’’.

22 (B) Section 104(m)(1) of title 23, United

23 States Code (as redesignated by section

24 1113(c)(1)), is amended by striking ‘‘Federal25 aid highways and the highway safety construc-
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•S 1173 IS

1 tion programs’’ and inserting ‘‘the Federal-aid

2 highway program’’.

3 (C) Section 107(b) of title 23, United

4 States Code, is amended in the second sentence

5 by striking ‘‘Federal-aid highways’’ and insert6 ing ‘‘the Federal-aid highway program’’.

7 (b) ALPHABETIZATION OF DEFINITIONS.—Section

8 101(a) of title 23, United States Code, is amended by re9 ordering the undesignated paragraphs so that they are in

10 alphabetical order.

11 SEC. 1115. COOPERATIVE FEDERAL LANDS TRANSPOR12 TATION PROGRAM.

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

14 States Code (as amended by section 1107(a)), is amended

15 by inserting after section 206 the following:

16 ‘‘§ 207. Cooperative Federal Lands Transportation

17 Program

18 ‘‘(a) IN GENERAL.—There is established the Cooper19 ative Federal Lands Transportation Program (referred to

20 in this section as the ‘program’). Funds available for the

21 program may be used for projects, or portions of projects,

22 on highways that are owned or maintained by States or

23 political subdivisions of States and that cross, are adjacent

24 to, or lead to federally owned land or Indian reservations,

25 as determined by the State. Such projects shall be pro-
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•S 1173 IS

1 posed by a State and selected by the Secretary. A project

2 proposed by a State under this section shall be on a high3 way or bridge owned or maintained by the State, or 1 or

4 more political subdivisions of the State, and may be a

5 highway or bridge construction or maintenance project eli6 gible under this title or any project of a type described

7 in section 204(h).

8 ‘‘(b) DISTRIBUTION OF FUNDS FOR PROJECTS.—

9 ‘‘(1) IN GENERAL.—

10 ‘‘(A) IN GENERAL.—The Secretary—

11 ‘‘(i) after consultation with the Ad12 ministrator of General Services, the Sec13 retary of the Interior, and other agencies

14 as appropriate, shall determine the per15 centage of the total land in each State that

16 is owned by the Federal Government or

17 that is held by the Federal Government in

18 trust;

19 ‘‘(ii) shall determine the sum of the

20 percentages determined under clause (i)

21 for States with respect to which the per22 centage is 4.5 or greater; and

23 ‘‘(iii) shall determine for each State

24 included in the determination under clause

25 (ii) the percentage obtained by dividing—
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•S 1173 IS

1 ‘‘(I) the percentage for the State

2 determined under clause (i); by

3 ‘‘(II) the sum determined under

4 clause (ii).

5 ‘‘(B) ADJUSTMENT.—The Secretary

6 shall—

7 ‘‘(i) reduce any percentage determined

8 under subparagraph (A)(iii) that is greater

9 than 7.5 percent to 7.5 percent; and

10 ‘‘(ii) redistribute the percentage

11 points equal to any reduction under clause

12 (i) among other States included in the de13 termination under subparagraph (A)(ii) in

14 proportion to the percentages for those

15 States determined under subparagraph

16 (A)(iii).

17 ‘‘(2) AVAILABILITY TO STATES.—Except as

18 provided in paragraph (3), for each fiscal year, the

19 Secretary shall make funds available to carry out eli20 gible projects in a State in an amount equal to the

21 amount obtained by multiplying—

22 ‘‘(A) the percentage for the State, if any,

23 determined under paragraph (1); by

24 ‘‘(B) the funds made available for the pro25 gram for the fiscal year.
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•S 1173 IS

1 ‘‘(3) SELECTION OF PROJECTS.—The Secretary

2 may establish deadlines for States to submit pro3 posed projects for funding under this section, except

4 that in the case of fiscal year 1998 the deadline may

5 not be earlier than January 1, 1998. For each fiscal

6 year, if a State does not have pending, by that dead7 line, applications for projects with an estimated cost

8 equal to at least 3 times the amount for the State

9 determined under paragraph (2), the Secretary may

10 distribute, to 1 or more other States, at the Secretary’s discretion, 1 11 ⁄3 of the amount by which the

12 estimated cost of the State’s applications is less than

13 3 times the amount for the State determined under

14 paragraph (2).

15 ‘‘(c) TRANSFERS.—

16 ‘‘(1) IN GENERAL.—Notwithstanding any other

17 provision of law, a State and the Secretary may

18 agree to transfer amounts made available to a State

19 under this section to the allocations of the State

20 under section 202 for use in carrying out projects on

21 any Federal lands highway that is located in the

22 State.

23 ‘‘(2) SPECIAL RULE.—This paragraph applies

24 to a State that contains a national park that was

25 visited by more than 2,500,000 people in 1996 and
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•S 1173 IS

1 comprises more than 3,000 square miles of land

2 area, including surface water, that is located in the

3 State. For such a State, 50 percent of the amount

4 that would otherwise be made available to the State

5 for each fiscal year under the program shall be made

6 available only for eligible highway uses in the na7 tional park and within the borders of the State. For

8 the purpose of making allocations under section

9 202(c), the Secretary may not take into account the

10 past or future availability, for use on park roads and

11 parkways in a national park, of funds made avail12 able for use in a national park by this paragraph.

13 ‘‘(d) RIGHTS-OF-WAY ACROSS FEDERAL LAND.—

14 Nothing in this section affects any claim for a right-of15 way across Federal land.

16 ‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—

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

18 from the Highway Trust Fund (other than the Mass

19 Transit Account) to carry out this section

20 $74,000,000 for each of fiscal years 1998 through

21 2003.

22 ‘‘(2) CONTRACT AUTHORITY.—Funds author23 ized under this subsection shall be made available

24 for obligation in the same manner as if the funds

25 were apportioned under chapter 1.’’.
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1 (b) CONFORMING AMENDMENT.—The analysis for

2 chapter 2 of title 23, United States Code, is amended by

3 striking the item relating to section 207 and inserting the

4 following:

‘‘207. Cooperative Federal Lands Transportation Program.’’.

5 SEC. 1116. TRADE CORRIDOR AND BORDER CROSSING

6 PLANNING.

7 (a) DEFINITIONS.—In this section:

8 (1) BORDER REGION.—The term ‘‘border re9 gion’’ means—

10 (A) the region located within 60 miles of

11 the United States border with Mexico; and

12 (B) the region located within 60 miles of

13 the United States border with Canada.

14 (2) BORDER STATE.—The term ‘‘border State’’

15 means a State of the United States that—

16 (A) is located along the border with Mex17 ico; or

18 (B) is located along the border with Can19 ada.

20 (3) BORDER STATION.—The term ‘‘border sta21 tion’’ means a controlled port of entry into the Unit22 ed States located in the United States at the border

23 with Mexico or Canada, consisting of land occupied

24 by the station and the buildings, roadways, and

25 parking lots on the land.
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1 (4) FEDERAL INSPECTION AGENCY.—The term

2 ‘‘Federal inspection agency’’ means a Federal agen3 cy responsible for the enforcement of immigration

4 laws (including regulations), customs laws (including

5 regulations), and agriculture import restrictions, in6 cluding the United States Customs Service, the Im7 migration and Naturalization Service, the Animal

8 and Plant Health Inspection Service, the Food and

9 Drug Administration, the United States Fish and

10 Wildlife Service, and the Department of State.

11 (5) GATEWAY.—The term ‘‘gateway’’ means a

12 grouping of border stations defined by proximity and

13 similarity of trade.

14 (6) NON-FEDERAL GOVERNMENTAL JURISDIC15 TION.—The term ‘‘non-Federal governmental juris16 diction’’ means a regional, State, or local authority

17 involved in the planning, development, provision, or

18 funding of transportation infrastructure needs.

19 (b) BORDER CROSSING PLANNING INCENTIVE

20 GRANTS.—

21 (1) IN GENERAL.—The Secretary shall make in22 centive grants to States and to metropolitan plan23 ning organizations designated under section 134 of

24 title 23, United States Code.
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1 (2) USE OF GRANTS.—The grants shall be used

2 to encourage joint transportation planning activities

3 and to improve people and vehicle movement into

4 and through international gateways as a supplement

5 to statewide and metropolitan transportation plan6 ning funding made available under other provisions

7 of this Act and under title 23, United States Code.

8 (3) CONDITION OF GRANTS.—As a condition of

9 receiving a grant under paragraph (1), a State

10 transportation department or a metropolitan plan11 ning organization shall certify to the Secretary that

12 it commits to be engaged in joint planning with its

13 counterpart agency in Mexico or Canada.

14 (4) LIMITATION ON AMOUNT.—Each State

15 transportation department or metropolitan planning

16 organization may receive not more than $100,000

17 under this subsection for any fiscal year.

18 (5) AUTHORIZATION OF CONTRACT AUTHOR19 ITY.—

20 (A) IN GENERAL.—There shall be available

21 from the Highway Trust Fund (other than the

22 Mass Transit Account) to carry out this sub23 section $1,400,000 for each of fiscal years 1998

24 through 2003.
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1 (B) CONTRACT AUTHORITY.—Funds au2 thorized under this subsection shall be available

3 for obligation in the same manner as if the

4 funds were apportioned under chapter 1 of title

5 23, United States Code, except that the Federal

6 share of the cost of a project under this sub7 section shall be determined in accordance with

8 subsection (f).

9 (c) TRADE CORRIDOR PLANNING INCENTIVE

10 GRANTS.—

11 (1) GRANTS.—

12 (A) IN GENERAL.—The Secretary shall

13 make grants to States to encourage, within the

14 framework of the statewide transportation plan15 ning process of the State under section 135 of

16 title 23, United States Code, cooperative

17 multistate corridor analysis of, and planning

18 for, the safe and efficient movement of goods

19 along and within international or interstate

20 trade corridors of national importance.

21 (B) IDENTIFICATION OF CORRIDORS.—

22 Each corridor referred to in subparagraph (A)

23 shall be cooperatively identified by the States

24 along the corridor.

25 (2) CORRIDOR PLANS.—
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1 (A) IN GENERAL.—As a condition of re2 ceiving a grant under paragraph (1), a State

3 shall enter into an agreement with the Sec4 retary that specifies that, in cooperation with

5 the other States along the corridor, the State

6 will submit a plan for corridor improvements to

7 the Secretary not later than 2 years after re8 ceipt of the grant.

9 (B) COORDINATION OF PLANNING.—Plan10 ning with respect to a corridor under this sub11 section shall be coordinated with transportation

12 planning being carried out by the States and

13 metropolitan planning organizations along the

14 corridor and, to the extent appropriate, with

15 transportation planning being carried out by

16 Federal land management agencies, by tribal

17 governments, or by government agencies in

18 Mexico or Canada.

19 (3) MULTISTATE AGREEMENTS FOR TRADE

20 CORRIDOR PLANNING.—The consent of Congress is

21 granted to any 2 or more States—

22 (A) to enter into multistate agreements,

23 not in conflict with any law of the United

24 States, for cooperative efforts and mutual as-
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•S 1173 IS

1 sistance in support of interstate trade corridor

2 planning activities; and

3 (B) to establish such agencies, joint or oth4 erwise, as the States may determine desirable

5 to make the agreements effective.

6 (4) 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) to carry out this sub11 section $3,000,000 for each of fiscal years 1998

12 through 2003.

13 (B) CONTRACT AUTHORITY.—Funds au14 thorized under this subsection shall be available

15 for obligation in the same manner as if the

16 funds were apportioned under chapter 1 of title

17 23, United States Code, except that the Federal

18 share of the cost of a project under this sub19 section shall be determined in accordance with

20 subsection (f).

21 (d) FEDERAL ASSISTANCE FOR TRADE CORRIDORS

22 AND BORDER INFRASTRUCTURE SAFETY AND CONGES23 TION RELIEF.—

24 (1) APPLICATIONS FOR GRANTS.—The Sec25 retary shall make grants to States or metropolitan
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•S 1173 IS

1 planning organizations that submit an application

2 that—

3 (A) demonstrates need for assistance in

4 carrying out transportation projects that are

5 necessary to relieve traffic congestion or im6 prove enforcement of motor carrier safety laws;

7 and

8 (B) includes strategies to involve both the

9 public and private sectors in the proposed

10 project.

11 (2) SELECTION OF STATES, METROPOLITAN

12 PLANNING ORGANIZATIONS, AND PROJECTS TO RE13 CEIVE GRANTS.—In selecting States, metropolitan

14 planning organizations, and projects to receive

15 grants under this subsection, the Secretary shall

16 consider—

17 (A) the annual volume of commercial vehi18 cle traffic at the border stations or ports of

19 entry of each State as compared to the annual

20 volume of commercial vehicle traffic at the bor21 der stations or ports of entry of all States;

22 (B) the extent to which commercial vehicle

23 traffic in each State has grown since the date

24 of enactment of the North American Free

25 Trade Agreement Implementation Act (Public
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•S 1173 IS

1 Law 103–182) as compared to the extent to

2 which that traffic has grown in each other

3 State;

4 (C) the extent of border transportation im5 provements carried out by each State since the

6 date of enactment of that Act;

7 (D) the reduction in commercial and other

8 travel time through a major international gate9 way expected as a result of the project;

10 (E) the extent of leveraging of Federal

11 funds provided under this subsection, includ12 ing—

13 (i) use of innovative financing;

14 (ii) combination with funding provided

15 under other sections of this Act and title

16 23, United States Code; and

17 (iii) combination with other sources of

18 Federal, State, local, or private funding;

19 (F) improvements in vehicle and highway

20 safety and cargo security in and through the

21 gateway concerned;

22 (G) the degree of demonstrated coordina23 tion with Federal inspection agencies; and

24 (H) the extent to which the innovative and

25 problem solving techniques of the proposed
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•S 1173 IS

1 project would be applicable to other border sta2 tions or ports of entry;

3 (I) demonstrated local commitment to im4 plement and sustain continuing comprehensive

5 border planning processes and improvement

6 programs; and

7 (J) other factors to promote transport effi8 ciency and safety, as determined by the Sec9 retary.

10 (3) USE OF GRANTS.—

11 (A) IN GENERAL.—A grant under this sub12 section shall be used to develop project plans,

13 and implement coordinated and comprehensive

14 programs of projects, to improve efficiency and

15 safety.

16 (B) TYPE OF PLANS AND PROGRAMS.—

17 The plans and programs may include—

18 (i) improvements to transport and

19 supporting infrastructure;

20 (ii) improvements in operational strat21 egies, including electronic data interchange

22 and use of telecommunications to expedite

23 vehicle and cargo movement;

24 (iii) modifications to regulatory proce25 dures to expedite vehicle and cargo flow;
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•S 1173 IS

1 (iv) new infrastructure construction;

2 (v) purchase, installation, and mainte3 nance of weigh-in-motion devices and asso4 ciated electronic equipment in Mexico or

5 Canada if real time data from the devices

6 is provided to the nearest border station

7 and to State commercial vehicle enforce8 ment facilities that serve the border sta9 tion; and

10 (vi) other institutional improvements,

11 such as coordination of binational plan12 ning, programming, and border operation,

13 with special emphasis on coordination

14 with—

15 (I) Federal inspection agencies;

16 and

17 (II) their counterpart agencies in

18 Mexico and Canada.

19 (4) CONSTRUCTION OF TRANSPORTATION IN20 FRASTRUCTURE FOR LAW ENFORCEMENT PUR21 POSES.—At the request of the Administrator of Gen22 eral Services, in consultation with the Attorney Gen23 eral, the Secretary may transfer, during the period

24 of fiscal years 1998 through 2001, not more than

25 $10,000,000 of the amounts made available under
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1 paragraph (5) to the Administrator of General Serv2 ices for the construction of transportation infra3 structure necessary for law enforcement in border

4 States.

5 (5) AUTHORIZATION OF APPROPRIATIONS.—

6 There is authorized to be appropriated to carry out

7 this subsection $125,000,000 for each of fiscal years

8 1998 through 2003.

9 (e) COORDINATION OF PLANNING.—

10 (1) PLANNING AND DEVELOPMENT OF BORDER

11 STATIONS.—The General Services Administration

12 shall be the coordinating Federal agency in the plan13 ning and development of new or expanded border

14 stations.

15 (2) COOPERATIVE ACTIVITIES.—In carrying out

16 paragraph (1), the Administrator of General Serv17 ices shall cooperate with Federal inspection agencies

18 and non-Federal governmental jurisdictions to en19 sure that—

20 (A) improvements to border station facili21 ties take into account regional and local condi22 tions, including the alignment of highway sys23 tems and connecting roadways; and

24 (B) all facility requirements, associated

25 costs, and economic impacts are identified.
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1 (f) COST SHARING.—A grant under this section shall

2 be used to pay the Federal share of the cost of a project.

3 The Federal share shall not exceed 80 percent.

4 (g) USE OF UNALLOCATED FUNDS.—If the total

5 amount of funds made available from the Highway Trust

6 Fund under this section but not allocated exceeds

7 $4,000,000 as of September 30 of any year, the excess

8 amount—

9 (1) shall be apportioned in the following fiscal

10 year by the Secretary to all States in accordance

11 with section 104(b)(3) of title 23, United States

12 Code;

13 (2) shall be considered to be a sum made avail14 able for expenditure on the surface transportation

15 program, except that the amount shall not be sub16 ject to section 133(d) of that title; and

17 (3) shall be available for any purpose eligible

18 for funding under section 133 of that title.

19 SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYS20 TEM.

21 (a) AVAILABILITY, RELEASE, AND REALLOCATION OF

22 FUNDS.—Section 201(a) of the Appalachian Regional De23 velopment Act of 1965 (40 U.S.C. App.) is amended—

24 (1) in the second sentence, by inserting before

25 the period at the end the following: ‘‘, except that
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1 each allocation to a State shall remain available for

2 expenditure in the State for the fiscal year in which

3 the allocation is allocated and for the 3 following fis4 cal years’’; and

5 (2) by inserting after the second sentence the

6 following: ‘‘Funds authorized under this section for

7 fiscal year 1998 or a fiscal year thereafter, and not

8 expended by a State during the 4 fiscal years re9 ferred to in the preceding sentence, shall be released

10 to the Commission for reallocation.’’.

11 (b) SUBSTITUTE CORRIDOR.—Section 201(b) of the

12 Appalachian Regional Development Act of 1965 (40

13 U.S.C. App.) is amended—

14 (1) by redesignating paragraphs (1) through

15 (4) as subparagraphs (A) through (D), respectively;

16 (2) by striking ‘‘(b) The Commission’’ and in17 serting the following:

18 ‘‘(b) DESIGNATIONS.—

19 ‘‘(1) IN GENERAL.—The Commission’’; and

20 (3) by adding at the end the following:

21 ‘‘(2) SUBSTITUTE CORRIDOR.—In lieu of Cor22 ridor H in Virginia, the Appalachian development

23 highway system shall include the Virginia portion of

24 the segment identified in section 332(a)(29) of the
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1 National Highway System Designation Act of 1995

2 (Public Law 104–59; 109 Stat. 597).

3 (c) FEDERAL SHARE FOR PREFINANCED

4 PROJECTS.—Section 201(h)(1) of the Appalachian Re5 gional Development Act of 1965 (40 U.S.C. App.) is

6 amended by striking ‘‘70 per centum’’ and inserting ‘‘80

7 percent’’.

8 (d) AUTHORIZATION OF CONTRACT AUTHORITY.—

9 Section 201(g) of the Appalachian Regional Development

10 Act of 1965 (40 U.S.C. App.) is amended by striking sub11 section (g) and inserting the following:

12 ‘‘(g) AUTHORIZATION OF CONTRACT AUTHORITY.—

13 ‘‘(1) IN GENERAL.—

14 ‘‘(A) FISCAL YEARS 1998 THROUGH 2003.—

15 For the continued construction of the Appalach16 ian development highway system approved as of

17 September 30, 1996, in accordance with this

18 section, there shall be available from the High19 way Trust Fund (other than the Mass Transit

20 Account) $40,000,000 for each of fiscal years

21 1998 through 2000, $50,000,000 for fiscal year

22 2001, $60,000,000 for fiscal year 2002, and

23 $70,000,000 for fiscal year 2003.

24 ‘‘(B) OBLIGATION AUTHORITY.—The Sec25 retary shall provide equivalent amounts of obli-
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1 gation authority for the funds authorized under

2 subparagraph (A).

3 ‘‘(2) CONTRACT AUTHORITY.—Funds author4 ized under this subsection shall be available for obli5 gation in the same manner as if the funds were ap6 portioned under chapter 1 of title 23, United States

7 Code, except that the Federal share shall be deter8 mined in accordance with this section and the funds

9 shall remain available in accordance with subsection

10 (a).’’.

11 SEC. 1118. INTERSTATE 4R AND BRIDGE DISCRETIONARY

12 PROGRAM.

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

14 States Code (as amended by section 1113(c)(1)), is

15 amended by inserting after subsection (j) the following:

16 ‘‘(k) SET-ASIDE FOR INTERSTATE 4R AND BRIDGE

17 PROJECTS.—

18 ‘‘(1) IN GENERAL.—For each of fiscal years

19 1998 through 2003, before any apportionment is

20 made under subsection (b)(1), the Secretary shall

21 set aside $70,000,000 from amounts to be appor22 tioned under subsection (b)(1)(A), and $70,000,000

23 from amounts to be apportioned under subsection

24 (b)(1)(B), for allocation by the Secretary—
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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

5 of the Interstate System under section

6 103(c)(4) and any toll road on the Interstate

7 System that is not subject to an agreement

8 under section 119(e) (as in effect on December

9 17, 1991) or an agreement under section

10 129(a));

11 ‘‘(B) for projects for a highway bridge the

12 replacement or rehabilitation cost of which is

13 more than $10,000,000; and

14 ‘‘(C) for projects for a highway bridge the

15 replacement or rehabilitation cost of which is

16 less than $10,000,000 if the cost is at least

17 twice the amount reserved under section 144(c)

18 by the State in which the bridge is located for

19 the fiscal year in which application is made for

20 a grant for the bridge.

21 ‘‘(2) AVAILABILITY TO STATES OF INTERSTATE

22 4R FUNDS.—The Secretary may grant the applica23 tion of a State for funds made available for a fiscal

24 year for a project described in paragraph (1)(A) if

25 the Secretary determines that—
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1 ‘‘(A) the State has obligated or dem2 onstrates that it will obligate for the fiscal year

3 all of the apportionments to the State under

4 subparagraphs (A) and (B) of subsection (b)(1)

5 other than an amount that, by itself, is insuffi6 cient to pay the Federal share of the cost of a

7 project described in paragraph (1)(A) that has

8 been submitted by the State to the Secretary

9 for approval; and

10 ‘‘(B) the State is willing and able to—

11 ‘‘(i) obligate the funds within 1 year

12 after the date on which the funds are made

13 available;

14 ‘‘(ii) apply the funds to a project that

15 is ready to be commenced; and

16 ‘‘(iii) in the case of construction work,

17 begin work within 90 days after the date

18 of obligation of the funds.

19 ‘‘(3) PERIOD OF AVAILABILITY OF DISCRE20 TIONARY FUNDS.—Amounts made available under

21 this subsection shall remain available until ex22 pended.’’.

23 (b) CONFORMING AMENDMENT.—Section 118 of title

24 23, United States Code, is amended by striking subsection

25 (c).
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1 SEC. 1119. MAGNETIC LEVITATION TRANSPORTATION

2 TECHNOLOGY DEPLOYMENT PROGRAM.

3 (a) IN GENERAL.—Chapter 3 of title 23, United

4 States Code, is amended by inserting after section 321 the

5 following:

6 ‘‘§ 322. Magnetic levitation transportation technology

7 deployment program

8 ‘‘(a) DEFINITIONS.—In this section:

9 ‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eli10 gible project costs’ means the capital cost of the

11 fixed guideway infrastructure of a MAGLEV project,

12 including land, piers, guideways, propulsion equip13 ment and other components attached to guideways,

14 power distribution facilities (including substations),

15 control and communications facilities, access roads,

16 and storage, repair, and maintenance facilities, but

17 not including costs incurred for a new station.

18 ‘‘(2) FULL PROJECT COSTS.—The term ‘full

19 project costs’ means the total capital costs of a

20 MAGLEV project, including eligible project costs

21 and the costs of stations, vehicles, and equipment.

22 ‘‘(3) MAGLEV.—The term ‘MAGLEV’ means

23 transportation systems employing magnetic levita24 tion that would be capable of safe use by the public

25 at a speed in excess of 240 miles per hour.
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1 ‘‘(4) PARTNERSHIP POTENTIAL.—The term

2 ‘partnership potential’ has the meaning given the

3 term in the commercial feasibility study of high4 speed ground transportation conducted under section

5 1036 of the Intermodal Surface Transportation Effi6 ciency Act of 1991 (Public Law 102–240; 105 Stat.

7 1978).

8 ‘‘(b) ASSISTANCE.—

9 ‘‘(1) IN GENERAL.—The Secretary shall make

10 available financial assistance to provide the Federal

11 share of full project costs of eligible projects selected

12 under this section.

13 ‘‘(2) FEDERAL SHARE.—The Federal share of

14 full project costs under paragraph (1) shall be not

more than 2 15 ⁄3.

16 ‘‘(3) USE OF ASSISTANCE.—Financial assist17 ance provided under paragraph (1) shall be used

18 only to pay eligible project costs of projects selected

19 under this section.

20 ‘‘(c) SOLICITATION OF APPLICATIONS FOR ASSIST21 ANCE.—Not later than 180 days after the date of enact22 ment of the Intermodal Transportation Act of 1997, the

23 Secretary shall solicit applications from States, or authori24 ties designated by 1 or more States, for financial assist-
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•S 1173 IS

1 ance authorized by subsection (b) for planning, design,

2 and construction of eligible MAGLEV projects.

3 ‘‘(d) PROJECT ELIGIBILITY.—To be eligible to re4 ceive financial assistance under subsection (b), a project

5 shall—

6 ‘‘(1) involve a segment or segments of a high7 speed ground transportation corridor that exhibit

8 partnership potential;

9 ‘‘(2) require an amount of Federal funds for

10 project financing that will not exceed—

11 ‘‘(A) the amounts made available under

12 subsection (h)(1)(A); and

13 ‘‘(B) the amounts made available by States

14 under subsection (h)(4);

15 ‘‘(3) result in an operating transportation facil16 ity that provides a revenue producing service;

17 ‘‘(4) be undertaken through a public and private partnership, with at least 1 18 ⁄3 of full project

19 costs paid using non-Federal funds;

20 ‘‘(5) satisfy applicable statewide and metropoli21 tan planning requirements;

22 ‘‘(6) be approved by the Secretary based on an

23 application submitted to the Secretary by a State or

24 authority designated by 1 or more States;
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•S 1173 IS

1 ‘‘(7) to the extent non-United States MAGLEV

2 technology is used within the United States, be car3 ried out as a technology transfer project; and

4 ‘‘(8) be carried out using materials at least 70

5 percent of which are manufactured in the United

6 States.

7 ‘‘(e) PROJECT SELECTION CRITERIA.—Prior to solic8 iting applications, the Secretary shall establish criteria for

9 selecting which eligible projects under subsection (d) will

10 receive financial assistance under subsection (b). The cri11 teria shall include the extent to which—

12 ‘‘(1) a project is nationally significant, includ13 ing the extent to which the project will demonstrate

14 the feasibility of deployment of MAGLEV technology

15 throughout the United States;

16 ‘‘(2) timely implementation of the project will

17 reduce congestion in other modes of transportation

18 and reduce the need for additional highway or air19 port construction;

20 ‘‘(3) States, regions, and localities financially

21 contribute to the project;

22 ‘‘(4) implementation of the project will create

23 new jobs in traditional and emerging industries;

24 ‘‘(5) the project will augment MAGLEV net25 works identified as having partnership potential;
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•S 1173 IS

1 ‘‘(6) financial assistance would foster public

2 and private partnerships for infrastructure develop3 ment and attract private debt or equity investment;

4 ‘‘(7) financial assistance would foster the timely

5 implementation of a project; and

6 ‘‘(8) life-cycle costs in design and engineering

7 are considered and enhanced.

8 ‘‘(f) PROJECT SELECTION.—Not later than 90 days

9 after a deadline established by the Secretary for the re10 ceipt of applications, the Secretary shall evaluate the eligi11 ble projects in accordance with the selection criteria and

12 select 1 eligible project for financial assistance.

13 ‘‘(g) JOINT VENTURES.—A project undertaken by a

14 joint venture of United States and non-United States per15 sons (including a project involving the deployment of non16 United States MAGLEV technology in the United States)

17 shall be eligible for financial assistance under this section

18 if the project is eligible under subsection (d) and selected

19 under subsection (f).

20 ‘‘(h) FUNDING.—

21 ‘‘(1) IN GENERAL.—

22 ‘‘(A) AUTHORIZATION OF CONTRACT AU23 THORITY.—

24 ‘‘(i) IN GENERAL.—There shall be

25 available from the Highway Trust Fund
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•S 1173 IS

1 (other than the Mass Transit Account) to

2 carry out this section $10,000,000 for fis3 cal year 1999 and $20,000,000 for fiscal

4 year 2000.

5 ‘‘(ii) CONTRACT AUTHORITY.—Funds

6 authorized under this subparagraph shall

7 be available for obligation in the same

8 manner as if the funds were apportioned

9 under chapter 1, except that—

10 ‘‘(I) the Federal share of the cost

11 of a project carried out under this

12 section shall be determined in accord13 ance with subsection (b); and

14 ‘‘(II) the availability of the funds

15 shall be determined in accordance

16 with paragraph (2).

17 ‘‘(B) AUTHORIZATION OF APPROPRIA18 TIONS.—There are authorized to be appro19 priated from the Highway Trust Fund (other

20 than the Mass Transit Account) to carry out

21 this section $200,000,000 for each of fiscal

22 years 2000 and 2001, $250,000,000 for fiscal

23 year 2002, and $300,000,000 for fiscal year

24 2003.
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1 ‘‘(2) AVAILABILITY OF FUNDS.—Funds made

2 available under paragraph (1) shall remain available

3 until expended.

4 ‘‘(3) OTHER FEDERAL FUNDS.—Notwithstand5 ing any other provision of law, funds made available

6 to a State to carry out the surface transportation

7 program under section 133 and the congestion miti8 gation and air quality improvement program under

9 section 149 may be used by the State to pay a por10 tion of the full project costs of an eligible project se11 lected under this section, without requirement for

12 non-Federal funds.

13 ‘‘(4) OTHER ASSISTANCE.—Notwithstanding

14 any other provision of law, an eligible project se15 lected under this section shall be eligible for other

16 forms of financial assistance provided under this

17 title, including loans, loan guarantees, and lines of

18 credit.’’.

19 (b) CONFORMING AMENDMENT.—The analysis for

20 chapter 3 of title 23, United States Code, is amended by

21 inserting after the item relating to section 321 the follow22 ing:

‘‘322. Magnetic levitation transportation technology deployment program.’’.
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1 SEC. 1120. WOODROW WILSON MEMORIAL BRIDGE.

2 (a) DEFINITIONS.—Section 404 of the Woodrow Wil3 son Memorial Bridge Authority Act of 1995 (109 Stat.

4 628) is amended—

5 (1) in paragraph (3), by striking ‘‘, including

6 approaches thereto’’; and

7 (2) in paragraph (5), by striking ‘‘to be deter8 mined under section 407. Such’’ and all that follows

9 and inserting the following: ‘‘as described in the

10 record of decision executed by the Secretary in com11 pliance with the National Environmental Policy Act

12 of 1969 (42 U.S.C. 4321 et seq.). The term includes

13 ongoing short-term rehabilitation and repairs to the

14 Bridge.’’.

15 (b) OWNERSHIP OF BRIDGE.—

16 (1) CONVEYANCE BY THE SECRETARY.—Section

17 407(a)(1) of the Woodrow Wilson Memorial Bridge

18 Authority Act of 1995 (109 Stat. 630) is amended

19 by inserting ‘‘or any Capital Region jurisdiction’’

20 after ‘‘Authority’’ each place it appears.

21 (2) AGREEMENT.—Section 407 of the Woodrow

22 Wilson Memorial Bridge Authority Act of 1995 (109

23 Stat. 630) is amended by striking subsection (c) and

24 inserting the following:

25 ‘‘(c) AGREEMENT.—
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1 ‘‘(1) IN GENERAL.—The agreement referred to

2 in subsection (a) is an agreement concerning the

3 Project that is executed by the Secretary and the

4 Authority or any Capital Region jurisdiction that ac5 cepts ownership of the Bridge.

6 ‘‘(2) TERMS OF THE AGREEMENT.—The agree7 ment shall—

8 ‘‘(A) identify whether the Authority or a

9 Capital Region jurisdiction will accept owner10 ship of the Bridge;

11 ‘‘(B) contain a financial plan satisfactory

12 to the Secretary, which shall be prepared before

13 the execution of the agreement, that specifies—

14 ‘‘(i) the total cost of the Project, in15 cluding any cost-saving measures;

16 ‘‘(ii) a schedule for implementation of

17 the Project, including whether any expe18 dited design and construction techniques

19 will be used; and

20 ‘‘(iii) the sources of funding that will

21 be used to cover any costs of the Project

22 not funded from funds made available

23 under section 412; and
116

•S 1173 IS

1 ‘‘(C) 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)

6 is 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

10 from the Highway Trust Fund (other than the Mass

11 Transit 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

15 $200,000,000 for fiscal year 2003, to pay the costs

16 of planning, preliminary engineering and design,

17 final engineering, acquisition of rights-of-way, and

18 construction of the Project, except that the costs as19 sociated with the Bridge shall be given priority over

20 other eligible costs, other than design costs, of the

21 Project.

22 ‘‘(2) CONTRACT AUTHORITY.—Funds author23 ized under this section shall be available for obliga24 tion in the same manner as if the funds were appor-
117

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1 tioned under chapter 1 of title 23, United States

2 Code, except that—

3 ‘‘(A) the funds shall remain available until

4 expended and shall not be subject to any obliga5 tion limitation;

6 ‘‘(B) the Federal share of the cost of the

7 Bridge component of the Project shall not ex8 ceed 100 percent; and

9 ‘‘(C) the Federal share of the cost of any

10 other component of the Project shall not exceed

11 80 percent.

12 ‘‘(b) USE OF APPORTIONED FUNDS.—Nothing in

13 this Act limits the authority of any Capital Region juris14 diction to use funds apportioned to the jurisdiction under

15 paragraph (1) or (3) of section 104(b) of title 23, United

16 States Code, in accordance with the requirements for such

17 funds, to pay any costs of the Project.

18 ‘‘(c) AVAILABILITY OF APPORTIONED FUNDS.—None

19 of the funds made available under this section shall be

20 available before the execution of the agreement described

21 in section 407(c), except that the Secretary may fund the

22 maintenance and rehabilitation of the Bridge and the de23 sign of the Project.’’.

24 (d) CONFORMING AMENDMENT.—Section 405(b)(1)

25 of the Woodrow Wilson Memorial Bridge Authority Act
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1 of 1995 (109 Stat. 629) is amended by striking ‘‘the Sig2 natories as to the Federal share of the cost of the Project

3 and the terms and conditions related to the timing of the

4 transfer of the Bridge to’’.

5 SEC. 1121. NATIONAL HIGHWAY SYSTEM COMPONENTS.

6 The National Highway System consists of the routes

7 and transportation facilities depicted on the map submit8 ted by the Secretary to Congress with the report entitled

9 ‘‘Pulling Together: The National Highway System and its

10 Connections to Major Intermodal Terminals’’ and dated

11 May 24, 1996.

12 SEC. 1122. HIGHWAY BRIDGE REPLACEMENT AND REHA13 BILITATION.

14 (a) IN GENERAL.—Section 144 of title 23, United

15 States Code, is amended—

16 (1) in the section heading, by striking ‘‘pro17 gram’’;

18 (2) by striking subsections (a) through (n), (p),

19 and (q);

20 (3) by inserting after the section heading the

21 following:

22 ‘‘(a) DEFINITION OF REHABILITATE.—In this sec23 tion, the term ‘rehabilitate’ (in any of its forms), with re24 spect to a bridge, means to carry out major work nec25 essary—
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•S 1173 IS

1 ‘‘(1) to address the structural deficiencies, func2 tional obsolescence, or physical deterioration of the

3 bridge; or

4 ‘‘(2) to correct a major safety defect of the

5 bridge.

6 ‘‘(b) BRIDGE INVENTORY.—

7 ‘‘(1) IN GENERAL.—In consultation with the

8 States, the Secretary shall—

9 ‘‘(A) annually inventory all highway

10 bridges on public roads that cross waterways,

11 other topographical barriers, other highways,

12 and railroads;

13 ‘‘(B) classify each such bridge according to

14 serviceability, safety, and essentiality for public

15 use; and

16 ‘‘(C) assign each such bridge a priority for

17 replacement or rehabilitation based on the clas18 sification under subparagraph (B).

19 ‘‘(2) CONSULTATION.—In preparing an inven20 tory of highway bridges on Indian reservation roads

21 and park roads under paragraph (1), the Secretary

22 shall consult with the Secretary of the Interior and

23 the States.

24 ‘‘(3) INVENTORY OF HISTORICAL BRIDGES.—At

25 the request of a State, the Secretary may inventory
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•S 1173 IS

1 highway bridges on public roads for historical sig2 nificance.

3 ‘‘(c) CERTIFICATION BY THE STATE.—Not later than

4 180 days after the end of each fiscal year beginning with

5 fiscal year 1998, each State shall certify to the Secretary,

6 either that—

7 ‘‘(1) the State has reserved, from funds appor8 tioned to the State for the preceding fiscal year, to

9 carry out bridge projects eligible under sections

10 103(b)(5), 119, and 133(b), an amount that is not

11 less than the amount apportioned to the State under

12 this section for fiscal year 1997; or

13 ‘‘(2) the amount that the State will reserve,

14 from funds apportioned to the State for the period

15 consisting of fiscal years 1998 through 2001, to

16 carry out bridge projects eligible under sections

17 103(b)(5), 119, and 133(b), will be not less than 4

18 times the amount apportioned to the State under

19 this section for fiscal year 1997.

20 ‘‘(d) USE OF RESERVED FUNDS.—A State may use

21 funds reserved under subsection (c) to replace, rehabili22 tate, reconstruct, seismically retrofit, paint, apply calcium

23 magnesium acetate to, or install scour countermeasures on

24 a highway bridge on a public road that crosses a water-
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1 way, other topographical barrier, other highway, or rail2 road.

3 ‘‘(e) OFF-SYSTEM BRIDGES.—

4 ‘‘(1) REQUIRED EXPENDITURE.—For each fis5 cal year, an amount equal to not less than 15 per6 cent of the amount apportioned to a State under

7 this section for fiscal year 1997 shall be expended by

8 the State for projects to replace, rehabilitate, recon9 struct, seismically retrofit, paint, apply calcium mag10 nesium acetate to, or install scour countermeasures

11 on highway bridges located on public roads that are

12 functionally classified as local roads or rural minor

13 collectors.

14 ‘‘(2) USE OF FUNDS TO MEET REQUIRED EX15 PENDITURE.—Funds reserved under subsection (c)

16 and funds made available under section 104(b)(1)

17 for the National Highway System or under section

18 104(b)(3) for the surface transportation program

19 may be used to meet the requirement for expendi20 ture under paragraph (1).

21 ‘‘(3) REDUCTION OF REQUIRED EXPENDI22 TURE.—After consultation with local and State offi23 cials in a State, the Secretary may, with respect to

24 the State, reduce the requirement for expenditure

25 under paragraph (1) if the Secretary determines
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1 that the State has inadequate needs to justify the

2 expenditure.

3 ‘‘(f) FEDERAL SHARE.—The Federal share of the

4 cost of a project under this section shall be 80 percent.

5 ‘‘(g) BRIDGE PERMIT EXEMPTION.—

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

7 notwithstanding any other provision of law, the Gen8 eral Bridge Act of 1946 (33 U.S.C. 525 et seq.)

9 shall apply to each bridge authorized to be replaced,

10 in whole or in part, under this section.

11 ‘‘(2) EXCEPTION.—Section 502(b) of the Gen12 eral Bridge Act of 1946 (33 U.S.C. 525(b)) and sec13 tion 9 of the Act of March 3, 1899 (30 Stat. 1151,

14 chapter 425; 33 U.S.C. 401), shall not apply to any

15 bridge constructed, reconstructed, rehabilitated, or

16 replaced with assistance under this title if the bridge

17 is over waters that are—

18 ‘‘(A) not used and not susceptible to use in

19 their natural condition or by reasonable im20 provement as a means to transport interstate or

21 foreign commerce; and

22 ‘‘(B)(i) not tidal; or

23 ‘‘(ii) tidal but used only by recreational

24 boating, fishing, and other small vessels that

25 are less than 21 feet in length.
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1 ‘‘(h) INDIAN RESERVATION ROAD BRIDGES.—

2 ‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The

3 Secretary shall establish a nationwide priority pro4 gram for improving deficient Indian reservation road

5 bridges.

6 ‘‘(2) RESERVATION OF FUNDS.—

7 ‘‘(A) IN GENERAL.—Of the amounts au8 thorized for Indian reservation roads for each

9 fiscal year, the Secretary, in cooperation with

10 the Secretary of the Interior, shall reserve not

11 less than $9,000,000 for projects to replace, re12 habilitate, seismically retrofit, paint, apply cal13 cium magnesium acetate to, or install scour

14 countermeasures for deficient Indian reserva15 tion road bridges, including multiple-pipe cul16 verts.

17 ‘‘(B) ELIGIBLE BRIDGES.—To be eligible

18 to receive funding under this subsection, a

19 bridge described in subparagraph (A) must—

20 ‘‘(i) have an opening of 20 feet or

21 more;

22 ‘‘(ii) be on an Indian reservation road;

23 ‘‘(iii) be unsafe because of structural

24 deficiencies, physical deterioration, or func25 tional obsolescence; and
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1 ‘‘(iv) be recorded in the national

2 bridge inventory administered by the Sec3 retary under subsection (b).

4 ‘‘(3) APPROVAL REQUIREMENT.—Funds to

5 carry out Indian reservation road bridge projects

6 under this subsection shall be made available only on

7 approval of plans, specifications, and estimates by

8 the Secretary.’’;

9 (4) by redesignating subsection (o) as sub10 section (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 wheth18 er the intended use is for motorized vehicu19 lar traffic or for alternative public trans20 portation purposes)’’ after ‘‘intended use’’;

21 and

22 (ii) by inserting ‘‘or for alternative

23 public transportation purposes’’ after ‘‘no

24 longer used for motorized vehicular traf25 fic’’; and
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1 (C) in the second sentence of paragraph

2 (4)—

3 (i) by inserting ‘‘for motorized vehi4 cles, alternative vehicular traffic, or alter5 native public transportation’’ after ‘‘his6 toric 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 fis24 cal year 1994’’ and inserting ‘‘that is designated as

25 a nonattainment area under section 107(d) of the
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1 Clean Air Act (42 U.S.C. 7407(d)) or classified as

2 a submarginal ozone nonattainment area under that

3 Act, or if the project or program is for a mainte4 nance area or an area that, as of the date of enact5 ment of the Intermodal Transportation Act of 1997,

6 is considered by the Administrator of the Environ7 mental Protection Agency to be a flexible attainment

8 region’’;

9 (2) in paragraph (1)—

10 (A) in subparagraph (A), by striking

11 ‘‘clauses (xii) and’’ and inserting ‘‘clause’’; and

12 (B) in subparagraph (B), by striking

13 ‘‘such section’’ and inserting ‘‘section

14 108(f)(1)(A) (other than clause (xvi)) of the

15 Clean Air Act (42 U.S.C. 7408(f)(1)(A))’’;

16 (3) in paragraph (2), by inserting ‘‘or mainte17 nance’’ after ‘‘State implementation’’;

18 (4) in paragraph (3), by inserting ‘‘or mainte19 nance of the standard’’ after ‘‘standard’’; and

20 (5) in paragraph (4), by inserting ‘‘or mainte21 nance’’ after ‘‘attainment’’.

22 (c) STATES RECEIVING MINIMUM APPORTION23 MENT.—Section 149 of title 23, United States Code, is

24 amended by striking subsection (c) and inserting the fol25 lowing:
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1 ‘‘(c) STATES RECEIVING MINIMUM APPORTION2 MENT.—

3 ‘‘(1) STATES WITHOUT A NONATTAINMENT

4 AREA.—If a State does not have, and never has had,

5 a nonattainment area designated under the Clean

6 Air Act (42 U.S.C. 7401 et seq.), the State may use

7 funds apportioned to the State under section

8 104(b)(2) for any project eligible under the surface

9 transportation program under section 133.

10 ‘‘(2) STATES WITH A NONATTAINMENT AREA.—

11 If a State has a nonattainment area or maintenance

12 area and receives funds under section 104(b)(2)(D)

13 above the amount of funds that the State would

14 have received based on its nonattainment and main15 tenance area population under subparagraphs (B)

16 and (C) of section 104(b)(2), the State may use that

17 portion of the funds not attributed to the nonattain18 ment or maintenance area for any project eligible

19 under section 133.’’.

20 (d) FEDERAL SHARE.—Section 120(c) of title 23,

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

22 striking ‘‘The’’ and inserting ‘‘Except in the case of a

23 project funded from sums apportioned under section

24 104(b)(2), the’’.

25 (e) CONFORMING AMENDMENTS.—
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1 (1) Section 101(a) of title 23, United States

2 Code, is amended by inserting after the undesig3 nated paragraph defining ‘‘maintenance’’ the follow4 ing:

5 ‘‘The term ‘maintenance area’ means an area that

6 was designated as a nonattainment area, but was later re7 designated by the Administrator of the Environmental

8 Protection Agency as an attainment area, under section

9 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).’’.

10 (2) Section 149(b)(1)(A)(ii) of title 23, United

11 States Code, is amended by striking ‘‘an area’’ and

12 all that follows and inserting ‘‘a maintenance area;

13 or’’.

14 SEC. 1124. SAFETY BELT USE LAW REQUIREMENTS.

15 Section 355 of the National Highway System Des16 ignation Act of 1995 (109 Stat. 624) is amended—

17 (1) in the section heading, by striking ‘‘AND

18 MAINE’’;

19 (2) in subsection (a)—

20 (A) by striking ‘‘States of New Hampshire

21 and Maine shall each’’ and inserting ‘‘State of

22 New Hampshire shall’’;

23 (B) in paragraph (1), by striking ‘‘and

24 1996’’ and inserting ‘‘through 2000’’; and
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•S 1173 IS

1 (3) by striking ‘‘or Maine’’ each place it ap2 pears.

3 Subtitle B—Program Streamlining

4 and Flexibility

5 CHAPTER 1—GENERAL PROVISIONS

6 SEC. 1201. ADMINISTRATIVE EXPENSES.

7 Section 104 of title 23, United States Code, is

8 amended by striking subsection (a) and inserting the fol9 lowing:

10 ‘‘(a) ADMINISTRATIVE EXPENSES.—

11 ‘‘(1) IN GENERAL.—Whenever an apportion12 ment is made of the sums made available for ex13 penditure on the surface transportation program

14 under section 133, the congestion mitigation and air

15 quality improvement program under section 149, or

16 the National Highway System under section 103,

17 the Secretary shall deduct a sum, in an amount not

to exceed 11 18 ⁄2 percent of all sums so made available,

19 as the Secretary determines necessary to administer

20 the provisions of law to be financed from appropria21 tions for the Federal-aid highway program and pro22 grams authorized under chapter 2.

23 ‘‘(2) CONSIDERATION OF UNOBLIGATED BAL24 ANCES.—In making the determination described in

25 paragraph (1), the Secretary shall take into account
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•S 1173 IS

1 the unobligated balance of any sums deducted under

2 that paragraph in prior fiscal years.

3 ‘‘(3) AVAILABILITY.—The sum deducted under

4 paragraph (1) shall remain available until ex5 pended.’’.

6 SEC. 1202. REAL PROPERTY ACQUISITION AND CORRIDOR

7 PRESERVATION.

8 (a) ADVANCE ACQUISITION OF REAL PROPERTY.—

9 Section 108 of title 23, United States Code, is amended—

10 (1) by striking the section heading and insert11 ing the following:

12 ‘‘§ 108. Advance acquisition of real property’’;

13 and

14 (2) by striking subsection (a) and inserting the

15 following:

16 ‘‘(a) IN GENERAL.—

17 ‘‘(1) AVAILABILITY OF FUNDS.—For the pur18 pose of facilitating the timely and economical acqui19 sition of real property for a transportation improve20 ment eligible for funding under this title, the Sec21 retary, upon the request of a State, may make avail22 able, for the acquisition of real property, such funds

23 apportioned to the State as may be expended on the

24 transportation improvement, under such rules and

25 regulations as the Secretary may issue.
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•S 1173 IS

1 ‘‘(2) CONSTRUCTION.—The agreement between

2 the Secretary and the State for the reimbursement

3 of the cost of the real property shall provide for the

4 actual construction of the transportation improve5 ment within a period not to exceed 20 years follow6 ing the fiscal year for which the request is made, un7 less the Secretary determines that a longer period is

8 reasonable.’’.

9 (b) CREDIT FOR ACQUIRED LANDS.—Section 323(b)

10 of title 23, United States Code, is amended—

11 (1) in the subsection heading, by striking ‘‘DO12 NATED’’ and inserting ‘‘ACQUIRED’’;

13 (2) by striking paragraphs (1) and (2) and in14 serting the following:

15 ‘‘(1) IN GENERAL.—Notwithstanding any other

16 provision of this title, the State share of the cost of

17 a project with respect to which Federal assistance is

18 provided from the Highway Trust Fund (other than

19 the Mass Transit Account) may be credited in an

20 amount equal to the fair market value of any land

21 that—

22 ‘‘(A) is obtained by the State, without vio23 lation of Federal law; and

24 ‘‘(B) is incorporated into the project.
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•S 1173 IS

1 ‘‘(2) ESTABLISHMENT OF FAIR MARKET

2 VALUE.—The fair market value of land incorporated

3 into a project and credited under paragraph (1)

4 shall be established in the manner determined by the

5 Secretary, except that—

6 ‘‘(A) the fair market value shall not in7 clude any increase or decrease in the value of

8 donated property caused by the project; and

9 ‘‘(B) the fair market value of donated land

10 shall be established as of the earlier of—

11 ‘‘(i) the date on which the donation

12 becomes effective; or

13 ‘‘(ii) the date on which equitable title

14 to the land vests in the State.’’;

15 (3) by striking paragraph (3);

16 (4) in paragraph (4), by striking ‘‘to which the

17 donation is applied’’; and

18 (5) by redesignating paragraph (4) as para19 graph (3).

20 (c) CONFORMING AMENDMENT.—The analysis for

21 chapter 1 of title 23, United States Code, is amended by

22 striking the item relating to section 108 and inserting the

23 following:

‘‘108. Advance acquisition of real property.’’.
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1 SEC. 1203. AVAILABILITY OF FUNDS.

2 Section 118 of title 23, United States Code, is

3 amended by striking subsection (e) and inserting the fol4 lowing:

5 ‘‘(e) AVAILABILITY OF FUNDS.—

6 ‘‘(1) IN GENERAL.—Any Federal-aid highway

7 funds released by the final payment on a project, or

8 by the modification of a project agreement, shall be

9 credited to the same program funding category for

10 which the funds were previously apportioned and

11 shall be immediately available for obligation.

12 ‘‘(2) TRANSFER OF INTERSTATE CONSTRUC13 TION FUNDS.—Any Federal-aid highway funds ap14 portioned to a State under section 104(b)(5)(A) (as

15 in effect on the day before the date of enactment of

16 this paragraph) and credited under paragraph (1)

17 may be transferred by the Secretary in accordance

18 with section 103(d).’’.

19 SEC. 1204. PAYMENTS TO STATES FOR CONSTRUCTION.

20 Section 121 of title 23, United States Code, is

21 amended—

22 (1) in subsection (a), by striking the second and

23 third sentences and inserting the following: ‘‘The

24 payments may also be made for the value of such

25 materials as—
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•S 1173 IS

1 ‘‘(1) have been stockpiled in the vicinity of the

2 construction in conformity to plans and specifica3 tions for the projects; and

4 ‘‘(2) are not in the vicinity of the construction

5 if the Secretary determines that because of required

6 fabrication at an off-site location the materials can7 not be stockpiled in the vicinity.’’;

8 (2) by striking subsection (b) and inserting the

9 following:

10 ‘‘(b) PROJECT AGREEMENTS.—

11 ‘‘(1) PAYMENTS.—A payment under this chap12 ter may be made only for a project covered by a

13 project agreement.

14 ‘‘(2) SOURCE OF PAYMENTS.—After completion

15 of a project in accordance with the project agree16 ment, a State shall be entitled to payment, out of

17 the appropriate sums apportioned or allocated to the

18 State, of the unpaid balance of the Federal share of

19 the cost of the project.’’;

20 (3) by striking subsections (c) and (d); and

21 (4) by redesignating subsection (e) as sub22 section (c).
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•S 1173 IS

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 prop6 erty

7 ‘‘(a) MINIMUM CHARGE.—Subject to section 142(f),

8 a State shall charge, at a minimum, fair market value for

9 the sale, use, lease, or lease renewal (other than for utility

10 use and occupancy or for a transportation project eligible

11 for assistance under this title) of real property acquired

12 with Federal assistance made available from the Highway

13 Trust Fund (other than the Mass Transit Account).

14 ‘‘(b) EXCEPTIONS.—The Secretary may grant an ex15 ception to the requirement of subsection (a) for a social,

16 environmental, or economic purpose.

17 ‘‘(c) USE OF FEDERAL SHARE OF INCOME.—The

18 Federal share of net income from the revenues obtained

19 by a State under subsection (a) shall be used by the State

20 for projects eligible under this title.’’.

21 (b) CONFORMING AMENDMENT.—The analysis for

22 chapter 1 of title 23, United States Code, is amended by

23 striking the item relating to section 156 and inserting the

24 following:

‘‘156. Proceeds from the sale or lease of real property.’’.
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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.

4 577) is amended by striking ‘‘Before September 30, 2000,

5 the’’ and inserting ‘‘The’’.

6 SEC. 1207. REPORT ON OBLIGATIONS.

7 Section 104(m) of title 23, United States Code (as

8 redesignated by section 1113(c)(1)), is amended—

9 (1) by inserting ‘‘REPORT TO CONGRESS.—’’

10 before ‘‘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

15 calendar month’’ and inserting ‘‘preceding fiscal

16 year’’;

17 (4) by striking paragraph (2);

18 (5) in paragraph (3), by striking ‘‘such preced19 ing month’’ and inserting ‘‘that preceding fiscal

20 year’’; and

21 (6) by redesignating paragraphs (3) and (4) as

22 paragraphs (2) and (3), respectively.

23 SEC. 1208. TERMINATIONS.

24 (a) RIGHT-OF-WAY REVOLVING FUND.—Section 108

25 of title 23, United States Code, is amended by striking

26 subsection (c) and inserting the following:
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•S 1173 IS

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 right5 of-way revolving fund established by this section

6 prior to the date of enactment of the Intermodal

7 Transportation Act of 1997 shall remain available to

8 the State for use on the projects for which the funds

9 were advanced for a period of 20 years from the

10 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

14 the termination of the 20-year period referred to in

15 paragraph (1), when actual construction is com16 menced, or upon approval by the Secretary of the

17 plans, specifications, and estimates for the actual

18 construction of the project on the right-of-way,

19 whichever occurs first—

20 ‘‘(A) the Highway Trust Fund shall be

21 credited with an amount equal to the Federal

22 share of the funds advanced, as provided in sec23 tion 120, out of any Federal-aid highway funds

24 apportioned to the State in which the project is
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•S 1173 IS

1 located and available for obligation for projects

2 of the type funded; and

3 ‘‘(B) the State shall reimburse the Sec4 retary in an amount equal to the non-Federal

5 share of the funds advanced for deposit in, and

6 credit to, the Highway Trust Fund.’’.

7 (b) PILOT TOLL COLLECTION PROGRAM.—Section

8 129 of title 23, United States Code, is amended by strik9 ing subsection (d).

10 (c) NATIONAL RECREATIONAL TRAILS ADVISORY

11 COMMITTEE.—As soon as practicable after the date of en12 actment of this Act, the Secretary shall take such action

13 as is necessary for the termination of the National Rec14 reational Trails Advisory Committee established by section

15 1303 of the Intermodal Surface Transportation Efficiency

16 Act of 1991 (16 U.S.C. 1262) (as in effect on the day

17 before the 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

24 sentence;

25 (2) by striking subsection (d); and
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•S 1173 IS

1 (3) by striking subsection (f) and inserting the

2 following:

3 ‘‘(f) TRANSFERABILITY OF FUNDS.—

4 ‘‘(1) UNCONDITIONAL.—A State may transfer

5 an amount not to exceed 30 percent of the sums ap6 portioned to the State under subparagraphs (A) and

7 (B) of section 104(b)(1) to the apportionment of the

8 State under paragraphs (1)(C) and (3) of section

9 104(b).

10 ‘‘(2) UPON ACCEPTANCE OF CERTIFICATION.—

11 If a State certifies to the Secretary that any part of

12 the sums apportioned to the State under subpara13 graphs (A) and (B) of section 104(b)(1) is in excess

14 of the needs of the State for resurfacing, restoring,

15 rehabilitating, or reconstructing routes and bridges

16 on the Interstate System in the State and that the

17 State is adequately maintaining the routes and

18 bridges, and the Secretary accepts the certification,

19 the State may transfer, in addition to the amount

20 authorized to be transferred under paragraph (1),

21 an amount not to exceed 20 percent of the sums ap22 portioned to the State under subparagraphs (A) and

23 (B) of section 104(b)(1) to the apportionment of the

24 State under paragraphs (1)(C) and (3) of section

25 104(b).’’.
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1 (b) ELIGIBILITY.—Section 119 of title 23, United

2 States Code, is amended—

3 (1) in the first sentence of subsection (a), by

4 striking ‘‘and rehabilitating’’ and inserting ‘‘, reha5 bilitating, and reconstructing’’;

6 (2) by striking subsections (b), (c), (e), and (g);

7 (3) by inserting after subsection (a) the follow8 ing:

9 ‘‘(b) ELIGIBLE ACTIVITIES.—

10 ‘‘(1) IN GENERAL.—A State—

11 ‘‘(A) may use funds apportioned under

12 subparagraph (A) or (B) of section 104(b)(1)

13 for resurfacing, restoring, rehabilitating, and

14 reconstructing routes on the Interstate System,

15 including—

16 ‘‘(i) resurfacing, restoring, rehabilitat17 ing, and reconstructing bridges, inter18 changes, and overcrossings;

19 ‘‘(ii) acquiring rights-of-way; and

20 ‘‘(iii) intelligent transportation system

21 capital improvements that are infrastruc22 ture-based to the extent that they improve

23 the performance of the Interstate System;

24 but
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•S 1173 IS

1 ‘‘(B) may not use the funds for construc2 tion of new travel lanes other than high-occu3 pancy vehicle lanes or auxiliary lanes.

4 ‘‘(2) EXPANSION OF CAPACITY.—

5 ‘‘(A) USING TRANSFERRED FUNDS.—Not6 withstanding paragraph (1), funds transferred

7 under subsection (c)(1) may be used for con8 struction to provide for expansion of the capac9 ity of an Interstate System highway (including

10 a bridge).

11 ‘‘(B) USING FUNDS NOT TRANSFERRED.—

12 ‘‘(i) IN GENERAL.—In lieu of transfer13 ring funds under subsection (c)(1) and

14 using the transferred funds for the purpose

15 described in subparagraph (A), a State

16 may use an amount of the sums appor17 tioned to the State under subparagraph

18 (A) or (B) of section 104(b)(1) for the

19 purpose described in subparagraph (A).

20 ‘‘(ii) LIMITATION.—The sum of the

21 amount used under clause (i) and any

22 amount transferred under subsection (c)(1)

23 by a State may not exceed 30 percent of

24 the sums apportioned to the State under
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•S 1173 IS

1 subparagraphs (A) and (B) of section

2 104(b)(1).’’; and

3 (4) by redesignating subsection (f) as sub4 section (c).

5 (c) CONFORMING AMENDMENTS.—

6 (1) Section 119(a) of title 23, United States

7 Code, is amended in the first sentence by striking ‘‘;

8 except that the Secretary may only approve a project

9 pursuant to this subsection on a toll road if such

10 road is subject to a Secretarial agreement provided

11 for in subsection (e)’’.

12 (2) Section 1009(c)(2) of the Intermodal Sur13 face Transportation Efficiency Act of 1991 (23

14 U.S.C. 119 note; 105 Stat. 1933) is amended by

15 striking ‘‘section 119(f)(1)’’ and inserting ‘‘section

16 119(c)(1)’’.

17 CHAPTER 2—PROJECT APPROVAL

18 SEC. 1221. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.

19 Section 104 of title 23, United States Code (as

20 amended by section 1118), is amended by inserting after

21 subsection (k) the following:

22 ‘‘(l) TRANSFER OF HIGHWAY AND TRANSIT

23 FUNDS.—

24 ‘‘(1) TRANSFER OF HIGHWAY FUNDS.—Funds

25 made available under this title and transferred for
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•S 1173 IS

1 transit projects shall be administered by the Sec2 retary in accordance with chapter 53 of title 49, ex3 cept that the provisions of this title relating to the

4 non-Federal share shall apply to the transferred

5 funds.

6 ‘‘(2) TRANSFER OF TRANSIT FUNDS.—Funds

7 made available under chapter 53 of title 49 and

8 transferred for highway projects shall be adminis9 tered by the Secretary in accordance with this title,

10 except that the provisions of that chapter relating to

11 the non-Federal share shall apply to the transferred

12 funds.

13 ‘‘(3) TRANSFER TO AMTRAK AND PUBLICLY14 OWNED PASSENGER RAIL LINES.—Funds made

15 available under this title or chapter 53 of title 49

16 and transferred to the National Railroad Passenger

17 Corporation or to any publicly-owned intercity or in18 tracity passenger rail line shall be administered by

19 the Secretary in accordance with subtitle V of title

20 49, except that the provisions of this title or chapter

21 53 of title 49, as applicable, relating to the non-Fed22 eral 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
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•S 1173 IS

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 insert7 ing 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

15 submit to the Secretary for approval such plans, specifica16 tions, and estimates for each proposed project as the Sec17 retary may require. The Secretary shall act upon such

18 plans, specifications, and estimates as soon as practicable

19 after they have been submitted, and shall enter into a for20 mal project agreement with the State transportation de21 partment formalizing the conditions of the project ap22 proval. The execution of such project agreement shall be

23 deemed a contractual obligation of the Federal Govern24 ment for the payment of its proportional contribution
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•S 1173 IS

1 thereto. In taking such action, the Secretary shall be guid2 ed by the provisions of section 109 of this title.

3 ‘‘(b) PROJECT AGREEMENT.—The project agreement

4 shall make provision for State funds required for the

5 State’s pro rata share of the cost of construction of the

6 project and for the maintenance of the project after com7 pletion of construction. The Secretary may rely upon rep8 resentations made by the State transportation department

9 with respect to the arrangements or agreements made by

10 the State transportation department and appropriate local

11 officials where a part of the project is to be constructed

12 at the expense of, or in cooperation with, local subdivisions

13 of the State.

14 ‘‘(c) SPECIAL RULES FOR PROJECT OVERSIGHT.—

15 ‘‘(1) NHS PROJECTS.—Except as otherwise

16 provided in subsection (d) of this section, the Sec17 retary may discharge to the State any of the Sec18 retary’s responsibilities for the design, plans, speci19 fications, estimates, contract awards, and inspection

20 of projects under this title on the National Highway

21 System. Before discharging responsibilities to the

22 State, the Secretary shall reach agreement with the

23 State as to the extent to which the State may as24 sume the responsibilities of the Secretary under this

25 subsection. The Secretary may not assume any
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•S 1173 IS

1 greater responsibility than the Secretary is per2 mitted under this title as of September 30, 1997, ex3 cept upon agreement by the Secretary and the State.

4 ‘‘(2) NON-NHS PROJECTS.—For all projects

5 under this title that are off the National Highway

6 System, the State may request that the Secretary no

7 longer review and approve the design, plans, speci8 fications, estimates, contract awards, and inspection

9 of projects under this title. After receiving any such

10 request, the Secretary shall undertake project review

11 only as requested by the State.

12 ‘‘(d) RESPONSIBILITIES OF THE SECRETARY.—

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

14 nothing in this section, section 133, or section 149

15 shall affect or discharge any responsibility or obliga16 tion of the Secretary under any Federal law other

17 than this title.

18 ‘‘(2) LIMITATION.—Any responsibility or obliga19 tion of the Secretary under sections 113 and 114 of

20 this title shall not be affected and may not be dis21 charged under this section, section 133, or section

22 149.

23 ‘‘(e) VALUE ENGINEERING ANALYSIS.—In such cases

24 as the Secretary determines advisable, plans, specifica25 tions, and estimates for proposed projects on any Federal-
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•S 1173 IS

1 aid highway shall be accompanied by a value engineering

2 or other cost reduction analysis.

3 ‘‘(f) FINANCIAL PLAN.—The Secretary shall require

4 a financial plan to be prepared for any project with an

5 estimated 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

9 title 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 con19 struction.’’.

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—
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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 sec5 tions 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 provi9 sions of subsection (a) of section 110 of this title’’

10 and inserting ‘‘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

14 106’’.

15 SEC. 1223. SURFACE TRANSPORTATION PROGRAM.

16 (a) TRANSPORTATION ENHANCEMENT ACTIVITIES.—

17 Section 133 of title 23, United States Code, is amended—

18 (1) in subsection (d)—

19 (A) in paragraph (2), by striking ‘‘10’’ and

20 inserting ‘‘8’’; and

21 (B) in the first sentence of paragraph (3),

22 by striking ‘‘80’’ and inserting ‘‘82’’; and

23 (2) in subsection (e)—
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•S 1173 IS

1 (A) in paragraph (3)(B)(i), by striking ‘‘if

2 the Secretary’’ and all that follows through ‘‘ac3 tivities’’; and

4 (B) in paragraph (5), by adding at the end

5 the following:

6 ‘‘(C) INNOVATIVE FINANCING.—

7 ‘‘(i) IN GENERAL.—For each fiscal

8 year, the average annual non-Federal

9 share of the total cost of all projects to

10 carry out transportation enhancement ac11 tivities in a State shall be not less than the

12 non-Federal share authorized for the State

13 under section 120(b).

14 ‘‘(ii) EXCEPTION.—Subject to clause

15 (i), notwithstanding section 120, in the

16 case of projects to carry out transportation

17 enhancement activities—

18 ‘‘(I) funds from other Federal

19 agencies, and other contributions that

20 the Secretary determines are of value,

21 may be credited toward the non-Fed22 eral share of project costs;

23 ‘‘(II) the non-Federal share may

24 be calculated on a project, multiple25 project, or program basis; and
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•S 1173 IS

1 ‘‘(III) the Federal share of the

2 cost of an individual project subject to

3 subclause (I) or (II) may be equal to

4 100 percent.’’.

5 (b) PROGRAM APPROVAL.—Section 133(e) of title 23,

6 United States Code, is amended by striking paragraph (2)

7 and inserting the following:

8 ‘‘(2) PROGRAM APPROVAL.—

9 ‘‘(A) SUBMISSION OF PROJECT AGREE10 MENT.—For each fiscal year, each State shall

11 submit a project agreement that—

12 ‘‘(i) certifies that the State will meet

13 all the requirements of this section; and

14 ‘‘(ii) notifies the Secretary of the

15 amount of obligations needed to carry out

16 the program under this section.

17 ‘‘(B) REQUEST FOR ADJUSTMENTS OF

18 AMOUNTS.—As necessary, each State shall re19 quest from the Secretary adjustments to the

20 amount of obligations referred to in subpara21 graph (A)(ii).

22 ‘‘(C) EFFECT OF APPROVAL BY THE SEC23 RETARY.—Approval by the Secretary of a

24 project agreement under subparagraph (A)

25 shall be deemed a contractual obligation of the
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•S 1173 IS

1 United States to pay surface transportation

2 program funds made available under this

3 title.’’.

4 (c) PAYMENTS.—Section 133(e)(3)(A) of title 23,

5 United States Code, is amended by striking the second

6 sentence.

7 SEC. 1224. DESIGN-BUILD CONTRACTING.

8 (a) AUTHORITY.—Section 112(b) of title 23, United

9 States Code, is amended—

10 (1) in the first sentence of paragraph (1), by

11 striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs

12 (2) and (3)’’;

13 (2) in paragraph (2)(A), by striking ‘‘Each’’

14 and inserting ‘‘Subject to paragraph (3), each’’; and

15 (3) by adding at the end the following:

16 ‘‘(3) DESIGN-BUILD CONTRACTING.—

17 ‘‘(A) IN GENERAL.—A State transpor18 tation department may award a contract for the

19 design and construction of a qualified project

20 described in subparagraph (B) using competi21 tive selection procedures approved by the Sec22 retary.

23 ‘‘(B) QUALIFIED PROJECTS.—A qualified

24 project referred to in subparagraph (A) is a

25 project under this chapter that involves installa-
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1 tion of an intelligent transportation system or

2 that consists of a usable project segment and

3 for which—

4 ‘‘(i) the Secretary has approved the

5 use of design-build contracting described in

6 subparagraph (A) under criteria specified

7 in regulations promulgated by the Sec8 retary; and

9 ‘‘(ii) the total costs are estimated to

10 exceed—

11 ‘‘(I) in the case of a project that

12 involves installation of an intelligent

13 transportation system, $10,000,000;

14 and

15 ‘‘(II) in the case of a usable

16 project segment, $50,000,000.’’.

17 (b) COMPETITIVE BIDDING DEFINED.—Section 112

18 of title 23, United States Code, is amended by striking

19 subsection (f) and inserting the following:

20 ‘‘(f) COMPETITIVE BIDDING DEFINED.—In this sec21 tion, the term ‘competitive bidding’ means the procedures

22 used to award contracts for engineering and design serv23 ices under subsection (b)(2) and design-build contracts

24 under subsection (b)(3).’’.

25 (c) REGULATIONS.—
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1 (1) IN GENERAL.—Not later than the effective

2 date specified in subsection (e), the Secretary shall

3 promulgate regulations to carry out the amendments

4 made by this section.

5 (2) CONTENTS.—The regulations shall—

6 (A) identify the criteria to be used by the

7 Secretary in approving the use by a State

8 transportation department of design-build con9 tracting; and

10 (B) establish the procedures to be followed

11 by a State transportation department for ob12 taining the Secretary’s approval of the use of

13 design-build contracting by the department and

14 the selection procedures used by the depart15 ment.

16 (d) EFFECT ON EXPERIMENTAL PROGRAM.—Noth17 ing in this section or the amendments made by this section

18 affects the authority to carry out, or any project carried

19 out under, any experimental program concerning design20 build contracting that is being carried out by the Secretary

21 as of the date of enactment of this Act.

22 (e) EFFECTIVE DATE FOR AMENDMENTS.—The

23 amendments made by this section take effect 2 years after

24 the date of enactment of this Act.
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1 CHAPTER 3—ELIGIBILITY AND

2 FLEXIBILITY

3 SEC. 1231. DEFINITION OF OPERATIONAL IMPROVEMENT.

4 Section 101(a) of title 23, United States Code, is

5 amended by striking the undesignated paragraph defining

6 ‘‘operational improvement’’ and inserting the following:

7 ‘‘The term ‘operational improvement’ means the in8 stallation, operation, or maintenance, in accordance with

9 subchapter II of chapter 5, of public infrastructure to sup10 port intelligent transportation systems and includes the in11 stallation or operation of any traffic management activity,

12 communication system, or roadway weather information

13 and prediction system, and any other improvement that

14 the Secretary may designate that enhances roadway safety

15 and mobility during adverse weather.’’.

16 SEC. 1232. ELIGIBILITY OF FERRY BOATS AND FERRY TER17 MINAL FACILITIES.

18 (a) IN GENERAL.—Section 129(c) of title 23, United

19 States Code, is amended by inserting ‘‘in accordance with

20 sections 103, 133, and 149,’’ after ‘‘toll or free,’’.

21 (b) NATIONAL HIGHWAY SYSTEM.—Section

22 103(b)(5) of title 23, United States Code (as amended by

23 section 1234), is amended by adding at the end the follow24 ing:
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1 ‘‘(R) Construction of ferry boats and ferry

2 terminal facilities, if the conditions described in

3 section 129(c) are met.’’.

4 (c) SURFACE TRANSPORTATION PROGRAM.—Section

5 133(b) of title 23, United States Code, is amended by add6 ing at the end the following:

7 ‘‘(12) Construction of ferry boats and ferry ter8 minal facilities, if the conditions described in section

9 129(c) are met.’’.

10 (d) CONGESTION MITIGATION AND AIR QUALITY IM11 PROVEMENT PROGRAM.—Section 149(b) of title 23, Unit12 ed States Code, is amended—

13 (1) in paragraph (3), by striking ‘‘or’’ at the

14 end;

15 (2) in paragraph (4), by striking the period at

16 the end and inserting ‘‘; or’’; and

17 (3) by adding at the end the following:

18 ‘‘(5) if the project or program is to construct a

19 ferry boat or ferry terminal facility and if the condi20 tions described in section 129(c) are met.’’.

21 SEC. 1233. FLEXIBILITY OF SAFETY PROGRAMS.

22 Section 133(d) of title 23, United States Code, is

23 amended by striking paragraph (1) and inserting the fol24 lowing:

25 ‘‘(1) SAFETY PROGRAMS.—
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1 ‘‘(A) IN GENERAL.—With respect to funds

2 apportioned for each of fiscal years 1998

3 through 2003—

4 ‘‘(i) 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

8 130;

9 ‘‘(ii) an amount equal to 2 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

13 152; and

14 ‘‘(iii) an amount equal to 6 percent of

15 the amount apportioned to a State under

16 section 104(b)(3) shall be available only to

17 carry out activities eligible under section

18 130 or 152.

19 ‘‘(B) TRANSFER OF FUNDS.—If a State

20 certifies to the Secretary that any part of the

21 amount set aside by the State under subpara22 graph (A)(i) is in excess of the needs of the

23 State for activities under section 130 and the

24 Secretary accepts the certification, the State
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1 may transfer that excess part to the set-aside of

2 the State under subparagraph (A)(ii).

3 ‘‘(C) TRANSFERS TO OTHER SAFETY PRO4 GRAMS.—A State may transfer funds set aside

5 under subparagraph (A)(iii) to the apportion6 ment of the State under section 402 or the allo7 cation of the State under section 31104 of title

8 49.’’.

9 SEC. 1234. ELIGIBILITY OF PROJECTS ON THE NATIONAL

10 HIGHWAY SYSTEM.

11 Section 103(b) of title 23, United States Code (as

12 amended by section 1701(a)), is amended by adding at

13 the end the following:

14 ‘‘(5) ELIGIBLE PROJECTS FOR NHS.—Subject

15 to approval by the Secretary, funds apportioned to

16 a State under section 104(b)(1)(C) for the National

17 Highway System may be obligated for any of the fol18 lowing:

19 ‘‘(A) Construction, reconstruction, resur20 facing, restoration, and rehabilitation of seg21 ments of the National Highway System.

22 ‘‘(B) Operational improvements for seg23 ments of the National Highway System.

24 ‘‘(C) Construction of, and operational im25 provements for, a Federal-aid highway not on
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1 the National Highway System, construction of a

2 transit project eligible for assistance under

3 chapter 53 of title 49, and capital improve4 ments to any National Railroad Passenger Cor5 poration passenger rail line or any publicly6 owned intercity passenger rail line, if—

7 ‘‘(i) the highway, transit, or rail

8 project is in the same corridor as, and in

9 proximity to, a fully access-controlled high10 way designated as a part of the National

11 Highway System;

12 ‘‘(ii) the construction or improvements

13 will improve the level of service on the fully

14 access-controlled highway described in

15 clause (i) and improve regional traffic flow;

16 and

17 ‘‘(iii) the construction or improve18 ments are more cost-effective than an im19 provement to the fully access-controlled

20 highway described in clause (i).

21 ‘‘(D) Highway safety improvements for

22 segments of the National Highway System.

23 ‘‘(E) Transportation planning in accord24 ance with sections 134 and 135.
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1 ‘‘(F) Highway research and planning in

2 accordance with chapter 5.

3 ‘‘(G) Highway-related technology transfer

4 activities.

5 ‘‘(H) Capital and operating costs for traf6 fic monitoring, management, and control facili7 ties and programs.

8 ‘‘(I) Fringe and corridor parking facilities.

9 ‘‘(J) Carpool and vanpool projects.

10 ‘‘(K) Bicycle transportation and pedestrian

11 walkways in accordance with section 217.

12 ‘‘(L) Development, establishment, and im13 plementation of management systems under

14 section 303.

15 ‘‘(M) In accordance with all applicable

16 Federal law (including regulations), participa17 tion in natural habitat and wetland mitigation

18 efforts related to projects funded under this

19 title, which may include participation in natural

20 habitat and wetland mitigation banks, contribu21 tions to statewide and regional efforts to con22 serve, restore, enhance, and create natural habi23 tats and wetland, and development of statewide

24 and regional natural habitat and wetland con25 servation and mitigation plans, including any
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1 such banks, efforts, and plans authorized under

2 the Water Resources Development Act of 1990

3 (Public Law 101–640) (including crediting pro4 visions). Contributions to the mitigation efforts

5 described in the preceding sentence may take

6 place concurrent with or in advance of project

7 construction, except that contributions in ad8 vance of project construction may occur only if

9 the efforts are consistent with all applicable re10 quirements of Federal law (including regula11 tions) and State transportation planning proc12 esses.

13 ‘‘(N) Publicly-owned intracity or intercity

14 passenger rail or bus terminals, including ter15 minals of the National Railroad Passenger Cor16 poration and publicly-owned intermodal surface

17 freight transfer facilities, other than seaports

18 and airports, if the terminals and facilities are

19 located on or adjacent to National Highway

20 System routes or connections to the National

21 Highway System selected in accordance with

22 subsection (b).

23 ‘‘(O) Infrastructure-based intelligent trans24 portation systems capital improvements.
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1 ‘‘(P) In the Virgin Islands, Guam, Amer2 ican Samoa, and the Commonwealth of the

3 Northern Mariana Islands, any project eligible

4 for funding under section 133, any airport, and

5 any seaport.

6 ‘‘(Q) Publicly owned components of mag7 netic levitation transportation systems.’’.

8 SEC. 1235. ELIGIBILITY OF PROJECTS UNDER THE SUR9 FACE TRANSPORTATION PROGRAM.

10 Section 133(b) of title 23, United States Code (as

11 amended by section 1232(c)), is amended—

12 (1) in paragraph (2), by striking ‘‘and publicly

13 owned intracity or intercity bus terminals and facili14 ties’’ and inserting ‘‘, including vehicles and facili15 ties, whether publicly or privately owned, that are

16 used to provide intercity passenger service by bus or

17 rail’’;

18 (2) in paragraph (3)—

19 (A) by striking ‘‘and bicycle’’ and inserting

20 ‘‘bicycle’’; and

21 (B) by inserting before the period at the

22 end the following: ‘‘, and the modification of

23 public sidewalks to comply with the Americans

24 with Disabilities Act of 1990 (42 U.S.C. 12101

25 et seq.)’’;
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1 (3) in paragraph (4)—

2 (A) by inserting ‘‘, publicly owned pas3 senger rail,’’ after ‘‘Highway’’;

4 (B) by inserting ‘‘infrastructure’’ after

5 ‘‘safety’’; and

6 (C) by inserting before the period at the

7 end the following: ‘‘, and any other noninfra8 structure highway safety improvements’’;

9 (4) in the first sentence of paragraph (11)—

10 (A) by inserting ‘‘natural habitat and’’

11 after ‘‘participation in’’ each place it appears;

12 (B) by striking ‘‘enhance and create’’ and

13 inserting ‘‘enhance, and create natural habitats

14 and’’; and

15 (C) by inserting ‘‘natural habitat and’’ be16 fore ‘‘wetlands conservation’’; and

17 (5) by adding at the end the following:

18 ‘‘(13) Publicly owned intercity passenger rail

19 infrastructure, including infrastructure owned by the

20 National Railroad Passenger Corporation.

21 ‘‘(14) Publicly owned passenger rail vehicles, in22 cluding vehicles owned by the National Railroad

23 Passenger Corporation.

24 ‘‘(15) Infrastructure-based intelligent transpor25 tation systems capital improvements.
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1 ‘‘(16) Publicly owned components of magnetic

2 levitation transportation systems.’’.

3 SEC. 1236. DESIGN FLEXIBILITY.

4 Section 109 of title 23, United States Code, is

5 amended by striking subsection (a) and inserting the fol6 lowing:

7 ‘‘(a) IN GENERAL.—

8 ‘‘(1) REQUIREMENTS FOR FACILITIES.—The

9 Secretary shall ensure that the plans and specifica10 tions for each proposed highway project under this

11 chapter provide for a facility that will—

12 ‘‘(A) adequately serve the existing traffic

13 of the highway in a manner that is conducive

14 to safety, durability, and economy of mainte15 nance; and

16 ‘‘(B) be designed and constructed in ac17 cordance with criteria best suited to accomplish

18 the objectives described in subparagraph (A)

19 and to conform to the particular needs of each

20 locality.

21 ‘‘(2) CONSIDERATION OF PLANNED FUTURE

22 TRAFFIC DEMANDS.—In carrying out paragraph (1),

23 the Secretary shall ensure the consideration of the

24 planned future traffic demands of the facility.’’.
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1 Subtitle C—Finance

2 CHAPTER 1—GENERAL PROVISIONS

3 SEC. 1301. STATE INFRASTRUCTURE BANK PROGRAM.

4 (a) IN GENERAL.—Chapter 1 of title 23, United

5 States Code, is amended by adding at the end the follow6 ing:

7 ‘‘§ 162. State infrastructure bank program

8 ‘‘(a) DEFINITIONS.—In this section:

9 ‘‘(1) OTHER ASSISTANCE.—The term ‘other as10 sistance’ includes any use of funds in an infrastruc11 ture bank—

12 ‘‘(A) to provide credit enhancements;

13 ‘‘(B) to serve as a capital reserve for bond

14 or debt instrument financing;

15 ‘‘(C) to subsidize interest rates;

16 ‘‘(D) to ensure the issuance of letters of

17 credit and credit instruments;

18 ‘‘(E) to finance purchase and lease agree19 ments with respect to transit projects;

20 ‘‘(F) to provide bond or debt financing in21 strument security; and

22 ‘‘(G) to provide other forms of debt financ23 ing and methods of leveraging funds that are

24 approved by the Secretary and that relate to
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1 the project with respect to which the assistance

2 is being provided.

3 ‘‘(2) STATE.—The term ‘State’ has the mean4 ing given the term under section 401.

5 ‘‘(b) COOPERATIVE AGREEMENTS.—

6 ‘‘(1) IN GENERAL.—

7 ‘‘(A) PURPOSE OF AGREEMENTS.—Subject

8 to this section, the Secretary may enter into co9 operative agreements with States for the estab10 lishment of State infrastructure banks and

11 multistate infrastructure banks for making

12 loans and providing other assistance to public

13 and private entities carrying out or proposing to

14 carry out projects eligible for assistance under

15 this section.

16 ‘‘(B) CONTENTS OF AGREEMENTS.—Each

17 cooperative agreement shall specify procedures

18 and guidelines for establishing, operating, and

19 providing assistance from the infrastructure

20 bank.

21 ‘‘(2) INTERSTATE COMPACTS.—If 2 or more

22 States enter into a cooperative agreement under

23 paragraph (1) with the Secretary for the establish24 ment of a multistate infrastructure bank, Congress

25 grants consent to those States to enter into an inter-
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1 state compact establishing the bank in accordance

2 with this section.

3 ‘‘(c) FUNDING.—

4 ‘‘(1) CONTRIBUTION.—Notwithstanding any

5 other provision of law, the Secretary may allow, sub6 ject to subsection (h)(1), a State that enters into a

7 cooperative agreement under this section to contrib8 ute to the infrastructure bank established by the

9 State not to exceed—

10 ‘‘(A)(i) the total amount of funds appor11 tioned to the State under each of paragraphs

12 (1) and (3) of section 104(b), excluding funds

13 set aside under paragraphs (1) and (2) of sec14 tion 133(d); and

15 ‘‘(ii) the total amount of funds allocated to

16 the State under section 105 and under section

17 1102 of the Intermodal Transportation Act of

18 1997;

19 ‘‘(B) the total amount of funds made avail20 able to the State or other Federal transit grant

21 recipient for capital projects (as defined in sec22 tion 5302 of title 49) under sections 5307,

23 5309, and 5311 of title 49; and

24 ‘‘(C) the total amount of funds made avail25 able to the State under subtitle V of title 49.
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1 ‘‘(2) CAPITALIZATION GRANT.—For the pur2 poses of this section, Federal funds contributed to

3 the infrastructure bank under this subsection shall

4 constitute a capitalization grant for the infrastruc5 ture bank.

6 ‘‘(3) SPECIAL RULE FOR URBANIZED AREAS OF

7 OVER 200,000.—Funds that are apportioned or allo8 cated to a State under section 104(b)(3) and attrib9 uted to urbanized areas of a State with a population

10 of over 200,000 individuals under section 133(d)(2)

11 may be used to provide assistance from an infra12 structure bank under this section with respect to a

13 project only if the metropolitan planning organiza14 tion designated for the area concurs, in writing, with

15 the provision of the assistance.

16 ‘‘(d) FORMS OF ASSISTANCE FROM INFRASTRUC17 TURE BANKS.—

18 ‘‘(1) IN GENERAL.—An infrastructure bank es19 tablished under this section may make loans or pro20 vide other assistance to a public or private entity in

21 an amount equal to all or part of the cost of carry22 ing out a project eligible for assistance under this

23 section.

24 ‘‘(2) SUBORDINATION OF LOANS.—The amount

25 of any loan or other assistance provided for the
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1 project may be subordinated to any other debt fi2 nancing for the project.

3 ‘‘(3) INITIAL ASSISTANCE.—Initial assistance

4 provided with respect to a project from Federal

5 funds contributed to an infrastructure bank under

6 this section shall not be made in the form of a

7 grant.

8 ‘‘(e) QUALIFYING PROJECTS.—

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

10 Federal funds in an infrastructure bank established

11 under this section may be used only to provide as12 sistance with respect to projects eligible for assist13 ance under this title or for capital projects (as de14 fined in section 5302 of title 49).

15 ‘‘(2) INTERSTATE FUNDS.—Funds contributed

16 to an infrastructure bank from funds apportioned to

17 a State under subparagraph (A) or (B) of section

18 104(b)(1) may be used only to provide assistance

19 with respect to projects eligible for assistance under

20 those subparagraphs.

21 ‘‘(3) RAIL PROGRAM FUNDS.—Funds contrib22 uted to an infrastructure bank from funds made

23 available to a State under subtitle V of title 49 shall

24 be used in a manner consistent with any project de-
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•S 1173 IS

1 scription specified under the law making the funds

2 available to the State.

3 ‘‘(f) INFRASTRUCTURE BANK REQUIREMENTS.—

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

5 in order to establish an infrastructure bank under

6 this section, each State establishing such a bank

7 shall—

8 ‘‘(A) contribute, at a minimum, to the

9 bank from non-Federal sources an amount

10 equal to 25 percent of the amount of each cap11 italization grant made to the State and contrib12 uted to the bank under subsection (c);

13 ‘‘(B) ensure that the bank maintains on a

14 continuing basis an investment grade rating on

15 its debt issuances and its ability to pay claims

16 under credit enhancement programs of the

17 bank;

18 ‘‘(C) ensure that investment income gen19 erated by funds contributed to the bank will

20 be—

21 ‘‘(i) credited to the bank;

22 ‘‘(ii) available for use in providing

23 loans and other assistance to projects eligi24 ble for assistance from the bank; and
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1 ‘‘(iii) invested in United States Treas2 ury securities, bank deposits, or such other

3 financing instruments as the Secretary

4 may approve to earn interest to enhance

5 the leveraging of projects assisted by the

6 bank;

7 ‘‘(D) ensure that any loan from the bank

8 will bear interest at or below market rates, as

9 determined by the State, to make the project

10 that is the subject of the loan feasible;

11 ‘‘(E) ensure that repayment of the loan

12 from the bank will commence not later than 5

13 years after the project has been completed or,

14 in the case of a highway project, the facility has

15 opened to traffic, whichever is later;

16 ‘‘(F) ensure that the term for repaying any

17 loan will not exceed the lesser of—

18 ‘‘(i) 35 years after the date of the

19 first payment on the loan under subpara20 graph (E); or

21 ‘‘(ii) the useful life of the investment;

22 and

23 ‘‘(G) require the bank to make a biennial

24 report to the Secretary and to make such other
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1 reports as the Secretary may require in guide2 lines.

3 ‘‘(2) WAIVERS BY THE SECRETARY.—The Sec4 retary may waive a requirement of any of subpara5 graphs (C) through (G) of paragraph (1) with re6 spect to an infrastructure bank if the Secretary de7 termines that the waiver is consistent with the objec8 tives of this section.

9 ‘‘(g) LIMITATION ON REPAYMENTS.—Notwithstand10 ing any other provision of law, the repayment of a loan

11 or other assistance provided from an infrastructure bank

12 under this section may not be credited toward the non13 Federal share of the cost of any project.

14 ‘‘(h) SECRETARIAL REQUIREMENTS.—In administer15 ing this section, the Secretary shall—

16 ‘‘(1) ensure that Federal disbursements shall be

17 at an annual rate of not more than 20 percent of

18 the amount designated by the State for State infra19 structure bank capitalization under subsection

20 (c)(1), except that the Secretary may disburse funds

21 to a State in an amount needed to finance a specific

22 project; and

23 ‘‘(2) revise cooperative agreements entered into

24 with States under section 350 of the National High-
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•S 1173 IS

1 way System Designation Act of 1995 (Public Law

2 104–59) to comply with this section.

3 ‘‘(i) APPLICABILITY OF FEDERAL LAW.—

4 ‘‘(1) IN GENERAL.—The requirements of this

5 title or title 49 that would otherwise apply to funds

6 made available under that title and projects assisted

7 with those funds shall apply to—

8 ‘‘(A) funds made available under that title

9 and contributed to an infrastructure bank es10 tablished under this section, including the non11 Federal contribution required under section (f);

12 and

13 ‘‘(B) projects assisted by the bank through

14 the use of the funds;

15 except to the extent that the Secretary determines

16 that any requirement of that title is not consistent

17 with the objectives of this section.

18 ‘‘(2) REPAYMENTS.—The requirements of this

19 title or title 49 shall not apply to repayments from

20 non-Federal sources to an infrastructure bank from

21 projects assisted by the bank. Such a repayment

22 shall not be considered to be Federal funds.

23 ‘‘(j) UNITED STATES NOT OBLIGATED.—

24 ‘‘(1) IN GENERAL.—The contribution of Fed25 eral funds to an infrastructure bank established
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•S 1173 IS

1 under this section shall not be construed as a com2 mitment, guarantee, or obligation on the part of the

3 United States to any third party. No third party

4 shall have any right against the United States for

5 payment solely by virtue of the contribution.

6 ‘‘(2) STATEMENT.—Any security or debt fi7 nancing instrument issued by the infrastructure

8 bank shall expressly state that the security or in9 strument does not constitute a commitment, guaran10 tee, or obligation of the United States.

11 ‘‘(k) MANAGEMENT OF FEDERAL FUNDS.—Sections

12 3335 and 6503 of title 31, United States Code, shall not

13 apply to funds contributed under this section.

14 ‘‘(l) PROGRAM ADMINISTRATION.—

15 ‘‘(1) IN GENERAL.—A State may expend not to

16 exceed 2 percent of the Federal funds contributed to

17 an infrastructure bank established by the State

18 under this section to pay the reasonable costs of ad19 ministering the bank.

20 ‘‘(2) NON-FEDERAL FUNDS.—The limitation de21 scribed in paragraph (1) shall not apply to non-Fed22 eral funds.’’.

23 (b) CONFORMING AMENDMENT.—The analysis for

24 chapter 1 of title 23, United States Code, is amended by

25 adding at the end the following:

‘‘162. State infrastructure bank program.’’.
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1 CHAPTER 2—TRANSPORTATION INFRA2 STRUCTURE FINANCE AND INNOVA3 TION

4 SEC. 1311. SHORT TITLE.

5 This chapter may be cited as the ‘‘Transportation In6 frastructure Finance and Innovation Act of 1997’’.

7 SEC. 1312. FINDINGS.

8 Congress finds that—

9 (1) a well-developed system of transportation

10 infrastructure is critical to the economic well-being,

11 health, and welfare of the people of the United

12 States;

13 (2) traditional public funding techniques such

14 as grant programs are unable to keep pace with the

15 infrastructure investment needs of the United States

16 because of budgetary constraints at the Federal,

17 State, and local levels of government;

18 (3) major transportation infrastructure facilities

19 that address critical national needs, such as inter20 modal facilities, border crossings, and multistate

21 trade corridors, are of a scale that exceeds the ca22 pacity of Federal and State assistance programs in

23 effect on the date of enactment of this Act;

24 (4) new investment capital can be attracted to

25 infrastructure projects that are capable of generat-
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•S 1173 IS

1 ing their own revenue streams through user charges

2 or other dedicated funding sources; and

3 (5) a Federal credit program for projects of na4 tional significance can complement existing funding

5 resources by filling market gaps, thereby leveraging

6 substantial private co-investment.

7 SEC. 1313. DEFINITIONS.

8 In this chapter:

9 (1) ELIGIBLE PROJECT COSTS.—The term ‘‘eli10 gible project costs’’ means amounts substantially all

11 of which are paid by, or for the account of, an obli12 gor in connection with a project, including the cost

13 of—

14 (A) development phase activities, including

15 planning, feasibility analysis, revenue forecast16 ing, environmental review, permitting, prelimi17 nary engineering and design work, and other

18 preconstruction activities;

19 (B) construction, reconstruction, rehabili20 tation, replacement, and acquisition of real

21 property (including land related to the project

22 and improvements to land), environmental miti23 gation, construction contingencies, and acquisi24 tion of equipment; and
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1 (C) interest during construction, reason2 ably required reserve funds, capital issuance ex3 penses, and other carrying costs during con4 struction.

5 (2) FEDERAL CREDIT INSTRUMENT.—The term

6 ‘‘Federal credit instrument’’ means a secured loan,

7 loan guarantee, or line of credit authorized to be

8 made available under this chapter with respect to a

9 project.

10 (3) LENDER.—The term ‘‘lender’’ means any

11 non-Federal qualified institutional buyer (as defined

12 in section 230.144A(a) of title 17, Code of Federal

13 Regulations (or any successor regulation), known as

14 Rule 144A(a) of the Securities and Exchange Com15 mission and issued under the Securities Act of 1933

16 (15 U.S.C. 77a et seq.)), including—

17 (A) a qualified retirement plan (as defined

18 in section 4974(c) of the Internal Revenue Code

19 of 1986) that is a qualified institutional buyer;

20 and

21 (B) a governmental plan (as defined in

22 section 414(d) of the Internal Revenue Code of

23 1986) that is a qualified institutional buyer.

24 (4) LINE OF CREDIT.—The term ‘‘line of cred25 it’’ means an agreement entered into by the Sec-
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1 retary with an obligor under section 1316 to provide

2 a direct loan at a future date upon the occurrence

3 of certain events.

4 (5) LOAN GUARANTEE.—The term ‘‘loan guar5 antee’’ means any guarantee or other pledge by the

6 Secretary to pay all or part of the principal of and

7 interest on a loan or other debt obligation issued by

8 an obligor and funded by a lender.

9 (6) LOCAL SERVICER.—The term ‘‘local

10 servicer’’ means—

11 (A) a State infrastructure bank established

12 under title 23, United States Code; or

13 (B) a State or local government or any

14 agency of a State or local government that is

15 responsible for servicing a Federal credit instru16 ment on behalf of the Secretary.

17 (7) OBLIGOR.—The term ‘‘obligor’’ means a

18 party primarily liable for payment of the principal of

19 or interest on a Federal credit instrument, which

20 party may be a corporation, partnership, joint ven21 ture, trust, or governmental entity, agency, or in22 strumentality.

23 (8) PROJECT.—The term ‘‘project’’ means any

24 surface transportation project eligible for Federal
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•S 1173 IS

1 assistance under title 23 or chapter 53 of title 49,

2 United States Code.

3 (9) PROJECT OBLIGATION.—The term ‘‘project

4 obligation’’ means any note, bond, debenture, or

5 other debt obligation issued by an obligor in connec6 tion with the financing of a project, other than a

7 Federal credit instrument.

8 (10) SECURED LOAN.—The term ‘‘secured

9 loan’’ means a direct loan or other debt obligation

10 issued by an obligor and funded by the Secretary in

11 connection with the financing of a project under sec12 tion 1315.

13 (11) STATE.—The term ‘‘State’’ has the mean14 ing given the term in section 101 of title 23, United

15 States Code.

16 (12) SUBSTANTIAL COMPLETION.—The term

17 ‘‘substantial completion’’ means the opening of a

18 project to vehicular or passenger traffic.

19 SEC. 1314. DETERMINATION OF ELIGIBILITY AND PROJECT

20 SELECTION.

21 (a) ELIGIBILITY.—To be eligible to receive financial

22 assistance under this chapter, a project shall meet the fol23 lowing criteria:

24 (1) INCLUSION IN TRANSPORTATION PLANS

25 AND PROGRAMS.—The project—
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1 (A) shall be included in the State transpor2 tation plan required under section 135 of title

3 23, United States Code; and

4 (B) at such time as an agreement to make

5 available a Federal credit instrument is entered

6 into under this chapter, shall be included in the

7 approved State transportation improvement

8 program required under section 134 of that

9 title.

10 (2) APPLICATION.—A State, a local servicer

11 identified under section 1317(a), or the entity un12 dertaking the project shall submit a project applica13 tion to the Secretary.

14 (3) ELIGIBLE PROJECT COSTS.—

15 (A) IN GENERAL.—Except as provided in

16 subparagraph (B), to be eligible for assistance

17 under this chapter, a project shall have eligible

18 project costs that are reasonably anticipated to

19 equal or exceed the lesser of—

20 (i) $100,000,000; or

21 (ii) 50 percent of the amount of Fed22 eral-aid highway funds apportioned for the

23 most recently-completed fiscal year under

24 title 23, United States Code, to the State

25 in which the project is located.
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1 (B) INTELLIGENT TRANSPORTATION SYS2 TEM PROJECTS.—In the case of a project in3 volving the installation of an intelligent trans4 portation system, eligible project costs shall be

5 reasonably anticipated to equal or exceed

6 $30,000,000.

7 (4) DEDICATED REVENUE SOURCES.—Project

8 financing shall be repayable in whole or in part by

9 user charges or other dedicated revenue sources.

10 (5) PUBLIC SPONSORSHIP OF PRIVATE ENTI11 TIES.—In the case of a project that is undertaken

12 by an entity that is not a State or local government

13 or an agency or instrumentality of a State or local

14 government, the project that the entity is undertak15 ing shall be publicly sponsored as provided in para16 graphs (1) and (2).

17 (b) SELECTION AMONG ELIGIBLE PROJECTS.—

18 (1) ESTABLISHMENT.—The Secretary shall es19 tablish criteria for selecting among projects that

20 meet the eligibility criteria specified in subsection

21 (a).

22 (2) SELECTION CRITERIA.—The selection cri23 teria shall include the following:

24 (A) The extent to which the project is na25 tionally or regionally significant, in terms of
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1 generating economic benefits, supporting inter2 national commerce, or otherwise enhancing the

3 national transportation system.

4 (B) The creditworthiness of the project, in5 cluding a determination by the Secretary that

6 any financing for the project has appropriate

7 security features, such as a rate covenant, to

8 ensure repayment. The Secretary shall require

9 each project applicant to provide a preliminary

10 rating opinion letter from a nationally recog11 nized bond rating agency.

12 (C) The extent to which assistance under

13 this chapter would foster innovative public-pri14 vate partnerships and attract private debt or

15 equity investment.

16 (D) The likelihood that assistance under

17 this chapter would enable the project to proceed

18 at an earlier date than the project would other19 wise be able to proceed.

20 (E) The extent to which the project uses

21 new technologies, including intelligent transpor22 tation systems, that enhance the efficiency of

23 the project.
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1 (F) The amount of budget authority re2 quired to fund the Federal credit instrument

3 made available under this chapter.

4 (c) FEDERAL REQUIREMENTS.—The following provi5 sions of law shall apply to funds made available under this

6 chapter and projects assisted with the funds:

7 (1) Section 113 of title 23, United States Code.

8 (2) Title VI of the Civil Rights Act of 1964 (42

9 U.S.C. 2000d et seq.).

10 (3) The National Environmental Policy Act of

11 1969 (42 U.S.C. 4321 et seq.).

12 (4) The Uniform Relocation Assistance and

13 Real Property Acquisition Policies Act of 1970 (42

14 U.S.C. 4601 et seq.).

15 (5) Section 5333 of title 49, United States

16 Code.

17 SEC. 1315. SECURED LOANS.

18 (a) IN GENERAL.—

19 (1) AGREEMENTS.—Subject to paragraphs (2)

20 and (3), the Secretary may enter into agreements

21 with 1 or more obligors to make secured loans, the

22 proceeds of which shall be used—

23 (A) to finance eligible project costs; or

24 (B) to refinance interim construction fi25 nancing of eligible project costs;
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1 of any project selected under section 1314.

2 (2) LIMITATION ON REFINANCING OF INTERIM

3 CONSTRUCTION FINANCING.—A loan under para4 graph (1) shall not refinance interim construction fi5 nancing under paragraph (1)(B) later than 1 year

6 after the date of substantial completion of the

7 project.

8 (3) AUTHORIZATION PERIOD.—The Secretary

9 may enter into a loan agreement during any of fiscal

10 years 1998 through 2003.

11 (b) TERMS AND LIMITATIONS.—

12 (1) IN GENERAL.—A secured loan under this

13 section with respect to a project shall be on such

14 terms and conditions and contain such covenants,

15 representations, warranties, and requirements (in16 cluding requirements for audits) as the Secretary de17 termines appropriate.

18 (2) MAXIMUM AMOUNT.—The amount of the se19 cured loan shall not exceed 33 percent of the reason20 ably anticipated eligible project costs.

21 (3) PAYMENT.—The secured loan—

22 (A) shall be payable, in whole or in part,

23 from revenues generated by any rate covenant,

24 coverage requirement, or similar security fea-
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1 ture supporting the project obligations or from

2 a dedicated revenue stream; and

3 (B) may have a lien on revenues described

4 in subparagraph (A) subject to any lien secur5 ing project obligations.

6 (4) INTEREST RATE.—The interest rate on the

7 secured loan shall be equal to the yield on market8 able United States Treasury securities of a similar

9 maturity to the maturity of the secured loan on the

10 date of execution of the loan agreement.

11 (5) MATURITY DATE.—The final maturity date

12 of the secured loan shall be not later than 35 years

13 after the date of substantial completion of the

14 project.

15 (6) NONSUBORDINATION.—The secured loan

16 shall not be subordinated to the claims of any holder

17 of project obligations in the event of bankruptcy, in18 solvency, or liquidation of the obligor.

19 (7) FEES.—The Secretary may establish fees at

20 a level sufficient to cover the costs to the Federal

21 Government of making a secured loan under this

22 section.

23 (c) REPAYMENT.—

24 (1) SCHEDULE.—The Secretary shall establish

25 a repayment schedule for each secured loan under
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•S 1173 IS

1 this section based on the projected cash flow from

2 project revenues and other repayment sources.

3 (2) COMMENCEMENT.—Scheduled loan repay4 ments of principal or interest on a secured loan

5 under this section shall commence not later than 5

6 years after the date of substantial completion of the

7 project.

8 (3) SOURCES OF REPAYMENT FUNDS.—The

9 sources of funds for scheduled loan repayments

10 under this section shall include tolls, user fees, or

11 other dedicated revenue sources.

12 (4) DEFERRED PAYMENTS.—

13 (A) AUTHORIZATION.—If, at any time dur14 ing the 10 years after the date of substantial

15 completion of the project, the project is unable

16 to generate sufficient revenues to pay scheduled

17 principal and interest on the secured loan, the

18 Secretary may, pursuant to established criteria

19 for the project agreed to by the entity under20 taking the project and the Secretary, allow the

21 obligor to add unpaid principal and interest to

22 the outstanding balance of the secured loan.

23 (B) INTEREST.—Any payment deferred

24 under subparagraph (A) shall—
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1 (i) continue to accrue interest in ac2 cordance with subsection (b)(4) until fully

3 repaid; and

4 (ii) be scheduled to be amortized over

5 the remaining term of the loan beginning

6 not later than 10 years after the date of

7 substantial completion of the project in ac8 cordance with paragraph (1).

9 (5) PREPAYMENT.—

10 (A) USE OF EXCESS REVENUES.—Any ex11 cess revenues that remain after satisfying

12 scheduled debt service requirements on the

13 project obligations and secured loan and all de14 posit requirements under the terms of any trust

15 agreement, bond resolution, or similar agree16 ment securing project obligations may be ap17 plied annually to prepay the secured loan with18 out penalty.

19 (B) USE OF PROCEEDS OF REFINANC20 ING.—The secured loan may be prepaid at any

21 time without penalty from the proceeds of refi22 nancing from non-Federal funding sources.

23 (d) SALE OF SECURED LOANS.—As soon as prac24 ticable after substantial completion of a project, the Sec25 retary shall sell to another entity or reoffer into the capital
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•S 1173 IS

1 markets a secured loan for the project if the Secretary

2 determines that the sale or reoffering can be made on fa3 vorable terms.

4 (e) LOAN GUARANTEES.—

5 (1) IN GENERAL.—The Secretary may provide a

6 loan guarantee to a lender in lieu of making a se7 cured loan if the Secretary determines that the

8 budgetary cost of the loan guarantee is substantially

9 the same as that of a secured loan.

10 (2) TERMS.—The terms of a guaranteed loan

11 shall be consistent with the terms set forth in this

12 section for a secured loan, except that the rate on

13 the guaranteed loan and any prepayment features

14 shall be negotiated between the obligor and the lend15 er, with the consent of the Secretary.

16 SEC. 1316. LINES OF CREDIT.

17 (a) IN GENERAL.—

18 (1) AGREEMENTS.—The Secretary may enter

19 into agreements to make available lines of credit to

20 1 or more obligors in the form of direct loans to be

21 made by the Secretary at future dates on the occur22 rence of certain events for any project selected under

23 section 1314.

24 (2) USE OF PROCEEDS.—The proceeds of a line

25 of credit made available under this section shall be
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•S 1173 IS

1 available to pay debt service on project obligations

2 issued to finance eligible project costs, extraordinary

3 repair and replacement costs, operation and mainte4 nance expenses, and costs associated with unex5 pected Federal or State environmental restrictions.

6 (b) TERMS AND LIMITATIONS.—

7 (1) IN GENERAL.—A line of credit under this

8 section with respect to a project shall be on such

9 terms and conditions and contain such covenants,

10 representations, warranties, and requirements (in11 cluding requirements for audits) as the Secretary de12 termines appropriate.

13 (2) MAXIMUM AMOUNTS.—

14 (A) TOTAL AMOUNT.—The total amount of

15 the line of credit shall not exceed 33 percent of

16 the reasonably anticipated eligible project costs.

17 (B) ONE-YEAR DRAWS.—The amount

18 drawn in any 1 year shall not exceed 20 percent

19 of the total amount of the line of credit.

20 (3) DRAWS.—Any draw on the line of credit

21 shall represent a direct loan and shall be made only

22 if net revenues from the project (including capital23 ized interest, any debt service reserve fund, and any

24 other available reserve) are insufficient to pay debt

25 service on project obligations.
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•S 1173 IS

1 (4) INTEREST RATE.—The interest rate on a

2 direct loan resulting from a draw on the line of cred3 it shall be equal to the yield on 30-year marketable

4 United States Treasury securities as of the date on

5 which the line of credit is obligated.

6 (5) SECURITY.—The line of credit—

7 (A) shall be made available only in connec8 tion with a project obligation secured, in whole

9 or in part, by a rate covenant, coverage require10 ment, or similar security feature or from a

11 dedicated revenue stream; and

12 (B) may have a lien on revenues described

13 in subparagraph (A) subject to any lien secur14 ing project obligations.

15 (6) PERIOD OF AVAILABILITY.—The line of

16 credit shall be available during the period beginning

17 on the date of substantial completion of the project

18 and ending not later than 10 years after that date.

19 (7) RIGHTS OF THIRD PARTY CREDITORS.—

20 (A) AGAINST FEDERAL GOVERNMENT.—A

21 third party creditor of the obligor shall not have

22 any right against the Federal Government with

23 respect to any draw on the line of credit.
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•S 1173 IS

1 (B) ASSIGNMENT.—An obligor may assign

2 the line of credit to 1 or more lenders or to a

3 trustee on the lenders’ behalf.

4 (8) NONSUBORDINATION.—A direct loan under

5 this section shall not be subordinated to the claims

6 of any holder of project obligations in the event of

7 bankruptcy, insolvency, or liquidation of the obligor.

8 (9) FEES.—The Secretary may establish fees at

9 a level sufficient to cover the costs to the Federal

10 Government of providing a line of credit under this

11 section.

12 (10) RELATIONSHIP TO OTHER CREDIT INSTRU13 MENTS.—A line of credit under this section shall not

14 be issued for a project with respect to which another

15 Federal credit instrument under this chapter is

16 made available.

17 (c) REPAYMENT.—

18 (1) SCHEDULE.—The Secretary shall establish

19 a repayment schedule for each direct loan under this

20 section based on the projected cash flow from project

21 revenues and other repayment sources.

22 (2) TIMING.—All scheduled repayments of prin23 cipal or interest on a direct loan under this section

24 shall commence not later than 5 years after substan25 tial completion of the project and be fully repaid,
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•S 1173 IS

1 with interest, by the date that is 20 years after the

2 end of the period of availability specified in sub3 section (b)(6).

4 (3) SOURCES OF REPAYMENT FUNDS.—The

5 sources of funds for scheduled loan repayments

6 under this section shall include tolls, user fees, or

7 other dedicated revenue sources.

8 SEC. 1317. PROJECT SERVICING.

9 (a) REQUIREMENT.—The State in which a project

10 that receives financial assistance under this chapter is lo11 cated may identify a local servicer to assist the Secretary

12 in servicing the Federal credit instrument made available

13 under this chapter.

14 (b) AGENCY; FEES.—If a State identifies a local

15 servicer under subsection (a), the local servicer—

16 (1) shall act as the agent for the Secretary; and

17 (2) may receive a servicing fee, subject to ap18 proval by the Secretary.

19 (c) LIABILITY.—A local servicer identified under sub20 section (a) shall not be liable for the obligations of the

21 obligor to the Secretary or any lender.

22 (d) ASSISTANCE FROM EXPERT FIRMS.—The Sec23 retary may retain the services of expert firms in the field

24 of municipal and project finance to assist in the underwrit25 ing and servicing of Federal credit instruments.
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1 SEC. 1318. OFFICE OF INFRASTRUCTURE FINANCE.

2 (a) DUTIES OF THE SECRETARY.—Section 301 of

3 title 49, United States Code, is amended—

4 (1) in paragraph (7), by striking ‘‘and’’ at the

5 end;

6 (2) in paragraph (8), by striking the period at

7 the end and inserting ‘‘; and’’; and

8 (3) by adding at the end the following:

9 ‘‘(9) develop and coordinate Federal policy on

10 financing transportation infrastructure, including

11 the provision of direct Federal credit assistance and

12 other techniques used to leverage Federal transpor13 tation funds.’’.

14 (b) OFFICE OF INFRASTRUCTURE FINANCE.—

15 (1) IN GENERAL.—Chapter 1 of title 49, United

16 States Code, is amended by adding at the end the

17 following:

18 ‘‘§ 113. Office of Infrastructure Finance

19 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor20 tation shall establish within the Office of the Secretary

21 an Office of Infrastructure Finance.

22 ‘‘(b) DIRECTOR.—The Office shall be headed by a Di23 rector who shall be appointed by the Secretary not later

24 than 180 days after the date of enactment of this section.

25 ‘‘(c) FUNCTIONS.—The Director shall be responsible

26 for—
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1 ‘‘(1) carrying out the responsibilities of the Sec2 retary described in section 301(9);

3 ‘‘(2) carrying out research on financing trans4 portation infrastructure, including educational pro5 grams and other initiatives to support Federal,

6 State, and local government efforts; and

7 ‘‘(3) providing technical assistance to Federal,

8 State, and local government agencies and officials to

9 facilitate the development and use of alternative

10 techniques for financing transportation infrastruc11 ture.’’.

12 (2) CONFORMING AMENDMENT.—The analysis

13 for chapter 1 of title 49, United States Code, is

14 amended by adding at the end the following:

‘‘113. Office of Infrastructure Finance.’’.

15 SEC. 1319. STATE AND LOCAL PERMITS.

16 The provision of financial assistance under this chap17 ter with respect to a project shall not—

18 (1) relieve any recipient of the assistance of any

19 obligation to obtain any required State or local per20 mit or approval with respect to the project;

21 (2) limit the right of any unit of State or local

22 government to approve or regulate any rate of re23 turn on private equity invested in the project; or
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1 (3) otherwise supersede any State or local law

2 (including any regulation) applicable to the construc3 tion or operation of the project.

4 SEC. 1320. REGULATIONS.

5 The Secretary may issue such regulations as the Sec6 retary determines appropriate to carry out this chapter

7 and the amendments made by this chapter.

8 SEC. 1321. FUNDING.

9 (a) AUTHORIZATION OF CONTRACT AUTHORITY.—

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

11 from the Highway Trust Fund (other than the Mass

12 Transit Account) to carry out this chapter—

13 (A) $60,000,000 for fiscal year 1998;

14 (B) $60,000,000 for fiscal year 1999;

15 (C) $90,000,000 for fiscal year 2000;

16 (D) $90,000,000 for fiscal year 2001;

17 (E) $100,000,000 for fiscal year 2002; and

18 (F) $100,000,000 for fiscal year 2003.

19 (2) ADMINISTRATIVE COSTS.—From funds

20 made available under paragraph (1), the Secretary

21 may use, for the administration of this chapter, not

22 more than $2,000,000 for each of fiscal years 1998

23 through 2003.
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1 (3) AVAILABILITY.—Amounts made available

2 under paragraph (1) shall remain available until ex3 pended.

4 (b) CONTRACT AUTHORITY.—

5 (1) IN GENERAL.—Notwithstanding any other

6 provision of law, approval by the Secretary of a Fed7 eral credit instrument that uses funds made avail8 able under this chapter shall be deemed to be ac9 ceptance by the United States of a contractual obli10 gation to fund the Federal credit instrument.

11 (2) AVAILABILITY.—Amounts authorized under

12 this section for a fiscal year shall be available for ob13 ligation on October 1 of the fiscal year.

14 (c) LIMITATIONS ON CREDIT AMOUNTS.—For each

15 of fiscal years 1998 through 2003, principal amounts of

16 Federal credit instruments made available under this

17 chapter shall be limited to the amounts specified in the

18 following table:

Maximum amount

Fiscal year: of credit:

1998 ...................................................................................... $1,200,000,000

1999 ...................................................................................... $1,200,000,000

2000 ...................................................................................... $1,800,000,000

2001 ...................................................................................... $1,800,000,000

2002 ...................................................................................... $2,000,000,000

2003 ...................................................................................... $2,000,000,000.

19 SEC. 1322. REPORT TO CONGRESS.

20 Not later than 4 years after the date of enactment

21 of this Act, the Secretary shall submit to Congress a re-
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1 port summarizing the financial performance of the

2 projects that are receiving, or have received, assistance

3 under this chapter, including a recommendation as to

4 whether the objectives of this chapter are best served—

5 (1) by continuing the program under the au6 thority of the Secretary;

7 (2) by establishing a Government corporation or

8 Government-sponsored enterprise to administer the

9 program; or

10 (3) by phasing out the program and relying on

11 the capital markets to fund the types of infrastruc12 ture investments assisted by this chapter without

13 Federal participation.

14 Subtitle D—Safety

15 SEC. 1401. OPERATION LIFESAVER.

16 Section 104 of title 23, United States Code (as

17 amended by section 1102(a)), is amended—

18 (1) in the matter preceding paragraph (1) of

19 subsection (b), by striking ‘‘subsection (f)’’ and in20 serting ‘‘subsections (d) and (f)’’; and

21 (2) in subsection (d), by striking paragraph (1)

22 and inserting the following:

23 ‘‘(1) OPERATION LIFESAVER.—Before making

24 an apportionment of funds under subsection (b)(3)

25 for a fiscal year, the Secretary shall set aside
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1 $500,000 of the funds authorized to be appropriated

2 for the surface transportation program for the fiscal

3 year to carry out a public information and education

4 program to help prevent and reduce motor vehicle

5 accidents, injuries, and fatalities and to improve

6 driver performance at railway-highway crossings.’’.

7 SEC. 1402. RAILWAY-HIGHWAY CROSSING HAZARD ELIMI8 NATION IN HIGH SPEED RAIL CORRIDORS.

9 Section 104(d) of title 23, United States Code, is

10 amended by striking paragraphs (2) and (3) and inserting

11 the following:

12 ‘‘(2) RAILWAY-HIGHWAY CROSSING HAZARD

13 ELIMINATION IN HIGH SPEED RAIL CORRIDORS.—

14 ‘‘(A) IN GENERAL.—Before making an ap15 portionment of funds under subsection (b)(3)

16 for a fiscal year, the Secretary shall set aside

17 $5,000,000 of the funds authorized to be appro18 priated for the surface transportation program

19 for the fiscal year for elimination of hazards of

20 railway-highway crossings.

21 ‘‘(B) ELIGIBLE CORRIDORS.—Funds made

22 available under subparagraph (A) shall be ex23 pended for projects in—

24 ‘‘(i) 5 railway corridors selected by

25 the Secretary in accordance with this sub-
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•S 1173 IS

1 section (as in effect on the day before the

2 date of enactment of this clause); and

3 ‘‘(ii) 3 railway corridors selected by

4 the Secretary in accordance with subpara5 graphs (C) and (D).

6 ‘‘(C) REQUIRED INCLUSION OF HIGH

7 SPEED RAIL LINES.—A corridor selected by the

8 Secretary under subparagraph (A) shall include

9 rail lines where railroad speeds of 90 miles or

10 more per hour are occurring or can reasonably

11 be expected to occur in the future.

12 ‘‘(D) CONSIDERATIONS IN CORRIDOR SE13 LECTION.—In selecting corridors under sub14 paragraph (A), the Secretary shall consider—

15 ‘‘(i) projected rail ridership volume in

16 each corridor;

17 ‘‘(ii) the percentage of each corridor

18 over which a train will be capable of oper19 ating at its maximum cruise speed taking

20 into account such factors as topography

21 and other traffic on the line;

22 ‘‘(iii) projected benefits to nonriders

23 such as congestion relief on other modes of

24 transportation serving each corridor (in-
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•S 1173 IS

1 cluding congestion in heavily traveled air

2 passenger corridors);

3 ‘‘(iv) the amount of State and local fi4 nancial support that can reasonably be an5 ticipated for the improvement of the line

6 and related facilities; and

7 ‘‘(v) the cooperation of the owner of

8 the right-of-way that can reasonably be ex9 pected in the operation of high speed rail

10 passenger service in each corridor.’’.

11 SEC. 1403. RAILWAY-HIGHWAY CROSSINGS.

12 Section 130 of title 23, United States Code, is

13 amended—

14 (1) in the first sentence of subsection (a)—

15 (A) by striking ‘‘structures, and’’ and in16 serting ‘‘structures,’’; and

17 (B) by inserting after ‘‘grade crossings,’’

18 the following: ‘‘trespassing countermeasures,

19 railway-highway crossing safety education, en20 forcement of traffic laws relating to railway21 highway crossing safety, and projects at pri22 vately owned railway-highway crossings if each

23 such project is publicly sponsored and the Sec24 retary determines that the project would serve

25 a public benefit’’;
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1 (2) in subsection (d), by adding at the end the

2 following: ‘‘In a manner established by the Sec3 retary, each State shall submit a report that de4 scribes completed railway-highway crossing projects

5 funded under this section to the Department of

6 Transportation for inclusion in the National Grade

7 Crossing Inventory prepared by the Department of

8 Transportation and the Association of American

9 Railroads.’’; and

10 (3) by striking subsection (e).

11 SEC. 1404. HAZARD ELIMINATION PROGRAM.

12 (a) IN GENERAL.—Section 152 of title 23, United

13 States Code, is amended—

14 (1) in subsection (a), by inserting ‘‘, bicyclists,’’

15 after ‘‘motorists’’;

16 (2) in subsection (b), by striking ‘‘highway safe17 ty improvement project’’ and inserting ‘‘safety im18 provement project, including a project described in

19 subsection (a)’’; and

20 (3) in subsection (c), by striking ‘‘(other than

21 a highway on the Interstate System)’’.

22 (b) CONFORMING AMENDMENTS.—

23 (1) Section 101(a) of title 23, United States

24 Code, is amended—
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1 (A) in the undesignated paragraph defin2 ing ‘‘highway safety improvement project’’, by

3 striking ‘‘highway safety’’ and inserting ‘‘safe4 ty’’; and

5 (B) by moving that undesignated para6 graph to appear before the undesignated para7 graph defining ‘‘Secretary’’.

8 (2) Section 152 of title 23, United States Code,

9 is amended in subsections (f) and (g) by striking

10 ‘‘highway safety improvement projects’’ each place it

11 appears and inserting ‘‘safety improvement

12 projects’’.

13 SEC. 1405. MINIMUM PENALTIES FOR REPEAT OFFENDERS

14 FOR DRIVING WHILE INTOXICATED OR DRIV15 ING UNDER THE INFLUENCE.

16 (a) IN GENERAL.—Chapter 1 of title 23, United

17 States Code (as amended by section 1301(a)), is amended

18 by adding at the end the following:

19 ‘‘§ 163. Minimum penalties for repeat offenders for

20 driving while intoxicated or driving

21 under the influence

22 ‘‘(a) DEFINITIONS.—In this section:

23 ‘‘(1) ALCOHOL CONCENTRATION.—The term

24 ‘alcohol concentration’ means grams of alcohol per
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•S 1173 IS

1 100 milliliters of blood or grams of alcohol per 210

2 liters of breath.

3 ‘‘(2) DRIVING WHILE INTOXICATED; DRIVING

4 UNDER THE INFLUENCE.—The terms ‘driving while

5 intoxicated’ and ‘driving under the influence’ mean

6 driving or being in actual physical control of a motor

7 vehicle while having an alcohol concentration above

8 the permitted limit as established by each State.

9 ‘‘(3) LICENSE SUSPENSION.—The term ‘license

10 suspension’ means the suspension of all driving

11 privileges.

12 ‘‘(4) MOTOR VEHICLE.—The term ‘motor vehi13 cle’ means a vehicle driven or drawn by mechanical

14 power and manufactured primarily for use on public

15 highways, but does not include a vehicle operated

16 solely on a rail line or a commercial vehicle.

17 ‘‘(5) REPEAT INTOXICATED DRIVER LAW.—The

18 term ‘repeat intoxicated driver law’ means a State

19 law that provides, as a minimum penalty, that an in20 dividual convicted of a second or subsequent offense

21 for driving while intoxicated or driving under the in22 fluence within 5 years after a conviction for that of23 fense whose alcohol concentration with respect to the

24 second or subsequent offense was determined on the
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•S 1173 IS

1 basis of a chemical test to be equal to or greater

2 than 0.15 shall receive—

3 ‘‘(A) a license suspension for not less than

4 1 year;

5 ‘‘(B) an assessment of the individual’s de6 gree of abuse of alcohol and treatment as ap7 propriate; and

8 ‘‘(C) either—

9 ‘‘(i) an assignment of 30 days of com10 munity service; or

11 ‘‘(ii) 5 days of imprisonment.

12 ‘‘(b) TRANSFER OF FUNDS.—

13 ‘‘(1) FISCAL YEARS 2001 AND 2002.—

14 ‘‘(A) IN GENERAL.—On October 1, 2000,

15 and October 1, 2001, if a State has not enacted

16 or is not enforcing a repeat intoxicated driver

17 law, the Secretary shall transfer an amount

equal to 11 18 ⁄2 percent of the funds apportioned

19 to the State on that date under paragraphs (1)

20 and (3) of section 104(b) to the apportionment

21 of the State under section 402 to be used for

22 alcohol-impaired driving programs.

23 ‘‘(B) DERIVATION OF AMOUNT TO BE

24 TRANSFERRED.—An amount transferred under

25 subparagraph (A) may be derived—
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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 apportionment

6 of the State under section 104(b)(1) and

7 partially from the apportionment of the

8 State under section 104(b)(3).

9 ‘‘(2) FISCAL YEAR 2003 AND FISCAL YEARS

10 THEREAFTER.—On October 1, 2002, and each Octo11 ber 1 thereafter, if a State has not enacted or is not

12 enforcing a repeat intoxicated driver law, the Sec13 retary shall transfer 3 percent of the funds appor14 tioned to the State on that date under each of para15 graphs (1) and (3) of section 104(b) to the appor16 tionment of the State under section 402 to be used

17 for alcohol-impaired driving programs.

18 ‘‘(3) FEDERAL SHARE.—The Federal share of

19 the cost of a project carried out under section 402

20 with funds transferred under paragraph (1) or (2)

21 shall be 100 percent.

22 ‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.—

23 ‘‘(A) IN GENERAL.—If the Secretary trans24 fers under this subsection any funds to the ap25 portionment of a State under section 402 for a
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1 fiscal year, the Secretary shall transfer an

2 amount, determined under subparagraph (B),

3 of obligation authority distributed for the fiscal

4 year to the State for Federal-aid highways and

5 highway safety construction programs for carry6 ing out projects under section 402.

7 ‘‘(B) AMOUNT.—The amount of obligation

8 authority referred to in subparagraph (A) shall

9 be determined by multiplying—

10 ‘‘(i) the amount of funds transferred

11 under subparagraph (A) to the apportion12 ment of the State under section 402 for

13 the fiscal year; by

14 ‘‘(ii) the ratio that—

15 ‘‘(I) the amount of obligation au16 thority distributed for the fiscal year

17 to the State for Federal-aid highways

18 and highway safety construction pro19 grams; bears to

20 ‘‘(II) the total of the sums appor21 tioned to the State for Federal-aid

22 highways and highway safety con23 struction programs (excluding sums

24 not subject to any obligation limita25 tion) for the fiscal year.
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1 ‘‘(5) LIMITATION ON APPLICABILITY OF HIGH2 WAY SAFETY OBLIGATIONS.—Notwithstanding any

3 other provision of law, no limitation on the total of

4 obligations for highway safety programs under sec5 tion 402 shall apply to funds transferred under this

6 subsection to the apportionment of a State under

7 that section.’’.

8 (b) CONFORMING AMENDMENT.—The analysis for

9 chapter 1 of title 23, United States Code (as amended by

10 section 1301(b)), is amended by adding at the end the

11 following:

‘‘163. Minimum penalties for repeat offenders for driving while intoxicated or

driving under the influence.’’.

12 SEC. 1406. SAFETY INCENTIVE GRANTS FOR USE OF SEAT

13 BELTS.

14 (a) IN GENERAL.—Chapter 1 of title 23, United

15 States Code (as amended by section 1405(a)), is amended

16 by adding at the end the following:

17 ‘‘§ 164. Safety incentive grants for use of seat belts

18 ‘‘(a) DEFINITIONS.—In this section:

19 ‘‘(1) MOTOR VEHICLE.—The term ‘motor vehi20 cle’ means a vehicle driven or drawn by mechanical

21 power and manufactured primarily for use on public

22 highways, but does not include a vehicle operated

23 solely on a rail line.
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1 ‘‘(2) MULTIPURPOSE PASSENGER MOTOR VEHI2 CLE.—The term ‘multipurpose passenger motor ve3 hicle’ means a motor vehicle with motive power (ex4 cept a trailer), designed to carry not more than 10

5 individuals, that is constructed on a truck chassis or

6 is constructed with special features for occasional

7 off-road operation.

8 ‘‘(3) NATIONAL AVERAGE SEAT BELT USE

9 RATE.—The term ‘national average seat belt use

10 rate’ means, in the case of each of calendar years

11 1995 through 2001, the national average seat belt

12 use rate for that year, as determined by the Sec13 retary.

14 ‘‘(4) PASSENGER CAR.—The term ‘passenger

15 car’ means a motor vehicle with motive power (ex16 cept a multipurpose passenger motor vehicle, motor17 cycle, or trailer) designed to carry not more than 10

18 individuals.

19 ‘‘(5) PASSENGER MOTOR VEHICLE.—The term

20 ‘passenger motor vehicle’ means a passenger car or

21 a multipurpose passenger motor vehicle.

22 ‘‘(6) SAVINGS TO THE FEDERAL GOVERN23 MENT.—The term ‘savings to the Federal Govern24 ment’ means the amount of Federal budget savings

25 as determined by the Secretary.
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•S 1173 IS

1 ‘‘(7) SEAT BELT.—The term ‘seat belt’

2 means—

3 ‘‘(A) with respect to an open-body pas4 senger motor vehicle, including a convertible, an

5 occupant restraint system consisting of a lap

6 belt or a lap belt and a detachable shoulder

7 belt; and

8 ‘‘(B) with respect to any other passenger

9 motor vehicle, an occupant restraint system

10 consisting of integrated lap and shoulder belts.

11 ‘‘(8) STATE SEAT BELT USE RATE.—The term

12 ‘State seat belt use rate’ means the rate of use of

13 seat belts in passenger motor vehicles in a State, as

14 measured and submitted to the Secretary—

15 ‘‘(A) for each of calendar years 1995

16 through 1997, by the State, as adjusted by the

17 Secretary to ensure national consistency in

18 methods of measurement (as determined by the

19 Secretary); and

20 ‘‘(B) for each of calendar years 1998

21 through 2001, by the State in a manner con22 sistent with the criteria established by the Sec23 retary under subsection (e).

24 ‘‘(b) DETERMINATIONS BY THE SECRETARY.—Not

25 later than 30 days after the date of enactment of this sec-
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•S 1173 IS

1 tion, and not later than September 1 of each calendar year

2 thereafter through September 1, 2002, the Secretary shall

3 determine—

4 ‘‘(1)(A) which States had, for each of the pre5 vious calendar year (referred to in this subsection as

6 the ‘previous calendar year’) and the year preceding

7 the previous calendar year, a State seat belt use rate

8 greater than the national average seat belt use rate

9 for that year; and

10 ‘‘(B) in the case of each State described in sub11 paragraph (A), the amount that is equal to the sav12 ings to the Federal Government due to the amount

13 by which the State seat belt use rate for the pre14 vious calendar year exceeds the national average seat

15 belt use rate for that year; and

16 ‘‘(2) in the case of each State that is not a

17 State described in paragraph (1)(A)—

18 ‘‘(A) the base seat belt use rate of the

19 State, which shall be equal to the highest State

20 seat belt use rate for the State for any calendar

21 year during the period of 1995 through the cal22 endar year preceding the previous calendar

23 year; and

24 ‘‘(B) the amount that is equal to the sav25 ings to the Federal Government due to any in-
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•S 1173 IS

1 crease in the State seat belt use rate for the

2 previous calendar year over the base seat belt

3 use rate determined under subparagraph (A).

4 ‘‘(c) ALLOCATIONS.—

5 ‘‘(1) STATES WITH GREATER THAN THE NA6 TIONAL AVERAGE SEAT BELT USE RATE.—Not later

7 than 30 days after the date of enactment of this sec8 tion, and not later than each October 1 thereafter

9 through October 1, 2002, the Secretary shall allo10 cate to each State described in subsection (b)(1)(A)

11 an amount equal to the amount determined for the

12 State under subsection (b)(1)(B).

13 ‘‘(2) OTHER STATES.—Not later than 30 days

14 after the date of enactment of this section, and not

15 later than each October 1 thereafter through Octo16 ber 1, 2002, the Secretary shall allocate to each

17 State described in subsection (b)(2) an amount

18 equal to the amount determined for the State under

19 subsection (b)(2)(B).

20 ‘‘(d) USE OF FUNDS.—For each fiscal year, each

21 State that is allocated an amount under this section shall

22 use the amount for projects eligible for assistance under

23 this title.

24 ‘‘(e) CRITERIA.—Not later than 180 days after the

25 date of enactment of the Intermodal Transportation Act
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•S 1173 IS

1 of 1997, the Secretary shall establish criteria for the

2 measurement of State seat belt use rates by States to en3 sure that the measurements are accurate and representa4 tive.

5 ‘‘(f) FUNDING.—

6 ‘‘(1) AUTHORIZATION OF CONTRACT AUTHOR7 ITY.—There shall be available from the Highway

8 Trust Fund (other than the Mass Transit Account)

9 to carry out this section $60,000,000 for fiscal year

10 1998, $70,000,000 for fiscal year 1999,

11 $80,000,000 for fiscal year 2000, $90,000,000 for

12 fiscal year 2001, and $100,000,000 for each of fiscal

13 years 2002 and 2003.

14 ‘‘(2) USE OF UNALLOCATED FUNDS.—To the

15 extent that the amounts made available for any fis16 cal year under paragraph (1) exceed the total

17 amounts to be allocated under subsection (c) for the

18 fiscal year, the excess amounts—

19 ‘‘(A) shall be apportioned in accordance

20 with section 104(b)(3);

21 ‘‘(B) shall be considered to be sums made

22 available for expenditure on the surface trans23 portation program, except that the amounts

24 shall not be subject to section 133(d); and
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•S 1173 IS

1 ‘‘(C) shall be available for any purpose eli2 gible for funding under section 133.

3 ‘‘(3) ADMINISTRATIVE EXPENSES.—Not more

4 than 2 percent of the funds made available to carry

5 out this section may be used to pay the necessary

6 administrative expenses incurred in carrying out this

7 section.’’.

8 (b) CONFORMING AMENDMENT.—The analysis for

9 chapter 1 of title 23, United States Code (as amended by

10 section 1405(b)), is amended by adding at the end the

11 following:

‘‘164. Safety incentive grants for use of seat belts.’’.

12 Subtitle E—Environment

13 SEC. 1501. NATIONAL SCENIC BYWAYS PROGRAM.

14 (a) IN GENERAL.—Chapter 1 of title 23, United

15 States Code (as amended by section 1406(a)) is amended

16 by adding at the end the following:

17 ‘‘§ 165. National scenic byways program

18 ‘‘(a) DESIGNATION OF ROADS.—

19 ‘‘(1) IN GENERAL.—The Secretary shall carry

20 out a national scenic byways program that recog21 nizes roads having outstanding scenic, historic, cul22 tural, natural, recreational, and archaeological quali23 ties by designating the roads as National Scenic By24 ways or All-American Roads.
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•S 1173 IS

1 ‘‘(2) CRITERIA.—The Secretary shall designate

2 roads to be recognized under the national scenic by3 ways program in accordance with criteria developed

4 by the Secretary.

5 ‘‘(3) NOMINATION.—To be considered for the

6 designation, a road must be nominated by a State

7 or a Federal land management agency and must

8 first be designated as a State scenic byway or, in the

9 case of a road on Federal land, as a Federal land

10 management agency byway.

11 ‘‘(b) GRANTS AND TECHNICAL ASSISTANCE.—

12 ‘‘(1) IN GENERAL.—The Secretary shall make

13 grants and provide technical assistance to States

14 to—

15 ‘‘(A) implement projects on highways des16 ignated as National Scenic Byways or All17 American Roads, or as State scenic byways;

18 and

19 ‘‘(B) plan, design, and develop a State sce20 nic byway program.

21 ‘‘(2) PRIORITIES.—In making grants, the Sec22 retary shall give priority to—

23 ‘‘(A) each eligible project that is associated

24 with a highway that has been designated as a

25 National Scenic Byway or All-American Road
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•S 1173 IS

1 and that is consistent with the corridor man2 agement plan for the byway;

3 ‘‘(B) each eligible project along a State4 designated scenic byway that is consistent with

5 the corridor management plan for the byway, or

6 is intended to foster the development of such a

7 plan, and is carried out to make the byway eli8 gible for designation as a National Scenic

9 Byway or All-American Road; and

10 ‘‘(C) each eligible project that is associated

11 with the development of a State scenic byway

12 program.

13 ‘‘(c) ELIGIBLE PROJECTS.—The following are

14 projects that are eligible for Federal assistance under this

15 section:

16 ‘‘(1) An activity related to the planning, design,

17 or development of a State scenic byway program.

18 ‘‘(2) Development and implementation of a cor19 ridor management plan to maintain the scenic, his20 torical, recreational, cultural, natural, and archae21 ological characteristics of a byway corridor while

22 providing for accommodation of increased tourism

23 and development of related amenities.

24 ‘‘(3) Safety improvements to a State scenic

25 byway, National Scenic Byway, or All-American
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•S 1173 IS

1 Road to the extent that the improvements are nec2 essary to accommodate increased traffic and changes

3 in the types of vehicles using the highway as a result

4 of the designation as a State scenic byway, National

5 Scenic Byway, or All-American Road.

6 ‘‘(4) Construction along a scenic byway of a fa7 cility for pedestrians and bicyclists, rest area, turn8 out, highway shoulder improvement, passing lane,

9 overlook, or interpretive facility.

10 ‘‘(5) An improvement to a scenic byway that

11 will enhance access to an area for the purpose of

12 recreation, including water-related recreation.

13 ‘‘(6) Protection of scenic, historical, rec14 reational, cultural, natural, and archaeological re15 sources in an area adjacent to a scenic byway.

16 ‘‘(7) Development and provision of tourist in17 formation to the public, including interpretive infor18 mation about a scenic byway.

19 ‘‘(8) Development and implementation of a sce20 nic byways marketing program.

21 ‘‘(d) LIMITATION.—The Secretary shall not make a

22 grant under this section for any project that would not

23 protect the scenic, historical, recreational, cultural, natu24 ral, and archaeological integrity of a highway and adjacent

25 areas.
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•S 1173 IS

1 ‘‘(e) FEDERAL SHARE.—The Federal share of the

2 cost of carrying out a project under this section shall be

3 80 percent, except that, in the case of any scenic byways

4 project along a public road that provides access to or with5 in Federal or Indian land, a Federal land management

6 agency may use funds authorized for use by the agency

7 as the non-Federal share.

8 ‘‘(f) AUTHORIZATION OF CONTRACT AUTHORITY.—

9 There shall be available from the Highway Trust Fund

10 (other than the Mass Transit Account) to carry out this

11 section $17,000,000 for fiscal year 1998, $17,000,000 for

12 fiscal year 1999, $19,000,000 for fiscal year 2000,

13 $19,000,000 for fiscal year 2001, $21,000,000 for fiscal

14 year 2002, and $23,000,000 for fiscal year 2003.’’.

15 (b) CONFORMING AMENDMENT.—The analysis for

16 chapter 1 of title 23, United States Code (as amended by

17 section 1406(b)), is amended by adding at the end the

18 following:

‘‘165. National scenic byways program.’’.

19 SEC. 1502. PUBLIC-PRIVATE PARTNERSHIPS.

20 Section 149 of title 23, United States Code, is

21 amended by adding at the end the following:

22 ‘‘(e) PARTNERSHIPS WITH NONGOVERNMENTAL EN23 TITIES.—

24 ‘‘(1) IN GENERAL.—Notwithstanding any other

25 provision of this title and in accordance with this
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•S 1173 IS

1 subsection, a metropolitan planning organization,

2 State transportation department, or other project

3 sponsor may enter into an agreement with any pub4 lic, private, or nonprofit entity to cooperatively im5 plement any project carried out under this section.

6 ‘‘(2) FORMS OF PARTICIPATION BY ENTITIES.—

7 Participation by an entity under paragraph (1) may

8 consist of—

9 ‘‘(A) ownership or operation of any land,

10 facility, vehicle, or other physical asset associ11 ated with the project;

12 ‘‘(B) cost sharing of any project expense;

13 ‘‘(C) carrying out of administrative, con14 struction management, project management,

15 project operation, or any other management or

16 operational duty associated with the project;

17 and

18 ‘‘(D) any other form of participation ap19 proved by the Secretary.

20 ‘‘(3) ALLOCATION TO ENTITIES.—A State may

21 allocate funds apportioned under section 104(b)(2)

22 to an entity described in paragraph (1).

23 ‘‘(4) ALTERNATIVE FUEL PROJECTS.—In the

24 case of a project that will provide for the use of al25 ternative fuels by privately owned vehicles or vehicle
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•S 1173 IS

1 fleets, activities eligible for funding under this sub2 section—

3 ‘‘(A) shall include the incremental costs of

4 vehicle refueling infrastructure and other cap5 ital investments associated with the project; but

6 ‘‘(B) shall not include the base cost of any

7 vehicle that would otherwise be borne by a pri8 vate party or the cost of any project element

9 that would otherwise be offset by any other

10 Federal, State, or local program.

11 ‘‘(5) PROHIBITION ON FEDERAL PARTICIPATION

12 WITH RESPECT TO REQUIRED ACTIVITIES.—A Fed13 eral participation payment under this subsection

14 may not be made with respect to any activity that

15 is required under the Clean Air Act (42 U.S.C. 7401

16 et seq.) or any other Federal law.’’.

17 SEC. 1503. WETLAND RESTORATION PILOT PROGRAM.

18 (a) FINDINGS.—Congress finds that—

19 (1) surface transportation has unintended but

20 negative consequences for wetlands and other water

21 resources;

22 (2) in almost every State, construction and

23 other highway activities have reduced or eliminated

24 wetland functions and values, such as wildlife habi-
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•S 1173 IS

1 tat, ground water recharge, flood control, and water

2 quality benefits;

(3) the United States has lost more than 1 3 ⁄2 of

4 the estimated 220,000,000 acres of wetlands that

5 existed during colonial times; and

6 (4) while the rate of human-induced destruction

7 and conversion of wetlands has slowed in recent

8 years, the United States has suffered unacceptable

9 wetland losses as a result of highway projects.

10 (b) ESTABLISHMENT.—The Secretary shall establish

11 a national wetland restoration pilot program (referred to

12 in this section as the ‘‘program’’) to fund mitigation

13 projects to offset the degradation of wetlands, or the loss

14 of functions and values of the aquatic resource, resulting

15 from projects carried out before December 27, 1977,

16 under title 23, United States Code (or similar projects as

17 determined by the Secretary), for which mitigation has not

18 been performed.

19 (c) APPLICATIONS.—To be eligible for funding under

20 the program, a State shall submit an application to the

21 Secretary that includes—

22 (1) a description of the wetland proposed to be

23 restored by a mitigation project described in sub24 section (b) (referred to in this section as a ‘‘wetland
220

•S 1173 IS

1 restoration project’’) under the program (including

2 the size and quality of the wetland);

3 (2) such information as is necessary to establish

4 a nexus between—

5 (A) a project carried out under title 23,

6 United States Code (or a similar project as de7 termined by the Secretary); and

8 (B) the wetland values and functions pro9 posed to be restored by the wetland restoration

10 project;

11 (3) a description of the benefits expected from

12 the proposed wetland restoration project (including

13 improvement of water quality, improvement of wild14 life habitat, ground water recharge, and flood con15 trol);

16 (4) a description of the State’s level of commit17 ment to the proposed wetland restoration project

18 (including the monetary commitment of the State

19 and any development of a State or regional con20 servation plan that includes the proposed wetland

21 restoration); and

22 (5) the estimated total cost of the wetland res23 toration project.

24 (d) SELECTION OF WETLAND RESTORATION

25 PROJECTS.—
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•S 1173 IS

1 (1) INTERAGENCY COUNCIL.—In consultation

2 with the Secretary of the Army, the Secretary of the

3 Interior, the Secretary of Agriculture, and the Ad4 ministrator of the Environmental Protection Agency,

5 the Secretary shall establish an interagency advisory

6 council to—

7 (A) review the submitted applications that

8 meet the requirements of subsection (c); and

9 (B) not later than 60 days after the appli10 cation deadline, select wetland restoration

11 projects for funding under the program.

12 (2) SELECTION CRITERIA FOR PRIORITY WET13 LAND RESTORATION PROJECTS.—In consultation

14 with the Secretary of the Army, the Secretary of the

15 Interior, the Secretary of Agriculture, and the Ad16 ministrator of the Environmental Protection Agency,

17 the Secretary shall give priority in funding under

18 this section to wetland restoration projects that—

19 (A) provide for long-term monitoring and

20 maintenance of wetland resources;

21 (B) are managed by an entity, such as a

22 nature conservancy, with expertise in the long23 term monitoring and protection of wetland re24 sources; and

25 (C) have a high likelihood of success.
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•S 1173 IS

1 (e) REPORTS.—Not later than April 1, 2000, and

2 April 1, 2003, the Secretary shall submit a report to Con3 gress on the results of the program.

4 (f) AUTHORIZATION OF CONTRACT AUTHORITY.—

5 (1) IN GENERAL.—There shall be available

6 from the Highway Trust Fund (other than the Mass

7 Transit Account) to carry out this section

8 $12,000,000 for fiscal year 1998, $13,000,000 for

9 fiscal year 1999, $14,000,000 for fiscal year 2000,

10 $17,000,000 for fiscal year 2001, $20,000,000 for

11 fiscal year 2002, and $24,000,000 for fiscal year

12 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 of title 23, United States Code.

17 Subtitle F—Planning

18 SEC. 1601. METROPOLITAN PLANNING.

19 (a) IN GENERAL.—Section 134 of title 23, United

20 States Code, is amended to read as follows:

21 ‘‘§ 134. Metropolitan planning

22 ‘‘(a) GENERAL REQUIREMENTS.—

23 ‘‘(1) FINDINGS.—Congress finds that it is in

24 the national interest to encourage and promote the

25 safe and efficient management, operation, and devel-
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•S 1173 IS

1 opment of surface transportation systems that will

2 serve the mobility needs of people and freight within

3 and through urbanized areas, while minimizing

4 transportation-related fuel consumption and air pol5 lution.

6 ‘‘(2) DEVELOPMENT OF PLANS AND PRO7 GRAMS.—To accomplish the objective stated in para8 graph (1), metropolitan planning organizations des9 ignated under subsection (b), in cooperation with the

10 State and public transit operators, shall develop

11 transportation plans and programs for urbanized

12 areas of the State.

13 ‘‘(3) CONTENTS.—The plans and programs for

14 each metropolitan area shall provide for the develop15 ment and integrated management and operation of

16 transportation systems and facilities (including pe17 destrian walkways and bicycle transportation facili18 ties) that will function as an intermodal transpor19 tation system for the metropolitan area and as an

20 integral part of an intermodal transportation system

21 for the State and the United States.

22 ‘‘(4) PROCESS.—The process for developing the

23 plans and programs shall provide for consideration

24 of all modes of transportation and shall be continu25 ing, cooperative, and comprehensive to the degree
224

•S 1173 IS

1 appropriate, based on the complexity of the trans2 portation problems to be addressed.

3 ‘‘(b) DESIGNATION OF METROPOLITAN PLANNING

4 ORGANIZATIONS.—

5 ‘‘(1) IN GENERAL.—To carry out the transpor6 tation planning process required by this section, a

7 metropolitan planning organization shall be des8 ignated for each urbanized area with a population of

9 more than 50,000 individuals—

10 ‘‘(A) by agreement between the Governor

11 and units of general purpose local government

12 that together represent at least 75 percent of

13 the affected population (including the central

14 city or cities as defined by the Bureau of the

15 Census); or

16 ‘‘(B) in accordance with procedures estab17 lished by applicable State or local law.

18 ‘‘(2) REDESIGNATION.—A metropolitan plan19 ning organization may be redesignated by agreement

20 between the Governor and units of general purpose

21 local government that together represent at least 75

22 percent of the affected population (including the

23 central city or cities as defined by the Bureau of the

24 Census) as appropriate to carry out this section.
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•S 1173 IS

1 ‘‘(3) DESIGNATION OF MORE THAN 1 METRO2 POLITAN PLANNING ORGANIZATION.—More than 1

3 metropolitan planning organization may be des4 ignated within an existing metropolitan planning

5 area only if the Governor and the existing metropoli6 tan planning organization determine that the size

7 and complexity of the existing metropolitan planning

8 area make designation of more than 1 metropolitan

9 planning organization for the area appropriate.

10 ‘‘(4) STRUCTURE.—Each policy board of a met11 ropolitan planning organization that serves an area

12 designated as a transportation management area,

13 when designated or redesignated under this sub14 section, shall consist of—

15 ‘‘(A) local elected officials;

16 ‘‘(B) officials of public agencies that ad17 minister or operate major modes of transpor18 tation in the metropolitan area (including all

19 transportation agencies included in the metro20 politan planning organization as of June 1,

21 1991); and

22 ‘‘(C) appropriate State officials.

23 ‘‘(5) OTHER AUTHORITY.—Nothing in this sub24 section interferes with the authority, under any

25 State law in effect on December 18, 1991, of a pub-
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•S 1173 IS

1 lic agency with multimodal transportation respon2 sibilities to—

3 ‘‘(A) develop plans and programs for adop4 tion by a metropolitan planning organization; or

5 ‘‘(B) develop long-range capital plans, co6 ordinate transit services and projects, and carry

7 out other activities under State law.

8 ‘‘(c) METROPOLITAN PLANNING AREA BOUND9 ARIES.—

10 ‘‘(1) IN GENERAL.—For the purposes of this

11 section, the boundaries of a metropolitan planning

12 area shall be determined by agreement between the

13 metropolitan planning organization and the Gov14 ernor.

15 ‘‘(2) INCLUDED AREA.—Each metropolitan

16 planning area—

17 ‘‘(A) shall encompass at least the existing

18 urbanized area and the contiguous area ex19 pected to become urbanized within a 20-year

20 forecast period; and

21 ‘‘(B) may encompass the entire metropoli22 tan statistical area or consolidated metropolitan

23 statistical area, as defined by the Bureau of the

24 Census.
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•S 1173 IS

1 ‘‘(3) EXISTING METROPOLITAN PLANNING

2 AREAS IN NONATTAINMENT.—Notwithstanding para3 graph (2), in the case of an area designated as a

4 nonattainment area for ozone or carbon monoxide

5 under the Clean Air Act (42 U.S.C. 7401 et seq.),

6 the boundaries of the metropolitan planning area in

7 existence as of the date of enactment of the Inter8 modal Transportation Act of 1997, shall be retained,

9 except that the boundaries may be adjusted by

10 agreement of the affected metropolitan planning or11 ganizations and Governors in the manner described

12 in subsection (b)(2).

13 ‘‘(4) NEW METROPOLITAN PLANNING AREAS IN

14 NONATTAINMENT.—In the case of an urbanized area

15 designated after the date of enactment of the Inter16 modal Transportation Act of 1997 as a nonattain17 ment area for ozone or carbon monoxide, the bound18 aries of the metropolitan planning area—

19 ‘‘(A) shall be established by agreement be20 tween the appropriate units of general purpose

21 local government (including the central city)

22 and the Governor;

23 ‘‘(B) shall encompass at least the urban24 ized area and the contiguous area expected to
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•S 1173 IS

1 become urbanized within a 20-year forecast pe2 riod;

3 ‘‘(C) may encompass the entire metropoli4 tan statistical area or consolidated metropolitan

5 statistical area, as defined by the Bureau of the

6 Census; and

7 ‘‘(D) may address any nonattainment area

8 identified under the Clean Air Act (42 U.S.C.

9 7401 et seq.) for ozone or carbon monoxide.

10 ‘‘(d) COORDINATION IN MULTISTATE AREAS.—

11 ‘‘(1) IN GENERAL.—The Secretary shall encour12 age each Governor with responsibility for a portion

13 of a multistate metropolitan area and the appro14 priate metropolitan planning organizations to pro15 vide coordinated transportation planning for the en16 tire metropolitan area.

17 ‘‘(2) INTERSTATE COMPACTS.—The consent of

18 Congress is granted to any 2 or more States—

19 ‘‘(A) to enter into agreements or compacts,

20 not in conflict with any law of the United

21 States, for cooperative efforts and mutual as22 sistance in support of activities authorized

23 under this section as the activities pertain to

24 interstate areas and localities within the States;

25 and
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•S 1173 IS

1 ‘‘(B) to establish such agencies, joint or

2 otherwise, as the States may determine desir3 able for making the agreements and compacts

4 effective.

5 ‘‘(e) COORDINATION OF METROPOLITAN PLANNING

6 ORGANIZATIONS.—If more than 1 metropolitan planning

7 organization has authority within a metropolitan planning

8 area or an area that is designated as a nonattainment area

9 for ozone or carbon monoxide under the Clean Air Act

10 (42 U.S.C. 7401 et seq.), each such metropolitan planning

11 organization shall consult with the other metropolitan

12 planning organizations designated for the area and the

13 State in the development of plans and programs required

14 by this section.

15 ‘‘(f) SCOPE OF PLANNING PROCESS.—The metropoli16 tan transportation planning process for a metropolitan

17 area under this section shall consider, as appropriate, the

18 following:

19 ‘‘(1) Supporting the economic vitality of the

20 metropolitan area, especially by enabling global com21 petitiveness, productivity, and efficiency.

22 ‘‘(2) Increasing the safety and security of the

23 transportation system for motorized and non24 motorized users.
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•S 1173 IS

1 ‘‘(3) Increasing the accessibility and mobility

2 options available to people and for freight.

3 ‘‘(4) Protecting and enhancing the environment

4 and promoting energy conservation and improved

5 quality of life.

6 ‘‘(5) Enhancing the integration and connectivity

7 of the transportation system, across and between

8 modes, for people and freight.

9 ‘‘(6) Promoting efficient system management

10 and operation.

11 ‘‘(7) Emphasizing the preservation of the exist12 ing transportation system.

13 ‘‘(g) DEVELOPMENT OF LONG-RANGE TRANSPOR14 TATION PLAN.—

15 ‘‘(1) IN GENERAL.—

16 ‘‘(A) DEVELOPMENT.—In accordance with

17 this subsection, each metropolitan planning or18 ganization shall develop, and update periodi19 cally, according to a schedule that the Secretary

20 determines to be appropriate, a long-range

21 transportation plan for its metropolitan area.

22 ‘‘(B) FORECAST PERIOD.—In developing

23 long-range transportation plans, the metropoli24 tan planning process shall address—
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•S 1173 IS

1 ‘‘(i) the considerations under sub2 section (f); and

3 ‘‘(ii) any State or local goals devel4 oped within the cooperative metropolitan

5 planning process;

6 as they relate to a 20-year forecast period and

7 to other forecast periods as determined by the

8 participants in the planning process.

9 ‘‘(C) FUNDING ESTIMATES.—For the pur10 pose of developing the long-range transportation

11 plan, the State shall consult with the metropoli12 tan planning organization and each public tran13 sit agency in developing estimates of funds that

14 are reasonably expected to be available to sup15 port plan implementation.

16 ‘‘(2) LONG-RANGE TRANSPORTATION PLAN.—A

17 long-range transportation plan under this subsection

18 shall, at a minimum, contain—

19 ‘‘(A) an identification of transportation fa20 cilities (including major roadways and transit,

21 multimodal, and intermodal facilities) that

22 should function as a future integrated transpor23 tation system, giving emphasis to those facilities

24 that serve important national, regional, and

25 metropolitan transportation functions;
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•S 1173 IS

1 ‘‘(B) an identification of transportation

2 strategies necessary to—

3 ‘‘(i) ensure preservation, including re4 quirements for management, operation,

5 modernization, and rehabilitation, of the

6 existing and future transportation system;

7 and

8 ‘‘(ii) make the most efficient use of

9 existing transportation facilities to relieve

10 congestion, to efficiently serve the mobility

11 needs of people and goods, and to enhance

12 access within the metropolitan planning

13 area; and

14 ‘‘(C) a financial plan that demonstrates

15 how the long-range transportation plan can be

16 implemented, indicates total resources from

17 public and private sources that are reasonably

18 expected to be available to carry out the plan

19 (without any requirement for indicating project20 specific funding sources), and recommends any

21 additional financing strategies for needed

22 projects and programs.

23 ‘‘(3) COORDINATION WITH CLEAN AIR ACT

24 AGENCIES.—In metropolitan areas that are in non25 attainment for ozone or carbon monoxide under the
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•S 1173 IS

1 Clean Air Act (42 U.S.C. 7401 et seq.), the metro2 politan planning organization shall coordinate the

3 development of a long-range transportation plan

4 with the process for development of the transpor5 tation control measures of the State implementation

6 plan required by that Act.

7 ‘‘(4) PARTICIPATION BY INTERESTED PAR8 TIES.—Before adopting a long-range transportation

9 plan, each metropolitan planning organization shall

10 provide citizens, affected public agencies, representa11 tives of transportation agency employees, freight

12 shippers, private providers of transportation, and

13 other interested parties with a reasonable oppor14 tunity to comment on the long-range transportation

15 plan.

16 ‘‘(5) PUBLICATION OF LONG-RANGE TRANSPOR17 TATION PLAN.—Each long-range transportation plan

18 prepared by a metropolitan planning organization

19 shall be—

20 ‘‘(A) published or otherwise made readily

21 available for public review; and

22 ‘‘(B) submitted for information purposes

23 to the Governor at such times and in such man24 ner as the Secretary shall establish.
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•S 1173 IS

1 ‘‘(h) METROPOLITAN TRANSPORTATION IMPROVE2 MENT PROGRAM.—

3 ‘‘(1) DEVELOPMENT.—

4 ‘‘(A) IN GENERAL.—In cooperation with

5 the State and any affected public transit opera6 tor, the metropolitan planning organization des7 ignated for a metropolitan area shall develop a

8 transportation improvement program for the

9 area for which the organization is designated.

10 ‘‘(B) OPPORTUNITY FOR COMMENT.—In

11 developing the program, the metropolitan plan12 ning organization, in cooperation with the State

13 and any affected public transit operator, shall

14 provide citizens, affected public agencies, rep15 resentatives of transportation agency employees,

16 other affected employee representatives, freight

17 shippers, private providers of transportation,

18 and other interested parties with a reasonable

19 opportunity to comment on the proposed pro20 gram.

21 ‘‘(C) FUNDING ESTIMATES.—For the pur22 pose of developing the transportation improve23 ment program, the metropolitan planning orga24 nization, public transit agency, and State shall

25 cooperatively develop estimates of funds that
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•S 1173 IS

1 are reasonably expected to be available to sup2 port program implementation.

3 ‘‘(D) UPDATING AND APPROVAL.—The

4 program shall be updated at least once every 2

5 years and shall be approved by the metropolitan

6 planning organization and the Governor.

7 ‘‘(2) CONTENTS.—The transportation improve8 ment program shall include—

9 ‘‘(A) a list, in order of priority, of pro10 posed federally supported surface transpor11 tation projects and strategies to be carried out

12 within each 3-year-period after the initial adop13 tion of the transportation improvement pro14 gram; and

15 ‘‘(B) a financial plan that—

16 ‘‘(i) demonstrates how the transpor17 tation improvement program can be imple18 mented;

19 ‘‘(ii) indicates resources from public

20 and private sources that are reasonably ex21 pected to be available to carry out the pro22 gram (without any requirement for indicat23 ing project-specific funding sources); and

24 ‘‘(iii) identifies innovative financing

25 techniques to finance projects, programs,
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•S 1173 IS

1 and strategies (without any requirement

2 for indicating project-specific funding

3 sources).

4 ‘‘(3) INCLUDED PROJECTS.—

5 ‘‘(A) CHAPTER 1 AND CHAPTER 53

6 PROJECTS.—A transportation improvement pro7 gram developed under this subsection for a met8 ropolitan area shall include the projects and

9 strategies within the area that are proposed for

10 funding under chapter 1 of this title and chap11 ter 53 of title 49.

12 ‘‘(B) CHAPTER 2 PROJECTS.—

13 ‘‘(i) REGIONALLY SIGNIFICANT

14 PROJECTS.—Regionally significant projects

15 proposed for funding under chapter 2 of

16 this title shall be identified individually in

17 the transportation improvement program.

18 ‘‘(ii) OTHER PROJECTS.—Projects

19 proposed for funding under chapter 2 of

20 this title that are not determined to be re21 gionally significant shall be grouped in 1

22 line item or identified individually in the

23 transportation improvement program.

24 ‘‘(C) CONSISTENCY WITH LONG-RANGE

25 TRANSPORTATION PLAN.—Each project shall be
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•S 1173 IS

1 consistent with the long-range transportation

2 plan developed under subsection (g) for the

3 area.

4 ‘‘(D) REQUIREMENT OF ANTICIPATED

5 FULL FUNDING.—The program shall include a

6 project, or an identified phase of a project, only

7 if full funding can reasonably be anticipated to

8 be available for the project within the time pe9 riod contemplated for completion of the project.

10 ‘‘(4) NOTICE AND COMMENT.—Before approv11 ing a transportation improvement program, a metro12 politan planning organization shall, in cooperation

13 with the State and any affected public transit opera14 tor, provide citizens, affected public agencies, rep15 resentatives of transportation agency employees, pri16 vate providers of transportation, and other inter17 ested parties with reasonable notice of and an oppor18 tunity to comment on the proposed program.

19 ‘‘(5) SELECTION OF PROJECTS.—

20 ‘‘(A) IN GENERAL.—Except as otherwise

21 provided in subsection (i)(4) and in addition to

22 the transportation improvement program devel23 opment required under paragraph (1), the se24 lection of federally funded projects for imple25 mentation in metropolitan areas shall be carried
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•S 1173 IS

1 out, from the approved transportation improve2 ment program—

3 ‘‘(i) by—

4 ‘‘(I) in the case of projects under

5 chapter 1, the State; and

6 ‘‘(II) in the case of projects

7 under chapter 53 of title 49, the des8 ignated transit funding recipients; and

9 ‘‘(ii) in cooperation with the metro10 politan planning organization.

11 ‘‘(B) MODIFICATIONS TO PROJECT PRIOR12 ITY.—Notwithstanding any other provision of

13 law, action by the Secretary shall not be re14 quired to advance a project included in the ap15 proved transportation improvement program in

16 place of another project of higher priority in the

17 program.

18 ‘‘(i) TRANSPORTATION MANAGEMENT AREAS.—

19 ‘‘(1) DESIGNATION.—

20 ‘‘(A) REQUIRED DESIGNATIONS.—The Sec21 retary shall designate as a transportation man22 agement area each urbanized area with a popu23 lation of over 200,000 individuals.

24 ‘‘(B) DESIGNATIONS ON REQUEST.—The

25 Secretary shall designate any additional area as
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•S 1173 IS

1 a transportation management area on the re2 quest of the Governor and the metropolitan

3 planning organization designated for the area.

4 ‘‘(2) TRANSPORTATION PLANS AND PRO5 GRAMS.—Within a transportation management area,

6 transportation plans and programs shall be based on

7 a continuing and comprehensive transportation plan8 ning process carried out by the metropolitan plan9 ning organization in cooperation with the State and

10 any affected public transit operator.

11 ‘‘(3) CONGESTION MANAGEMENT SYSTEM.—

12 Within a transportation management area, the

13 transportation planning process under this section

14 shall include a congestion management system that

15 provides for effective management of new and exist16 ing transportation facilities eligible for funding

17 under this title and chapter 53 of title 49 through

18 the use of travel demand reduction and operational

19 management strategies.

20 ‘‘(4) SELECTION OF PROJECTS.—

21 ‘‘(A) IN GENERAL.—In addition to the

22 transportation improvement program develop23 ment required under subsection (h)(1), all fed24 erally funded projects carried out within the

25 boundaries of a transportation management
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•S 1173 IS

1 area under this title (excluding projects carried

2 out on the National Highway System) or under

3 chapter 53 of title 49 shall be selected for im4 plementation from the approved transportation

5 improvement program by the metropolitan plan6 ning organization designated for the area in

7 consultation with the State and any affected

8 public transit operator.

9 ‘‘(B) NATIONAL HIGHWAY SYSTEM

10 PROJECTS.—Projects carried out within the

11 boundaries of a transportation management

12 area on the National Highway System shall be

13 selected for implementation from the approved

14 transportation improvement program by the

15 State in cooperation with the metropolitan plan16 ning organization designated for the area.

17 ‘‘(5) CERTIFICATION.—

18 ‘‘(A) IN GENERAL.—The Secretary shall—

19 ‘‘(i) ensure that the metropolitan

20 planning process in each transportation

21 management area is being carried out in

22 accordance with applicable provisions of

23 Federal law; and

24 ‘‘(ii) subject to subparagraph (B), cer25 tify, not less often than once every 3 years,
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•S 1173 IS

1 that the requirements of this paragraph

2 are met with respect to the transportation

3 management area.

4 ‘‘(B) REQUIREMENTS FOR CERTIFI5 CATION.—The Secretary may make the certifi6 cation under subparagraph (A) if—

7 ‘‘(i) the transportation planning proc8 ess complies with the requirements of this

9 section and other applicable requirements

10 of Federal law; and

11 ‘‘(ii) there is a transportation im12 provement program for the area that has

13 been approved by the metropolitan plan14 ning organization and the Governor.

15 ‘‘(C) EFFECT OF FAILURE TO CERTIFY.—

16 ‘‘(i) WITHHOLDING OF FUNDS.—If a

17 metropolitan planning process is not cer18 tified, the Secretary may withhold up to 20

19 percent of the apportioned funds attrib20 utable to the transportation management

21 area under this title and chapter 53 of title

22 49.

23 ‘‘(ii) RESTORATION OF WITHHELD

24 FUNDS.—The withheld apportionments

25 shall be restored to the metropolitan area
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•S 1173 IS

1 at such time as the metropolitan planning

2 organization is certified by the Secretary.

3 ‘‘(iii) FEASIBILITY OF PRIVATE EN4 TERPRISE PARTICIPATION.—The Secretary

5 shall not withhold certification under this

6 paragraph based on the policies and cri7 teria established by a metropolitan plan8 ning organization or transit grant recipient

9 for determining the feasibility of private

10 enterprise participation in accordance with

11 section 5306(a) of title 49.

12 ‘‘(j) ABBREVIATED PLANS AND PROGRAMS FOR CER13 TAIN AREAS.—

14 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

15 in the case of a metropolitan area not designated as

16 a transportation management area under this sec17 tion, the Secretary may provide for the development

18 of an abbreviated metropolitan transportation plan

19 and program that the Secretary determines is appro20 priate to achieve the purposes of this section, taking

21 into account the complexity of transportation prob22 lems in the area.

23 ‘‘(2) NONATTAINMENT AREAS.—The Secretary

24 may not permit abbreviated plans or programs for a

25 metropolitan area that is in nonattainment for ozone
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•S 1173 IS

1 or carbon monoxide under the Clean Air Act (42

2 U.S.C. 7401 et seq.).

3 ‘‘(k) ADDITIONAL REQUIREMENTS FOR CERTAIN

4 NONATTAINMENT AREAS.—

5 ‘‘(1) IN GENERAL.—Notwithstanding any other

6 provision of this title or chapter 53 of title 49, in the

7 case of a transportation management area classified

8 as nonattainment for ozone or carbon monoxide

9 under the Clean Air Act (42 U.S.C. 7401 et seq.),

10 Federal funds may not be programmed in the area

11 for any highway project that will result in a signifi12 cant increase in carrying capacity for single occu13 pant vehicles unless the project results from an ap14 proved congestion management system.

15 ‘‘(2) APPLICABILITY.—This subsection applies

16 to a nonattainment area within the metropolitan

17 planning area boundaries determined under sub18 section (c).

19 ‘‘(l) LIMITATION.—Nothing in this section confers on

20 a metropolitan planning organization the authority to im21 pose any legal requirement on any transportation facility,

22 provider, or project not eligible for assistance under this

23 title or chapter 53 of title 49.

24 ‘‘(m) FUNDING.—
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•S 1173 IS

1 ‘‘(1) IN GENERAL.—Funds set aside under sec2 tion 104(f) of this title and section 5303 of title 49

3 shall be available to carry out this section.

4 ‘‘(2) UNUSED FUNDS.—Any funds that are not

5 used to carry out this section may be made available

6 by the metropolitan planning organization to the

7 State to fund activities under section 135.’’.

8 (b) TECHNICAL AMENDMENT.—The analysis for

9 chapter 1 of title 23, United States Code, is amended by

10 striking the item relating to section 134 and inserting the

11 following:

‘‘134. Metropolitan planning.’’.

12 SEC. 1602. STATEWIDE PLANNING.

13 Section 135 of title 23, United States Code, is

14 amended to read as follows:

15 ‘‘§ 135. Statewide planning

16 ‘‘(a) GENERAL REQUIREMENTS.—

17 ‘‘(1) FINDINGS.—It is in the national interest

18 to encourage and promote the safe and efficient

19 management, operation, and development of surface

20 transportation systems that will serve the mobility

21 needs of people and freight throughout each State.

22 ‘‘(2) DEVELOPMENT OF PLANS AND PRO23 GRAMS.—Subject to section 134 of this title and sec24 tions 5303 through 5305 of title 49, each State shall
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•S 1173 IS

1 develop transportation plans and programs for all

2 areas of the State.

3 ‘‘(3) CONTENTS.—The plans and programs for

4 each State shall provide for the development and in5 tegrated management and operation of transpor6 tation systems (including pedestrian walkways and

7 bicycle transportation facilities) that will function as

8 an intermodal State transportation system and an

9 integral part of the intermodal transportation sys10 tem of the United States.

11 ‘‘(4) PROCESS OF DEVELOPMENT.—The process

12 for developing the plans and programs shall provide

13 for consideration of all modes of transportation and

14 shall be continuing, cooperative, and comprehensive

15 to the degree appropriate, based on the complexity

16 of the transportation problems to be addressed.

17 ‘‘(b) SCOPE OF PLANNING PROCESS.—Each State

18 shall carry out a transportation planning process that

19 shall consider, as appropriate, the following:

20 ‘‘(1) Supporting the economic vitality of the

21 United States, the States, and metropolitan areas,

22 especially by enabling global competitiveness, pro23 ductivity, and efficiency.
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•S 1173 IS

1 ‘‘(2) Increasing the safety and security of the

2 transportation system for motorized and non3 motorized users.

4 ‘‘(3) Increasing the accessibility and mobility

5 options available to people and for freight.

6 ‘‘(4) Protecting and enhancing the environment

7 and promoting energy conservation and improved

8 quality of life.

9 ‘‘(5) Enhancing the integration and connectivity

10 of the transportation system, across and between

11 modes throughout the State, for people and freight.

12 ‘‘(6) Promoting efficient system management

13 and operation.

14 ‘‘(7) Emphasizing the preservation of the exist15 ing transportation system.

16 ‘‘(c) COORDINATION WITH METROPOLITAN PLAN17 NING; STATE IMPLEMENTATION PLAN.—In carrying out

18 planning under this section, a State shall—

19 ‘‘(1) coordinate the planning with the transpor20 tation planning activities carried out under section

21 134 for metropolitan areas of the State; and

22 ‘‘(2) carry out the responsibilities of the State

23 for the development of the transportation portion of

24 the State air quality implementation plan to the ex-
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•S 1173 IS

1 tent required by the Clean Air Act (42 U.S.C. 7401

2 et seq.).

3 ‘‘(d) ADDITIONAL REQUIREMENTS.—In carrying out

4 planning under this section, each State shall, at a mini5 mum, consider—

6 ‘‘(1) with respect to nonmetropolitan areas, the

7 concerns of local elected officials representing units

8 of general purpose local government;

9 ‘‘(2) the concerns of Indian tribal governments

10 and Federal land management agencies that have

11 jurisdiction over land within the boundaries of the

12 State; and

13 ‘‘(3) coordination of transportation plans, pro14 grams, and planning activities with related planning

15 activities being carried out outside of metropolitan

16 planning areas.

17 ‘‘(e) LONG-RANGE TRANSPORTATION PLAN.—

18 ‘‘(1) DEVELOPMENT.—Each State shall develop

19 a long-range transportation plan, with a minimum

20 20-year forecast period, for all areas of the State,

21 that provides for the development and implementa22 tion of the intermodal transportation system of the

23 State.

24 ‘‘(2) CONSULTATION WITH GOVERNMENTS.—
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•S 1173 IS

1 ‘‘(A) METROPOLITAN AREAS.—With re2 spect to each metropolitan area in the State,

3 the plan shall be developed in cooperation with

4 the metropolitan planning organization des5 ignated for the metropolitan area under section

6 134 of this title and section 5305 of title 49.

7 ‘‘(B) NONMETROPOLITAN AREAS.—With

8 respect to each nonmetropolitan area, the plan

9 shall be developed in consultation with local

10 elected officials representing units of general

11 purpose local government.

12 ‘‘(C) INDIAN TRIBAL AREAS.—With respect

13 to each area of the State under the jurisdiction

14 of an Indian tribal government, the plan shall

15 be developed in consultation with the tribal gov16 ernment and the Secretary of the Interior.

17 ‘‘(3) PARTICIPATION BY INTERESTED PAR18 TIES.—In developing the plan, the State shall—

19 ‘‘(A) provide citizens, affected public agen20 cies, representatives of transportation agency

21 employees, other affected employee representa22 tives, freight shippers, private providers of

23 transportation, and other interested parties

24 with a reasonable opportunity to comment on

25 the proposed plan; and
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•S 1173 IS

1 ‘‘(B) identify transportation strategies nec2 essary to efficiently serve the mobility needs of

3 people.

4 ‘‘(f) STATE TRANSPORTATION IMPROVEMENT PRO5 GRAM.—

6 ‘‘(1) DEVELOPMENT.—

7 ‘‘(A) IN GENERAL.—The State shall de8 velop a transportation improvement program

9 for all areas of the State.

10 ‘‘(B) CONSULTATION WITH GOVERN11 MENTS.—

12 ‘‘(i) METROPOLITAN AREAS.—With

13 respect to each metropolitan area in the

14 State, the program shall be developed in

15 cooperation with the metropolitan planning

16 organization designated for the metropoli17 tan area under section 134 of this title and

18 section 5305 of title 49.

19 ‘‘(ii) NONMETROPOLITAN AREAS.—

20 With respect to each nonmetropolitan area

21 in the State, the program shall be devel22 oped in consultation with units of general

23 purpose local government.

24 ‘‘(iii) INDIAN TRIBAL AREAS.—With

25 respect to each area of the State under the
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•S 1173 IS

1 jurisdiction of an Indian tribal government,

2 the program shall be developed in consulta3 tion with the tribal government and the

4 Secretary of the Interior.

5 ‘‘(C) PARTICIPATION BY INTERESTED PAR6 TIES.—In developing the program, the Gov7 ernor shall provide citizens, affected public

8 agencies, representatives of transportation

9 agency employees, other affected employee rep10 resentatives, freight shippers, private providers

11 of transportation, and other interested parties

12 with a reasonable opportunity to comment on

13 the proposed program.

14 ‘‘(2) INCLUDED PROJECTS.—

15 ‘‘(A) IN GENERAL.—A transportation im16 provement program developed under this sub17 section for a State shall include federally sup18 ported surface transportation expenditures

19 within the boundaries of the State.

20 ‘‘(B) CHAPTER 2 PROJECTS.—

21 ‘‘(i) REGIONALLY SIGNIFICANT

22 PROJECTS.—Regionally significant projects

23 proposed for funding under chapter 2 shall

24 be identified individually.
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•S 1173 IS

1 ‘‘(ii) OTHER PROJECTS.—Projects

2 proposed for funding under chapter 2 that

3 are not determined to be regionally signifi4 cant shall be grouped in 1 line item or

5 identified individually.

6 ‘‘(C) CONSISTENCY WITH LONG-RANGE

7 TRANSPORTATION PLAN.—Each project shall—

8 ‘‘(i) be consistent with the long-range

9 transportation plan developed under this

10 section for the State;

11 ‘‘(ii) be identical to the project as de12 scribed in an approved metropolitan trans13 portation improvement program; and

14 ‘‘(iii) be in conformance with the ap15 plicable State air quality implementation

16 plan developed under the Clean Air Act

17 (42 U.S.C. 7401 et seq.), if the project is

18 carried out in an area designated as non19 attainment for ozone or carbon monoxide

20 under that Act.

21 ‘‘(D) REQUIREMENT OF ANTICIPATED

22 FULL FUNDING.—

23 ‘‘(i) IN GENERAL.—The program shall

24 include a project, or an identified phase of

25 a project, only if full funding can reason-
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•S 1173 IS

1 ably be anticipated to be available for the

2 project within the time period con3 templated for completion of the project.

4 ‘‘(ii) LIMITATION.—Clause (i) does

5 not require the indication of project-spe6 cific funding sources.

7 ‘‘(E) PRIORITIES.—The program shall re8 flect the priorities for programming and ex9 penditures of funds, including transportation

10 enhancements, required by this title.

11 ‘‘(3) PROJECT SELECTION FOR AREAS OF LESS

12 THAN 50,000 POPULATION.—

13 ‘‘(A) IN GENERAL.—Projects carried out in

14 areas with populations of less than 50,000 indi15 viduals (excluding projects carried out on the

16 National Highway System) shall be selected,

17 from the approved statewide transportation im18 provement program, by the State in cooperation

19 with the affected local officials.

20 ‘‘(B) NATIONAL HIGHWAY SYSTEM

21 PROJECTS.—Projects carried out in areas de22 scribed in subparagraph (A) on the National

23 Highway System shall be selected, from the ap24 proved statewide transportation improvement
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•S 1173 IS

1 program, by the State in consultation with the

2 affected local officials.

3 ‘‘(4) BIENNIAL REVIEW AND APPROVAL.—A

4 transportation improvement program developed

5 under this subsection shall be reviewed and, on a

6 finding that the planning process through which the

7 program was developed is consistent with this sec8 tion and section 134, approved not less frequently

9 than biennially by the Secretary.

10 ‘‘(5) MODIFICATIONS TO PROJECT PRIORITY.—

11 Notwithstanding any other provision of law, action

12 by the Secretary shall not be required to advance a

13 project included in the approved statewide transpor14 tation improvement program in place of another

15 project of higher priority in the program.

16 ‘‘(g) FUNDING.—Funds set aside under section 505

17 of this title and section 5313(b) of title 49 shall be avail18 able to carry out this section.

19 ‘‘(h) CONTINUATION OF CURRENT REVIEW PRAC20 TICE.—Since plans and programs described in this section

21 or section 134 are subject to a reasonable opportunity for

22 public comment, since individual projects included in the

23 plans and programs are subject to review under the Na24 tional Environmental Policy Act of 1969 (42 U.S.C. 4321

25 et seq.), and since decisions by the Secretary concerning
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•S 1173 IS

1 plans and programs described in this section have not been

2 reviewed under that Act as of January 1, 1997, any deci3 sion by the Secretary concerning a plan or program de4 scribed in this section or section 134 shall not be consid5 ered to be a Federal action subject to review under the

6 National Environmental Policy Act of 1969 (42 U.S.C.

7 4321 et seq.).’’.

8 SEC. 1603. ADVANCED TRAVEL FORECASTING PROCEDURES

9 PROGRAM.

10 (a) ESTABLISHMENT.—The Secretary shall establish

11 an advanced travel forecasting procedures program—

12 (1) to provide for completion of the advanced

13 transportation model developed under the Transpor14 tation Analysis Simulation System (referred to in

15 this section as ‘‘TRANSIMS’’); and

16 (2) to provide support for early deployment of

17 the advanced transportation modeling computer soft18 ware and graphics package developed under

19 TRANSIMS and the program established under this

20 section to States, local governments, and metropoli21 tan planning organizations with responsibility for

22 travel modeling.

23 (b) ELIGIBLE ACTIVITIES.—The Secretary shall use

24 funds made available under this section to—
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•S 1173 IS

1 (1) provide funding for completion of core de2 velopment of the advanced transportation model;

3 (2) develop user-friendly advanced transpor4 tation modeling computer software and graphics

5 packages;

6 (3) provide training and technical assistance

7 with respect to the implementation and application

8 of the advanced transportation model to States, local

9 governments, and metropolitan planning organiza10 tions with responsibility for travel modeling; and

11 (4) allocate funds to not more than 12 entities

12 described in paragraph (3) for a pilot program to

13 enable transportation management areas designated

14 under section 134(i) of title 23, United States Code,

15 to convert from the use of travel forecasting proce16 dures in use by the areas as of the date of enact17 ment of this section to the use of the advanced

18 transportation model.

19 (c) AUTHORIZATION OF CONTRACT AUTHORITY.—

20 (1) IN GENERAL.—There shall be available

21 from the Highway Trust Fund (other than the Mass

22 Transit Account) to carry out this section

23 $4,000,000 for fiscal year 1998, $3,000,000 for fis24 cal year 1999, $6,500,000 for fiscal year 2000,
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•S 1173 IS

1 $5,000,000 for fiscal year 2001, $4,000,000 for fis2 cal year 2002, and $2,500,000 for fiscal year 2003.

3 (2) ALLOCATION OF FUNDS.—

4 (A) FISCAL YEARS 1998 AND 1999.—For

5 each of fiscal years 1998 and 1999, 100 per6 cent of the funds made available under para7 graph (1) shall be allocated to activities in de8 scribed in paragraphs (1), (2), and (3) of sub9 section (b).

10 (B) FISCAL YEARS 2000 THROUGH 2003.—

11 For each of fiscal years 2000 through 2003,

12 not more than 50 percent of the funds made

13 available under paragraph (1) may be allocated

14 to activities described in subsection (b)(4).

15 (3) CONTRACT AUTHORITY.—Funds authorized

16 under this subsection shall be available for obligation

17 in the same manner as if the funds were apportioned

18 under chapter 1 of title 23, United States Code, ex19 cept that the Federal share of the cost of—

20 (A) any activity described in paragraph

21 (1), (2), or (3) of subsection (b) shall not ex22 ceed 100 percent; and

23 (B) any activity described in subsection

24 (b)(4) shall not exceed 80 percent.
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•S 1173 IS

1 SEC. 1604. TRANSPORTATION AND COMMUNITY AND SYS2 TEM PRESERVATION PILOT PROGRAM.

3 (a) ESTABLISHMENT.—In cooperation with appro4 priate State, regional, and local governments, the Sec5 retary shall establish a comprehensive initiative to inves6 tigate and address the relationships between transpor7 tation and community and system preservation.

8 (b) RESEARCH.—

9 (1) IN GENERAL.—In cooperation with appro10 priate Federal agencies, State, regional, and local

11 governments, and other entities eligible for assist12 ance under subsection (d), the Secretary shall carry

13 out a comprehensive research program to investigate

14 the relationships between transportation, community

15 preservation, and the environment.

16 (2) REQUIRED ELEMENTS.—The program shall

17 provide for monitoring and analysis of projects car18 ried out with funds made available to carry out sub19 sections (c) and (d).

20 (c) PLANNING.—

21 (1) IN GENERAL.—The Secretary may allocate

22 funds made available to carry out this subsection to

23 States, metropolitan planning organizations, and

24 local governments to plan, develop, and implement

25 strategies to integrate transportation and commu26 nity and system preservation plans and practices.
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•S 1173 IS

1 (2) PURPOSES.—The purposes of the alloca2 tions shall be—

3 (A) to improve the efficiency of the trans4 portation system;

5 (B) to reduce the impacts of transpor6 tation on the environment;

7 (C) to reduce the need for costly future in8 vestments in public infrastructure; and

9 (D) to provide efficient access to jobs,

10 services, and centers of trade.

11 (3) CRITERIA.—In allocating funds made avail12 able to carry out this subsection, the Secretary shall

13 give priority to applicants that—

14 (A) propose projects for funding that ad15 dress the purposes described in paragraph (2);

16 (B) demonstrate a commitment to public

17 involvement, including involvement of nontradi18 tional partners in the project team; and

19 (C) demonstrate a commitment of non20 Federal resources to the proposed projects.

21 (d) ALLOCATION OF FUNDS FOR IMPLEMENTA22 TION.—

23 (1) IN GENERAL.—The Secretary may allocate

24 funds made available to carry out this subsection to

25 States, metropolitan planning organizations, and
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1 local governments to carry out projects to address

2 transportation efficiency and community and system

3 preservation.

4 (2) CRITERIA.—In allocating funds made avail5 able to carry out this subsection, the Secretary shall

6 give priority to applicants that—

7 (A) have instituted preservation or develop8 ment plans and programs that—

9 (i) meet the requirements of title 23

10 and chapter 53 of title 49, United States

11 Code; and

12 (ii) are—

13 (I) coordinated with adopted

14 preservation or development plans; or

15 (II) intended to promote strate16 gic investments in transportation in17 frastructure;

18 (B) have instituted other policies to inte19 grate transportation and community and sys20 tem preservation practices, such as—

21 (i) spending policies that direct funds

22 to high-growth areas;

23 (ii) urban growth boundaries to guide

24 metropolitan expansion;
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1 (iii) ‘‘green corridors’’ programs that

2 provide access to major highway corridors

3 for areas targeted for efficient and com4 pact development; or

5 (iv) other similar programs or policies

6 as determined by the Secretary;

7 (C) have preservation or development poli8 cies that include a mechanism for reducing po9 tential impacts of transportation activities on

10 the environment; and

11 (D) propose projects for funding that ad12 dress the purposes described in subsection

13 (c)(2).

14 (3) USE OF ALLOCATED FUNDS.—

15 (A) IN GENERAL.—An allocation of funds

16 made available to carry out this subsection shall

17 be used by the recipient to implement the

18 projects proposed in the application to the Sec19 retary.

20 (B) TYPES OF PROJECTS.—The allocation

21 of funds shall be available for obligation for—

22 (i) any project eligible for funding

23 under title 23 or chapter 53 of title 49,

24 United States Code; or
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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

15 from the Highway Trust Fund (other than the Mass

16 Transit Account) to carry out this section

17 $20,000,000 for each of fiscal years 1998 through

18 2003.

19 (2) CONTRACT AUTHORITY.—Funds authorized

20 under this subsection shall be available for obligation

21 in the same manner as if the funds were apportioned

22 under chapter 1 of title 23, United States Code.
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1 Subtitle G—Technical Corrections

2 SEC. 1701. FEDERAL-AID SYSTEMS.

3 (a) IN GENERAL.—Section 103 of title 23, United

4 States Code, is amended to read as follows:

5 ‘‘§ 103. Federal-aid systems

6 ‘‘(a) IN GENERAL.—For the purposes of this title,

7 the Federal-aid systems are the Interstate System and the

8 National Highway System.

9 ‘‘(b) NATIONAL HIGHWAY SYSTEM.—

10 ‘‘(1) DESCRIPTION.—The National Highway

11 System consists of an interconnected system of

12 major routes and connectors that—

13 ‘‘(A) serve major population centers, inter14 national border crossings, ports, airports, public

15 transportation facilities, and other intermodal

16 transportation facilities and other major travel

17 destinations;

18 ‘‘(B) meet national defense requirements;

19 and

20 ‘‘(C) serve interstate and interregional

21 travel.

22 ‘‘(2) COMPONENTS.—The National Highway

23 System consists of the following:

24 ‘‘(A) The Interstate System described in

25 subsection (c).
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1 ‘‘(B) Other urban and rural principal arte2 rial routes.

3 ‘‘(C) Other connector highways (including

4 toll facilities) that provide motor vehicle access

5 between arterial routes on the National High6 way System and a major intermodal transpor7 tation facility.

8 ‘‘(D) A strategic highway network consist9 ing of a network of highways that are impor10 tant to the United States strategic defense pol11 icy and that provide defense access, continuity,

12 and emergency capabilities for the movement of

13 personnel, materials, and equipment in both

14 peacetime and wartime. The highways may be

15 highways on or off the Interstate System and

16 shall be designated by the Secretary in con17 sultation with appropriate Federal agencies and

18 the States.

19 ‘‘(E) Major strategic highway network con20 nectors consisting of highways that provide

21 motor vehicle access between major military in22 stallations and highways that are part of the

23 strategic highway network. The highways shall

24 be designated by the Secretary in consultation
264

•S 1173 IS

1 with appropriate Federal agencies and the

2 States.

3 ‘‘(3) MAXIMUM MILEAGE.—The mileage of

4 highways on the National Highway System shall not

5 exceed 178,250 miles.

6 ‘‘(4) MODIFICATIONS TO NHS.—

7 ‘‘(A) IN GENERAL.—The Secretary may

8 make any modification, including any modifica9 tion consisting of a connector to a major inter10 modal terminal, to the National Highway Sys11 tem that is proposed by a State or that is pro12 posed by a State and revised by the Secretary

13 if the Secretary determines that the modifica14 tion—

15 ‘‘(i) meets the criteria established for

16 the National Highway System under this

17 title; and

18 ‘‘(ii) enhances the national transpor19 tation characteristics of the National High20 way System.

21 ‘‘(B) COOPERATION.—

22 ‘‘(i) IN GENERAL.—In proposing a

23 modification under this paragraph, a State

24 shall cooperate with local and regional offi25 cials.
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1 ‘‘(ii) URBANIZED AREAS.—In an ur2 banized area, the local officials shall act

3 through the metropolitan planning organi4 zation designated for the area under sec5 tion 134.

6 ‘‘(c) INTERSTATE SYSTEM.—

7 ‘‘(1) DESCRIPTION.—

8 ‘‘(A) IN GENERAL.—The Dwight D. Eisen9 hower National System of Interstate and De10 fense Highways within the United States (in11 cluding the District of Columbia and Puerto

12 Rico), consists of highways—

13 ‘‘(i) designed—

14 ‘‘(I) in accordance with the

15 standards of section 109(b); or

16 ‘‘(II) in the case of highways in

17 Alaska and Puerto Rico, in accord18 ance with such geometric and con19 struction standards as are adequate

20 for current and probable future traffic

21 demands and the needs of the locality

22 of the highway; and

23 ‘‘(ii) located so as—

24 ‘‘(I) to connect by routes, as di25 rect as practicable, the principal met-
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•S 1173 IS

1 ropolitan areas, cities, and industrial

2 centers;

3 ‘‘(II) to serve the national de4 fense; and

5 ‘‘(III) to the maximum extent

6 practicable, to connect at suitable bor7 der points with routes of continental

8 importance in Canada and Mexico.

9 ‘‘(B) SELECTION OF ROUTES.—To the

10 maximum extent practicable, each route of the

11 Interstate System shall be selected by joint ac12 tion of the State transportation agencies of the

13 State in which the route is located and the ad14 joining States, in cooperation with local and re15 gional officials, and subject to the approval of

16 the Secretary.

17 ‘‘(2) MAXIMUM MILEAGE.—The mileage of

18 highways on the Interstate System shall not exceed

19 43,000 miles, exclusive of designations under para20 graph (4).

21 ‘‘(3) MODIFICATIONS.—The Secretary may ap22 prove or require modifications to the Interstate Sys23 tem in a manner consistent with the policies and

24 procedures established under this subsection.

25 ‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.—
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1 ‘‘(A) ADDITIONS.—If the Secretary deter2 mines that a highway on the National Highway

3 System meets all standards of a highway on the

4 Interstate System and that the highway is a

5 logical addition or connection to the Interstate

6 System, the Secretary may, upon the affirma7 tive recommendation of the State or States in

8 which the highway is located, designate the

9 highway as a route on the Interstate System.

10 ‘‘(B) DESIGNATIONS AS FUTURE INTER11 STATE SYSTEM ROUTES.—

12 ‘‘(i) IN GENERAL.—If the Secretary

13 determines that a highway on the National

14 Highway System would be a logical addi15 tion or connection to the Interstate System

16 and would qualify for designation as a

17 route on the Interstate System under sub18 paragraph (A), the Secretary may, upon

19 the affirmative recommendation of the

20 State or States in which the highway is lo21 cated, designate the highway as a future

22 Interstate System route.

23 ‘‘(ii) WRITTEN AGREEMENT OF

24 STATES.—A designation under clause (i)

25 shall be made only upon the written agree-
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•S 1173 IS

1 ment of the State or States described in

2 that clause that the highway will be con3 structed to meet all standards of a high4 way on the Interstate System by the date

5 that is 12 years after the date of the

6 agreement.

7 ‘‘(iii) REMOVAL OF DESIGNATION.—

8 ‘‘(I) IN GENERAL.—If the State

9 or States described in clause (i) have

10 not substantially completed the con11 struction of a highway designated

12 under this subparagraph within the

13 time provided for in the agreement be14 tween the Secretary and the State or

15 States under clause (ii), the Secretary

16 shall remove the designation of the

17 highway as a future Interstate System

18 route.

19 ‘‘(II) EFFECT OF REMOVAL.—

20 Removal of the designation of a high21 way under subclause (I) shall not pre22 clude the Secretary from designating

23 the highway as a route on the Inter24 state System under subparagraph (A)

25 or under any other provision of law
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1 providing for addition to the Inter2 state System.

3 ‘‘(iv) PROHIBITION ON REFERRAL AS

4 INTERSTATE SYSTEM ROUTE.—No law,

5 rule, regulation, map, document, or other

6 record of the United States, or of any

7 State or political subdivision of a State,

8 shall refer to any highway designated as a

9 future Interstate System route under this

10 subparagraph, nor shall any such highway

11 be signed or marked, as a highway on the

12 Interstate System until such time as the

13 highway is constructed to the geometric

14 and construction standards for the Inter15 state System and has been designated as a

16 route on the Interstate System.

17 ‘‘(C) FINANCIAL RESPONSIBILITY.—

18 ‘‘(i) IN GENERAL.—Except as pro19 vided in clause (ii), the designation of a

20 highway under this paragraph shall create

21 no additional Federal financial responsibil22 ity with respect to the highway.

23 ‘‘(ii) CERTAIN HIGHWAYS.—Subject to

24 section 119(b)(1)(B), a State may use

25 funds available to the State under para-
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•S 1173 IS

1 graphs (1) and (3) of section 104(b) for

2 the resurfacing, restoration, rehabilitation,

3 and reconstruction of a highway—

4 ‘‘(I) designated before March 9,

5 1984, as a route on the Interstate

6 System under subparagraph (A) or as

7 a future Interstate System route

8 under subparagraph (B); or

9 ‘‘(II) in Alaska or Puerto Rico

10 designated under subparagraph (A).

11 ‘‘(d) TRANSFER OF INTERSTATE CONSTRUCTION

12 FUNDS.—

13 ‘‘(1) INTERSTATE CONSTRUCTION FUNDS NOT

14 IN SURPLUS.—

15 ‘‘(A) IN GENERAL.—Upon application by a

16 State and approval by the Secretary, the Sec17 retary may transfer to the apportionment of the

18 State under section 104(b)(1) any amount of

19 funds apportioned to the State under section

20 104(b)(5)(A) (as in effect on the day before the

21 date of enactment of the Intermodal Transpor22 tation Act of 1997), if the amount does not ex23 ceed the Federal share of the costs of construc24 tion of segments of the Interstate System in the
271

•S 1173 IS

1 State included in the most recent Interstate

2 System cost estimate.

3 ‘‘(B) EFFECT OF TRANSFER.—Upon trans4 fer of an amount under subparagraph (A), the

5 construction on which the amount is based, as

6 included in the most recent Interstate System

7 cost estimate, shall be ineligible for funding

8 under section 104(b)(5)(A) (as in effect on the

9 day before the date of enactment of the Inter10 modal Transportation Act of 1997) or 104(k).

11 ‘‘(2) SURPLUS INTERSTATE CONSTRUCTION

12 FUNDS.—Upon application by a State and approval

13 by the Secretary, the Secretary may transfer to the

14 apportionment of the State under section 104(b)(1)

15 any amount of surplus funds apportioned to the

16 State under section 104(b)(5)(A) (as in effect on the

17 day before the date of enactment of the Intermodal

18 Transportation Act of 1997), if the State has fully

19 financed all work eligible under the most recent

20 Interstate System cost estimate.

21 ‘‘(3) APPLICABILITY OF CERTAIN LAWS.—

22 Funds transferred under this subsection shall be

23 subject to the laws (including regulations, policies,

24 and procedures) relating to the apportionment to

25 which the funds are transferred.
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1 ‘‘(e) UNOBLIGATED BALANCES OF INTERSTATE SUB2 STITUTE FUNDS.—Unobligated balances of funds appor3 tioned to a State under section 103(e)(4)(H) (as in effect

4 on the day before the date of enactment of the Intermodal

5 Transportation Act of 1997) shall be available for obliga6 tion by the State under the law (including regulations,

7 policies, and procedures) relating to the obligation and ex8 penditure of the funds in effect on that date.’’.

9 (b) CONFORMING AMENDMENTS.—

10 (1)(A) Section 101(a) of title 23, United States

11 Code, is amended in the undesignated paragraph de12 fining ‘‘Interstate System’’ by striking ‘‘subsection

13 (e) of section 103 of this title’’ and inserting ‘‘sec14 tion 103(c)’’.

15 (B) Section 104(f)(1) of title 23, United States

16 Code, is amended by striking ‘‘, except that’’ and all

17 that follows through ‘‘programs’’.

18 (C) Section 115(a) of title 23, United States

19 Code, is amended—

20 (i) in the subsection heading, by striking

21 ‘‘SUBSTITUTE,’’; and

22 (ii) in paragraph (1)(A)(i), by striking

23 ‘‘103(e)(4)(H),’’;

24 (D) Section 118 of title 23, United States Code

25 (as amended by section 1118(b)), is amended—
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1 (i) by striking subsection (d); and

2 (ii) by redesignating subsections (e), (f),

3 and (g) (as added by section 1103(d)) as sub4 sections (c), (d), and (e), respectively.

5 (E) Section 129(b) of title 23, United States

6 Code, is amended in the first sentence by striking

7 ‘‘which has been’’ and all that follows through ‘‘and

8 has not’’ and inserting ‘‘which is a public road and

9 has not’’.

10 (2)(A) Section 139 of title 23, United States

11 Code, is repealed.

12 (B) The analysis for chapter 1 of title 23, Unit13 ed States Code, is amended by striking the item re14 lating to section 139.

15 (C) Section 119(a) of title 23, United States

16 Code, is amended in the first sentence—

17 (i) by striking ‘‘sections 103 and 139(c) of

18 this title’’ and inserting ‘‘section 103(c)(1) and,

19 in Alaska and Puerto Rico, under section

20 103(c)(4)(A)’’; and

21 (ii) by striking ‘‘section 139 (a) and (b) of

22 this title’’ and inserting ‘‘subparagraphs (A)

23 and (B) of section 103(c)(4)’’.
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1 (D) Section 127(f) of title 23, United States

2 Code, is amended by striking ‘‘section 139(a)’’ and

3 inserting ‘‘section 103(c)(4)(A)’’.

4 (E) Section 1105(e)(5) of the Intermodal Sur5 face Transportation Efficiency Act of 1991 (109

6 Stat. 597) is amended by striking subparagraph (B)

7 and inserting the following:

8 ‘‘(B) TREATMENT OF SEGMENTS.—Subject

9 to subparagraph (C), segments designated as

10 parts of the Interstate System under this para11 graph shall be treated in the same manner as

12 segments designated under section 103(c)(4)(A)

13 of title 23, United States Code.’’.

14 SEC. 1702. MISCELLANEOUS TECHNICAL CORRECTIONS.

15 (a) DEFINITIONS AND DECLARATION OF POLICY.—

16 (1) CREATION OF POLICY SECTION.—Section

17 102 of title 23, United States Code, is amended—

18 (A) by striking the section heading and in19 serting the following:

20 ‘‘§ 102. Declaration of policy’’;

21 (B) by redesignating subsection (a) as sub22 section (c) and moving that subsection to the

23 end of section 146; and

24 (C) by redesignating subsection (b) as sub25 section (f) and moving that subsection to the
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•S 1173 IS

1 end of section 118 (as amended by section

2 1701(b)(1)(D)(ii)).

3 (2) TRANSFER OF POLICY PROVISIONS.—Sec4 tion 101 of title 23, United States Code, is amend5 ed—

6 (A) by striking the section heading and in7 serting the following:

8 ‘‘§ 101. Definitions’’;

9 (B) in subsection (a), by striking ‘‘(a)’’;

10 (C) by striking subsection (b); and

11 (D) by redesignating subsections (c)

12 through (e) as subsections (a) through (c), re13 spectively, and moving those subsections to sec14 tion 102 (as amended by paragraph (1)).

15 (3) CONFORMING AMENDMENTS.—

16 (A) The analysis for chapter 1 of title 23,

17 United States Code, is amended by striking the

18 items relating to sections 101 and 102 and in19 serting the following:

‘‘101. Definitions.

‘‘102. Declaration of policy.’’.

20 (B) Section 47107(j)(1)(B) of title 49,

21 United States Code, is amended by striking

22 ‘‘section 101(a)’’ and inserting ‘‘section 101’’.

23 (b) ADVANCE CONSTRUCTION.—Section 115 of title

24 23, United States Code, is amended—
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1 (1) in subsection (b)—

2 (A) by striking ‘‘PROJECTS’’ and all that

3 follows through ‘‘When a State’’ and inserting

4 ‘‘PROJECTS.—When a State’’;

5 (B) by striking paragraphs (2) and (3);

6 and

7 (C) by redesignating subparagraphs (A)

8 and (B) as paragraphs (1) and (2), respectively,

9 and indenting appropriately;

10 (2) by striking subsection (c);

11 (3) in subsection (d), by striking ‘‘section

12 135(f)’’ and inserting ‘‘section 135’’; and

13 (4) by redesignating subsection (d) as sub14 section (c).

15 (c) MAINTENANCE.—Section 116 of title 23, United

16 States Code, is amended—

17 (1) in subsection (a), by striking the second

18 sentence;

19 (2) by striking subsection (b);

20 (3) in subsection (c)—

21 (A) in the first sentence, by striking ‘‘he’’

22 and inserting ‘‘the Secretary’’; and

23 (B) in the second sentence, by striking

24 ‘‘further projects’’ and inserting ‘‘further ex-
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•S 1173 IS

1 penditure of Federal-aid highway program

2 funds’’; and

3 (4) by redesignating subsections (c) and (d) as

4 subsections (b) and (c), respectively.

5 (d) INTERSTATE MAINTENANCE PROGRAM.—Section

6 119(a) of title 23, United States Code, is amended in the

7 first sentence by striking ‘‘the date of enactment of this

8 sentence’’ and inserting ‘‘March 9, 1984’’.

9 (e) ADVANCES TO STATES.—Section 124 of title 23,

10 United States Code, is amended—

11 (1) by striking ‘‘(a)’’; and

12 (2) by striking subsection (b).

13 (f) DIVERSION.—

14 (1) IN GENERAL.—Section 126 of title 23,

15 United States Code, is repealed.

16 (2) CONFORMING AMENDMENT.—The analysis

17 for chapter 1 of title 23, United States Code, is

18 amended by striking the item relating to section

19 126.

20 (g) RAILWAY-HIGHWAY CROSSINGS.—Section 130(f)

21 of title 23, United States Code, is amended by striking

22 ‘‘APPORTIONMENT’’ and all that follows through the first

23 sentence and inserting ‘‘FEDERAL SHARE.—’’.

24 (h) SURFACE TRANSPORTATION PROGRAM.—Section

25 133(a) of title 23, United States Code, is amended by
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1 striking ‘‘ESTABLISHMENT.—The Secretary shall estab2 lish’’ and inserting ‘‘IN GENERAL.—The Secretary shall

3 carry out’’.

4 (i) CONTROL OF JUNKYARDS.—Section 136 of title

5 23, United States Code, is amended by striking subsection

6 (m) and inserting the following:

7 ‘‘(m) PRIMARY SYSTEM DEFINED.—For purposes of

8 this section, the term ‘primary system’ means the Federal9 aid primary system in existence on June 1, 1991, and any

10 highway which is not on such system but which is on the

11 National Highway System.’’.

12 (j) FRINGE AND CORRIDOR PARKING FACILITIES.—

13 Section 137(a) of title 23, United States Code, is amended

14 in the first sentence by striking ‘‘on the Federal-aid urban

15 system’’ and inserting ‘‘on a Federal-aid highway’’.

16 (k) NONDISCRIMINATION.—Section 140 of title 23,

17 United States Code, is amended—

18 (1) in subsection (a)—

19 (A) in the first sentence, by striking ‘‘sub20 section (a) of section 105 of this title,’’ and in21 serting ‘‘section 106(a),’’;

22 (B) by striking ‘‘he’’ each place it appears

23 and inserting ‘‘the Secretary’’;

24 (C) in the second sentence, by striking

25 ‘‘He’’ and inserting ‘‘The Secretary’’;
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1 (D) in the third sentence, by striking ‘‘In

2 approving programs for projects on any of the

3 Federal-aid systems,’’ and inserting ‘‘Before ap4 proving any project under section 106(a),’’; and

5 (E) in the last sentence, by striking ‘‘him’’

6 and inserting ‘‘the Secretary’’;

7 (2) by striking subsection (b);

8 (3) in the subsection heading of subsection (d),

9 by striking ‘‘AND CONTRACTING’’; and

10 (4) by redesignating subsections (c) and (d) as

11 subsections (b) and (c), respectively.

12 (l) PRIORITY PRIMARY ROUTES.—

13 (1) IN GENERAL.—Section 147 of title 23,

14 United States Code, is repealed.

15 (2) CONFORMING AMENDMENT.—The analysis

16 for chapter 1 of title 23, United States Code, is

17 amended by striking the item relating to section

18 147.

19 (m) DEVELOPMENT OF A NATIONAL SCENIC AND

20 RECREATIONAL HIGHWAY.—

21 (1) IN GENERAL.—Section 148 of title 23,

22 United States Code, is repealed.

23 (2) CONFORMING AMENDMENT.—The analysis

24 for chapter 1 of title 23, United States Code, is
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1 amended by striking the item relating to section

2 148.

3 (n) HAZARD ELIMINATION PROGRAM.—Section

4 152(e) of title 23, United States Code, is amended by

5 striking ‘‘apportioned to’’ in the first sentence and all that

6 follows through ‘‘shall be’’ in the second sentence.

7 (o) ACCESS HIGHWAYS TO PUBLIC RECREATION

8 AREAS ON CERTAIN LAKES.—

9 (1) IN GENERAL.—Section 155 of title 23,

10 United States Code, is repealed.

11 (2) CONFORMING AMENDMENT.—The analysis

12 for chapter 1 of title 23, United States Code, is

13 amended by striking the item relating to section

14 155.

15 SEC. 1703. NONDISCRIMINATION.

16 (a) IN GENERAL.—Section 324 of title 23, United

17 States Code, is amended—

18 (1) by inserting ‘‘(d) PROHIBITION OF DIS19 CRIMINATION ON THE BASIS OF SEX.—’’ before ‘‘No

20 person’’; and

21 (2) by moving subsection (d) (as designated by

22 paragraph (1)) to the end of section 140 (as amend23 ed by section 1702(k)).

24 (b) CONFORMING AMENDMENTS.—
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1 (1) Section 324 of title 23, United States Code,

2 is repealed.

3 (2) The analysis for chapter 3 of title 23, Unit4 ed States Code, is amended by striking the item re5 lating to section 324.

6 SEC. 1704. STATE TRANSPORTATION DEPARTMENT.

7 (a) IN GENERAL.—Section 302 of title 23, United

8 States Code, is amended—

9 (1) in subsection (a)—

10 (A) by striking ‘‘(a)’’;

11 (B) by striking the second sentence; and

12 (C) by adding at the end the following:

13 ‘‘Compliance with this section shall have no ef14 fect on the eligibility of costs.’’; and

15 (2) by striking subsection (b).

16 (b) CONFORMING AMENDMENTS.—

17 (1) Title 23, United States Code, is amended—

18 (A) by striking ‘‘State highway depart19 ment’’ each place it appears and inserting

20 ‘‘State transportation department’’; and

21 (B) by striking ‘‘State highway depart22 ments’’ each place it appears and inserting

23 ‘‘State transportation departments’’.

24 (2) The analysis for chapter 3 of title 23, Unit25 ed States Code, is amended in the item relating to
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1 section 302 by striking ‘‘highway’’ and inserting

2 ‘‘transportation’’.

3 (3) Section 302 of title 23, United States Code,

4 is amended in the section heading by striking

5 ‘‘highway’’ and inserting ‘‘transportation’’.

6 (4) Section 410(h)(5) of title 23, United States

7 Code, is amended in the paragraph heading by strik8 ing ‘‘HIGHWAY’’ and inserting ‘‘TRANSPORTATION’’.

9 (5) Section 201(b) of the Appalachian Regional

10 Development Act of 1965 (40 U.S.C. App.) is

11 amended in the second sentence by striking ‘‘State

12 highway department’’ and inserting ‘‘State transpor13 tation department’’.

14 (6) Section 138(c) of the Surface Transpor15 tation Assistance Act of 1978 (40 U.S.C. App. note

16 to section 201 of the Appalachian Regional Develop17 ment Act of 1965; Public Law 95–599) is amended

18 in the first sentence by striking ‘‘State highway de19 partment’’ and inserting ‘‘State transportation de20 partment’’.
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1 TITLE II—RESEARCH AND

2 TECHNOLOGY

3 Subtitle A—Research and Training

4 SEC. 2001. STRATEGIC RESEARCH PLAN.

5 Subtitle III of title 49, United States Code, is amend6 ed—

7 (1) in the table of chapters, by inserting after

8 the item relating to chapter 51 the following:

‘‘52. RESEARCH AND DEVELOPMENT ...................................... 5201’’;

9 and

10 (2) by inserting after chapter 51 the following:

11 ‘‘CHAPTER 52—RESEARCH AND

12 DEVELOPMENT

‘‘Sec.

‘‘5201. Definitions.

‘‘SUBCHAPTER I—GENERAL AND ADMINISTRATIVE PROVISIONS

‘‘5211. Transactional authority.

‘‘SUBCHAPTER II—STRATEGIC PLANNING

‘‘5221. Strategic planning.

‘‘5222. Authorization of appropriations.

‘‘SUBCHAPTER III—MULTIMODAL TRANSPORTATION RESEARCH

AND DEVELOPMENT PROGRAM

‘‘5231. Multimodal Transportation Research and Development Program.

‘‘5232. Authorization of appropriations.

‘‘SUBCHAPTER IV—NATIONAL UNIVERSITY TRANSPORTATION

CENTERS

‘‘5241. National university transportation centers.

13 ‘‘§ 5201. Definitions

14 ‘‘In this chapter:
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1 ‘‘(1) DEPARTMENT.—The term ‘Department’

2 means the Department of Transportation.

3 ‘‘(2) SECRETARY.—The term ‘Secretary’ means

4 the Secretary of Transportation.

5 ‘‘SUBCHAPTER I—GENERAL AND

6 ADMINISTRATIVE PROVISIONS

7 ‘‘§ 5211. Transactional authority

8 ‘‘To further the objectives of this chapter, the Sec9 retary may make grants to, and enter into contracts, coop10 erative agreements, and other transactions with—

11 ‘‘(1) any person or any agency or instrumental12 ity of the United States;

13 ‘‘(2) any unit of State or local government;

14 ‘‘(3) any educational institution; and

15 ‘‘(4) any other entity.

16 ‘‘SUBCHAPTER II—STRATEGIC PLANNING

17 ‘‘§ 5221. Strategic planning

18 ‘‘(a) AUTHORITY.—The Secretary shall establish a

19 strategic planning process to—

20 ‘‘(1) determine national transportation re21 search, development, and technology deployment pri22 orities, strategies, and milestones over the next 5

23 years;
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1 ‘‘(2) coordinate Federal transportation re2 search, development, and technology deployment ac3 tivities; and

4 ‘‘(3) measure the impact of the research, devel5 opment, and technology investments described in

6 paragraph (2) on the performance of the transpor7 tation system of the United States.

8 ‘‘(b) CRITERIA.—In developing strategic plans for

9 intermodal, multimodal, and mode-specific research, devel10 opment, and technology deployment, the Secretary shall

11 consider the need to—

12 ‘‘(1) coordinate and integrate Federal, regional,

13 State, and metropolitan planning research, develop14 ment, and technology activities in urban and rural

15 areas;

16 ‘‘(2) promote standards that facilitate a seam17 less and interoperable transportation system;

18 ‘‘(3) encourage innovation;

19 ‘‘(4) identify and facilitate initiatives and part20 nerships to deploy technology with the potential for

21 improving transportation systems during the next 5-

22 year and 10-year periods;

23 ‘‘(5) identify core research to support the long24 term transportation technology and system needs of
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1 urban and rural areas of the United States, includ2 ing safety;

3 ‘‘(6) ensure the ability of the United States to

4 compete on a global basis; and

5 ‘‘(7) provide a means of assessing the impact of

6 Federal research and technology investments on the

7 performance of the transportation system of the

8 United States.

9 ‘‘(c) IMPLEMENTATION.—

10 ‘‘(1) IN GENERAL.—In carrying out subsection

11 (a), the Secretary shall adopt such policies and pro12 cedures as are appropriate—

13 ‘‘(A) to provide for integrated planning, co14 ordination, and consultation among the Admin15 istrators of the operating administrations of the

16 Department and other Federal officials with re17 sponsibility for research, development, and tech18 nology transfer important to national transpor19 tation needs;

20 ‘‘(B) to promote the exchange of informa21 tion on transportation-related research and de22 velopment activities among the operating ele23 ments of the Department, other Federal depart24 ments and agencies, State and local govern25 ments, colleges and universities, industry, and
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1 other private and public sector organizations

2 engaged in the activities;

3 ‘‘(C) to ensure that the research and devel4 opment programs of the Department do not du5 plicate other Federal and, to the maximum ex6 tent practicable, private sector research and de7 velopment programs; and

8 ‘‘(D) to ensure that the research and de9 velopment activities of the Department—

10 ‘‘(i) make appropriate use of the tal11 ents, skills, and abilities at the Federal

12 laboratories; and

13 ‘‘(ii) leverage, to the maximum extent

14 practicable, the research, development, and

15 technology transfer capabilities of institu16 tions of higher education and private in17 dustry.

18 ‘‘(2) CONSULTATION.—The procedures and

19 policies adopted under paragraph (1) shall include

20 consultation with State officials and members of the

21 private sector.

22 ‘‘(d) REPORTS.—

23 ‘‘(1) IN GENERAL.—Concurrent with the sub24 mission to Congress of the budget of the President

25 for each fiscal year, the Secretary shall submit to
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1 the Committee on Environment and Public Works of

2 the Senate and the Committee on Transportation

3 and Infrastructure of the House of Representatives

4 a report on the strategic plans, goals, and milestones

5 developed under subsections (a) and (b) to help

6 guide research, development, and technology transfer

7 activities during the 5-year period beginning on the

8 date of the report.

9 ‘‘(2) COMPARISON TO PREVIOUS REPORT.—The

10 report shall include a delineation of the progress

11 made with respect to each of the plans, goals, and

12 milestones specified in the previous report.

13 ‘‘(3) PROHIBITION ON OBLIGATION FOR FAIL14 URE TO SUBMIT REPORT.—Beginning on the date of

15 the submission to Congress of the budget of the

16 President for fiscal year 2000, and on the date of

17 the submission for each fiscal year thereafter, none

18 of the funds made available under this chapter or

19 chapter 5 of title 23 may be obligated until the re20 port required under paragraph (1) for that fiscal

21 year is submitted.

22 ‘‘§ 5222. Authorization of contract authority

23 ‘‘(a) IN GENERAL.—There shall be available from the

24 Highway Trust Fund (other than the Mass Transit Ac-
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1 count) to carry out this subchapter $1,500,000 for each

2 of fiscal years 1998 through 2003.

3 ‘‘(b) CONTRACT AUTHORITY.—Funds authorized

4 under this section shall be available for obligation in the

5 same manner as if the funds were apportioned under chap6 ter 1 of title 23, except that—

7 ‘‘(1) any Federal share of the cost of an activity

8 under this subchapter shall be determined in accord9 ance with this subchapter; and

10 ‘‘(2) the funds shall remain available for obliga11 tion for a period of 2 years after the last day of the

12 fiscal year for which the funds are authorized.

13 ‘‘(c) USE OF UNALLOCATED FUNDS.—To the extent

14 that the amounts made available for any fiscal year under

15 subsection (a) exceed the amounts used to carry out sec16 tion 5221 for the fiscal year, the excess amounts—

17 ‘‘(1) shall be apportioned in accordance with

18 section 104(b)(3) of title 23;

19 ‘‘(2) shall be considered to be sums made avail20 able for expenditure on the surface transportation

21 program, except that the amounts shall not be sub22 ject to section 133(d) of that title; and

23 ‘‘(3) shall be available for any purpose eligible

24 for funding under section 133 of that title.’’.
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1 SEC. 2002. MULTIMODAL TRANSPORTATION RESEARCH

2 AND DEVELOPMENT PROGRAM.

3 Chapter 52 of title 49, United States Code (as added

4 by section 2001), is amended by adding at the end the

5 following:

6 ‘‘SUBCHAPTER III—MULTIMODAL TRANSPOR7 TATION RESEARCH AND DEVELOPMENT

8 PROGRAM

9 ‘‘§ 5231. Multimodal Transportation Research and De10 velopment Program

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab12 lish a program to be known as the ‘Multimodal Transpor13 tation Research and Development Program’.

14 ‘‘(b) PURPOSES.—The purposes of the Multimodal

15 Transportation Research and Development Program are

16 to—

17 ‘‘(1) enhance the capabilities of Federal agen18 cies to meet national transportation needs, as de19 fined by the missions of the agencies, through sup20 port for long-term and applied research and develop21 ment that would benefit the various modes of trans22 portation, including research and development in

23 safety, security, mobility, energy and the environ24 ment, information and physical infrastructure, and

25 industrial design;
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1 ‘‘(2) identify and apply innovative research per2 formed by the Federal Government, academia, and

3 the private sector to the intermodal and multimodal

4 transportation research, development, and deploy5 ment needs of the Department and the transpor6 tation enterprise of the United States;

7 ‘‘(3) identify and leverage research, tech8 nologies, and other information developed by the

9 Federal Government for national defense and non10 defense purposes for the benefit of the public, com11 mercial, and defense transportation sectors; and

12 ‘‘(4) share information and analytical and re13 search capabilities among the Federal Government,

14 State and local governments, colleges and univer15 sities, and private organizations to advance their

16 ability to meet their transportation research, devel17 opment, and deployment needs.

18 ‘‘(c) PROCESS FOR CONSULTATION.—To advise the

19 Secretary in establishing priorities within the Program,

20 the Secretary shall establish a process for consultation

21 among the Administrators of the operating administra22 tions of the Department and other Federal officials with

23 responsibility for research.
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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

5 of fiscal years 1998 through 2003.

6 ‘‘(b) CONTRACT AUTHORITY.—Funds authorized

7 under this section shall be available for obligation in the

8 same manner as if the funds were apportioned under chap9 ter 1 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

20 by adding at the end the following:

21 ‘‘SUBCHAPTER IV—NATIONAL UNIVERSITY

22 TRANSPORTATION CENTERS

23 ‘‘§ 5241. National university transportation centers

24 ‘‘(a) REGIONALLY BASED CENTERS.—The Secretary

25 shall make grants to, or enter into contracts with, the non26 profit institutions of higher learning selected under section
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•S 1173 IS

1 5317 (as in effect on the day before the date of enactment

2 of this section) to operate 1 university transportation cen3 ter in each of the 10 Federal administrative regions that

4 comprise the Standard Federal Regional Boundary Sys5 tem.

6 ‘‘(b) ADDITIONAL CENTERS.—

7 ‘‘(1) IN GENERAL.—The Secretary may make

8 grants to nonprofit institutions of higher learning to

9 establish and operate not more than 10 additional

10 university transportation centers to address—

11 ‘‘(A) transportation management, research,

12 and development, with special attention to in13 creasing the number of highly skilled minority

14 individuals and women entering the transpor15 tation workforce;

16 ‘‘(B) transportation and industrial produc17 tivity;

18 ‘‘(C) rural transportation;

19 ‘‘(D) advanced transportation technology;

20 ‘‘(E) international transportation policy

21 studies;

22 ‘‘(F) transportation infrastructure tech23 nology;

24 ‘‘(G) urban transportation research;

25 ‘‘(H) transportation and the environment;
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1 ‘‘(I) surface transportation safety; or

2 ‘‘(J) infrastructure finance studies.

3 ‘‘(2) SELECTION CRITERIA.—

4 ‘‘(A) APPLICATION.—A nonprofit institu5 tion of higher learning that desires to receive a

6 grant under paragraph (1) shall submit an ap7 plication to the Secretary in such manner and

8 containing such information as the Secretary

9 may require.

10 ‘‘(B) SELECTION OF RECIPIENTS.—The

11 Secretary shall select each grant recipient under

12 paragraph (1) on the basis of—

13 ‘‘(i) the demonstrated research and

14 extension resources available to the recipi15 ent to carry out this section;

16 ‘‘(ii) the capability of the recipient to

17 provide leadership in making national and

18 regional contributions to the solution of

19 immediate and long-term transportation

20 problems;

21 ‘‘(iii) the establishment by the recipi22 ent of a surface transportation program

23 that encompasses several modes of trans24 portation;
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•S 1173 IS

1 ‘‘(iv) the demonstrated ability of the

2 recipient to disseminate results of trans3 portation research and education programs

4 through a statewide or regionwide continu5 ing education program; and

6 ‘‘(v) the strategic plan that the recipi7 ent proposes to carry out using the grant

8 funds.

9 ‘‘(c) OBJECTIVES.—Each university transportation

10 center shall use grant funds under subsection (a) or (b)

11 to carry out—

12 ‘‘(1) multimodal basic and applied research, the

13 products of which are judged by peers or other ex14 perts in the field to advance the body of knowledge

15 in transportation;

16 ‘‘(2) an education program that includes multi17 disciplinary course work and participation in re18 search; and

19 ‘‘(3) an ongoing program of technology transfer

20 that makes research results available to potential

21 users in a form that can be readily implemented,

22 used, or otherwise applied.

23 ‘‘(d) MAINTENANCE OF EFFORT.—Before making a

24 grant under subsection (a) or (b), the Secretary shall re25 quire the grant recipient to enter into an agreement with
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1 the Secretary to ensure that the recipient will maintain,

2 during the period of the grant, a level of total expenditures

3 from all other sources for establishing and operating a

4 university transportation center and carrying out related

5 research activities that is at least equal to the average level

6 of those expenditures in the 2 fiscal years of the recipient

7 prior to the award of a grant under subsection (a) or (b).

8 ‘‘(e) ADDITIONAL GRANTS AND CONTRACTS.—

9 ‘‘(1) GRANTS OR CONTRACTS.—In addition to

10 grants under subsection (a) or (b), the Secretary

11 may make grants to, or enter into contracts with,

12 university transportation centers without the need

13 for a competitive process.

14 ‘‘(2) USE OF GRANTS OR CONTRACTS.—A non15 competitive grant or contract under paragraph (1)

16 shall be used for transportation research, develop17 ment, education, or training consistent with the stra18 tegic plan approved as part of the selection process

19 for the center.

20 ‘‘(f) FEDERAL SHARE.—The Federal share of the

21 cost of establishing and operating a university transpor22 tation center and carrying out related research activities

23 under this section shall be not more than 50 percent.

24 ‘‘(g) PROGRAM COORDINATION.—

25 ‘‘(1) IN GENERAL.—The Secretary shall—
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1 ‘‘(A) coordinate research, education, train2 ing, and technology transfer activities carried

3 out by grant recipients under this section;

4 ‘‘(B) disseminate the results of the re5 search; and

6 ‘‘(C) establish and operate a clearinghouse

7 for disseminating the results of the research.

8 ‘‘(2) REVIEW AND EVALUATION.—

9 ‘‘(A) IN GENERAL.—Not less often than

10 annually, the Secretary shall review and evalu11 ate programs carried out by grant recipients

12 under this section.

13 ‘‘(B) NOTIFICATION OF DEFICIENCIES.—

14 In carrying out subparagraph (A), if the Sec15 retary determines that a university transpor16 tation center is deficient in meeting the objec17 tives of this section, the Secretary shall notify

18 the grant recipient operating the center of each

19 deficiency and provide specific recommendations

20 of measures that should be taken to address the

21 deficiency.

22 ‘‘(C) DISQUALIFICATION.—If, after the

23 end of the 180-day period that begins on the

24 date of notification to a grant recipient under

25 subparagraph (B) with respect to a center, the
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1 Secretary determines that the recipient has not

2 corrected each deficiency identified under sub3 paragraph (B), the Secretary may, after notify4 ing the Committee on Environment and Public

5 Works of the Senate and the Committee on

6 Transportation and Infrastructure of the House

7 of Representatives of the determination—

8 ‘‘(i) disqualify the university transpor9 tation center from further participation

10 under this section; and

11 ‘‘(ii) make a grant for the establish12 ment of a new university transportation

13 center, in lieu of the disqualified center,

14 under subsection (a) or (b), as applicable.

15 ‘‘(3) FUNDING.—The Secretary may use not

16 more than 1 percent of Federal funds made avail17 able under this section to carry out this subsection.

18 ‘‘(h) AUTHORIZATION OF CONTRACT AUTHORITY.—

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

20 from the Highway Trust Fund (other than the Mass

21 Transit Account) to carry out this section

22 $12,000,000 for each of fiscal years 1998 through

23 2003.

24 ‘‘(2) CONTRACT AUTHORITY.—Funds author25 ized under this subsection shall be made available
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1 for obligation in the same manner as if the funds

2 were apportioned under chapter 1 of title 23, except

3 that the Federal share of the cost of a project under

4 this section shall be determined in accordance with

5 this section.

6 ‘‘(3) TECHNOLOGY TRANSFER ACTIVITIES.—

7 For each fiscal year, not less than 5 percent of the

8 amounts made available to carry out this section

9 shall be available to carry out technology transfer

10 activities.

11 ‘‘(i) LIMITATION ON AVAILABILITY OF FUNDS.—

12 Funds authorized under this section shall remain available

13 for obligation for a period of 2 years after the last day

14 of the fiscal year for which the funds are authorized.’’.

15 (b) CONFORMING AMENDMENTS.—

16 (1) Sections 5316 and 5317 of title 49, United

17 States Code, are repealed.

18 (2) The analysis for chapter 53 of title 49,

19 United States Code, is amended by striking the

20 items relating to sections 5316 and 5317.

21 SEC. 2004. BUREAU OF TRANSPORTATION STATISTICS.

22 (a) IN GENERAL.—Section 111 of title 49, United

23 States Code, is amended—

24 (1) in subsection (b)(4), by striking the second

25 sentence;
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1 (2) in subsection (c)—

2 (A) in paragraph (1)—

3 (i) in subparagraph (J), by striking

4 ‘‘and’’ at the end;

5 (ii) in subparagraph (K), by striking

6 the period at the end and inserting ‘‘;

7 and’’; and

8 (iii) by adding at the end the follow9 ing:

10 ‘‘(L) transportation-related variables that

11 influence global competitiveness.’’;

12 (B) in paragraph (2)—

13 (i) in the first sentence, by striking

14 ‘‘national transportation system’’ and in15 serting ‘‘transportation systems of the

16 United States’’;

17 (ii) by striking subparagraph (A) and

18 inserting the following:

19 ‘‘(A) be coordinated with efforts to meas20 ure outputs and outcomes of the Department of

21 Transportation and the transportation systems

22 of the United States under the Government

23 Performance and Results Act of 1993 (Public

24 Law 103–62) and the amendments made by

25 that Act;’’; and
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1 (iii) in subparagraph (C), by inserting

2 ‘‘, made relevant to the States and metro3 politan planning organizations,’’ after ‘‘ac4 curacy’’;

5 (C) in paragraph (3), by adding at the end

6 the following: ‘‘The Bureau shall review and re7 port to the Secretary of Transportation on the

8 sources and reliability of the statistics proposed

9 by the heads of the operating administrations of

10 the Department to measure outputs and out11 comes as required by the Government Perform12 ance and Results Act of 1993 (Public Law

13 103–62) and the amendments made by that

14 Act, and shall carry out such other reviews of

15 the sources and reliability of other data col16 lected by the heads of the operating administra17 tions of the Department as shall be requested

18 by the Secretary.’’; and

19 (D) by adding at the end the following:

20 ‘‘(7) SUPPORTING TRANSPORTATION DECISION21 MAKING.—Ensuring that the statistics compiled

22 under paragraph (1) are relevant for transportation

23 decisionmaking by the Federal Government, State

24 and local governments, transportation-related asso25 ciations, private businesses, and consumers.’’;
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1 (3) by redesignating subsections (d), (e) and (f)

2 as subsections (h), (i) and (j), respectively;

3 (4) by striking subsection (g);

4 (5) by inserting after subsection (c) the follow5 ing:

6 ‘‘(d) TRANSPORTATION DATA BASE.—

7 ‘‘(1) IN GENERAL.—In consultation with the

8 Associate Deputy Secretary, the Assistant Secretar9 ies, and the heads of operating administrations of

10 the Department of Transportation, the Director

11 shall establish and maintain a transportation data

12 base for all modes of transportation.

13 ‘‘(2) USE.—The data base shall be suitable for

14 analyses carried out by the Federal Government, the

15 States, and metropolitan planning organizations.

16 ‘‘(3) CONTENTS.—The data base shall in17 clude—

18 ‘‘(A) information on the volumes and pat19 terns of movement of goods, including local,

20 interregional, and international movement, by

21 all modes of transportation and intermodal

22 combinations, and by relevant classification;

23 ‘‘(B) information on the volumes and pat24 terns of movement of people, including local,

25 interregional, and international movements, by
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1 all modes of transportation (including bicycle

2 and pedestrian modes) and intermodal combina3 tions, and by relevant classification;

4 ‘‘(C) information on the location and

5 connectivity of transportation facilities and

6 services; and

7 ‘‘(D) a national accounting of expenditures

8 and capital stocks on each mode of transpor9 tation and intermodal combination.

10 ‘‘(e) NATIONAL TRANSPORTATION LIBRARY.—

11 ‘‘(1) IN GENERAL.—The Director shall establish

12 and maintain a National Transportation Library,

13 which shall contain a collection of statistical and

14 other information needed for transportation decision15 making at the Federal, State, and local levels.

16 ‘‘(2) ACCESS.—The Bureau shall facilitate and

17 promote access to the Library, with the goal of im18 proving the ability of the transportation community

19 to share information and the ability of the Bureau

20 to make statistics readily accessible under subsection

21 (c)(5).

22 ‘‘(3) COORDINATION.—The Bureau shall work

23 with other transportation libraries and other trans24 portation information providers, both public and pri25 vate, to achieve the goal specified in paragraph (2).
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1 ‘‘(f) NATIONAL TRANSPORTATION ATLAS DATA

2 BASE.—

3 ‘‘(1) IN GENERAL.—The Director shall develop

4 and maintain geospatial data bases that depict—

5 ‘‘(A) transportation networks;

6 ‘‘(B) flows of people, goods, vehicles, and

7 craft over the networks; and

8 ‘‘(C) social, economic, and environmental

9 conditions that affect or are affected by the net10 works.

11 ‘‘(2) INTERMODAL NETWORK ANALYSIS.—The

12 data bases shall be able to support intermodal net13 work analysis.

14 ‘‘(g) RESEARCH AND DEVELOPMENT GRANTS.—The

15 Secretary may make grants to, or enter into cooperative

16 agreements or contracts with, public and nonprofit private

17 entities (including State departments of transportation,

18 metropolitan planning organizations, and institutions of

19 higher education) for—

20 ‘‘(1) investigation of the subjects specified in

21 subsection (c)(1) and research and development of

22 new methods of data collection, management, inte23 gration, dissemination, interpretation, and analysis;

24 ‘‘(2) development of electronic clearinghouses of

25 transportation data and related information, as part
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1 of the National Transportation Library under sub2 section (e); and

3 ‘‘(3) development and improvement of methods

4 for sharing geographic data, in support of the na5 tional transportation atlas data base under sub6 section (f) and the National Spatial Data Infrastruc7 ture developed under Executive Order No. 12906.’’;

8 (6) by striking subsection (i) (as redesignated

9 by paragraph (3)) and inserting the following:

10 ‘‘(i) PROHIBITION ON CERTAIN DISCLOSURES.—

11 ‘‘(1) IN GENERAL.—An officer or employee of

12 the Bureau may not—

13 ‘‘(A) make any disclosure in which the

14 data provided by an individual or organization

15 under subsection (c)(2) can be identified;

16 ‘‘(B) use the information provided under

17 subsection (c)(2) for a nonstatistical purpose;

18 or

19 ‘‘(C) permit anyone other than an individ20 ual authorized by the Director to examine any

21 individual report provided under subsection

22 (c)(2).

23 ‘‘(2) PROHIBITION ON REQUESTS FOR CERTAIN

24 DATA.—
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1 ‘‘(A) GOVERNMENT AGENCIES.—No de2 partment, bureau, agency, officer, or employee

3 of the United States (except the Director of the

4 Bureau of Transportation Statistics in carrying

5 out this section) may require, for any reason, a

6 copy of any report that has been filed under

7 subsection (c)(2) with the Bureau of Transpor8 tation Statistics or retained by an individual re9 spondent.

10 ‘‘(B) COURTS.—Any copy of a report de11 scribed in subparagraph (A) that has been re12 tained by an individual respondent or filed with

13 the Bureau or any of its employees, contractors,

14 or agents—

15 ‘‘(i) shall be immune from legal proc16 ess; and

17 ‘‘(ii) shall not, without the consent of

18 the individual concerned, be admitted as

19 evidence or used for any purpose in any

20 action, suit, or other judicial or adminis21 trative proceeding.

22 ‘‘(C) APPLICABILITY.—This paragraph

23 shall apply only to information that permits in24 formation concerning an individual or organiza-
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1 tion to be reasonably inferred by direct or indi2 rect means.

3 ‘‘(3) DATA COLLECTED FOR NONSTATISTICAL

4 PURPOSES.—In a case in which the Bureau is au5 thorized by statute to collect data or information for

6 a nonstatistical purpose, the Director shall clearly

7 distinguish the collection of the data or information,

8 by rule and on the collection instrument, so as to in9 form a respondent that is requested or required to

10 supply the data or information of the nonstatistical

11 purpose.’’;

12 (7) in subsection (j) (as redesignated by para13 graph (3)), by striking ‘‘On or before January 1,

14 1994, and annually thereafter, the’’ and inserting

15 ‘‘The’’; and

16 (8) by adding at the end the following:

17 ‘‘(k) PROCEEDS OF DATA PRODUCT SALES.—Not18 withstanding section 3302 of title 31, United States Code,

19 funds received by the Bureau of Transportation Statistics

20 from the sale of data products, for necessary expenses in21 curred, may be credited to the Highway Trust Fund

22 (other than the Mass Transit Account) for the purpose

23 of reimbursing the Bureau for the expenses.

24 ‘‘(l) AUTHORIZATION OF CONTRACT AUTHORITY.—
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1 ‘‘(1) IN GENERAL.—There shall be available

2 from the Highway Trust Fund (other than the Mass

3 Transit Account) to carry out this section

4 $26,000,000 for fiscal year 1998, $27,000,000 for

5 fiscal year 1999, $28,000,000 for fiscal year 2000,

6 $29,000,000 for fiscal year 2001, $30,000,000 for

7 fiscal year 2002, and $31,000,000 for fiscal year

8 2003, except that not more than $500,000 for each

9 fiscal year may be made available to carry out sub10 section (g).

11 ‘‘(2) AVAILABILITY.—Funds authorized under

12 this subsection shall remain available for a period of

13 3 years after the last day of the fiscal year for which

14 the funds are authorized.

15 ‘‘(3) CONTRACT AUTHORITY.—Funds author16 ized under this subsection shall be available for obli17 gation in the same manner as if the funds were ap18 portioned under chapter 1 of title 23.’’.

19 (b) CONFORMING AMENDMENTS.—Section 5503 of

20 title 49, United States Code, is amended—

21 (1) by striking subsection (d); and

22 (2) by redesignating subsections (e), (f), and

23 (g) as subsections (d), (e), and (f), respectively.

24 SEC. 2005. RESEARCH AND TECHNOLOGY PROGRAM.

25 Title 23, United States Code, is amended—
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1 (1) in the table of chapters, by adding at the

2 end the following:

‘‘5. Research and Technology ........................................................ 501’’;

3 and

4 (2) by adding at the end the following:

5 ‘‘CHAPTER 5—RESEARCH AND

6 TECHNOLOGY

‘‘SUBCHAPTER I—RESEARCH AND TRAINING

‘‘Sec.

‘‘501. Definition of safety.

‘‘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.

‘‘SUBCHAPTER II—INTELLIGENT TRANSPORTATION SYSTEMS

‘‘521. Findings and 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. Standards.

‘‘529. Funding limitations.

‘‘530. Advisory committees.

‘‘SUBCHAPTER III—FUNDING

‘‘541. Funding.

7 ‘‘SUBCHAPTER I—RESEARCH AND TRAINING

8 ‘‘§ 501. Definition of safety

9 ‘‘In this chapter, the term ‘safety’ includes highway

10 and traffic safety systems, research and development re-
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1 lating to vehicle, highway, driver, passenger, bicyclist, and

2 pedestrian characteristics, accident investigations, commu3 nications, emergency medical care, and transportation of

4 the injured.

5 ‘‘§ 502. Research and technology program

6 ‘‘(a) GENERAL AUTHORITY AND COLLABORATIVE

7 AGREEMENTS.—

8 ‘‘(1) AUTHORITY OF THE SECRETARY.—

9 ‘‘(A) IN GENERAL.—The Secretary—

10 ‘‘(i) shall carry out research, develop11 ment, and technology transfer activities

12 with respect to—

13 ‘‘(I) motor carrier transportation;

14 ‘‘(II) all phases of transportation

15 planning and development (including

16 construction, operation, moderniza17 tion, development, design, mainte18 nance, safety, financing, and traffic

19 conditions); and

20 ‘‘(III) the effect of State laws on

21 the activities described in subclauses

22 (I) and (II); and

23 ‘‘(ii) may test, develop, or assist in

24 testing and developing any material, inven25 tion, patented article, or process.
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1 ‘‘(B) COOPERATION, GRANTS, AND CON2 TRACTS.—The Secretary may carry out this

3 section—

4 ‘‘(i) independently;

5 ‘‘(ii) in cooperation with other Federal

6 departments, agencies, and instrumental7 ities; or

8 ‘‘(iii) by making grants to, or entering

9 into contracts, cooperative agreements, and

10 other transactions with, the National

11 Academy of Sciences, the American Asso12 ciation of State Highway and Transpor13 tation Officials, or any State agency, au14 thority, association, institution, for-profit

15 or nonprofit corporation, organization, for16 eign country, or person.

17 ‘‘(C) TECHNICAL INNOVATION.—The Sec18 retary shall develop and carry out programs to

19 facilitate the application of such products of re20 search and technical innovations as will improve

21 the safety, efficiency, and effectiveness of the

22 transportation system.

23 ‘‘(D) FUNDS.—
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1 ‘‘(i) IN GENERAL.—Except as other2 wise specifically provided in other sections

3 of this chapter—

4 ‘‘(I) to carry out this subsection,

5 the 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

18 the funds are authorized.

19 ‘‘(ii) USE OF FUNDS.—The Secretary

20 shall use funds described in clause (i) to

21 develop, administer, communicate, and

22 achieve the use of products of research, de23 velopment, and technology transfer pro24 grams under this section.
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•S 1173 IS

1 ‘‘(2) COLLABORATIVE RESEARCH AND DEVEL2 OPMENT.—

3 ‘‘(A) IN GENERAL.—To encourage innova4 tive solutions to surface transportation prob5 lems and stimulate the deployment of new tech6 nology, the Secretary may carry out, on a cost7 shared basis, collaborative research and devel8 opment with non-Federal entities, including

9 State and local governments, foreign govern10 ments, colleges and universities, corporations,

11 institutions, partnerships, sole proprietorships,

12 and trade associations that are incorporated or

13 established under the laws of any State.

14 ‘‘(B) AGREEMENTS.—In carrying out this

15 paragraph, the Secretary may enter into cooper16 ative research and development agreements (as

17 defined in section 12 of the Stevenson-Wydler

18 Technology Innovation Act of 1980 (15 U.S.C.

19 3710a)).

20 ‘‘(C) FEDERAL SHARE.—

21 ‘‘(i) IN GENERAL.—The Federal share

22 of the cost of activities carried out under

23 a cooperative research and development

24 agreement entered into under this para25 graph shall not exceed 50 percent, except
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1 that if there is substantial public interest

2 or benefit, the Secretary may approve a

3 greater Federal share.

4 ‘‘(ii) NON-FEDERAL SHARE.—All costs

5 directly incurred by the non-Federal part6 ners, including personnel, travel, and hard7 ware development costs, shall be credited

8 toward the non-Federal share of the cost

9 of the activities described in clause (i).

10 ‘‘(D) USE OF TECHNOLOGY.—The re11 search, development, or use of a technology

12 under a cooperative research and development

13 agreement entered into under this paragraph,

14 including the terms under which the technology

15 may be licensed and the resulting royalties may

16 be distributed, shall be subject to the Steven17 son-Wydler Technology Innovation Act of 1980

18 (15 U.S.C. 3701 et seq.).

19 ‘‘(3) WAIVER OF ADVERTISING REQUIRE20 MENTS.—Section 3709 of the Revised Statutes (41

21 U.S.C. 5) shall not apply to a contract or agreement

22 entered into under this chapter.

23 ‘‘(b) MANDATORY ELEMENTS OF PROGRAM.—The

24 Secretary shall include in the surface transportation re25 search, development, and technology transfer programs
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•S 1173 IS

1 under this subsection and as specified elsewhere in this

2 title—

3 ‘‘(1) a coordinated long-term program of re4 search for the development, use, and dissemination

5 of performance indicators to measure the perform6 ance of the surface transportation systems of the

7 United States, including indicators for productivity,

8 efficiency, energy use, air quality, congestion, safety,

9 maintenance, and other factors that reflect the over10 all performance of the system; and

11 ‘‘(2) a program to strengthen and expand sur12 face transportation infrastructure research, develop13 ment, and technology transfer, which shall include,

14 at a minimum—

15 ‘‘(A) methods and materials for improving

16 the durability of surface transportation infra17 structure facilities and extending the life of

18 bridge structures, including new and innovative

19 technologies to reduce corrosion;

20 ‘‘(B) a research and development program

21 directed toward the reduction of costs, and the

22 mitigation of impacts, associated with the con23 struction of highways and mass transit systems;

24 ‘‘(C) a surface transportation research pro25 gram to develop nondestructive evaluation
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•S 1173 IS

1 equipment for use with existing infrastructure

2 facilities and with next-generation infrastruc3 ture facilities that use advanced materials;

4 ‘‘(D)(i) information technology, including

5 appropriate computer programs to collect and

6 analyze data on the status of infrastructure fa7 cilities described in subparagraph (C) with re8 spect to enhancing management, growth, and

9 capacity; and

10 ‘‘(ii) dynamic simulation models of surface

11 transportation systems for—

12 ‘‘(I) predicting capacity, safety, and

13 infrastructure durability problems;

14 ‘‘(II) evaluating planned research

15 projects; and

16 ‘‘(III) testing the strengths and weak17 nesses of proposed revisions to surface

18 transportation operation programs;

19 ‘‘(E) new innovative technologies to en20 hance and facilitate field construction and reha21 bilitation techniques for minimizing disruption

22 during repair and maintenance of structures;

23 ‘‘(F) initiatives to improve the ability of

24 the United States to respond to emergencies
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•S 1173 IS

1 and natural disasters and to enhance national

2 defense mobility; and

3 ‘‘(G) an evaluation of traffic calming meas4 ures that promote community preservation,

5 transportation mode choice, and safety.

6 ‘‘(c) REPORT ON GOALS, MILESTONES, AND ACCOM7 PLISHMENTS.—The goals, milestones, and accomplish8 ments relevant to each of the mandatory program ele9 ments described in subsection (b) shall be specified in the

10 report required under section 5221(d) of title 49.’’.

11 SEC. 2006. ADVANCED RESEARCH PROGRAM.

12 Subchapter I of chapter 5 of title 23, United States

13 Code (as added by section 2005), is amended by adding

14 at the end the following:

15 ‘‘§ 503. Advanced research program

16 ‘‘(a) ESTABLISHMENT.—

17 ‘‘(1) IN GENERAL.—The Secretary shall estab18 lish an advanced research program within the Fed19 eral Highway Administration to address longer-term,

20 higher-risk research that shows potential benefits for

21 improving the durability, mobility, efficiency, envi22 ronmental impact, productivity, and safety of trans23 portation systems.

24 ‘‘(2) DEVELOPMENT OF PARTNERSHIPS.—In

25 carrying out the program, the Secretary shall at-
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•S 1173 IS

1 tempt to develop partnerships with the public and

2 private sectors.

3 ‘‘(b) GRANTS, COOPERATIVE AGREEMENTS, AND

4 CONTRACTS.—Under the program, the Secretary may

5 make grants and enter into cooperative agreements and

6 contracts for advanced research.

7 ‘‘(c) AUTHORIZATION OF CONTRACT AUTHORITY.—

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

9 from the Highway Trust Fund (other than the Mass

10 Transit Account) to carry out this section

11 $5,000,000 for fiscal year 1998, $7,000,000 for fis12 cal year 1999, $9,000,000 for fiscal year 2000, and

13 $10,000,000 for each of fiscal years 2001 through

14 2003.

15 ‘‘(2) CONTRACT AUTHORITY.—Funds author16 ized under this section shall be available for obliga17 tion in the same manner as if the funds were appor18 tioned under chapter 1, except that the Federal

19 share of the cost of any activity funded under this

20 subsection shall be determined by the Secretary.’’.

21 SEC. 2007. LONG-TERM PAVEMENT PERFORMANCE PRO22 GRAM.

23 Subchapter I of chapter 5 of title 23, United States

24 Code (as amended by section 2006), is amended by adding

25 at the end the following:
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•S 1173 IS

1 ‘‘§ 504. Long-term pavement performance program

2 ‘‘(a) AUTHORITY.—The Secretary shall complete the

3 long-term pavement performance program tests initiated

4 under the strategic highway research program established

5 under section 307(d) (as in effect on the day before the

6 date of enactment of this section) and continued by the

7 Intermodal Surface Transportation Efficiency Act of 1991

8 (Public Law 102–240) through the midpoint of a planned

9 20-year life of the long-term pavement performance pro10 gram (referred to in this section as the ‘program’).

11 ‘‘(b) GRANTS, COOPERATIVE AGREEMENTS, AND

12 CONTRACTS.—Under the program, the Secretary shall

13 make grants and enter into cooperative agreements and

14 contracts to—

15 ‘‘(1) monitor, material-test, and evaluate high16 way test sections in existence as of the date of the

17 grant, agreement, or contract;

18 ‘‘(2) analyze the data obtained in carrying out

19 paragraph (1); and

20 ‘‘(3) prepare products to fulfill program objec21 tives and meet future pavement technology needs.

22 ‘‘(c) AUTHORIZATION OF CONTRACT AUTHORITY.—

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

24 from the Highway Trust Fund (other than the Mass

25 Transit Account) to carry out this section
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•S 1173 IS

1 $15,000,000 for each of fiscal years 1998 through

2 2003.

3 ‘‘(2) CONTRACT AUTHORITY.—Funds author4 ized under this subsection shall be available for obli5 gation in the same manner as if the funds were ap6 portioned under chapter 1, except that—

7 ‘‘(A) the Federal share of the cost of any

8 activity funded under this section shall be de9 termined by the Secretary; and

10 ‘‘(B) the funds shall remain available for

11 obligation for a period of 3 years after the last

12 day of the fiscal year for which the funds are

13 authorized.’’.

14 SEC. 2008. STATE PLANNING AND RESEARCH PROGRAM.

15 Subchapter I of chapter 5 of title 23, United States

16 Code (as amended by section 2007), is amended by adding

17 at the end the following:

18 ‘‘§ 505. State planning and research program

19 ‘‘(a) IN GENERAL.—

20 ‘‘(1) AVAILABILITY OF FUNDS.—Two percent of

21 the sums apportioned for fiscal year 1998 and each

22 fiscal year thereafter to any State under section 104

23 (except section 104(f)) and any transfers or addi24 tions to the surface transportation program under

25 section 133 shall be available for expenditure by the
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•S 1173 IS

1 State transportation agency, in consultation with the

2 Secretary, in accordance with this section.

3 ‘‘(2) USE OF FUNDS.—The sums referred to in

4 paragraph (1) shall be available only for—

5 ‘‘(A) intermodal metropolitan, statewide,

6 and nonmetropolitan planning under sections

7 134 and 135;

8 ‘‘(B) development and implementation of

9 management systems referred to in section 303;

10 ‘‘(C) studies, research, development, and

11 technology transfer activities necessary for the

12 planning, design, construction, management,

13 operation, maintenance, regulation, and tax14 ation of the use of surface transportation sys15 tems, including training and accreditation of in16 spection and testing on engineering standards

17 and construction materials for the systems; and

18 ‘‘(D) studies of the economy, safety, and

19 convenience of surface transportation usage and

20 the desirable regulation and equitable taxation

21 of surface transportation usage.

22 ‘‘(b) MINIMUM EXPENDITURES ON STUDIES, RE23 SEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER

24 ACTIVITIES.—
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•S 1173 IS

1 ‘‘(1) IN GENERAL.—Not less than 25 percent of

2 the funds of a State that are subject to subsection

3 (a) shall be expended by the State transportation

4 agency for studies, research, development, and tech5 nology transfer activities described in subparagraphs

6 (C) and (D) of subsection (a)(2) unless the State

7 certifies to the Secretary for the fiscal year that the

8 total expenditures by the State transportation agen9 cy for transportation planning under sections 134

10 and 135 will exceed 75 percent of the amount of the

11 funds and the Secretary accepts the certification.

12 ‘‘(2) EXEMPTION FROM SMALL BUSINESS AS13 SESSMENT.—Funds expended under paragraph (1)

14 shall not be considered to be part of the extramural

15 budget of the agency for the purpose of section 9 of

16 the Small Business Act (15 U.S.C. 638).

17 ‘‘(c) FEDERAL SHARE.—The Federal share of the

18 cost of a project financed with funds referred to in sub19 section (a) shall be 80 percent unless the Secretary deter20 mines that the interests of the Federal-aid highway pro21 gram would be best served by decreasing or eliminating

22 the non-Federal share.

23 ‘‘(d) ADMINISTRATION OF FUNDS.—Funds referred

24 to in subsection (a) shall be combined and administered

25 by the Secretary as a single fund, which shall be available
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1 for obligation for the same period as funds apportioned

2 under section 104(b)(1).’’.

3 SEC. 2009. EDUCATION AND TRAINING.

4 Subchapter I of chapter 5 of title 23, United States

5 Code (as amended by section 2008), is amended by adding

6 at the end the following:

7 ‘‘§ 506. Education and training

8 ‘‘(a) LOCAL TECHNICAL ASSISTANCE PROGRAM.—

9 ‘‘(1) AUTHORITY.—The Secretary shall carry

10 out a transportation assistance program that will

11 provide access to modern highway technology to—

12 ‘‘(A) highway and transportation agencies

13 in urbanized areas with populations of between

14 50,000 and 1,000,000 individuals;

15 ‘‘(B) highway and transportation agencies

16 in rural areas; and

17 ‘‘(C) contractors that do work for the

18 agencies.

19 ‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND

20 CONTRACTS.—The Secretary may make grants and

21 enter into cooperative agreements and contracts to

22 provide education and training, technical assistance,

23 and related support services that will—

24 ‘‘(A) assist rural, local transportation

25 agencies and tribal governments, and the con-
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•S 1173 IS

1 sultants and construction personnel working for

2 the agencies and governments, to—

3 ‘‘(i) develop and expand their exper4 tise in road and transportation areas (in5 cluding pavement, bridge, safety manage6 ment systems, and traffic safety counter7 measures);

8 ‘‘(ii) improve roads and bridges;

9 ‘‘(iii) enhance—

10 ‘‘(I) programs for the movement

11 of passengers and freight; and

12 ‘‘(II) intergovernmental transpor13 tation planning and project selection;

14 and

15 ‘‘(iv) deal effectively with special

16 transportation-related problems by prepar17 ing and providing training packages,

18 manuals, guidelines, and technical resource

19 materials;

20 ‘‘(B) identify, package, and deliver trans21 portation technology and traffic safety informa22 tion to local jurisdictions to assist urban trans23 portation agencies in developing and expanding

24 their ability to deal effectively with transpor25 tation-related problems;
325

•S 1173 IS

1 ‘‘(C) operate, in cooperation with State

2 transportation agencies and universities—

3 ‘‘(i) local technical assistance program

4 centers to provide transportation tech5 nology transfer services to rural areas and

6 to urbanized areas with populations of be7 tween 50,000 and 1,000,000 individuals;

8 and

9 ‘‘(ii) local technical assistance pro10 gram centers designated to provide trans11 portation technical assistance to Indian

12 tribal governments; and

13 ‘‘(D) allow local transportation agencies

14 and tribal governments, in cooperation with the

15 private sector, to enhance new technology im16 plementation.

17 ‘‘(3) AUTHORIZATION OF CONTRACT AUTHOR18 ITY.—

19 ‘‘(A) IN GENERAL.—There shall be avail20 able from the Highway Trust Fund (other than

21 the Mass Transit Account) $7,000,000 for fis22 cal year 1998, $7,000,000 for fiscal year 1999,

23 $7,000,000 for fiscal year 2000, $8,000,000 for

24 fiscal year 2001, $8,000,000 for fiscal year

25 2002, and $8,000,000 for fiscal year 2003 to be
326

•S 1173 IS

1 used to develop and administer the program es2 tablished under this section and to provide tech3 nical and financial support for the centers oper4 ated under paragraph (2)(C).

5 ‘‘(B) CONTRACT AUTHORITY.—Funds au6 thorized under this paragraph shall be available

7 for obligation in the same manner as if the

8 funds were apportioned under chapter 1, except

9 that—

10 ‘‘(i) the Federal share of the cost of

11 any activity under this subsection shall be

12 determined by the Secretary; and

13 ‘‘(ii) the funds shall remain available

14 for obligation for a period of 3 years after

15 the last day of the fiscal year for which the

16 funds are authorized.

17 ‘‘(b) NATIONAL HIGHWAY INSTITUTE.—

18 ‘‘(1) ESTABLISHMENT; DUTIES; PROGRAMS.—

19 ‘‘(A) ESTABLISHMENT.—The Secretary

20 shall establish and operate in the Federal High21 way Administration a National Highway Insti22 tute (referred to in this subsection as the ‘Insti23 tute’).

24 ‘‘(B) DUTIES.—
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•S 1173 IS

1 ‘‘(i) INSTITUTE.—In cooperation with

2 State transportation agencies, United

3 States industry, and any national or inter4 national entity, the Institute shall develop

5 and administer education and training pro6 grams of instruction for—

7 ‘‘(I) Federal Highway Adminis8 tration, State, and local transpor9 tation agency employees;

10 ‘‘(II) regional, State, and metro11 politan planning organizations;

12 ‘‘(III) State and local police, pub13 lic safety, and motor vehicle employ14 ees; and

15 ‘‘(IV) United States citizens and

16 foreign nationals engaged or to be en17 gaged in surface transportation work

18 of interest to the United States.

19 ‘‘(ii) SECRETARY.—The Secretary

20 shall administer, through the Institute, the

21 authority vested in the Secretary by this

22 title or by any other law for the develop23 ment and conduct of education and train24 ing programs relating to highways.
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•S 1173 IS

1 ‘‘(C) TYPES OF PROGRAMS.—Programs

2 that the Institute may develop and administer

3 may include courses in modern developments,

4 techniques, methods, regulations, management,

5 and procedures relating to—

6 ‘‘(i) surface transportation;

7 ‘‘(ii) environmental factors;

8 ‘‘(iii) acquisition of rights-of-way;

9 ‘‘(iv) relocation assistance;

10 ‘‘(v) engineering;

11 ‘‘(vi) safety;

12 ‘‘(vii) construction;

13 ‘‘(viii) maintenance;

14 ‘‘(ix) operations;

15 ‘‘(x) contract administration;

16 ‘‘(xi) motor carrier activities;

17 ‘‘(xii) inspection; and

18 ‘‘(xiii) highway finance.

19 ‘‘(2) SET ASIDE; FEDERAL SHARE.—Not to exceed 1 20 ⁄4 of 1 percent of the funds apportioned to a

21 State under section 104(b)(3) for the surface trans22 portation program shall be available for expenditure

23 by transportation agencies of the State for the pay24 ment of not to exceed 80 percent of the cost of tui25 tion and direct educational expenses (excluding trav-
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•S 1173 IS

1 el, subsistence, or salaries) in connection with the

2 education and training of employees of State and

3 local transportation agencies in accordance with this

4 subsection.

5 ‘‘(3) FEDERAL RESPONSIBILITY.—

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

7 subparagraph (B), education and training of

8 employees of Federal, State, and local transpor9 tation (including highway) agencies authorized

10 under this subsection may be provided—

11 ‘‘(i) by the Secretary at no cost to the

12 States and local governments if the Sec13 retary determines that provision at no cost

14 is in the public interest; or

15 ‘‘(ii) by the State through grants, co16 operative agreements, and contracts with

17 public and private agencies, institutions,

18 individuals, and the Institute.

19 ‘‘(B) PAYMENT OF FULL COST BY PRIVATE

20 PERSONS.—Private agencies, international or

21 foreign entities, and individuals shall pay the

22 full cost of any education and training received

23 by them unless the Secretary determines that a

24 lower cost is of critical importance to the public

25 interest.
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•S 1173 IS

1 ‘‘(4) TRAINING FELLOWSHIPS; COOPERATION.—

2 The Institute may—

3 ‘‘(A) engage in training activities author4 ized under this subsection, including the grant5 ing of training fellowships; and

6 ‘‘(B) carry out its authority independently

7 or in cooperation with any other branch of the

8 Federal Government or any State agency, au9 thority, association, institution, for-profit or

10 nonprofit corporation, other national or inter11 national entity, or other person.

12 ‘‘(5) COLLECTION OF FEES.—

13 ‘‘(A) GENERAL RULE.—In accordance with

14 this subsection, the Institute may assess and

15 collect fees solely to defray the costs of the In16 stitute in developing or administering education

17 and training programs under this subsection.

18 ‘‘(B) LIMITATION.—Fees may be assessed

19 and collected under this subsection only in a

20 manner that may reasonably be expected to re21 sult in the collection of fees during any fiscal

22 year in an aggregate amount that does not ex23 ceed the aggregate amount of the costs referred

24 to in subparagraph (A) for the fiscal year.
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•S 1173 IS

1 ‘‘(C) PERSONS SUBJECT TO FEES.—Fees

2 may be assessed and collected under this sub3 section only with respect to—

4 ‘‘(i) persons and entities for whom

5 education or training programs are devel6 oped or administered under this sub7 section; and

8 ‘‘(ii) persons and entities to whom

9 education or training is provided under

10 this subsection.

11 ‘‘(D) AMOUNT OF FEES.—The fees as12 sessed and collected under this subsection shall

13 be established in a manner that ensures that

14 the liability of any person or entity for a fee is

15 reasonably based on the proportion of the costs

16 referred to in subparagraph (A) that relate to

17 the person or entity.

18 ‘‘(E) USE.—All fees collected under this

19 subsection shall be used to defray costs associ20 ated with the development or administration of

21 education and training programs authorized

22 under this subsection.

23 ‘‘(6) FUNDING.—

24 ‘‘(A) AUTHORIZATION OF CONTRACT AU25 THORITY.—There shall be available from the
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•S 1173 IS

1 Highway Trust Fund (other than the Mass

2 Transit Account) to carry out this subsection

3 $5,000,000 for fiscal year 1998, $5,000,000 for

4 fiscal year 1999, $5,000,000 for fiscal year

5 2000, $6,000,000 for fiscal year 2001,

6 $6,000,000 for fiscal year 2002, and

7 $6,000,000 for fiscal year 2003.

8 ‘‘(B) RELATION TO OTHER FEES.—The

9 funds provided under this paragraph may be

10 combined with or held separate from the fees

11 collected under paragraph (5).

12 ‘‘(C) CONTRACT AUTHORITY.—Funds au13 thorized under this paragraph shall be available

14 for obligation in the same manner as if the

15 funds were apportioned under chapter 1, except

16 that—

17 ‘‘(i) the Federal share of the cost of

18 any activity under this subsection shall be

19 determined by the Secretary; and

20 ‘‘(ii) the funds shall remain available

21 for obligation for a period of 1 year after

22 the last day of the fiscal year for which the

23 funds are authorized.
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•S 1173 IS

1 ‘‘(7) CONTRACTS.—Section 3709 of the Revised

2 Statutes (41 U.S.C. 5) shall not apply to a contract

3 or agreement entered into under this subsection.

4 ‘‘(c) DWIGHT DAVID EISENHOWER TRANSPOR5 TATION FELLOWSHIP PROGRAM.—

6 ‘‘(1) GENERAL AUTHORITY.—The Secretary,

7 acting independently or in cooperation with other

8 Federal departments, agencies, and instrumental9 ities, may make grants for fellowships for any pur10 pose for which research, technology, or capacity

11 building is authorized under this chapter.

12 ‘‘(2) DWIGHT DAVID EISENHOWER TRANSPOR13 TATION FELLOWSHIP PROGRAM.—

14 ‘‘(A) IN GENERAL.—The Secretary shall

15 carry out a transportation fellowship program,

16 to be known as the ‘Dwight David Eisenhower

17 Transportation Fellowship Program’, for the

18 purpose of attracting qualified students to the

19 field of transportation.

20 ‘‘(B) TYPES OF FELLOWSHIPS.—The pro21 gram shall offer fellowships at the junior

22 through postdoctoral levels of college education.

23 ‘‘(C) CITIZENSHIP.—Each recipient of a

24 fellowship under the program shall be a United

25 States citizen.
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•S 1173 IS

1 ‘‘(3) AUTHORIZATION OF CONTRACT AUTHOR2 ITY.—

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

5 the Mass Transit Account) to carry out this

6 subsection $2,000,000 for each of fiscal years

7 1998 through 2003.

8 ‘‘(B) CONTRACT AUTHORITY.—Funds au9 thorized under this paragraph shall be available

10 for obligation in the same manner as if the

11 funds were apportioned under chapter 1, except

12 that—

13 ‘‘(i) the Federal share of the cost of

14 any activity funded under this subsection

15 shall be determined by the Secretary; and

16 ‘‘(ii) the funds shall remain available

17 for obligation for a period of 1 year after

18 the last day of the fiscal year for which the

19 funds are authorized.

20 ‘‘(d) HIGHWAY CONSTRUCTION TRAINING PRO21 GRAMS.—

22 ‘‘(1) USE OF FUNDS BY THE SECRETARY.—

23 ‘‘(A) IN GENERAL.—The Secretary, in co24 operation with any other department or agency

25 of the Federal Government, State agency, au-
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•S 1173 IS

1 thority, association, institution, Indian tribal

2 government, for-profit or nonprofit corporation,

3 or other organization or person, may—

4 ‘‘(i) develop, conduct, and administer

5 highway construction and technology train6 ing, including skill improvement, programs;

7 and

8 ‘‘(ii) develop and fund Summer

9 Transportation Institutes.

10 ‘‘(B) WAIVER OF ADVERTISING REQUIRE11 MENTS.—Section 3709 of the Revised Statutes

12 (41 U.S.C. 5) shall not apply to a contract or

13 agreement entered into by the Secretary under

14 this subsection.

15 ‘‘(C) FUNDING.—

16 ‘‘(i) IN GENERAL.—Before making ap17 portionments under section 104(b) for a

18 fiscal year, the Secretary shall deduct such

19 sums as the Secretary determines are nec20 essary, but not to exceed $10,000,000 for

21 each fiscal year, to carry out this sub22 section.

23 ‘‘(ii) AVAILABILITY.—Sums deducted

24 under clause (i) shall remain available

25 until expended.
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•S 1173 IS

1 ‘‘(2) USE OF FUNDS APPORTIONED TO

2 STATES.—Notwithstanding any other provision of

3 law, upon request of a State transportation department to the Secretary, not to exceed 1 4 ⁄2 of 1 percent

5 of the funds apportioned to the State for a fiscal

6 year under paragraphs (1) and (3) of section 104(b)

7 may be made available to carry out this subsection.

8 ‘‘(3) RESERVATION OF TRAINING POSITIONS

9 FOR INDIVIDUALS RECEIVING WELFARE ASSIST10 ANCE.—In carrying out this subsection, the Sec11 retary and States may reserve training positions for

12 individuals who receive welfare assistance from a

13 State.’’.

14 SEC. 2010. INTERNATIONAL HIGHWAY TRANSPORTATION

15 OUTREACH PROGRAM.

16 (a) IN GENERAL.—Title 23, United States Code, is

17 amended—

18 (1) by redesignating section 325 as section 507;

19 (2) by moving that section to appear at the end

20 of subchapter I of chapter 5 (as amended by section

21 2009);

22 (3) in subsection (a) of that section, by insert23 ing ‘‘, goods, and services’’ after ‘‘expertise’’; and

24 (4) by striking subsection (c) of that section

25 and inserting the following:
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•S 1173 IS

1 ‘‘(c) USE OF FUNDS.—

2 ‘‘(1) FUNDS DEPOSITED IN SPECIAL AC3 COUNT.—Funds available to carry out this section

4 shall include funds deposited by any cooperating or5 ganization or person in a special account for the

6 program established under this section with the Sec7 retary of the Treasury.

8 ‘‘(2) USE OF FUNDS.—The funds deposited in

9 the special account and other funds available to

10 carry out this section shall be available to pay the

11 cost of any activity eligible under this section, in12 cluding the cost of promotional materials, travel, re13 ception and representation expenses, and salaries

14 and benefits of officers and employees of the Depart15 ment of Transportation.

16 ‘‘(3) REIMBURSEMENTS.—Reimbursements for

17 the salaries and benefits of Federal Highway Admin18 istration employees who provide services under this

19 section shall be credited to the special account.

20 ‘‘(d) ELIGIBLE USE OF STATE PLANNING AND RE21 SEARCH FUNDS.—A State, in coordination with the Sec22 retary, may obligate funds made available to carry out sec23 tion 505 for any activity authorized under subsection

24 (a).’’.
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•S 1173 IS

1 (b) CONFORMING AMENDMENT.—The analysis for

2 chapter 3 of title 23, United States Code, is amended by

3 striking the item relating to section 325.

4 SEC. 2011. NATIONAL TECHNOLOGY DEPLOYMENT INITIA5 TIVES AND PARTNERSHIPS PROGRAM.

6 Subchapter I of chapter 5 of title 23, United States

7 Code (as amended by section 2010), is amended by adding

8 at the end the following:

9 ‘‘§ 508. National technology deployment initiatives

10 and partnerships program

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall develop

12 and administer a national technology deployment initia13 tives program.

14 ‘‘(b) PURPOSE.—The purpose of the program is to

15 significantly accelerate the adoption of innovative tech16 nologies by the surface transportation community.

17 ‘‘(c) DEPLOYMENT GOALS.—

18 ‘‘(1) ESTABLISHMENT.—Not later than 180

19 days after the date of enactment of this Act, the

20 Secretary shall establish not more than 5 deploy21 ment goals to carry out subsection (a).

22 ‘‘(2) DESIGN.—Each of the goals and the pro23 gram developed to achieve the goals shall be de24 signed to provide tangible benefits, with respect to

25 transportation systems, in the areas of efficiency,
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1 safety, reliability, service life, environmental protec2 tion, or sustainability.

3 ‘‘(3) STRATEGIES FOR ACHIEVEMENT.—For

4 each goal, the Secretary, in cooperation with rep5 resentatives of the transportation community such

6 as States, local governments, the private sector, and

7 academia, shall use domestic and international tech8 nology to develop strategies and initiatives to achieve

9 the goal, including technical assistance in deploying

10 technology and mechanisms for sharing information

11 among program participants.

12 ‘‘(d) CONTINUATION OF SHRP PARTNERSHIPS.—

13 Under the program, the Secretary shall continue the part14 nerships established through the strategic highway re15 search program established under section 307(d) (as in

16 effect on the day before the date of enactment of this sec17 tion).

18 ‘‘(e) GRANTS, COOPERATIVE AGREEMENTS, AND

19 CONTRACTS.—Under the program, the Secretary may

20 make grants and enter into cooperative agreements and

21 contracts to foster alliances and support efforts to stimu22 late advances in transportation technology, including—

23 ‘‘(1) the testing and evaluation of products of

24 the strategic highway research program;
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1 ‘‘(2) the further development and implementa2 tion of technology in areas such as the Superpave

3 system and the use of lithium salts to prevent and

4 mitigate alkali silica reactivity; and

5 ‘‘(3) the provision of support for long-term

6 pavement performance product implementation and

7 technology access.

8 ‘‘(f) REPORTS.—Not later than 18 months after the

9 date of enactment of this section, and biennially there10 after, the Secretary shall submit to the Committee on En11 vironment and Public Works of the Senate and the Com12 mittee on Transportation and Infrastructure of the House

13 of Representatives a report on the progress and results

14 of activities carried out under this section.

15 ‘‘(g) FUNDING.—

16 ‘‘(1) AUTHORIZATION OF CONTRACT AUTHOR17 ITY.—There shall be available from the Highway

18 Trust Fund (other than the Mass Transit Account)

19 to carry out this section $50,000,000 for each of fis20 cal years 1998 through 2003.

21 ‘‘(2) CONTRACT AUTHORITY.—Funds author22 ized under this subsection shall be available for obli23 gation in the same manner as if the funds were ap24 portioned under chapter 1, except that—
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1 ‘‘(A) the Federal share of the cost of any

2 activity under this section shall be determined

3 by the Secretary; and

4 ‘‘(B) the funds shall remain available for

5 obligation for a period of 3 years after the last

6 day of the fiscal year for which the funds are

7 authorized.

8 ‘‘(3) ALLOCATION.—To the extent appropriate

9 to achieve the goals established under subsection (c),

10 the Secretary may further allocate funds made avail11 able to carry out this subsection to States for their

12 use.’’.

13 SEC. 2012. INFRASTRUCTURE INVESTMENT NEEDS REPORT.

14 Subchapter I of chapter 5 of title 23, United States

15 Code (as amended by section 2011), is amended by adding

16 at the end the following:

17 ‘‘§ 509. Infrastructure investment needs report

18 ‘‘Not later than January 31, 1999, and January 31

19 of every second year thereafter, the Secretary shall report

20 to the Committee on Environment and Public Works of

21 the Senate and the Committee on Transportation and In22 frastructure of the House of Representatives on estimates

23 of the future highway and bridge needs of the United

24 States.’’.
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1 SEC. 2013. INNOVATIVE BRIDGE RESEARCH AND CON2 STRUCTION PROGRAM.

3 Subchapter I of chapter 5 of title 23, United States

4 Code (as amended by section 2012), is amended by adding

5 at the end the following:

6 ‘‘§ 510. Innovative bridge research and construction

7 program

8 ‘‘(a) IN GENERAL.—The Secretary shall establish

9 and carry out a program to demonstrate the application

10 of innovative material technology in the construction of

11 bridges and other structures.

12 ‘‘(b) GOALS.—The goals of the program shall in13 clude—

14 ‘‘(1) the development of new, cost-effective in15 novative material highway bridge applications;

16 ‘‘(2) the reduction of maintenance costs and

17 life-cycle costs of bridges, including the costs of new

18 construction, replacement, or rehabilitation of defi19 cient bridges;

20 ‘‘(3) the development of construction techniques

21 to increase safety and reduce construction time and

22 traffic congestion;

23 ‘‘(4) the development of engineering design cri24 teria for innovative products and materials for use

25 in highway bridges and structures; and
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1 ‘‘(5) the development of highway bridges and

2 structures that will withstand natural disasters, in3 cluding alternative processes for the seismic retrofit

4 of bridges.

5 ‘‘(c) GRANTS, COOPERATIVE AGREEMENTS, AND

6 CONTRACTS.—

7 ‘‘(1) IN GENERAL.—Under the program, the

8 Secretary shall make grants to, and enter into coop9 erative agreements and contracts with—

10 ‘‘(A) States, other Federal agencies, uni11 versities and colleges, private sector entities,

12 and nonprofit organizations to pay the Federal

13 share of the cost of research, development, and

14 technology transfer concerning innovative mate15 rials; and

16 ‘‘(B) States to pay the Federal share of

17 the cost of repair, rehabilitation, replacement,

18 and new construction of bridges or structures

19 that demonstrates the application of innovative

20 materials.

21 ‘‘(2) GRANTS.—

22 ‘‘(A) APPLICATIONS.—

23 ‘‘(i) SUBMISSION.—To receive a grant

24 under this section, an entity described in
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1 paragraph (1) shall submit an application

2 to the Secretary.

3 ‘‘(ii) CONTENTS.—The application

4 shall be in such form and contain such in5 formation as the Secretary may require.

6 ‘‘(B) APPROVAL CRITERIA.—The Secretary

7 shall select and approve applications for grants

8 under this section based on whether the project

9 that is the subject of the grant meets the goals

10 of the program described in subsection (b).

11 ‘‘(d) TECHNOLOGY AND INFORMATION TRANSFER.—

12 The Secretary shall take such action as is necessary to

13 ensure that the information and technology resulting from

14 research conducted under subsection (c) is made available

15 to State and local transportation departments and other

16 interested parties as specified by the Secretary.

17 ‘‘(e) FEDERAL SHARE.—The Federal share of the

18 cost of a project under this section shall be determined

19 by the Secretary.

20 ‘‘(f) AUTHORIZATION OF CONTRACT AUTHORITY.—

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

22 from the Highway Trust Fund (other than the Mass

23 Transit Account)—
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1 ‘‘(A) to carry out subsection (c)(1)(A)

2 $1,000,000 for each of fiscal years 1998

3 through 2003; and

4 ‘‘(B) to carry out subsection (c)(1)(B)—

5 ‘‘(i) $10,000,000 for fiscal year 1998;

6 ‘‘(ii) $15,000,000 for fiscal year 1999;

7 ‘‘(iii) $17,000,000 for fiscal year

8 2000; and

9 ‘‘(iv) $20,000,000 for each of fiscal

10 years 2001 through 2003.

11 ‘‘(2) CONTRACT AUTHORITY.—Funds author12 ized under this subsection shall be made available

13 for obligation in the same manner as if the funds

14 were apportioned under chapter 1, except that the

15 Federal share of the cost of a project under this sec16 tion shall be determined in accordance with this sec17 tion.’’.

18 SEC. 2014. USE OF BUREAU OF INDIAN AFFAIRS ADMINIS19 TRATIVE FUNDS.

20 Section 204(b) of title 23, United States Code, is

21 amended in the last sentence by striking ‘‘326’’ and insert22 ing ‘‘506’’.
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1 SEC. 2015. STUDY OF FUTURE STRATEGIC HIGHWAY RE2 SEARCH PROGRAM.

3 Subchapter I of chapter 5 of title 23, United States

4 Code (as amended by section 2013), is amended by adding

5 at the end the following:

6 ‘‘§ 511. Study of future strategic highway research

7 program

8 ‘‘(a) STUDY.—

9 ‘‘(1) IN GENERAL.—Not later than 120 days

10 after the date of enactment of this section, the Sec11 retary shall make a grant to, or enter into a cooper12 ative agreement or contract with, the Transportation

13 Research Board of the National Academy of

14 Sciences (referred to in this section as the ‘Board’)

15 to conduct a study to determine the goals, purposes,

16 research agenda and projects, administrative struc17 ture, and fiscal needs for a new strategic highway

18 research program to replace the program established

19 under section 307(d) (as in effect on the day before

20 the date of enactment of this section), or a similar

21 effort.

22 ‘‘(2) CONSULTATION.—In conducting the study,

23 the Board shall consult with the American Associa24 tion of State Highway and Transportation Officials

25 and such other entities as the Board determines to

26 be necessary to the conduct of the study.
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1 ‘‘(b) REPORT.—Not later than 2 years after making

2 a grant or entering into a cooperative agreement or con3 tract under subsection (a), the Board shall submit a final

4 report on the results of the study to the Secretary, the

5 Committee on Environment and Public Works of the Sen6 ate, and the Committee on Transportation and Infrastruc7 ture of the House of Representatives.’’.

8 SEC. 2016. JOINT PARTNERSHIPS FOR ADVANCED VEHI9 CLES, COMPONENTS, AND INFRASTRUCTURE

10 PROGRAM.

11 (a) IN GENERAL.—Subchapter I of chapter 3 of sub12 title I of title 49, United States Code, is amended by add13 ing at the end the following:

14 ‘‘§ 310. Joint partnerships for advanced vehicles,

15 components, and infrastructure program

16 ‘‘(a) PURPOSE.—The Secretary of Transportation, in

17 coordination with other government agencies and private

18 consortia, shall encourage and promote the research, de19 velopment, and deployment of transportation technologies

20 that will use technological advances in multimodal vehi21 cles, vehicle components, environmental technologies, and

22 related infrastructure to remove impediments to an effi23 cient and cost-effective national transportation system.

24 ‘‘(b) DEFINITION OF ELIGIBLE CONSORTIUM.—In

25 this section, the term ‘eligible consortium’ means a consor-
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1 tium that receives funding under the Department of De2 fense Appropriations Act, 1993 (Public Law 102–396;

3 106 Stat. 1876), and that comprises 2 or more of the fol4 lowing entities:

5 ‘‘(1) Businesses incorporated in the United

6 States.

7 ‘‘(2) Public or private educational or research

8 organizations located in the United States.

9 ‘‘(3) Entities of State or local governments in

10 the United States.

11 ‘‘(4) Federal laboratories.

12 ‘‘(c) PROGRAM.—The Secretary shall enter into con13 tracts, cooperative agreements, and other transactions as

14 authorized by section 2371 of title 10 with, and make

15 grants to, eligible consortia to promote the development

16 and deployment of innovation in transportation technology

17 services, management, and operational practices.

18 ‘‘(d) ELIGIBILITY CRITERIA.—To be eligible to re19 ceive assistance under this section, an eligible consortium

20 shall—

21 ‘‘(1) for a period of not less than the 3 years

22 preceding the date of a contract, cooperative agree23 ment, or other transaction, be organized on a state24 wide or multistate basis for the purpose of design25 ing, developing, and deploying transportation tech-
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1 nologies that address identified technological impedi2 ments in the transportation field;

3 ‘‘(2) facilitate the participation in the consor4 tium of small- and medium-sized businesses, utili5 ties, public laboratories and universities, and other

6 relevant entities;

7 ‘‘(3) be actively engaged in transportation tech8 nology projects that address compliance in non-at9 tainment areas under the Clean Air Act (42 U.S.C.

10 7401 et seq.);

11 ‘‘(4) be designed to use Federal and State fund12 ing to attract private capital in the form of grants

13 or investments to carry out this section; and

14 ‘‘(5) ensure that at least 50 percent of the

15 funding for the consortium project will be provided

16 by non-Federal sources.

17 ‘‘(e) PROPOSALS.—The Secretary shall prescribe

18 such terms and conditions as the Secretary determines to

19 be appropriate for the content and structure of proposals

20 submitted for assistance under this section.

21 ‘‘(f) REPORTING REQUIREMENTS.—At least once

22 each year, the Secretary shall submit to the Committee

23 on Transportation and Infrastructure of the House of

24 Representatives and the Committee on Environment and

25 Public Works of the Senate a report on the projects under-
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1 taken by the eligible consortia and the progress made in

2 advancing the purposes of this section.

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

4 is authorized to be appropriated to carry out this section

5 $50,000,000 for each of fiscal years 1998 through 2003,

6 to remain available until expended.’’.

7 (b) CONFORMING AMENDMENT.—The analysis for

8 subchapter I of chapter 3 of subtitle I of title 49, United

9 States Code, is amended by adding at the end the follow10 ing:

‘‘310. Joint partnerships for advanced vehicles, components, and infrastructure

program.’’.

11 SEC. 2017. CONFORMING AMENDMENTS.

12 (a) Sections 307, 321, and 326 of title 23, United

13 States Code, are repealed.

14 (b) The analysis for chapter 3 of title 23, United

15 States Code, is amended by striking the items relating to

16 sections 307, 321, and 326.

17 (c) Section 115(a)(1)(A)(i) of title 23, United States

18 Code, is amended by striking ‘‘or 307’’ and inserting ‘‘or

19 505’’.

20 (d) Section 151(d) of title 23, United States Code,

21 is amended by striking ‘‘section 307(a),’’ and inserting

22 ‘‘section 506,’’.

23 (e) Section 106 of Public Law 89–564 (23 U.S.C.

24 403 note) is amended in the third sentence by striking
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1 ‘‘sections 307 and 403 of title 23, United States Code,’’

2 and inserting ‘‘section 403 and chapter 5 of title 23, Unit3 ed States Code,’’.

4 Subtitle B—Intelligent

5 Transportation Systems

6 SEC. 2101. SHORT TITLE.

7 This subtitle may be cited as the ‘‘Intelligent Trans8 portation Systems Act of 1997’’.

9 SEC. 2102. FINDINGS.

10 Congress finds that—

11 (1) numerous studies conducted on behalf of

12 the Department of Transportation document that in13 vestment in intelligent transportation systems offers

14 substantial benefits in relationship to costs;

15 (2) as a result of the investment authorized by

16 the Intelligent Transportation Systems Act of 1991

17 (23 U.S.C. 307 note; 105 Stat. 2189), progress has

18 been made on each of the goals set forth for the na19 tional intelligent transportation system program in

20 section 6052(b) of that Act; and

21 (3) continued investment by the Department of

22 Transportation is needed to complete implementa23 tion of those goals.
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1 SEC. 2103. INTELLIGENT TRANSPORTATION SYSTEMS.

2 Chapter 5 of title 23, United States Code (as added

3 by section 2005), is amended by adding at the end the

4 following:

5 ‘‘SUBCHAPTER II—INTELLIGENT

6 TRANSPORTATION SYSTEMS

7 ‘‘§ 521. Purposes

8 ‘‘The purposes of this subchapter are—

9 ‘‘(1) to expedite deployment and integration of

10 basic intelligent transportation system services for

11 consumers of passenger and freight transportation

12 across the United States;

13 ‘‘(2) to encourage the use of intelligent trans14 portation systems to enhance international trade and

15 domestic economic productivity;

16 ‘‘(3) to encourage the use of intelligent trans17 portation systems to promote the achievement of na18 tional environmental and safety goals;

19 ‘‘(4) to continue research, development, testing,

20 and evaluation activities to continually expand the

21 state-of-the-art in intelligent transportation systems;

22 ‘‘(5) to provide financial and technical assist23 ance to State and local governments and metropoli24 tan planning organizations to ensure the integration

25 of interoperable, intermodal, and cost-effective intel26 ligent transportation systems;
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1 ‘‘(6) to foster regional cooperation, standards

2 implementation, and operations planning to maxi3 mize the benefits of integrated and coordinated intel4 ligent transportation systems;

5 ‘‘(7) to promote the consideration of intelligent

6 transportation systems in mainstream transportation

7 planning and investment decisionmaking by ensuring

8 that Federal and State transportation officials have

9 adequate, working knowledge of intelligent transpor10 tation system technologies and applications and by

11 ensuring comprehensive funding eligibility for the

12 technologies and applications;

13 ‘‘(8) to encourage intelligent transportation sys14 tem training for, and technology transfer to, State

15 and local agencies;

16 ‘‘(9) to promote the deployment of intelligent

17 transportation system services in rural America so

18 as to achieve safety benefits, promote tourism, and

19 improve quality of life;

20 ‘‘(10) to promote the innovative use of private

21 resources, such as through public-private partner22 ships or other uses of private sector investment, to

23 support the development and integration of intel24 ligent transportation systems throughout the United

25 States;
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1 ‘‘(11) to complete the Federal investment in the

2 Commercial Vehicle Information Systems and Net3 works by September 30, 2003; and

4 ‘‘(12) to facilitate intermodalism through de5 ployment of intelligent transportation systems, in6 cluding intelligent transportation system tech7 nologies for transit systems to improve safety, effi8 ciency, capacity, and utility for the public.

9 ‘‘§ 522. Definitions

10 ‘‘In this subchapter:

11 ‘‘(1) COMMERCIAL VEHICLE INFORMATION SYS12 TEMS AND NETWORKS.—The term ‘Commercial Ve13 hicle Information Systems and Networks’ means the

14 information systems and communications networks

15 that support commercial vehicle operations.

16 ‘‘(2) COMMERCIAL VEHICLE OPERATIONS.—The

17 term ‘commercial vehicle operations’—

18 ‘‘(A) means motor carrier operations and

19 motor vehicle regulatory activities associated

20 with the commercial movement of goods, includ21 ing hazardous materials, and passengers; and

22 ‘‘(B) with respect to the public sector, in23 cludes the issuance of operating credentials, the

24 administration of motor vehicle and fuel taxes,
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1 and roadside safety and border crossing inspec2 tion and regulatory compliance operations.

3 ‘‘(3) COMPLETED STANDARD.—The term ‘com4 pleted standard’ means a standard adopted and pub5 lished by the appropriate standards-setting organiza6 tion through a voluntary consensus standardmaking

7 process.

8 ‘‘(4) CORRIDOR.—The term ‘corridor’ means

9 any major transportation route that includes parallel

10 limited access highways, major arterials, or transit

11 lines.

12 ‘‘(5) INTELLIGENT TRANSPORTATION SYS13 TEM.—The term ‘intelligent transportation system’

14 means electronics, communications, or information

15 processing used singly or in combination to improve

16 the efficiency or safety of a surface transportation

17 system.

18 ‘‘(6) NATIONAL ARCHITECTURE.—The term

19 ‘national architecture’ means the common frame20 work for interoperability adopted by the Secretary

21 that defines—

22 ‘‘(A) the functions associated with intel23 ligent transportation system user services;

24 ‘‘(B) the physical entities or subsystems

25 within which the functions reside;
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1 ‘‘(C) the data interfaces and information

2 flows between physical subsystems; and

3 ‘‘(D) the communications requirements as4 sociated with the information flows.

5 ‘‘(7) PROVISIONAL STANDARD.—The term ‘pro6 visional standard’ means a provisional standard es7 tablished by the Secretary under section 528(c).

8 ‘‘(8) STANDARD.—The term ‘standard’ means a

9 document that—

10 ‘‘(A) contains technical specifications or

11 other precise criteria for intelligent transpor12 tation systems that are to be used consistently

13 as rules, guidelines, or definitions of character14 istics so as to ensure that materials, products,

15 processes, and services are fit for their pur16 poses; and

17 ‘‘(B) may support the national architecture

18 and promote—

19 ‘‘(i) the widespread use and adoption

20 of intelligent transportation system tech21 nology as a component of the surface

22 transportation systems of the United

23 States; and
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1 ‘‘(ii) interoperability among intelligent

2 transportation system technologies imple3 mented throughout the States.

4 ‘‘§ 523. Cooperation, consultation, and analysis

5 ‘‘(a) COOPERATION.—In carrying out this sub6 chapter, the Secretary shall—

7 ‘‘(1) foster enhanced operation and manage8 ment of the surface transportation systems of the

9 United States;

10 ‘‘(2) promote the widespread deployment of in11 telligent transportation systems; and

12 ‘‘(3) advance emerging technologies, in coopera13 tion with State and local governments and the pri14 vate sector.

15 ‘‘(b) CONSULTATION.—As appropriate, in carrying

16 out this subchapter, the Secretary shall—

17 ‘‘(1) consult with the heads of other interested

18 Federal departments and agencies; and

19 ‘‘(2) maximize the involvement of the United

20 States private sector, colleges and universities, and

21 State and local governments in all aspects of carry22 ing out this subchapter.

23 ‘‘(c) PROCUREMENT METHODS.—To meet the need

24 for effective implementation of intelligent transportation

25 system projects, the Secretary shall develop appropriate
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1 technical assistance and guidance to assist State and local

2 agencies in evaluating and selecting appropriate methods

3 of procurement for intelligent transportation system

4 projects, including innovative and nontraditional methods

5 of procurement.

6 ‘‘§ 524. Research, development, and training

7 ‘‘(a) IN GENERAL.—The Secretary shall carry out a

8 comprehensive program of intelligent transportation sys9 tem research, development, operational testing, technical

10 assistance and training, national architecture activities,

11 standards development and implementation, and other

12 similar activities that are necessary to carry out the pur13 poses of this subchapter.

14 ‘‘(b) INTELLIGENT VEHICLE AND INTELLIGENT IN15 FRASTRUCTURE PROGRAMS.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) PROGRAM.—The Secretary shall

18 carry out a program to conduct research, devel19 opment, and engineering designed to stimulate

20 and advance deployment of an integrated intel21 ligent vehicle program and an integrated intel22 ligent infrastructure program, consisting of—

23 ‘‘(i) projects such as crash avoidance,

24 automated highway systems, advanced ve25 hicle controls, and roadway safety and effi-
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1 ciency systems linked to intelligent vehi2 cles; and

3 ‘‘(ii) projects that improve mobility

4 and the quality of the environment, includ5 ing projects for traffic management, inci6 dent management, transit management,

7 toll collection, traveler information, and

8 traffic control systems.

9 ‘‘(B) CONSIDERATION OF VEHICLE AND

10 INFRASTRUCTURE ELEMENTS.—In carrying out

11 subparagraph (A), the Secretary may consider

12 systems that include both vehicle and infra13 structure elements and determine the most ap14 propriate mix of those elements.

15 ‘‘(2) NATIONAL ARCHITECTURE.—The program

16 carried out under paragraph (1) shall be consistent

17 with the national architecture.

18 ‘‘(3) PRIORITIES.—In carrying out paragraph

19 (1), the Secretary shall give higher priority to activi20 ties that—

21 ‘‘(A) assist motor vehicle drivers in avoid22 ing motor vehicle crashes;

23 ‘‘(B) assist in the development of an auto24 mated highway system; or
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1 ‘‘(C) improve the integration of air bag

2 technology with other on-board safety systems.

3 ‘‘(4) COST SHARING.—

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

5 subparagraph (B), the Federal share of the cost

6 of a research project carried out in cooperation

7 with a non-Federal entity under a program car8 ried out under paragraph (1) shall not exceed

9 80 percent.

10 ‘‘(B) INNOVATIVE OR HIGH-RISK RE11 SEARCH PROJECTS.—The Federal share of the

12 cost of an innovative or high-risk research

13 project described in subparagraph (A) may, at

14 the discretion of the Secretary, be 100 percent.

15 ‘‘(5) PLAN.—The Secretary shall—

16 ‘‘(A) not later than 1 year after the date

17 of enactment of this subchapter, submit to Con18 gress a 6-year plan specifying the goals, objec19 tives, and milestones to be achieved by each

20 program carried out under paragraph (1); and

21 ‘‘(B) report biennially to Congress on the

22 progress in meeting the goals, objectives, and

23 milestones.

24 ‘‘(c) EVALUATION.—

25 ‘‘(1) GUIDELINES AND REQUIREMENTS.—
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1 ‘‘(A) IN GENERAL.—The Secretary shall

2 establish guidelines and requirements for the

3 independent evaluation of field and related

4 operational tests, and, if necessary, deployment

5 projects, carried out under this subchapter.

6 ‘‘(B) REQUIRED PROVISIONS.—The guide7 lines and requirements established under sub8 paragraph (A) shall include provisions to ensure

9 the objectivity and independence of the evalua10 tor so as to avoid any real or apparent conflict

11 of interest or potential influence on the outcome

12 by parties to any such test or deployment

13 project or by any other formal evaluation car14 ried out under this subchapter.

15 ‘‘(2) FUNDING.—

16 ‘‘(A) SMALL PROJECTS.—In the case of a

17 test or project with a cost of less than

18 $5,000,000, the Secretary may allocate not

19 more than 15 percent of the funds made avail20 able to carry out the test or project for an eval21 uation of the test or project.

22 ‘‘(B) MODERATE PROJECTS.—In the case

23 of a test or project with a cost of $5,000,000

24 or more, but less than $10,000,000, the Sec25 retary may allocate not more than 10 percent
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1 of the funds made available to carry out the

2 test or project for an evaluation of the test or

3 project.

4 ‘‘(C) LARGE PROJECTS.—In the case of a

5 test or project with a cost of $10,000,000 or

6 more, the Secretary may allocate not more than

7 5 percent of the funds made available to carry

8 out the test or project for an evaluation of the

9 test or project.

10 ‘‘(3) INAPPLICABILITY OF PAPERWORK REDUC11 TION ACT.—Any survey, questionnaire, or interview

12 that the Secretary considers necessary to carry out

13 the evaluation of any test or program assessment ac14 tivity under this subchapter shall not be subject to

15 chapter 35 of title 44.

16 ‘‘(d) INFORMATION CLEARINGHOUSE.—

17 ‘‘(1) IN GENERAL.—The Secretary shall—

18 ‘‘(A) maintain a repository for technical

19 and safety data collected as a result of federally

20 sponsored projects carried out under this sub21 chapter; and

22 ‘‘(B) on request, make that information

23 (except for proprietary information and data)

24 readily available to all users of the repository at

25 an appropriate cost.
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1 ‘‘(2) DELEGATION OF AUTHORITY.—

2 ‘‘(A) IN GENERAL.—The Secretary may

3 delegate the responsibility of the Secretary

4 under this subsection, with continuing oversight

5 by the Secretary, to an appropriate entity not

6 within the Department of Transportation.

7 ‘‘(B) FEDERAL ASSISTANCE.—If the Sec8 retary delegates the responsibility, the entity to

9 which the responsibility is delegated shall be eli10 gible for Federal assistance under this section.

11 ‘‘(e) TRAFFIC INCIDENT MANAGEMENT AND RE12 SPONSE.—The Secretary shall carry out a program to ad13 vance traffic incident management and response tech14 nologies, strategies, and partnerships that are fully inte15 grated with intelligent transportation systems.

16 ‘‘(f) AUTHORIZATION OF CONTRACT AUTHORITY.—

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

18 from the Highway Trust Fund (other than the Mass

19 Transit Account) to carry out this section

20 $120,000,000 for fiscal year 1998, $125,000,000 for

21 fiscal year 1999, $130,000,000 for fiscal year 2000,

22 $135,000,000 for fiscal year 2001, $140,000,000 for

23 fiscal year 2002, and $150,000,000 for fiscal year

24 2003, of which, for each fiscal year—
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1 ‘‘(A) not less than $25,000,000 shall be

2 available for activities that assist motor vehicle

3 drivers in avoiding motor vehicle crashes, in4 cluding activities that improve the integration

5 of air bag technology with other on-board safety

6 systems;

7 ‘‘(B) not less than $25,000,000 shall be

8 available for activities that assist in the develop9 ment of an automated highway system; and

10 ‘‘(C) not less than $3,000,000 shall be

11 available for traffic incident management and

12 response.

13 ‘‘(2) CONTRACT AUTHORITY.—Funds author14 ized under this subsection shall be available for obli15 gation in the same manner as if the funds were ap16 portioned under chapter 1.

17 ‘‘§ 525. Intelligent transportation system integration

18 program

19 ‘‘(a) IN GENERAL.—The Secretary shall conduct a

20 comprehensive program (referred to in this section as the

21 ‘program’) to accelerate the integration and interoper22 ability of intelligent transportation systems.

23 ‘‘(b) SELECTION OF PROJECTS.—

24 ‘‘(1) IN GENERAL.—Under the program, the

25 Secretary shall select for funding, through competi-
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1 tive solicitation, projects that will serve as models to

2 improve transportation efficiency, promote safety, in3 crease traffic flow, reduce emissions of air pollut4 ants, improve traveler information, or enhance alter5 native transportation modes.

6 ‘‘(2) PRIORITIES.—Under the program, the

7 Secretary shall give higher priority to funding

8 projects that—

9 ‘‘(A) promote and foster integration strate10 gies and written agreements among local gov11 ernments, States, and other regional entities;

12 ‘‘(B) build on existing (as of the date of

13 project selection) intelligent transportation sys14 tem projects;

15 ‘‘(C) deploy integrated intelligent transpor16 tation system projects throughout metropolitan

17 areas;

18 ‘‘(D) deploy integrated intelligent transpor19 tation system projects that enhance safe freight

20 movement or coordinate intermodal travel, in21 cluding intermodal travel at ports of entry into

22 the United States; and

23 ‘‘(E) advance intelligent transportation

24 system deployment projects that are consistent

25 with the national architecture and, as appro-
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1 priate, comply with required standards as de2 scribed in section 528.

3 ‘‘(c) PRIVATE SECTOR INVOLVEMENT.—In carrying

4 out the program, the Secretary shall encourage private

5 sector 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

9 condition of receipt of funds under the program, a recipi10 ent participating in a project shall submit to the Secretary

11 a multiyear financing and operations plan that describes

12 how the project can be cost-effectively operated and main13 tained.

14 ‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—

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

16 from the Highway Trust Fund (other than the Mass

17 Transit Account) to carry out this section

18 $100,000,000 for fiscal year 1998, $110,000,000 for

19 fiscal year 1999, $115,000,000 for fiscal year 2000,

20 $130,000,000 for fiscal year 2001, $135,000,000 for

21 fiscal year 2002, and $145,000,000 for fiscal year

22 2003.

23 ‘‘(2) CONTRACT AUTHORITY.—Funds author24 ized under this subsection shall be available for obli25 gation in the same manner as if the funds were ap-
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1 portioned under chapter 1, except that, in the case

2 of a project funded under paragraph (1)—

3 ‘‘(A) the Federal share of the cost of the

4 project payable from funds made available

5 under paragraph (1) shall not exceed 50 per6 cent; and

7 ‘‘(B) the total Federal share of the cost of

8 the project payable from all eligible sources (in9 cluding paragraph (1)) shall not exceed 80 per10 cent.

11 ‘‘§ 526. Integration program for rural areas

12 ‘‘(a) IN GENERAL.—The Secretary shall conduct a

13 comprehensive program (referred to in this section as the

14 ‘program’) to accelerate the integration or deployment of

15 intelligent transportation systems in rural areas.

16 ‘‘(b) SELECTION OF PROJECTS.—Under the pro17 gram, the Secretary shall—

18 ‘‘(1) select projects through competitive solicita19 tion; and

20 ‘‘(2) give higher priority to funding projects

21 that—

22 ‘‘(A) promote and foster integration strate23 gies and agreements among local governments,

24 States, and other regional entities;
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1 ‘‘(B) deploy integrated intelligent transpor2 tation system projects that improve mobility,

3 enhance the safety of the movement of pas4 senger vehicles and freight, or promote tourism;

5 or

6 ‘‘(C) advance intelligent transportation

7 system deployment projects that are consistent

8 with the national architecture and comply with

9 required standards as described in section 528.

10 ‘‘(c) PRIVATE SECTOR INVOLVEMENT.—In carrying

11 out the program, the Secretary shall encourage private

12 sector involvement and financial commitment, to the maxi13 mum extent practicable, through innovative financial ar14 rangements, especially public-private partnerships.

15 ‘‘(d) FINANCING AND OPERATIONS PLANS.—As a

16 condition of receipt of funds under the program, a recipi17 ent participating in a project shall submit to the Secretary

18 a multiyear financing and operations plan that describes

19 how the project can be cost-effectively operated and main20 tained

21 ‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—

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

23 from the Highway Trust Fund (other than the Mass

24 Transit Account) to carry out this section

25 $10,000,000 for fiscal year 1998, $10,000,000 for
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1 fiscal year 1999, $15,000,000 for fiscal year 2000,

2 $15,000,000 for fiscal year 2001, $20,000,000 for

3 fiscal year 2002, and $20,000,000 for fiscal year

4 2003.

5 ‘‘(2) CONTRACT AUTHORITY.—Funds author6 ized under this subsection shall be available for obli7 gation in the same manner as if the funds were ap8 portioned under chapter 1, except that, in the case

9 of a project funded under paragraph (1)—

10 ‘‘(A) the Federal share of the cost of the

11 project payable from funds made available

12 under paragraph (1) shall not exceed 50 per13 cent; and

14 ‘‘(B) the total Federal share of the cost of

15 the project payable from all eligible sources (in16 cluding paragraph (1)) shall not exceed 80 per17 cent.

18 ‘‘§ 527. Commercial vehicle intelligent transportation

19 system infrastructure

20 ‘‘(a) IN GENERAL.—The Secretary shall carry out a

21 comprehensive program—

22 ‘‘(1) to deploy intelligent transportation systems

23 that will promote the safety and productivity of com24 mercial vehicles and drivers; and
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1 ‘‘(2) to reduce costs associated with commercial

2 vehicle operations and State and Federal commercial

3 vehicle regulatory requirements.

4 ‘‘(b) ELEMENTS OF PROGRAM.—

5 ‘‘(1) SAFETY INFORMATION SYSTEMS AND NET6 WORKS.—

7 ‘‘(A) IN GENERAL.—The program shall ad8 vance the technological capability and promote

9 the deployment of commercial vehicle, commer10 cial driver, and carrier-specific safety informa11 tion systems and networks and other intelligent

12 transportation system technologies used to as13 sist States in identifying high-risk commercial

14 operations and in conducting other innovative

15 safety strategies, including the Commercial Ve16 hicle Information Systems and Networks.

17 ‘‘(B) FOCUS OF PROJECTS.—Projects as18 sisted under the program shall focus on—

19 ‘‘(i) identifying and eliminating unsafe

20 and illegal carriers, vehicles, and drivers in

21 a manner that does not unduly hinder the

22 productivity and efficiency of safe and

23 legal commercial operations;
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1 ‘‘(ii) enhancing the safe passage of

2 commercial vehicles across the United

3 States and across international borders;

4 ‘‘(iii) reducing the numbers of viola5 tions of out-of-service orders; and

6 ‘‘(iv) complying with directives to ad7 dress other safety violations.

8 ‘‘(2) MONITORING SYSTEMS.—The program

9 shall advance on-board driver and vehicle safety

10 monitoring systems, including fitness-for-duty,

11 brake, and other operational monitoring tech12 nologies, that will facilitate commercial vehicle safe13 ty, including inspection by motor carrier safety as14 sistance program officers and employees under chap15 ter 311 of title 49.

16 ‘‘(c) USE OF FEDERAL FUNDS.—

17 ‘‘(1) IN GENERAL.—Federal funds used to

18 carry out the program shall be primarily used to im19 prove—

20 ‘‘(A) commercial vehicle safety and the ef21 fectiveness and efficiency of enforcement efforts

22 conducted under the motor carrier safety assist23 ance program under chapter 311 of title 49;
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1 ‘‘(B) electronic processing of registration,

2 driver licensing, fuel tax, and other safety infor3 mation; and

4 ‘‘(C) communication of the information de5 scribed in subparagraph (B) to other States.

6 ‘‘(2) LEVERAGING.—Federal funds used to

7 carry out the program shall, to the maximum extent

8 practicable—

9 ‘‘(A) be leveraged with non-Federal funds;

10 and

11 ‘‘(B) be used for activities not carried out

12 through the use of private funds.

13 ‘‘(d) FEDERAL SHARE.—The Federal share of the

14 cost of a project assisted under the program shall be not

15 more than 80 percent.

16 ‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—

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

18 from the Highway Trust Fund (other than the Mass

19 Transit Account) to carry out this section

20 $25,000,000 for fiscal year 1998, $25,000,000 for

21 fiscal year 1999, $25,000,000 for fiscal year 2000,

22 $35,000,000 for fiscal year 2001, $35,000,000 for

23 fiscal year 2002, and $40,000,000 for fiscal year

24 2003.
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1 ‘‘(2) CONTRACT AUTHORITY.—Funds author2 ized under this subsection shall be available for obli3 gation in the same manner as if the funds were ap4 portioned under chapter 1, except that, in the case

5 of a project funded under paragraph (1)—

6 ‘‘(A) the Federal share of the cost of the

7 project payable from funds made available

8 under paragraph (1) shall not exceed 50 per9 cent; and

10 ‘‘(B) the total Federal share of the cost of

11 the project payable from all eligible sources (in12 cluding paragraph (1)) shall not exceed 80 per13 cent.

14 ‘‘§ 528. Standards

15 ‘‘(a) IN GENERAL.—

16 ‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND

17 MAINTENANCE.—The Secretary shall develop, imple18 ment, and maintain a national architecture and sup19 porting standards to promote the widespread use

20 and evaluation of intelligent transportation system

21 technology as a component of the surface transpor22 tation systems of the United States.

23 ‘‘(2) INTEROPERABILITY AND EFFICIENCY.—To

24 the maximum extent practicable, the standards shall

25 promote interoperability among, and efficiency of,
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1 intelligent transportation system technologies imple2 mented throughout the States.

3 ‘‘(3) USE OF STANDARDS-SETTING ORGANIZA4 TIONS.—In carrying out this section, the Secretary

5 may use the services of such standards-setting orga6 nizations as the Secretary determines appropriate.

7 ‘‘(b) REPORT.—

8 ‘‘(1) IN GENERAL.—Not later than January 1,

9 1999, the Secretary shall submit a report describing

10 the status of all standards.

11 ‘‘(2) CONTENTS.—The report shall—

12 ‘‘(A) identify each standard that is needed

13 for operation of intelligent transportation sys14 tems in the United States;

15 ‘‘(B) specify the status of the development

16 of each standard;

17 ‘‘(C) provide a timetable for achieving

18 agreement on each standard as described in this

19 section; and

20 ‘‘(D) determine which standards are criti21 cal to ensuring national interoperability or criti22 cal to the development of other standards.

23 ‘‘(c) ESTABLISHMENT OF PROVISIONAL STAND24 ARDS.—
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1 ‘‘(1) ESTABLISHMENT.—Subject to subsection

2 (d), if a standard determined to be critical under

3 subsection (b)(2)(D) is not adopted and published by

4 the appropriate standards-setting organization by

5 January 1, 2001, the Secretary shall establish a pro6 visional standard after consultation with affected

7 parties.

8 ‘‘(2) PERIOD OF EFFECTIVENESS.—The provi9 sional standard shall—

10 ‘‘(A) be published in the Federal Register;

11 ‘‘(B) take effect not later than May 1,

12 2001; and

13 ‘‘(C) remain in effect until the appropriate

14 standards-setting organization adopts and pub15 lishes a standard.

16 ‘‘(d) WAIVER OF REQUIREMENT TO ESTABLISH PRO17 VISIONAL STANDARDS.—

18 ‘‘(1) NOTICE.—The Secretary may waive the

19 requirement to establish a provisional standard by

20 submitting, not later than January 1, 2001, to the

21 Committee on Environment and Public Works of the

22 Senate and the Committee on Transportation and

23 Infrastructure of the House of Representatives, a

24 notice that—
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1 ‘‘(A) specifies the provisional standard sub2 ject to the waiver;

3 ‘‘(B) describes the history of the develop4 ment of the standard subject to the waiver;

5 ‘‘(C) specifies the reasons why the require6 ment for the establishment of the provisional

7 standard is being waived;

8 ‘‘(D) describes the impacts of delaying the

9 establishment of the standard subject to the

10 waiver, especially the impacts on the purposes

11 of this subchapter; and

12 ‘‘(E) provides specific estimates as to when

13 the standard subject to the waiver is expected

14 to be adopted and published by the appropriate

15 standards-setting organization.

16 ‘‘(2) PROGRESS REPORTS.—

17 ‘‘(A) IN GENERAL.—In the case of each

18 standard subject to a waiver by the Secretary

19 under paragraph (1), the Secretary shall sub20 mit, in accordance with the schedule specified

21 in subparagraph (B), a report to the Committee

22 on Environment and Public Works of the Sen23 ate and the Committee on Transportation and

24 Infrastructure of the House of Representatives
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1 on the progress of the adoption of a completed

2 standard.

3 ‘‘(B) SCHEDULE OF REPORTS.—The Sec4 retary shall submit a report under subpara5 graph (A) with respect to a standard—

6 ‘‘(i) not later than 180 days after the

7 date of submission of the notice under

8 paragraph (1) with respect to the stand9 ard; and

10 ‘‘(ii) at the end of each 180-day pe11 riod thereafter until such time as a stand12 ard has been adopted and published by the

13 appropriate standards-setting organization

14 or the waiver is withdrawn under para15 graph (3).

16 ‘‘(C) CONSULTATION.—In developing each

17 progress report under subparagraph (A), the

18 Secretary shall consult with the standards-set19 ting organizations involved in the

20 standardmaking process for the standard.

21 ‘‘(3) WITHDRAWAL OF WAIVER.—

22 ‘‘(A) IN GENERAL.—At any time, the Sec23 retary may, through notification to the Commit24 tee on Environment and Public Works of the

25 Senate and the Committee on Transportation
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1 and Infrastructure of the House of Representa2 tives, withdraw a notice of a waiver of the re3 quirement to establish a provisional standard.

4 ‘‘(B) IMPLEMENTATION.—If the Secretary

5 submits notification under subparagraph (A)

6 with respect to a provisional standard, not less

7 than 30 days, but not more than 90 days, after

8 the date of the notification, the Secretary shall

9 implement the provisional standard, unless, by

10 the end of the 90-day period beginning on the

11 date of the notification, a standard has been

12 adopted and published by the appropriate

13 standards-setting organization.

14 ‘‘(e) REQUIREMENT FOR COMPLIANCE WITH STAND15 ARD.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) STANDARD IN EXISTENCE.—Funds

18 made available from the Highway Trust Fund

19 shall not be used to deploy an intelligent trans20 portation system technology if the technology

21 does not comply with each applicable provi22 sional standard or completed standard.

23 ‘‘(B) NO STANDARD IN EXISTENCE.—In

24 the absence of a provisional standard or com25 pleted standard, Federal funds shall not be
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1 used to deploy an intelligent transportation sys2 tem technology if the deployment is not consist3 ent with the interfaces to ensure interoper4 ability that are contained in the national archi5 tecture.

6 ‘‘(2) APPLICABILITY.—Paragraph (1) shall not

7 apply to—

8 ‘‘(A) the operation or maintenance of an

9 intelligent transportation system in existence on

10 the date of enactment of this subchapter; or

11 ‘‘(B) the upgrade or expansion of an intel12 ligent transportation system in existence on the

13 date of enactment of this subchapter if the Sec14 retary determines that the upgrade or expan15 sion—

16 ‘‘(i) does not adversely affect the pur17 poses of this subchapter, especially the

18 goal of national or regional interoper19 ability;

20 ‘‘(ii) is carried out before the end of

21 the useful life of the system; and

22 ‘‘(iii) is cost effective as compared to

23 alternatives that meet the compliance re24 quirement of paragraph (1)(A) or the con25 sistency requirement of paragraph (1)(B).
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1 ‘‘(f) SPECTRUM.—

2 ‘‘(1) CONSULTATION.—The Secretary shall con3 sult with the Secretary of Commerce, the Secretary

4 of Defense, and the Chairman of the Federal Com5 munications Commission to determine the best

6 means for securing the necessary spectrum for the

7 near-term establishment of a dedicated short-range

8 vehicle-to-wayside wireless standard and any other

9 spectrum that the Secretary determines to be critical

10 to the implementation of this title.

11 ‘‘(2) PROGRESS REPORT.—After consultation

12 under paragraph (1) and with other affected agen13 cies, but not later than 1 year after the date of en14 actment of this subchapter, the Secretary shall sub15 mit a report to Congress on the progress made in

16 securing the spectrum described in paragraph (1).

17 ‘‘(3) DEADLINE FOR SECURING SPECTRUM.—

18 Notwithstanding any other provision of law, not

19 later than 2 years after the date of enactment of

20 this subchapter, the Secretary of Commerce shall re21 lease to the Federal Communications Commission,

22 and the Federal Communications Commission shall

23 allocate, the spectrum described in paragraph (1).

24 ‘‘(g) FUNDING.—The Secretary shall use funds made

25 available under section 524 to carry out this section.
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1 ‘‘§ 529. Funding limitations

2 ‘‘(a) CONSISTENCY WITH NATIONAL ARCHITEC3 TURE.—The Secretary shall use funds made available

4 under this subchapter to deploy intelligent transportation

5 system technologies that are consistent with the national

6 architecture.

7 ‘‘(b) COMPETITION WITH PRIVATELY FUNDED

8 PROJECTS.—To the maximum extent practicable, the Sec9 retary shall not fund any intelligent transportation system

10 operational test or deployment project that competes with

11 a similar privately funded project.

12 ‘‘(c) INFRASTRUCTURE DEVELOPMENT.—Funds

13 made available under this subchapter for operational tests

14 and deployment projects—

15 ‘‘(1) shall be used primarily for the development

16 of intelligent transportation system infrastructure;

17 and

18 ‘‘(2) to the maximum extent practicable, shall

19 not be used for the construction of physical highway

20 and transit infrastructure unless the construction is

21 incidental and critically necessary to the implemen22 tation of an intelligent transportation system

23 project.

24 ‘‘(d) PUBLIC RELATIONS AND TRAINING.—For each

25 fiscal year, not more than $15,000,000 of the funds made

26 available under this subchapter shall be used for intel-
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1 ligent transportation system outreach, public relations,

2 training, mainstreaming, shareholder relations, or related

3 activities.

4 ‘‘§ 530. Advisory committees

5 ‘‘(a) IN GENERAL.—In carrying out this subchapter,

6 the Secretary shall use 1 or more advisory committees.

7 ‘‘(b) APPLICABILITY OF FEDERAL ADVISORY COM8 MITTEE ACT.—Any advisory committee so used shall be

9 subject to the Federal Advisory Committee Act (5 U.S.C.

10 App.).’’.

11 SEC. 2104. CONFORMING AMENDMENT.

12 The Intermodal Surface Transportation Efficiency

13 Act of 1991 is amended by striking part B of title VI (23

14 U.S.C. 307 note; 105 Stat. 2189).

15 Subtitle C—Funding

16 SEC. 2201. FUNDING.

17 Chapter 5 of title 23, United States Code (as amend18 ed by section 2103), is amended by adding at the end the

19 following:

20 ‘‘SUBCHAPTER III—FUNDING

21 ‘‘§ 541. Funding

22 ‘‘(a) RESEARCH, TECHNOLOGY, AND TRAINING.—

23 There shall be available from the Highway Trust Fund

24 (other than the Mass Transit Account) to carry out sec25 tions 502, 507, 509, and 511 $98,000,000 for fiscal year
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1 1998, $101,000,000 for fiscal year 1999, $104,000,000

2 for fiscal year 2000, $107,000,000 for fiscal year 2001,

3 $110,000,000 for fiscal year 2002, and $114,000,000 for

4 fiscal year 2003.

5 ‘‘(b) CONTRACT AUTHORITY.—Funds authorized

6 under this section shall be available for obligation in the

7 same manner as if the funds were apportioned under chap8 ter 1, except that—

9 ‘‘(1) any Federal share of the cost of an activity

10 under this chapter shall be determined in accordance

11 with this chapter; and

12 ‘‘(2) the funds shall remain available for obliga13 tion for a period of 4 years after the last day of the

14 fiscal year for which the funds are authorized.

15 ‘‘(c) LIMITATIONS ON OBLIGATIONS.—Notwithstand16 ing any other provision of law, the total amount of all obli17 gations under subsection (a) shall not exceed—

18 ‘‘(1) $98,000,000 for fiscal year 1998;

19 ‘‘(2) $101,000,000 for fiscal year 1999;

20 ‘‘(3) $104,000,000 for fiscal year 2000;

21 ‘‘(4) $107,000,000 for fiscal year 2001;

22 ‘‘(5) $110,000,000 for fiscal year 2002; and

23 ‘‘(6) $114,000,000 for fiscal year 2003.’’.

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