294
HR 1268 IH1S
(A) by striking ‘‘404(a)(2)’’ and inserting
‘‘4002(e)(1) and (2)’’;
(B) by striking ‘‘Surface Transportation
Assistance Act of 1982’’ and inserting ‘‘Inter-
modal Surface Transportation Efficiency Act of
1991’’;
(C) by striking ‘‘1991’’ and inserting
‘‘1996’’; and
(D) by striking ‘‘1992’’ and inserting
‘‘1997’’;
(8) by revising subsection (f) to read as follows:
‘‘(f) ALLOCATION CRITERIA AND ELIGIBILITY.—(1)
On October 1 of each fiscal year or as soon after that
date as practicable, the Secretary, after making the deduc-
tion described in subsection (e) of this section, shall allo-
cate, under criteria the Secretary prescribes through regu-
lation, the amounts available for that fiscal year among
the States with plans approved under section 31102 of
this title.
‘‘(2) However, the Secretary may designate up to 12
percent of such amounts to reimburse States for border
commercial motor vehicle safety programs and enforce-
ment and other high priority activities and projects. These
amounts may be allocated by the Secretary to State agen-
cies and local governments, that use trained and qualified
295
HR 1268 IH1S
officers and employees, and to other persons, in coordina-
tion with State motor vehicle safety agencies, for the im-
provement of commercial motor vehicle safety.’;
(9) by striking subsection (g) and redesignating
subsection (h) as subsection (g);
(10) in subsection (j), by striking ‘‘tolerance’’ in
the first sentence;
(11) by striking subsection (i) and redesignat-
ing subsection (j) as subsection (h).
(g) INFORMATION SYSTEMS AND STRATEGIC SAFETY
INITIATIVES.—Section 31106 of such title is revised to
read as follows:
‘‘§ 31106. information systems and strategic safety
initiatives
‘‘(a) INFORMATION SYSTEMS.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to establish motor carrier information systems and
data analysis programs to support motor carrier reg-
ulatory and enforcement activities required under
this title. In cooperation with the States, the infor-
mation systems shall be coordinated into a network
providing identification of motor carriers and driv-
ers, registration and licensing tracking, and motor
carrier and driver safety performance. The Secretary
shall develop and maintain data analysis capacity
296
HR 1268 IH1S
and programs to provide the means to develop strat-
egies to address safety problems and to use data
analysis to measure the effectiveness of these strate-
gies and related programs; to determine the cost ef-
fectiveness of State and Federal safety compliance,
enforcement programs, and other countermeasures;
to evaluate the safety fitness of motor carriers and
drivers; to identify and collect necessary data; and to
adapt, improve, and incorporate other information
and information systems as deemed appropriate by
the Secretary.
‘‘(2) COMMERCIAL VEHICLE INFORMATION SYS-
TEM.—
‘‘(A) The Secretary may include as part of
the information system authorized under para-
graph (1), an information system, to be called
the Commercial Vehicle Information System, to
serve as a clearinghouse and repository of infor-
mation related to State registration and licens-
ing of commercial motor vehicles and the safety
system of the commercial motor vehicle reg-
istrants or the motor carriers operating the ve-
hicles. The Secretary may include in the system
information on the safety fitness of each of the
motor carriers and/or registrants and other in-
297
HR 1268 IH1S
formation the Secretary considers appropriate,
including information on vehicle, driver, and
motor carrier safety performance.
‘‘(B) The Secretary may prescribe tech-
nical and operational standards to ensure—
‘‘(i) uniform, timely and accurate in-
formation collection and reporting by the
States necessary to carry out this system;
‘‘(ii) uniform State and Federal proce-
dures and policies necessary to operate the
Commercial Vehicle Information System;
and
‘‘(iii) the availability and reliability of
the information to the States and the Sec-
retary from the information system.
‘‘(C) The system shall link the Federal
motor carrier safety systems with State driver
and commercial vehicle registration and licens-
ing systems, and shall be designed—
‘‘(i) to enable a State, when issuing li-
cense plates or throughout the registration
period for a commercial motor vehicle, to
determine, through the use of the informa-
tion system, the safety fitness of the reg-
istrant or motor carrier;
298
HR 1268 IH1S
‘‘(ii) to allow a State to decide, in co-
operation with the Secretary, the types of
sanctions that may be imposed on the reg-
istrant or motor carrier, or the types of
conditions or limitations that may be im-
posed on the operations of the registrant
or motor carrier that will ensure the safety
fitness of the registrant or motor carrier;
‘‘(iii) to monitor the safety fitness of
the registrant or motor carrier during the
registration period; and
‘‘(iv) to require the State, as a condi-
tion of participation in the system, to im-
plement uniform policies, procedures, and
standards, and to possess or seek authority
to impose commercial motor vehicle reg-
istration sanctions on the basis of a Fed-
eral safety fitness determination.
‘‘(D) Of the amounts available for expendi-
ture under this section, not more than
$6,000,000 in each of fiscal years 1998, 1999,
2000, 2001, 2002, and 2003 may be made
available to carry out paragraph (a)(2) of this
section. The Secretary may authorize the oper-
ation of the information system by contract,
299
HR 1268 IH1S
through an agreement with one or more States,
or by designating, after consultation with the
States, a third party that represents the inter-
ests of the States.
‘‘(b) COMMERCIAL MOTOR VEHICLE DRIVER SAFETY
PROGRAM.—The Secretary is authorized to establish a
program focusing on improving commercial motor vehicle
driver safety. The objectives of the program shall in-
clude—
‘‘(1) enhancing the exchange of driver licensing
information among the States and among the
States, the Federal Government, and foreign coun-
tries;
‘‘(2) providing information to the judicial sys-
tem on the commercial motor vehicle driver licensing
program; and
‘‘(3) evaluating any aspect of driver perform-
ance and safety as deemed appropriate by the Sec-
retary.
‘‘(c) COOPERATIVE
AGREEMENTS, GRANTS, AND
CONTRACTS.—The Secretary may carry out this section
either independently or in cooperation with other Federal
departments, agencies, and instrumentalities, or by mak-
ing grants to and entering into contracts and cooperative
300
HR 1268 IH1S
agreements with States, localities, associations, institu-
tions, corporations (profit or nonprofit) or other persons.’’.
(h) AUTHORIZATION OF APPROPRIATIONS.—Section
31107 of such title is revised to read as follows:
‘‘§ 31107. Authorization of appropriations for infor-
mation systems and strategic safety ini-
tiatives
‘‘(a) There shall be available from the Highway Trust
Fund (other than the Mass Transit Account) for the Sec-
retary to incur obligations to carry out section 31106 of
this title the sum of $17 million for each of the fiscal years
1998, 1999, 2000, 2001, 2002, and 2003. The amounts
made available under this subsection shall remain avail-
able until expended.
‘‘(b) CONTRACT AUTHORITY.—Approval by the Sec-
retary of a grant under this section imposes upon the
United States Government a contractual obligation for
payment of the Government’s share of costs incurred in
carrying out the objectives of the grant.’’.
(i) SUBCHAPTER HEADING.—Subchapter I of chap-
ter 311 of such title is amended by inserting in the sub-
chapter heading after ‘‘GRANTS’’ the following: ‘‘AND
OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS’’.
(j) CONFORMING AMENDMENTS.—The analysis for
Chapter 311 of such title is amended—
301
HR 1268 IH1S
(1) by revising item 31106 to read as follows:
‘‘31106. Information Systems and Strategic Safety Initiatives.’’;
and
(2) by revising item 31107 to read as follows:
‘‘31107. Authorization of Appropriations for Information Systems and Strategic
Safety Initiatives.’’.
TITLE V—INFRASTRUCTURE CREDIT
ENHANCEMENT
SEC. 5001. SHORT TITLE.
This title may be cited as the ‘‘Transportation Infra-
structure Credit Enhancement Act of 1997’’.
SEC. 5002. FINDINGS.
Congress finds that—
(a) The economic vitality of the Nation and the
quality of life of its citizens depend upon continued
investment in surface transportation infrastructure
for the movement of both people and goods.
(b) The Nation’s needs to maintain, recon-
struct, and provide additional transportation infra-
structure investment in both rural and urban areas
exceed available resources under traditional pro-
grams.
(c) While recent Federal initiatives have
equipped States with new financing tools, certain
large infrastructure projects of national significance
cannot be adequately funded through existing grant
302
HR 1268 IH1S
programs or private capital markets and would bene-
fit from new forms of Federal assistance.
(d) A capital investment program for construct-
ing, reconstructing, and expanding transportation
infrastructure will create both direct and indirect
jobs.
(e) Investing in trade corridors will stimulate
exports and enhance the Nation’s competitiveness in
the world economy.
(f) Providing new, innovative ways to finance
transportation infrastructure will leverage limited
Federal resources and meet critical investment
needs.
(g) Fostering public-private partnerships will
attract private capital, advance necessary projects
through the development stage, control costs during
construction, and improve the management of trans-
portation facilities.
(h) Taking advantage of the public’s willingness
to pay user fees to receive the benefits and services
of transportation infrastructure sooner than would
be possible under traditional grant-based financing
will result in a more efficient and equitable alloca-
tion of the Nation’s resources.
303
HR 1268 IH1S
SEC. 5003. DEFINITIONS.
As used in this title, unless the context requires oth-
erwise—
(a) The term ‘‘Eligible Project Costs’’ means all
amounts funded with proceeds of Project Obliga-
tions, including—
(1) development phase activities, including
planning, feasibility analysis, environmental re-
view, permitting, preliminary engineering and
design work, and other pre-construction activi-
ties;
(2) construction, reconstruction, rehabilita-
tion, replacement, and acquisition of real prop-
erty, and the acquisition of equipment; and
(3) interest costs, reasonably required re-
serve funds, and issuance expenses.
(b) The term ‘‘Project’’ means any surface
transportation facility eligible for Federal assistance
under title 23 or chapter 53 of title 49, United
States Code.
(c) The term ‘‘Project Obligation’’ means any
note, bond, debenture, or other evidence of indebted-
ness issued by a Project Sponsor in connection with
the financing of a Project under this title.
(d) The term ‘‘Project Sponsor’’ means any
party primarily liable for payment of the principal of
304
HR 1268 IH1S
or interest on any Project Obligation under this
title, whether a corporation, partnership, joint ven-
ture, trust, or governmental entity or instrumental-
ity; provided that if such entity is not a State or
local government or any agency thereof, the project
it is undertaking shall be publicly owned and shall
be publicly sponsored as provided in paragraphs
5004(a) (3) and (4) of this title.
(e) The term ‘‘Revenue Stabilization Fund’’
means a reserve account established by a Project
Sponsor for the payment of principal of or interest
on Project Obligations.
(f) The term ‘‘Secretary’’ means the Secretary
of Transportation.
(g) The term ‘‘State’’ shall have the meaning
such term has in 23 U.S.C. 101.
SEC. 5004. DETERMINATION OF ELIGIBILITY AND PROJECT
SELECTION.
(a) ELIGIBILITY.—For a Project to receive financial
assistance under this title, it must meet the following cri-
teria.
(1) The Secretary shall determine that the
Project is nationally significant, based on the extent
to which the Project will transport passengers or
freight at lower costs or higher efficiency, will ad-
305
HR 1268 IH1S
vance multi-state corridors, will otherwise promote
metropolitan, regional, interstate, or international
commerce, or other factors. Single-State projects
shall be eligible only if such projects would generate
benefits beyond the State’s borders.
(2) The Project sponsor shall demonstrate to
the Secretary that the Project cannot otherwise ob-
tain adequate financing on reasonable terms and
conditions.
(3) The Project shall satisfy the applicable
Statewide planning requirements of 23 U.S.C. 135
and the metropolitan planning requirements of 23
U.S.C. 134 at the time any deposit agreement is en-
tered into under this title.
(4) The Project application shall be submitted
to the Secretary by a State or local government, or
any agency thereof.
(5) Eligible Project Costs shall equal or exceed
the lesser of $100,000,000 or 50 percent of the most
recent annual amount of Federal-aid highway funds
apportioned under title 23, United States Code, to
the State in which the Project is located.
(6) Project financing shall be payable in whole
or in part by user charges, such as tolls, or other
dedicated revenue sources.
306
HR 1268 IH1S
(b) SELECTION AMONG ELIGIBLE PROJECTS.—The
Secretary shall establish criteria for selecting among
Projects that meet the eligibility criteria of subsection (a)
of this section. Such selection criteria shall include—
(1) the credit-worthiness of the Project;
(2) the extent to which assistance under this
title would foster innovative public-private partner-
ships and attract private capital investment;
(3) the extent to which public benefits would
exceed public costs;
(4) the likelihood that assistance under this
title would enable the Project to proceed at an ear-
lier date than would be the case otherwise; and
(5) the extent to which user fees will be col-
lected using new technologies that enhance the flow
of commerce.
(c) FEDERAL REQUIREMENTS.—All requirements of
titles 23 and 49, United States Code, shall apply to funds
made available under this title and Projects assisted with
such funds unless the Secretary determines that any such
requirement, other than 23 U.S.C. 113 and 114, and 49
U.S.C. 5333, is inconsistent with any provision of this
title. Nothing in this subsection shall affect any respon-
sibility or obligation of the Secretary under any other Fed-
eral law, including the National Environmental Policy Act
307
HR 1268 IH1S
of 1969 (42 U.S.C. 4321 et seq.), title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), and the
Uniform Relocation Assistance and Land Acquisition Poli-
cies Act of 1970 (42 U.S.C. 4601 et seq.).
SEC. 5005. REVENUE STABILIZATION FUNDS.
(a) IN GENERAL.—The Secretary is authorized to
enter into agreements with one or more Project Sponsors
under which the Secretary shall make deposits, by means
of grants, to capitalize Revenue Stabilization Funds for
any Project selected under section 5004 of this title. Any
such Fund may also include contributions from State in-
frastructure banks, established under section 350 of the
National Highway System Designation Act of 1995 (Pub-
lic Law 104–59) or section 1022 of this Act, or other
sources. Any such Fund shall be available to pay debt
service costs on Project Obligations in accordance with
subsection (b) of this section.
(b) TERMS AND LIMITATIONS.—
(1) A deposit agreement under this section shall
be on such terms and conditions (including require-
ments for audits) as the Secretary determines.
(2) A Revenue Stabilization Fund under this
section shall be used to secure junior lien or other
Project Obligations, as determined by the Secretary.
308
HR 1268 IH1S
(3) Utilization of a Revenue Stabilization Fund
under this title shall not render Project Obligations
federally guaranteed for the purposes of subsection
149(b) of title 26, United States Code.
(4) Funds contributed to any Revenue Sta-
bilization Fund shall be invested in United States
Treasury securities, bank deposits, or such other fi-
nancing instruments as the Secretary may approve
to earn interest to enhance the fund.
(5) Any interest earned on funds contributed to
any Revenue Stabilization Fund shall be credited to
such Fund.
(6) Five years after the Project becomes oper-
ational, amounts in the Revenue Stabilization Fund
in excess of the level needed to secure Project Obli-
gations may be applied by the Project Sponsor to
other Eligible Project Costs, as approved by the Sec-
retary.
(7) The total amount of a deposit shall be not
more than 20 percent of Eligible Project Costs.
(8) No third party creditor of the Project Spon-
sor shall have any right against the Federal Govern-
ment with respect to any deposit.
309
HR 1268 IH1S
(c) CONSULTATION.—The Secretary shall consult
with the Secretary of the Treasury in implementing this
section.
SEC. 5006. RULES AND REGULATIONS.
The Secretary is authorized to make such rules and
regulations as deemed necessary or appropriate to carry
out the purposes and provisions of this title.
SEC. 5007. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Ac-
count) $100,000,000 for each of fiscal years 1998, 1999,
2000, 2001, 2002, and 2003 to carry out the provisions
of this title, to remain available until expended.
TITLE VI—RESEARCH
PART A—PROGRAMS AND ACTIVITIES
SEC. 6001. TRANSPORTATION RESEARCH AND DEVELOP-
MENT.
Subtitle III of title 49, United States Code, is amend-
ed by adding a new chapter 52 to read as follows:
‘‘CHAPTER 52—RESEARCH AND DEVELOPMENT
‘‘SUBCHAPTER I—GENERAL AND ADMINISTRATIVE
‘‘Sec.
‘‘5201. Transactional authority.
‘‘5202. Reliance on competition.
‘‘5203. Authorizations.
‘‘SUBCHAPTER II—PLANNING
‘‘5221. Planning.
‘‘5222. Implementation.
310
HR 1268 IH1S
‘‘SUBCHAPTER III—ADVANCED TRANSPORTATION RESEARCH AND
DEVELOPMENT PROGRAMS
‘‘5231. Intermodal transportation research and development program.
‘‘SUBCHAPTER IV—PROFESSIONAL CAPACITY BUILDING
‘‘5241.—National university transportation centers.
‘‘SUBCHAPTER I—GENERAL AND
ADMINISTRATIVE
‘‘§ 5201. Transactional authority
‘‘To carry out this chapter, the Secretary of Trans-
portation may enter into contracts, grants, cooperative
agreements, and other transactions with any person, agen-
cy, or instrumentality of the United States, any unit of
State or local government, any educational institution, and
any other entity to further the objectives of this chapter.
‘‘§ 5202. Reliance on competition
‘‘The Secretary of Transportation may award grants
or contracts to university transportation centers estab-
lished through competition under section 5241 of this title
without further competition. A noncompetitive award au-
thorized by this section must be for transportation re-
search, development, education or training consistent with
the strategic plan approved as part of the selection process
for the center.
‘‘§ 5203. Authorizations
‘‘(a) There is available from the Highway Trust
Fund, other than the Mass Transit Account, for the Sec-
retary of Transportation $10,000,000 for fiscal year 1998,
311
HR 1268 IH1S
$15,000,000 for fiscal year 1999, $20,000,000 for fiscal
year 2000, $25,000,000 for fiscal year 2001, $30,000,000
for fiscal year 2002, and $35,000,000 for fiscal year 2003,
to carry out subchapters II and III of this chapter.
‘‘(b) CONTRACT AUTHORITY AND AVAILABILITY OF
FUNDS.—Funds authorized by this section shall be avail-
able for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United
States Code; except that any Federal share of the cost
of any activity under subchapters II and III of this chap-
ter shall be in accordance with the provision of those sub-
chapters, and such funds shall remain available for obliga-
tion for a period of two years after the last day of the
fiscal year for which such funds are authorized.
‘‘SUBCHAPTER II—PLANNING
‘‘§ 5221. Planning
‘‘(a) AUTHORITY.—The Secretary of Transportation
shall establish a strategic planning process to determine
national transportation research and technology priorities,
coordinate Federal transportation research and technology
activities, and measure the impact of these research and
technology investments on the performance of the national
transportation system.
312
HR 1268 IH1S
‘‘(b) CRITERIA.—In developing strategic plans for
intermodal, multimodal, and modal research and tech-
nology, the Secretary shall consider the need to:
‘‘(1) Coordinate and link Federal, regional,
state, and metropolitan planning activities;
‘‘(2) Ensure that standard-setting in transpor-
tation is compatible with the concept of a seamless
transportation system;
‘‘(3) Encourage innovation;
‘‘(4) Identify and facilitate initiatives and part-
nerships to deploy advanced technology with the po-
tential for improving transportation systems over ten
years;
‘‘(5) Identify core research to support the Na-
tion’s long-term transportation technology and sys-
tem needs, including safety;
‘‘(6) Ensure the Nation’s ability to compete on
a global basis; and
‘‘(7) Provide a means of assessing the impact of
Federal research and technology investments on the
performance of the Nation’s transportation system.
‘‘§ 5222. Implementation
‘‘In implementing section 5221, the Secretary of
Transportation shall adopt such policies and procedures
as appropriate—
313
HR 1268 IH1S
‘‘(1) to provide for consultation among the Ad-
ministrators of the operating administrations of the
Department and other Federal officials with respon-
sibility for research important to national transpor-
tation needs;
‘‘(2) to promote the maximum exchange of in-
formation on transportation-related research and de-
velopment activities among the operating elements of
the Department, other Federal departments and
agencies, state and local governments, colleges and
universities, industry and other private and public
sector organizations engaged in such activities;
‘‘(3) to ensure that the Department’s research
and development programs do not duplicate other
Federal research and development programs;
‘‘(4) to ensure that the Department’s research
and development activities make appropriate use of
the talents, skills, and abilities residing at the Fed-
eral laboratories and leverage, to the extent prac-
tical, the research capabilities of institutions of high-
er education and private industry; and
‘‘(5) to validate the scientific and technical as-
sumptions underlying the Department’s research
and technology plans.
314
HR 1268 IH1S
‘‘SUBCHAPTER 
III—ADVANCED 
TRANS-
PORTATION RESEARCH AND DEVEL-
OPMENT PROGRAMS
‘‘§ 5231. Intermodal transportation research and de-
velopment program
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a program to be known as the ‘Inter-
modal Transportation Research and Development Pro-
gram’.
‘‘(b) PURPOSES.—The purposes of the Intermodal
Transportation Research and Development Program are
to—
‘‘(1) enhance the capabilities of Federal agen-
cies in meeting national transportation needs as de-
fined by their missions through support for basic
and applied research and development impacting the
various modes of transportation including research
and development in safety, security, mobility, energy
and environment, information and physical infra-
structure, and industrial design;
‘‘(2) identify and apply innovative research per-
formed by the Government, academia and the pri-
vate sector to the intermodal and multimodal trans-
portation research, development, and deployment
315
HR 1268 IH1S
needs of the Department and the Nation’s transpor-
tation enterprise;
‘‘(3) identify and leverage research, tech-
nologies, and other information developed by the
Government for national defense and non-defense
purposes for the benefit of public, commercial and
defense transportation sectors; and
‘‘(4) share information, analytical and research
capabilities among Federal, state and local govern-
ments, colleges and universities, and private organi-
zations to advance their transportation research, de-
velopment and deployment needs.
‘‘SUBCHAPTER IV—PROFESSIONAL
CAPACITY BUILDING
‘‘§ 5241. National university transportation centers
‘‘(a) REGIONALLY-BASED CENTERS.—The Secretary
of Transportation shall make grants to nonprofit institu-
tions of higher learning to establish and operate one uni-
versity transportation center in each of the ten (10)
United States Government regions that comprise the
Standard Federal Regional Boundary System.
‘‘(b) OTHER CENTERS.—The Secretary may make
grants to non-profit institutions of higher learning to es-
tablish and operate up to ten other university transpor-
tation centers to address transportation management, re-
316
HR 1268 IH1S
search and development, with special attention to increas-
ing the number of highly skilled minority individuals and
women entering the transportation workforce; transpor-
tation and industrial productivity; rural transportation;
advanced transportation technology; international trans-
portation policy studies; transportation infrastructure
technology; urban transportation research; transportation
and the environment; surface transportation safety; or
such other national transportation issues designated by
the Secretary.
‘‘(c) SELECTION CRITERIA.—A nonprofit institution
of higher learning interested in receiving a grant under
this section shall submit an application to the Secretary
in the way and containing the information the Secretary
prescribes. The Secretary shall select each recipient
through a competitive process on the basis of the follow-
ing:
‘‘(1) for regionally-based centers, the location of
the center within the Federal Region to be served;
‘‘(2) the demonstrated research and extension
resources available to the recipient to carry out this
section;
‘‘(3) the capability of the recipient to provide
leadership in making national and regional contribu-
317
HR 1268 IH1S
tions to the solution of immediate and long-range
transportation problems;
‘‘(4) the recipient’s establishment of a surface
transportation program encompassing several modes
of transportation;
‘‘(5) the recipient’s demonstrated commitment
of at least $200,000 in regularly budgeted institu-
tional amounts each year to support ongoing trans-
portation research and education programs;
‘‘(6) the recipient’s demonstrated ability to dis-
seminate results of transportation research and edu-
cation programs through a statewide or region-wide
continuing education program; and
‘‘(7) the strategic plan the recipient proposes to
carry out under the grant.
‘‘(d) OBJECTIVES.—Each university transportation
center shall conduct:
‘‘(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 transpor-
tation;
‘‘(2) an education program that includes multi-
disciplinary course work and participation in re-
search; and
318
HR 1268 IH1S
‘‘(3) an ongoing program of technology transfer
that makes research results available to potential
users in a form that can be implemented, utilized or
otherwise applied.
‘‘(e) MAINTENANCE OF EFFORT.—Before making a
grant under this section, the Secretary may require the
recipient to make an agreement with the Secretary to en-
sure 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 those expendi-
tures in its 2 fiscal years prior to award of a grant under
this section.
‘‘(f) FEDERAL SHARE.—A grant under this section
is for 50 percent of the cost of establishing and operating
the university transportation center and related research
activities the recipient carries out. The non-Federal share
may include funds provided to a recipient under section
5307 or 5311 of this title.
‘‘(g) PROGRAM COORDINATION.—The Secretary shall
provide for coordinating research, education, training, and
technology transfer activities that grant recipients carry
out under this section, the dissemination of the results of
the research, and the establishment and operation of a
clearinghouse. At least annually, the Secretary shall re-
319
HR 1268 IH1S
view and evaluate programs the grant recipients carry out.
The Secretary may use not more than one percent of
amounts made available from Government sources to carry
out this subsection.
‘‘(h) AMOUNTS
AVAILABLE
FOR
TECHNOLOGY
TRANSFER
ACTIVITIES.—At least 5 percent of the
amounts made available to carry out this section in a fiscal
year are available to carry out technology transfer activi-
ties.
‘‘(i) LIMITATION
ON AVAILABILITY
OF FUNDS.—
Funds made available to carry out this program remain
available for obligation for a period of two years after the
last day of the fiscal year for which such funds are author-
ized.’’.
SEC. 6002. BUREAU OF TRANSPORTATION STATISTICS.
(a) Section 111 of title 49, United States Code, is
amended—
(1) by striking the second sentence of para-
graph (b)(4);
(2) in paragraph (c)(1)—
(A) by striking ‘‘and’’ in subparagraph (J);
(B) by striking the period and substituting
‘‘; and’’ in subparagraph (K); and
(C) by inserting the following new subpara-
graph following subparagraph (K):
320
HR 1268 IH1S
‘‘(L) transportation-related variables influ-
encing global competitiveness.’’;
(3) in paragraph (c)(2)—
(A) by striking ‘‘national transportation
system’’ in the first sentence and substituting
‘‘nation’s transportation systems’’;
(B) by amending subparagraph (A) to read
as follows:
‘‘(A) be coordinated with efforts to meas-
ure outputs and outcomes of the Department of
Transportation and the nation’s transportation
systems under the Government Performance
and Results Act;’’; and
(C) by inserting ‘‘, made relevant to the
States and metropolitan planning organiza-
tions,’’ after ‘‘accuracy’’ in subparagraph (C);
(4) in paragraph (c)(3) by adding at the end of
the paragraph: ‘‘The Bureau shall review and report
to the Secretary of Transportation on the sources
and reliability of the statistics proposed by the
modal administrations to measure outputs and out-
comes as required by the Government Performance
and Results Act, and shall undertake such other re-
views of the sources and reliability of other data col-
321
HR 1268 IH1S
lected by the modal administrations as shall be re-
quested by the Secretary.’’;
(5) by inserting at the end of the section of
subsection (c) the following new paragraph:
‘‘(7) SUPPORTING TRANSPORTATION DECISION
MAKING.—Ensuring that the statistics compiled
under paragraph (1) of this subsection are relevant
for transportation decisions by Federal, State, and
local governments, transportation-related associa-
tions, private business, and consumers.’’;
(6) by—
(A) redesignating subsections (d), (e) and
(f) as subsections (h), (i) and (j), respectively;
(B) striking subsection (g); and
(C) adding the following new subsections:
‘‘(d) INTERMODAL TRANSPORTATION DATA BASE.—
The Director shall establish and maintain an Intermodal
Transportation Data Base, in consultation with the As-
sistant Secretaries and operating Administrations of the
Department. This data base shall be suitable for analyses
conducted by the Federal Government, the States, and
metropolitan planning organizations. The data base shall
include but not be limited to—
‘‘(1) information on the volumes and patterns
of movement of goods, including local, interregional,
322
HR 1268 IH1S
and international movements, by all modes of trans-
portation and intermodal combinations, and by rel-
evant 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
Director shall establish and maintain the National Trans-
portation Library, containing a collection of statistical and
other information needed for transportation decision mak-
ing at the Federal, State, and local levels. The Bureau
shall facilitate and promote access to the Library, with
the goal of improving the ability of the transportation
community to share information and the Bureau to make
statistics readily accessible under paragraph (c)(5) of this
section. The Bureau shall work with other transportation
libraries and other transportation information providers,
both public and private, to achieve this goal.
323
HR 1268 IH1S
‘‘(f) NATIONAL
TRANSPORTATION
ATLAS
DATA
BASE.—The Director shall develop and maintain geo-spa-
tial 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.
‘‘(g) RESEARCH AND DEVELOPMENT GRANTS.—The
Secretary may make grants to, or enter into cooperative
agreements or contracts with, public and nonprofit private
entities (including, but not limited to, State Departments
of Transportation, metropolitan planning organizations,
Transportation Research Centers, and universities) for—
‘‘(1) the investigation of the subjects listed in
subsection (c)(1) of this section and for research and
development of new methods of data collection, man-
agement, integration, dissemination, interpretation,
and analysis;
‘‘(2) development of electronic clearinghouses of
transportation data and related information, as part
of the National Transportation Library under sub-
section (e) of this section; and
‘‘(3) development and improvement of methods
for sharing geographic data, in support of the Na-
tional Transportation Atlas Data Base under sub-
324
HR 1268 IH1S
section (f) and the National Spatial Data Infrastruc-
ture.’’;
(7) by amending subsection (i), as redesignated,
to read as follows:
‘‘(i) PROHIBITION ON CERTAIN DISCLOSURES.—(1)
An officer or employee of the Bureau may not—
‘‘(A) make any publication in which the data
furnished by a person under paragraph (c)(2) can be
identified;
‘‘(B) use the information furnished under the
provisions of paragraph (c)(2) of this section for a
non-statistical purpose; or
‘‘(C) permit anyone other than the individuals
authorized by the Director to examine individual re-
ports furnished under paragraph (c)(2) of this sec-
tion.
‘‘(2) No department, bureau, agency, officer, or em-
ployee of the United States except the Director of the Bu-
reau of Transportation Statistics in carrying out the pur-
pose of this section, shall require, for any reason, copies
of reports which have been filed under paragraph (c)(2)
with the Bureau of Transportation Statistics or retained
by any individual respondent. Copies of such reports which
have been so retained or filed with the Bureau or any of
its employees, contractors, or agents shall be immune from
325
HR 1268 IH1S
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 admin-
istrative proceeding. This paragraph shall only apply to
individually identifiable data.
‘‘(3) In a case in which the Bureau is authorized by
statute to collect data or information for nonstatistical
purposes, the Director shall clearly distinguish the collec-
tion of such data or information by rule and on the collec-
tion instrument to inform a respondent requested or re-
quired to supply the data or information of the nonstatis-
tical purposes.’’;
(8) by striking ‘‘On or before January 1, 1994
and annually thereafter, the’’ and substituting
‘‘The’’ in subsection (j), as redesignated; and
(9) by adding the following new subsections at
the end of the section:
‘‘(k) DATA PRODUCT SALES PROCEEDS.—Notwith-
standing 31 U.S.C. 3302, funds received by the Bureau
of Transportation Statistics from the sale of data products
may be credited to the Highway Trust Fund (other than
the Mass Transit Account) for the purpose of reimbursing
the Bureau for such expenses.
‘‘(l)(1) FUNDING.—There is authorized to be appro-
priated out of the Highway Trust Fund (other than the
326
HR 1268 IH1S
Mass Transit Account), $31,000,000 for each of fiscal
years 1998, 1999, 2000, 2001, 2002 and 2003 to carry
out this section provided that amounts for activities under
subsection (g) of this section, may not exceed $500,000
per year. Amounts made available under this subsection
shall remain available for a period of three years.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized by
this subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter
1 of title 23, United States Code.’’.
(b) CONFORMING AMENDMENT.—Section 5503 of
title 49, United States Code, is amended by—
(1) repealing subsection (d); and
(2) redesignating subsections (e), (f), and (g) as
(d), (e), and (f), respectively.
SEC. 6003. RESEARCH AND TECHNOLOGY PROGRAM.
(a) Section 307 of title 23, United States Code, is
amended by revising subsections (a) and (b) to read as
follows:
‘‘(a) PREAMBLE, GENERAL AUTHORITY, AND COL-
LABORATIVE AGREEMENTS.—
‘‘(1) PREAMBLE.—Results of research, tech-
nology transfer, studies, and activities have dem-
onstrated that continued and increased efforts to
provide for technical innovation must be a corner-
327
HR 1268 IH1S
stone in the foundation as the transportation com-
munity moves into the next century. A strong Fed-
eral transportation research and technology program
is recognized as essential to ensure that innovation
is developed and incorporated into the multi-billion
dollar infrastructure program. Technology advance-
ment is essential to support the Nation’s infrastruc-
ture needs and, in turn, its ability to continue to
participate successfully in a global marketplace and
economy.
‘‘(2) AUTHORITY OF THE SECRETARY.—
‘‘(A) IN
GENERAL.—The Secretary shall
engage in research, development, and tech-
nology transfer activities with respect to motor
carrier transportation and all phases of highway
planning and development (including construc-
tion, operation, modernization, development, de-
sign, maintenance, safety, financing, and traffic
conditions) and the effect thereon of State laws
and may test, develop, or assist in testing and
developing any material, invention, patented ar-
ticle, or process.
‘‘(B) COOPERATION, GRANTS, AND
CON-
TRACTS.—The Secretary may carry out this
section either independently or in cooperation
328
HR 1268 IH1S
with other Federal departments, agencies, and
instrumentalities or by making grants to, or en-
tering into contracts, cooperative agreements,
and other transactions with, the National Acad-
emy of Sciences, the American Association of
State Highway and Transportation Officials, or
any State agency, authority, association, insti-
tution, corporation (profit or nonprofit), organi-
zation, or person.
‘‘(C) TECHNICAL INNOVATION.—The Sec-
retary shall develop and administer programs to
facilitate application of the products of research
and technical innovations that will improve the
safety, efficiency, and effectiveness of the high-
way system.
‘‘(D) FUNDS.—
‘‘(i) IN GENERAL.—Except where spe-
cifically noted otherwise in other sections
of chapter 3, the funds necessary to carry
out this subsection shall be taken by the
Secretary out of administrative funds de-
ducted pursuant to section 104(a) of this
title and such funds as may be deposited
by any cooperating organization or person
in a special account of the Treasury of the
329
HR 1268 IH1S
United States established for such pur-
poses, and such funds shall remain avail-
able for obligation for a period of three
years after the last day of the fiscal year
for which the funds are authorized.
‘‘(ii) USE OF FUNDS.—The Secretary
shall use funds available to carry out this
section to develop, administer, commu-
nicate, and achieve the use of products of
the research, development, and technology
transfer programs, and to otherwise inter-
act with partners and users in the plan-
ning and dissemination of results.
‘‘(3) COLLABORATIVE RESEARCH AND DEVEL-
OPMENT.—
‘‘(A) IN GENERAL.—For the purposes of
encouraging innovative solutions to surface
transportation problems and stimulating the
marketing of new technology by private indus-
try, the Secretary is authorized to undertake,
on a cost-shared basis, collaborative research
and development with non-Federal entities, in-
cluding State and local governments, foreign
governments, colleges and universities, corpora-
tions, institutions, partnerships, sole proprietor-
330
HR 1268 IH1S
ships, and trade associations that are incor-
porated or established under the laws of any
State.
‘‘(B) AGREEMENTS.—In carrying out this
paragraph, the Secretary may enter into cooper-
ative research and development agreements, as
such term is defined under section 12 of the
Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710a).
‘‘(C) 
FEDERAL
SHARE.—The 
Federal
share payable on account of activities carried
out under a cooperative research and develop-
ment agreement entered into under this para-
graph shall not exceed 50 percent of the total
cost of such activities; except that, if there is
substantial public interest or benefit, the Sec-
retary may approve a higher Federal share. All
costs directly incurred by the non-Federal part-
ners, including personnel, travel, and hardware
development costs, shall be treated as part of
the non-Federal share of the cost of such activi-
ties for purposes of the preceding sentence.
‘‘(D) UTILIZATION OF TECHNOLOGY.—The
research, development, or utilization of any
technology pursuant to a cooperative research
331
HR 1268 IH1S
and development agreement entered into under
this paragraph, including the terms under
which the technology may be licensed and the
resulting royalties may be distributed, shall be
subject to the Stevenson-Wydler Technology In-
novation Act of 1980.
‘‘(E) FUNDS.—The funds necessary to
carry out this paragraph shall be taken by the
Secretary out of administrative funds deducted
pursuant to section 104(a) of this title and such
funds as may be deposited by any cooperating
organization or person in a special account of
the Treasury of the United States established
for such purposes.
‘‘(4) 
WAIVER
OF
ADVERTISING
REQUIRE-
MENTS.—The provisions of section 3709 of the Re-
vised Statutes (41 U.S.C. 5) shall not be applicable
to contracts or agreements entered into under this
chapter.
‘‘(b) MANDATORY CONTENTS
OF PROGRAM.—The
Secretary shall include in the surface transportation re-
search, development, and technology transfer programs
under this subsection and as specified elsewhere in this
title—
332
HR 1268 IH1S
‘‘(1) a coordinated long-term program of re-
search for the development, use, and dissemination
of performance indicators to measure the perform-
ance of the surface transportation system of the
United States, including indicators for productivity,
efficiency, energy use, air quality, congestion, safety,
maintenance, and other factors which reflect the
overall performance of such system.
‘‘(2) a program to strengthen and expand sur-
face transportation infrastructure research, develop-
ment, and technology transfer, including, as a mini-
mum, the following elements:
‘‘(A) Methods and materials for improving
the durability of surface transportation infra-
structure facilities and extending the life of
bridge structures, including new and innovative
technologies to reduce corrosion.
‘‘(B) Expansion of the Department of
Transportations’s inspection and mobile non-
destructive examination capabilities, including
consideration of the use of high energy field ra-
diography for more thorough and more frequent
inspection of bridge structures as well as added
support to State, local, and tribal highway de-
partments.
333
HR 1268 IH1S
‘‘(C) A research and development program
directed toward the reduction of costs associ-
ated with the construction of highways and
mass transit systems.
‘‘(D) A surface transportation research
program to develop nondestructive evaluation
equipment for use with existing infrastructure
facilities and for next generation infrastructure
facilities that utilize advanced materials.
‘‘(E) Information technology including ap-
propriate computer programs to collect and
analyze data on the status of the existing infra-
structure facilities for enhancing management,
growth, and capacity; and dynamic simulation
models of surface transportation systems for
predicting capacity, safety, and infrastructure
durability problems, for evaluating planned re-
search projects, and for testing the strengths
and weaknesses of proposed revisions in surface
transportation operations programs.
‘‘(F) New innovative technologies to en-
hance and facilitate field construction and reha-
bilitation techniques for minimizing disruption
during repair and maintenance of existing
structures.
334
HR 1268 IH1S
‘‘(G) Initiatives to improve the Nation’s
ability to respond to emergencies and natural
disasters, and to enhance national defense mo-
bility.’’.
(b) Section 307 of such title is further amended—
(1) by striking subsections (c), (d), (e), and (f);
(2) by redesignating (g) and (h) as (c) and (d),
respectively; and
(3) by revising subsections (c) and (d), as so re-
designated, to read as follows:
‘‘(c) As used in this chapter the term ‘safety’ in-
cludes, but is not limited to, highway safety systems, re-
search, and development relating to vehicle, highway, and
driver characteristics, accident investigations, communica-
tions, emergency medical care, and transportation of the
injured.
‘‘(d) The Secretary shall report to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives in January 1999, and in Janu-
ary of every second year thereafter, estimates of the future
highway needs of the Nation. The biennial reports re-
quired under this subsection shall provide the means, in-
cluding all necessary information, to relate and compare
335
HR 1268 IH1S
the conditions and service measures used in different years
when such measures are changed.’’.
SEC. 6004. NATIONAL TECHNOLOGY DEPLOYMENT INITIA-
TIVES.
(a) IN GENERAL.—Chapter 3 of such title is amend-
ed—
(1) by striking sections 321 and 326; and
(2) by adding at the end the following new sec-
tion:
‘‘§ 326. National technology deployment initiatives
program
‘‘(a) ESTABLISHMENT.—The Secretary shall develop
and administer a National Technology Deployment Initia-
tives program for the purpose of significantly expanding
the adoption of innovative technologies by the surface
transportation community.
‘‘(b) DEPLOYMENT GOALS.—The Secretary shall es-
tablish a limited number of goals for the program carried
out under this section. Each of the goals and the program
developed to achieve the goals shall be designed to provide
tangible benefits in the areas of transportation system effi-
ciency, safety, reliability, service life, environmental pro-
tection, and sustainability. For each of these goals, the
Secretary, in cooperation with representatives of the trans-
portation community such as the States, local government,
336
HR 1268 IH1S
the private sector, and academia, shall access domestic
and international technology to develop strategies and ini-
tiatives to achieve the goal, including technical assistance
in deploying technology, and mechanisms for sharing in-
formation among program participants. Goals to be ad-
dressed may include:
‘‘(1) Reduced delay and improved safety within
construction and maintenance work areas.
‘‘(2) Extended life of the current infrastructure.
‘‘(3) Increased system durability and life, in-
cluding applications of high performance materials.
‘‘(4) Improved safety of driving at night and
other periods of reduced visibility.
‘‘(5) Support and enhancement of the environ-
ment with use of innovative technologies.
‘‘(6) Support of community-oriented transpor-
tation and sustainable development.
‘‘(7) Minimized transportation system closures,
constraints, and delay caused by snow and ice.
‘‘(c) REPORTING.—Not later than 18 months after
the date of the enactment of this section, and each 48
months thereafter, the Secretary shall transmit to the
Committee on Environment and Public Works of the Sen-
ate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report on the
337
HR 1268 IH1S
progress and results of activities carried out under this
section.
‘‘(d) FUNDING.—There are authorized to be appro-
priated, out of the Highway Trust Fund (other than the
Mass Transit Account), $56,000,000 for each of fiscal
years 1998, 1999, and 2000; and $84,000,000 for each
of fiscal years 2001, 2002, and 2003 to carry out this
section. Where appropriate to achieve the goals outlined
above, the Secretary may further allocate such funds to
States for their use.
‘‘(e) LEVERAGING OF RESOURCES.—The Secretary
shall give preference to projects that leverage Federal
funds against significant resources from other sources,
public or private.
‘‘(f) CONTRACT AUTHORITY.—Funds authorized by
this subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter
1 of title 23, United States Code; except that the Federal
share of the cost of any activity under this section shall
be determined by the Secretary and such funds shall re-
main available for obligation for a period of 3 years after
the last day of the fiscal year for which the funds are au-
thorized. After providing notice and an opportunity for
comment, the Secretary may waive, in whole or in part,
application of any provision of title 23 of the United
338
HR 1268 IH1S
States Code, if the Secretary determines that such waiver
is not contrary to the public interest and will advance the
technology deployment nationwide. Any waiver under this
section shall be published in the Federal Register, together
with reasons for such waiver.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 3 of such title is amended—
(1) by striking—
‘‘321. National Highway Institute.’’;
(2) by striking—
‘‘326. Education and training program.’’
and inserting—
‘‘326. National technology deployment initiatives program.’’.
SEC. 6005. PROFESSIONAL CAPACITY BUILDING AND TECH-
NOLOGY PARTNERSHIPS.
(a) Chapter 3 of such title is further amended by add-
ing at the end the following new section:
‘‘§ 327. Professional capacity building and technology
partnerships
‘‘(a) LOCAL TECHNICAL ASSISTANCE PROGRAM.—
‘‘(1) AUTHORITY.—The Secretary shall carry
out a transportation assistance program that will
provide access to modern highway technology to—
‘‘(A) highway and transportation agencies
in urbanized areas of 50,000 to 1,000,000 pop-
ulation;
339
HR 1268 IH1S
‘‘(B) highway and transportation agencies
in rural areas; and
‘‘(C) contractors doing work for such agen-
cies.
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS AND
CONTRACTS.—The Secretary may make grants and
enter into cooperative agreements and contracts for
education and training, technical assistance, and re-
lated support service that will—
‘‘(A) assist rural, local transportation
agencies and tribal governments, and the con-
sultants and construction personnel working for
such agencies and governments, to—
‘‘(i) develop and expand their exper-
tise in road and transportation areas (in-
cluding pavement, bridge, and safety man-
agement systems);
‘‘(ii) improve roads and bridges;
‘‘(iii) enhance programs for the move-
ment of passengers and freight, and inter-
governmental transportation planning and
project selection; and
‘‘(iv) deal effectively with special road-
related problems by preparing and provid-
340
HR 1268 IH1S
ing training packages, manuals, guidelines,
and technical resource materials;
‘‘(B) identify, package, and deliver usable
highway technology to local jurisdictions to as-
sist urban transportation agencies in developing
and expanding their ability to deal effectively
with road-related problems;
‘‘(C) operate, in cooperation with State
transportation agencies and universities,—
‘‘(i) local technical assistance program
centers to provide technology transfer serv-
ices to rural areas and to urban areas with
populations 
between 
50,000 
and
1,000,000; and
‘‘(ii) not fewer than four centers des-
ignated to provide transportation technical
assistance to American Indian tribal gov-
ernments; and
‘‘(D) allow local transportation agencies
and tribal governments, in cooperation with the
private sector, to enhance new technology im-
plementation.
‘‘(3) FUNDS.—There are authorized to be ap-
propriated, out of the Highway Trust Fund (other
than the Mass Transit Account), $12,000,000 for
341
HR 1268 IH1S
each of fiscal years 1998, 1999, 2000, 2001, 2002,
and 2003, to be used for the purpose of developing
and administering the program established under
this section and to provide technical and financial
support for the technology transfer centers, includ-
ing up to 100 percent for services provided to Amer-
ican Indian tribal governments.
‘‘(4) CONTRACT
AUTHORITY.—Funds author-
ized under 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; except that the Federal share of the cost of
any activity under this section shall be determined in
accordance with this section, and such funds shall
remain available for obligation for a period of three
years after the last day of the fiscal year for which
the funds are authorized.
‘‘(b) NATIONAL HIGHWAY INSTITUTE.—
‘‘(1) ESTABLISHMENT; DUTIES; PROGRAMS.—
‘‘(A) 
ESTABLISHMENT.—The 
Secretary
shall establish and operate in the Federal High-
way Administration a National Highway Insti-
tute (hereinafter in this section referred to as
the ‘Institute’).
342
HR 1268 IH1S
‘‘(B) DUTIES.—The Institute shall develop
and administer, in cooperation with the State
transportation agencies, United States industry,
and any national or international entity, edu-
cation and training programs of instruction for
Federal Highway Administration, State, and
local transportation agencies employees; Re-
gional, State, and Metropolitan Planning Orga-
nizations; State and local police, public safety,
and motor vehicle employees; and United State
citizens and foreign nationals engaged or to be
engaged in surface transportation work of inter-
est to the United States. The Secretary shall
administer, through the Institute, the authority
vested in the Secretary by this title or by any
other provision of law for the development and
conduct of education and training programs re-
lating to highways.
‘‘(C) TYPES
OF
PROGRAMS.—Programs
that the Institute may develop and administer
may include courses in modern developments,
techniques, methods, regulations, management,
and procedures relating to surface transpor-
tation, environmental factors, acquisition of
rights-of-way, relocation assistance, engineering,
343
HR 1268 IH1S
safety, construction, maintenance, operations,
contract administration, motor carrier activities,
inspection, and highway finance.
‘‘(2) SET-ASIDE; FEDERAL SHARE.—Not to ex-
ceed one-quarter of 1 percent of all funds appor-
tioned to a State under section 104(b)(3) for the
surface transportation program shall be available for
expenditure by the State transportation agencies for
payment of not to exceed 80 percent of the cost of
tuition and direct educational expenses (but not
travel, subsistence, or salaries) in connection with
the education and training of State and local trans-
portation agencies’ employees as provided in this
section.
‘‘(3) FEDERAL
RESPONSIBILITY.—Education
and training of Federal, State, and local transpor-
tation or highway employees authorized by this sub-
section shall be provided—
‘‘(A) by the Secretary at no cost to the
States and local governments if the Secretary
determines it is in the best interests of the
United States; or
‘‘(B) in any case in which education and
training are to be paid for by the State through
grants, cooperative agreements, and contracts
344
HR 1268 IH1S
with public and private agencies, institutions,
individuals, and the Institute; except that pri-
vate agencies, international or foreign entities,
and individuals shall pay the full cost of any
education and training received by them unless
the Secretary of Transportation determines a
lower cost to be in the best interest of the Unit-
ed States.
‘‘(4) TRAINING FELLOWSHIPS; COOPERATION.—
The Institute is authorized, subject to approval of
the Secretary, to engage in all phases of contract au-
thority for training purposes authorized by this sec-
tion, including the granting of training fellowships.
The Institute is also authorized to carry out its au-
thority independently or in cooperation with any
other branch of the Federal Government, State
agency, authority, association, institution, corpora-
tion (profit or nonprofit), any other national or
international entity, or any other person.
‘‘(5) COLLECTION OF FEES.—
‘‘(A) GENERAL RULE.—The Institute may,
in accordance with this subsection, assess and
collect fees solely to defray the costs of the In-
stitute in developing or administering education
and training programs under this section.
345
HR 1268 IH1S
‘‘(B) LIMITATION.—Fees may be assessed
and collected under this subsection only in a
manner that may reasonably be expected to re-
sult in the collection of fees during any fiscal
year in an aggregate amount that does not ex-
ceed the aggregate amount of the costs referred
to in subparagraph (A) of this paragraph for
the fiscal year.
‘‘(C) PERSONS SUBJECT TO FEES.—Fees
may be assessed and collected under this sub-
section only with respect to—
‘‘(i) persons and entities for whom
education or training programs are devel-
oped or administered under this section;
and
‘‘(ii) persons and entities to whom
education or training is provided under
this section.
‘‘(iii) AMOUNT
OF
FEES.—The fees
assessed and collected under this sub-
section shall be established in a manner
that ensures that the liability of any per-
son or entity for a fee is reasonably based
on the proportion of the costs referred to
in subparagraph (A), which relate to such
346
HR 1268 IH1S
person or entity. All fees collected under
this subsection shall be used to defray
costs associated with the development and/
or administration of education and training
programs authorized by this section.
‘‘(6) FUNDS.—There are authorized to be ap-
propriated, out of the Highway Trust Fund (other
than the Mass Transit Account), $8,000,000 for
each of fiscal years 1998, 1999, and 2000; and
$14,000,000 for each of fiscal years 2001, 2002,
and 2003, to carry out this subsection. The sums
provided under this paragraph may be combined
with or held separate from the fees or memberships
collected under paragraph (b)(5).
‘‘(7) CONTRACT
AUTHORITY.—Funds author-
ized by this subsection shall be available for obliga-
tion in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States
Code; except that the Federal share of the cost of
any activity under this subsection shall be deter-
mined in accordance with this section, and such
funds shall remain available for obligation for a pe-
riod of one year after the last day of the fiscal year
for which the funds are authorized.
347
HR 1268 IH1S
‘‘(8) CONTRACTS.—The provisions of section
3709 of the Revised Statutes (41 U.S.C. 5) shall not
be applicable to contracts or agreements made under
the authority of this section.
‘‘(c) DWIGHT
DAVID
EISENHOWER
TRANSPOR-
TATION FELLOWSHIP PROGRAM.—
‘‘(1) GENERAL
AUTHORITY.—The Secretary
may, acting either independently or in cooperation
with other Federal departments, agencies, and in-
strumentalities, make grants for fellowships for any
purpose for which research, technology, or capacity
building is authorized by this section.
‘‘(2) DWIGHT DAVID EISENHOWER TRANSPOR-
TATION
FELLOWSHIP
PROGRAM.—The Secretary
shall implement a transportation fellowship program
for the purpose of attracting qualified students to
the field of transportation. Such program shall be
known as the ‘Dwight David Eisenhower Transpor-
tation Fellowship Program’. The program shall offer
fellowships at the junior through postdoctoral levels
of college education. The recipients of the fellow-
ships must be United States citizens.
‘‘(3) FUNDING.—There is authorized to be ap-
propriated, out of the Highway Trust Fund (other
than the Mass Transit Account), $2,000,000 for
348
HR 1268 IH1S
each of the fiscal years 1998, 1999, 2000, 2001,
2002, and 2003 to carry out this subsection.
‘‘(4) CONTRACT
AUTHORITY.—Funds author-
ized by this subsection shall be available for obliga-
tion in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States
Code; except that the Federal share of the cost of
any activity funded under this subsection shall be
determined by the Secretary, and such funds shall
remain available for obligation for a period of one
year after the last day of the fiscal year for which
such funds are authorized.
‘‘(d) TECHNOLOGY
IMPLEMENTATION
PARTNER-
SHIPS.—
‘‘(1) AUTHORITY.—The Secretary shall con-
tinue the close partnerships established through im-
plementation of the products of the Strategic High-
way Research Program (SHRP) and administer a
program to move technology and innovation into
common practice.
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS AND
CONTRACTS.—The Secretary may make grants and
enter into cooperative agreements and contracts to
foster alliances and support efforts to bring about
technical change in high-payoff areas through—
349
HR 1268 IH1S
‘‘(A) sharing technology with the States
and industry, supporting the test and evalua-
tion of products, and associated training and
communications activities;
‘‘(B) further development and implementa-
tion support in areas such as the Superpave
system by working with States, academia, and
industry to establish a complete program that is
well validated and implements performance pre-
diction algorithms;
‘‘(C) providing Federal leadership and sup-
port in areas like initiation of regional tech-
nology excellence centers, user-producer groups,
Long-Term Pavement Performance product im-
plementation, and technology access and ex-
change programs; and
‘‘(D) efforts to improve information-
dissemination networks.
‘‘(3) FUNDING.—There is authorized to be ap-
propriated, out of the Highway Trust Fund (other
than the Mass Transit Account) $11,000,000 for
each of fiscal years 1998, 1999, 2000, 2001, 2002,
and 2003 to carry out this subsection.
‘‘(4) CONTRACT
AUTHORITY.—Funds author-
ized by this subsection shall be available for obliga-
350
HR 1268 IH1S
tion in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States
Code; except that the Federal share of the cost of
any activity funded under this subsection shall be
determined by the Secretary, and such funds shall
remain available for obligation for a period of 3
years after the last day of the fiscal year for which
such funds are authorized.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 3 of such title is amended by adding at the end
the following new item:
‘‘327. Professional capacity building and technology partnerships.’’.
SEC. 6006. LONG-TERM PAVEMENT PERFORMANCE AND
ADVANCED RESEARCH.
(a) Chapter 3 of such title is further amended by add-
ing at the end the following new section:
‘‘§ 328. Long-term pavement performance and ad-
vanced research
‘‘(a) 
LONG-TERM
PAVEMENT
PERFORMANCE
(LTPP).—
‘‘(1) AUTHORITY.—The Secretary shall con-
tinue to completion the long-term pavement perform-
ance tests initiated under the Strategic Highway Re-
search Program and advanced by the Intermodal
Surface Transportation Efficiency Act through the
mid-point of a planned 20-year life.
351
HR 1268 IH1S
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS AND
CONTRACTS.—The Secretary shall make grants and
enter into cooperative agreements and contracts to:
‘‘(A) Continue the monitoring, material-
testing, and evaluation of the approximately
2,500 highway test sections established since
1987 under the program;
‘‘(B) Carry out analyses of the large
amounts of data being collected; and
‘‘(C) Prepare the products required to ful-
fill the original LTPP Program objectives and
to meet future pavement technology needs.
‘‘(3) FUNDING.—There is authorized to be ap-
propriated, out of the Highway Trust Fund (other
than the Mass Transit Account), $15,000,000 for
each of fiscal years 1998, 1999, 2000, 2001, 2002,
and 2003 to carry out this subsection.
‘‘(4) CONTRACT
AUTHORITY.—Funds author-
ized by this subsection shall be available for obliga-
tion in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States
Code; except that the Federal share of the cost of
any activity funded under this subsection shall be
determined by the Secretary, and such funds shall
remain available for obligation for a period of three
352
HR 1268 IH1S
years after the last day of the fiscal year for which
such funds are authorized.
‘‘(b) ADVANCED RESEARCH.—
‘‘(1) AUTHORITY.—The Secretary shall estab-
lish an advanced research program that shall ad-
dress longer-term, higher-risk research that shows
potential benefits for improving the durability, mo-
bility, efficiency, environmental impact, productivity,
and safety of highway and intermodal transportation
systems. In carrying out this program, the Secretary
shall strive to develop partnerships with the public
and private sectors.
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS AND
CONTRACTS.— The Secretary may make grants and
enter into cooperative agreements and contracts for
advanced research in, but is not limited to, the fol-
lowing areas:
‘‘(A) Characterization of materials used in
the infrastructure including analytical tech-
niques, microstructure modeling, and the dete-
rioration processes.
‘‘(B) Diagnostics for evaluation of the con-
dition of given bridge and pavement structures
to enable assessment of failure risks such as
nuclear imaging methods, nonelectrochemical
353
HR 1268 IH1S
corrosion detection, nonlinear dynamic analysis
of structural vibrations, and advanced image
analysis methods.
‘‘(C) Design and construction details for
composite structures.
‘‘(D) Safety technology based problems in
the areas of pedestrian/bicycle safety, roadside
hazards, and composite materials for roadside
safety hardware.
‘‘(E) Particulate matter source apportion-
ment, control strategy synthesis evaluation and
model development.
‘‘(F) Data acquisition techniques for sys-
tem condition and performance monitoring such
as Global Positioning Systems (GPS) for speed
and travel surveys, video surveillance for emis-
sions testing, and aerial surveillance to obtain
demand and condition data.
‘‘(G) Predicting the response of current
and future travelers to new technologies and
ways to provide the increasing number of senior
citizens with continuing mobility and access.
‘‘(3) FUNDING.—There is authorized to be ap-
propriated, out of the Highway Trust Fund (other
than the Mass Transit Account), $10,000,000 for
354
HR 1268 IH1S
each of the fiscal years 1998, 1999, and 2000, and
$20,000,000 for each of fiscal years 2001, 2002,
and 2003 to carry out this section.
‘‘(4) CONTRACT
AUTHORITY.—Funds author-
ized by this subsection shall be available for obliga-
tion in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States
Code; except that the Federal share of the cost of
any activity funded under this subsection shall be
determined by the Secretary.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 3 of such title is amended by adding at the end
the following new item:
‘‘328. Long-term pavement performance and advanced research.’’.
SEC. 6007. STATE PLANNING AND RESEARCH PROGRAM
(SP&R).
(a) Chapter 3 of such title is further amended by add-
ing at the end the following new section:
‘‘§ 329. State planning and research program
‘‘(a) GENERAL RULE.—Two percent of the sums ap-
portioned for programs for each fiscal year beginning after
September 30, 1997, to any State under sections 104 (ex-
cept subsection 104(f)) and 144 of this title and any
transfers or additions to the surface transportation pro-
gram shall be available for expenditure by the State trans-
portation agency, in consultation with the Secretary. The
355
HR 1268 IH1S
apportioned sums are available only for the following pur-
poses:
‘‘(1) intermodal metropolitan, statewide, and
non-metropolitan planning under sections 134 and
135 of this title.
‘‘(2) studies, research, development, and tech-
nology transfer activities necessary for the planning,
design, construction, management, operation, main-
tenance, regulation, and taxation of the use of sur-
face transportation systems, including training and
accreditation of inspection and testing on engineer-
ing standards and construction materials for such
systems.
‘‘(3) development and implementation of man-
agement systems identified in section 303 of this
title.
‘‘(4) studies of the economy, safety, and con-
venience of surface transportation usage and the de-
sirable regulation and equitable taxation thereof.
‘‘(b) MINIMUM EXPENDITURES ON RESEARCH, DE-
VELOPMENT, 
AND
TECHNOLOGY
TRANSFER
ACTIVI-
TIES.—Not less than 25 percent of the funds that are ap-
portioned to a State for a fiscal year and are subject to
subsection (a) shall be expended by the State transpor-
tation agency for research, development, and technology
356
HR 1268 IH1S
transfer activities described in subsection (a) of this sec-
tion relating to surface transportation systems unless the
State certifies to the Secretary for such fiscal year that
total expenditures by the State transportation agency 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 re-
search provided under this subsection are not subject to
an assessment under the Small Business Research and
Development Act (Public Law 102–564).
‘‘(c) FEDERAL SHARE.—The Federal share payable
on account of any project financed with funds that are
subject to subsection (a) of this section shall be 80 percent
unless the Secretary determines that the interests of the
Federal-aid highway program would be best served by de-
creasing or eliminating the non-Federal share.
‘‘(d) ADMINISTRATION OF SUMS.—Funds that are
subject to subsection (a) of this section 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 118(b)(2) of this title.’’.
(b) CONFORMING AMENDMENTS.—The analysis for
chapter 3 of such title is amended by adding at the end
the following new item:
‘‘329. State planning and research program.’’.
357
HR 1268 IH1S
SEC. 6008. USE OF BUREAU OF INDIAN AFFAIRS’ ADMINIS-
TRATIVE FUNDS.
Section 204(b) of such title is amended at the end
of the last sentence, by striking ‘‘326’’ and inserting
‘‘327’’.
PART B—INTELLIGENT TRANSPORTATION
SYSTEMS ACT OF 1997
SEC. 6051. SHORT TITLE AND PREAMBLE.
(a) SHORT TITLE.—This part may be cited as the
‘‘Intelligent Transportation Systems Act of 1997’’.
(b) PREAMBLE.—The research and tests conducted
under the Intelligent Transportation Systems Act of 1991
demonstrated the potential benefit and readiness of Intel-
ligent Transportation Systems to enhance the safety and
efficiency of surface transportation operations in a variety
of ways. The Intelligent Transportation Systems Act of
1997 provides for the accelerated deployment of proven
technologies and concepts, while also increasing the Fed-
eral commitment to improving surface transportation safe-
ty through aggressive, long-range research, development,
testing, and promotion of crash avoidance technologies
and systems in cooperation with industry.
SEC. 6052. DEFINITIONS; CONFORMING AMENDMENT.
(a) For the purposes of this part, the following defini-
tions apply:
358
HR 1268 IH1S
(1) ADVANCED RURAL TRANSPORTATION SYS-
TEMS.—The term ‘‘Advanced Rural Transportation
Systems’’ means the construction, or acquisition,
and operation of ITS predominantly outside of met-
ropolitan areas, and including public lands such as
National Parks, monuments, and recreation areas,
for the purposes of providing—
(A) traveler safety and security advisories
and warnings;
(B) emergency ‘‘Mayday’’ services to notify
public safety and emergency response organiza-
tions of travelers in need of emergency services;
(C) tourism and traveler information serv-
ices;
(D) public mobility services to improve the
efficiency and accessibility of rural transit serv-
ice;
(E) enhanced rural transit fleet operations
and management;
(F) improved highway operations and
maintenance through the rapid detection of se-
vere weather conditions, hazardous road and
bridge conditions, and imminent danger to con-
struction and maintenance crews from errant
vehicles in work zones; and
359
HR 1268 IH1S
(G) Commercial Vehicle Operations (CVO)
user services.
(2) CVISN.—The term ‘‘Commercial Vehicle
Information Systems and Networks’’ means the in-
formation systems and communications networks
that support CVO.
(3) CVO.—The term ‘‘Commercial Vehicle Op-
erations’’ means motor carrier operations and motor
vehicle regulatory activities associated with the com-
mercial movement of goods, including hazardous ma-
terials, and passengers. Public sector CVO activities
include the issuance of operating credentials, motor
vehicle and fuel tax administration, and roadside
safety and border crossing inspection and regulatory
compliance operations.
(4) INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE.—The term ‘‘Intelligent Transportation
Infrastructure’’ means the initial construction or ac-
quisition of fully integrated public sector ITS com-
ponents as defined by the Secretary, including traf-
fic signal control systems, freeway management sys-
tems, incident management systems, transit manage-
ment systems, regional multi-modal traveler infor-
mation systems, emergency management services,
electronic toll collection systems, electronic fare pay-
360
HR 1268 IH1S
ment systems, ITS-based railroad grade crossing
safety systems, roadway weather information and
prediction systems, advanced rural transportation
systems, and commercial vehicle information systems
and networks.
(5) 
INTELLIGENT
TRANSPORTATION
SYS-
TEMS.—The term ‘‘intelligent transportation sys-
tems’’ means the development or application of elec-
tronics, communications, or information processing
(including advanced traffic management systems,
commercial vehicle operations, advanced traveler in-
formation systems, commercial and advanced vehicle
control systems, advanced public transportation sys-
tems, satellite vehicle tracking systems, and ad-
vanced vehicle communications systems) used singly
or in combination to improve the efficiency and safe-
ty of surface transportation systems.
(6) ITS COLLISION AVOIDANCE SYSTEMS.—The
term ‘‘ITS Collision Avoidance Systems’’ means an
intelligent transportation system that assists vehicle
operators to avoid collisions that would otherwise
occur.
(7) 
NATIONAL
ARCHITECTURE.—The 
term
‘‘National Architecture’’ means the common frame-
work for interoperability adopted by the Secretary,
361
HR 1268 IH1S
and which defines the functions associated with ITS
user services, the physical entities or subsystems
within which such functions reside, the data inter-
faces and information flows between physical sub-
systems, and the communications requirements asso-
ciated with information flows.
(8) NATIONAL ITS PROGRAM PLAN.—The term
‘‘National ITS Program Plan’’ means the March
1995 First Edition of the National ITS Program
Plan jointly developed by the U.S. Department of
Transportation and the Intelligent Transportation
Society of America, and subsequent revisions issued
by the Secretary pursuant to paragraph 6055(a)(1).
(9) STATE.—The term ‘‘State’’ has the mean-
ing such term has under section 101 of title 23,
United States Code.
(b) NATIONAL HIGHWAY SYSTEM.—The undesig-
nated paragraph in section 101(a) of title 23, United
States Code, relating to the National Highway System is
amended by inserting after ‘‘title’’ the following: ‘‘and the
Intelligent Transportation Infrastructure associated with
such system.’’.
(c) CONFORMING
AMENDMENT.—The Intermodal
Surface Transportation Efficiency Act of 1991 is amended
by striking part B of title VI.
362
HR 1268 IH1S
SEC. 6053. SCOPE OF PROGRAM.
(a) SCOPE.—Subject to the provisions of this part,
the Secretary shall conduct an ongoing program to re-
search, develop, and operationally test intelligent transpor-
tation systems and advance Nation-wide deployment of
such systems as a component of the Nation’s surface
transportation systems.
(b) GOALS.—The goals of the program to be carried
out under this part shall include, but not be limited to:
(1) the widespread planning, implementation
and operation of integrated, intermodal, interoper-
able intelligent transportation infrastructure, in con-
junction with corresponding private sector systems
and products, to enhance the capacity, efficiency,
and safety of surface transportation, using the au-
thorities provided under sections 103, 119, 133,
134, 135, 149, and 402 of title 23, and sections
31102, 5307, and 5309 of title 49, United States
Code;
(2) the protection and enhancement of the nat-
ural environment and communities affected by sur-
face transportation, with special emphasis on assist-
ing the efforts of the States to attain air quality
goals established pursuant to the Clean Air Act,
while addressing the transportation demands of an
expanding economy;
363
HR 1268 IH1S
(3) the enhancement of safe operation of the
Nation’s surface transportation systems with a par-
ticular emphasis on aspects of intelligent transpor-
tation systems that will decrease the number and se-
verity of collisions and identification of aspects of
such systems that may degrade safety, and on in-ve-
hicle systems that bring about a significant reduc-
tion in the deaths and injuries by helping prevent
collisions that would otherwise occur;
(4) the enhancement of surface transportation
operational and transactional efficiencies to allow ex-
isting facilities to be used to meet a significant por-
tion of future transportation needs, and to reduce
regulatory, financial, and other transaction costs to
public agencies and system users;
(5) research, development, investigation, docu-
mentation, and promotion of intelligent transpor-
tation systems and the public sector organizational
capabilities needed to perform or manage the plan-
ning, implementation, and operation of intelligent
transportation infrastructure in the United States,
using authorities provided under section 307 of title
23, United States Code, and sections 111, 112, 301,
30168, 31106, 5312, 5337, and 20108 of title 49,
United States Code;
364
HR 1268 IH1S
(6) the enhancement of the economic efficiency
of surface transportation systems to improve Ameri-
cas competitive position in the global economy;
(7) the enhancement of public accessibility to
activities, goods, and services, through the preserva-
tion, improvement and expansion of surface trans-
portation system capabilities, operational efficiency,
and intermodal connections;
(8) the development of a technology base and
necessary standards and protocols for intelligent
transportation systems; and
(9) the improvement of the Nations ability to
respond to emergencies and natural disasters, and
the enhancement of national defense mobility.
SEC. 6054. GENERAL AUTHORITIES AND REQUIREMENTS.
(a) COOPERATION.—In carrying out the program
under this part, the Secretary shall foster enhanced oper-
ations and management of the Nation’s surface transpor-
tation systems, strive to achieve the widespread deploy-
ment of intelligent transportation systems, and continue
to advance emerging technologies, in cooperation with
State and local governments and the United States private
sector. As appropriate, in carrying out the program under
this part, the Secretary shall consult with the Secretary
of Commerce, the Secretary of the Treasury, the Adminis-
365
HR 1268 IH1S
trator of the Environmental Protection Agency, the Direc-
tor of the National Science Foundation, and the heads of
other interested Federal departments and agencies and
shall maximize the involvement of the United States pri-
vate sector, colleges and universities, including Histori-
cally Black Colleges and Universities and other Minority
Institutions of Higher Education, and State and local gov-
ernments in all aspects of the program, including design,
conduct (including operations and maintenance), evalua-
tion, and financial or in-kind participation.
(b) STANDARDS.—The Secretary shall develop, imple-
ment, and maintain a National Architecture and support-
ing standards and protocols to promote the widespread use
and evaluation of intelligent transportation systems tech-
nology as a component of the Nation’s surface transpor-
tation systems. To the extent practicable, such standards
and protocols shall promote interoperability among intel-
ligent transportation systems technologies implemented
throughout the States. In carrying out this subsection, the
Secretary may use the services of such existing standards-
setting organizations as the Secretary determines appro-
priate. The Secretary shall consult with the Secretary of
Commerce, the Secretary of Defense, and the Federal
Communications Commission, and take all actions the
Secretary deems necessary to secure the necessary spec-
366
HR 1268 IH1S
trum for the near-term establishment of a dedicated short-
range vehicle to wayside wireless standard.
(c) EVALUATION.—The Secretary shall prescribe
guidelines and requirements for the independent evalua-
tion of field and related operational tests carried out pur-
suant to section 6056, including provisions to ensure the
objectivity and independence of the evaluator needed to
avoid any real or apparent conflict of interest or potential
influence on the outcome by parties to such tests or any
other formal evaluation conducted under this part. Any
survey, questionnaire, or interview which the Secretary
considers necessary to carry out the evaluation of such
tests or program assessment activities under this part
shall not be subject to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–3520).
(d) INFORMATION CLEARINGHOUSE.—
(1) CLEARINGHOUSE.—The Secretary shall es-
tablish and maintain a repository for technical and
safety data collected as a result of federally spon-
sored projects carried out pursuant to this part and
shall make, upon request, such information (except
for proprietary information and data) readily avail-
able to all users of the repository at an appropriate
cost.
367
HR 1268 IH1S
(2) DELEGATION
OF
AUTHORITY.—The Sec-
retary may delegate the responsibility of the Sec-
retary under this subsection, with continuing over-
sight by the Secretary, to an appropriate entity not
within the Department of Transportation. If the
Secretary delegates such responsibility, the entity to
which such responsibility is delegated shall be eligi-
ble for Federal assistance under this part.
(e) ADVISORY COMMITTEES.—The Secretary may
utilize one or more advisory committees in carrying out
this part. Any advisory committee so utilized shall be sub-
ject to the Federal Advisory Committee Act. Funding pro-
vided for any such committee shall be available from mon-
eys appropriated for advisory committees as specified in
relevant appropriations acts and from funds allocated for
research, development, and implementation activities in
connection with the intelligent transportation systems pro-
gram under this part.
(f) AUTHORITY TO USE FUNDS.—Each State and el-
igible local entity is authorized to use funds provided
under this part or under section 1030 of the National Eco-
nomic Crossroads Transportation Efficiency Act of 1997,
sections 103, 119, 133, 149, and 402, of title 23, and sec-
tions 31102, 5307, 5309, 5310, and 5311 of title 49,
United States Code, in accordance with the provisions of
368
HR 1268 IH1S
each of these sections, for implementation, modernization,
and operational purposes in connection with intelligent
transportation infrastructure and systems.
(g) CONFORMITY WITH STANDARDS.—The Secretary
shall ensure that the implementation of intelligent trans-
portation systems using funds authorized under this part
conform to the National Architecture and ITS standards
and protocols, developed under subsection (b), except for
projects using funds authorized for specific research objec-
tives in the National ITS Program Plan under section
6055 of this part.
(h) LIFE-CYCLE COST ANALYSIS.—The Secretary
shall require an analysis of the life-cycle costs of each
project using Federal funds referenced in subsection (f)
of this section, and those authorized in section 6057 of
this part, for operations and maintenance of ITS elements,
where the total initial capital costs of the ITS elements
exceeds $3 million.
(i) PROCUREMENT METHODS.—To meet the need for
effective implementation of ITS projects, the Secretary
shall develop appropriate technical assistance and guid-
ance to assist State and local agencies in evaluating and
selecting appropriate methods of procurement for ITS
projects, including innovative and nontraditional methods
of procurement.
381
HR 1268 IH1S
TITLE VII—REVENUE
SEC. 7001. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) SHORT TITLE.—This title may be cited as the
‘‘Surface Transportation Revenue Act of 1997’’.
(b) AMENDMENT OF 1986 CODE.—Except as other-
wise expressly provided, whenever in this title an amend-
ment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provi-
sion of the Internal Revenue Code of 1986.
SEC. 7002. EXTENSION OF HIGHWAY-RELATED TAXES AND
TRUST FUND.
(a) EXTENSION OF TAXES AND EXEMPTIONS.—(1)
The following provisions are each amended by striking
‘‘1999’’ each place it appears and inserting ‘‘2005’’:
(A) Section 4041(a)(1)(C)(iii) relating to the
partial exemption for intercity bus special fuel.
(B) Section 4041(m)(1)(A)(i) relating to special
rates for partially exempt methanol or ethanol fuel.
(C) Section 4041(m)(1)(A)(ii) relating to spe-
cial rates for partially exempt methanol or ethanol
fuel.
(D) Section 4051(c) relating to tax on heavy
trucks and trailers sold at retail.