291
‘‘(2) PROJECTS.—Under the pilot program, the
Secretary shall carry out projects for testing and de-
ployment of new bus technology, including clean fuel
and alternative fuel technology. The Secretary shall
select projects for funding under the pilot program
that will employ a variety of technologies and will be
performed in a variety of geographic areas of the
country with populations under 50,000, between
50,000 and 200,000, and over 200,000.
‘‘(3) REPORT.—Not later than April 30, 2000,
the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report on
the results of the pilot program, including a descrip-
tion of the projects carried out, the amounts obligated,
and the status of the test and deployment activities
undertaken.’’.
(k) REPORTS.—Section 5309 is further amended by
adding at the end the following:
‘‘(p) REPORTS.—
‘‘(1) FUNDING
LEVELS
AND
ALLOCATIONS
OF
FUNDS FOR FIXED GUIDEWAY SYSTEMS.—
‘‘(A) ANNUAL REPORT.—Not later than the
first Monday in February of each year, the Sec-
292
retary shall submit to the Committee on Trans-
portation and Infrastructure of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a re-
port that includes a proposal on the allocation of
amounts to be made available to finance grants
and loans for capital projects for new fixed
guideway systems and extensions to existing
fixed guideway systems among applicants for
those amounts.
‘‘(B) RECOMMENDATIONS
ON
FUNDING.—
The annual report under this paragraph shall
include evaluations and ratings, as required
under subsection (e), for each project that is au-
thorized or has received funds under this section
since the date of the enactment of this Act or Oc-
tober 1 of the preceding fiscal year, whichever
date is earlier. The report shall also include rec-
ommendations of projects for funding based on
the evaluations and ratings and on existing com-
mitments and anticipated funding levels for the
next 3 fiscal years and for the next 10 fiscal
years based on information currently available
to the Secretary.
293
‘‘(2) SUPPLEMENTAL REPORT ON NEW STARTS.—
The Secretary shall submit a report to Congress on
the 31st day of August of each year that describes the
Secretary’s evaluation and rating of each project that
has completed alternatives analysis or preliminary
engineering since the date of the last report. The re-
port shall include all relevant information that sup-
ports the evaluation and rating of each project, in-
cluding a summary of each project’s financial plan.
‘‘(3) ANNUAL
GAO
REVIEW.—the General Ac-
counting Office shall—
‘‘(A) conduct an annual review of—
‘‘(i) the processes and procedures for
evaluating and rating projects and rec-
ommending projects; and
‘‘(ii) the Secretary’s implementation of
such processes and procedures; and
‘‘(B) shall report to Congress on the results
of such review by April 30 of each year.’’.
(l) PROJECT
DEFINED.—Section 5309 is further
amended by adding at the end the following:
‘‘(q) PROJECT DEFINED.—In this section, the term
‘project’ means, with respect to a new fixed guideway sys-
tem or extension to an existing fixed guideway system, a
minimum operable segment of the project.’’.
294
SEC. 309. DOLLAR VALUE OF MOBILITY IMPROVEMENTS.
(a) IN GENERAL.—The Secretary shall not consider the
dollar value of mobility improvements, as specified in the
report required under section 5309(m)(1)(C) or section
5309(p) (as added by this Act), in evaluating projects under
section 5309 of title 49, United States Code, in developing
regulations, or in carrying out any other duty of the Sec-
retary.
(b) STUDY.—
(1) IN GENERAL.—The Comptroller General shall
conduct a study of the dollar value of mobility im-
provements and the relationship of mobility improve-
ments to the overall transportation justification of a
new fixed guideway system or extension to an existing
system.
(2) REPORT.—Not later than January 1, 2000,
the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report on
the results of the study, including an analysis of the
factors relevant to determining the dollar value of mo-
bility improvements.
295
SEC. 310. FORMULA GRANTS AND LOANS FOR SPECIAL
NEEDS OF ELDERLY INDIVIDUALS AND INDI-
VIDUALS WITH DISABILITIES.
(a) SECTION HEADING.—Section 5310 is amended in
the section heading by striking ‘‘Grants’’ and inserting
‘‘Formula grants’’.
(b) CONFORMING AMENDMENT.—The item relating to
section 5310 in the table of sections for chapter 53 is amend-
ed by inserting ‘‘formula’’ before ‘‘grants’’.
SEC. 311. FORMULA PROGRAM FOR OTHER THAN URBAN-
IZED AREAS.
(a) INTERCITY BUS TRANSPORTATION.—Section 5311
is amended—
(1) in the section heading by striking ‘‘Finan-
cial assistance’’ and inserting ‘‘Formula
grants’’; and
(2) in subsection (f)(1) by striking ‘‘10 percent
of the amount made available in the fiscal year end-
ing September 30, 1993, and’’.
(b) CONFORMING AMENDMENT.—The item relating to
section 5311 in the table of sections for chapter 53 is amend-
ed by striking ‘‘Financial assistance’’ and inserting ‘‘For-
mula grant’’.
SEC. 312. RESEARCH, DEVELOPMENT, DEMONSTRATION,
AND TRAINING PROJECTS.
(a) IN GENERAL.—Section 5312 is amended—
296
(1) in each of subsections (a) and (b) by striking
the first parenthetical phrase; and
(2) by adding at the end the following:
‘‘(d) JOINT PARTNERSHIPS FOR DEPLOYMENT OF IN-
NOVATION.—
‘‘(1) CONSORTIUM DEFINED.—In this subsection,
the term ‘consortium’ means one or more public or
private organizations located in the United States
which provide mass transportation service to the pub-
lic and one or more businesses, including small and
medium sized businesses, incorporated in a State, of-
fering goods or services or willing to offer goods or
services to mass transportation operators. It may in-
clude as additional members public or private re-
search organizations located in the United States, or
State or local governmental authorities.
‘‘(2) GRANTS AND AGREEMENTS.—The Secretary
may make grants and enter into contracts, coopera-
tive agreements, and other agreements with consortia
selected competitively from among public and private
partnerships to promote the early deployment of inno-
vation in mass transportation technology, services,
management, or operational practices. Any such
grant, contract, or agreement shall provide for the
sharing of costs, risks, and rewards of early deploy-
297
ment of innovation. Such grants, contracts, and
agreements shall be subject to such terms and condi-
tions as the Secretary prescribes.
‘‘(3) CONSULTATION REQUIREMENT.—This sub-
section shall be carried out in consultation with the
transit industry.
‘‘(4) COST SHARING.—Any consortium that re-
ceives a grant or enters into a contract or agreement
under this subsection shall provide at least 50 percent
of the cost of any joint partnership project. Any busi-
ness, organization, person, or governmental body may
contribute funds to such project.
‘‘(5) PUBLIC NOTICE.—The Secretary shall peri-
odically give public notice of—
‘‘(A) the technical areas for which joint
partnerships are solicited under this subsection;
‘‘(B) required qualifications of consortia de-
siring to participate in such partnerships;
‘‘(C) the method of selection and evaluation
criteria to be used in selecting participating con-
sortia and projects under this subsection; and
‘‘(D) the process by which projects will be
awarded under this subsection.
‘‘(6) ACCEPTANCE OF REVENUES.—The Secretary
may accept a portion of the revenues resulting from
298
sales of an innovation supported under this subsection
and deposit any revenues accepted into a special ac-
count of the Treasury of the United States to be estab-
lished for purposes of carrying out this subsection.
‘‘(e) INTERNATIONAL MASS TRANSPORTATION PRO-
GRAM.—
‘‘(1) ACTIVITIES.—The Secretary is authorized to
engage in activities to inform the United States do-
mestic mass transportation community about techno-
logical innovations available in the international
marketplace and activities that may afford domestic
businesses the opportunity to become globally competi-
tive in the export of mass transportation products
and services. These activities may include—
‘‘(A) development, monitoring, assessment,
and dissemination domestically of information
about worldwide mass transportation market op-
portunities;
‘‘(B) cooperation with foreign public sector
entities in research, development, demonstration,
training, and other forms of technology transfer
and exchange of experts and information;
‘‘(C) advocacy, in international mass trans-
portation markets, of firms, products, and serv-
ices available from the United States;
299
‘‘(D) informing the international market
about the technical quality of mass transpor-
tation products and services through participa-
tion in seminars, expositions, and similar activi-
ties; and
‘‘(E) offering those Federal Transit Admin-
istration technical services which cannot be read-
ily obtained from the United States private sec-
tor to foreign public authorities planning or un-
dertaking mass transportation projects if the cost
of these services will be recovered under the terms
of each project.
‘‘(2) COOPERATION.—The Secretary may carry
out activities under this subsection in cooperation
with other Federal agencies, State or local agencies,
public and private nonprofit institutions, government
laboratories, foreign governments, or any other orga-
nization the Secretary determines is appropriate.
‘‘(3) FUNDING.—The funds available to carry out
this subsection shall include funds paid to the Sec-
retary by any cooperating organization or person and
shall be deposited by the Secretary in a special ac-
count in the Treasury of the United States to be es-
tablished for purposes of carrying out this subsection.
The funds shall be available for promotional mate-
300
rials, travel, reception, and representation expenses
necessary to carry out the activities authorized by this
subsection. Reimbursement for services provided under
this subsection shall be credited to the appropriation
account concerned.’’.
(b) MASS TRANSPORTATION TECHNOLOGY DEVELOP-
MENT AND DEPLOYMENT.—
(1) GENERAL AUTHORITY.—The Secretary may
make grants and enter into contracts, cooperative
agreements, and other agreements with eligible consor-
tia to promote the development and early deployment
of innovation in mass transportation technology, serv-
ices, management, or operational practices. The Sec-
retary shall coordinate activities under this section
with related activities under programs of other Fed-
eral departments and agencies.
(2) ELIGIBILITY CRITERIA.—To be qualified to
receive funding under this section, an eligible consor-
tium shall—
(A) be organized for the purpose of design-
ing, developing, and deploying advanced mass
transportation technologies that address identi-
fied technological impediments in the mass
transportation field;
301
(B) have an established mechanism for de-
signing, developing, and deploying advanced
mass transportation technologies as evidenced by
participation in a Federal program such as the
consortia funded pursuant to Public Law 102–
396;
(C) facilitate the participation in the con-
sortium of small- and medium-sized businesses
in conjunction with large established manufac-
turers, as appropriate;
(D) be designed to use State and Federal
funding to attract private capital in the form of
grants or investments to further the purposes of
this section; and
(E) provide for the sharing of costs, risks,
and rewards of early deployment of innovation
in mass transportation technologies.
(3) GRANT REQUIREMENTS.—Grants, contracts,
and agreements under paragraph (1) shall be eligible
under and consistent with section 5312 of title 49,
United States Code, and shall be subject to such terms
and conditions as the Secretary prescribes.
(4) FEDERAL SHARE OF COSTS.—The Federal
share of costs for a grant, contract, or agreement with
302
a consortium under this subsection shall not exceed 50
percent of the net project cost.
(5) ELIGIBLE CONSORTIUM DEFINED.—For pur-
poses of this section, the term ‘‘eligible consortium’’
means a consortium of—
(A) businesses incorporated in the United
States;
(B) public or private educational or re-
search organizations located in the United
States;
(C) entities of State or local governments in
the United States;
(D) Federal laboratories; or
(E) existing consortia funded pursuant to
Public Law 103–396.
(6) FUNDING.—
(A) SET-ASIDE OF AMOUNTS MADE AVAIL-
ABLE
UNDER
SECTION
5338(d).—Of the funds
made available by or appropriated under section
5338(d) of title 49, United States Code, for a fis-
cal year $5,000,000 shall be available to carry
out this subsection.
(B) SET-ASIDE OF AMOUNTS MADE AVAIL-
ABLE
UNDER
SECTION
5309(o).—Of the funds
made available to carry out the bus technology
303
pilot program under section 5309(o) of title 49,
United States Code, for a fiscal year $5,000,000
shall be available to carry out this subsection.
(c) FUEL CELL BUS
AND BUS FACILITIES PRO-
GRAM.—Of the funds made available for a fiscal year to
carry out the bus technology pilot program under section
5309(o) of title 49, United States Code, $4,850,000 shall
be available to carry out the fuel cell powered transit bus
program and the intermodal transportation fuel cell bus
maintenance facility.
(d) ADVANCED TECHNOLOGY PILOT PROJECT.—
(1) IN
GENERAL.—The Secretary shall make
grants for the development of low speed magnetic levi-
tation technology for public transportation purposes
in urban areas to demonstrate energy efficiency, con-
gestion mitigation, and safety benefits.
(2) FUNDING.—Of the amounts made available
for each of fiscal years 1998 through 2003 by section
127(a)(3)(H) of this Act, $5,000,000 per fiscal year
shall be available to carry out this subsection.
(3) FEDERAL SHARE.—The Federal share pay-
able on account of activities carried out using a grant
made under this subsection shall be 80 percent of the
cost of such activities.
304
(e) INTELLIGENT TRANSPORTATION SYSTEMS APPLI-
CATIONS.—
(1) IN
GENERAL.—The Secretary shall make
grants for the study, design, and demonstration of
fixed guideway technology in North Orange-South
Seminole County, Florida, and in Galveston, Texas.
(2) FUNDING.—Of the amounts made available
pursuant to section 5338(d) of title 49, United States
Code, for fiscal year 1999, $1,500,000 shall be avail-
able to carry out this subsection. Of such sums,
$750,000 shall be available for fixed guideway activi-
ties in North Orange-South Seminole County, Flor-
ida, and $750,000 shall be available for fixed guide-
way activities in Galveston, Texas.
SEC. 313. NATIONAL PLANNING AND RESEARCH PROGRAMS.
Section 
5314(a)(2) 
is 
amended 
by 
striking
‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’.
SEC. 314. NATIONAL TRANSIT INSTITUTE.
(a) IN GENERAL.—Section 5315 is amended—
(1) in the section heading by striking ‘‘mass
transportation’’ and inserting ‘‘transit’’; and
(2) in subsection (a)—
(A) by striking ‘‘mass transportation’’ in
the first sentence and inserting ‘‘transit’’;
305
(B) by inserting ‘‘and architectural design’’
before the semicolon at the end of paragraph (5);
(C) by striking ‘‘carrying out’’ in para-
graph (7) and inserting ‘‘delivering’’;
(D) by inserting ‘‘, construction manage-
ment, insurance, and risk management’’ before
the semicolon at the end of paragraph (11);
(E) by striking ‘‘and’’ at the end of para-
graph (13);
(F) by striking the period at the end of
paragraph (14) and inserting ‘‘; and’’; and
(G) by adding at the end the following:
‘‘(15) innovative finance.’’.
(b) CONFORMING AMENDMENT.—The item relating to
section 5315 in the table of sections for chapter 53 is amend-
ed by striking ‘‘mass transportation’’ and inserting ‘‘tran-
sit’’.
SEC. 315. UNIVERSITY RESEARCH INSTITUTES.
Section 5316, and the item relating to section 5316
in the table of sections for chapter 53, are repealed.
SEC. 316. TRANSPORTATION CENTERS.
Section 5317, and the item relating to section 5317
in the table of sections for chapter 53, are repealed.
306
SEC. 317. BUS TESTING FACILITIES.
(a) OPERATION AND MAINTENANCE.—Section 5318(b)
is amended—
(1) by striking ‘‘make a contract with’’ and in-
serting ‘‘enter into a contract or cooperative agree-
ment with, or make a grant to,’’;
(2) by inserting ‘‘or organization’’ after ‘‘per-
son’’;
(3) by inserting ‘‘, cooperative agreement, or
grant’’ after ‘‘The contract’’; and
(4) by inserting ‘‘mass transportation’’ after
‘‘and other’’.
(b) AVAILABILITY OF AMOUNTS.—Section 5318(d) is
amended by striking ‘‘make a contract with’’ and inserting
‘‘enter into a contract or cooperative agreement with, or
make a grant to,’’.
SEC. 318. BICYCLE FACILITIES.
Section 5319 is amended by striking ‘‘under this sec-
tion is for 90 percent of the cost of the project’’ and insert-
ing ‘‘made eligible by this section is for 90 percent of the
cost of the project; except that, if the grant or any portion
of the grant is made with funds required to be expended
under section 5307(k) and the project involves providing bi-
cycle access to mass transportation, that grant or portion
of that grant shall be at a Federal share of 95 percent’’.
307
SEC. 319. GENERAL PROVISIONS ON ASSISTANCE.
(a) TECHNICAL AMENDMENT.—Section 5323(d) is
amended 
by 
striking 
‘‘BUYING
AND
OPERATING
BUSES.—’’and inserting ‘‘CONDITION ON CHARTER BUS
TRANSPORTATION SERVICE.—’’.
(b) GOVERNMENT’S
SHARE.—Section 5323(i) is
amended to read as follows:
‘‘(i) GOVERNMENT SHARE OF COSTS FOR CERTAIN
PROJECTS.—A grant for a project to be assisted under this
chapter that involves acquiring vehicle-related equipment
required by the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) or vehicle-related equipment (includ-
ing clean fuel or alternative fuel vehicle-related equipment)
for purposes of complying with or maintaining compliance
with the Clean Air Act, is for 90 percent of the net project
cost of such equipment attributable to compliance with such
Acts. The Secretary shall have discretion to determine,
through practicable administrative procedures, the costs of
such equipment attributable to compliance with such Acts.’’.
(c) BUY AMERICA.—Section 5323(j)(7) is amended to
read as follows:
‘‘(7) OPPORTUNITY TO CORRECT INADVERTENT
ERROR.—The Secretary may allow a manufacturer or
supplier of steel, iron, or manufactured goods to cor-
rect after bid opening any certification made under
this subsection if the Secretary is satisfied that the
308
manufacturer or supplier submitted an incorrect cer-
tification as a result of an inadvertent or clerical
error.’’.
(d) PARTICIPATION OF GOVERNMENTAL AGENCIES IN
DESIGN AND DELIVERY OF TRANSPORTATION SERVICES.—
Section 5323 is amended by redesignating subsections (k)
and (l) as subsections (l) and (m) and by inserting after
subsection (j) the following:
‘‘(k) PARTICIPATION OF GOVERNMENTAL AGENCIES IN
DESIGN AND DELIVERY OF TRANSPORTATION SERVICES.—
To the extent feasible, governmental agencies and nonprofit
organizations that receive assistance from Government
sources (other than the Department of Transportation) for
nonemergency transportation services shall participate and
coordinate with recipients of assistance under this chapter
in the design and delivery of transportation services and
shall be included in the planning for such services.’’.
(e) SUBMISSION OF CERTIFICATIONS.—Section 5323 is
further amended by adding at the end the following:
‘‘(n) SUBMISSION
OF CERTIFICATIONS.—A certifi-
cation required under this chapter and any additional cer-
tification or assurance required by law or regulation to be
submitted to the Secretary may be consolidated into a single
document to be submitted annually as part of a grant ap-
plication under this chapter. The Secretary shall publish
309
annually a list of all certifications required under this
chapter with the publication required under section
5336(e)(2).’’.
(f) REQUIRED PAYMENTS AND ELIGIBLE COSTS.—Sec-
tion 5323 is further amended by adding at the end the fol-
lowing:
‘‘(o) REQUIRED PAYMENTS AND ELIGIBLE COSTS OF
PROJECTS THAT ENHANCE ECONOMIC DEVELOPMENT OR
INCORPORATE PRIVATE INVESTMENT.—
‘‘(1) REQUIRED PAYMENTS.—Each grant or loan
under this chapter for a capital project described in
section 5302(a)(1)(G) shall require that a person
making an agreement to occupy space in a facility
funded under this chapter pay a reasonable share of
the costs of the facility through rental payments and
other means.
‘‘(2) ELIGIBLE COSTS.—Eligible costs for a cap-
ital project described in section 5302(a)(1)(G)—
‘‘(A) include property acquisition, demoli-
tion of existing structures, site preparation, util-
ities, building foundations, walkways, open
space, and a capital project for, and improving,
equipment or a facility for an intermodal trans-
fer facility or transportation mall; but
310
‘‘(B) do not include construction of a com-
mercial revenue producing facility or a part of
a public facility not related to mass transpor-
tation.’’.
SEC. 320. CONTRACT REQUIREMENTS.
(a) EFFICIENT
PROCUREMENT.—Section 5325 is
amended—
(1) by striking subsections (b) and (c);
(2) by redesignating subsection (d) as subsection
(b); and
(3) by adding at the end the following:
‘‘(c) EFFICIENT PROCUREMENT.—A recipient may
award a procurement contract under this chapter to other
than the lowest bidder when the award furthers an objective
consistent with the purposes of this chapter, including im-
proved long-term operating efficiency and lower long-term
costs.’’.
(b) ARCHITECTURAL, ENGINEERING, AND
DESIGN
CONTRACTS.—Section 5325(b), as redesignated by sub-
section (a)(2), is amended—
(1) by inserting ‘‘or requirement’’ after ‘‘A con-
tract’’; and
(2) by inserting before the last sentence the fol-
lowing: ‘‘When awarding such contracts, recipients of
assistance under this chapter shall maximize effi-
311
ciencies of administration by accepting nondisputed
audits conducted by other government agencies, as
provided in subparagraphs (C) through (F) of section
112(b)(2) of title 23.’’.
SEC. 321. SPECIAL PROCUREMENTS.
(a) TURNKEY SYSTEM PROJECTS.—Section 5326(a) is
amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) TURNKEY SYSTEM PROJECT DEFINED.—In
this subsection, the term ‘turnkey system project’
means a project under which a recipient enters into
a contract with a seller, firm, or consortium of firms
to design and build a mass transportation system or
an operable segment thereof that meets specific per-
formance criteria. Such project may also include an
option to finance, or operate for a period of time, the
system or segment or any combination of designing,
building, operating, or maintaining such system or
segment.’’;
(2) in paragraph (2)—
(A) by inserting ‘‘SELECTION OF TURNKEY
PROJECTS.—’’ after ‘‘(2)’’; and
312
(B) by inserting ‘‘or an operable segment of
a mass transportation system’’ after ‘‘transpor-
tation system’’;
(3) in paragraph (3) by inserting ‘‘DEMONSTRA-
TIONS.—’’ after ‘‘(3)’’; and
(4) by aligning paragraphs (2) and (3) with
paragraph (1) of such section, as amended by para-
graph (1) of this section.
(b) 
TECHNICAL
AMENDMENT.—Section 
5326 
is
amended by striking subsection (c) and inserting the follow-
ing:
‘‘(c) ACQUIRING ROLLING STOCK.—A recipient of fi-
nancial assistance of the United States Government under
this chapter may enter into a contract to expend that assist-
ance to acquire rolling stock—
‘‘(1) based on—
‘‘(A) initial capital costs; or
‘‘(B) 
performance, 
standardization, 
life
cycle costs, and other factors; or
‘‘(2) with a party selected through a competitive
procurement process.
‘‘(d) PROCURING ASSOCIATED CAPITAL MAINTENANCE
ITEMS.—A recipient of a grant under section 5307 of this
title procuring an associated capital maintenance item
under section 5307(b) may enter into a contract directly
313
with the original manufacturer or supplier of the item to
be replaced, without receiving prior approval of the Sec-
retary, if the recipient first certifies in writing to the Sec-
retary that—
‘‘(1) the manufacturer or supplier is the only
source for the item; and
‘‘(2) the price of the item is no more than the
price similar customers pay for the item.’’.
(c) CONFORMING AMENDMENT.—Section 5334(b)(4) is
amended by striking ‘‘5323(a)(2), (c) and (e), 5324(c), and
5325 of this title’’ and inserting ‘‘5323(a)(2), 5323(c),
5323(e), 5324(c), 5325(a), 5325(b), 5326(c), and 5326(d)’’.
SEC. 322. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.
Section 5327(c)(2) is amended—
(1) by striking ‘‘make contracts’’ and inserting
‘‘enter into contracts’’; and
(2) by inserting before the period at the end of
the first sentence the following: ‘‘and to provide tech-
nical assistance to correct deficiencies identified in
compliance reviews and audits carried out under this
section’’.
314
SEC. 323. STUDY ON ALCOHOL AND CONTROLLED SUB-
STANCES RANDOM TESTING RATE CALCULA-
TION.
(a) STUDY.—The Secretary shall conduct a study to
determine how the alcohol and controlled substances random
testing rate under section 5331 of title 49, United States
Code, should be calculated.
(b) CONSIDERATIONS.—In conducting the study under
this section, the Secretary shall consider—
(1) the differences in random testing results
among employers subject to section 5331 of title 49,
United States Code;
(2) the differences in random testing results
among employers subject to such section in areas with
populations of at least 200,000, in areas with popu-
lations less than 200,000, and in other than urban-
ized areas;
(3) the deterrent effect of random testing; and
(4) the effect of random testing on public safety.
(c) REPORT.—Not later than December 31, 1999, the
Secretary shall transmit to Congress a report on the results
of the study conducted under this section, together with any
proposed changes to the calculation of the random alcohol
and controlled substances testing rate.
315
SEC. 324. ADMINISTRATIVE PROCEDURES.
(a) TRAINING
AND CONFERENCE COSTS.—Section
5334(a) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(8);
(2) by striking the period at the end of para-
graph (9) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(10) collect fees to cover the costs of training or
conferences, including costs of promotional materials,
sponsored by the Federal Transit Administration to
promote mass transportation and credit amounts col-
lected to the appropriation concerned.’’.
(b) FLEXIBILITY
FOR AREAS WITH POPULATIONS
UNDER 200,000.—Section 5334(i) is amended to read as
follows:
‘‘(i) FLEXIBILITY
FOR AREAS WITH POPULATIONS
UNDER 200,000.—Not later than 180 days after the date
of the enactment of the Building Efficient Surface Trans-
portation and Equity Act of 1998, the Secretary shall seek
public comment on ways to simplify and streamline the ad-
ministration of the formula program for urbanized areas
with populations of less than 200,000 and shall make, to
the extent feasible and consistent with statutory require-
ments, every effort to ease any administrative burdens
thereby identified.’’.
316
(c) TECHNICAL AMENDMENTS.—
(1) SECTION HEADING.—The heading for section
5334 is amended by inserting ‘‘provisions’’ after
‘‘Administrative’’.
(2) TABLE OF SECTIONS.—The item relating to
section 5334 in the table of sections for chapter 53 is
amended by inserting ‘‘provisions’’ after ‘‘Adminis-
trative’’.
SEC. 325. REPORTS AND AUDITS.
(a) NATIONAL TRANSIT DATABASE.—Section 5335(a)
is amended—
(1) by striking ‘‘REPORTING SYSTEM AND UNI-
FORM SYSTEM OF ACCOUNTS AND RECORDS’’ and in-
serting ‘‘NATIONAL TRANSIT DATABASE’’; and
(2) in paragraph (1)—
(A) by striking ‘‘by uniform categories,’’
and inserting ‘‘using uniform categories’’; and
(B) by striking ‘‘and a uniform system of
accounts and records’’ and inserting ‘‘and using
a uniform system of accounts’’.
(b) REPORTS.—Section 5335 is further amended—
(1) by striking subsections (b) and (c); and
(2) by redesignating subsection (d) as subsection
(b).
317
SEC. 326. APPORTIONMENT OF APPROPRIATIONS FOR FOR-
MULA GRANTS.
Section 5336 is amended—
(1) in the section heading by striking ‘‘block
grants’’ and inserting ‘‘formula grants’’; and
(2) by striking subsection (d) and inserting the
following:
‘‘(d) LIMITATION
ON OPERATING ASSISTANCE
AND
PREVENTIVE MAINTENANCE.—Of the funds apportioned
under this section for urbanized areas, such sums as may
be necessary shall be available for operating assistance for
urbanized areas with populations under 200,000, except
that the total amount of such funds made available for such
operating assistance and for urbanized areas for preventive
maintenance activities that become eligible for capital as-
sistance under section 5307 on the date of the enactment
of the Building Efficient Surface Transportation and Eq-
uity Act of 1998 may not exceed $400,000,000 for any fiscal
year.’’.
SEC. 327. APPORTIONMENT OF APPROPRIATIONS FOR
FIXED GUIDEWAY MODERNIZATION.
(a) DISTRIBUTION.—Section 5337(a) is amended to
read as follows:
‘‘(a) DISTRIBUTION.—The Secretary of Transportation
shall apportion amounts made available for fixed guideway
318
modernization under section 5309 for each of fiscal years
1998 through 2003 as follows:
‘‘(1) The first $497,700,000 shall be apportioned
in the following urbanized areas as follows:
‘‘(A) Baltimore, $8,372,000.
‘‘(B) Boston, $38,948,000.
‘‘(C) 
Chicago/Northwestern 
Indiana,
$78,169,000.
‘‘(D) Cleveland, $9,509,500.
‘‘(E) New Orleans, $1,730,588.
‘‘(F) New York, $176,034,461.
‘‘(G) Northeastern New Jersey, $50,604,653.
‘‘(H) Philadelphia/Southern New Jersey,
$58,924,764.
‘‘(I) Pittsburgh, $13,662,463.
‘‘(J) San Francisco, $33,989,571.
‘‘(K) 
Southwestern 
Connecticut,
$27,755,000.
‘‘(2) The next $74,849,950 shall be apportioned
as follows:
‘‘(A) $4,849,950 to the Alaska Railroad for
improvements to its passenger operations.
‘‘(B) Of the remaining $70,000,000—
319
‘‘(i) 50 percent in the urbanized areas
listed in paragraph (1) as provided in sec-
tion 5336(b)(2)(A); and
‘‘(ii) 50 percent in other urbanized
areas eligible for assistance under section
5336(b)(2)(A) to which amounts were ap-
portioned under this section for fiscal year
1997, as provided in section 5336(b)(2)(A)
and subsection (e) of this section.
‘‘(3) The next $5,700,000 shall be apportioned in
the following urbanized areas as follows:
‘‘(A) Pittsburgh, 61.76 percent.
‘‘(B) Cleveland, 10.73 percent.
‘‘(C) New Orleans, 5.79 percent.
‘‘(D) 21.72 percent in urbanized areas to
which paragraph (2)(B)(ii) applies, as provided
in section 5336(b)(2)(A) and subsection (e) of
this section.
‘‘(4) The next $186,600,000 shall be apportioned
in each urbanized area to which paragraph (1) ap-
plies and in each urbanized area to which paragraph
(2)(B) applies, as provided in section 5336(b)(2)(A)
and subsection (e) of this section.
‘‘(5) The next $140,000,000 shall be apportioned
as follows:
320
‘‘(A) 65 percent in the urbanized areas list-
ed in paragraph (1) as provided in section
5336(b)(2)(A) and subsection (e) of this section.
‘‘(B) 35 percent to other urbanized areas el-
igible for assistance under section 5336(b)(2)(A)
of this title if the areas contain fixed guideway
systems placed in revenue service at least 7 years
before the fiscal year in which amounts are made
available and in any urbanized area if, before
the first day of the fiscal year, the area satisfies
the Secretary that the area has modernization
needs that cannot adequately be met with
amounts received under section 5336(b)(2)(A), as
provided in section 5336(b)(2)(A) and subsection
(e) of this section.
‘‘(6) The next $100,000,000 shall be apportioned
as follows:
‘‘(A) 60 percent in the urbanized areas list-
ed in paragraph (1) as provided in section
5336(b)(2)(A) and subsection (e) of this section.
‘‘(B) 40 percent to urbanized areas to which
paragraph (5)(B) applies, as provided in section
5336(b)(2)(A) and subsection (e) of this section.
‘‘(7) Remaining amounts shall be apportioned as
follows:
321
‘‘(A) 50 percent in the urbanized areas list-
ed in paragraph (1) as provided in section
5336(b)(2)(A) and subsection (e) of this section.
‘‘(B) 50 percent to urbanized areas to which
paragraph (5)(B) applies, as provided in section
5336(b)(2)(A) and subsection (e) of this section.’’.
(b) ROUTE SEGMENTS TO BE INCLUDED IN APPOR-
TIONMENT FORMULAS.—Section 5337 is further amended
by adding at the end the following:
‘‘(e) ROUTE SEGMENTS TO BE INCLUDED IN APPOR-
TIONMENT FORMULAS.—(1) Amounts apportioned under
paragraphs (2)(B), (3), and (4) of subsection (a) shall have
attributable to each urbanized area only the number of fixed
guideway revenue miles of service and number of fixed
guideway route miles for segments of fixed guideway sys-
tems used to determine apportionments for fiscal year 1997.
‘‘(2) Amounts apportioned under paragraphs (5)
through (7) of subsection (a) shall have attributable to each
urbanized area only the number of fixed guideway revenue
miles of service and number of fixed guideway route-miles
for segments of fixed guideway systems placed in revenue
service at least 7 years before the fiscal year in which
amounts are made available.’’.
322
SEC. 328. AUTHORIZATIONS.
(a) IN GENERAL.—Section 5338 is amended to read
as follows:
‘‘§ 5338. Authorizations
‘‘(a) FORMULA GRANTS.—
‘‘(1) FROM THE TRUST FUND.—There shall be
available from the Mass Transit Account of the High-
way Trust Fund to carry out sections 5307, 5310,
and 5311—
‘‘(A) $2,697,600,000 for fiscal year 1998;
‘‘(B) $3,213,000,000 for fiscal year 1999;
and
‘‘(C) $3,553,000,000 for each of fiscal years
2000 through 2003.
‘‘(2) FROM THE GENERAL FUND.—In addition to
amounts made available under paragraph (1), there
are authorized to be appropriated to carry out sec-
tions 5307 and 5311—
‘‘(A) $290,000,000 for fiscal year 1998; and
‘‘(B) $68,000,000 for fiscal year 1999.
‘‘(3) ALLOCATION OF FUNDS.—Of the aggregate
of amounts made available by and appropriated
under this subsection for a fiscal year—
‘‘(A) 2.4 percent shall be available to pro-
vide transportation services to elderly individ-
323
uals and individuals with disabilities under sec-
tion 5310;
‘‘(B) 5.37 percent shall be available to pro-
vide financial assistance for other than urban-
ized areas under section 5311; and
‘‘(C) 92.23 percent shall be available to pro-
vide financial assistance for urbanized areas
under section 5307.
‘‘(b) CAPITAL PROGRAM GRANTS AND LOANS.—There
shall be available from the Mass Transit Account of the
Highway Trust Fund to carry out section 5309:
‘‘(1) $2,197,000,000 for fiscal year 1998.
‘‘(2) $2,412,000,000 for fiscal year 1999.
‘‘(3) $2,613,000,000 for each of fiscal years 2000
through 2003.
‘‘(c) PLANNING.—
‘‘(1) FROM THE TRUST FUND.—There shall be
available from the Mass Transit Account of the High-
way Trust Fund to carry out sections 5303, 5304,
5305, and 5313(b) $54,000,000 for each of fiscal years
2000 through 2003.
‘‘(2) FROM THE GENERAL FUND.—There are au-
thorized to be appropriated to carry out sections
5303, 5304, 5305, and 5313(b)—
‘‘(A) $48,000,000 for fiscal year 1998; and
324
‘‘(B) $52,000,000 for fiscal year 1999.
‘‘(3) ALLOCATION
OF
FUNDS.—Of the funds
made available by or appropriated under this sub-
section for a fiscal year—
‘‘(A) 82.72 percent shall be available for
metropolitan planning under sections 5303,
5304, and 5305; and
‘‘(B) 17.28 percent shall be available for
State planning under section 5313(b).
‘‘(d) RESEARCH.—
‘‘(1) FROM THE TRUST FUND.—There shall be
available from the Mass Transit Account of the High-
way Trust Fund to carry out sections 5311(b)(2),
5312, 5313(a), 5314, 5315, and 5322 $38,000,000 for
each of fiscal years 2000 through 2003.
‘‘(2) FROM THE GENERAL FUND.—There are au-
thorized to be appropriated to carry out sections
5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322
$38,000,000 for each of fiscal years 1998 and 1999.
‘‘(3) ALLOCATION
OF
FUNDS.—Of the funds
made available by or appropriated under this sub-
section for a fiscal year—
‘‘(A) not less than $5,250,000 shall be avail-
able for providing rural transportation assist-
ance under section 5311(b)(2);
325
‘‘(B) not less than $8,250,000 shall be avail-
able for carrying out transit cooperative research
programs under section 5313(a);
‘‘(C) not less than $3,000,000 shall be avail-
able to carry out programs under the National
Transit Institute under section 5315; and
‘‘(D) the remainder shall be available for
carrying out national planning and research
programs 
under 
sections 
5311(b)(2), 
5312,
5313(a), 5314, and 5322.
‘‘(e) UNIVERSITY TRANSPORTATION RESEARCH.—
‘‘(1) FROM THE TRUST FUND.—There shall be
available from the Mass Transit Account of the High-
way Trust Fund to carry out section 5505 $6,000,000
for each of fiscal years 2000 through 2003.
‘‘(2) FROM THE GENERAL FUND.—There is au-
thorized to be appropriated to carry out section 5505
$6,000,000 per fiscal year for fiscal years 1998 and
1999.
‘‘(f) ADMINISTRATION.—
‘‘(1) FROM THE TRUST FUND.—There shall be
available from the Mass Transit Account of the High-
way Trust Fund for administrative expenses to carry
out section 5334 $52,000,000 for each of fiscal years
2000 through 2003.
326
‘‘(2) FROM THE GENERAL FUND.—There is au-
thorized to be appropriated for administrative ex-
penses to carry out section 5334—
‘‘(A) $46,000,000 for fiscal year 1998; and
‘‘(B) $50,000,000 for fiscal year 1999.
‘‘(g) GRANTS AS CONTRACTUAL OBLIGATIONS.—
‘‘(1) GRANTS
FINANCED
FROM
THE
HIGHWAY
TRUST FUND.—A grant or contract approved by the
Secretary, that is financed with amounts made avail-
able under subsection (a)(1), (b), (c)(1), (d)(1), (e)(1),
or (f)(1) is a contractual obligation of the United
States Government to pay the Government’s share of
the cost of the project.
‘‘(2) 
GRANTS
FINANCED
FROM
GENERAL
FUNDS.—A grant or contract, approved by the Sec-
retary, that is financed with amounts made available
under subsection (a)(2), (c)(2), (d)(2), (e)(2), or (f)(2)
is a contractual obligation of the Government to pay
the Government’s share of the cost of the project only
to the extent amounts are provided in advance in an
appropriations law.
‘‘(h) AVAILABILITY
OF AMOUNTS.—Amounts made
available by or appropriated under subsections (a) through
(e) shall remain available until expended.’’.
327
(b) CONFORMING
AMENDMENTS.—Chapter 53 is
amended as follows:
(1) In sections 5303(h)(1), 5303(h)(2)(A), and
5303(h)(3)(A) by striking ‘‘5338(g)(1)’’ and inserting
‘‘5338(c)(3)(A)’’.
(2) In section 5303(h)(1) by striking ‘‘–5306’’
and inserting ‘‘and 5305’’.
(3) In section 5303(h)(4) by striking ‘‘5338(g)’’
and inserting ‘‘5338(c)(3)(A)’’.
(4) In section 5309(f)(4), as redesignated by sec-
tion 308(i)(1)(B) of this Act, by striking ‘‘5338(a)’’
and inserting ‘‘5338(b)’’.
(5) In section 5310(b) by striking ‘‘5338(a)’’ and
inserting ‘‘5338(a)(3)(A)’’.
(6) In section 5311(c) by striking ‘‘5338(a)’’ and
inserting ‘‘5338(a)(3)(B)’’.
(7) In section 5313(a)(1) by striking ‘‘section
5338(g)(3)’’ and inserting ‘‘sections 5338(d)(3)(B)
and 5338(d)(3)(D)’’.
(8) 
In 
section 
5313(b)(1) 
by 
striking
‘‘5338(g)(3)’’ and inserting ‘‘5338(c)(3)(B)’’.
(9) 
In 
section 
5314(a)(1) 
by 
striking
‘‘5338(g)(4)’’ and inserting ‘‘5338(d)(3)(D)’’.
(10) In section 5318(d) by striking ‘‘5338(j)(5)’’
and inserting ‘‘5309(m)(3)(B)’’.
328
(11) In section 5333(b) by striking ‘‘5338(j)(5)’’
each place it appears and inserting ‘‘5338(b)’’.
(12) In section 5336(a) by striking ‘‘5338(f)’’
and inserting ‘‘5338(a)(3)(C)’’.
(13) In section 5336(e)(1) by striking ‘‘5338(f)’’
and inserting ‘‘5338(a)(3)(C)’’.
SEC. 329. OBLIGATION CEILING.
(a) CAPITAL PROGRAM GRANTS AND LOANS.—Not-
withstanding any other provision of law, the total of all
obligations from amounts made available from the Mass
Transit Account of the Highway Trust Fund by section
5338(b) of title 49, United States Code, shall not exceed—
(1) $2,000,000,000 in fiscal year 1998;
(2) $2,412,000,000 in fiscal year 1999; and
(3) $2,613,000,000 in each of fiscal years 2000
through 2003.
(b) FORMULA GRANTS, PLANNING, RESEARCH, ADMIN-
ISTRATION, AND STUDIES.—Notwithstanding any other
provision of law, the total of all obligations from amounts
made available from the Mass Transit Account of the High-
way Trust Fund by subsections (a), (c), (d), (e), and (f)
of section 5338 of title 49, United States Code, and sections
331 and 332 of this Act shall not exceed—
(1) $2,260,000,000 in fiscal year 1998;
(2) $3,213,000,000 in fiscal year 1999; and
329
(3) $3,703,000,000 in each of fiscal years 2000
through 2003.
SEC. 330. ACCESS TO JOBS CHALLENGE GRANT PILOT PRO-
GRAM.
(a) GENERAL AUTHORITY.—The Secretary may make
grants under this section to assist States, local govern-
mental authorities, and nonprofit organizations in financ-
ing transportation services designed to transport welfare re-
cipients to and from jobs and activities related to their em-
ployment. The Secretary shall coordinate activities under
this section with related activities under programs of other
Federal departments and agencies.
(b) GRANT CRITERIA.—In selecting applicants for
grants under this section, the Secretary shall consider the
following:
(1) The percentage of the population in the area
to be served that are welfare recipients.
(2) The need for additional services (including
bicycling) to transport welfare recipients to and from
specified jobs, training, and other employment sup-
port services, and the extent to which the proposed
services will address those needs.
(3) The extent to which the applicant dem-
onstrates coordination with, and the financial com-
mitment of, existing transportation service providers
330
and the extent to which the applicant demonstrates
coordination with the State agency or department
that administers the State program funded under
part A of title IV of the Social Security Act.
(4) The extent to which the applicant dem-
onstrates maximum utilization of existing transpor-
tation service providers and expands existing transit
networks or hours of service or both.
(5) The extent to which the applicant dem-
onstrates an innovative approach that is responsive to
identified service needs.
(6) The extent to which the applicant presents a
comprehensive approach to addressing the needs of
welfare recipients and identifies long-term financing
strategies to support the services under this section.
(c) ELIGIBLE PROJECTS.—The Secretary may make
grants under this section for—
(1) capital projects and to finance operating
costs of equipment, facilities, and associated capital
maintenance items related to providing access to jobs
under this section;
(2) promoting the use of transit by workers with
nontraditional work schedules;
331
(3) promoting the use by appropriate agencies of
transit vouchers for welfare recipients under specific
terms and conditions developed by the Secretary; and
(4) promoting the use of employer-provided
transportation including the transit pass benefit pro-
gram under subsections (a) and (f) of section 132 of
the Internal Revenue Code of 1986.
No planning or coordination activities are eligible for as-
sistance under this section.
(d) COMPETITIVE GRANT SELECTION.—The Secretary
shall conduct a national solicitation for applications for
grants under this section. Grantees shall be selected on a
competitive basis. The Secretary shall select not more than
10 demonstration projects for the pilot program, including
6 projects from urbanized areas with populations of at least
200,000, 2 projects from urbanized areas with populations
less than 200,000, and 2 projects from other than urbanized
areas.
(e) FEDERAL SHARE OF COSTS.—The Federal share
of costs under this section shall be provided from funds ap-
propriated to carry out this section. The Federal share of
the costs for a project under this section shall not exceed
50 percent of the net project cost. The remainder shall be
provided in cash from sources other than revenues from pro-
viding mass transportation. Funds appropriated to a Fed-
332
eral department or agency (other than the Department of
Transportation) and eligible to be used for transportation
may be used toward the nongovernment share payable on
a project under this section.
(f) PLANNING REQUIREMENTS.—The requirements of
sections 5303 through 5306 of title 49, United States Code,
apply to grants made under this section. Applications must
reflect coordination with and the approval of affected tran-
sit grant recipients and the projects financed must be part
of a coordinated public transit-human services transpor-
tation planning process.
(g) GRANT REQUIREMENTS.—A grant under this sec-
tion shall be subject to all of the terms and conditions of
grants made under section 5307 of title 49, United States
Code, and such terms and conditions as determined by the
Secretary.
(h) PROGRAM EVALUATION.—
(1) COMPTROLLER GENERAL.—Six months after
the date of the enactment of this Act and each 6
months thereafter, the Comptroller General shall con-
duct a study to evaluate the access to jobs program
conducted under this section and transmit to the
Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on
333
Banking, Housing, and Urban Affairs of the Senate
the results of the study.
(2) DEPARTMENT
OF
TRANSPORTATION.—The
Secretary shall conduct a study to evaluate the access
to jobs program conducted under this section and
transmit to the Committee on Transportation and In-
frastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs
of the Senate the results of the study within 2 years
of the date of the enactment of this Act.
(i) DEFINITIONS.—In this section, the following defini-
tions apply:
(1) CAPITAL PROJECT AND URBANIZED AREA.—
The terms ‘‘capital project’’ and ‘‘urbanized area’’
have the meaning such terms have under section 5302
of title 49, United States Code.
(2) EXISTING TRANSPORTATION SERVICE PROVID-
ERS.—The term ‘‘existing transportation service pro-
viders’’ means mass transportation operators and
governmental agencies and nonprofit organizations
that receive assistance from Federal, State, or local
sources for nonemergency transportation services.
(3) WELFARE
RECIPIENT.—The term ‘‘welfare
recipient’’ means an individual who receives or re-
ceived aid or assistance under a State program fund-
334
ed under part A of title IV of the Social Security Act
(whether in effect before or after the effective date of
the amendments made by title I of the Personal Re-
sponsibility and Work Opportunity Reconciliation
Act of 1996) at any time during the 3-year period
ending on the date the applicant applies for a grant
under this section.
(j) FUNDING.—There is authorized to be appropriated
to carry out this section $42,000,000 per fiscal year for fis-
cal years 1998 through 2003. Such sums shall remain avail-
able until expended.
SEC. 331. ADJUSTMENTS FOR THE SURFACE TRANSPOR-
TATION EXTENSION ACT OF 1997.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary shall ensure that the total appor-
tionments and allocations made to a designated grant re-
cipient under section 5338 of this Act for fiscal year 1998
shall be reduced by the amount apportioned to such des-
ignated recipient pursuant to section 8 of the Surface
Transportation Extension Act of 1997 (111 Stat. 2559).
(b) FIXED
GUIDEWAY
MODERNIZATION
ADJUST-
MENT.—In making the apportionments described in sub-
section (a), the Secretary shall adjust the amount appor-
tioned to each urbanized area for fixed guideway mod-
335
ernization for fiscal year 1998 to reflect the method for ap-
portioning funds in section 5337(a).
SEC. 332. PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS
AND EXTENSIONS TO EXISTING SYSTEMS.
(a) FINAL DESIGN AND CONSTRUCTION.—The follow-
ing projects are authorized for final design and construction
for fiscal years 1998 through 2003 under section
5309(m)(1)(B) of title 49, United States Code:
(1) Atlanta—Athens Commuter Rail.
(2) Atlanta—Griffin Commuter Rail.
(3) Atlanta—North Line Extension.
(4) 
Austin—NW/North 
Central/SE—Airport
LRT.
(5) Baltimore—Central LRT Extension to Glen
Burnie.
(6) Boston—Massport Airport Intermodal Tran-
sit Connector.
(7) Boston—North Shore Blue Line Extension to
Beverly.
(8) Charlotte—South Corridor Transitway.
(9) 
Chicago—Navy 
Pier-McCormick 
Place
Busway.
(10) Chicago—North Central Upgrade Com-
muter Rail.
(11) Chicago—Ravenswood Line Extension.
336
(12) Chicago—Southwest Extension.
(13) Chicago—West Line Expansion.
(14) Cleveland—Akron-Canton Commuter Rail.
(15) Cleveland—Berea Metroline Extension.
(16) Cleveland—Blue Line Extension.
(17) Cleveland—Euclid Corridor Extension.
(18) Cleveland—I–90 Corridor to Ashtabula
County.
(19) Cleveland—Waterfront Line Extension.
(20) Dallas—North Central Extension.
(21) Dallas—Ft. Worth RAILTRAN (Phase II).
(22) Denver—East Corridor (Airport).
(23) Denver—Southeast LRT (I–25 between 6th
& Lincoln).
(24) Denver—Southwest LRT.
(25) Denver—West Corridor LRT.
(26) East St. Louis-St. Clair County—Mid-
America Airport Corridor.
(27) Ft. Lauderdale-West Palm Beach-Miami
Tri-County Commuter Rail.
(28) Galveston—Trolley Extension.
(29) Hartford—Griffin Line.
(30) Hollis—Ketchikan Ferry.
(31) Houston—Regional Bus Plan—Phase I.
(32) Kansas City—I–35 Commuter Rail.
337
(33) Kansas City—Southtown Corridor.
(34) Las Vegas Corridor.
(35) Little Rock—River Rail.
(36) Los Angeles—Metrolink San Bernadino
Line.
(37) Los Angeles—MOS–3.
(38) Los Angeles—Metrolink (Union Station-
Fullerton).
(39) Louisville—Jefferson County Corridor.
(40) MARC—Commuter Rail Improvements.
(41) Maryland Light Rail Double Track.
(42) Memphis—Medical Center Extension.
(43) Miami—East-West Corridor.
(44) Miami—North 27th Avenue Corridor.
(45) Miami—South Busway Extension.
(46) Milwaukee—East-West Corridor.
(47) Monterey County Commuter Rail.
(48) Nashua, NH—Lowell, MA Commuter Rail.
(49) Nashville—Commuter Rail.
(50) New Orleans—Canal Streetcar.
(51) New York—8th Avenue Subway Connector.
(52) New York—Brooklyn—Staten Island Ferry.
(53) New York—Long Island Railroad East Side
Access.
338
(54) New York—Staten Island Ferry—Whitehall
Intermodal Terminal.
(55) New York Susquehanna and Western Com-
muter Rail.
(56) New Jersey Urban Core.
(57) Norfolk—Virginia Beach Corridor.
(58) Oklahoma City—MAPS Link.
(59) Orange County—Fullerton—Irvine Cor-
ridor.
(60) Orlando—I–4 Central Florida Light Rail
System.
(61) Philadelphia—Schuykill Valley Metro.
(62) Phoenix—Fixed Guideway.
(63) Colorado—Roaring Fork Valley Rail.
(64) Pittsburgh Airborne Shuttle System.
(65) Pittsburgh—MLK Busway Extension.
(66) Portland—South-North Corridor.
(67) Portland—Westside-Hillsboro Corridor.
(68) Raleigh-Durham—Regional Transit Plan.
(69) Sacramento—Folsom Extension.
(70) Sacramento—Placer County Corridor.
(71) Sacramento—South Corridor.
(72) Salt Lake City—Light Rail (Airport to
University of Utah).
339
(73) Salt Lake City—Ogden-Provo Commuter
Rail.
(74) Salt Lake City—South LRT.
(75) San Diego—Mid-Coast LRT Corridor.
(76) San Diego—Mission Valley East Corridor.
(77) San Diego—Oceanside—Escondido Cor-
ridor.
(78) San Francisco—BART to San Francisco
International Airport Extension.
(79) San Francisco—Bayshore Corridor.
(80) San Jose—Tasman Corridor Light Rail.
(81) San Juan—Tren Urbano.
(82) San Juan—Tren Urbano Extension to
Minellas.
(83) Santa Cruz—Fixed Guideway.
(84) Seattle—Southworth High Speed Ferry.
(85) Seattle—Sound Move Corridor.
(86) South Boston—Piers Transitway.
(87) St. Louis—Cross County Corridor.
(88) Stockton—Altamont Commuter Rail.
(89) Tampa Bay—Regional Rail.
(90) Twin Cities—Northstar Commuter Rail
(Northtown Hub, Anoka County—St. Cloud).
(91) Twin Cities—Transitways Corridors.
340
(92) Washington—Richmond Rail Corridor Im-
provements.
(93) Washington, D.C.—Dulles Corridor Exten-
sion.
(94) Washington, D.C.—Largo Extension.
(95) West Trenton Line (West Trenton-Newark).
(96) Westlake—Commuter Rail Link.
(b) ALTERNATIVES ANALYSIS AND PRELIMINARY ENGI-
NEERING.—The following projects are authorized for alter-
natives analysis and preliminary engineering for fiscal
years 1998 through 2003 under section 5309(m)(1)(B) of
title 49, United States Code:
(1) Albuquerque—High Capacity Corridor.
(2) Atlanta—Georgia 400 Multimodal Corridor.
(3) Atlanta—MARTA Extension (S. DeKalb-
Lindbergh).
(4) Atlanta—MARTA I–285 Transit Corridor.
(5) Atlanta—MARTA Marietta-Lawrenceville
Corridor.
(6) Atlanta—MARTA South DeKalb Com-
prehensive Transit Program.
(7) Baltimore—Metropolitan Rail Corridor.
(8) Baltimore—People Mover.
(9) Bergen County Cross—County Light Rail.
(10) Birmingham Transit Corridor.
341
(11) Boston—Urban Ring.
(12) Charleston—Monobeam.
(13) Chicago—Cominsky Park Station.
(14) Chicago—Inner Circumferential Commuter
Rail.
(15) Cumberland/Dauphin County Corridor 1
Commuter Rail.
(16) Dallas—DART LRT Extensions.
(17) Dallas—Las Colinas Corridor.
(18) Dayton—Regional Riverfront Corridor.
(19) El Paso—International Fixed Guideway
(El Paso-Juarez).
(20) Fremont—South Bay Corridor.
(21) 
Georgetown 
Branch 
(Bethesda-Silver
Spring).
(22) Houston—Advanced Transit Program.
(23) Jacksonville—Fixed Guideway Corridor.
(24) Kenosha-Racine—Milwaukee Rail Exten-
sion.
(25) Knoxville—Electric Transit.
(26) Lorain—Cleveland Commuter Rail.
(27) Los Angeles—MOS–4 East Side Extension
(II).
(28) Los Angeles—MOS–4 San Fernando Valley
East-West.
342
(29) Los Angeles—LOSSAN (Del Mar-San
Diego).
(30) Maine High Speed Ferry Service.
(31) Maryland Route 5 Corridor.
(32) Memphis—Regional Rail Plan.
(33) Miami—Kendall Corridor.
(34) Miami—Northeast Corridor.
(35) Miami—Palmetto Metrorail.
(36) New Jersey Trans-Hudson Midtown Cor-
ridor.
(37) New Orleans—Airport—CBD Commuter
Rail.
(38) New Orleans—Desire Streetcar.
(39) New York—Astoria—East Elmhurst Exten-
sion.
(40) 
New 
York—Broadway—Lafayette 
&
Bleecker St Transfer.
(41) New York—Brooklyn—Manhattan Access.
(42) New York—Lower Manhattan Access.
(43) New York—Manhattan East Side Link.
(44) New York—Midtown West Intermodal Ter-
minal.
(45) New York—Nassau Hub.
(46) New York—North Shore Railroad.
(47) New York—Queens West Light Rail Link.
343
(48) New York—St. George’s Ferry Intermodal
Terminal.
(49) Newburgh—LRT System.
(50) North Front Range Corridor.
(51) Northeast Indianapolis Corridor.
(52) Oakland Airport—BART Connector.
(53) Philadelphia—Broad Street Line Exten-
sion.
(54) Philadelphia—Cross County Metro.
(55) Philadelphia—Lower Marion Township.
(56) 
Pinellas 
County—Mobility 
Initiative
Project.
(57) Pittsburgh—Stage II Light Rail Recon-
struction.
(58) Redlands—San Bernardino Transportation
Corridor.
(59) Riverside—Perris rail passenger service.
(60) Salt Lake City—Draper Light Rail Exten-
sion.
(61) Salt Lake City—West Jordan Light Rail
Extension.
(62) San Francisco—CalTrain Extension to
Hollister.
(63) Scranton—Laurel Line Intermodal Cor-
ridor.
344
(64) SEATAC—Personal Rapid Transit.
(65) Toledo—CBD to Zoo.
(66) Union Township Station (Raritan Valley
Line).
(67) Washington County Corridor (Hastings-St.
Paul).
(68) Washington, D.C.—Georgetown-Ft. Lincoln.
(69) 
Williamsburg—Newport 
News-Hampton
LRT.
(70) Cincinnati/N. Kentucky—Northeast Cor-
ridor.
(71) Northeast Ohio—commuter rail.
(c) EFFECT OF AUTHORIZATION.—
(1) IN GENERAL.—Projects authorized by sub-
section (a) for final design and construction are also
authorized for alternatives analysis and preliminary
engineering.
(2) FIXED
GUIDEWAY
AUTHORIZATION.—The
project authorized by subsection (a)(3) includes an
additional 28 rapid rail cars and project scope
changes from amounts authorized by the Intermodal
Surface Transportation Efficiency Act of 1991.
(3) INTERMODAL
CENTER
AUTHORIZATION.—
Notwithstanding any other provision of law, the Hun-
tington, West Virginia Intermodal Facility project is
345
eligible for funding under section 5309(m)(1)(C) of
title 49, United States Code.
(d) NEW JERSEY URBAN CORE PROJECT.—
(1) ALLOCATIONS.—Section 3031(a) of the Inter-
modal Surface Transportation Efficiency Act of 1991
(105 Stat. 2122) is amended by adding at the end the
following:
‘‘(3) ALLOCATIONS.—
‘‘(A) RAIL
CONNECTION
BETWEEN
PENN
STATION NEWARK AND BROAD STREET STATION,
NEWARK.—Of the amounts made available for
the New Jersey Urban Core Project under section
5309(m)(1)(B) of title 49, United States Code,
for fiscal years 1998 through 2003, the Secretary
shall set aside 10 percent, but not more than
$5,000,000, per fiscal year for preliminary engi-
neering, design, and construction of the rail con-
nection between Penn Station, Newark and
Broad Street Station, Newark.
‘‘(B) NEWARK—NEWARK
INTERNATIONAL
AIRPORT—ELIZABETH
TRANSIT
LINK.—Of the
amounts made available for the New Jersey
Urban Core Project under section 5309(m)(1)(B)
of title 49, United States Code, for fiscal years
1998 through 2003, the Secretary, after making
346
the set aside under subparagraph (A), shall set
aside 10 percent, but not more than $5,000,000,
per fiscal year for preliminary engineering, de-
sign, and construction of the Newark—Newark
International Airport—Elizabeth Transit Link,
including construction of the auxiliary New Jer-
sey Transit station, described in subsection (d).
‘‘(C) LIGHT RAIL CONNECTION AND ALIGN-
MENT WITHIN AND SERVING THE CITY OF ELIZA-
BETH.—Of amounts made available for the New
Jersey 
Urban 
Core 
Project 
under 
section
5309(m)(1)(B) of title 49, United States Code,
for fiscal years 1998 through 2003, the Secretary,
after making the set-aside under subparagraphs
(A) and (B), shall set aside 10 percent but not
more than $5,000,000 per fiscal year for prelimi-
nary engineering, design, and construction of the
light rail connection and alignment within and
serving the city of Elizabeth as described in sub-
section (d).’’.
(2) CONFORMING AMENDMENT.—Section 3031(c)
of such Act is amended—
(A) by striking ‘‘section 3(i) of the Federal
Transit Act (relating to criteria for new starts)’’
347
and inserting ‘‘section 5309(e) of title 49, United
States Code,’’; and
(B) by striking ‘‘; except’’ and all that fol-
lows through ‘‘such element’’.
(3) ELEMENTS
OF
NEW
JERSEY
URBAN
CORE
PROJECT.—Section 3031(d) of such Act is amended—
(A) by inserting after ‘‘Secaucus Transfer’’
the following: ‘‘(including relocation and con-
struction of the Bergen County and Pascack Val-
ley Rail Lines and the relocation of the Main/
Bergen Connection with construction of a rail
station and associated components to and at the
contiguous New Jersey Meadowlands Sports
Complex)’’;
(B) by striking ‘‘, Newark-Newark Inter-
national Airport-Elizabeth Transit Link’’ and
inserting the following: ‘‘(including a connection
from 
the 
Vince 
Lombardi 
Station 
to
Saddlebrook), Newark-Newark International Air-
port-Elizabeth Transit Link (including construc-
tion of an auxiliary New Jersey Light Rail
Transit station directly connected to and inte-
grated with the Amtrak Northeast Corridor Sta-
tion at Newark International Airport, providing
access from the Newark-Newark International
348
Airport-Elizabeth Light Rail Transit Link to the
Newark International Airport)’’; and
(C) by inserting after ‘‘New York Penn Sta-
tion Concourse,’’ the following: ‘‘the restoration
of commuter rail service in Lakewood to Free-
hold to Matawan or Jamesburg, New Jersey, as
described in section 3035(p) of the Intermodal
Surface Transportation Efficiency Act of 1991
(105 Stat. 2131), a light rail extension of the
Newark-Newark International Airport-Elizabeth
Light Rail Transit Link from Elizabeth, New
Jersey, to the towns of Cranford, Westfield,
Fanwood, and Plainfield in Union County, New
Jersey, and any appropriate light rail connec-
tions and alignments within the city of Elizabeth
to be determined by the city of Elizabeth and the
New Jersey Department of Transportation (and
which shall include connecting midtown Eliza-
beth to Route 1 Park and Ride, the Elizabeth
Car House Museum, Division Street, Singer
Place, Ferry Terminal, Jersey Gardens Mall,
Elizabeth Port to Lot D at Newark Airport) and
any appropriate fixed guideway system in Pas-
saic County,’’.
349
SEC. 333. PROJECTS FOR BUS AND BUS-RELATED FACILI-
TIES.
Of the amounts made available to carry out section
5309(m)(1)(C) for each of fiscal years 1999 and 2000, the
Secretary shall make funds available for the following
projects in not less than the amounts specified for the fiscal
year:
Project
FY 1999
(in millions)
FY 2000
(in millions)
1.
Albuquerque, NM buses ...................................
1.250
1.250
2.
Alexandria, VA bus maintenance facility .....
1.000
1.000
3.
Alexandria, VA King Street Station access ..
1.100
0.000
4.
Altoona, PA Metro Transit Authority buses
and transit system improvements ..............
0.842
0.842
5.
Altoona, PA Metro Transit Authority Logan
Valley Mall Suburban Transfer Center .....
0.080
0.000
6.
Altoona, PA Metro Transit Authority Tran-
sit Center improvements .............................
0.424
0.000
7.
Arkansas Highway and Transit Department
buses ..............................................................
0.200
0.000
8.
Armstrong County-Mid County, PA bus fa-
cilities and buses .........................................
0.150
0.150
9.
Atlanta, GA MARTA buses ............................
9.000
13.500
10.
Austin, TX buses ..............................................
1.250
1.250
11.
Babylon, NY Intermodal Center .....................
1.250
1.250
12.
Birmingham-Jefferson County, AL buses ......
1.250
1.250
13.
Boulder/Denver, CO RTD buses .....................
0.625
0.625
14.
Bradford County, Endless Mountain Trans-
portation Authority buses ...........................
1.000
0.000
15.
Brookhaven Town, NY elderly and disabled
buses and vans .............................................
0.225
0.000
16.
Brooklyn-Staten 
Island, 
NY 
Mobility
Enhancement buses .....................................
0.800
0.000
17.
Broward County, FL buses .............................
1.000
0.000
18.
Buffalo, NY Auditorium Intermodal Center
2.000
2.000
19.
Buffalo, NY Crossroads Intermodal Station
1.000
0.000
20.
Cambria County, PA bus facilities and buses
0.575
0.575
21.
Centre Area, PA Transportation Authority
buses ..............................................................
1.250
1.250
22.
Chambersburg, PA Transit Authority buses
0.300
0.000
23.
Chambersburg, PA Transit Authority Inter-
modal Center ................................................
1.000
0.000
24.
Chatham, GA Downtown Transfer Center,
Multimodal Circulator and Southside
Transit Center .............................................
1.250
1.250
25.
Chester County, PA Paoli Transportation
Center ...........................................................
1.000
1.000
350
Project
FY 1999
(in millions)
FY 2000
(in millions)
26.
Clark County, NV Regional Transportation
Commission buses ........................................
1.250
1.250
27.
Cleveland, 
OH 
Triskett 
Garage 
bus
maintenance facility ...................................
0.625
0.625
28.
Crawford Area, PA Transportation buses .....
0.500
0.000
29.
Culver City, CA CityBus buses ......................
1.250
1.250
30.
Davis, CA Unitrans transit maintenance fa-
cility .............................................................
0.625
0.625
31.
Dayton, OH Multimodal Transportation
Center ...........................................................
0.625
0.625
32.
Daytona, FL Intermodal Center ....................
2.500
2.500
33.
Duluth, MN Transit Authority community
circulation vehicles ......................................
1.000
1.000
34.
Duluth, MN Transit Authority intelligent
transportation systems ................................
0.500
0.500
35.
Duluth, MN Transit Authority Transit Hub
0.500
0.500
36.
Dutchess County, NY Loop System buses ......
0.521
0.521
37.
East Hampton, NY elderly and disabled
buses and vans .............................................
0.100
0.000
38.
Erie, PA Metropolitan Transit Authority
buses ..............................................................
1.000
1.000
39.
Everett, WA Multimodal Transportation
Center ...........................................................
1.950
1.950
40.
Fayette County, PA Intermodal Facilities
and buses ......................................................
1.270
1.270
41.
Fayetteville, AR University of Arkansas
Transit System buses ..................................
0.500
0.000
42.
Fort Dodge, IA Intermodal Facility (Phase
II) .................................................................
0.885
0.885
43.
Gary, IN Transit Consortium buses ..............
1.250
1.250
44.
Grant County, WA buses and vans ................
0.600
0.000
45.
Greensboro, NC Multimodal Center ...............
3.340
3.339
46.
Greensboro, NC Transit Authority buses .......
1.500
1.500
47.
Greensboro, NC Transit Authority small
buses and vans .............................................
0.321
0.000
48.
Hartford, CT Transportation Access Project
0.800
0.000
49.
Healdsburg, CA Intermodal Facility .............
1.000
1.000
50.
Honolulu, HI bus facility and buses .............
2.250
2.250
51.
Hot Springs, AR Transportation Depot and
Plaza .............................................................
0.560
0.560
52.
Humboldt, CA Intermodal Facility ...............
1.000
0.000
53.
Huntington, WV Intermodal Facility ...........
8.000
12.000
54.
Illinois statewide buses and bus-related
equipment .....................................................
6.800
8.200
55.
Indianapolis, IN buses ....................................
5.000
5.000
56.
Iowa/Illinois Transit Consortium bus safety
and security .................................................
1.000
1.000
57.
Ithaca, 
NY 
TCAT 
bus 
technology
improvements ...............................................
1.250
1.250
58.
Lackawanna County, PA Transit System
buses ..............................................................
0.600
0.600
59.
Lakeland, FL Citrus Connection transit ve-
hicles and related equipment ......................
1.250
1.250
351
Project
FY 1999
(in millions)
FY 2000
(in millions)
60.
Lane County, OR Bus Rapid Transit ...........
4.400
4.400
61.
Lansing, 
MI 
CATA 
bus 
technology
improvements ...............................................
0.600
0.000
62.
Little Rock, AR Central Arkansas Transit
buses ..............................................................
0.300
0.000
63.
Livermore, CA automatic vehicle locator ......
1.000
1.000
64.
Long Island, NY CNG transit vehicles and
facilities ........................................................
1.250
1.250
65.
Los Angeles County, CA Foothill Transit
buses ..............................................................
1.625
1.625
66.
Los Angeles County, CA MTOC buses ...........
1.000
1.000
67.
Los Angeles, CA San Fernando Valley smart
shuttle buses .................................................
0.300
0.000
68.
Los Angeles, CA Union Station Gateway
Intermodal Transit Center .........................
1.250
1.250
69.
Louisiana statewide bus facilities and buses
8.000
12.000
70.
Maryland statewide bus facilities and buses
7.000
11.500
71.
Mercer County, PA buses ................................
0.750
0.000
72.
Miami Beach, FL Electric Shuttle Service ...
0.750
0.750
73.
Miami-Dade, FL buses ....................................
1.750
1.750
74.
Michigan statewide buses ................................
10.000
13.500
75.
Milwaukee County, WI buses ..........................
4.000
6.000
76.
Mineola/Hicksville, NY LIRR Intermodal
Centers ..........................................................
1.250
1.250
77.
Mobile, AL GM&O Intermodal Facility ........
0.750
0.000
78.
Modesto, CA bus maintenance facility ...........
0.625
0.625
79.
Monroe 
County, 
PA 
Transportation
Authority buses ............................................
1.000
0.000
80.
Monterey, CA Monterey-Salinas buses ...........
0.625
0.625
81.
Morango Basin, CA Transit Authority bus
facility ..........................................................
0.650
0.000
82.
New Haven, CT bus facility ...........................
2.250
2.250
83.
New Jersey Transit jitney shuttle buses ........
1.750
1.750
84.
Newark, NJ Morris & Essex Station access
and buses ......................................................
1.250
1.250
85.
Northstar 
Corridor, 
MN 
Intermodal
Facilities and buses .....................................
6.000
10.000
86.
Norwalk, CA transit facility ..........................
0.500
0.500
87.
Norwich, CT buses ...........................................
2.250
2.250
88.
Ogden, UT Intermodal Center ........................
0.800
0.800
89.
Oklahoma statewide bus facilities and buses
5.000
5.000
90.
Orlando, FL Downtown Intermodal Facility
2.500
2.500
91.
Palm Springs, CA fuel cell buses ...................
1.000
1.000
92.
Perris, CA bus maintenance facility .............
1.250
1.250
93.
Philadelphia, PA Frankford Transportation
Center ...........................................................
5.000
5.000
94.
Philadelphia, PA Intermodal 30th Street
Station .........................................................
1.250
1.250
95.
Portland, OR Tri-Met buses ...........................
1.750
1.750
96.
Pritchard, AL bus transfer facility ................
0.500
0.000
97.
Reading, 
PA 
BARTA 
Intermodal
Transportation Facility ..............................
1.750
1.750
98.
Red Rose, PA Transit Bus Terminal ............
1.000
0.000
352
Project
FY 1999
(in millions)
FY 2000
(in millions)
99.
Richmond, VA GRTC bus maintenance facil-
ity .................................................................
1.250
1.250
100.
Riverhead, NY elderly and disabled buses
and vans .......................................................
0.125
0.000
101.
Robinson, PA Towne Center Intermodal Fa-
cility .............................................................
1.500
1.500
102.
Rome, NY Intermodal Center .........................
0.400
0.000
103.
Sacramento, CA CNG buses ...........................
1.000
0.000
104.
San Francisco, CA Islais Creek Maintenance
Facility .........................................................
1.250
1.250
105.
San Juan, Puerto Rico Intermodal access ....
0.600
0.600
106.
Santa Clarita, CA facilities and buses ..........
1.250
1.250
107.
Santa Cruz, CA bus facility ...........................
0.625
0.625
108.
Santa Rosa/Cotati, CA Intermodal Trans-
portation Facilities .....................................
0.750
0.750
109.
Seattle, WA Intermodal Transportation Ter-
minal ............................................................
1.250
1.250
110.
Shelter Island, NY elderly and disabled buses
and vans .......................................................
0.100
0.000
111.
Smithtown, NY elderly and disabled buses
and vans .......................................................
0.125
0.000
112.
Somerset County, PA bus facilities and buses
0.175
0.175
113.
South Amboy, NJ Regional Intermodal
Transportation Initiative ...........................
1.250
1.250
114.
South Bend, IN Urban Intermodal Trans-
portation Facility ........................................
1.250
1.250
115.
South Carolina statewide Virtual Transit
Enterprise ....................................................
1.220
1.220
116.
South Dakota statewide bus facilities and
buses ..............................................................
1.500
1.500
117.
Southampton, NY elderly and disabled buses
and vans .......................................................
0.125
0.000
118.
Southold, NY elderly and disabled buses and
vans ..............................................................
0.100
0.000
119.
Springfield, MA Union Station .....................
1.250
1.250
120.
St. Louis, MO Bi-state Intermodal Center ....
1.250
1.250
121.
Stapleton, CO Intermodal Center ..................
1.250
1.250
122.
Suffolk County, NY elderly and disabled
buses and vans .............................................
0.100
0.000
123.
Texas statewide small urban and rural buses
4.000
4.500
124.
Towamencin Township, PA Intermodal Bus
Transportation Center ................................
1.500
1.500
125.
Tuscaloosa, AL Intermodal Center ................
1.000
0.000
126.
Tuscon, AZ Intermodal Center ......................
1.250
1.250
127.
Ukiah, CA Transportation Center .................
0.500
0.000
128.
Utah Transit Authority, UT Intermodal Fa-
cilities ...........................................................
1.500
1.500
129.
Utah Transit Authority/Park City Transit,
UT buses .......................................................
6.500
6.500
130.
Utica, NY Union Station ...............................
2.100
2.100
131.
Utica and Rome, NY bus facilities and buses
0.500
0.000
132.
Washington 
County, 
PA 
Intermodal
Facilities ......................................................
0.630
0.630
353
Project
FY 1999
(in millions)
FY 2000
(in millions)
133.
Washington, D.C. Intermodal Transpor-
tation Center ................................................
2.500
2.500
134.
Washoe County, NV transit improvements ...
1.250
1.250
135.
Waterbury, CT bus facility .............................
2.250
2.250
136.
West Virginia statewide Intermodal Facility
and buses ......................................................
5.000
5.000
137.
Westchester County, NY Bee-Line transit
system fareboxes ...........................................
0.979
0.979
138.
Westchester County, NY Bee-Line transit
system shuttle buses .....................................
1.000
1.000
139.
Westchester County, NY DOT articulated
buses ..............................................................
1.250
1.250
140.
Westmoreland County, PA Intermodal Facil-
ity .................................................................
0.200
0.200
141.
Wilkes-Barre, PA Intermodal Facility ..........
1.250
1.250
142.
Williamsport, PA buses ...................................
1.200
1.200
143.
Windsor, CA Intermodal Facility ..................
0.750
0.750
144.
Wisconsin statewide bus facilities and buses
8.000
12.000
145.
Woodland Hills, CA Warner Center Trans-
portation Hub ..............................................
0.325
0.625
146.
Worcester, MA Union Station Intermodal
Transportation Center ................................
2.500
2.500
147.
Lynchburg, VA buses .......................................
0.200
0.000
148.
Harrisonburg, VA buses ..................................
0.200
0.000
149.
Roanoke, VA buses ...........................................
0.200
0.000
SEC. 334. PROJECT MANAGEMENT OVERSIGHT.
(a) STUDY.—The Comptroller General shall conduct a
study of the Secretary of Transportation’s implementation
of project management oversight under section 5327 of title
49, United States Code.
(b) CONTENTS.—The study shall include the following:
(1) A listing of the amounts made available
under section 5327(c)(1) of title 49, United States
Code, for project management oversight in each of fis-
cal years 1992 through 1997 and a description of the
activities funded using such amounts.
354
(2) A description of the major capital projects
subject to project management oversight, including the
grant amounts for such projects.
(3) A description of the contracts entered into for
project management oversight, including the scope of
work and dollar amounts of such contracts.
(4) A determination of whether the project man-
agement oversight activities conducted by the Sec-
retary are authorized under section 5327.
(5) A description of any cost savings or program
improvements resulting from project management
oversight.
(6) Recommendations regarding any changes
that would improve the project management oversight
function.
(c) REPORT.—Not later than 12 months after the date
of the enactment of this Act, the Comptroller General shall
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate a
report containing the results of the study.
SEC. 335. PRIVATIZATION.
(a) STUDY.—Not later than 3 months after the date
of the enactment of this Act, the Secretary shall enter into
an agreement with the Transportation Research Board of
355
the National Academy of Sciences to conduct a study of the
effect of privatization or contracting out mass transpor-
tation operation and administrative functions on cost,
availability and level of service, efficiency, safety, quality
of services provided to transit-dependent populations, and
employer-employee relations.
(b) TERMS OF AGREEMENT.—The agreement entered
into in subsection (a) shall provide that—
(1) the Transportation Research Board, in con-
ducting the study, consider the number of grant re-
cipients that have privatized or contracted out serv-
ices, the size of the population served by such grant
recipients, the basis for decisions regarding privatiza-
tion or contracting out, and the extent to which con-
tracting out was affected by the integration and co-
ordination of resources of transit agencies and other
Federal agencies and programs; and
(2) the panel conducting the study shall include
representatives of transit agencies, employees of tran-
sit agencies, private contractors, academic and policy
analysts, and other interested persons.
(c) REPORT.—Not later than 24 months after the date
of entry into the agreement under subsection (a), the Sec-
retary shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
356
Committee on Banking, Housing, and Urban Affairs of the
Senate a report containing the results of the study.
(d) FUNDING.—There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out
this section $200,000 for fiscal year 1998, subject to the obli-
gation limitation set forth in section 329(b).
(e) CONTRACTUAL OBLIGATION.—Entry into an agree-
ment to carry out this section that is financed with amounts
made available under subsection (c) is a contractual obliga-
tion of the United States to pay the Government’s share
of the cost of the study.
SEC. 336. SCHOOL TRANSPORTATION SAFETY.
(a) STUDY.—Not later than 3 months after the date
of the enactment of this Act, the Secretary shall enter into
an agreement with the Transportation Research Board of
the National Academy of Sciences to conduct a study of the
safety issues attendant to transportation of school children
to and from school and school-related activities by various
transportation modes.
(b) TERMS OF AGREEMENT.—The agreement entered
into in subsection (a) shall provide that—
(1) the Transportation Research Board, in con-
ducting the study, consider—
(A) in consultation with the National
Transportation Safety Board, the Bureau of
357
Transportation Statistics, and other relevant en-
tities, available crash injury data, and if un-
available or insufficient, recommend a new data
collection regimen and implementation guide-
lines; and
(B) vehicle design and driver training re-
quirements, routing, and operational factors that
affect safety and other factors that the Secretary
considers appropriate; and
(2) the panel conducting the study shall include
representatives of highway safety organizations, school
transportation, mass transportation operators, em-
ployee organizations, bicycling organizations, aca-
demic and policy analysts, and other interested par-
ties.
(c) REPORT.—Not later than 12 months after the date
of entry into the agreement under subsection (a), the Sec-
retary shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report containing the results of the study.
(d) FUNDING.—There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out
this section $200,000 for fiscal year 1998, subject to the obli-
gation limitation set forth in section 329(b).
358
(e) CONTRACTUAL OBLIGATION.—Entry into an agree-
ment to carry out this section that is financed with amounts
made available under subsection (c) is a contractual obliga-
tion of the United States to pay the Government’s share
of the cost of the study.
SEC. 337. URBANIZED AREA FORMULA STUDY.
(a) STUDY.—The Secretary shall conduct a study to
determine whether the current formula for apportioning
funds to urbanized areas accurately reflects the transit
needs of the urbanized areas and if not whether any changes
should be made either to the formula or through some other
mechanism to reflect the fact that some urbanized areas
with a population between 50,000 and 200,000 have transit
systems that carry more passengers per mile or hour than
the average of those transit systems in urbanized areas with
a population over 200,000.
(b) REPORT.—Not later than December 31, 1999, the
Secretary shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives
and the Committee on Banking, Housing, and Urban Af-
fairs of the Senate a report on the results of the study con-
ducted under this section together with any proposed
changes to the method for apportioning funds to urbanized
areas with a population over 50,000.
359
SEC. 338. COORDINATED TRANSPORTATION SERVICES.
(a) STUDY.—The Comptroller General shall conduct a
study of Federal departments and agencies (other than the
Department of Transportation) that receive Federal finan-
cial assistance for non-emergency transportation services.
(b) CONTENTS.—In conducting the study, the Comp-
troller General shall—
(1) identify each Federal department and agency
(other than the Department of Transportation) that
has received Federal financial assistance for non-
emergency transportation services in any of the 3 fis-
cal years preceding the date of the enactment of this
Act;
(2) identify the amount of such assistance re-
ceived by each Federal department and agency in
such fiscal years; and
(3) identify the projects and activities funded
using such financial assistance.
(c) REPORT.—Not later than 1 year after the date of
the enactment of this Act, the Comptroller General shall
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate a
report containing the results of the study and any rec-
ommendations for enhanced coordination between the De-
partment of Transportation and other Federal departments
360
and agencies that provide funding for non-emergency trans-
portation.
SEC. 339. FINAL ASSEMBLY OF BUSES.
(a) STUDY.—The Comptroller General shall conduct a
study to review monitoring by the Federal Transit Admin-
istration of preaward and post-delivery audits for compli-
ance with the requirements for final assembly of buses of
section 5323(j) of title 49, United States Code.
(b) REPORT.—Not later than 6 months after the date
of the enactment of this Act, the Comptroller General shall
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate a
report containing the results of the study.
TITLE IV—MOTOR CARRIER
SAFETY
SEC. 401. AMENDMENTS TO TITLE 49, UNITED STATES
CODE.
Except as otherwise specifically provided, whenever in
this title an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision
of law, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.
361
SEC. 402. STATE GRANTS.
(a) OBJECTIVE AND DEFINITIONS.—Section 31101 is
amended—
(1) by striking
‘‘§ 31101. Definitions’’
and inserting the following:
‘‘§ 31101. Objective and definitions’’;
(2) in paragraph (1)(A)—
(A) by inserting ‘‘or gross vehicle weight’’
after ‘‘rating’’; and
(B) by striking ‘‘10,000 pounds’’ and in-
serting ‘‘10,001 pounds, whichever is greater’’;
(3) in paragraph (1)(C) by inserting ‘‘and
transported in a quantity requiring placarding under
regulations prescribed by the Secretary under section
5103’’ after ‘‘title’’;
(4) by striking ‘‘In this subchapter—’’ and in-
serting the following:
‘‘(b) DEFINITIONS.—In this subchapter the following
definitions apply:’’; and
(5) by inserting after the section heading the fol-
lowing:
‘‘(a) OBJECTIVE.—The objective of this subchapter is
to ensure that the Secretary, States, and other political ju-
risdictions establish programs to improve motor carrier,
362
commercial motor vehicle, and driver safety to support a
safe and efficient transportation system by—
‘‘(1) promoting safe for-hire and private trans-
portation, including transportation of passengers and
hazardous materials, to reduce the number and sever-
ity of commercial motor vehicle crashes;
‘‘(2) developing and enforcing effective, compat-
ible, and cost-beneficial motor carrier, commercial
motor vehicle, and driver safety regulations and prac-
tices, including enforcement of State and local traffic
safety laws and regulations;
‘‘(3) assessing and improving statewide program
performance by setting program outcome goals, im-
proving problem identification and countermeasures
planning, designing appropriate performance stand-
ards, measures, and benchmarks, improving perform-
ance information, and monitoring program effective-
ness;
‘‘(4) ensuring that drivers of commercial motor
vehicles and enforcement personnel obtain adequate
training in safe operational practices and regulatory
requirements; and
‘‘(5) advancing promising technologies and en-
couraging adoption of safe operational practices.’’.
363
(b) PERFORMANCE-BASED GRANTS AND HAZARDOUS
MATERIALS TRANSPORTATION SAFETY.—Section 31102 is
amended—
(1) in subsection (a)—
(A) by inserting ‘‘improving motor carrier
safety and’’ after ‘‘programs for’’; and
(B) by inserting ‘‘, hazardous material
transportation safety,’’ after ‘‘commercial motor
vehicle safety’’; and
(2) in the first sentence of paragraph (b)(1)—
(A) by striking ‘‘adopt and assume respon-
sibility for enforcing’’ and inserting ‘‘assume re-
sponsibility for improving motor carrier safety
and to adopt and enforce’’; and
(B) by inserting ‘‘, hazardous material
transportation safety,’’ after ‘‘commercial motor
vehicle safety’’.
(c) CONTENTS OF STATE PLANS.—Section 31102(b)(1)
is amended—
(1) in subparagraph (J) by inserting ‘‘(1)’’ after
‘‘(c)’’;
(2) by striking subparagraphs (K), (L), (M), and
(N) and inserting the following:
‘‘(K) ensures consistent, effective, and reasonable
sanctions;
364
‘‘(L) ensures that the State agency will coordi-
nate the plan, data collection, and information sys-
tems with State highway safety programs under title
23;
‘‘(M) ensures participation in motor carrier,
commercial motor vehicle, and driver information
systems by all appropriate jurisdictions receiving
funding under this section;
‘‘(N) implements performance-based activities by
fiscal year 2003;’’;
(3) in subparagraph (O)—
(A) by inserting after ‘‘activities’’ the fol-
lowing: ‘‘in support of national priorities and
performance goals, including’’;
(B) by striking ‘‘to remove’’ in clause (i)
and inserting ‘‘activities aimed at removing’’;
(C) by striking ‘‘to provide’’ in clause (ii)
and inserting ‘‘activities aimed at providing’’;
and
(D) by inserting ‘‘and’’ after the semicolon
at the end of clause (ii); and
(E) by striking clauses (iii) and (iv) and
inserting the following:
‘‘(iii) interdiction activities affecting the
transportation of controlled substances by com-
365
mercial motor vehicle drivers and training on
appropriate strategies for carrying out those
interdiction activities;’’;
(4) by striking subparagraph (P) and inserting
the following:
‘‘(P) provides that the State will establish a pro-
gram to ensure the proper and timely correction of
commercial motor vehicle safety violations noted dur-
ing an inspection carried out with funds authorized
under section 31104;’’;
(5) by striking the period at the end of subpara-
graph (Q) and inserting ‘‘; and’’; and
(6) by adding at the end the following:
‘‘(R) ensures that roadside inspections will be
conducted only at a distance that is adequate to pro-
tect the safety of drivers and enforcement personnel.’’.
(d) UNITED
STATES
GOVERNMENT’S
SHARE
OF
COSTS.—The first sentence of section 31103 is amended by
inserting ‘‘improve commercial motor vehicle safety and’’
before ‘‘enforce’’.
(e) AVAILABILITY OF AMOUNTS.—Section 31104(a) of
such title is amended to read as follows:
‘‘(a) IN GENERAL.—The following amounts are made
available from the Highway Trust Fund (other than the
366
Mass Transit Account) for the Secretary of Transportation
to incur obligations to carry out section 31102:
‘‘(1) Not more than $78,000,000 for fiscal year
1998.
‘‘(2) Not more than $110,000,000 for fiscal year
1999.
‘‘(3) Not more than $130,000,000 for each of fis-
cal years 2000 through 2003.’’
(f) CONFORMING AMENDMENT.—Section 31104(b) is
amended by striking ‘‘(1)’’ and by striking paragraph (2).
(g) ALLOCATION CRITERIA AND ELIGIBILITY.—Section
31104 is further amended—
(1) by striking subsections (f) and (g) and in-
serting the following:
‘‘(f) ALLOCATION CRITERIA AND ELIGIBILITY.—
‘‘(1) IN GENERAL.—On October 1 of each fiscal
year or as soon after that date as practicable and
after making the deduction under subsection (e), the
Secretary shall allocate amounts made available to
carry out section 31102 for such fiscal year among
the States with plans approved under section 31102.
Such allocation shall be made under such criteria as
the Secretary prescribes by regulation.
‘‘(2) 
HIGH-PRIORITY
ACTIVITIES
AND
PROJECTS.—The Secretary may designate up to 5
367
percent of amounts available for allocation under
paragraph (1) to reimburse—
‘‘(A) States for carrying out high priority
activities and projects that improve commercial
motor vehicle safety and compliance with com-
mercial motor vehicle safety regulations, includ-
ing activities and projects that are national in
scope, increase public awareness and education,
or demonstrate new technologies; and
‘‘(B) local governments and other persons
that use trained and qualified officers and em-
ployees, for carrying out activities and projects
described in subparagraph (A) in coordination
with State motor vehicle safety agencies.’’;
(2) by redesignating subsection (h) as subsection
(g);
(3) by striking subsection (i);
(4) by redesignating subsection (j) as subsection
(h); and
(5) in the first sentence of subsection (h), as so
redesignated, by striking ‘‘tolerance’’.
(h) CONFORMING AMENDMENT.—The table of sections
for chapter 311 is amended by striking the item relating
to section 31101 and inserting the following:
‘‘31101. Objective and definitions.’’.
368
SEC. 403. INFORMATION SYSTEMS.
(a) IN GENERAL.—Section 31106 is amended to read
as follows:
‘‘§ 31106. Information systems
‘‘(a) INFORMATION SYSTEMS AND DATA ANALYSIS.—
‘‘(1) IN GENERAL.—Subject to the provisions of
this section, the Secretary shall establish and operate
motor carrier, commercial motor vehicle, and driver
information systems and data analysis programs to
support safety activities required under this title.
‘‘(2) COORDINATION
INTO
NETWORK.—In co-
operation with the States, the information systems
under this section shall be coordinated into a network
providing identification of motor carriers and driv-
ers, commercial motor vehicle registration and license
tracking, and motor carrier, commercial motor vehi-
cle, and driver safety performance data.
‘‘(3) DATA
ANALYSIS
CAPACITY
AND
PRO-
GRAMS.—The Secretary shall develop and maintain
under this section data analysis capacity and pro-
grams that provide the means to—
‘‘(A) identify and collect necessary motor
carrier, commercial motor vehicle, and driver
data;
‘‘(B) evaluate the safety fitness of motor
carriers, commercial motor vehicles, and drivers;
369
‘‘(C) develop strategies to mitigate safety
problems and to measure the effectiveness of such
strategies and related programs;
‘‘(D) determine the cost-effectiveness of Fed-
eral and State safety and enforcement programs
and other countermeasures; and
‘‘(E) adapt, improve, and incorporate other
information and information systems as the Sec-
retary determines appropriate.
‘‘(4) STANDARDS.—To implement this section,
the Secretary may prescribe technical and operational
standards to ensure—
‘‘(A) uniform, timely, and accurate infor-
mation collection and reporting by the States
and other entities;
‘‘(B) uniform Federal, State, and local poli-
cies and procedures; and
‘‘(C) the reliability and availability of the
information to the Secretary, States, and others
as the Secretary determines appropriate.
‘‘(b) PERFORMANCE AND REGISTRATION INFORMATION
PROGRAM.—
‘‘(1) INFORMATION CLEARINGHOUSE.—The Sec-
retary shall include, as part of the information sys-
tems authorized by this section, a program to estab-
370
lish and maintain a clearinghouse and repository of
information related to State registration and licens-
ing of commercial motor vehicles and the motor car-
riers operating the vehicles. The clearinghouse and re-
pository shall include information on the safety fit-
ness of each motor carrier and registrant and other
information the Secretary considers appropriate, in-
cluding information on motor carrier, commercial
motor vehicle, and driver safety performance.
‘‘(2) DESIGN.—The program shall link Federal
safety information systems with State registration
and licensing systems and shall be designed to enable
a State to—
‘‘(A) determine the safety fitness of a motor
carrier or registrant when licensing or register-
ing the motor carrier or commercial motor vehi-
cle or while the license or registration is in effect;
and
‘‘(B) decide, in cooperation with the Sec-
retary, whether and what types of sanctions or
operating limitations to impose on the motor
carrier or registrant to ensure safety.
‘‘(3) CONDITIONS FOR PARTICIPATION.—The Sec-
retary shall require States, as a condition of partici-
pation in the program, to—
371
‘‘(A) comply with the technical and oper-
ational standards prescribed by the Secretary
under subsection (a)(4); and
‘‘(B) possess or seek authority to impose
commercial motor vehicle registration sanctions
or operating limitations on the basis of a Fed-
eral safety fitness determination.
‘‘(4) FUNDING.—Of the amounts made available
under section 31107, not more than $6,000,000 in
each of fiscal years 1998 through 2003 may be used
to carry out this subsection.
‘‘(c) COMMERCIAL MOTOR VEHICLE DRIVER SAFETY
PROGRAM.—In coordination with the information system
under section 31309, the Secretary is authorized to establish
a program to improve commercial motor vehicle driver safe-
ty. The objectives of the program shall include—
‘‘(1) enhancing the exchange of driver licensing
information among the States and among the States,
the Federal Government, and foreign countries;
‘‘(2) providing information to the judicial sys-
tem on commercial motor vehicle drivers;
‘‘(3) evaluating any aspect of driver performance
that the Secretary determines appropriate; and
‘‘(4) developing appropriate strategies and coun-
termeasures to improve driver safety.
372
‘‘(d) COOPERATIVE AGREEMENTS, GRANTS, AND CON-
TRACTS.—The Secretary may carry out this section either
independently or in cooperation with other Federal depart-
ments, agencies, and instrumentalities, or by making grants
to, and entering into contracts and cooperative agreements
with, States, local governments, associations, institutions,
corporations, and other persons.
‘‘(e) INFORMATION AVAILABILITY AND PRIVACY PRO-
TECTION.—
‘‘(1) AVAILABILITY OF INFORMATION.—The Sec-
retary shall make data collected in systems and
through programs under this section available to the
public to the maximum extent permissible under the
Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom
of Information Act (5 U.S.C. 552).
‘‘(2) REVIEW
OF
DATA.—The Secretary shall
allow individuals and motor carriers to whom the
data pertains to review periodically such data and to
request corrections or clarifications.
‘‘(3) STATE AND LOCAL OFFICIALS.—State and
local safety and enforcement officials shall have access
to data made available under this subsection to the
same extent as Federal safety and enforcement offi-
cials.’’.
373
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section
31107 is amended to read as follows:
‘‘§ 31107. Authorization of appropriations for informa-
tion systems
‘‘(a) IN GENERAL.—There shall be available from the
Highway Trust Fund (other than the Mass Transit Ac-
count) to carry out sections 31106 and 31309 of this title—
‘‘(1) $7,000,000 for fiscal year 1998;
‘‘(2) $15,000,000 for fiscal year 1999; and
‘‘(3) $20,000,000 for each of fiscal years 2000
through 2003.
The amounts made available under this subsection shall re-
main available until expended.
‘‘(b) CONTRACT AUTHORITY.—Approval by the Sec-
retary of a grant with funds made available under this sec-
tion imposes upon the United States Government a contrac-
tual obligation for payment of the Government’s share of
costs incurred in carrying out the objectives of the grant.’’.
(c) SUBCHAPTER HEADING.—The heading for sub-
chapter I of chapter 311 is amended by inserting after
‘‘GRANTS’’ the following: ‘‘AND OTHER COMMERCIAL
MOTOR VEHICLE PROGRAMS’’.
(d) CONFORMING AMENDMENTS.—The table of sections
for chapter 311 is amended—
(1) by striking
374
‘‘SUBCHAPTER I—STATE GRANTS’’
and inserting
‘‘SUBCHAPTER I—STATE GRANTS AND OTHER COMMERCIAL MOTOR
VEHICLE PROGRAMS’’;
(2) by striking the item relating to section 31106
and inserting the following:
‘‘31106. Information systems.’’; and
(3) by striking the item relating to section 31107
and inserting the following:
‘‘31107. Authorization of appropriations for information systems.’’.
SEC. 404. AUTOMOBILE TRANSPORTER DEFINED.
Section 31111(a) is amended—
(1) by striking ‘‘section—’’ and inserting ‘‘sec-
tion, the following definitions apply:’’;
(2) by inserting after ‘‘(1)’’ the following: ‘‘MAXI-
CUBE VEHICLE.—The term’’;
(3) by inserting after ‘‘(2)’’ the following:
‘‘TRUCK TRACTOR.—The term’’;
(4) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(5) by inserting before paragraph (2), as so re-
designated, the following:
‘‘(1) AUTOMOBILE
TRANSPORTER.—The term
‘automobile transporter’ means any vehicle combina-
tion designed and used specifically for the transport
of assembled highway vehicles.’’.
375
SEC. 405. INSPECTIONS AND REPORTS.
(a) GENERAL POWERS OF THE SECRETARY.—Section
31133(a)(1) is amended by inserting ‘‘and make contracts
for’’ after ‘‘conduct’’.
(b) REPORTS
AND
RECORDS.—Section 504(c) is
amended by inserting ‘‘(and, in the case of a motor carrier,
a contractor)’’ before the second comma.
SEC. 406. EXEMPTIONS AND PILOT PROGRAMS.
(a) IN GENERAL.—Section 31315 is amended to read
as follows:
‘‘§ 31315. Exemptions and pilot programs
‘‘(a) EXEMPTIONS.—
‘‘(1) IN GENERAL.—Upon receipt of a request
pursuant to paragraph (3), the Secretary of Trans-
portation may grant to a person or class of persons
an exemption from a regulation prescribed under this
chapter or section 31136 if the Secretary finds such
exemption would likely achieve a level of safety equal
to or greater than the level that would be achieved ab-
sent such exemption. An exemption may be granted
for no longer than 2 years from its approval date and
may be renewed upon application to the Secretary.
‘‘(2) AUTHORITY TO REVOKE EXEMPTION.—The
Secretary shall immediately revoke an exemption if
the person fails to comply with the terms and condi-
tions of such exemption or if continuation of the ex-
376
emption would not be consistent with the goals and
objectives of this chapter or section 31136, as the case
may be.
‘‘(3) REQUESTS
FOR
EXEMPTION.—Not later
than 180 days after the date of the enactment of this
section and after notice and an opportunity for pub-
lic comment, the Secretary shall specify by regulation
the procedures by which a person may request an ex-
emption. Such regulations shall, at a minimum, re-
quire the person to provide the following information
for each exemption request:
‘‘(A) The provisions from which the person
requests exemption.
‘‘(B) The time period during which the ex-
emption would apply.
‘‘(C) An analysis of the safety impacts the
exemption may cause.
‘‘(D) The specific countermeasures the per-
son would undertake, if the exemption were
granted, to ensure an equal or greater level of
safety than would be achieved absent the exemp-
tion.
‘‘(4) NOTICE AND COMMENT.—
‘‘(A) UPON RECEIPT OF A REQUEST.—Upon
receipt of an exemption request, the Secretary
377
shall publish in the Federal Register a notice ex-
plaining the request that has been filed and shall
give the public an opportunity to inspect the
safety analysis and any other relevant informa-
tion known to the Secretary and to comment on
the request. This subparagraph does not require
the release of information protected by law from
public disclosure.
‘‘(B) UPON GRANTING A REQUEST.—Upon
granting a request for exemption, the Secretary
shall publish in the Federal Register the name of
the person granted the exemption, the provisions
from which the person will be exempt, the effec-
tive period, and all terms and conditions of the
exemption.
‘‘(C) UPON
DENYING
A
REQUEST.—Upon
denying a request for exemption, the Secretary
shall publish in the Federal Register the name of
the person denied the exemption and the reasons
for such denial.
‘‘(5) APPLICATIONS TO BE DEALT WITH PROMPT-
LY.—The Secretary shall grant or deny an exemption
request after a thorough review of its safety implica-
tions, but in no case later than 180 days after the fil-
ing date of such request, or the Secretary shall publish
378
in the Federal Register the reason for the delay in the
decision and an estimate of when the decision will be
made.
‘‘(6) TERMS
AND
CONDITIONS.—The Secretary
shall establish terms and conditions for each exemp-
tion to ensure that it will likely achieve a level of
safety equal to or greater than the level that would be
achieved absent such exemption. The Secretary shall
monitor the implementation of the exemption to en-
sure compliance with its terms and conditions.
‘‘(7) NOTIFICATION OF STATE COMPLIANCE AND
ENFORCEMENT
PERSONNEL.—Before granting a re-
quest for exemption, the Secretary shall notify State
safety compliance and enforcement personnel, includ-
ing roadside inspectors, and the public that a person
will be operating pursuant to an exemption and any
terms and conditions that will apply to the exemp-
tion.
‘‘(b) PILOT PROGRAMS.—
‘‘(1) IN GENERAL.—The Secretary may conduct
pilot programs to evaluate innovative approaches to
motor carrier, vehicle, and driver safety. Such pilot
programs may include exemptions from a regulation
prescribed under this chapter or section 31136 if the
pilot program contains, at a minimum, the elements
379
described in paragraph (2). The Secretary shall pub-
lish in the Federal Register a detailed description of
the program and the exemptions to be considered and
provide notice and an opportunity for public com-
ment before the effective date of any exemptions.
‘‘(2) PROGRAM ELEMENTS.—In proposing a pilot
program and before granting exemptions for purposes
of a pilot program, the Secretary shall include, at a
minimum, the following elements in each pilot pro-
gram plan:
‘‘(A) A program scheduled life of not more
than 3 years.
‘‘(B) A scientifically valid methodology and
study design, including a specific data collection
and analysis plan, that identifies appropriate
control groups for comparison.
‘‘(C) The fewest participants necessary to
yield statistically valid findings.
‘‘(D) Observance of appropriate ethical pro-
tocols for the use of human subjects in field ex-
periments.
‘‘(E) An oversight plan to ensure that par-
ticipants comply with the terms and conditions
of participation.
380
‘‘(F) Adequate countermeasures to protect
the health and safety of study participants and
the general public.
‘‘(G) A plan to inform State partners and
the public about the pilot program and to iden-
tify approved participants to safety compliance
and enforcement personnel and to the public.
‘‘(3) AUTHORITY TO REVOKE PARTICIPATION.—
The Secretary shall immediately revoke participation
in a pilot program of a motor carrier, vehicle, or
driver for failure to comply with the terms and condi-
tions of the pilot program or if continued participa-
tion would not be consistent with the goals and objec-
tives of this chapter or section 31136, as the case may
be.
‘‘(4) AUTHORITY TO TERMINATE PROGRAM.—The
Secretary shall immediately terminate a pilot pro-
gram if its continuation would not be consistent with
the goals and objectives of this chapter or section
31136, as the case may be.
‘‘(5) REPORT TO CONGRESS.—At the conclusion
of each pilot program, the Secretary shall promptly
report to Congress the findings, conclusions, and rec-
ommendations of the program, including suggested
amendments to law or regulation that would enhance
381
motor carrier, vehicle, and driver safety and improve
compliance with national safety standards.
‘‘(c) PREEMPTION
OF STATE RULES.—During the
time period that an exemption or pilot program is in effect
under this section, no State shall enforce any law or regula-
tion that conflicts with or is inconsistent with an exemption
or pilot program with respect to a person exercising the
exemption or participating in the pilot program.’’.
(b) TABLE OF SECTIONS.—The table of sections for
chapter 313 is amended by striking the item relating to sec-
tion 31315 and inserting the following:
‘‘31315. Exemptions and pilot programs.’’.
(c) CONFORMING AMENDMENT.—Section 31136(e) is
amended to read as follows:
‘‘(e) EXEMPTIONS.—The Secretary may grant exemp-
tions from any regulation prescribed under this section in
accordance with section 31315.’’.
(d) PROTECTION
OF EXISTING EXEMPTIONS.—The
amendments made by subsections (a) and (c) of this section
shall not apply to or otherwise affect an exemption or waiv-
er in effect on the day before the date of the enactment of
this Act under section 31315 or 31136(e) of title 49, United
States Code.
SEC. 407. SAFETY REGULATION.
(a) COMMERCIAL MOTOR VEHICLE DEFINED.—Sec-
tion 31132(1) is amended—
382
(1) in subparagraph (A)—
(A) by inserting ‘‘or gross vehicle weight’’
after ‘‘rating’’; and
(B) by inserting ‘‘, whichever is greater’’
after ‘‘pounds’’; and
(2) in subparagraph (B)—
(A) by inserting ‘‘or livery’’ after ‘‘taxicab’’;
and
(B) by striking ‘‘6 passengers’’ and insert-
ing ‘‘8 passengers, including the driver,’’.
(b) REPEAL OF REVIEW PANEL.—Section 31134, and
the item relating to such section in the table of sections for
chapter 311, are repealed.
(c) REPEAL OF SUBMISSION TO REVIEW PANEL.—Sec-
tion 31140, and the item relating to such section in the
table of sections for chapter 311, are repealed.
(d) REVIEW PROCEDURE.—Section 31141 is amend-
ed—
(1) by striking subsections (b) and (c) and in-
serting the following:
‘‘(b) SUBMISSION OF REGULATION.—A State that en-
acts a State law or issues a regulation on commercial motor
vehicle safety shall submit a copy of the law or regulation
to the Secretary of Transportation immediately after the
enactment or issuance.
383
‘‘(c) REVIEW AND DECISIONS BY SECRETARY.—
‘‘(1) REVIEW.—The Secretary shall review State
laws and regulations on commercial motor vehicle
safety. The Secretary shall decide whether the State
law or regulation—
‘‘(A) has the same effect as a regulation pre-
scribed by the Secretary under section 31136;
‘‘(B) is less stringent than such regulation;
or
‘‘(C) is additional to or more stringent than
such regulation.
‘‘(2) REGULATIONS WITH SAME EFFECT.—If the
Secretary decides a State law or regulation has the
same effect as a regulation prescribed by the Sec-
retary under section 31136 of this title, the State law
or regulation may be enforced.
‘‘(3) LESS
STRINGENT
REGULATIONS.—If the
Secretary decides a State law or regulation is less
stringent than a regulation prescribed by the Sec-
retary under section 31136 of this title, the State law
or regulation may not be enforced.
‘‘(4) ADDITIONAL OR MORE STRINGENT REGULA-
TIONS.—If the Secretary decides a State law or regu-
lation is additional to or more stringent than a regu-
lation prescribed by the Secretary under section
384
31136 of this title, the State law or regulation may
be enforced unless the Secretary also decides that—
‘‘(A) the State law or regulation has no
safety benefit;
‘‘(B) the State law or regulation is incom-
patible with the regulation prescribed by the Sec-
retary; or
‘‘(C) enforcement of the State law or regula-
tion would cause an unreasonable burden on
interstate commerce.
‘‘(5) CONSIDERATION OF EFFECT ON INTERSTATE
COMMERCE.—In deciding under paragraph (4) wheth-
er a State law or regulation will cause an unreason-
able burden on interstate commerce, the Secretary
may consider the effect on interstate commerce of im-
plementation of that law or regulation with the im-
plementation of all similar laws and regulations of
other States.’’;
(2) by striking subsection (e); and
(3) by redesignating subsections (f), (g), and (h)
as subsections (e), (f), and (g), respectively.
(e) INSPECTION
OF SAFETY EQUIPMENT.—Section
31142(a) is amended by striking ‘‘part 393 of title 49, Code
of Federal Regulations’’ and inserting ‘‘the regulations
issued under section 31136’’.
385
(f) PROTECTION OF STATES PARTICIPATING IN STATE
GROUPS.—Section 31142(c)(1)(C) is amended—
(1) by inserting after ‘‘from’’ the following: ‘‘par-
ticipating in the activities of a voluntary group of
States’’; and
(2) by striking ‘‘that meets’’ and all that follows
through ‘‘1984’’.
(g) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall transmit
to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report
on the status of implementation of the amendments made
by subsection (a)(2) of this section.
SEC. 408. IMPROVED INTERSTATE SCHOOL BUS SAFETY.
(a) APPLICABILITY
OF FEDERAL MOTOR CARRIER
SAFETY REGULATIONS TO INTERSTATE SCHOOL BUS OP-
ERATIONS.—Section 31136 is amended by adding at the
end the following:
‘‘(g) APPLICABILITY TO SCHOOL TRANSPORTATION OP-
ERATIONS OF LOCAL EDUCATION AGENCIES.—Not later
than 6 months after the date of the enactment of this sub-
section, the Secretary shall issue regulations making the rel-
evant commercial motor carrier safety regulations issued
under subsection (a) applicable to all interstate school
386
transportation operations by local educational agencies (as
defined in section 14101 of the Elementary and Secondary
Education Act of 1965).’’.
(b) REPORT.—Not later than 2 years after the date
of the enactment of this Act, the Secretary shall submit to
Congress a report describing the status of compliance by
private for-hire motor carriers and local educational agen-
cies in meeting the requirements of section 31136 of title
49, United States Code, and any activities of the Secretary
or the States to enforce such requirements.
SEC. 409. REPEAL OF CERTAIN OBSOLETE MISCELLANEOUS
AUTHORITIES.
Subchapter IV of chapter 311 (including sections
31161 and 31162), and the items relating to such sub-
chapter and sections in the table of sections for chapter 311,
are repealed.
SEC. 410. COMMERCIAL VEHICLE OPERATORS.
(a) COMMERCIAL MOTOR VEHICLE DEFINED.—Sec-
tion 31301(4) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘or gross vehicle weight’’
after ‘‘rating’’ the first 2 places it appears; and
(B) by inserting ‘‘, whichever is greater,’’
after ‘‘pounds’’ the first place it appears; and
387
(2) in subparagraph (C)(ii) by inserting ‘‘is’’ be-
fore ‘‘transporting’’ each place it appears.
(b) PROHIBITION
ON CMV OPERATION WITHOUT
CDL.—
(1) IN GENERAL.—Section 31302 is amended to
read as follows:
‘‘§ 31302. Driver’s license requirement
‘‘An individual may operate a commercial motor vehi-
cle only if the individual has a valid commercial driver’s
license. An individual operating a commercial motor vehi-
cle may have only one driver’s license at any time.’’.
(2) CONFORMING AMENDMENT.—The item relat-
ing to section 31302 in the table of sections for chap-
ter 313 is amended to read as follows:
‘‘31302. Driver’s license requirement.’’.
(c) UNIQUE IDENTIFIERS IN CDLS.—
(1) IN GENERAL.—Section 31308(2) is amended
by inserting before the semicolon ‘‘and each license
issued after January 1, 2000, include unique identifi-
ers to minimize fraud and duplication’’.
(2) DEADLINE
FOR
ISSUANCE
OF
REGULA-
TIONS.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall issue regu-
lations to carry out the amendment made by para-
graph (1).
388
(d) COMMERCIAL DRIVER’S LICENSE INFORMATION
SYSTEM.—Section 31309 is amended—
(1) in subsection (a) by striking ‘‘make an agree-
ment under subsection (b) of this section for the oper-
ation of, or establish under subsection (c) of this sec-
tion,’’ and inserting ‘‘maintain’’;
(2) by inserting after the first sentence of sub-
section (a) the following: ‘‘The system shall be coordi-
nated with activities carried out under section
31106.’’;
(3) by striking subsections (b) and (c);
(4) in subsection (d)(1)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (E);
(B) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(G) information on all fines, penalties, convic-
tions, and failure to appear for a hearing or trial in-
curred by the operator with respect to operation of a
motor vehicle for a period of not less than 3 years be-
ginning on the date of the imposition of such a fine
or penalty or the date of such a conviction or failure
to appear.’’;
389
(5) by striking subsection (d)(2) and inserting
the following:
‘‘(2) The information system under this section must
accommodate any unique identifiers required to minimize
fraud or duplication of a commercial driver’s license under
section 31308(2).’’;
(6) by striking subsection (e) and inserting the
following:
‘‘(e) AVAILABILITY OF INFORMATION.—Information in
the information system shall be made available and subject
to review and correction in accordance with section
31106(e).’’;
(7) in subsection (f) by striking ‘‘If the Secretary
establishes an information system under this section,
the’’ and inserting ‘‘The’’;
(8) by striking ‘‘shall’’ in the first sentence of
subsection (f) and inserting ‘‘may’’; and
(9) by redesignating subsections (d), (e), and (f)
as subsections (b), (c), and (d), respectively.
(e) REPEAL OF OBSOLETE GRANT PROGRAMS.—Sec-
tions 31312 and 31313, and the items relating to such sec-
tions in the table of sections for chapter 313, are repealed.
(f) UPDATING
AMENDMENTS.—Section 31314 is
amended—
390
(1) by striking ‘‘(2), (5), and (6)’’ each place it
appears in subsections (a) and (b) and inserting ‘‘(3),
and (5)’’;
(2) in subsection (c) by striking ‘‘(1) Amounts’’
and all that follows through ‘‘(2) Amounts’’ and in-
serting ‘‘Amounts’’;
(3) by striking subsection (d); and
(4) by redesignating subsection (e) as subsection
(d).
SEC. 411. INTERIM BORDER SAFETY IMPROVEMENT PRO-
GRAM.
(a) PROGRAM.—The Secretary shall carry out a pro-
gram to improve commercial motor vehicle safety in the vi-
cinity of borders between the United States and Canada
and the United States and Mexico.
(b) GRANT AND OTHER AUTHORITY.—The Secretary
may expend funds made available to carry out this sec-
tion—
(1) for making grants to border States, local gov-
ernments, organizations, and other persons to carry
out activities described in subsection (c);
(2) for personnel of the Department of Transpor-
tation to conduct such activities; and
(3) for entry into contracts for the conduct of
such activities.
391
(c) USE OF FUNDS.—Activities for which funds may
be expended under this section include—
(1) employment by the Department of Transpor-
tation or a border State of additional personnel to en-
force commercial motor vehicle safety regulations de-
scribed in subsection (a);
(2) training of personnel to enforce such regula-
tions;
(3) development of data bases and communica-
tion systems to improve commercial motor vehicle
safety; and
(4) education and outreach initiatives.
(d) CRITERIA.—In selecting activities and projects for
funding under this section, the Secretary shall consider cur-
rent levels of enforcement by border States, cross border traf-
fic patterns (including volume of commercial motor vehicle
traffic), location of inspection facilities, and such other fac-
tors as the Secretary determines will result in the greatest
safety improvement and benefit to border States and the
Nation.
(e) FEDERAL SHARE.—
(1) IN
GENERAL.—The Federal share payable
under a grant made under this section for—
392
(A) any activity described in paragraph
(2), (3), or (4) of subsection (c) shall be 80 per-
cent; and
(B) any activity described in subsection
(c)(1) shall be—
(i) 80 percent for the first 2 years that
a State receives a grant under this section
for such activity;
(ii) 50 percent for the third and fourth
years that a State receives a grant under
this section for such activity; and
(iii) 25 percent for the fifth and sixth
years that a State receives a grant under
this section for such activity.
(2) IN-KIND
CONTRIBUTIONS.—In determining
the non-Federal costs under paragraph (1), the Sec-
retary shall include in-kind contributions by the
grant recipient, of which up to $2,500,000 may be
used to upgrade earthquake simulation facilities as
required to carry out the program.
(f) MAINTENANCE OF EFFORT.—A grant may not be
made to a State under this section for an activity described
in subsection (c)(1) in any fiscal year unless the State en-
ters into such agreements with the Secretary as the Sec-
retary may require to ensure that the State will maintain
393
its aggregate expenditures from all other sources for employ-
ment of personnel to enforce commercial motor vehicle safe-
ty regulations in the vicinity of the border at or above the
average level of such expenditures in the State’s 2 fiscal
years preceding the date of the enactment of this section.
(g) FUNDING.—Of amounts made available to carry
out the coordinated border infrastructure and safety pro-
gram under section 116 of this Act, $20,000,000 for fiscal
year 1998 and $15,000,000 for each of fiscal years 1999
through 2003 shall be available to carry out this section.
(h) BORDER STATE DEFINED.—In this section, the
term ‘‘border State’’ means any State that has a boundary
in common with Canada or Mexico.
SEC. 412. VEHICLE WEIGHT ENFORCEMENT.
(a) STUDY.—The Secretary shall conduct a study of
State laws and regulations pertaining to penalties for viola-
tion of State commercial motor vehicle weight laws.
(b) PURPOSE.—The purpose of the study shall be to
determine the effectiveness of State penalties as a deterrent
to illegally overweight trucking operations. The study shall
evaluate fine structures, innovative roadside enforcement
techniques, a State’s ability to penalize shippers and car-
riers as well as drivers, and shall examine the effectiveness
of administrative and judicial procedures utilized to enforce
vehicle weight laws.
394
(c) REPORT.—Not later than 2 years after the date of
the enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study conducted
under this section, together with any legislative rec-
ommendations of the Secretary.
(d) FUNDING.—From amounts made available under
subparagraphs (F) through (I) of section 127(a)(3) of this
Act, the Secretary may use not to exceed $300,000 to carry
out this section.
SEC. 413. PARTICIPATION IN INTERNATIONAL REGISTRA-
TION PLAN AND INTERNATIONAL FUEL TAX
AGREEMENT.
Sections 31702, 31703, and 31708, and the items relat-
ing to such sections in the table of sections for chapter 317,
are repealed.
SEC. 414. TELEPHONE HOTLINE FOR REPORTING SAFETY
VIOLATIONS.
(a) IN GENERAL.—For a period of not less than 2
years beginning on or before the 90th day following the date
of the enactment of this Act, the Secretary shall establish,
maintain, and promote the use of a nationwide toll-free tele-
phone system to be used by drivers of commercial motor
vehicles and others to report potential violations of Federal
motor carrier safety regulations and any laws or regula-
tions relating to the safe operation of commercial motor ve-
395
hicles and to report potentially improper inspections, au-
dits, and enforcement activities.
(b) MONITORING.—The Secretary shall monitor re-
ports received by the telephone system and shall consider
nonfrivolous information provided by such reports in set-
ting priorities for motor carrier safety audits and other en-
forcement activities.
(c) PROTECTION
OF PERSONS REPORTING VIOLA-
TIONS.—
(1) PROHIBITION.—A person reporting a poten-
tial violation to the telephone system while acting in
good faith may not be discharged, disciplined, or dis-
criminated against regarding pay, terms, or privi-
leges of employment because of the reporting of such
violation.
(2) APPLICABILITY OF SECTION 31105 OF TITLE
49.—For purposes of section 31105 of title 49, United
States Code, a violation or alleged violation of para-
graph (1) shall be treated as a violation of section
31105(a) of such title.
(d) FUNDING.—From amounts set aside under section
104(a) of title 23, United States Code, the Secretary may
use not to exceed $300,000 for each of fiscal years 1998
through 2003 to carry out this section.
396
SEC. 415. INSULIN TREATED DIABETES MELLITUS.
(a) DETERMINATION.—Not later than 18 months after
the date of the enactment of this Act, the Secretary shall
determine whether a practicable and cost-effective screening,
operating, and monitoring protocol could likely be devel-
oped for insulin treated diabetes mellitus individuals who
want to operate commercial motor vehicles in interstate
commerce that would ensure a level of safety equal to or
greater than that achieved with the current prohibition on
individuals with insulin treated diabetes mellitus driving
such vehicles.
(b) COMPILATION AND EVALUATION.—Prior to making
the determination in subsection (a), the Secretary shall
compile and evaluate research and other information on the
effects of insulin treated diabetes mellitus on driving per-
formance. In preparing the compilation and evaluation, the
Secretary shall, at a minimum—
(1) consult with States that have developed and
are implementing a screening process to identify indi-
viduals with insulin treated diabetes mellitus who
may obtain waivers to drive commercial motor vehi-
cles in intrastate commerce;
(2) evaluate the Department’s policy and actions
to permit certain insulin treated diabetes mellitus in-
dividuals who meet selection criteria and who success-
397
fully comply with the approved monitoring protocol
to operate in other modes of transportation;
(3) analyze available data on the safety perform-
ance of diabetic drivers of motor vehicles;
(4) assess the relevance of intrastate driving and
experiences of other modes of transportation to inter-
state commercial motor vehicle operations; and
(5) consult with interested groups knowledgeable
about diabetes and related issues.
(c) REPORT TO CONGRESS.—If the Secretary deter-
mines that no protocol described in subsection (a) could
likely be developed, the Secretary shall report to Congress
the basis for such determination.
(d) INITIATION OF RULEMAKING.—If the Secretary de-
termines that a protocol described in subsection (a) could
likely be developed, the Secretary shall report to Congress
a description of the elements of such protocol and shall
promptly initiate a rulemaking proceeding to implement
such protocol.
SEC. 416. PERFORMANCE-BASED CDL TESTING.
(a) REVIEW.—Not later than 1 year after the date of
the enactment of this Act, the Secretary shall complete a
review of the procedures established and implemented by
States under section 31305 of title 49, United States Code,
to determine if the current system for testing is an accurate
398
measure and reflection of an individual’s knowledge and
skills as an operator of a commercial motor vehicle and to
identify methods to improve testing and licensing stand-
ards, including identifying the benefits and costs of a grad-
uated licensing system.
(b) REGULATIONS.—Not later than 1 year after the
date of completion of the review under subsection (a), the
Secretary shall issue regulations under section 31305 re-
flecting the results of the review.
SEC. 417. POSTACCIDENT ALCOHOL TESTING.
(a) STUDY.—The Secretary shall conduct a study of
the feasibility of utilizing qualified emergency responders
and law enforcement officers for conducting postaccident al-
cohol testing of commercial motor vehicle operators under
section 31306 of title 49, United States Code, as a method
of obtaining more timely information and reducing the bur-
dens that employers may encounter in meeting the testing
requirements of such section.
(b) REPORT.—Not later than 18 months after the date
of the enactment of this Act, the Secretary shall transmit
to Congress a report on the study conducted under sub-
section (a) with recommendations regarding the utilization
of emergency responders and law enforcement officers in
conducting testing described in subsection (a).
399
SEC. 418. DRIVER FATIGUE.
(a) TECHNOLOGIES TO REDUCE FATIGUE OF COM-
MERCIAL MOTOR VEHICLE OPERATORS.—
(1) DEVELOPMENT OF TECHNOLOGIES.—As part
of the activities of the Secretary relating to the fatigue
of commercial motor vehicle operators, the Secretary
shall encourage the research, development, and dem-
onstration of technologies that may aid in reducing
such fatigue.
(2) IDENTIFICATION
OF
TECHNOLOGIES.—In
identifying technologies pursuant to paragraph (1),
the Secretary shall take into account—
(A) the degree to which the technology will
be cost efficient;
(B) the degree to which the technology can
be effectively used in diverse climatic regions of
the Nation; and
(C) the degree to which the application of
the technology will further emissions reductions,
energy conservation, and other transportation
goals.
(3) FUNDING.—The Secretary may use amounts
made available under subparagraphs (F) through (I)
of section 127(a)(3) of this Act to carry out this sub-
section.
400
(b) NONSEDATING ANTIHISTAMINES.—The Secretary
shall review available information on the effects of antihis-
tamines on driver fatigue, awareness, and performance and
shall consider encouraging the use of nonsedating antihis-
tamines as a means of reducing the adverse effects of the
use of other antihistamines by drivers.
SEC. 419. SAFETY FITNESS.
(a) IN GENERAL.—Section 31144 is amended to read
as follows:
‘‘§ 31144. Safety fitness of owners and operators
‘‘(a) IN GENERAL.—The Secretary shall—
‘‘(1) determine whether an owner or operator is
fit to operate safely commercial motor vehicles;
‘‘(2) periodically update such safety fitness deter-
minations;
‘‘(3) make such safety fitness determinations
readily available to the public; and
‘‘(4) prescribe by regulation penalties for viola-
tions of this section consistent with section 521.
‘‘(b) PROCEDURE.—The Secretary shall maintain by
regulation a procedure for determining whether an owner
or operator is fit to operate safely commercial motor vehi-
cles. The procedure shall include, at a minimum, the follow-
ing elements:
401
‘‘(1) Specific initial and continuing require-
ments with which an owner or operator must comply
to demonstrate safety fitness.
‘‘(2) A methodology the Secretary will use to de-
termine whether an owner or operator is fit.
‘‘(3) Specific time frames within which the Sec-
retary will determine whether an owner or operator
is fit.
‘‘(c) PROHIBITED TRANSPORTATION.—
‘‘(1) IN GENERAL.—Except as provided in sec-
tions 521(b)(5)(A) and 5113 and this subsection, an
owner or operator who the Secretary determines is not
fit may not operate commercial motor vehicles in
interstate commerce beginning on the 61st day after
the date of such fitness determination and until the
Secretary determines such owner or operator is fit.
‘‘(2) OWNERS
OR
OPERATORS
TRANSPORTING
PASSENGERS.—With regard to owners or operators of
commercial motor vehicles designed or used to trans-
port passengers, an owner or operator who the Sec-
retary determines is not fit may not operate in inter-
state commerce beginning on the 46th day after the
date of such fitness determination and until the Sec-
retary determines such owner or operator is fit.
402
‘‘(3) OWNERS
OR
OPERATORS
TRANSPORTING
HAZARDOUS MATERIAL.—With regard to owners or
operators of commercial motor vehicles designed or
used to transport hazardous material for which
placarding of a motor vehicle is required under regu-
lations prescribed under chapter 51, an owner or op-
erator who the Secretary determines is not fit may
not operate in interstate commerce beginning on the
46th day after the date of such fitness determination
and until the Secretary determines such owner or op-
erator is fit.
‘‘(4) SECRETARY’S
DISCRETION.—Except for
owners or operators described in paragraphs (2) and
(3), the Secretary may allow an owner or operator
who is not fit to continue operating for an additional
60 days after the 61st day after the date of the Sec-
retary’s fitness determination, if the Secretary deter-
mines that such owner or operator is making a good
faith effort to become fit.
‘‘(d) REVIEW OF FITNESS DETERMINATIONS.—
‘‘(1) IN GENERAL.—Not later than 45 days after
an unfit owner or operator requests a review, the Sec-
retary shall review such owner’s or operator’s compli-
ance with those requirements with which the owner or
operator failed to comply and resulted in the Sec-
403
retary determining that the owner or operator was
not fit.
‘‘(2) OWNERS
OR
OPERATORS
TRANSPORTING
PASSENGERS.—Not later than 30 days after an unfit
owner or operator of commercial motor vehicles de-
signed or used to transport passengers requests a re-
view, the Secretary shall review such owner’s or oper-
ator’s compliance with those requirements with which
the owner or operator failed to comply and resulted
in the Secretary determining that the owner or opera-
tor was not fit.
‘‘(3) OWNERS
OR
OPERATORS
TRANSPORTING
HAZARDOUS MATERIAL.—Not later than 30 days after
an unfit owner or operator of commercial motor vehi-
cles designed or used to transport hazardous material
for which placarding of a motor vehicle is required
under regulations prescribed under chapter 51, the
Secretary shall review such owner’s or operator’s com-
pliance with those requirements with which the owner
or operator failed to comply and resulted in the Sec-
retary determining that the owner or operator was
not fit.
‘‘(e) PROHIBITED GOVERNMENT USE.—A department,
agency, or instrumentality of the United States Government
may not use to provide any transportation service an owner
404
or operator who the Secretary has determined is not fit
until the Secretary determines such owner or operator is
fit.’’.
(b) CONFORMING
AMENDMENT.—Section 5113 is
amended by striking subsections (a), (b), (c), and (d) and
inserting the following:
‘‘See section 31144.’’.
SEC. 420. HAZARDOUS MATERIALS TRANSPORTATION REG-
ULATION AND FARM SERVICE VEHICLES.
(a) EXCEPTIONS.—Section 5117(d)(2) is amended—
(1) by striking ‘‘do not prohibit’’;
(2) in subparagraph (A)—
(A) by inserting ‘‘do not prohibit’’ before
‘‘or regulate’’; and
(B) by striking ‘‘or’’ the last place it ap-
pears;
(3) in subparagraph (B) by inserting ‘‘do not
prohibit’’ before ‘‘transportation’’;
(4) by striking the period at the end of subpara-
graph (B) and inserting ‘‘; or’’; and
(5) by adding at the end the following:
‘‘(C) do not prohibit a State from providing an
exception from requirements relating to placarding,
shipping papers, and emergency telephone numbers
for the private motor carriage in intrastate transpor-
406
SEC. 421. TRUCK TRAILER CONSPICUITY.
(a) ISSUANCE OF FINAL RULE.—Not later than 1 year
after the date of the enactment of this Act, the Secretary
shall issue a final rule regarding the conspicuity of trailers
manufactured before December 1, 1993.
(b) CONSIDERATIONS.—In conducting the rulemaking
under subsection (a), the Secretary shall consider, at a min-
imum, the following:
(1) The cost-effectiveness of any requirement to
retrofit trailers manufactured before December 1,
1993.
(2) The extent to which motor carriers have vol-
untarily taken steps to increase equipment visibility.
(3) Regulatory flexibility to accommodate differ-
ing trailer designs and configurations, such as tank
trucks.
SEC. 422. DOT IMPLEMENTATION PLAN.
(a) IN GENERAL.—Not later than 18 months after the
date of the enactment of this section, the Secretary shall
develop and submit to Congress a plan for implementing
authority (if subsequently provided by law) to—
(1) investigate and bring civil actions to enforce
chapter 5 of title 49, United States Code, or a regula-
tion or order of the Secretary under such chapter,
when violated by shippers, freight forwarders, brokers,
consignees, or persons (other than rail carriers, motor
407
carriers, motor carriers of migrant workers, or motor
private carriers); and
(2) assess civil or criminal penalties against a
person who knowingly aids, abets, counsels, com-
mands, induces, or procures a violation of a regula-
tion or an order of the Secretary under chapter 311
or section 31502 of such title to the same extent as
a motor carrier or driver who commits such a viola-
tion.
(b) CONTENTS OF IMPLEMENTATION PLAN.—In devel-
oping the implementation plan, the Secretary, at a mini-
mum, shall consider—
(1) in what circumstances the Secretary would
exercise the new authority;
(2) how the Secretary would determine that ship-
pers, freight forwarders, brokers, consignees, or other
persons committed violations described in subsection
(a), including what types of evidence would be conclu-
sive;
(3) what procedures would be necessary during
investigations to ensure the confidentiality of shipper
contract terms prior to the Secretary’s findings of vio-
lations;
(4) what impact the exercise of the new authority
would have on the Secretary’s resources, including
408
whether additional investigative or legal resources
would be necessary and whether the staff would need
specialized education or training to exercise properly
such authority;
(5) to what extent the Secretary would conduct
educational activities for persons who would be sub-
ject to the new authority; and
(6) any other information that would assist the
Congress in determining whether to provide the Sec-
retary the new authority.
TITLE V—PROGRAMMATIC
REFORMS AND STREAMLINING
SEC. 501. PROJECT APPROVAL AND OVERSIGHT.
(a) IN GENERAL.—Section 106 is amended by striking
the section heading and all that follows through the period
at the end of subsection (d) and inserting the following:
‘‘§ 106. Project approval and oversight
‘‘(a) IN GENERAL.—
‘‘(1) SUBMISSION
OF
PLANS, SPECIFICATIONS,
AND ESTIMATES.—Except as otherwise provided in
this section, each State highway department shall
submit to the Secretary for approval such plans, spec-
ifications, and estimates for each proposed project as
the Secretary may require.
409
‘‘(2) PROJECT AGREEMENT.—The Secretary shall
act upon the plans, specifications, and estimates as
soon as practicable after the date of their submission
and shall enter into a formal project agreement with
the State highway department formalizing the condi-
tions of the project approval.
‘‘(3) CONTRACTUAL OBLIGATION.—The execution
of the project agreement shall be deemed a contractual
obligation of the Federal Government for the payment
of its proportional contribution thereto.
‘‘(4) GUIDANCE.—In taking action under this
subsection, the Secretary shall be guided by the provi-
sions of section 109.
‘‘(b) PROJECT AGREEMENT.—
‘‘(1) PROVISION OF STATE FUNDS.—The project
agreement shall make provision for State funds re-
quired for the State’s pro rata share of the cost of con-
struction of the project and for the maintenance of the
project after completion of construction.
‘‘(2) REPRESENTATIONS
OF
STATE.—The Sec-
retary may rely upon representations made by the
State highway department with respect to the ar-
rangements or agreements made by the State highway
department and appropriate local officials if a part
410
of the project is to be constructed at the expense of,
or in cooperation with, local subdivisions of the State.
‘‘(c) SPECIAL RULES FOR PROJECT OVERSIGHT.—
‘‘(1) NHS PROJECTS.—
‘‘(A) GENERAL AUTHORITY.—Except as oth-
erwise provided in subsection (d), the Secretary
may discharge to the State any of the Secretary’s
responsibilities under this title for design, plans,
specifications, estimates, contract awards, and
inspection of projects on the National Highway
System.
‘‘(B) AGREEMENT.—The Secretary and the
State shall reach agreement as to the extent the
State may assume the Secretary’s responsibilities
under this subsection. The Secretary may not as-
sume any greater responsibility than the Sec-
retary is permitted under this title on September
30, 1997, except upon agreement by the Sec-
retary and the State.
‘‘(2) NON-INTERSTATE SYSTEM PROJECTS.—For
all projects under this title that are not on the Na-
tional Highway System, the State shall assume the
Secretary’s responsibility under this title for design,
plans, specifications, estimates, contract awards, and
inspection of projects. For projects that are on the Na-
411
tional Highway System but not on the Interstate Sys-
tem, the State shall assume the Secretary’s respon-
sibility under this title for design, plans, specifica-
tions, estimates, contract awards, and inspections of
projects unless the State or the Secretary determines
that such assumption is not appropriate.
‘‘(d) SECRETARY’S RESPONSIBILITIES.—Nothing in
this section, section 133, and section 149 shall affect or dis-
charge any responsibility or obligation of the Secretary
under any Federal law, other than this title. Any respon-
sibility or obligation of the Secretary under sections 113
and 114 of this title and section 5333 of title 49, United
States Code, shall not be affected and may not be discharged
under this section, section 133, or section 149.’’.
(b) REPEAL
OF OBSOLETE PROVISIONS.—Sections
105, 110, and 117, and the items relating to such sections
in the table of sections for chapter 1, are repealed.
(c) CONFORMING AMENDMENT.—The table of sections
for chapter 1 is amended by striking the item relating to
section 106 and inserting:
‘‘106. Project approval and oversight.’’.
SEC. 502. ENVIRONMENTAL STREAMLINING.
(a) COORDINATED ENVIRONMENTAL REVIEW PROC-
ESS.—
(1) DEVELOPMENT AND IMPLEMENTATION.—The
Secretary shall develop and implement a coordinated
412
environmental review process for highway construc-
tion projects that require—
(A) the preparation of an environmental
impact statement or environmental assessment
under the National Environmental Policy Act of
1969, except that the Secretary may decide not
to apply this section to the preparation of an en-
vironmental assessment under such Act; or
(B) the conduct of any other environmental
review, analysis, opinion, or issuance of an envi-
ronmental permit, license, or approval by oper-
ation of Federal law.
(2) MEMORANDUM OF UNDERSTANDING.—The co-
ordinated environmental review process for each
project shall ensure that, whenever practicable (as set
forth in this section), all environmental reviews, anal-
yses, opinions, and any permits, licenses, or approv-
als that must be issued or made by any Federal agen-
cy for the concerned highway project shall be con-
ducted concurrently and completed within a coopera-
tively determined time period. Such process for a
project or class of projects may be incorporated into
a memorandum of understanding between the Depart-
ment of Transportation and all other Federal agencies
(and, where appropriate, State agencies). In establish-
413
ing such time period and any time periods for review
within such period the Department and all such agen-
cies shall take into account their respective resources
and statutory commitments.
(b) ELEMENTS
OF COORDINATED ENVIRONMENTAL
REVIEW PROCESS.—For each highway project, the coordi-
nated environmental review process established under this
section shall provide, at a minimum, for the following ele-
ments:
(1) AGENCY
IDENTIFICATION.—The Secretary
shall, at the earliest possible time, identify all poten-
tial Federal agencies that—
(A) have jurisdiction by law over environ-
mental-related issues that may be affected by the
project and the analysis of which would be part
of any environmental document required by the
National Environmental Policy Act of 1969; or
(B) may be required by Federal law to
independently—
(i) conduct an environmental-related
review or analysis; or
(ii) determine whether to issue a per-
mit, license, or approval or render an opin-
ion on the environmental impact of the
project.
414
(2) TIME
LIMITATIONS
AND
CONCURRENT
RE-
VIEW.—The Secretary and the head of each Federal
agency identified under paragraph (1)—
(A)(i) shall jointly develop and establish
time periods for review for—
(I) all Federal agency comments with
respect to any environmental review docu-
ments required by the National Environ-
mental Policy Act of 1969 for the project;
and
(II) all other independent Federal
agency environmental analyses, reviews,
opinions, and decisions on any permits, li-
censes, and approvals that must be issued or
made for the project;
whereby each such Federal agency’s review shall
be undertaken and completed within such estab-
lished time periods for review; or
(ii) may enter into an agreement to estab-
lish such time periods for review with respect to
a class of projects; and
(B) shall ensure, in establishing such time
periods for review, that the conduct of any such
analysis, review, opinion, and decision is under-
taken concurrently with all other environmental
415
reviews for the project, including those required
by the National Environmental Policy Act of
1969; except that such review may not be concur-
rent if the affected Federal agency can dem-
onstrate that such concurrent review would result
in a significant adverse impact to the environ-
ment or substantively alter the operation of Fed-
eral law or would not be possible without infor-
mation developed as part of the environmental
review process.
(3) FACTORS TO BE CONSIDERED.—Time periods
for review established under this section shall be con-
sistent with those established by the Council on Envi-
ronmental Quality under the provisions of sections
1501.8 and 1506.10 of title 40, Code of Federal Regu-
lations.
(4) EXTENSIONS.—The Secretary shall extend
any time periods for review under this section if,
upon good cause shown, the Secretary and any Fed-
eral agency concerned determine that additional time
for analysis and review is needed as a result of new
information which has been discovered that could not
reasonably have been anticipated when such agency’s
time periods for review were established. Any memo-
416
randum of understanding shall be modified to incor-
porate any mutually agreed upon extensions.
(c) DISPUTE RESOLUTION.—When the Secretary deter-
mines that a Federal agency which is subject to a time pe-
riod for its environmental review or analysis under this sec-
tion has failed to complete such review, analysis, opinion,
or decision on issuing any permit, license, or approval
within the established time period or within any agreed
upon extension to such time period, then the Secretary may
close the record. If the Secretary finds after timely compli-
ance with this section, that an environmental issue related
to the highway project that an affected Federal agency has
jurisdiction over by operation of Federal law has not been
resolved, then the Secretary and the head of such agency
shall resolve the matter within 30 days of the finding by
the Secretary.
(d) ACCEPTANCE OF PURPOSE AND NEED.—For any
environmental impact statement prepared pursuant to the
National Environmental Policy Act of 1969 or the conduct
of any other environmental review, analysis, opinion, or
issuance of an environmental permit, license, or approval
that requires an analysis of purpose and need, the agency
conducting such review with respect to the highway project
shall give due consideration to the project purpose and need
as defined by the Secretary and the project applicant.
417
(e) PARTICIPATION OF STATE AGENCIES.—For any
project eligible for assistance under chapter 1 of title 23,
United States Code, a State, by operation of State law, may
require that all State agencies that have jurisdiction by
State or Federal law over environmental-related issues that
may be affected by the project or must issue any environ-
mental-related reviews, analyses, opinions, or determina-
tions on issuing any permits, licenses, or approvals for the
project be subject to the coordinated environmental review
process provided for in this section unless the Secretary de-
termines that a State’s participation would not be in the
public interest. For a State to require State agencies to par-
ticipate in the review process, all affected agencies of such
State shall be subject to the review process.
(f) ASSISTANCE TO AFFECTED FEDERAL AGENCIES.—
The Secretary may approve a request by a State to provide
funds made available under chapter 1 of title 23, United
States Code, to the State for the project subject to the review
process established by this section to affected Federal agen-
cies to provide the resources necessary to meet any time lim-
its established by this section. Such requests shall only be
approved for the additional amounts that the Secretary de-
termines are necessary for such affected Federal agencies to
meet the time limits for environmental review where such
418
time limits are less than the customary time necessary for
such review.
(g) FEDERAL AGENCY DEFINED.—For the purposes of
this section, the term ‘‘Federal agency’’ means any Federal
agency or any State agency carrying out affected respon-
sibilities required by operation of Federal law.
(h) JUDICIAL REVIEW AND SAVINGS CLAUSE.—
(1) JUDICIAL REVIEW.—Nothing in this section
shall affect the reviewability of any final Federal
agency action in a district court of the United States
or in the court of any State.
(2) SAVINGS CLAUSE.—Nothing in this section
shall be construed to affect the applicability of the Na-
tional Environmental Policy Act of 1969 or any other
Federal environmental statute or affect the respon-
sibility of any Federal officer to comply with or en-
force any such statute.
(i) STATE ENVIRONMENTAL REVIEW DELEGATION
PILOT DEMONSTRATION PROGRAM.—
(1) IN GENERAL.—The Secretary, in cooperation
with the Council on Environmental Quality, shall es-
tablish and implement a State environmental review
pilot demonstration program. Such program shall
permit the Secretary, in cooperation with the Council
on Environmental Quality, to develop criteria for
419
States to select up to 8 States for participation in the
program. A State interested in participation in the
program shall submit to the Secretary an application
for participation.
(2) DELEGATION
OF
AUTHORITY.—For each
State selected to participate in the pilot program, the
Secretary shall delegate and the State shall accept all
of the responsibilities for conducting the Federal envi-
ronmental review process required by the National
Environmental Policy Act of 1969 in the manner re-
quired if the projects were undertaken by the Sec-
retary.
(3) CERTIFICATION.—A State that is selected to
participate in the pilot program shall, prior to as-
suming any responsibilities for the Secretary under
this subsection, submit to the Secretary and the Sec-
retary, in cooperation with the Council on Environ-
mental Quality, shall approve a certification that
shall, at a minimum—
(A) be in a form acceptable to the Secretary;
(B) be executed by the Chief Executive Offi-
cer of the recipient of assistance under this sec-
tion (hereinafter in this section referred to as the
‘‘certifying officer’’);
420
(C) specify that the certifying officer con-
sents to assume the status of a responsible Fed-
eral officer under the National Environmental
Policy Act of 1969 (and any applicable regula-
tions issued by the Secretary or the Council on
Environmental Quality implementing such Act)
for the affected project;
(D) accept jurisdiction of the Federal courts
for the purpose of enforcement of the State’s re-
sponsibilities for the project; and
(E) agree that the Secretary’s approval of
such certification shall constitute the Secretary’s
responsibilities under the National Environ-
mental Policy Act of 1969 and any other related
provisions of law that the Secretary may specify
for the affected project.
(4) OVERSIGHT.—For each State selected to par-
ticipate in the pilot program, the Secretary shall, in
cooperation with the Council on Environmental Qual-
ity, conduct quarterly audits in the first year of such
participation, and annual audits every year there-
after, to ensure that each selected State is complying
with all elements of the certification provided for in
this subsection and all requirements delegated pursu-
ant to this subsection.
421
(5) TERMINATION.—The Secretary, in coopera-
tion with the Council on Environmental Quality,
may immediately terminate the participation of any
State if the Secretary, in cooperation with the Coun-
cil on Environmental Quality, finds that such State
is not complying with any responsibility or duty set
forth in this subsection or that the State’s continued
participation in the program would result in any ad-
verse impact on the environment.
(6) PERIOD OF APPLICABILITY.—The pilot pro-
gram shall remain in effect for 3 years. The pilot pro-
gram shall apply to all projects initiated within such
3-year period, and any such project shall be subject
to the provisions of this subsection until the review of
the project is completed under this subsection.
(7) REPORT TO CONGRESS.—The Secretary and
Council on Environmental Quality shall transmit to
Congress annual reports on the pilot program.
SEC. 503. MAJOR INVESTMENT STUDY INTEGRATION.
The Secretary shall eliminate the major investment
study set forth in section 450.318 of title 23, Code of Federal
Regulations, as a separate requirement and promulgate reg-
ulations to integrate such requirement, as appropriate, as
part of each analysis undertaken pursuant to the National
Environmental Policy Act of 1969 for a project receiving
422
assistance with funds made available under this Act (in-
cluding any amendments made by this Act).
SEC. 504. FINANCIAL PLAN.
The Secretary shall require each recipient of Federal
financial assistance for a highway or transit project with
an estimated total cost of $1,000,000,000 or more to submit
to the Secretary an annual financial plan. Such plan shall
be based on detailed annual estimates of the cost to complete
the remaining elements of the project and on reasonable as-
sumptions, as determined by the Secretary, of future in-
creases in the cost to complete the project.
SEC. 505. UNIFORM TRANSFERABILITY OF FEDERAL-AID
HIGHWAY FUNDS.
(a) IN GENERAL.—Chapter 1 is amended by inserting
after section 109 the following:
‘‘§ 110. Uniform transferability of Federal-aid high-
way funds
‘‘(a) GENERAL RULE.—Notwithstanding any other
provision of law but subject to subsections (b) and (c), if
at least 50 percent of a State’s apportionment under section
104 or 144 for a fiscal year or at least 50 percent of the
funds set-aside under section 133(d) from the State’s appor-
tionment section 104(b)(3) may not be transferred to any
other apportionment of the State under section 104 or 144
for such fiscal year, then the State may transfer not to ex-
423
ceed 50 percent of such apportionment or set aside to any
other apportionment of such State under section 104 or 144
for such fiscal year.
‘‘(b) APPLICATION
TO CERTAIN SET-ASIDES.—This
section shall not apply to funds subject to the last sentence
of section 133(d)(1) and funds subject to sections 104(f) and
133(d)(3). The maximum amount that a State may transfer
under this section of the State’s set-aside under section
133(d)(2) for a fiscal year may not exceed 50 percent of
(1) the amount of such set-aside, less (2) the amount of the
State’s set-aside under section 133(d)(3) for fiscal year
1996.
‘‘(c) APPLICATION TO CERTAIN CMAQ FUNDS.—The
maximum amount that a State may transfer under this
section of the State’s apportionment under section 104(b)(2)
for a fiscal year may not exceed 50 percent of (1) the
amount of such apportionment, less (2) the amount of the
State’s apportionment under section 104(b)(2) for fiscal
year 1997. Any such funds apportioned under section
104(b)(2) and transferred under this section may only be
obligated in geographic areas eligible for the obligation of
funds apportioned under section 104(b)(2).’’.
(b) CONFORMING AMENDMENT.—The table of sections
for chapter 1 is amended by inserting after the item relating
to section 109 the following:
‘‘110. Uniform transferability of Federal-aid highway funds.’’.
424
SEC. 506. DISCRETIONARY GRANT SELECTION CRITERIA
AND PROCESS.
(a) ESTABLISHMENT
OF CRITERIA.—The Secretary
shall establish criteria for all discretionary programs fund-
ed from the Highway Trust Fund (including the Mass
Transit Account). To the extent practicable, such criteria
shall conform to the Executive Order No. 12893 (relating
to infrastructure investment). In formulating such criteria,
the Secretary shall provide that, if 2 or more applications
for a discretionary grant are otherwise equal, then the grant
shall be awarded to the application from a State that has
a Highway Trust Fund (other than the Mass Transit Ac-
count) return of less than 90 percent.
(b) SELECTION PROCESS.—
(1) LIMITATION
ON
ACCEPTANCE
OF
APPLICA-
TION.—Before accepting application for grants under
any discretionary program for which funds are au-
thorized to be appropriated from the Highway Trust
Fund (including the Mass Transit Account) by this
Act (including the amendments made by this Act), the
Secretary shall publish the criteria established under
subsection (a). Such publication shall identify all
statutory criteria and any criteria established by reg-
ulation that will apply to such program.
(2) EXPLANATION.—At least 14 days before mak-
ing a grant under a discretionary program described
425
in paragraph (1), the Secretary shall transmit to the
respective committees of the House of Representatives
and the Senate having jurisdiction over such pro-
gram, and shall publish, an explanation of how
projects will be selected based on the criteria estab-
lished for such program under subsection (a).
(c) MINIMUM PROGRAMS.—At a minimum the criteria
established under subsection (a) and the process established
by subsection (b) shall apply to the following programs:
(1) The high cost Interstate System reconstruc-
tion and improvement program.
(2) The research program under title VI of this
Act.
(3) The national corridor planning and develop-
ment program.
(4) The coordinated border infrastructure and
safety program.
(5) The construction of ferry boats and ferry ter-
minal facilities.
(6) The scenic byway program.
(7) The discretionary bridge program.
(8) New fixed guideway systems and extensions
to existing fixed guideway systems under section 5309
of title 49, United States Code.
(9) Transit research and planning.
426
SEC. 507. ELIMINATION OF REGIONAL OFFICE RESPON-
SIBILITIES.
(a) IN GENERAL.—The Secretary shall eliminate any
programmatic responsibility of the regional offices of the
Federal Highway Administration as part of the Adminis-
tration’s efforts to restructure its field organization, includ-
ing elimination of regional offices, creation of technical re-
source centers, and maximum delegation of authority to its
State offices.
(b) REPORT
TO CONGRESS.—The Secretary shall
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a detailed
implementation plan not later than September 30, 1998,
and thereafter provide periodic progress reports to such
Committees.
(c) IMPLEMENTATION.—The Secretary shall begin im-
plementation of the plan transmitted under subsection (b)
not later than December 31, 1998.
SEC. 508. AUTHORITY FOR CONGRESS TO MAKE MIDCOURSE
CORRECTIONS TO THE HIGHWAY AND TRAN-
SIT PROGRAMS.
The Secretary shall not apportion or allocate, prior
to August 1, 2001, any funds authorized to be appropriated
or made available for fiscal year 2001 under title 23,
United States Code (other than sections 125 and 157 and
427
amounts necessary for the administration of the Federal
Highway Administration under section 104(a)), title I and
VI of this Act (other than section 127(b)), section 31104(a)
of title 49, United States Code, section 5338 of title 49,
United States Code (other than amounts necessary for the
administration of the Federal Transit Administration),
and title III of this Act, unless a law has been enacted mak-
ing midcourse corrections to the Federal-aid highway and
transit programs authorized by this Act (including amend-
ments made by this Act) which would, at a minimum—
(1) approve a funding distribution for and any
modifications to the high-cost interstate reconstruction
and improvement program;
(2) approve a proposed system of performance
bonuses to States pursuant to the bonus program es-
tablished under section 123 of this Act;
(3) approve a cost estimate for States as part of
the Appalachian development highway system pro-
gram;
(4) make any other appropriate programmatic
changes and recommendations made to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committees on Environment
and Public Works and Banking, Housing, and Urban
Affairs of the Senate;
428
(5) approve projects under the capital program
for final design and construction of a new fixed
guideway system or extension of an existing fixed
guideway system; and
(6) include a certification that such law meets
the requirements of this section.
TITLE VI—TRANSPORTATION
RESEARCH
SEC. 601. AMENDMENTS TO TITLE 23, UNITED STATES
CODE.
Except as otherwise specifically provided, whenever in
this title an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision
of law, the reference shall be considered to be made to a
section or other provision of title 23, United States Code.
SEC. 602. APPLICABILITY OF TITLE 23.
Funds made available by subparagraphs (F) through
(I) of section 127(a)(3) of this Act shall be available for
obligation in the same manner as if such funds were appor-
tioned under chapter 1 of title 23, United States Code, ex-
cept that the Federal share payable for a project or activity
carried out using such funds shall be determined by the Sec-
retary (unless otherwise expressly provided by this Act) and
such funds shall remain available until expended.
429
SEC. 603. TRANSFERS OF FUNDS.
The Secretary may transfer not to exceed 10 percent
of the amounts made available by each of subparagraphs
(F) through (I) of section 127(a)(3) of this Act to the
amounts made available by any other of such subpara-
graphs.
Subtitle A—Surface Transportation
Research, Technology, and Edu-
cation
PART I—HIGHWAY RESEARCH
SEC. 611. RESEARCH.
(a) RESEARCH.—Section 307(a) is amended—
(1) in paragraph (1) by striking subparagraph
(C); and
(2) by striking paragraph (3) and inserting the
following:
‘‘(3) AMOUNTS DEPOSITED BY COOPERATING OR-
GANIZATIONS AND PERSONS.—There shall be available
to the Secretary for carrying out this subsection such
funds as may be deposited by any cooperating organi-
zation or person in a special account of the Treasury
of the United States established for such purpose.’’.
(b) LONG-TERM PAVEMENT PERFORMANCE.—Section
307(b)(2) is amended to read as follows:
‘‘(2) LONG-TERM PAVEMENT PERFORMANCE.—
430
‘‘(A) IN GENERAL.—As part of the highway
research program under subsection (a), the Sec-
retary shall carry out a long-term pavement per-
formance program to continue to completion the
long-term pavement performance tests initiated
under the strategic highway research program.
‘‘(B) GRANTS, COOPERATIVE AGREEMENTS,
AND CONTRACTS.—In carrying out subparagraph
(A), the Secretary shall make grants and enter
into cooperative agreements and contracts for the
following purposes:
‘‘(i) To continue the monitoring, mate-
rial-testing, and evaluation of the highway
test sections established under the long-term
pavement performance program.
‘‘(ii) To carry out analyses of the data
collected under the program.
‘‘(iii) To prepare the products required
to fulfill the original objectives of the pro-
gram and to meet future pavement tech-
nology needs.’’.
(c) ADVANCED
RESEARCH.—Section 307(b)(4) is
amended to read as follows:
‘‘(4) ADVANCED RESEARCH.—
431
‘‘(A) IN GENERAL.—The highway research
program under subsection (a) shall include an
advanced 
research 
program 
that 
addresses
longer-term, higher-risk research that shows po-
tential benefits for improving the durability, effi-
ciency, environmental impact, productivity, and
safety (including bicycle and pedestrian safety)
of highway and intermodal transportation sys-
tems. In carrying out this program, the Sec-
retary shall strive to develop partnerships with
the public and private sectors.
‘‘(B) RESEARCH AREAS.—In carrying out
the advanced research program under subpara-
graph (A), the Secretary may make grants and
enter into cooperative agreements and contracts
in such areas as the Secretary determines appro-
priate, including the following:
‘‘(i) Characterization of materials used
in highway infrastructure, including ana-
lytical techniques, microstructure modeling,
and the deterioration processes.
‘‘(ii) Diagnostics for evaluation of the
condition of bridge and pavement structures
to enable assessment of failure risks.
432
‘‘(iii) Design and construction details
for composite structures.
‘‘(iv) Safety technology based problems
in the areas of pedestrian and bicycle safe-
ty, roadside hazards, and composite mate-
rials for roadside safety hardware.
‘‘(v) Particulate matter source appor-
tionment, control strategy synthesis evalua-
tion, and model development.
‘‘(vi) Data acquisition techniques for
system condition and performance monitor-
ing.
‘‘(vii) Prediction of the response of cur-
rent and future travelers to new tech-
nologies.’’.
(d) 
SUPPORTING
INFRASTRUCTURE.—Section
307(b)(5) is amended—
(1) by striking subparagraph (C); and
(2) by redesignating subparagraph (D) as sub-
paragraph (C).
(e) REPEALS.—Section 307 is amended—
(1) by striking subsections (c), (d), and (e); and
(2) by redesignating subsections (f), (g), and (h)
as subsections (c), (d), and (e), respectively.
433
(f) SEISMIC RESEARCH PROGRAM.—Section 307(c), as
so redesignated, is amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a program to study the vulnerability of the
Federal-aid highway system and other surface trans-
portation systems to seismic activity and to develop
and implement cost-effective methods to reduce such
vulnerability.’’;
(2) by striking paragraph (4) and inserting the
following:
‘‘(4) FUNDING.—Of the amounts made available
to carry out this section, the Secretary shall expend
not more than $2,000,000 for each of fiscal years
1998 through 2003 to carry out this subsection, of
which up to $2,500,000 may be used to upgrade
earthquake simulation facilities as required to carry
out the program.’’; and
(3) by striking paragraph (5).
(g) BIENNIAL REPORT.—Section 307(e), as so redesig-
nated, is amended—
(1) by striking ‘‘The Secretary’’ and inserting
‘‘BIENNIAL REPORT.—The Secretary’’; and
434
(2) by inserting after ‘‘highway needs’’ the fol-
lowing: ‘‘, as well as the backlog of current highway
needs,’’.
(h) RECYCLED MATERIALS RESEARCH PROGRAM.—
Section 307 is further amended by adding at the end the
following:
‘‘(f) RECYCLED MATERIALS RESEARCH PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall conduct
a program of research to determine—
‘‘(A) the performance of asphalt pavement
containing tire-derived carbonous asphalt modi-
fiers under various climate and use conditions;
and
‘‘(B) the degree to which asphalt pavement
containing tire-derived carbonous asphalt modi-
fiers can be recycled.
‘‘(2) DATE
OF
COMPLETION.—The Secretary
shall complete the research program under this sub-
section not later than 3 years after the date of the en-
actment of the Building Efficient Surface Transpor-
tation and Equity Act of 1998.’’.
(i) CONFORMING AMENDMENTS.—Chapter 3 is amend-
ed—
(1) in the heading to section 307 by striking
‘‘AND PLANNING’’; and
435
(2) in the table of sections for such chapter by
striking the item relating to section 307 and inserting
the following:
‘‘307. Research.’’.
SEC. 612. STATE PLANNING AND RESEARCH.
(a) IN GENERAL.—Chapter 3 is amended by inserting
after section 312 the following:
‘‘§ 313. State planning and research
‘‘(a) GENERAL RULE.—Two percent of the sums ap-
portioned for each fiscal year beginning after September 30,
1997, under section 104 (other than sections 104(f) and
104(h)) and under section 144 shall be available for expend-
iture by the State, in consultation with the Secretary, only
for the following purposes:
‘‘(1) Engineering and economic surveys and in-
vestigations.
‘‘(2) The planning of future highway programs
and local public transportation systems and the plan-
ning of the financing of such programs and systems,
including statewide planning under section 135.
‘‘(3) Development and implementation of man-
agement systems under section 303.
‘‘(4) Studies of the economy, safety, and conven-
ience of highway usage and the desirable regulation
and equitable taxation thereof.
436
‘‘(5) Research, development, and technology
transfer activities necessary in connection with the
planning, design, construction, management, and
maintenance of highway, public transportation, and
intermodal transportation systems and study, re-
search, and training on the engineering standards
and construction materials for such systems, includ-
ing the evaluation and accreditation of inspection
and testing and the regulation and taxation of their
use.
‘‘(b) MINIMUM EXPENDITURES ON RESEARCH, DEVEL-
OPMENT, AND TECHNOLOGY TRANSFER ACTIVITIES.—Not
less than 25 percent of the funds which are apportioned to
a State for a fiscal year and are subject to subsection (a)
shall be expended by the State for research, development,
and technology transfer activities described in subsection
(a) relating to highway, public transportation, and inter-
modal transportation systems unless the State certifies to
the Secretary for such fiscal year that total expenditures
by the State for transportation planning under sections 134
and 135 will exceed 75 percent of the amount of such funds
and the Secretary accepts such certification. Funds used for
research provided under this subsection are not subject to
an assessment under the Small Business Research and De-
437
velopment Enhancement Act of 1992 (Public Law 102–
564).
‘‘(c) FEDERAL SHARE.—The Federal share payable on
account of any project financed with funds which are sub-
ject to subsection (a) shall be 80 percent unless the Secretary
determines that the interests of the Federal-aid highway
program would be best served by decreasing or eliminating
the non-Federal share.
‘‘(d) ADMINISTRATION OF SUMS.—Funds which are
subject to subsection (a) shall be combined and administered
by the Secretary as a single fund which shall be available
for obligation for the same period as funds apportioned
under section 104(b)(1).’’.
(b) CONFORMING AMENDMENT.—The table of sections
for chapter 3 is amended by inserting after the item relating
to section 312 the following:
‘‘313. State planning and research.’’.
(c) HIGHWAY NOISE RESEARCH CENTER.—
(1) IN GENERAL.—The Secretary, in cooperation
with a university with an ongoing program relating
to noise control and acoustics research, shall carry out
research on methods to reduce highway noise.
(2) FUNDING.—Of the amounts made available
for each of fiscal years 1999 through 2003 by section
127(a)(3)(H) of this Act, $1,000,000 per fiscal year
shall be available to carry out this subsection.
438
SEC. 613. INTERNATIONAL HIGHWAY TRANSPORTATION
OUTREACH PROGRAM.
(a) ACTIVITIES.—Section 325(a) is amended—
(1) by inserting after ‘‘expertise’’ the following:
‘‘, goods, and services’’;
(2) by striking ‘‘and’’ at the end of paragraph
(4);
(3) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(6) gathering and disseminating information
on foreign transportation markets and industries.’’.
(b) FUNDS.—Section 325(c) is amended to read as fol-
lows:
‘‘(c) FUNDS.—Funds available to carry out this section
shall include funds deposited by any cooperating organiza-
tion or person in a special account for such purpose with
the Secretary of the Treasury. The funds deposited in the
special account and other funds available to carry out this
section shall be available to cover the cost of any activity
eligible under this section, including the cost of promotional
materials, travel, reception and representation expenses,
and salaries and benefits. Reimbursements for salaries and
benefits of Department of Transportation employees provid-
ing services under this section shall be credited to the special
account.’’.
439
(c) ELIGIBILITY.—Section 325 is amended by adding
at the end the following:
‘‘(d) ELIGIBLE USE OF STATE PLANNING AND RE-
SEARCH FUNDS.—A State, in coordination with the Sec-
retary, may obligate funds made available to carry out sec-
tion 313 for any activity authorized under subsection (a).’’.
PART II—TRANSPORTATION EDUCATION, PRO-
FESSIONAL TRAINING, AND TECHNOLOGY
DEPLOYMENT
SEC. 621. NATIONAL HIGHWAY INSTITUTE.
Section 321 is amended by striking subsection (f) and
redesignating subsection (g) as subsection (f).
SEC. 622. NATIONAL TECHNOLOGY DEPLOYMENT INITIA-
TIVE.
(a) IN GENERAL.—Chapter 3 is further amended by
inserting after section 321 the following:
‘‘§ 322. National technology deployment initiative
‘‘(a) IN GENERAL.—The Secretary shall develop and
implement a national technology deployment initiative to
expand adoption by the surface transportation community
of innovative technologies to improve the safety, efficiency,
reliability, service life, and sustainability of transportation
systems and to reduce environmental impact.
‘‘(b) INTEGRATION WITH OTHER PROGRAMS.—The
Secretary shall integrate activities undertaken pursuant to
440
this section with the efforts of the Department to dissemi-
nate the results of research sponsored by the Department
and to facilitate technology transfer.
‘‘(c) LEVERAGING OF FEDERAL RESOURCES.—In se-
lecting projects to be carried out under this section, the Sec-
retary shall give preference to projects that leverage Federal
funds with other significant public or private resources.
‘‘(d) GRANTS, CONTRACTS, AND COOPERATIVE AGREE-
MENTS.—The Secretary may carry out this section either
independently or in cooperation with other Federal depart-
ments, agencies, and instrumentalities or by making grants
to, or entering into contracts, cooperative agreements, or
other transactions with any State or local agency, author-
ity, association, institution, corporation (for-profit or non-
profit), organization, or person.’’.
(b) CONFORMING AMENDMENT.—The table of sections
for chapter 3 is amended by inserting after the item relating
to section 321 the following:
‘‘322. National technology deployment initiative.’’.
SEC. 623. EDUCATION AND TRAINING PROGRAMS.
(a) LOCAL TECHNICAL ASSISTANCE PROGRAM.—Sec-
tion 326(a) is amended—
(1) by striking ‘‘AUTHORITY’’ and inserting
‘‘LOCAL TECHNICAL ASSISTANCE PROGRAM’’; and
441
(2) by striking ‘‘transportation assistance pro-
gram’’ and inserting ‘‘local technical assistance pro-
gram’’.
(b) RESEARCH FELLOWSHIPS.—Section 326 is further
amended—
(1) by striking subsection (c);
(2) by redesignating subsection (b) as subsection
(c); and
(3) by inserting after subsection (a) the follow-
ing:
‘‘(b) RESEARCH FELLOWSHIPS.—
‘‘(1) GENERAL AUTHORITY.—The Secretary may,
acting either independently or in cooperation with
other Federal departments, agencies, and instrumen-
talities, make grants for research fellowships for any
purpose for which research is authorized by this sec-
tion.
‘‘(2) DWIGHT
DAVID
EISENHOWER
TRANSPOR-
TATION FELLOWSHIP PROGRAM.—The Secretary shall
establish and implement a transportation research fel-
lowship program for the purpose of attracting quali-
fied students to the field of transportation. Such pro-
gram shall be known as the ‘Dwight David Eisen-
hower Transportation Fellowship Program’.’’.
442
(c) CONFORMING AMENDMENTS.—Chapter 3 is amend-
ed—
(1) in the heading to section 326 by striking
‘‘program’’ and inserting ‘‘programs’’; and
(2) in the table of sections for such chapter by
striking the item relating to section 326 and inserting
the following:
‘‘326. Education and training programs.’’.
SEC. 624. UNIVERSITY TRANSPORTATION RESEARCH.
(a) IN GENERAL.—Subchapter I of chapter 55 of title
49, United States Code, is amended by adding at the end
the following:
‘‘§ 5505. University transportation research
‘‘(a) REGIONAL CENTERS.—The Secretary of Trans-
portation shall make grants to nonprofit institutions of
higher learning to establish and operate 1 university trans-
portation center in each of the 10 United States Govern-
ment regions that comprise the Standard Federal Regional
Boundary System.
‘‘(b) OTHER CENTERS.—The Secretary shall make
grants to nonprofit institutions of higher learning to estab-
lish and operate 10 university transportation centers, in
addition to the centers receiving grants under subsection
(a), to address transportation management and research
and development, with special attention to increasing the
443
number of highly skilled individuals entering the field of
transportation.
‘‘(c) SELECTION OF GRANT RECIPIENTS.—
‘‘(1) APPLICATIONS.—In order to be eligible to
receive a grant under this section, a nonprofit institu-
tion of higher learning shall submit to the Secretary
an application that is in such form and contains such
information as the Secretary may require.
‘‘(2) SELECTION CRITERIA.—The Secretary shall
select each recipient of a grant under this section
through a competitive process on the basis of the fol-
lowing:
‘‘(A) For regional centers, the location of the
center within the Federal region to be served.
‘‘(B) The demonstrated research and exten-
sion resources available to the recipient to carry
out this section.
‘‘(C) The capability of the recipient to pro-
vide leadership in making national and regional
contributions to the solution of immediate and
long-range transportation problems.
‘‘(D) The recipient’s establishment of a sur-
face transportation program encompassing sev-
eral modes of transportation.
444
‘‘(E) The recipient’s demonstrated commit-
ment of at least $200,000 in regularly budgeted
institutional amounts each year to support ongo-
ing transportation research and education pro-
grams.
‘‘(F) The recipient’s demonstrated ability to
disseminate results of transportation research
and education programs through a statewide or
regionwide continuing education program.
‘‘(G) The strategic plan the recipient pro-
poses to carry out under the grant.
‘‘(d) OBJECTIVES.—Each university transportation
center receiving a grant under this section shall conduct
the following programs and activities:
‘‘(1) Basic and applied research, the products of
which are judged by peers or other experts in the field
to advance the body of knowledge in transportation.
‘‘(2) An education program that includes multi-
disciplinary course work and participation in re-
search.
‘‘(3) An ongoing program of technology transfer
that makes research results available to potential
users in a form that can be implemented, utilized, or
otherwise applied.
445
‘‘(e) MAINTENANCE OF EFFORT.—In order to be eligi-
ble to receive a grant under this section, a recipient shall
enter into an agreement with the Secretary to ensure that
the recipient will maintain total expenditures from all other
sources to establish and operate a university transportation
center and related research activities at a level at least equal
to the average level of such expenditures in its 2 fiscal years
prior to award of a grant under this section.
‘‘(f) FEDERAL SHARE.—The Federal share of the costs
of activities carried out using a grant made under this sec-
tion is 50 percent of costs. The non-Federal share may in-
clude funds provided to a recipient under section 5307 or
5311 of this title or section 313, 322, or 326(a) of title 23,
United States Code.
‘‘(g) PROGRAM COORDINATION.—
‘‘(1) COORDINATION.—The Secretary shall co-
ordinate the research, education, training, and tech-
nology transfer activities that grant recipients carry
out under this section, disseminate the results of the
research, and establish and operate a clearinghouse.
‘‘(2) ANNUAL
REVIEW
AND
EVALUATION.—At
least annually, the Secretary shall review and evalu-
ate programs the grant recipients carry out.
‘‘(3) FUNDING LIMITATION.—The Secretary may
use not more than 1 percent of amounts made avail-
446
able from Government sources to carry out this sub-
section.
‘‘(h) LIMITATION ON AVAILABILITY OF FUNDS.—Funds
made available to carry out this program shall remain
available for obligation for a period of 2 years after the
last day of the fiscal year for which such funds are author-
ized.
‘‘(i) SPECIAL RULE FOR FISCAL YEARS 1998 and
1999.—
‘‘(1) IN GENERAL.—In carrying out subsections
(a) and (b) in fiscal years 1998 and 1999, the Sec-
retary shall make grants to each university transpor-
tation center and university research institute that
received a grant in fiscal year 1997 under section
5316 or 5317 of this title, as in effect on the day be-
fore the date of the enactment of this section.
‘‘(2) TERMS AND CONDITIONS.—Notwithstanding
any other provision of this section, grants made pur-
suant to paragraph (1) in fiscal years 1998 and 1999
shall be subject to the same terms and conditions as
the fiscal year 1997 grants referred to in paragraph
(1); except that the university research institutes at
San Jose State University, North Carolina A&T
State University, and the University of South Florida
447
shall each receive $1,000,000 in grants under para-
graph (1) in each of fiscal years 1998 and 1999.
‘‘(j) UNIVERSITY RESEARCH INSTITUTES.—Any uni-
versity research institute that received a grant under section
5316 of this title, as in effect on the day before the date
of the enactment of this section, shall be eligible to receive
grants made available to university transportation centers
under this section.
‘‘(k) APPLICATIONS THAT MAY BE CONSIDERED.—In
selecting grant recipients under subsection (b), the Sec-
retary shall consider at a minimum applications submitted
by the following:
‘‘(1) Any university transportation center or
university research institute described in subsection
(i)(1).
‘‘(2) The University of Denver and Mississippi
State University.
‘‘(3) The University of Arizona.
‘‘(4) The University of Central Florida.
‘‘(5) Carnegie Mellon and Lehigh Universities.
‘‘(6) University of Southern California and Cali-
fornia State University at Long Beach.
‘‘(7) Pace University.
‘‘(8) A consortium of historically black colleges
in Alabama.
448
‘‘(9) Lawson State Community College.
‘‘(10) A consortium consisting of the University
of Wisconsin, the University of Illinois, and Purdue
University.
‘‘(11) The University of New Hampshire.
‘‘(12) A consortium consisting of George Mason
University, along with the University of Virginia and
Virginia Tech University.
‘‘(13) The University of Tennessee.
‘‘(14) The Alabama Transportation Institute.
‘‘(15) A consortium consisting of Columbia Uni-
versity, City University of New York, Manhattan Col-
lege, and New Jersey Institute of Technology.
‘‘(16) Maritime College of the State University of
New York.
‘‘(17) University of New Orleans.’’.
(b) CONFORMING AMENDMENT.—The table of sections
for chapter 55 of title 49, United States Code, is amended
by inserting after the item relating to section 5504 the fol-
lowing:
‘‘5505. University transportation research.’’.
(c) APPALACHIAN TRANSPORTATION INSTITUTE.—
(1) GRANTS.—The Secretary shall make grants
under section 5505 of title 49, United States Code, to
Marshall University, West Virginia, on behalf of a
consortium which also may include West Virginia
449
University Institute of Technology, the College of West
Virginia, and Bluefield State College to establish and
operate an Appalachian Transportation Institute.
Such institute shall conduct research, training, tech-
nology transfer, and other transportation related ac-
tivities in the development and enhancement of trans-
portation systems in the Appalachian region, includ-
ing the Appalachian Development Highway System.
(2) FUNDING.—Of amounts made available to
carry out such section 5505, $2,000,000 shall be
available for each of fiscal years 1998 through 2003
to carry out paragraph (1).
(3) FEDERAL SHARE.—The Federal share pay-
able for the costs of the institute referred to in para-
graph (1) shall be 80 percent; except that the non-
Federal interest shall receive credit for the reasonable
cost associated with the establishment and adminis-
tration of the institute referred to in paragraph (1).
(d) ITS INSTITUTE.—
(1) GRANTS.—The Secretary shall make grants
under section 5505 of title 49, United States Code, to
the University of Minnesota to continue to operate
and expand the ITS Institute. The ITS Institute shall
continue to conduct research, education, and develop-
ment activities that focus on transportation manage-
450
ment, enhanced safety, human factors, and reduced
environmental effects. The ITS Institute shall develop
new or expanded programs to address emerging issues
of ITS related to transportation policy, intermod-
alism, sustainable community development, and
transportation telematics.
(2) FUNDING.—Of amounts made available to
carry out such section 5505, $2,000,000 shall be
available for each of fiscal years 1998 through 2003
to carry out paragraph (1).
(3) FEDERAL SHARE.—The Federal share pay-
able for the costs of the institute referred to in para-
graph (1) shall be 80 percent; except that the non-
Federal interest shall receive credit for the reasonable
cost associated with the establishment and adminis-
tration of the institute referred to in paragraph (1).
SEC. 625. FUNDING ALLOCATIONS.
Of the amounts made available for each of fiscal years
1998 through 2003 by section 127(a)(3)(G) of this Act—
(1) not to exceed $8,000,000 per fiscal year shall
be available for the National Highway Institute under
section 321 of title 23, United States Code;
(2) not to exceed $10,000,000 per fiscal year
shall be available for the local technical assistance
program under section 326(a) of such title;
451
(3) not to exceed $2,000,000 per fiscal year shall
be available for the Dwight D. Eisenhower Transpor-
tation Fellowship Program under section 326(b) of
such title;
(4) not to exceed $14,000,000 for each of fiscal
years 1998 and 1999 and $19,000,000 for each of fis-
cal years 2000 through 2003 shall be available for the
national technology deployment initiative program
under section 322 of such title; and
(5) not to exceed $17,750,000 per fiscal year
shall be available for university transportation cen-
ters under section 5505 of title 49, United States
Code.
PART III—BUREAU OF TRANSPORTATION
STATISTICS AND MISCELLANEOUS PROGRAMS
SEC. 631. BUREAU OF TRANSPORTATION STATISTICS.
(a) IN GENERAL.—Section 111 of title 49, United
States Code, is amended—
(1) by striking the second sentence of subsection
(b)(4);
(2) in subsection (c)(1)—
(A) in subparagraph (J) by striking ‘‘and’’
at the end;
(B) in subparagraph (K) by striking the pe-
riod and inserting ‘‘; and’’ ; and
453
285 et seq.), and shall undertake such other reviews
as may be requested by the Secretary.’’;
(5) in subsection (c) by adding at the end the fol-
lowing:
‘‘(7) SUPPORTING
TRANSPORTATION
DECISION-
MAKING.—Ensuring that the statistics compiled under
paragraph (1) are relevant for transportation deci-
sions by Federal, State, and local governments, trans-
portation-related associations, private businesses, and
consumers.’’;
(6) by redesignating subsections (d), (e), and (f)
as subsections (h), (i) and (j), respectively;
(7) by striking subsection (g); and
(8) by inserting after subsection (c) the follow-
ing:
‘‘(d) INTERMODAL TRANSPORTATION DATA BASE.—
The Director shall establish and maintain an intermodal
transportation data base. The data base shall be suitable
for analyses conducted by the Federal Government, the
States, and metropolitan planning organizations. The data
base shall include, at a minimum—
‘‘(1) information on the volumes and patterns of
movement of goods, including local, interregional, and
international movements, by all modes of transpor-
454
tation and intermodal combinations, and by relevant
classification;
‘‘(2) information on the volumes and patterns of
movement of people, including local, interregional,
and international movements, by all modes of trans-
portation and intermodal combinations, and by rel-
evant classification; and
‘‘(3) 
information 
on 
the 
location 
and
connectivity of transportation facilities and services
and a national accounting of expenditures and cap-
ital stocks on each mode of transportation and inter-
modal combinations.
‘‘(e) NATIONAL TRANSPORTATION LIBRARY.—The Di-
rector shall establish and maintain a national transpor-
tation library containing a collection of statistical and
other information needed for transportation decisionmaking
at the Federal, State, and local levels.
‘‘(f) 
NATIONAL
TRANSPORTATION
ATLAS
DATA
BASE.—The Director shall develop and maintain geo-
graphic data bases depicting transportation networks; flows
of people, goods, vehicles, and craft over those networks; and
social, economic, and environmental conditions affecting or
affected by those networks. These data bases shall be able
to support intermodal network analysis.
455
‘‘(g) RESEARCH AND DEVELOPMENT GRANTS.—The
Secretary may make grants to, or enter into cooperative
agreements or contracts with, public and nonprofit private
entities to support the programs and activities of the Bu-
reau.’’;
(9) by striking subsection (i), as so redesignated,
and inserting the following:
‘‘(i) PROHIBITION ON CERTAIN DISCLOSURES.—
‘‘(1) INFORMATION OBTAINED UNDER LONG-TERM
DATA COLLECTION PROGRAM.—An officer or employee
of the Bureau may not—
‘‘(A) make any publication in which the
data furnished by an individual or organization
under paragraph (c)(2) can be identified;
‘‘(B) use the information furnished under
the provisions of subsection (c)(2) for a non-
statistical purpose; or
‘‘(C) permit anyone other than the individ-
uals authorized by the Director to examine indi-
vidual reports furnished under subsection (c)(2).
‘‘(2) COPIES OF REPORTS.—No department, bu-
reau, agency, officer, or employee of the United
States, except the Director in carrying out the pur-
pose of this section, shall require, for any reason, cop-
ies of reports which have been filed under subsection
456
(c)(2) with the Bureau or retained by any individual
respondent. Copies of such reports which have been so
retained or filed with the Bureau or any of its em-
ployees, contractors, or agents shall be immune from
legal process, and shall not, without the consent of the
individual concerned, be admitted as evidence or used
for any purpose in any action, suit, or other judicial
or administrative proceeding. This paragraph shall
only apply to information that permits information
concerning an individual or organization to be rea-
sonable inferred by direct or indirect means.
‘‘(3) COLLECTION OF DATA FOR NONSTATISTICAL
PURPOSES.—In a case in which the Bureau is au-
thorized by statute to collect data or information for
nonstatistical purposes, the Director shall clearly dis-
tinguish the collection of such data or information by
rule, and on the collection instrument, to inform a re-
spondent requested or required to supply the data or
information of the nonstatistical purposes.’’; and
(10) by adding at the end the following:
‘‘(k) DATA PRODUCT SALES PROCEEDS.—Notwith-
standing section 3302 of title 31, United States Code, funds
received by the Bureau from the sale of data products may
be credited to the Highway Trust Fund (other than the
457
Mass Transit Account) and shall be available for the pur-
pose of reimbursing the Bureau for such expenses.
‘‘(l) FUNDING.—
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit
Account) $31,000,000 for each of fiscal years 1998
through 2003 to carry out this section, except that
amounts for activities under subsection (g) may not
exceed $500,000 in any fiscal year. Amounts made
available under this subsection shall remain available
for a period of 3 fiscal years.
‘‘(2) APPLICABILITY OF TITLE 23.—Funds au-
thorized by this subsection shall be available for obli-
gation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States
Code.’’.
(b) CONFORMING AMENDMENT.—Section 5503 of title
49, United States Code, is amended—
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), and (g)
as subsections (d), (e), and (f), respectively.
458
SEC. 632. TRANSPORTATION TECHNOLOGY INNOVATION
AND DEMONSTRATION PROGRAM.
(a) IN GENERAL.—The Secretary shall carry out a
transportation technology innovation and demonstration
program in accordance with the requirements of this sec-
tion.
(b) CONTENTS OF PROGRAM.—
(1) USE OF CONCRETE PAVEMENT.—
(A) IN GENERAL.—The Secretary shall con-
duct research on improved methods of using con-
crete pavement in the construction, reconstruc-
tion, and repair of Federal-aid highways.
(B) FUNDING.—Of the amounts made avail-
able for each of fiscal years 1998 through 2003
by section 127(a)(3)(H) of this Act, $10,000,000
per fiscal year shall be available to carry out
this paragraph.
(2) MOTOR
VEHICLE
SAFETY
WARNING
SYS-
TEM.—
(A) IN GENERAL.—The Secretary shall ex-
pand and continue the study authorized by sec-
tion 358(c) of the National Highway System
Designation Act of 1995 (23 U.S.C. 401 note;
109 Stat. 625) relating to the development of a
motor vehicle safety warning system and shall
conduct tests of such system.
459
(B) GRANTS.—In carrying out this para-
graph, the Secretary may make grants to State
and local governments.
(C) FUNDING.—Of the amounts made avail-
able for each of fiscal years 1998 through 2000
by section 127(a)(3)(H) of this Act, $700,000 per
fiscal year shall be available to carry out this
paragraph.
(3) STEEL BRIDGE CONSTRUCTION.—
(A) IN
GENERAL.—The Secretary shall
make grants for research and construction to im-
prove and demonstrate the use of steel bridge
construction.
(B) FUNDING.—Of the amounts made avail-
able for each of fiscal years 1998 through 2003
by section 127(a)(3)(H) of this Act, $10,000,000
per fiscal year shall be available to carry out
this paragraph.
(C) FEDERAL SHARE.—The Federal share
payable on account of construction activities car-
ried out using a grant made under this para-
graph shall be 80 percent of the cost of such ac-
tivities.
(4) USE OF ASPHALT PAVEMENT.—
460
(A) IN GENERAL.—The Secretary shall con-
duct research on improved methods of using as-
phalt pavement in the construction, reconstruc-
tion, and repair of Federal-aid highways.
(B) FUNDING.—Of the amounts made avail-
able for each of fiscal years 1998 through 2003
by section 127(a)(3)(H) of this Act, $10,000,000
per fiscal year shall be available to carry out
this paragraph.
(5) USE OF HAZARDOUS MATERIALS MONITORING
SYSTEMS.—
(A) IN GENERAL.—The Secretary shall con-
duct research on improved methods of deploying
and integrating existing ITS projects to include
hazardous materials monitoring systems across
various modes of transportation.
(B) FUNDING.—Of the amounts made avail-
able for each of fiscal years 1998 through 2003
by section 127(a)(3)(I) of this Act, $1,500,000
per fiscal year shall be available to carry out
this paragraph.
(6) MOTOR
CARRIER
ADVANCED
SENSOR
CON-
TROL SYSTEM.—
(A) IN GENERAL.—The Secretary shall con-
duct research on the deployment of a system of
461
advanced sensors and signal processors in trucks
and tractor trailers to determine axle and wheel
alignment, monitor collision alarm, check tire
pressure and tire balance conditions, measure
and detect load distribution in the vehicle, and
monitor and adjust automatic braking systems.
(B) FUNDING.—Of the amounts made avail-
able for each of fiscal years 1998 through 2003
by section 127(a)(3)(I) of this Act, $700,000 per
fiscal year shall be available to carry out this
paragraph.
(7) OUTREACH AND TECHNOLOGY TRANSFER AC-
TIVITIES.—
(A) IN GENERAL.—The Secretary shall con-
tinue to support the Urban Consortium’s ITS
outreach and technology transfer activities.
(B) FUNDING.—Of the amounts made avail-
able for each of fiscal years 1998 through 2003
by section 127(a)(3)(H) of this Act, $500,000 per
fiscal year shall be available to carry out this
paragraph.
(8) TRANSPORTATION ECONOMIC AND LAND USE
SYSTEM.—
(A) IN GENERAL.—The Secretary shall con-
tinue development and deployment through the
462
New Jersey Institute of Technology to metropoli-
tan planning organizations of the Transpor-
tation Economic and Land Use System.
(B) FUNDING.—Of the amounts made avail-
able for each of fiscal years 1998 through 2003
by section 127(a)(3)(H) of this Act, $1,000,000
per fiscal year shall be available to carry out
this paragraph.
(9) GREAT LAKES ITS IMPLEMENTATION.—
(A) IN
GENERAL.—The Secretary shall
make grants to the State of Wisconsin to con-
tinue ITS activities in the corridor serving the
Greater Milwaukee, Wisconsin, Chicago, Illinois,
and Gary, Indiana, areas initiated under the
Intermodal Surface Transportation Efficiency
Act of 1991.
(B) FUNDING.—Of the amounts allocated
for each of fiscal years 1998 through 2003 under
section 657(a) of this Act, $2,000,000 per fiscal
year shall be available to carry out this para-
graph.
(10) NORTHEAST ITS IMPLEMENTATION.—
(A) IN
GENERAL.—The Secretary shall
make grants to the States to continue ITS activi-
ties in the Interstate Route I–95 corridor in the
463
northeastern United States initiated under the
Intermodal Surface Transportation Efficiency
Act of 1991.
(B) FUNDING.—Of the amounts allocated
for each of fiscal years 1998 through 2003 under
section 657(a) of this Act, $5,000,000 per fiscal
year shall be available to carry out this para-
graph.
(11) COMPOSITE MATERIALS.—
(A) IN GENERAL.—The Secretary shall con-
duct research in the use of composite materials
for guardrails and bridge decking.
(B) FUNDING.—Of the amounts made avail-
able for each of fiscal years 1998 through 2003
by section 127(a)(3)(F) of this Act, $700,000 per
fiscal year shall be available to carry out this
paragraph.
(12) 
INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE.—
(A) IN
GENERAL.—The Secretary shall
carry out a program to advance the deployment
of an operational intelligent transportation in-
frastructure system for the measurement of var-
ious transportation system activities to aid in
the transportation planning and analysis while
464
making a significant contribution to the ITS
program under this title. This program shall be
located in the 2 largest metropolitan areas in the
State of Pennsylvania.
(B) FUNDING.—Of the amounts made avail-
able for each of fiscal years 1998 through 2003
by section 127(a)(3)(H) of this Act, $1,700,000
per fiscal year shall be available to carry out
this paragraph.
(C) FEDERAL SHARE.—The Federal share
payable on account of the program carried out
under this paragraph shall be 80 percent of the
cost of such program.
(13) CORROSION CONTROL AND PREVENTION.—
(A) IN
GENERAL.—The Secretary shall
make a grant to conduct a study on the costs
and benefits of corrosion control and prevention.
The study shall be conducted in conjunction with
an interdisciplinary team of experts from the
fields of metallurgy, chemistry, economics, and
others, as appropriate. Not later than September
30, 2001, the Secretary shall submit to Congress
a report on the study results, together with any
recommendations.
465
(B) FUNDING.—Of the amounts made avail-
able for each of fiscal years 1999 and 2000 by
section 127(a)(3)(H) of this Act, $500,000 per
fiscal year shall be available to carry out this
paragraph.
(14) RECYCLED MATERIALS.—
(A) IN
GENERAL.—The Secretary shall
make grants to the University of New Hamp-
shire to continue research on the use of recycled
materials in the construction of transportation
projects.
(B) FUNDING.—Of the amounts made avail-
able for each of fiscal years 1999 through 2003
by section 127(a)(3)(F) of this Act, $1,000,000
per fiscal year shall be available to carry out
this paragraph.
(15) TRANSLINK.—
(A) IN
GENERAL.—The Secretary shall
make grants to the Texas Transportation Insti-
tute to continue the Translink Research pro-
gram.
(B) FUNDING.—Of the amounts allocated
for each of fiscal years 1999 through 2001 under
section 657(a) of this Act, $1,300,000 per fiscal
466
year shall be available to carry out this para-
graph.
(16) FUNDAMENTAL PROPERTIES OF ASPHALTS
AND MODIFIED ASPHALTS.—
(A) IN GENERAL.—The Secretary shall con-
tinue to carry out section 6016 of the Intermodal
Surface Transportation Efficiency Act of 1991.
Additional areas of the program under such sec-
tion shall be asphalt-water interaction studies
and asphalt-aggregate thin film behavior studies.
(B) FUNDING.—Of the amounts made avail-
able for each of fiscal years 1999 through 2003
by section 127(a)(3)(F) of this Act, $3,000,000
per fiscal year shall be available to carry out
this paragraph.
(17) NATIONAL
CENTER
FOR
TRANSPORTATION
MANAGEMENT, RESEARCH, AND DEVELOPMENT.—
(A) IN
GENERAL.—The Secretary shall
make grants to design, develop, and implement
research, training, and technology transfer ac-
tivities to increase the number of highly skilled
minority individuals and women entering the
transportation workforce. The grant recipient
shall be an institution with a predominantly mi-
nority student population, a dedicated graduate