416
(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
beginning on the date of the imposition of such a
fine or penalty or the date of such a conviction or
failure to appear.’’;
(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 sub-
ject to review and correction in accordance with section
31106(e).’’;
(7) in subsection (f) by striking ‘‘If the Sec-
retary 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
417
(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
sections in the table of sections for chapter 313, are re-
pealed.
(f) UPDATING AMENDMENTS.—Section 31314 is
amended—
(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 sub-
section (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
vicinity of borders between the United States and Canada
and the United States and Mexico.
418
(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
governments, organizations, and other persons to
carry out activities described in subsection (c);
(2) for personnel of the Department of Trans-
portation to conduct such activities; and
(3) for entry into contracts for the conduct of
such activities.
(c) USE OF FUNDS.—Activities for which funds may
be expended under this section include—
(1) employment by the Department of Trans-
portation or a border State of additional personnel
to enforce commercial motor vehicle safety regula-
tions described 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
current levels of enforcement by border States, cross bor-
419
der traffic patterns (including volume of commercial motor
vehicle traffic), location of inspection facilities, and such
other factors 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—
(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
420
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 de-
scribed in subsection (c)(1) in any fiscal year unless the
State enters into such agreements with the Secretary as
the Secretary may require to ensure that the State will
maintain its aggregate expenditures from all other sources
for employment of personnel to enforce commercial motor
vehicle safety 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.
421
SEC. 412. VEHICLE WEIGHT ENFORCEMENT.
(a) STUDY.—The Secretary shall conduct a study of
State laws and regulations pertaining to penalties for vio-
lation 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 deter-
rent to illegally overweight trucking operations. The study
shall evaluate fine structures, innovative roadside enforce-
ment techniques, a State’s ability to penalize shippers and
carriers as well as drivers, and shall examine the effective-
ness of administrative and judicial procedures utilized to
enforce vehicle weight laws.
(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.
422
SEC. 413. PARTICIPATION IN INTERNATIONAL REGISTRA-
TION PLAN AND INTERNATIONAL FUEL TAX
AGREEMENT.
Sections 31702, 31703, and 31708, and the items re-
lating 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 es-
tablish, maintain, and promote the use of a nationwide
toll-free telephone system to be used by drivers of commer-
cial motor vehicles and others to report potential violations
of Federal motor carrier safety regulations and any laws
or regulations relating to the safe operation of commercial
motor vehicles and to report potentially improper inspec-
tions, audits, 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
enforcement activities.
(c) PROTECTION OF PERSONS REPORTING VIOLA-
TIONS.—
423
(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 paragraph (1) shall be treated as a violation of
section 31105(a) of such title.
(d) FUNDING.—From amounts set aside under sec-
tion 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.
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 developed for insulin treated diabetes mellitus individ-
uals 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
424
prohibition on individuals with insulin treated diabetes
mellitus driving such vehicles.
(b) COMPILATION AND EVALUATION.—Prior to mak-
ing the determination in subsection (a), the Secretary
shall compile and evaluate research and other information
on the effects of insulin treated diabetes mellitus on driv-
ing performance. In preparing the compilation and evalua-
tion, the Secretary shall, at a minimum—
(1) consult with States that have developed and
are implementing a screening process to identify in-
dividuals 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 ac-
tions to permit certain insulin treated diabetes
mellitus individuals who meet selection criteria and
who successfully comply with the approved monitor-
ing protocol to operate in other modes of transpor-
tation;
(3) analyze available data on the safety per-
formance of diabetic drivers of motor vehicles;
(4) assess the relevance of intrastate driving
and experiences of other modes of transportation to
interstate commercial motor vehicle operations; and
425
(5) consult with interested groups knowledge-
able 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
determines 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 im-
plement 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 measure and reflection of an individual’s knowl-
edge and skills as an operator of a commercial motor vehi-
cle and to identify methods to improve testing and licens-
ing standards, including identifying the benefits and costs
of a graduated licensing system.
(b) REGULATIONS.—Not later than 1 year after the
date of completion of the review under subsection (a), the
426
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
alcohol testing of commercial motor vehicle operators
under section 31306 of title 49, United States Code, as
a method of obtaining more timely information and reduc-
ing the burdens 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 subsection (a) with recommendations regarding the
utilization of emergency responders and law enforcement
officers in conducting testing described in subsection (a).
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,
427
and demonstration 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 subsection.
(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
antihistamines as a means of reducing the adverse effects
of the use of other antihistamines by drivers.
428
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 de-
terminations;
‘‘(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 fol-
lowing elements:
‘‘(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
determine 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.
429
‘‘(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
transport passengers, an owner or operator 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 operator is fit.
‘‘(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
430
and until the Secretary determines such owner or
operator 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 Secretary shall review such owner’s or operator’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.
‘‘(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 op-
erator’s compliance with those requirements with
which the owner or operator failed to comply and re-
431
sulted in the Secretary determining that the owner
or operator was not fit.
‘‘(3) OWNERS
OR
OPERATORS
TRANSPORTING
HAZARDOUS
MATERIAL.—Not later than 30 days
after an unfit owner or operator of commercial
motor vehicles designed or used to transport hazard-
ous material for which placarding of a motor vehicle
is required under regulations prescribed under chap-
ter 51, the Secretary shall review such owner’s or
operator’s compliance with those requirements with
which the owner or operator failed to comply and re-
sulted in the Secretary determining that the owner
or operator was not fit.
‘‘(e) PROHIBITED GOVERNMENT USE.—A depart-
ment, agency, or instrumentality of the United States
Government may not use to provide any transportation
service an owner or operator who the Secretary has deter-
mined 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.’’.
432
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 sub-
paragraph (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-
tation of an agricultural production material from a
source of supply to a farm, from a farm to another
farm, from a field to another field on a farm, or
from the farm back to the source of supply.
In granting any exception under subparagraph (C), a
State must certify to the Secretary that such exception
is in the public interest, the need for such exception, and
that the State shall monitor the exception and take such
433
measures necessary to ensure that safety is not com-
promised.’’.
(b) AGRICULTURAL PRODUCTION MATERIAL DE-
FINED.—Section 5117 is amended by adding at the end
the following:
‘‘(f) AGRICULTURAL PRODUCTION MATERIAL DE-
FINED.—In this section, the term ‘agricultural production
material’ means—
‘‘(1) ammonium nitrate fertilizer in a quantity
that does not exceed 16,094 pounds;
‘‘(2) a pesticide in a quantity that does not ex-
ceed 502 gallons for liquids and 5,070 pounds for
solids; and
‘‘(3) a diluted solution of water and pesticides
or fertilizer in a quantity that does not exceed 3,500
gallons.’’.
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 Sec-
retary shall issue a final rule regarding the conspicuity
of trailers manufactured before December 1, 1993.
(b) CONSIDERATIONS.—In conducting the rule-
making under subsection (a), the Secretary shall consider,
at a minimum, the following:
434
(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 dif-
fering 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 imple-
menting 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 regu-
lation or order of the Secretary under such chapter,
when violated by shippers, freight forwarders, bro-
kers, consignees, or persons (other than rail carriers,
motor 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
435
a motor carrier or driver who commits such a viola-
tion.
(b) CONTENTS OF IMPLEMENTATION PLAN.—In de-
veloping the implementation plan, the Secretary, at a min-
imum, shall consider—
(1) in what circumstances the Secretary would
exercise the new authority;
(2) how the Secretary would determine that
shippers, freight forwarders, brokers, consignees, or
other persons committed violations described in sub-
section (a), including what types of evidence would
be conclusive;
(3) what procedures would be necessary during
investigations to ensure the confidentiality of shipper
contract terms prior to the Secretary’s findings of
violations;
(4) what impact the exercise of the new author-
ity would have on the Secretary’s resources, includ-
ing whether additional investigative or legal re-
sources would be necessary and whether the staff
would need specialized education or training to exer-
cise 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
436
(6) any other information that would assist the
Congress in determining whether to provide the Sec-
retary the new authority.
SEC. 423. ELECTRONIC DATA STUDY.
(a) IN GENERAL.—The Secretary shall contract with
an entity that is independent of the Department of Trans-
portation to conduct a study to identify, examine, and
evaluate current and future issues and policies related to
government access to data produced by electronic systems
for motor carrier regulatory enforcement. The entity shall
have demonstrated knowledge about the motor carrier in-
dustry, motor carrier safety regulations, and the electronic
information industry.
(b) INSPECTOR GENERAL.—The Office of the Inspec-
tor General of the Department of Transportation shall ap-
prove the statement of work of the entity referred to in
subsection (a) and approve the contract award under sub-
section (a). In carrying out its responsibilities under this
subsection, the Office of the Inspector General shall per-
form such overview and validation or verification of data
as may be necessary to ensure that the study to be con-
ducted under subsection (a) meets the requirements of
subsection (a).
(c) DEADLINE.—The study to be conducted under
subsection (a) shall be completed not later than 2 years
437
after the date of the enactment of this Act. A report con-
taining the results of the study shall be submitted to the
Secretary and Congress.
(d) FUNDING.—Of amounts made available under
section 127(a)(3)(H), $100,000 for fiscal year 1998,
$200,000 for fiscal year 1999, and $200,000 for fiscal
year 2000 shall be available to carry out this subsection.
TITLE V—PROGRAMMATIC
REFORMS AND STREAMLINING
SEC. 501. PROJECT APPROVAL AND OVERSIGHT.
(a) IN GENERAL.—Section 106 is amended by strik-
ing the section heading and all that follows through the
period at the end of subsection (d) and inserting the fol-
lowing:
‘‘§ 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,
specifications, and estimates for each proposed
project as the Secretary may require.
‘‘(2) PROJECT
AGREEMENT.—The Secretary
shall act upon the plans, specifications, and esti-
mates as soon as practicable after the date of their
438
submission and shall enter into a formal project
agreement with the State highway department for-
malizing the conditions of the project approval.
‘‘(3) CONTRACTUAL OBLIGATION.—The execu-
tion of the project agreement shall be deemed a con-
tractual 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 pro-
visions of section 109.
‘‘(b) PROJECT AGREEMENT.—
‘‘(1) 
PROVISION
OF
STATE
FUNDS.—The
project agreement shall make provision for State
funds required for the State’s pro rata share of the
cost of construction of the project and for the main-
tenance of the project after completion of construc-
tion.
‘‘(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 high-
way department and appropriate local officials if a
part of the project is to be constructed at the ex-
pense of, or in cooperation with, local subdivisions of
the State.
439
‘‘(c) SPECIAL RULES FOR PROJECT OVERSIGHT.—
‘‘(1) NHS PROJECTS.—
‘‘(A) GENERAL
AUTHORITY.—Except as
otherwise provided in subsection (d), the Sec-
retary 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 Na-
tional Highway System.
‘‘(B) AGREEMENT.—The Secretary and
the State shall reach agreement as to the extent
the State may assume the Secretary’s respon-
sibilities under this subsection. The Secretary
may not assume any greater responsibility than
the Secretary is permitted under this title on
September 30, 1997, except upon agreement by
the Secretary and the State.
‘‘(2) NON-INTERSTATE
SYSTEM
PROJECTS.—
For all projects under this title that are not on the
National Highway System, the State shall assume
the Secretary’s responsibility under this title for de-
sign, 
plans, 
specifications, 
estimates, 
contract
awards, and inspection of projects. For projects that
are on the National Highway System but not on the
Interstate System, the State shall assume the Sec-
440
retary’s responsibility under this title for design,
plans, specifications, estimates, contract awards, and
inspections of projects unless the State or the Sec-
retary determines that such assumption is not ap-
propriate.
‘‘(d) SECRETARY’S RESPONSIBILITIES.—Nothing in
this section, section 133, and section 149 shall affect or
discharge 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 dis-
charged 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 sec-
tions for chapter 1 is amended by striking the item relat-
ing 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 coordi-
441
nated environmental review process for highway con-
struction 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
environmental assessment under such Act; or
(B) the conduct of any other environ-
mental review, analysis, opinion, or issuance of
an environmental permit, license, or approval by
operation of Federal law.
(2) MEMORANDUM OF UNDERSTANDING.—The
coordinated environmental review process for each
project shall ensure that, whenever practicable (as
set forth in this section), all environmental reviews,
analyses, opinions, and any permits, licenses, or ap-
provals that must be issued or made by any Federal
agency for the concerned highway project shall be
conducted concurrently and completed within a coop-
eratively determined time period. Such process for a
project or class of projects may be incorporated into
a memorandum of understanding between the De-
partment of Transportation and all other Federal
agencies (and, where appropriate, State agencies). In
442
establishing such time period and any time periods
for review within such period the Department and
all such agencies shall take into account their re-
spective 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-
443
ion on the environmental impact of the
project.
(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
established 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
444
analysis, review, opinion, and decision is under-
taken concurrently with all other environmental
reviews for the project, including those required
by the National Environmental Policy Act of
1969; except that such review may not be con-
current if the affected Federal agency can dem-
onstrate that such concurrent review would re-
sult in a significant adverse impact to the envi-
ronment or substantively alter the operation of
Federal law or would not be possible without in-
formation developed as part of the environ-
mental review process.
(3) FACTORS TO BE CONSIDERED.—Time peri-
ods for review established under this section shall be
consistent with those established by the Council on
Environmental Quality under the provisions of sec-
tions 1501.8 and 1506.10 of title 40, Code of Fed-
eral Regulations.
(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
445
agency’s time periods for review were established.
Any memorandum of understanding shall be modi-
fied to incorporate any mutually agreed upon exten-
sions.
(c) DISPUTE RESOLUTION.—When the Secretary de-
termines that a Federal agency which is subject to a time
period for its environmental review or analysis under this
section has failed to complete such review, analysis, opin-
ion, 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
compliance 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
446
shall give due consideration to the project purpose and
need as defined by the Secretary and the project applicant.
(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 envi-
ronmental-related reviews, analyses, opinions, or deter-
minations 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 Sec-
retary determines that a State’s participation would not
be in the public interest. For a State to require State
agencies to participate in the review process, all affected
agencies of such State shall be subject to the review proc-
ess.
(f) ASSISTANCE
TO AFFECTED FEDERAL AGEN-
CIES.—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 sub-
ject to the review process established by this section to
affected Federal agencies to provide the resources nec-
essary to meet any time limits established by this section.
Such requests shall only be approved for the additional
447
amounts that the Secretary determines are necessary for
such affected Federal agencies to meet the time limits for
environmental review where such 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 Fed-
eral agency or any State agency carrying out affected re-
sponsibilities 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
National Environmental Policy Act of 1969 or any
other Federal environmental statute or affect the re-
sponsibility of any Federal officer to comply with or
enforce any such statute.
(i) STATE ENVIRONMENTAL REVIEW DELEGATION
PILOT DEMONSTRATION PROGRAM.—
(1) IN GENERAL.—The Secretary, in coopera-
tion with the Council on Environmental Quality,
shall establish and implement a State environmental
review pilot demonstration program. Such program
448
shall permit the Secretary, in cooperation with the
Council on Environmental Quality, to develop cri-
teria for States to select up to 8 States for partici-
pation in the program. A State interested in partici-
pation 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 ac-
cept all of the responsibilities for conducting the
Federal environmental review process required by
the National Environmental Policy Act of 1969 in
the manner required if the projects were undertaken
by the Secretary.
(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 Sec-
retary;
(B) be executed by the Chief Executive Of-
ficer of the recipient of assistance under this
449
section (hereinafter in this section referred to
as the ‘‘certifying officer’’);
(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 responsibilities for the project; and
(E) agree that the Secretary’s approval of
such certification shall constitute the Sec-
retary’s responsibilities under the National En-
vironmental 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
participate in the pilot program, the Secretary shall,
in cooperation with the Council on Environmental
Quality, conduct quarterly audits in the first year of
such participation, and annual audits every year
thereafter, to ensure that each selected State is com-
plying with all elements of the certification provided
450
for in this subsection and all requirements delegated
pursuant to this subsection.
(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
program 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 sub-
section.
(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 Fed-
eral Regulations, as a separate requirement and promul-
451
gate regulations to integrate such requirement, as appro-
priate, as part of each analysis undertaken pursuant to
the National Environmental Policy Act of 1969 for a
project receiving assistance with funds made available
under this Act (including 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 sub-
mit 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 assumptions, as determined by the Secretary,
of future increases in the cost to complete the project.
SEC. 505. UNIFORM TRANSFERABILITY OF FEDERAL-AID
HIGHWAY FUNDS.
(a) IN GENERAL.—Chapter 1 is amended by insert-
ing 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
452
of the funds set-aside under section 133(d) from the
State’s apportionment section 104(b)(3) may not be trans-
ferred to any other apportionment of the State under sec-
tion 104 or 144 for such fiscal year, then the State may
transfer not to exceed 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 per-
cent 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 appor-
tioned under section 104(b)(2) and transferred under this
section may only be obligated in geographic areas eligible
453
for the obligation of funds apportioned under section
104(b)(2).’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 1 is amended by inserting after the item
relating to section 109 the following:
‘‘110. Uniform transferability of Federal-aid highway funds.’’.
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 cri-
teria, the Secretary shall provide that, if 2 or more appli-
cations 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 Account) 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 authorized to be appropriated from the Highway
Trust Fund (including the Mass Transit Account)
by this Act (including the amendments made by this
454
Act), the Secretary shall publish the criteria estab-
lished under subsection (a). Such publication shall
identify all statutory criteria and any criteria estab-
lished by regulation that will apply to such program.
(2) EXPLANATION.—At least 14 days before
making a grant under a discretionary program de-
scribed in paragraph (1), the Secretary shall trans-
mit to the respective committees of the House of
Representatives and the Senate having jurisdiction
over such program, and shall publish, an explanation
of how projects will be selected based on the criteria
established for such program under subsection (a).
(c) MINIMUM PROGRAMS.—At a minimum the cri-
teria established under subsection (a) and the process es-
tablished 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.
455
(5) The construction of ferry boats and ferry
terminal 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.
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, in-
cluding elimination of regional offices, creation of tech-
nical resource centers, and maximum delegation of author-
ity 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 Com-
mittee 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.
456
(c) IMPLEMENTATION.—The Secretary shall begin
implementation of the plan transmitted under subsection
(b) not later than December 31, 1998.
SEC. 508. AUTHORITY FOR CONGRESS TO MAKE MID-
COURSE CORRECTIONS TO THE HIGHWAY
AND TRANSIT PROGRAMS.
The Secretary shall not apportion or allocate, prior
to August 1, 2001, any funds authorized to be appro-
priated or made available for fiscal year 2001 under title
23, United States Code (other than sections 125 and 157
and amounts necessary for the administration of the Fed-
eral 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 nec-
essary for the administration of the Federal Transit Ad-
ministration), and title III of this Act, unless a law has
been enacted making midcourse corrections to the Fed-
eral-aid highway and transit programs authorized by this
Act (including amendments made by this Act) which
would, at a minimum—
(1) approve a funding distribution for and any
modifications to the high-cost interstate reconstruc-
tion and improvement program;
457
(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) determine whether to approve a revised for-
mula for the distribution of funds under section
104(b)(2) of title 23, United States Code, for the
congestion mitigation and air quality improvement
program due to the designation of new nonattain-
ment areas by the Environmental Protection Agency;
(5) make any other appropriate programmatic
changes and recommendations made to the Commit-
tee on Transportation and Infrastructure of the
House of Representatives and the Committees on
Environment and Public Works and Banking, Hous-
ing, and Urban Affairs of the Senate;
(6) 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
(7) include a certification that such law meets
the requirements of this section.
458
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 provi-
sion 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 ap-
portioned under chapter 1 of title 23, United States Code,
except that the Federal share payable for a project or ac-
tivity carried out using such funds shall be determined by
the Secretary (unless otherwise expressly provided by this
Act) and such funds shall remain available until expended.
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.
459
SEC. 604. NOTICE.
(a) NOTICE OF REPROGRAMMING.—If any funds au-
thorized for carrying out this title or the amendments
made by this title are subject to a reprogramming action
that requires notice to be provided to the Appropriations
Committees of the House of Representatives and the Sen-
ate, notice of such action shall concurrently be provided
to the Committee on Transportation and Infrastructure
and the Committee on Science of the House of Represent-
atives and the Committee on Environment and Public
Works and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) NOTICE OF REORGANIZATION.—The Secretary of
Transportation shall provide notice to the Committee on
Transportation and Infrastructure and the Committee on
Science of the House of Representatives and the Commit-
tee on Environment and Public Works and the Committee
on Commerce, Science, and Transportation of the Senate,
not later than 15 days before any major reorganization
of any program, project, or activity of the Department of
Transportation for which funds are authorized by this title
or the amendments made by this title.
460
SEC. 605. SENSE OF THE CONGRESS ON THE YEAR 2000
PROBLEM.
With the year 2000 fast approaching, it is the sense
of the Congress that the Department of Transportation
should—
(1) give high priority to correcting all 2-digit
date-related problems in its computer systems to en-
sure that those systems continue to operate effec-
tively in the year 2000 and beyond;
(2) assess immediately the extent of the risk to
the operations of the Department of Transportation
posed by the problems referred to in paragraph (1),
and plan and budget for achieving Year 2000 com-
pliance for all of its mission-critical systems; and
(3) develop contingency plans for those systems
that the Department of Transportation is unable to
correct in time.
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
461
(2) by striking paragraph (3) and inserting the
following:
‘‘(3) AMOUNTS
DEPOSITED
BY
COOPERATING
ORGANIZATIONS
AND
PERSONS.—There shall be
available to the Secretary for carrying out this sub-
section such funds as may be deposited by any co-
operating organization or person in a special account
of the Treasury of the United States established for
such purpose.’’.
(b) LONG-TERM PAVEMENT PERFORMANCE.—Sec-
tion 307(b)(2) is amended to read as follows:
‘‘(2) LONG-TERM PAVEMENT PERFORMANCE.—
‘‘(A) IN GENERAL.—As part of the high-
way research program under subsection (a), the
Secretary shall carry out a long-term pavement
performance program to continue to completion
the long-term pavement performance tests initi-
ated under the strategic highway research pro-
gram.
‘‘(B) 
GRANTS, 
COOPERATIVE
AGREE-
MENTS, AND CONTRACTS.—In carrying out sub-
paragraph (A), the Secretary shall make grants
and enter into cooperative agreements and con-
tracts for the following purposes:
462
‘‘(i) To continue the monitoring, ma-
terial-testing, and evaluation of the high-
way 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 re-
quired to fulfill the original objectives of
the program and to meet future pavement
technology needs.’’.
(c) ADVANCED RESEARCH.—Section 307(b)(4) is
amended to read as follows:
‘‘(4) ADVANCED RESEARCH.—
‘‘(A) IN GENERAL.—The highway research
program under subsection (a) shall include an
advanced research program, consistent with the
plan developed under section 5506 of title 49,
that addresses longer-term, higher-risk research
that shows potential benefits for improving the
durability, efficiency, environmental impact,
productivity, and safety (including bicycle and
pedestrian safety) of highway and intermodal
transportation systems. In carrying out this
program, the Secretary shall strive to develop
463
partnerships with the public and private sec-
tors.
‘‘(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 ap-
propriate, including the following:
‘‘(i) Characterization of materials
used in highway infrastructure, including
analytical techniques, microstructure mod-
eling, and the deterioration processes.
‘‘(ii) Diagnostics for evaluation of the
condition of bridge and pavement struc-
tures to enable the assessment of risks of
failure, including from seismic activity, vi-
bration, and weather.
‘‘(iii) Design and construction details
for composite structures.
‘‘(iv) Safety technology based prob-
lems in the areas of pedestrian and bicycle
safety, roadside hazards, and composite
materials for roadside safety hardware.
‘‘(v) Environmental research, includ-
ing particulate matter source apportion-
464
ment, control strategy synthesis evaluation,
and model development.
‘‘(vi) Data acquisition techniques for
system condition and performance monitor-
ing.
‘‘(vii) Human factors, including pre-
diction of the response of current and fu-
ture travelers to new technologies.’’.
(d) 
SUPPORTING
INFRASTRUCTURE.—Section
307(b)(5) is amended—
(1) by amending subparagraph (A) to read as
follows:
‘‘(A) Methods, materials, and testing to
improve the durability of surface transportation
infrastructure facilities and extend the life of
bridge structures, including new and innovative
technologies to reduce corrosion and tests simu-
lating seismic activity, vibration, and weather.’’;
(2) by striking subparagraph (C);
(3) by redesignating subparagraph (D) as sub-
paragraph (C); and
(4) by adding after subparagraph (C), as so re-
designated, the following new subparagraphs:
465
‘‘(D) Research on the use of recycled mate-
rials, such as paper and plastic fiber reinforce-
ment systems.
‘‘(E) New innovative technologies to en-
hance and facilitate field construction and reha-
bilitation techniques for minimizing disruption
during repair and maintenance of structures.
‘‘(F) Expansion of knowledge of imple-
menting life cycle cost assessment, including es-
tablishing the appropriate analysis period and
discount rates, learning how to value and prop-
erly consider user costs, determining tradeoffs
between reconstruction and rehabilitation, and
establishing methodologies for balancing higher
initial costs of new technologies and improved
or advanced materials against lower mainte-
nance costs.
‘‘(G) Standardized estimates of useful life
under various conditions for advanced materials
of use in surface transportation. Such estimates
shall be developed in conjunction with the Na-
tional Institute of Standards and Technology
and other appropriate organizations.’’.
(e) REPEALS.—Section 307 is amended—
466
(1) by striking subsections (c), (d), and (e) and
inserting the following:
‘‘(c) STUDY OF FUTURE STRATEGIC HIGHWAY RE-
SEARCH PROGRAM.—
‘‘(1) STUDY.—
‘‘(A) IN
GENERAL.—Not later than 120
days after the date of enactment of the Build-
ing Efficient Surface Transportation and Eq-
uity Act of 1998, the Secretary shall make a
grant to, or enter into a cooperative agreement
or contract with, the Transportation Research
Board of the National Academy of Sciences (re-
ferred to in this subsection as the ‘‘Board’’) to
conduct a study to determine the goals, pur-
poses, research agenda and projects, adminis-
trative structure, and fiscal needs for a new
strategic highway research program to replace
the program established under section 307(d)
(as in effect on the day before the date of en-
actment of the Building Efficient Surface
Transportation and Equity Act of 1998), or a
similar effort.
‘‘(B) CONSULTATION.—In conducting the
study, the Board shall consult with the Amer-
ican Association of State Highway and Trans-
467
portation Officials and such other entities as
the Board determines to be necessary to the
conduct of the study.
‘‘(2) REPORT.—Not later than 2 years after
making a grant or entering into a cooperative agree-
ment or contract under subsection (a), the Board
shall submit a final report on the results of the
study to the Secretary, the Committee on Transpor-
tation and Infrastructure and the Committee on
Science of the House of Representatives, and the
Committee on Environment and Public Works of the
Senate.’’; and
(2) by redesignating subsections (f), (g), and
(h) as subsections ‘‘(d), (e), and (f)’’.
(f) SEISMIC RESEARCH PROGRAM.—Section 307(d),
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.’’;
468
(2) by striking paragraph (4) and inserting the
following:
‘‘(4) FUNDING.—Of the amounts made avail-
able to carry out this section, the Secretary shall ex-
pend not more than $2,000,000 for each of fiscal
years 1998 through 2003 to carry out this sub-
section, 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(f), as so redes-
ignated, is amended—
(1) by striking ‘‘The Secretary’’ and inserting
‘‘BIENNIAL REPORT.—The Secretary’’; and
(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:
‘‘(g) RECYCLED MATERIALS RESEARCH PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall con-
duct a program of research to determine—
‘‘(A) the performance of asphalt pavement
containing tire-derived carbonous asphalt modi-
469
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
enactment of the Building Efficient Surface Trans-
portation and Equity Act of 1998.’’.
(i) CONFORMING
AMENDMENTS.—Chapter 3 is
amended—
(1) in the heading to section 307 by striking
‘‘AND PLANNING’’; and
(2) in the table of sections for such chapter by
striking the item relating to section 307 and insert-
ing the following:
‘‘307. Research.’’.
(j) TECHNOLOGICAL INNOVATION.—Section 307 is
amended by adding at the end the following new sub-
section:
‘‘(h) TECHNOLOGICAL INNOVATION.—The programs
and activities carried out under this section shall be con-
sistent with the plan developed under section 5506 of title
49.’’.
470
SEC. 612. STATE PLANNING AND RESEARCH.
(a) IN GENERAL.—Chapter 3 is amended by insert-
ing 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
expenditure by the State, in consultation with the Sec-
retary, 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
planning of the financing of such programs and sys-
tems, including statewide planning under section
135.
‘‘(3) Development and implementation of man-
agement systems under section 303.
‘‘(4) Studies of the economy, safety, and con-
venience of highway usage and the desirable regula-
tion and equitable taxation thereof.
‘‘(5) Research, development, and technology
transfer activities necessary in connection with the
planning, design, construction, management, and
maintenance of highway, public transportation, and
471
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, DE-
VELOPMENT, 
AND
TECHNOLOGY
TRANSFER
ACTIVI-
TIES.—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 re-
search, development, and technology transfer activities de-
scribed in subsection (a) relating to highway, public trans-
portation, and intermodal 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 per-
cent of the amount of such funds and the Secretary ac-
cepts such certification. Funds used for research provided
under this subsection are not subject to an assessment
under the Small Business Research and Development En-
hancement Act of 1992 (Public Law 102–564).
‘‘(c) FEDERAL SHARE.—The Federal share payable
on account of any project financed with funds which are
subject to subsection (a) shall be 80 percent unless the
472
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 adminis-
tered by the Secretary as a single fund which shall be
available for obligation for the same period as funds ap-
portioned under section 104(b)(1).
‘‘(e) ANNUAL REPORT.—Each State shall report an-
nually to the Secretary on the level of its funding for re-
search and development activities described in subsection
(a)(5). A State may provide such information as part of
another report that the State provides to the Secretary.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions 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 coopera-
tion with a university with an ongoing program re-
lating 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 sec-
473
tion 127(a)(3)(H) of this Act, $1,000,000 per fiscal
year shall be available to carry out this subsection.
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
follows:
‘‘(c) FUNDS.—Funds available to carry out this sec-
tion shall include funds deposited by any cooperating orga-
nization 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 representa-
tion expenses, and salaries and benefits. Reimbursements
474
for salaries and benefits of Department of Transportation
employees providing services under this section shall be
credited to the special account.’’.
(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,
475
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
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
Secretary shall give preference to projects that leverage
Federal funds with other significant public or private re-
sources.
‘‘(d) GRANTS, CONTRACTS, 
AND
COOPERATIVE
AGREEMENTS.—The Secretary may carry out this section
either independently or in cooperation with other Federal
departments, agencies, and instrumentalities or by making
grants to, or entering into contracts, cooperative agree-
ments, or other transactions with any State or local agen-
cy, authority, association, institution, corporation (for-
profit or nonprofit), organization, or person.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 3 is amended by inserting after the item
relating to section 321 the following:
‘‘322. National technology deployment initiative.’’.
476
SEC. 623. EDUCATION AND TRAINING PROGRAMS.
(a) LOCAL TECHNICAL ASSISTANCE PROGRAM.—
Section 326(a) is amended—
(1) by striking ‘‘AUTHORITY’’ and inserting
‘‘LOCAL TECHNICAL ASSISTANCE PROGRAM’’; and
(2) by striking ‘‘transportation assistance pro-
gram’’ and inserting ‘‘local technical assistance pro-
gram’’.
(b) RESEARCH FELLOWSHIPS.—Section 326 is fur-
ther amended—
(1) in subsection (a), by inserting ‘‘, including
information 
obtained 
pursuant 
to 
section
307(b)(5)(F) and (G)’’ after ‘‘modern highway tech-
nology’’;
(2) by striking subsection (c);
(3) by redesignating subsection (b) as sub-
section (c), and in paragraph (1) of that subsection,
by inserting ‘‘concrete,’’ after ‘‘pavement,’’; and
(4) 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 in-
strumentalities, make grants for research fellowships
477
for any purpose for which research is authorized by
this section.
‘‘(2) DWIGHT DAVID EISENHOWER TRANSPOR-
TATION
FELLOWSHIP
PROGRAM.—The Secretary
shall establish and implement a transportation re-
search fellowship program for the purpose of attract-
ing qualified students to the field of transportation.
Such program shall be known as the ‘Dwight David
Eisenhower Transportation Fellowship Program’.’’.
(c) CONFORMING
AMENDMENTS.—Chapter 3 is
amended—
(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 insert-
ing 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
transportation center in each of the 10 United States Gov-
478
ernment regions that comprise the Standard Federal Re-
gional Boundary System.
‘‘(b) OTHER CENTERS.—The Secretary shall make
grants to nonprofit institutions of higher learning to es-
tablish and operate 10 university transportation centers,
in addition to the centers receiving grants under sub-
section (a), to address transportation management and re-
search and development, with special attention to increas-
ing the 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 insti-
tution of higher learning shall submit to the Sec-
retary an application that is in such form and con-
tains such information as the Secretary may require.
‘‘(2) SELECTION
CRITERIA.—The Secretary
shall select each recipient of a grant under this sec-
tion through a competitive process, except as pro-
vided in subsection (i), on the basis of the following:
‘‘(A) For regional centers, the location of
the center within the Federal region to be
served.
479
‘‘(B) The demonstrated research and ex-
tension 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
surface transportation program encompassing
several modes of transportation.
‘‘(E) The recipient’s demonstrated commit-
ment of at least $200,000 in regularly budgeted
institutional amounts each year to support on-
going transportation research and education
programs.
‘‘(F) The recipient’s demonstrated ability
to disseminate results of transportation re-
search and education programs through a state-
wide or regionwide continuing education pro-
gram.
‘‘(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:
480
‘‘(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.
‘‘(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.—In order to be eli-
gible 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 trans-
portation 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 section is 50 percent of costs. The non-Federal share
may include funds provided to a recipient under section
481
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 and consistent with the plan devel-
oped under section 5506, the Secretary shall review
and evaluate programs the grant recipients carry
out.
‘‘(3) FUNDING
LIMITATION.—The Secretary
may use not more than 1 percent of amounts made
available from Government sources to carry out this
subsection.
‘‘(h) LIMITATION ON AVAILABILITY OF FUNDS.—
Funds made available to carry out this program shall re-
main available for obligation for a period of 2 years after
the last day of the fiscal year for which such funds are
authorized.
‘‘(i) SPECIAL RULE FOR FISCAL YEARS 1998 and
1999.—
482
‘‘(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
before the date of the enactment of this section.
‘‘(2) TERMS AND CONDITIONS.—Notwithstand-
ing any other provision of this section, grants made
pursuant to paragraph (1) in fiscal years 1998 and
1999 shall be subject to the same terms and condi-
tions as the fiscal year 1997 grants referred to in
paragraph (1); except that the university research
institutes at San Jose State University, North Caro-
lina A&T State University, and the University of
South Florida shall each receive $1,000,000 in
grants under paragraph (1) in each of fiscal years
1998 and 1999.
‘‘(j) UNIVERSITY RESEARCH INSTITUTES.—Any uni-
versity research institute that received a grant under sec-
tion 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.
483
‘‘(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
California State University at Long Beach.
‘‘(7) Pace University.
‘‘(8) A consortium of historically black colleges
in Alabama.
‘‘(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.
484
‘‘(13) The University of Tennessee.
‘‘(14) The Alabama Transportation Institute.
‘‘(15) A consortium consisting of Columbia
University, City University of New York, Manhattan
College, and New Jersey Institute of Technology.
‘‘(16) Maritime College of the State University
of New York.
‘‘(17) University of New Orleans.
‘‘(18) University of Maine.
‘‘(19) Tennessee Technological University.
‘‘(20) Middle Tennessee State University.
‘‘(21) The University of Maryland.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 55 of title 49, United States Code, is
amended by inserting after the item relating to section
5504 the following:
‘‘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
University Institute of Technology, the College of
West Virginia, and Bluefield State College to estab-
lish and operate an Appalachian Transportation In-
stitute. Such institute shall conduct research, train-
485
ing, technology transfer, and other transportation
related activities in the development and enhance-
ment of transportation systems in the Appalachian
region, including 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 reason-
able cost associated with the establishment and ad-
ministration 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 oper-
ate and expand the ITS Institute. The ITS Institute
shall continue to conduct research, education, and
development activities that focus on transportation
management, enhanced safety, human factors, and
reduced environmental effects. The ITS Institute
486
shall develop new or expanded programs to address
emerging issues of ITS related to transportation pol-
icy, intermodalism, sustainable community develop-
ment, 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 reason-
able cost associated with the establishment and ad-
ministration 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;
487
(3) not to exceed $2,000,000 per fiscal year
shall be available for the Dwight D. Eisenhower
Transportation 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
fiscal years 2000 through 2003 shall be available for
the national technology deployment initiative pro-
gram 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 sub-
section (b)(4);
(2) in subsection (c)(1)—
(A) in subparagraph (J) by striking ‘‘and’’
at the end;
(B) in subparagraph (K) by striking the
period and inserting ‘‘; and’’ ; and
489
(107 Stat. 285 et seq.), and shall undertake such
other reviews as may be requested by the Sec-
retary.’’;
(5) in subsection (c) by adding at the end the
following:
‘‘(7) SUPPORTING TRANSPORTATION DECISION-
MAKING.—Ensuring that the statistics compiled
under paragraph (1) are relevant for transportation
decisions by Federal, State, and local governments,
transportation-related associations, private busi-
nesses, 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 trans-
490
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 a national transpor-
tation library containing a collection of statistical and
other information needed for transportation decision-
making 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 net-
works; and social, economic, and environmental conditions
affecting or affected by those networks. These data bases
shall be able to support intermodal network analysis.
491
‘‘(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 redesig-
nated, 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,
bureau, 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,
492
copies of reports which have been filed under sub-
section (c)(2) with the Bureau or retained by any in-
dividual 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 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 or-
ganization to be reasonable inferred by direct or in-
direct means.
‘‘(3) COLLECTION
OF
DATA
FOR
NONSTATIS-
TICAL PURPOSES.—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 collection of such data or information
by rule, and on the collection instrument, to inform
a respondent 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,
493
funds received by the Bureau from the sale of data prod-
ucts may be credited to the Highway Trust Fund (other
than the Mass Transit Account) and shall be available for
the purpose 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.
494
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
conduct research on improved methods of using
concrete pavement in the construction, recon-
struction, and repair of Federal-aid highways.
(B) FUNDING.—Of the amounts made
available 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.
495
(B) GRANTS.—In carrying out this para-
graph, the Secretary may make grants to State
and local governments.
(C) FUNDING.—Of the amounts made
available 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
improve and demonstrate the use of steel bridge
construction.
(B) FUNDING.—Of the amounts made
available 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
carried out using a grant made under this para-
graph shall be 80 percent of the cost of such
activities.
(4) USE OF ASPHALT PAVEMENT.—
496
(A) IN
GENERAL.—The Secretary shall
conduct research on improved methods of using
asphalt pavement in the construction, recon-
struction, and repair of Federal-aid highways.
(B) FUNDING.—Of the amounts made
available 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 MONITOR-
ING SYSTEMS.—
(A) IN
GENERAL.—The Secretary shall
conduct research on improved methods of de-
ploying and integrating existing ITS projects to
include hazardous materials monitoring systems
across various modes of transportation.
(B) FUNDING.—Of the amounts made
available 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
conduct research on the deployment of a system
497
of 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 ve-
hicle, and monitor and adjust automatic brak-
ing systems.
(B) FUNDING.—Of the amounts made
available 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
ACTIVITIES.—
(A) IN
GENERAL.—The Secretary shall
continue to support the Urban Consortium’s
ITS outreach and technology transfer activities.
(B) FUNDING.—Of the amounts made
available 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.—
498
(A) IN
GENERAL.—The Secretary shall
continue development and deployment through
the New Jersey Institute of Technology to met-
ropolitan planning organizations of the Trans-
portation Economic and Land Use System.
(B) FUNDING.—Of the amounts made
available 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 paragraph.
(10) NORTHEAST ITS IMPLEMENTATION.—
499
(A) IN
GENERAL.—The Secretary shall
make grants to the States to continue ITS ac-
tivities in the Interstate Route I–95 corridor in
the northeastern United States initiated under
the Intermodal Surface Transportation Effi-
ciency 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 paragraph.
(11) COMPOSITE MATERIALS.—
(A) IN
GENERAL.—The Secretary shall
conduct research in the use of composite mate-
rials for guardrails and bridge decking.
(B) FUNDING.—Of the amounts made
available 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-