Calendar No. 201

105TH CONGRESS

1ST SESSION S. 1271

[Report No. 105–103]

A BILL

To reauthorize the mass transit programs of the

Federal Government, and for other purposes.

OCTOBER 8, 1997

Read twice and placed on the calendar
II

Calendar No. 201

105TH CONGRESS

1ST SESSION S. 1271

[Report No. 105–103]

To reauthorize the mass transit programs of the Federal Government, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 8, 1997

Mr. D’AMATO, from the Committee on Banking, Housing, and Urban Affairs,

reported the following original bill; which was read twice and placed on

the calendar

A BILL

To reauthorize the mass transit programs of the Federal

Government, 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 ‘‘Federal Transit Act of 1997’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.
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Sec. 2. Authorizations.

Sec. 3. Capital projects and small area flexibility.

Sec. 4. Metropolitan planning.

Sec. 5. Metropolitan planning organizations.

Sec. 6. Fare box revenues.

Sec. 7. Clean fuels formula grant program.

Sec. 8. Capital investment grants and loans.

Sec. 9. Transit supportive land use.

Sec. 10. New starts.

Sec. 11. Joint partnership for deployment of innovation.

Sec. 12. Workplace safety.

Sec. 13. University transportation centers.

Sec. 14. Job access grants.

Sec. 15. Grant requirements.

Sec. 16. HHS and public transit service.

Sec. 17. Proceeds from the sale of transit assets.

Sec. 18. Operating assistance for small transit authorities in large urbanized

areas.

Sec. 19. Apportionment of appropriations for fixed guideway modernization.

Sec. 20. Urbanized area formula study.

1 SEC. 2. AUTHORIZATIONS.

2 (a) IN GENERAL.—Section 5338 of title 49, United

3 States Code, is amended to read as follows:

4 ‘‘§ 5338. Authorizations

5 ‘‘(a) SECTIONS 5303–5308, 5310, 5311, 5313, 5314,

6 5317, 5320, 5320a, 5327, AND 5334 (a) AND (c).—

7 ‘‘(1) MASS TRANSIT ACCOUNT AMOUNTS.—Not

8 more than the following amounts are available to the

9 Secretary from the Account to carry out sections

10 5303 through 5308, 5310, 5311, 5313, 5314, 5317,

11 5320, 5320a, 5327, and subsections (a) and (c) of

12 section 5334:

13 ‘‘(A) $2,698,790,000 for fiscal year 1998.

14 ‘‘(B) $2,773,934,000 for fiscal year 1999.

15 ‘‘(C) $2,849,079,000 for fiscal year 2000.

16 ‘‘(D) $2,925,965,000 for fiscal year 2001.
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1 ‘‘(E) $3,004,667,000 for fiscal year 2002.

2 ‘‘(F) $3,085,725,000 for fiscal year 2003.

3 ‘‘(2) OTHER AMOUNTS.—In addition to

4 amounts made available under paragraph (1), not

5 more than the following amounts may be appro6 priated to the Secretary to carry out section 5303

7 through 5308, 5310, 5311, 5313, 5314, 5317, 5320,

8 5320a, 5327, and subsections (a) and (c) of section

9 5334:

10 ‘‘(A) $738,000,000 for fiscal year 1998.

11 ‘‘(B) $756,000,000 for fiscal year 1999.

12 ‘‘(C) $774,000,000 for fiscal year 2000.

13 ‘‘(D) $793,000,000 for fiscal year 2001.

14 ‘‘(E) $812,000,000 for fiscal year 2002.

15 ‘‘(F) $832,000,000 for fiscal year 2003.

16 ‘‘(b) SECTION 5309.—Not more than the following

17 amounts are available to the Secretary from the Account

18 to carry out section 5309:

19 ‘‘(1) $2,221,210,000 for fiscal year 1998.

20 ‘‘(2) $2,278,770,000 for fiscal year 1999.

21 ‘‘(3) $2,340,501,000 for fiscal year 2000.

22 ‘‘(4) $2,403,661,000 for fiscal year 2001.

23 ‘‘(5) $2,468,315,000 for fiscal year 2002.

24 ‘‘(6) $2,534,904,000 for fiscal year 2003.

25 ‘‘(c) SECTION 5315.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall make

2 available in equal amounts from amounts provided

3 under paragraphs (3) and (4) of subsection (g) of

4 this section, not more than $4,000,000 for each of

5 fiscal years 1998 through 2003, to carry out section

6 5315.

7 ‘‘(2) WORKPLACE SAFETY.—Not more than

8 $1,000,000 shall be appropriated to the Secretary

9 for each of fiscal years 1998 through 2003, to carry

10 out section 5315(a)(15).

11 ‘‘(d) SECTION 5316.—Not more than the following

12 amounts may be appropriated to the Secretary from the

13 Fund (other than from the Account) for each of fiscal

14 years 1998 through 2003:

15 ‘‘(1) $250,000 to carry out section 5316(a).

16 ‘‘(2) $3,000,000 to carry out section 5316(b).

17 ‘‘(3) $1,000,000 to carry out section 5316(c).

18 ‘‘(4) $1,000,000 to carry out section 5316(d).

19 ‘‘(5) $1,000,000 to carry out section 5316(e).

20 ‘‘(e) SECTION 5317.—Not more than $6,000,000 is

21 available to the Secretary from the Fund (other than from

22 the Account) for each of fiscal years 1998 through 2003,

23 to carry out section 5317.

24 ‘‘(f) SECTION 5307.—Amounts remaining available

25 for each fiscal year under subsection (a) of this section,
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1 after allocation under subsections (g), (h), and (i)(2) of

2 this section, are available to carry out section 5307.

3 ‘‘(g) PLANNING, PROGRAMMING, AND RESEARCH.—

4 In each fiscal year, before apportioning amounts made

5 available or appropriated under subsection (a) of this sec6 tion, an amount equal to 3 percent of amounts made avail7 able or appropriated under subsections (a) and (b), less

8 the amounts authorized for purposes of section 5320a, of

9 this section is available as follows:

10 ‘‘(1) 45 percent for metropolitan planning ac11 tivities under section 5303(g).

12 ‘‘(2) 5 percent to carry out section 5311(b)(2).

13 ‘‘(3) 20 percent to carry out State programs

14 under section 5313.

15 ‘‘(4) 30 percent to carry out the national pro16 gram under section 5314.

17 ‘‘(h) OTHER SET-ASIDES.—In each fiscal year, be18 fore apportioning amounts made available or appropriated

19 under subsection (a) of this section, of amounts made

20 available or appropriated under subsections (a) and (b),

21 less the amounts authorized for purposes of section 5320a,

22 of this section—

23 ‘‘(1) not more than 0.96 percent is available for

24 administrative expenses to carry out subsections (a)

25 and (c) through (f) of section 5334;
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1 ‘‘(2) not more than 1.34 percent is available for

2 transportation services to elderly individuals and in3 dividuals with disabilities under the formula under

4 section 5310(a); and

5 ‘‘(3) $6,000,000 is available to carry out sec6 tion 5317 for each of fiscal years 1998 through

7 2003.

8 ‘‘(i) LIMITATIONS.—Of amounts made available—

9 ‘‘(1) under subsection (a)(2), less the amounts

10 authorized for purposes of section 5320a, of this sec11 tion—

12 ‘‘(A) 3.5 percent may be used to finance

13 programs and activities, including administra14 tive costs, under section 5310;

15 ‘‘(B) to finance research, development, and

16 demonstration projects under section 5312(a),

17 1.5 percent may be used to increase the infor18 mation and technology available to provide im19 proved mass transportation service and facilities

20 planned and designed to meet the special needs

21 of elderly individuals and individuals with dis22 abilities; and

23 ‘‘(C) not more than 12.5 percent may be

24 used for grants to any 1 State under section

25 5312(c)(2);
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1 ‘‘(2) under subsection (a) of this section, less

2 the amounts authorized for purposes of section

3 5320a, 5.5 percent of the amount remaining avail4 able each year, after allocation under subsections (g)

5 and (h) of this section, is available under the for6 mula under section 5311; and

7 ‘‘(3) under section 5309(m)(1)(C), the lesser of

8 $3,000,000 or an amount that the Secretary deter9 mines is necessary for each fiscal year is available to

10 carry out section 5318 for each of fiscal years 1998

11 through 2003.

12 ‘‘(j) GRANTS AS CONTRACTUAL OBLIGATIONS.—

13 ‘‘(1) FEDERAL OBLIGATIONS.—A grant or con14 tract approved by the Secretary that is financed with

15 amounts made available under subsection (a)(1), (b),

16 (c), (d), or (e) of this section, is a contractual obli17 gation of the United States Government to pay the

18 Government’s share of the cost of the project.

19 ‘‘(2) APPROPRIATIONS LIMITATION.—A grant

20 or contract approved by the Secretary that is fi21 nanced with amounts made available under sub22 section (a)(2) of this section, is a contractual obliga23 tion of the United States Government to pay the

24 Government’s share of the cost of the project, only
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1 to the extent that amounts are provided in advance

2 in an appropriations Act.

3 ‘‘(k) EARLY APPROPRIATIONS AND AVAILABILITY OF

4 AMOUNTS.—

5 ‘‘(1) EARLY APPROPRIATION.—Amounts appro6 priated under subsection (a)(2) of this section to

7 carry out section 5311 may be appropriated in the

8 fiscal year before the fiscal year in which the appro9 priation is available for obligation.

10 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts

11 made available or appropriated under subsections

12 (a), (b), and (g), paragraphs (1) and (2) of sub13 section (h), and subsection (i)(2) of this section shall

14 remain available until expended.

15 ‘‘(l) SECTION 5308.—In each fiscal year, before ap16 portioning or allocating amounts made available or appro17 priated under subsections (a) and (b), of amounts made

18 available or appropriated under subsections (a) or (b) of

19 this section, not more than $200,000,000 is available to

20 carry out section 5308, with $100,000,000 made available

21 from amounts made available from amounts provided

22 under subsection (a)(2) of this section and $100,000,000

23 made available from amounts provided under subsection

24 (b) of this section.
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1 ‘‘(m) SECTION 5320a.—In each fiscal year, before

2 apportioning amounts made available or appropriated

3 under subsection (a), of amounts appropriated under sub4 section (a)(2) of this section, not more than $100,000,000

5 is available to carry out section 5320a.

6 ‘‘(n) DEFINITIONS.—In this section—

7 ‘‘(1) the term ‘Account’ means the Mass Tran8 sit Account of the Highway Trust Fund;

9 ‘‘(2) the term ‘Fund’ means the Highway Trust

10 Fund established under section 9503 of the Internal

11 Revenue Code of 1986; and

12 ‘‘(3) the term ‘Secretary’ means the Secretary

13 of Transportation.’’.

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

15 Chapter 53 of title 49, United States Code, is amended—

16 (1) in section 5318(d), by striking ‘‘5338(j)(5)’’

17 and inserting ‘‘5338(i)(3)’’; and

18 (2) in section 5333(b)(1), by striking

19 ‘‘5338(j)(5)’’ each place that term appears and in20 serting ‘‘5338(i)(3)’’.

21 SEC. 3. CAPITAL PROJECTS AND SMALL AREA FLEXIBILITY.

22 (a) IN GENERAL.—Section 5302 of title 49, United

23 States Code, is amended—

24 (1) in subsection (a)(1)—
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1 (A) in subparagraph (A), by inserting ‘‘in2 telligent transportation systems,’’ after ‘‘rights

3 agreements,’’;

4 (B) in subparagraph (C), by striking ‘‘or’’

5 at the end;

6 (C) in subparagraph (D), by striking the

7 period at the end and inserting a semicolon;

8 and

9 (D) by adding at the end the following:

10 ‘‘(E) preventive maintenance;

11 ‘‘(F) the leasing of equipment and facilities

12 for use in mass transportation;

13 ‘‘(G) the introduction of new technology,

14 through innovative and improved products, into

15 mass transportation; or

16 ‘‘(H) a mass transportation improvement

17 that enhances economic development or incor18 porates private investment, including commer19 cial and residential development, pedestrian and

20 bicycle access to a mass transportation facility,

21 and the renovation and improvement of historic

22 transportation facilities, because the improve23 ment—

24 ‘‘(i) enhances the effectiveness of a

25 mass transportation project and is related
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1 physically or functionally to that mass

2 transportation project or establishes new

3 or enhanced coordination between mass

4 transportation and other transportation;

5 and

6 ‘‘(ii) provides a fair share of revenue

7 for mass transportation that will be used

8 for mass transportation;’’; and

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

10 ‘‘(c) ELIGIBLE COSTS OF PROJECTS THAT ENHANCE

11 URBAN ECONOMIC DEVELOPMENT OR INCORPORATE PRI12 VATE INVESTMENT.—Eligible costs for a capital project

13 described in subsection (a)(1)(H)—

14 ‘‘(1) include property acquisition, demolition of

15 existing structures, site preparation, utilities, build16 ing foundations, walkways, open space, safety ele17 ments (such as lighting, surveillance, and community

18 police and security services) that protect a transit

19 project eligible under this chapter, and a capital

20 project for, and improving, equipment or a facility

21 for an intermodal transfer facility or transportation

22 mall; and

23 ‘‘(2) do not include construction of a commer24 cial revenue-producing facility or a part of a public

25 facility not related to mass transportation, except
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1 that, if such facilities incorporate community serv2 ices such as daycare, health care, and public safety,

3 the portion of the facilities related to such commu4 nity services are eligible costs under this chapter.’’.

5 (b) SMALL AREA FLEXIBILITY.—Section 5307(b)(1)

6 of title 49, United States Code, is amended by adding at

7 the end the following: ‘‘The Secretary may also make

8 grants under this section to finance the operating cost of

9 equipment and facilities for use in mass transportation in

10 an urbanized area with a population of less than

11 200,000.’’.

12 (c) DISCRETIONARY GRANTS AND LOANS.—Section

13 5309 of title 49, United States Code, is amended—

14 (1) in subsection (a)(1)—

15 (A) by striking subparagraphs (D) and

16 (E); and

17 (B) by redesignating subparagraphs (F)

18 and (G) as subparagraphs (D) and (E), respec19 tively; and

20 (2) in subsection (f)—

21 (A) by striking ‘‘(f)’’ and all that follows

22 through ‘‘(1) Each’’ and inserting the following:

23 ‘‘(f) REQUIRED PAYMENTS.—Each’’; and

24 (B) by striking paragraph (2).
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1 SEC. 4. METROPOLITAN PLANNING.

2 (a) IN GENERAL.—

3 (1) SECTION 5303.—Section 5303 of title 49,

4 United States Code, is amended—

5 (A) by striking subsections (a) and (b) and

6 inserting the following:

7 ‘‘(a) DEVELOPMENT REQUIREMENTS.—

8 ‘‘(1) IN GENERAL.—To carry out section

9 5301(a), metropolitan planning organizations des10 ignated under subsection (c) of this section, in co11 operation with the States and mass transportation

12 operators, shall develop transportation plans and

13 programs for urbanized areas of the State.

14 ‘‘(2) PLAN CONTENTS.—The plans and pro15 grams developed under paragraph (1) for each met16 ropolitan area shall provide for the development and

17 integrated management and operation of transpor18 tation systems and facilities (including pedestrian

19 walkways and bicycle transportation facilities) that

20 will function as an intermodal transportation system

21 for the metropolitan area and as an integral part of

22 an intermodal transportation system for the State

23 and the United States.

24 ‘‘(3) DEVELOPMENT PROCESS.—The develop25 ment process for the plans and programs shall pro26 vide for consideration of all modes of transportation
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1 and shall be continuing, cooperative, and comprehen2 sive to the degree appropriate, based on the com3 plexity of the transportation problems to be ad4 dressed.

5 ‘‘(b) SCOPE OF PLANNING PROCESS.—

6 ‘‘(1) IN GENERAL.—The metropolitan transpor7 tation planning process for a metropolitan area

8 under this section and sections 5304 through 5306

9 shall provide for consideration of—

10 ‘‘(A) supporting the economic vitality of

11 the metropolitan area, especially by enabling

12 global competitiveness, productivity, and

13 efficiency;

14 ‘‘(B) increasing the safety and security of

15 the transportation system for motorized and

16 nonmotorized users;

17 ‘‘(C) increasing the accessibility and mobil18 ity options available to people and for freight;

19 ‘‘(D) protecting and enhancing the envi20 ronment, promoting energy conservation and

21 improved quality of life, and coordinating land22 use and transportation plans and programs;

23 ‘‘(E) enhancing the integration and

24 connectivity of the transportation system,
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1 across and between modes, for people and

2 freight;

3 ‘‘(F) promoting efficient system manage4 ment and operation; and

5 ‘‘(G) emphasizing the preservation of the

6 existing transportation system.

7 ‘‘(2) GOALS.—In cooperation with the State

8 and mass transportation operators, and with oppor9 tunity for public review and comment, the metropoli10 tan planning organization shall establish goals that

11 relate to the factors described in paragraph (1), and

12 propose projects, programs, and strategies to achieve

13 those goals.’’;

14 (B) in subsection (c)—

15 (i) in paragraph (1), by striking sub16 paragraph (A) and inserting the following:

17 ‘‘(A) by agreement between the chief executive

18 officer of the State and units of general purpose

19 local government that together represent not less

20 than 60 percent of the affected population (including

21 the central city, as defined by the Bureau of the

22 Census) and 60 percent of such units of government;

23 or’’;

24 (ii) in paragraph (2)—
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1 (I) by striking ‘‘In a metropolitan

2 area’’ and all that follows through

3 ‘‘shall include’’ and inserting ‘‘Each

4 policy board of a metropolitan plan5 ning organization that serves an area

6 designated as a transportation man7 agement area when designated or re8 designated under this subsection shall

9 consist of’’; and

10 (II) by striking ‘‘officials of au11 thorities’’ and inserting ‘‘officials of

12 public agencies’’;

13 (iii) in paragraph (3), by striking ‘‘in

14 an urbanized area’’ and all that follows

15 through ‘‘officer decides’’ and inserting

16 ‘‘within an existing metropolitan planning

17 area only if the chief executive officer of

18 the State and the existing metropolitan or19 ganization determine’’; and

20 (iv) in paragraph (5)—

21 (I) in subparagraph (A)—

22 (aa) by striking ‘‘75’’ and

23 inserting ‘‘60’’; and

24 (bb) by striking ‘‘as defined

25 by the Secretary of Commerce)’’
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1 and inserting ‘‘or cities, as de2 fined by the Bureau of the Cen3 sus) and 60 percent of such units

4 of government’’; and

5 (II) by adding at the end the

6 following:

7 ‘‘(D) Designations of metropolitan planning organi8 zations, whether made under this section or under any

9 other provision of law, shall remain in effect until redesig10 nation under this paragraph.’’;

11 (C) in subsection (d)—

12 (i) by inserting ‘‘(1)’’ before ‘‘To

13 carry out this section’’;

14 (ii) by striking ‘‘Secretary of Com15 merce’’ and inserting ‘‘Bureau of the

16 Census’’;

17 (iii) by inserting ‘‘in existence as of

18 the date of enactment of the Intermodal

19 Surface Transportation Efficiency Act of

20 1997’’ after ‘‘at least the boundaries of the

21 nonattainment area’’;

22 (iv) by inserting ‘‘, in the manner de23 scribed in subsection (c)(5)’’ before the pe24 riod at the end; and

25 (v) by adding at the end the following:
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1 ‘‘(2) In the case of an urbanized area classified as

2 a nonattainment area for ozone or carbon monoxide under

3 the Clean Air Act (42 U.S.C. 7401 et seq.) after the date

4 of enactment of the Intermodal Surface Transportation

5 Efficiency Act of 1997—

6 ‘‘(A) the boundaries of the metropolitan plan7 ning area shall be established by agreement between

8 the appropriate units of general purpose local gov9 ernment (including the central city) and the chief

10 executive officer of the State; and

11 ‘‘(B) the area shall include at least the urban12 ized area and the contiguous area expected to be13 come urbanized within the 20-year forecast period,

14 and may include the Metropolitan Statistical Area or

15 Consolidated Metropolitan Statistical Area, as deter16 mined by the Bureau of the Census, and any area

17 identified as a nonattainment area for ozone or car18 bon monoxide under the Clean Air Act (42 U.S.C.

19 7401 et seq.).’’;

20 (D) in subsection (e)—

21 (i) in paragraph (2)—

22 (I) by inserting ‘‘or compact’’

23 after ‘‘agreement’’ the first place that

24 term appears’’; and
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1 (II) by striking ‘‘making the

2 agreement effective’’ and inserting

3 ‘‘making the agreements and com4 pacts effective’’; and

5 (ii) by adding at the end the

6 following:

7 ‘‘(4) To the maximum extent practicable, each metro8 politan planning organization shall coordinate with gov9 ernmental agencies and nonprofit organizations operating

10 within an existing metropolitan planning area that receive

11 assistance from governmental sources (other than the De12 partment of Transportation) to provide nonemergency

13 transportation services. Such governmental agencies and

14 nonprofit organizations shall participate and coordinate

15 with recipients of assistance under this chapter in the de16 sign and delivery of transportation services. The purpose

17 of such coordination is to maximize the efficient use of

18 resources and to integrate all such services to ensure ac19 cessibility and mobility.’’; and

20 (E) in subsection (f)—

21 (i) in paragraph (1)—

22 (I) in subparagraph (A), by strik23 ing ‘‘United States and regional func24 tions’’ and inserting ‘‘national, re-
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1 gional, and metropolitan transpor2 tation functions’’;

3 (II) in subparagraph (B), by

4 striking clause (iii) and inserting the

5 following:

6 ‘‘(iii) recommends any additional financing

7 strategies for needed projects and programs;’’;

8 and

9 (III) by striking subparagraph

10 (C) and inserting the following:

11 ‘‘(C) identify transportation strategies

12 necessary—

13 ‘‘(i) to ensure preservation, including re14 quirements for management, operation, mod15 ernization, and rehabilitation, of the existing

16 and future transportation system; and

17 ‘‘(ii) to use existing transportation facili18 ties most efficiently to relieve congestion, to ef19 ficiently serve the mobility needs of people and

20 goods, and to enhance access within the metro21 politan planning area; and’’;

22 (ii) in paragraph (2), by striking ‘‘as

23 they are related to a 20-year forecast pe24 riod’’ and inserting ‘‘and any State or local

25 goals developed within the cooperative met-
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1 ropolitan planning process as they relate to

2 a 20-year forecast period and to other fore3 cast periods as determined by the partici4 pants in the planning process. In develop5 ing long-range plans, the metropolitan

6 planning organization shall take into ac7 count the impact of all transportation

8 projects and development plans that will

9 affect the transportation system in the

10 metropolitan area, without regard to

11 whether such projects are financed with

12 Federal funds’’;

13 (iii) in paragraph (4), by inserting

14 ‘‘freight shippers,’’ after ‘‘employees,’’; and

15 (iv) in paragraph (5)(A), by inserting

16 ‘‘published or otherwise’’ before ‘‘made

17 readily available’’.

18 (b) METROPOLITAN TRANSPORTATION IMPROVE19 MENT PROGRAM.—Section 5304 of title 49, United States

20 Code, is amended—

21 (1) in subsection (a), in the second sentence, by

22 striking ‘‘the organization’’ and inserting ‘‘the met23 ropolitan planning organization, in cooperation with

24 the chief executive officer of the State and any af25 fected mass transportation operator,’’;
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1 (2) in subsection (b)(2), by striking subpara2 graph (C) and inserting the following:

3 ‘‘(C) identifies innovative financing tech4 niques to finance projects, programs, and strat5 egies.’’; and

6 (3) in subsection (c)—

7 (A) in paragraph (1), by inserting ‘‘and

8 the designated recipient under this chapter’’

9 after ‘‘metropolitan planning organization’’; and

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

11 ‘‘(3) Notwithstanding any other provision of law, ac12 tion by the Secretary shall not be required to advance a

13 project included in the approved transportation improve14 ment program in place of another project of higher prior15 ity in the program, except where the project is relevant

16 to conformity with the Clean Air Act (42 U.S.C. 7401 et

17 seq.).

18 ‘‘(4) A transportation improvement program and the

19 annual selection of projects involving Government partici20 pation shall be published or otherwise made readily avail21 able for public review, identifying federally funded

22 projects, and the estimated costs and locations of those

23 projects.

24 ‘‘(5) Regionally significant projects proposed for

25 funding under chapter 2 of title 23 shall be identified indi-
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1 vidually in the transportation improvement program. All

2 other projects funded under chapter 2 of title 23 shall be

3 grouped in 1 line item or identified individually in the

4 transportation improvement program.’’.

5 (c) TRANSPORTATION MANAGEMENT AREAS.—Sec6 tion 5305 of title 49, United States Code, is amended—

7 (1) in subsection (a), by striking paragraph (2)

8 and inserting the following:

9 ‘‘(2) any other area, if requested by the chief

10 executive officer and the metropolitan planning orga11 nization designated for the area.’’;

12 (2) in subsection (b), by inserting ‘‘affected’’

13 before ‘‘mass transportation operators’’;

14 (3) in subsection (c), by striking ‘‘The Sec15 retary’’ and all that follows through the final period;

16 (4) in subsection (d)(1)(A)—

17 (A) by inserting ‘‘and any affected mass

18 transportation operator’’ after ‘‘the State’’; and

19 (B) by striking ‘‘or under the Bridge and

20 Interstate Maintenance programs’’;

21 (5) in subsection (d)(1)(B), by striking ‘‘or

22 under the Bridge and Interstate Maintenance pro23 grams’’; and

24 (6) in subsection (e), by striking paragraph (2)

25 and inserting the following:
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1 ‘‘(2)(A) If a metropolitan planning process is not cer2 tified or is certified conditionally, the Secretary may with3 hold not more than 20 percent of the apportioned funds

4 attributable to the transportation management area under

5 this chapter and title 23, or may establish such other con6 ditions as the Secretary determines to be appropriate.

7 ‘‘(B) Any apportionments withheld under subpara8 graph (A) shall be restored to the metropolitan area at

9 such time as the metropolitan planning organization is

10 certified by the Secretary.’’.

11 (d) STATEWIDE PLANNING.—

12 (1) IN GENERAL.—Chapter 53 of title 49, Unit13 ed States Code, is amended by inserting after sec14 tion 5305 the following:

15 ‘‘§ 5305a. Statewide planning

16 ‘‘(a) DEVELOPMENT REQUIREMENTS.—

17 ‘‘(1) IN GENERAL.—To carry out sections 5303

18 through 5305 of this chapter and section 134 of title

19 23, each State shall develop transportation plans

20 and programs for all areas of the State, which shall

21 provide for the development and integrated manage22 ment and operation of transportation systems (in23 cluding pedestrian walkways and bicycle transpor24 tation facilities) that will function as an intermodal

25 State transportation system and an integral part of
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1 the intermodal transportation system of the United

2 States.

3 ‘‘(2) SPECIFIC REQUIREMENTS.—The develop4 ment of the plans and programs under paragraph

5 (1) shall—

6 ‘‘(A) provide for consideration of all modes

7 of transportation; and

8 ‘‘(B) be continuing, cooperative, and com9 prehensive to the degree appropriate, based on

10 the complexity of the transportation problems

11 to be addressed.

12 ‘‘(b) SCOPE OF PLANNING PROCESS.—

13 ‘‘(1) IN GENERAL.—Each State shall carry out

14 a transportation planning process under this section,

15 which shall provide for consideration of—

16 ‘‘(A) supporting the economic vitality of

17 the metropolitan area, especially by enabling

18 global competitiveness, productivity, and

19 efficiency;

20 ‘‘(B) increasing the safety and security of

21 the transportation system for motorized and

22 nonmotorized users;

23 ‘‘(C) increasing the accessibility and mobil24 ity options available to people and for freight;
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1 ‘‘(D) protecting and enhancing the envi2 ronment, promoting energy conservation and

3 improved quality of life, and coordinating land4 use and transportation plans and programs;

5 ‘‘(E) enhancing the integration and

6 connectivity of the transportation system,

7 across and between modes, for people and

8 freight;

9 ‘‘(F) promoting efficient system manage10 ment and operation; and

11 ‘‘(G) emphasizing the preservation of the

12 existing transportation system.

13 ‘‘(2) GOALS.—In cooperation with the metro14 politan planning organization and mass transpor15 tation operators, and with opportunity for public re16 view and comment, the State shall establish goals

17 that relate to the factors described in paragraph (1),

18 and propose projects, programs, and strategies to

19 achieve those goals.

20 ‘‘(c) COORDINATION WITH METROPOLITAN PLAN21 NING; STATE IMPLEMENTATION PLAN.—

22 ‘‘(1) IN GENERAL.—In carrying out the plan23 ning under this section, a State shall—

24 ‘‘(A) coordinate the planning with the

25 transportation planning activities carried out
27

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1 under sections 5303 through 5305 of this chap2 ter and section 134 of title 23, for metropolitan

3 areas of the State;

4 ‘‘(B) carry out the responsibilities of the

5 State for the development of the transportation

6 portion of the State air quality implementation

7 plan, to the extent required by the Clean Air

8 Act (42 U.S.C. 7401 et seq.); and

9 ‘‘(C) to the maximum extent practicable,

10 coordinate with all other governmental agencies

11 and nonprofit organizations operating within

12 the State planning area that receive assistance

13 from governmental sources (other than the De14 partment of Transportation) to provide non15 emergency transportation services.

16 ‘‘(2) PARTICIPATION.—The governmental agen17 cies and nonprofit organizations described in para18 graph (1)(C) shall participate and coordinate with

19 recipients of assistance under this chapter in the de20 sign and delivery of transportation services.

21 ‘‘(3) PURPOSE OF COORDINATION.—The pur22 pose of coordination under this subsection is to

23 maximize the efficient use of resources and to inte24 grate all such services to ensure accessibility and

25 mobility.
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1 ‘‘(d) ADDITIONAL REQUIREMENTS.—In carrying out

2 planning under this section, each State shall, at a mini3 mum, consider—

4 ‘‘(1) with respect to nonmetropolitan areas, the

5 concerns of local elected officials representing units

6 of general purpose local government;

7 ‘‘(2) the concerns of Indian tribal governments

8 and Federal land management agencies that have

9 jurisdiction over land within the boundaries of the

10 State; and

11 ‘‘(3) coordination of transportation plans, pro12 grams, and planning activities with related planning

13 activities being carried out outside of metropolitan

14 planning areas.

15 ‘‘(e) LONG-RANGE TRANSPORTATION PLAN.—

16 ‘‘(1) IN GENERAL.—Each State shall develop a

17 long-range transportation plan, with a minimum 20-

18 year forecast period, for all areas of the State, that

19 provides for the development and implementation of

20 the intermodal transportation system of the State.

21 ‘‘(2) COOPERATION.—With respect to each met22 ropolitan area in the State, the long-range transpor23 tation plan referred to in paragraph (1) shall be de24 veloped in cooperation with the metropolitan plan25 ning organization designated for the metropolitan
29

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1 area under section 5303 and section 134 of title 23.

2 With respect to each nonmetropolitan area, the long3 range transportation plan shall be developed in con4 sultation with local elected officials representing

5 units of general purpose local government. With re6 spect to each area of the State under the jurisdiction

7 of an Indian tribal government, the long-range

8 transportation plan shall be developed in consulta9 tion with the tribal government and the Secretary of

10 the Interior.

11 ‘‘(3) OPPORTUNITY FOR COMMENT.—In devel12 oping the long-range transportation plan under this

13 subsection, the State shall provide citizens, affected

14 public agencies, representatives of transportation au15 thority employees, other affected employee represent16 atives, freight shippers, private providers of trans17 portation, and other interested parties with a rea18 sonable opportunity to comment on the proposed

19 plan.

20 ‘‘(4) TRANSPORTATION STRATEGIES.—The

21 long-range transportation plan developed under this

22 subsection shall identify transportation strategies

23 necessary to efficiently serve the mobility needs of

24 individuals.
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1 ‘‘(f) STATE TRANSPORTATION IMPROVEMENT

2 PROGRAM.—

3 ‘‘(1) IN GENERAL.—The State shall develop a

4 transportation improvement program for all areas of

5 the State.

6 ‘‘(2) COOPERATION.—With respect to each met7 ropolitan area in the State, the transportation im8 provement program under this subsection shall be

9 developed in cooperation with the metropolitan plan10 ning organization designated for the metropolitan

11 area under section 5303 and section 134 of title 23.

12 With respect to each nonmetropolitan area, the pro13 gram shall be developed in consultation with local

14 elected officials representing units of general pur15 pose local government. With respect to each area of

16 the State under the jurisdiction of an Indian tribal

17 government, the program shall be developed in con18 sultation with the tribal government and the Sec19 retary of the Interior.

20 ‘‘(3) OPPORTUNITY FOR COMMENT.—In devel21 oping the transportation improvement program

22 under this subsection, the State shall provide citi23 zens, affected public agencies, representatives of

24 transportation authority employees, other affected

25 employee representatives, freight shippers, private
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1 providers of transportation, and other interested

2 parties with a reasonable opportunity to comment on

3 the proposed program.

4 ‘‘(4) REQUIRED INFORMATION.—A transpor5 tation improvement program developed for a State

6 under this subsection shall include federally sup7 ported surface transportation expenditures within

8 the boundaries of the State. Regionally significant

9 projects proposed for funding under chapter 2 of

10 title 23 shall be identified individually. All other

11 projects funded under chapter 2 of title 23 shall be

12 grouped in 1 line item or identified individually in

13 the transportation improvement program.

14 ‘‘(5) SPECIFIC REQUIREMENTS.—Each project

15 shall—

16 ‘‘(A) be consistent with the long-range

17 transportation plan developed under this section

18 for the State;

19 ‘‘(B) be identical to the project described

20 in an approved metropolitan transportation im21 provement program; and

22 ‘‘(C) be in conformance with the applicable

23 State air quality implementation plan developed

24 under the Clean Air Act (42 U.S.C. 7401 et

25 seq.), if the project is carried out in an area
32

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1 designated as nonattainment for ozone or car2 bon monoxide under that Act.

3 ‘‘(6) PROJECTS.—The transportation improve4 ment program developed under this subsection shall

5 include a project, or an identified phase of a project,

6 only if full funding can reasonably be anticipated to

7 be available for the project within the time period

8 contemplated for completion of the project.

9 ‘‘(7) PRIORITIES.—The transportation improve10 ment program developed under this subsection shall

11 reflect the priorities for programming and expendi12 tures of funds, including transportation enhance13 ments, required by this chapter.

14 ‘‘(8) SMALL AREAS.—Projects carried out in

15 areas with populations of less than 50,000—

16 ‘‘(A) excluding projects carried out on the

17 National Highway System, shall be selected

18 from the approved statewide transportation im19 provement program by the State in cooperation

20 with the affected local officials; and

21 ‘‘(B) on the National Highway System,

22 shall be selected from the approved statewide

23 transportation improvement program by the

24 State, in consultation with the affected local of25 ficials.
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1 ‘‘(9) REVIEW.—A transportation improvement

2 program developed under this subsection shall be re3 viewed and, on a finding that the planning process

4 through which the program was developed is consist5 ent with this section and section 5303, approved not

6 less frequently than biennially by the Secretary. Not7 withstanding any other provision of law, action by

8 the Secretary shall not be required to advance a

9 project included in the approved statewide transpor10 tation improvement program in place of another

11 project of higher priority in the program, except

12 where the project is relevant to conformity with the

13 Clean Air Act (42 U.S.C. 7401 et seq.).

14 ‘‘(g) AVAILABLE FUNDS.—Amounts set aside under

15 section 5313(b) of this chapter and section 505 of title

16 23 shall be available to carry out this section.’’.

17 (2) CONFORMING AMENDMENT.—The analysis

18 for chapter 53 of title 49, United States Code, is

19 amended by inserting after the item relating to sec20 tion 5305 the following:

‘‘5305a. Statewide planning.’’.

21 SEC. 5. METROPOLITAN PLANNING ORGANIZATIONS.

22 Section 5303(c)(2) of title 49, United States Code,

23 is amended by striking ‘‘and appropriate State officials’’

24 and inserting ‘‘appropriate State officials, and a rep25 resentative of the users of public transit’’.
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1 SEC. 6. FARE BOX REVENUES.

2 (a) BLOCK GRANTS.—Section 5307(e) of title 49,

3 United States Code, is amended—

4 (1) in the first sentence, by striking ‘‘A grant

5 of’’ and inserting the following:

6 ‘‘(1) IN GENERAL.—A grant of’’;

7 (2) in the fourth sentence, by striking ‘‘or reve8 nues from’’ and all that follows through ‘‘1985)’’;

9 (3) in the last sentence, by inserting ‘‘proceeds

10 from a local issuance of debt,’’ after ‘‘cash fund or

11 reserve,’’; and

12 (4) by adding at the end the following:

13 ‘‘(2) MAINTENANCE OF EFFORT.—The credit

14 given for the use of proceeds from a local issuance

15 of debt in meeting the non-federal share under para16 graph (1) shall not reduce or replace State monies

17 required to match Federal funds for any program

18 pursuant to this chapter. In receiving a credit for

19 non-federal capital expenditures under this section, a

20 State shall enter into such agreements as the Sec21 retary may require to ensure that the State will

22 maintain its non-federal transportation capital ex23 penditures at or above the average level of such ex24 penditures for the preceding 3 fiscal years.’’.

25 (b) DISCRETIONARY GRANTS AND LOANS.—Section

26 5309(h) of title 49, United States Code, is amended in
35

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1 the fourth sentence, by inserting ‘‘proceeds from a local

2 issuance of debt,’’ after ‘‘cash fund or reserve.’’.

3 SEC. 7. CLEAN FUELS FORMULA GRANT PROGRAM.

4 (a) IN GENERAL.—Section 5308 of title 49, United

5 States Code, is amended to read as follows:

6 ‘‘§ 5308. Clean fuels formula grant program

7 ‘‘(a) DEFINITIONS.—In this section—

8 ‘‘(1) the term ‘designated recipient’ has the

9 same meaning as in section 5307(a);

10 ‘‘(2) the term ‘eligible project’—

11 ‘‘(A) means a project for the—

12 ‘‘(i) purchase or lease of clean fuel ve13 hicles or hybrid transit vehicles, including

14 clean fuel vehicles that employ a light15 weight composite primary structure;

16 ‘‘(ii) construction or leasing of clean

17 fuel vehicle fueling or electrical recharging

18 facilities and related equipment;

19 ‘‘(iii) improvement of existing transit

20 facilities to accommodate clean fuel vehi21 cles; or

22 ‘‘(iv) incremental costs of biodiesel

23 fuel; and

24 ‘‘(B) in the discretion of the Secretary,

25 may include projects relating to clean fuel, bio-
36

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1 diesel, hybrid electric, or zero emissions tech2 nology vehicles that exhibit equivalent or supe3 rior emissions reductions to existing clean fuel

4 or hybrid electric technologies; and

5 ‘‘(3) the term ‘Secretary’ means the Secretary

6 of Transportation.

7 ‘‘(b) AUTHORITY.—The Secretary shall make grants

8 in accordance with this section to designated recipients to

9 finance eligible projects.

10 ‘‘(c) APPLICATION.—Not later than January 1 of

11 each year, any designated recipient seeking to apply for

12 a grant under this section for an eligible project shall sub13 mit an application to the Secretary, in such form and in

14 accordance with such requirements as the Secretary shall

15 establish by regulation.

16 ‘‘(d) APPORTIONMENT OF FUNDS.—

17 ‘‘(1) FORMULA.—Not later than February 1 of

18 each year, the Secretary shall apportion amounts

19 made available under this section to designated re20 cipients submitting applications under subsection (c)

21 in accordance with the following:

22 ‘‘(A) Two-thirds of the amount made avail23 able under this section shall be apportioned to

24 designated recipients with eligible projects in
37

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1 urban areas with a population of not less than

2 1,000,000 as follows:

3 ‘‘(i) 50 percent shall be apportioned,

4 such that each such designated recipient

5 receives a grant in an amount equal to the

6 ratio between—

7 ‘‘(I) the number of vehicles in the

8 bus fleet of the eligible project of the

9 designated recipient, weighted by se10 verity of nonattainment for the area

11 in which the eligible project is located,

12 as provided in paragraph (2); and

13 ‘‘(II) the total number of vehicles

14 in the bus fleets of all eligible projects

15 in areas with a population of not less

16 than 1,000,000 funded under this sec17 tion, weighted by severity of non18 attainment for all areas in which

19 those eligible projects are located, as

20 provided in paragraph (2).

21 ‘‘(ii) 50 percent of the amount made

22 available under this section shall be appor23 tioned, such that each such designated re24 cipient receives a grant in an amount equal

25 to the ratio between—
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1 ‘‘(I) the number of bus passenger

2 miles (as that term is defined in sec3 tion 5336(c)) of the eligible project of

4 the designated recipient, weighted by

5 severity of nonattainment of the area

6 in which the eligible project is located,

7 as provided in paragraph (2); and

8 ‘‘(II) the total number of bus

9 passenger miles of all eligible projects

10 in areas with a population of not less

11 than 1,000,000 funded under this sec12 tion, weighted by severity of non13 attainment of all areas in which those

14 eligible projects are located, as pro15 vided in paragraph (2).

16 ‘‘(B) One-third of the amount made avail17 able under this section shall be apportioned to

18 designated recipients with eligible projects in

19 urban areas with a population of less than

20 1,000,000 as follows:

21 ‘‘(i) 50 percent shall be apportioned,

22 such that each such designated recipient

23 receives a grant in an amount equal to the

24 ratio between—
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1 ‘‘(I) the number of vehicles in the

2 bus fleet of the eligible project of the

3 designated recipient, weighted by se4 verity of nonattainment for the area

5 in which the eligible project is located,

6 as provided in paragraph (2); and

7 ‘‘(II) the total number of vehicles

8 in the bus fleets of all eligible projects

9 in areas with a population of less than

10 1,000,000 funded under this section,

11 weighted by severity of nonattainment

12 for all areas in which those eligible

13 projects are located, as provided in

14 paragraph (2).

15 ‘‘(ii) 50 percent of the amount made

16 available under this section shall be appor17 tioned, such that each such designated re18 cipient receives a grant in an amount equal

19 to the ratio between—

20 ‘‘(I) the number of bus passenger

21 miles (as that term is defined in sec22 tion 5336(c)) of the eligible project of

23 the designated recipient, weighted by

24 severity of nonattainment of the area
40

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1 in which the eligible project is located,

2 as provided in paragraph (2); and

3 ‘‘(II) the total number of bus

4 passenger miles of all eligible projects

5 in areas with a population of less than

6 1,000,000 funded under this section,

7 weighted by severity of nonattainment

8 of all areas in which those eligible

9 projects are located, as provided in

10 paragraph (2).

11 ‘‘(2) WEIGHTING OF SEVERITY OF NONATTAIN12 MENT.—

13 ‘‘(A) IN GENERAL.—For purposes of para14 graph (1), subject to subparagraph (B) of this

15 paragraph, the number of clean fuel vehicles in

16 the fleet, or the number of passenger miles,

17 shall be multiplied by a factor of—

18 ‘‘(i) 1.0 if, at the time of the appor19 tionment, the area is a maintenance area

20 (as that term is defined in section 101 of

21 title 23) for ozone or carbon monoxide;

22 ‘‘(ii) 1.1 if, at the time of the appor23 tionment, the area is classified as—

24 ‘‘(I) a marginal ozone nonattain25 ment area under subpart 2 of part D
41

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1 of title I of the Clean Air Act (42

2 U.S.C. 7511 et seq.); or

3 ‘‘(II) a marginal carbon mon4 oxide nonattainment area under sub5 part 3 of part D of title I of that Act

6 (42 U.S.C. 7512 et seq.);

7 ‘‘(iii) 1.2 if, at the time of the appor8 tionment, the area is classified as—

9 ‘‘(I) a moderate ozone nonattain10 ment area under subpart 2 of part D

11 of title I of the Clean Air Act (42

12 U.S.C. 7511 et seq.); or

13 ‘‘(II) a moderate carbon mon14 oxide nonattainment area under sub15 part 3 of part D of title I of that Act

16 (42 U.S.C. 7512 et seq.);

17 ‘‘(iv) 1.3 if, at the time of the appor18 tionment, the area is classified as—

19 ‘‘(I) a serious ozone nonattain20 ment area under subpart 2 of part D

21 of title I of the Clean Air Act (42

22 U.S.C. 7511 et seq.); or

23 ‘‘(II) a serious carbon monoxide

24 nonattainment area under subpart 3
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1 of part D of title I of that Act (42

2 U.S.C. 7512 et seq.);

3 ‘‘(v) 1.4 if, at the time of the appor4 tionment, the area is classified as—

5 ‘‘(I) a severe ozone nonattain6 ment area under subpart 2 of part D

7 of title I of the Clean Air Act (42

8 U.S.C. 7511 et seq.); or

9 ‘‘(II) a severe carbon monoxide

10 nonattainment area under subpart 3

11 of part D of title I of that Act (42

12 U.S.C. 7512 et seq.); or

13 ‘‘(vi) 1.5 if, at the time of the appor14 tionment, the area is classified as—

15 ‘‘(I) an extreme ozone nonattain16 ment area under subpart 2 of part D

17 of title I of the Clean Air Act (42

18 U.S.C. 7511 et seq.); or

19 ‘‘(II) an extreme carbon mon20 oxide nonattainment area under sub21 part 3 of part D of title I of that Act

22 (42 U.S.C. 7512 et seq.).

23 ‘‘(B) ADDITIONAL ADJUSTMENT FOR CAR24 BON MONOXIDE AREAS.—If, in addition to

25 being classified as a nonattainment or mainte-
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1 nance area (as that term is defined in section

2 101 of title 23) for ozone under subpart 2 of

3 part D of title I of the Clean Air Act (42

4 U.S.C. 7511 et seq.), the area was also classi5 fied under subpart 3 of part D of title I of that

6 Act (42 U.S.C. 7512 et seq.) as a nonattain7 ment area for carbon monoxide, the weighted

8 nonattainment or maintenance area fleet and

9 passenger miles for the eligible project, as cal10 culated under subparagraph (A), shall be fur11 ther multiplied by a factor of 1.2.

12 ‘‘(3) MAXIMUM GRANT AMOUNT.—

13 ‘‘(A) IN GENERAL.—The amount of a

14 grant made to a designated recipient under this

15 section shall not exceed the lesser of—

16 ‘‘(i) for an eligible project in an

17 area—

18 ‘‘(I) with a population of less

19 than 1,000,000, $15,000,000; and

20 ‘‘(II) with a population of not

21 less than 1,000,000, $25,000,000; or

22 ‘‘(ii) 80 percent of the total cost of

23 the eligible project.

24 ‘‘(B) REAPPORTIONMENT.—Any amounts

25 that would otherwise be apportioned to a des-
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1 ignated recipient under this subsection that ex2 ceed the amount described in subparagraph (A)

3 shall be reapportioned among other designated

4 recipients in accordance with paragraph (1).

5 ‘‘(e) AUTHORIZATION.—

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

7 in each fiscal year, $200,000,000 shall be made

8 available or appropriated under subsections (a) and

9 (b) of section 5338 to carry out this section.

10 ‘‘(2) ADDITIONAL REQUIREMENT.—Notwith11 standing any other provision of this section, not less

12 than 5 percent of the amount apportioned under this

13 section in each fiscal year shall be apportioned to

14 fund any eligible projects, for which an application

15 is received from a designated recipient in accordance

16 with subsection (a), for—

17 ‘‘(A) the purchase or construction of hy18 brid electric or battery-powered buses; or

19 ‘‘(B) facilities specifically designed to serv20 ice those buses.

21 ‘‘(f) AVAILABILITY OF FUNDS.—Any amount made

22 available or appropriated under this section—

23 ‘‘(1) shall remain available for 1 year after the

24 fiscal year for which the amount is made available

25 or appropriated; and
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1 ‘‘(2) that remains unobligated at the end of the

2 period described in paragraph (1), shall be added to

3 the amount made available in the following fiscal

4 year.’’.

5 (b) DEFINITION OF CLEAN FUEL VEHICLE.—Section

6 5302(a) of title 49, United States Code, is amended—

7 (1) in each of paragraphs (2) through (12), by

8 striking the period at the end and inserting a semi9 colon;

10 (2) in paragraph (13), by striking the period at

11 the end and inserting ‘‘; and’’; and

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

13 ‘‘(14) ‘clean fuel vehicle’ means a vehicle pow14 ered by compressed natural gas, liquefied natural

15 gas, biodiesel fuels, batteries, alcohol-based fuels, or

16 hybrid electric, fuel cell, or other zero emissions

17 technology.’’.

18 (c) CLERICAL AMENDMENT.—The analysis for chap19 ter 53 of title 49, United States Code, is amended by

20 striking the item relating to section 5308 and inserting

21 the following:

‘‘5308. Clean fuels formula grant program.’’.

22 SEC. 8. CAPITAL INVESTMENT GRANTS AND LOANS.

23 (a) IN GENERAL.—Section 5309 of title 49, United

24 States Code, is amended in the section heading, by strik-
46

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1 ing ‘‘Discretionary’’ and inserting ‘‘Capital invest2 ment’’.

3 (b) ALLOCATING AMOUNTS.—Section 5309(m)(1) of

4 title 49, United States Code, is amended by striking ‘‘Of

5 the amounts available for grants and loans under this sec6 tion for each of the fiscal years ending September 30,

7 1993–1997’’ and inserting ‘‘After apportioning amounts

8 for the purposes of section 5308, of the amounts available

9 for grants and loans under this section for each of fiscal

10 years 1993 through 2003’’.

11 (c) CONFORMING AMENDMENT.—The analysis for

12 chapter 53 of title 49, United States Code, is amended

13 in the item relating to section 5309, by striking ‘‘Discre14 tionary’’ and inserting ‘‘Capital investment’’.

15 SEC. 9. TRANSIT SUPPORTIVE LAND USE.

16 Section 5309(e)(3)(B) of title 49, United States

17 Code, is amended by inserting ‘‘, and recognize reductions

18 in local infrastructure costs achieved through compact

19 land use development’’ before the semicolon.

20 SEC. 10. NEW STARTS.

21 Section 5309(m) of title 49, United States Code, is

22 amended by adding at the end the following:

23 ‘‘(5) Not more than 8 percent of the amount made

24 available under paragraph (1)(B) in any fiscal year shall
47

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1 be available for activities other than final design and

2 construction.’’.

3 SEC. 11. JOINT PARTNERSHIP FOR DEPLOYMENT OF

4 INNOVATION.

5 Section 5312 of title 49, United States Code, is

6 amended by adding at the end the following:

7 ‘‘(d) JOINT PARTNERSHIP PROGRAM FOR DEPLOY8 MENT OF INNOVATION.—

9 ‘‘(1) DEFINITION OF CONSORTIUM.—In this

10 subsection, the term ‘consortium’—

11 ‘‘(A) means—

12 ‘‘(i) 1 or more public or private orga13 nizations located in the United States, that

14 provides mass transportation service to the

15 public; and

16 ‘‘(ii) 1 or more businesses, including

17 small- and medium-sized businesses, incor18 porated in a State, offering goods or serv19 ices or willing to offer goods and services

20 to mass transportation operators; and

21 ‘‘(B) may include, as additional members,

22 public or private research organizations located

23 in the United States, or State or local govern24 mental authorities.
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1 ‘‘(2) GENERAL AUTHORITY.—The Secretary

2 may, under terms and conditions that the Secretary

3 prescribes, enter into grants, contracts, cooperative

4 agreements, and other agreements with consortia se5 lected in accordance with paragraph (4), to promote

6 the early deployment of innovation in mass transpor7 tation technology, services, management, or oper8 ational practices. This paragraph shall be carried

9 out in consultation with the transit industry by com10 petitively selected public/private partnerships that

11 will share costs, risks, and rewards of early deploy12 ment of innovation with broad applicability.

13 ‘‘(3) CONSORTIUM CONTRIBUTION.—A consor14 tium assisted under this subsection shall provide not

15 less than 50 percent of the costs of any joint part16 nership project. Any business, organization, person,

17 or governmental body may contribute funds to a

18 joint partnership project.

19 ‘‘(4) NOTICE REQUIREMENT.—The Secretary

20 shall periodically give public notice of the technical

21 areas for which joint partnerships are solicited, re22 quired qualifications of consortia desiring to partici23 pate, the method of selection and evaluation criteria

24 to be used in selecting participating consortia and
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1 projects, and the process by which innovation

2 projects described in paragraph (1) will be awarded.

3 ‘‘(5) USE OF REVENUES.—The Secretary shall,

4 to the maximum extent practicable, accept a portion

5 of the revenues resulting from sales of an innovation

6 project funded under this section, to be credited to

7 the Mass Transit Account of the Highway Trust

8 Fund and used for joint partnership projects in ac9 cordance with this subsection.’’.

10 SEC. 12. WORKPLACE SAFETY.

11 Section 5315(a) of title 49, United States Code, is

12 amended—

13 (1) in paragraph (13), by striking ‘‘and’’ at the

14 end;

15 (2) in paragraph (14), by striking the period at

16 the end and inserting ‘‘; and’’; and

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

18 ‘‘(15) workplace safety.’’.

19 SEC. 13. UNIVERSITY TRANSPORTATION CENTERS.

20 (a) IN GENERAL.—Subchapter IV of chapter 52 of

21 title 49, United States Code (as added by section 2003(a)

22 of this Act), is repealed effective 1 day after the date of

23 enactment of this Act.

24 (b) REPEAL.—
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1 (1) IN GENERAL.—Section 2003(b) of this Act,

2 and the amendments made by that section, are re3 pealed effective 1 day after the date of enactment of

4 this Act.

5 (2) APPLICABILITY.—Effective 1 day after the

6 date of enactment of this Act, sections 5316 and

7 5317 of title 49, United States Code, and the items

8 relating to sections 5316 and 5317 in the analysis

9 for chapter 53 of title 49, United States Code, shall

10 be applied and administered as if section 2003(b) of

11 this Act had not been enacted.

12 SEC. 14. JOB ACCESS GRANTS.

13 (a) FINDINGS.—Congress finds that—

14 (1) two-thirds of all new jobs are in the sub15 urbs, whereas three-quarters of welfare recipients

16 live in rural areas or central cities;

17 (2) even in metropolitan areas with excellent

18 public transit systems, less than half of the jobs are

19 accessible by transit;

20 (3) in 1991, the median price of a new car was

21 equivalent to 25 weeks of salary for the average

22 worker, and considerably more for the low-income

23 worker;
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1 (4) not fewer than 9,000,000 households and

2 10,000,000 Americans of driving age, most of whom

3 are low-income workers, do not own cars;

4 (5) 94 percent of welfare recipients do not own

5 cars;

6 (6) nearly 40 percent of workers with annual

7 incomes below $10,000 do not commute by car;

8 (7) many of the 2,000,000 Americans who will

9 have their Temporary Assistance to Needy Families

10 grants (under the State program funded under part

11 A of title IV of the Social Security Act (42 U.S.C.

12 601 et seq.)) terminated by the year 2002 will be

13 unable to get to jobs they could otherwise hold; and

14 (8) increasing the transit options for low-in15 come workers, especially those who are receiving or

16 who have recently received welfare benefits, will in17 crease the likelihood of those workers getting and

18 keeping jobs.

19 (b) GRANT AUTHORITY.—

20 (1) IN GENERAL.—Chapter 53 of title 49, Unit21 ed States Code, is amended by inserting after sec22 tion 5320 the following:

23 ‘‘§ 5320a. Access to jobs

24 ‘‘(a) DEFINITIONS.—In this section:
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1 ‘‘(1) ELIGIBLE LOW-INCOME INDIVIDUAL.—The

2 term ‘eligible low-income individual’ means an indi3 vidual whose family income is at or below 150 per4 cent of the poverty line (as that term is defined in

5 section 673(2) of the Community Services Block

6 Grant Act (42 U.S.C. 9902(2)), including any revi7 sion required by that section) for a family of the size

8 involved.

9 ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible

10 project’ means a project relating to the development

11 of transportation services designed to transport wel12 fare recipients and eligible low-income individuals to

13 and from jobs and activities related to their employ14 ment, including—

15 ‘‘(A) capital projects and to finance operat16 ing costs of equipment, facilities, and associated

17 capital maintenance items related to providing

18 access to jobs under this section;

19 ‘‘(B) promoting the use of transit by work20 ers with nontraditional work schedules;

21 ‘‘(C) promoting the use by appropriate

22 agencies of transit vouchers for welfare recipi23 ents and eligible low-income individuals under

24 specific terms and conditions developed by the

25 Secretary; and
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1 ‘‘(D) promoting the use of employer-pro2 vided transportation including the transit pass

3 benefit program under subsections (a) and (f)

4 of section 132 of title 26.

5 ‘‘(3) EXISTING TRANSPORTATION SERVICE PRO6 VIDERS.—The term ‘existing transportation service

7 providers’ means mass transportation operators and

8 governmental agencies and nonprofit organizations

9 that receive assistance from Federal, State, or local

10 sources for nonemergency transportation services.

11 ‘‘(4) SECRETARY.—The term ‘Secretary’ means

12 the Secretary of Transportation.

13 ‘‘(5) QUALIFIED ENTITY.—The term ‘qualified

14 entity’ means—

15 ‘‘(A) with respect to any proposed eligible

16 project in an urbanized area with a population

17 of not less than 200,000, the entity or entities

18 selected by the appropriate metropolitan plan19 ning organization, in coordination with affected

20 transit grant recipients (as provided in sub21 section (g)(2)), from among local governmental

22 authorities and nonprofit organizations; and

23 ‘‘(B) with respect to any proposed eligible

24 project in an urbanized area with a population

25 of less than 200,000, or an area other than an
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1 urbanized area, the entity or entities selected by

2 the chief executive officer of the State in which

3 the area is located, in coordination with affected

4 transit grant recipients (as provided in sub5 section (g)(2)), from among local governmental

6 authorities and nonprofit organizations.

7 ‘‘(6) WELFARE RECIPIENT.—The term ‘welfare

8 recipient’ means an individual who receives or re9 ceived aid or assistance under a State program fund10 ed under part A of title IV of the Social Security

11 Act (whether in effect before or after the effective

12 date of the amendments made by title I of the Per13 sonal Responsibility and Work Opportunity Rec14 onciliation Act of 1996 (Public Law 104–193; 110

15 Stat. 2110)) at any time during the 3-year period

16 before the date on which the applicant applies for a

17 grant under this section.

18 ‘‘(b) GENERAL AUTHORITY.—

19 ‘‘(1) IN GENERAL.—The Secretary may make

20 grants under this section to assist qualified entities

21 in financing eligible projects.

22 ‘‘(2) COORDINATION.—The Secretary shall co23 ordinate activities under this section with related ac24 tivities under programs of other Federal depart25 ments and agencies.
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1 ‘‘(c) APPLICATIONS.—Each qualified entity seeking

2 to receive a grant under this section for an eligible project

3 shall submit to the Secretary an application in such form

4 and in accordance with such requirements as the Secretary

5 shall establish by regulation.

6 ‘‘(d) PROHIBITION.—Grants awarded under this sec7 tion may not be used for planning or coordination activi8 ties.

9 ‘‘(e) FACTORS FOR CONSIDERATION.—In awarding

10 grants under this section to applicants under subsection

11 (c), the Secretary shall consider—

12 ‘‘(1) the percentage of the population in the

13 area to be served by the applicant that are welfare

14 recipients;

15 ‘‘(2) the need for additional services in the area

16 to be served by the applicant to transport welfare re17 cipients and eligible low-income individuals to and

18 from specified jobs, training, and other employment

19 support services, and the extent to which the pro20 posed services will address those needs;

21 ‘‘(3) the extent to which the applicant dem22 onstrates coordination with, and the financial com23 mitment of, existing transportation service providers;

24 ‘‘(4) the extent to which the applicant dem25 onstrates maximum utilization of existing transpor-
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1 tation service providers and expands transit net2 works or hours of service, or both;

3 ‘‘(5) the extent to which the applicant dem4 onstrates an innovative approach that is responsive

5 to identified service needs;

6 ‘‘(6) the extent to which the applicant—

7 ‘‘(A) presents a regional transportation

8 plan for addressing the transportation needs of

9 welfare recipients and eligible low-income indi10 viduals; and

11 ‘‘(B) identifies long-term financing strate12 gies to support the services under this section;

13 and

14 ‘‘(7) the extent to which the applicant dem15 onstrates that the community to be served has been

16 consulted in the planning process.

17 ‘‘(f) FEDERAL SHARE OF COSTS.—

18 ‘‘(1) MAXIMUM AMOUNT.—The amount of a

19 grant under this section may not exceed 50 percent

20 of the total project cost.

21 ‘‘(2) NONGOVERNMENTAL SHARE.—The portion

22 of the total cost of an eligible project that is not

23 funded under this section—
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1 ‘‘(A) shall be provided in cash from

2 sources other than revenues from providing

3 mass transportation; and

4 ‘‘(B) may be derived from amounts made

5 available to a department or agency of the Fed6 eral Government (other than the Department of

7 Transportation) that are eligible to be expended

8 for transportation.

9 ‘‘(g) PLANNING REQUIREMENTS.—

10 ‘‘(1) IN GENERAL.—The requirements of sec11 tions 5303 through 5306 apply to any grant made

12 under this section.

13 ‘‘(2) COORDINATION.—Each application for a

14 grant under this section shall reflect coordination

15 with and the approval of affected transit grant re16 cipients, and the eligible projects financed must be

17 part of a coordinated public transit-human services

18 transportation planning process.

19 ‘‘(h) GRANT REQUIREMENTS.—A grant under this

20 section shall be subject to—

21 ‘‘(1) all of the terms and conditions to which a

22 grant made under section 5307 is subject; and

23 ‘‘(2) such other terms and conditions as deter24 mined by the Secretary.

25 ‘‘(i) PROGRAM EVALUATION.—
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1 ‘‘(1) COMPTROLLER GENERAL.—Beginning 6

2 months after the date of enactment of this Act, and

3 every 6 months thereafter, the Comptroller General

4 of the United States shall—

5 ‘‘(A) conduct a study to evaluate the grant

6 program authorized under this section; and

7 ‘‘(B) submit to the Committee on Trans8 portation and Infrastructure of the House of

9 Representatives and the Committee on Bank10 ing, Housing, and Urban Affairs of the Senate

11 a report describing the results of each study

12 under subparagraph (A).

13 ‘‘(2) DEPARTMENT OF TRANSPORTATION.—Not

14 later than 2 years after the date of enactment of

15 this Act, the Secretary shall—

16 ‘‘(A) conduct a study to evaluate the ac17 cess to jobs grant program authorized under

18 this section; and

19 ‘‘(B) submit to the Committee on Trans20 portation and Infrastructure of the House of

21 Representatives and the Committee on Bank22 ing, Housing, and Urban Affairs of the Senate

23 a report describing the results of the study

24 under subparagraph (A).

25 ‘‘(j) FUNDING; ALLOCATION.—
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1 ‘‘(1) IN GENERAL.—There is authorized to be

2 appropriated to carry out this section $100,000,000

3 for each of fiscal years 1998 through 2003. Such

4 amounts shall remain available until expended.

5 ‘‘(2) ALLOCATION.—The amount made avail6 able to carry out this section in each fiscal year shall

7 be allocated as follows:

8 ‘‘(A) 60 percent shall be allocated for eligi9 ble projects in urbanized areas with populations

10 of not less than 200,000.

11 ‘‘(B) 20 percent shall be allocated for eligi12 ble projects in urbanized areas with populations

13 of less than 200,000.

14 ‘‘(C) 20 percent shall be allocated for eligi15 ble projects in areas other than urbanized

16 areas.’’.

17 (2) CONFORMING AMENDMENT.—The analysis

18 for chapter 53 of title 49, United States Code, is

19 amended by inserting after the item relating to sec20 tion 5320 the following:

‘‘5320a. Access to jobs.’’.

21 SEC. 15. GRANT REQUIREMENTS.

22 Section 5323 of title 49, United States Code, is

23 amended by adding at the end the following:

24 ‘‘(m) GRANT REQUIREMENTS.—The grant require25 ments under sections 5307 and 5309 apply to any project
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1 under this chapter that receives any assistance from an

2 infrastructure bank or through other financing under sub3 title C of title I of the Intermodal Surface Transportation

4 Efficiency Act of 1997.’’.

5 SEC. 16. HHS AND PUBLIC TRANSIT SERVICE.

6 Section 5323 of title 49, United States Code, is

7 amended by adding at the end the following:

8 ‘‘(n) PARTICIPATION OF GOVERNMENTAL AGENCIES

9 IN DESIGN AND DELIVERY OF TRANSPORTATION SERV10 ICES.—To the extent feasible, governmental agencies and

11 nonprofit organizations that receive assistance from Gov12 ernment sources (other than the Department of Transpor13 tation) for nonemergency transportation services—

14 ‘‘(1) shall participate and coordinate with re15 cipients of assistance under this chapter in the de16 sign and delivery of transportation services; and

17 ‘‘(2) shall be included in the planning for those

18 services.’’.

19 SEC. 17. PROCEEDS FROM THE SALE OF TRANSIT ASSETS.

20 Section 5334(g) of title 49, United States Code, is

21 amended by adding at the end the following:

22 ‘‘(4) Notwithstanding any other provision of law, if

23 a recipient of assistance under this chapter determines

24 that an asset (including real property) acquired with such

25 assistance is no longer needed for the purpose for which
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1 it was acquired, the recipient may sell that asset with no

2 further obligation to the Government, if the proceeds of

3 the sale are used for the provision of mass transportation

4 services in accordance with this chapter.’’.

5 SEC. 18. OPERATING ASSISTANCE FOR SMALL TRANSIT

6 AUTHORITIES IN LARGE URBANIZED AREAS.

7 Section 5336(d) of title 49, United States Code, is

8 amended by adding at the end the following:

9 ‘‘(3) In distributing operating assistance under this

10 subsection to urbanized areas with a population of

11 1,000,000 or more under the most recent census, the Sec12 retary shall direct each such area to give priority consider13 ation to the impact of reductions on operating assistance

14 on smaller transit authorities operating within the area

15 and to consider the needs and resources of such transit

16 authorities.’’.

17 SEC. 19. APPORTIONMENT OF APPROPRIATIONS FOR FIXED

18 GUIDEWAY MODERNIZATION.

19 (a) DISTRIBUTION.—Section 5337(a) of title 49,

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

21 ‘‘(a) DISTRIBUTION.—The Secretary of Transpor22 tation shall apportion amounts made available for fixed

23 guideway modernization under section 5309 for each of

24 fiscal years 1998, 1999, 2000, 2001, 2002, and 2003 as

25 follows:
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1 ‘‘(1) The first $497,700,000 shall be appor2 tioned in the following urbanized areas as follows:

3 ‘‘(A) Baltimore, $8,372,000.

4 ‘‘(B) Boston, $38,948,000.

5 ‘‘(C) Chicago/Northwestern Indiana,

6 $78,169,000.

7 ‘‘(D) Cleveland, $9,509,500.

8 ‘‘(E) New Orleans, $1,730,588.

9 ‘‘(F) New York, $176,034,461.

10 ‘‘(G) Northeastern New Jersey,

11 $50,604,653.

12 ‘‘(H) Philadelphia/Southern New Jersey,

13 $58,924,764.

14 ‘‘(I) Pittsburgh, $13,662,463.

15 ‘‘(J) San Francisco, $33,989,571.

16 ‘‘(K) Southwestern Connecticut,

17 $27,755,000.

18 ‘‘(2) The next $70,000,000 shall be apportioned

19 as follows:

20 ‘‘(A) 50 percent in the urbanized areas

21 listed in paragraph (1), as provided in section

22 5336(b)(2)(A).

23 ‘‘(B) 50 percent in other urbanized areas

24 eligible for assistance under section

25 5336(b)(2)(A) to which amounts were appor-
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1 tioned under this section for fiscal year 1997,

2 as provided in section 5336(b)(2)(A) and sub3 section (e) of this section.

4 ‘‘(3) The next $5,700,000 shall be apportioned

5 in the following urbanized areas as follows:

6 ‘‘(A) Pittsburgh, 61.76 percent.

7 ‘‘(B) Cleveland, 10.73 percent.

8 ‘‘(C) New Orleans, 5.79 percent.

9 ‘‘(D) 21.72 percent in urbanized areas to

10 which paragraph (2)(B) applies, as provided in

11 section 5336(b)(2)(A) and subsection (e) of this

12 section.

13 ‘‘(4) The next $186,600,000 shall be appor14 tioned in each urbanized area to which paragraph

15 (1) applies and in each urbanized area to which

16 paragraph (2)(B) applies, as provided in section

17 5336(b)(2)(A) and subsection (e) of this section.

18 ‘‘(5) The next $140,000,000 shall be appor19 tioned as follows:

20 ‘‘(A) 65 percent in the urbanized areas

21 listed in paragraph (1) as provided in section

22 5336(b)(2)(A) and subsection (e) of this

23 section.

24 ‘‘(B) 35 percent to other urbanized areas

25 eligible for assistance under section
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1 5336(b)(2)(A), if the areas contain fixed guide2 way systems placed in revenue service not less

3 than 7 years before the fiscal year in which

4 amounts are made available, and in any urban5 ized area if, before the first day of that fiscal

6 year, the area satisfies the Secretary that the

7 area has modernization needs that cannot ade8 quately be met with amounts received under

9 section 5336(b)(2)(A), as provided in section

10 5336(b)(2)(A) and subsection (e) of this

11 section.

12 ‘‘(6) The next $100,000,000 shall be appor13 tioned as follows:

14 ‘‘(A) 60 percent in the urbanized areas

15 listed in paragraph (1) as provided in section

16 5336(b)(2)(A) and subsection (e) of this

17 section.

18 ‘‘(B) 40 percent to urbanized areas to

19 which paragraph (5)(B) applies, as provided in

20 section 5336(b)(2)(A) and subsection (e) of this

21 section.

22 ‘‘(7) Remaining amounts shall be apportioned

23 as follows:

24 ‘‘(A) 50 percent in the urbanized areas

25 listed in paragraph (1) as provided in section
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1 5336(b)(2)(A) and subsection (e) of this

2 section.

3 ‘‘(B) 50 percent to urbanized areas to

4 which paragraph (5)(B) applies, as provided in

5 section 5336(b)(2)(A) and subsection (e) of this

6 section.’’.

7 (b) ROUTE SEGMENTS TO BE INCLUDED IN APPOR8 TIONMENT FORMULAS.—Section 5337 of title 49, United

9 States Code, is amended by adding at the end the

10 following:

11 ‘‘(e) ROUTE SEGMENTS TO BE INCLUDED IN APPOR12 TIONMENT FORMULAS.—

13 ‘‘(1) Amounts apportioned under paragraphs

14 (2)(B), (3), and (4) of subsection (a) shall have at15 tributable to each urbanized area only the number of

16 fixed guideway revenue miles of service and number

17 of fixed guideway route miles for segments of fixed

18 guideway systems used to determine apportionments

19 for fiscal year 1997.

20 ‘‘(2) Amounts apportioned under paragraphs

21 (5) through (7) of subsection (a) shall have attrib22 utable to each urbanized area only the number of

23 fixed guideway revenue miles of service and number

24 of fixed guideway route-miles for segments of fixed

25 guideway systems placed in revenue service not less
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1 than 7 years before the fiscal year in which amounts

2 are made available.’’.

3 SEC. 20. URBANIZED AREA FORMULA STUDY.

4 (a) STUDY.—The Secretary of Transportation shall

5 conduct a study to determine whether the formula for ap6 portioning funds to urbanized areas under section 5336

7 of title 49, United States Code accurately reflects the

8 transit needs of the urbanized areas and, if not, whether

9 any changes should be made either to the formula or

10 through some other mechanism to reflect the fact that

11 some urbanized areas with a population between 50,000

12 and 200,000 have transit systems that carry more pas13 sengers per mile or hour than the average of those transit

14 systems in urbanized areas with a population over

15 200,000.

16 (b) REPORT.—Not later than December 31, 1999,

17 the Secretary of Transportation shall transmit to the

18 Committee on Transportation and Infrastructure of the

19 House of Representatives and the Committee on Banking,

20 Housing, and Urban Affairs of the Senate a report on the

21 results of the study conducted under this section, together

22 with any proposed changes to the method for apportioning

23 funds to urbanized areas with a population over 50,000.