191
127(a)(3)(H) of this Act, $2,000,000 per fiscal year shall
be available to carry out this section.
TITLE III—FEDERAL TRANSIT
ADMINISTRATION PROGRAMS
SEC. 301. AMENDMENTS TO TITLE 49, UNITED STATES
CODE.
Except as otherwise specifically provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion of law, the reference shall be considered to be made
to a section or other provision of title 49, United States
Code.
SEC. 302. DEFINITIONS.
Section 5302 is amended to read as follows:
‘‘§ 5302. Definitions
‘‘(a) IN GENERAL.—In this chapter, the following
definitions apply:
‘‘(1) CAPITAL
PROJECT.—The term ‘capital
project’ means a project for—
‘‘(A) acquiring, constructing, supervising,
or inspecting equipment or a facility for use in
mass transportation, expenses incidental to the
acquisition or construction (including designing,
engineering, location surveying, mapping, and
acquiring rights of way), payments for the cap-
192
ital portions of rail trackage rights agreements,
transit-related intelligent transportation sys-
tems, relocation assistance, acquiring replace-
ment housing sites, and acquiring, constructing,
relocating, and rehabilitating replacement hous-
ing;
‘‘(B) rehabilitating a bus;
‘‘(C) remanufacturing a bus;
‘‘(D) overhauling rail rolling stock;
‘‘(E) preventive maintenance;
‘‘(F) leasing equipment or a facility for use
in mass transportation subject to regulations
the Secretary prescribes limiting the leasing ar-
rangements to those that are more cost-effective
than acquisition or construction; or
‘‘(G) a mass transportation improvement
that enhances economic development or incor-
porates private investment (including commer-
cial and residential development and pedestrian
and bicycle access to a mass transportation fa-
cility) because the improvement—
‘‘(i) enhances the effectiveness of a
mass transportation project and is related
physically or functionally to that mass
transportation project or establishes new
193
or enhanced coordination between mass
transportation and other transportation;
and
‘‘(ii) provides a fair share of revenue
for mass transportation that will be used
for mass transportation.
‘‘(2) 
CHIEF
EXECUTIVE
OFFICER
OF
A
STATE.—The term ‘chief executive officer of a State’
includes the designee of the chief executive officer.
‘‘(3) EMERGENCY
REGULATION.—The term
‘emergency regulation’ means a regulation—
‘‘(A) that is effective temporarily before
the expiration of the otherwise specified periods
of time for public notice and comment under
section 5334(b) of this title; and
‘‘(B) prescribed by the Secretary of Trans-
portation as the result of a finding that a delay
in the effective date of the regulation—
‘‘(i) would injure seriously an impor-
tant public interest;
‘‘(ii) would frustrate substantially leg-
islative policy and intent; or
‘‘(iii) would damage seriously a person
or class without serving an important pub-
lic interest.
194
‘‘(4) FIXED
GUIDEWAY.—The term ‘fixed
guideway’ means a mass transportation facility—
‘‘(A) using and occupying a separate right
of way or rail for the exclusive use of mass
transportation and other high occupancy vehi-
cles; or
‘‘(B) using a fixed catenary system and a
right of way usable by other forms of transpor-
tation.
‘‘(5) HANDICAPPED
INDIVIDUAL.—The term
‘handicapped individual’ means an individual who,
because of illness, injury, age, congenital malfunc-
tion, or other incapacity or temporary or permanent
disability (including an individual who is a wheel-
chair user or has semiambulatory capability), cannot
use effectively, without special facilities, planning, or
design, mass transportation service or a mass trans-
portation facility.
‘‘(6) LOCAL GOVERNMENTAL AUTHORITY.—The
term ‘local governmental authority’ includes—
‘‘(A) a political subdivision of a State;
‘‘(B) an authority of at least one State or
political subdivision of a State;
‘‘(C) an Indian tribe; and
195
‘‘(D) a public corporation, board, or com-
mission established under the laws of a State.
‘‘(7) MASS TRANSPORTATION.—The term ‘mass
transportation’ means transportation by a convey-
ance that provides regular and continuing general or
special transportation to the public, but does not in-
clude schoolbus, charter, or sightseeing transpor-
tation.
‘‘(8) NET
PROJECT
COST.—The term ‘net
project cost’ means the part of a project that reason-
ably cannot be financed from revenues.
‘‘(9) NEW BUS MODEL.—The term ‘new bus
model’ means a bus model (including a model using
alternative fuel)—
‘‘(A) that has not been used in mass trans-
portation in the United States before the date
of production of the model; or
‘‘(B) used in mass transportation in the
United States but being produced with a major
change in configuration or components.
‘‘(10) PREVENTIVE MAINTENANCE.—The term
‘preventive maintenance’ means a major activity in-
tended to improve or upgrade a transit vehicle or fa-
cility or repair or replace a damaged, malfunction-
ing, overaged, or outmoded transit vehicle or facility
196
system, subsystem, element, or component. Such
term does not include any activity of a routine or
servicing nature, such as checking and replenishing
fluid levels, adjusting settings on otherwise properly
operating components, washing and cleaning a tran-
sit vehicle or facility, changing tires and wheels, or
repairing damage to a vehicle or facility caused by
an accident.
‘‘(11) PUBLIC
TRANSPORTATION.—The term
‘public transportation’ means mass transportation.
‘‘(12) REGULATION.—The term ‘regulation’
means any part of a statement of general or particu-
lar applicability of the Secretary of Transportation
designed to carry out, interpret, or prescribe law or
policy in carrying out this chapter.
‘‘(13) STATE.—The term ‘State’ means a State
of the United States, the District of Columbia, Puer-
to Rico, the Northern Mariana Islands, Guam,
American Samoa, and the Virgin Islands.
‘‘(14) TRANSIT.—The term ‘transit’ means
mass transportation.
‘‘(15) TRANSIT
ENHANCEMENT.—The term
‘transit enhancement’ means with respect to any
project or an area to be served by the project, his-
toric preservation, rehabilitation, and operation of
197
historic mass transportation buildings, structures,
and facilities (including historic railroad facilities
and canals); projects that enhance transit safety and
security; landscaping and other scenic beautification
and art in and around mass transportation stations,
facilities, bus shelters, bridges, and buses; bicycle
and pedestrian access to mass transportation, in-
cluding bicycle storage facilities and installing equip-
ment for transporting bicycles on mass transpor-
tation vehicles; projects that enhance access for the
disabled to mass transportation; and archaeological
planning and research related to mass transpor-
tation projects.
‘‘(16) URBAN
AREA.—The term ‘urban area’
means an area that includes a municipality or other
built-up place that the Secretary of Transportation,
after considering local patterns and trends of urban
growth, decides is appropriate for a local mass
transportation system to serve individuals in the lo-
cality.
‘‘(17) URBANIZED AREA.—The term ‘urbanized
area’ means an area—
‘‘(A) encompassing at least an urbanized
area within a State that the Secretary of Com-
merce designates; and
198
‘‘(B) designated as an urbanized area
within boundaries fixed by State and local offi-
cials and approved by the Secretary of Trans-
portation.
‘‘(b) AUTHORITY TO MODIFY ‘HANDICAPPED INDI-
VIDUAL’.—The Secretary of Transportation by regulation
may modify the definition of subsection (a)(5) as it applies
to section 5307(d)(1)(D) of this title.’’.
SEC. 303. METROPOLITAN PLANNING.
(a) GOALS AND OBJECTIVES OF PLANNING PROC-
ESS.—Section 5303(b) is amended to read as follows:
‘‘(b) GOALS AND OBJECTIVES OF PLANNING PROC-
ESS.—
‘‘(1) CONSIDERATION.—To the extent that the
metropolitan planning organization determines ap-
propriate, the metropolitan transportation planning
process may include consideration of goals and ob-
jectives that—
‘‘(A) support the economic vitality of the
metropolitan area, especially by enabling global
competitiveness, productivity, and efficiency;
‘‘(B) increase the safety and security of
the transportation system;
‘‘(C) increase the accessibility and mobility
for people and freight;
199
‘‘(D) protect and enhance the environment,
conserve energy, and enhance quality of life;
‘‘(E) 
enhance 
the 
integration 
and
connectivity of the transportation system,
across and between modes, for people and
freight;
‘‘(F) promote efficient system utilization
and operation; and
‘‘(G) preserve the existing transportation
system.
‘‘(2) CONVERSION
TO
GOALS
AND
OBJEC-
TIVES.—The metropolitan planning organization
shall cooperatively determine with the State and
mass transportation operators how the consider-
ations listed in paragraph (1) are translated into
metropolitan goals and objectives and how they are
factored into decision making.’’.
(b) LONG RANGE TRANSPORTATION PLAN.—Section
5303(f) is amended—
(1) in paragraph (1) by inserting ‘‘transpor-
tation’’ after ‘‘long-range’’;
(2) in paragraph (1) by striking ‘‘at least
shall—’’ and inserting ‘‘shall contain, at a minimum,
the following:’’;
200
(3) in paragraph (1)(A) by striking ‘‘identify’’
and inserting ‘‘An identification of’’;
(4) by striking paragraph (1)(B) and inserting
the following:
‘‘(B) A financial plan that demonstrates
how the adopted transportation plan can be im-
plemented, indicates resources from public and
private sources that are reasonably expected to
be made available to carry out the plan and rec-
ommends any additional financing strategies for
needed projects and programs. The financial
plan may include, for illustrative purposes, ad-
ditional projects that would be included in the
adopted transportation plan if reasonable addi-
tional resources beyond those identified in the
financial plan were available. For the purpose
of developing the transportation plan, the met-
ropolitan planning organization and State shall
cooperatively develop estimates of funds that
will be available to support plan implementa-
tion.’’;
(5) in paragraph (1)(C) by striking ‘‘assess’’
and inserting ‘‘An assessment of’’;
201
(6) in paragraph (4) by inserting after ‘‘em-
ployees,’’ the following: ‘‘freight shippers and provid-
ers of freight transportation services,’’; and
(7) in paragraph (5) by inserting ‘‘transpor-
tation’’ before ‘‘plan’’.
SEC. 304. TRANSPORTATION IMPROVEMENT PROGRAM.
Section 5304 is amended—
(1) in subsection (a) by striking ‘‘2 years’’ and
inserting ‘‘3 years’’; and
(2) in subsection (b)(2)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (B);
(B) by striking the period at the end of
subparagraph (C) and inserting ‘‘; and’’;
(C) by adding at the end the following:
‘‘(D) may include, for illustrative purposes,
additional projects that would be included in
the adopted transportation plan if reasonable
additional resources beyond those identified in
the financial plan were available.’’.
SEC. 305. TRANSPORTATION MANAGEMENT AREAS.
Section 5305 is amended—
(1) in subsection (c) by striking ‘‘shall’’ and in-
serting ‘‘may’’; and
202
(2) in subsection (d)(1) by striking ‘‘of the Na-
tional Highway System’’ each place it appears and
inserting the following: ‘‘under the National High-
way System and high risk road safety programs,’’.
SEC. 306. URBANIZED AREA FORMULA GRANTS.
(a) SECTION HEADING.—
(1) AMENDMENT TO SECTION.—Section 5307 is
amended by striking the section heading and insert-
ing the following:
‘‘§ 5307. Urbanized area formula grants’’.
(2) CONFORMING AMENDMENT.—The item re-
lating to section 5307 in the table of sections for
chapter 53 is amended to read as follows:
‘‘5307. Urbanized area formula grants.’’.
(b) DEFINITIONS.—Section 5307(a) is amended—
(1) by striking ‘‘In this section’’ and inserting
‘‘In this section, the following definitions apply:’’;
(2) by inserting ‘‘ASSOCIATED CAPITAL MAIN-
TENANCE ITEMS.—The term’’ after ‘‘(1)’’;
(3) by inserting ‘‘DESIGNATED
RECIPIENT.—
The term’’ after ‘‘(2)’’.
(c) GENERAL
AUTHORITY.—Section 5307(b) is
amended—
(1) in paragraph (1)—
203
(A) by striking ‘‘, improvement, and oper-
ating costs’’ and inserting ‘‘and improvement
costs’’; and
(B) by adding at the end the following new
sentence: ‘‘In an urbanized area with a popu-
lation of less than 200,000, the Secretary may
also make grants under this section to finance
the operating cost of equipment and facilities
for use in mass transportation.’’;
(2) by striking paragraphs (3) and (5); and
(3) redesignating paragraph (4) as paragraph
(3).
(d) ADVANCE CONSTRUCTION.—Section 5307(g)(3)
is amended by striking ‘‘the amount by which’’ and all
that follows through the period at the end and inserting
‘‘the most favorable financing terms reasonably available
for the project at the time of borrowing. The applicant
shall certify, in a manner satisfactory to the Secretary,
that the applicant has shown reasonable diligence in seek-
ing the most favorable financing terms.’’.
(e) 
COORDINATION
OF
REVIEWS.—Section
5307(i)(2) is amended by adding at the end the following:
‘‘To the extent practicable, the Secretary shall coordinate
such reviews with any related State or local reviews.’’.
204
(f) TRANSIT ENHANCEMENT ACTIVITIES.—Section
5307(k) is amended to read as follows:
‘‘(k) TRANSIT ENHANCEMENT ACTIVITIES.—2 per-
cent of the funds apportioned to urbanized areas of at
least 200,000 population under section 5336 for a fiscal
year shall only be available for transit enhancement activi-
ties.’’.
(g) CONFORMING AMENDMENTS.—Section 5307(n) is
amended—
(1) by striking ‘‘(1)’’ the first place it appears
and all that follows through ‘‘(2)’’; and
(2) by inserting ‘‘5319,’’ after ‘‘5318,’’.
SEC. 307. MASS TRANSIT ACCOUNT BLOCK GRANTS.
Section 5308, and the item relating to section 5308
in the table of sections for chapter 53, are repealed.
SEC. 308. CAPITAL PROGRAM GRANTS AND LOANS.
(a) SECTION HEADING.—Section 5309 is amended in
the section heading by striking ‘‘Discretionary’’ and
inserting ‘‘Capital program’’.
(b) CONFORMING AMENDMENT.—The item relating
to section 5309 in the table of sections for chapter 53 is
amended by striking ‘‘Discretionary’’ and inserting ‘‘Cap-
ital program’’.
(c) GENERAL
AUTHORITY.—Section 5309(a) is
amended—
205
(1) by striking subparagraph (E) and inserting
the following:
‘‘(E) capital projects to modernize existing fixed
guideway systems;’’;
(2) by striking ‘‘and’’ at the end of paragraph
(1)(F);
(3) by striking the period at the end of para-
graph (1)(G) and inserting ‘‘; and’’; and
(4) by inserting after paragraph (1)(G) the fol-
lowing:
‘‘(H) capital projects to replace, rehabilitate,
and purchase buses and related equipment and to
construct bus-related facilities.’’.
(d) CONSIDERATION
OF DECREASED COMMUTER
RAIL TRANSPORTATION.—Section 5309(c) is repealed.
(e) CRITERIA FOR GRANTS AND LOANS FOR FIXED
GUIDEWAY SYSTEMS.—Section 5309(e) is amended to
read as follows:
‘‘(e) CRITERIA FOR GRANTS AND LOANS FOR FIXED
GUIDEWAY SYSTEMS.—
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation may approve a grant or loan under this sec-
tion for a capital project for a new fixed guideway
system or extension of an existing fixed guideway
206
system only if the Secretary determines that the pro-
posed project is—
‘‘(A) based on the results of an alter-
natives analysis and preliminary engineering;
‘‘(B) justified based on a comprehensive
review of its mobility improvements, environ-
mental benefits, cost effectiveness, and operat-
ing efficiencies; and
‘‘(C) supported by an acceptable degree of
local financial commitment, including evidence
of stable and dependable financing sources to
construct, maintain, and operate the system or
extension.
‘‘(2) ALTERNATIVES
ANALYSIS
AND
PRELIMI-
NARY ENGINEERING.—In evaluating a project under
paragraph (1)(A), the Secretary shall analyze and
consider the results of the alternatives analysis and
preliminary engineering for the project.
‘‘(3) PROJECT JUSTIFICATION.—In evaluating a
project under paragraph (1)(B), the Secretary
shall—
‘‘(A) consider the direct and indirect costs
of relevant alternatives;
‘‘(B) consider factors such as congestion
relief, improved mobility, air pollution, noise
207
pollution, energy consumption, and all associ-
ated ancillary and mitigation costs necessary to
carry out each alternative analyzed;
‘‘(C) identify and consider existing mass
transportation supportive land use policies and
future land use patterns and the costs of urban
sprawl;
‘‘(D) consider the degree to which the
project increases the mobility of the mass trans-
portation dependent population or promotes
economic development;
‘‘(E) consider population density, current
transit ridership in the corridor, and cost per
new rider;
‘‘(F) consider the technical capability of
the grant recipient to construct the project;
‘‘(G) adjust the project justification to re-
flect differences in local land, construction, and
operating costs; and
‘‘(H) consider other factors the Secretary
determines appropriate to carry out this chap-
ter.
‘‘(4) LOCAL FINANCIAL COMMITMENT.—
208
‘‘(A) EVALUATION OF PROJECT.—In evalu-
ating a project under paragraph (1)(C), the
Secretary shall require that—
‘‘(i) the proposed project plan pro-
vides for the availability of contingency
amounts the Secretary determines to be
reasonable to cover unanticipated cost in-
creases;
‘‘(ii) each proposed local source of
capital and operating financing is stable,
reliable, and available within the proposed
project timetable; and
‘‘(iii) local resources are available to
operate the overall proposed mass trans-
portation system (including essential feeder
bus and other services necessary to achieve
the projected ridership levels) without re-
quiring a reduction in existing mass trans-
portation services to operate the proposed
project.
‘‘(B) STABILITY, RELIABILITY, AND AVAIL-
ABILITY
OF
LOCAL
FINANCING.—In assessing
the stability, reliability, and availability of pro-
posed sources of local financing for the project,
the Secretary shall consider—
209
‘‘(i) existing grant commitments;
‘‘(ii) the degree to which financing
sources are dedicated to the purposes pro-
posed;
‘‘(iii) any debt obligation that exists
or is proposed by the recipient for the pro-
posed project or other mass transportation
purpose; and
‘‘(iv) the extent to which the project
has a local financial commitment that ex-
ceeds the required non-Federal share of
the cost of the project.
‘‘(5) REGULATIONS.—No later than 120 days
after the date of the enactment of the Building Effi-
cient Surface Transportation and Equity Act of
1997, the Secretary shall issue regulations on how
the Secretary will evaluate and rate the projects
based on the results of alternatives analysis, project
justification, and the degree of local financial com-
mitment as required under this subsection.
‘‘(6) PROJECT
EVALUATION
AND
RATING.—A
proposed project may advance from alternatives
analysis to preliminary engineering, and may ad-
vance from preliminary engineering to final design
and construction, only if the Secretary finds that the
210
project meets the requirements of this section and
there is a reasonable likelihood that the project will
continue to meet such requirements. In making such
findings, the Secretary shall evaluate and rate the
project as either highly recommended, recommended,
or not recommended based on the results of alter-
natives analysis, the project justification criteria,
and the degree of local financial commitment as re-
quired under this subsection. In rating the projects,
the Secretary shall provide, in addition to the overall
project rating, individual ratings for each criteria es-
tablished under the regulations issued under para-
graph (5).
‘‘(7) FULL FUNDING GRANT AGREEMENT.—A
project financed under this subsection shall be car-
ried out through a full funding grant agreement.
The Secretary shall enter into a full funding grant
agreement based on the evaluations and ratings re-
quired under this subsection. The Secretary shall not
enter into a full funding grant agreement for a
project unless that project is authorized for final de-
sign and construction.
‘‘(8) LIMITATIONS ON APPLICABILITY.—
‘‘(A) PROJECTS
WITH
A
SECTION
5309
FEDERAL SHARE OF LESS THAN $25,000,000.—A
211
project for a new fixed guideway system or ex-
tension of an existing fixed guideway system is
not subject to the requirements of this sub-
section, and the simultaneous evaluation of
similar projects in at least 2 corridors in a met-
ropolitan area may not be limited, if the assist-
ance provided under this section with respect to
the project is less than $25,000,000.
‘‘(B) 
PROJECTS
IN
NONATTAINMENT
AREAS.—The 
simultaneous 
evaluation 
of
projects in at least 2 corridors in a metropoli-
tan area may not be limited and the Secretary
shall make decisions under this subsection with
expedited procedures that will promote carrying
out an approved State Implementation Plan in
a timely way if a project is—
‘‘(i) located in a nonattainment area;
‘‘(ii) a transportation control measure
(as defined by the Clean Air Act (42
U.S.C. 7401 et seq.)); and
‘‘(iii) required to carry out the State
Implementation Plan.
‘‘(C) PROJECTS FINANCED WITH HIGHWAY
FUNDS.—This subsection does not apply to a
project financed completely with amounts made
212
available from the Highway Trust Fund (other
than the Mass Transit Account).
‘‘(D) PREVIOUSLY ISSUED LETTER OF IN-
TENT
OR
FULL
FUNDING
GRANT
AGREE-
MENT.—This subsection does not apply to
projects for which the Secretary has issued a
letter of intent or entered into a full funding
grant agreement before the date of the enact-
ment of this subparagraph.’’.
(f) LETTERS OF INTENT AND FULL FUNDING GRANT
AGREEMENTS.—Section 5309(g) is amended—
(1) in the subsection heading by striking ‘‘FI-
NANCING’’ and inserting ‘‘FUNDING’’;
(2) by striking ‘‘full financing’’ each place it ap-
pears and inserting ‘‘full funding’’;
(3) in paragraph (1)(B)—
(A) by striking ‘‘30 days’’ and inserting
‘‘60 days’’;
(B) by inserting before the first comma
‘‘or entering into a full funding grant agree-
ment’’; and
(C) by striking ‘‘issuance of the letter.’’
and inserting ‘‘letter or agreement. The Sec-
retary shall include with the notification a copy
of the proposed letter or agreement as well as
213
the evaluations and ratings for the project.’’;
and
(4) in paragraph (2) by striking ‘‘full financ-
ing’’ each place it appears and inserting ‘‘full fund-
ing’’.
(g) ALLOCATING AMOUNTS.—Section 5309(m) is
amended to read as follows:
‘‘(m) ALLOCATING AMOUNTS.—
‘‘(1) IN
GENERAL.—Of the amounts made
available by section 5338(b) for grants and loans
under this section for each of fiscal years 1998,
1999, and 2000—
‘‘(A) 40 percent shall be available for fixed
guideway modernization;
‘‘(B) 40 percent shall be available for cap-
ital projects for new fixed guideway systems
and extensions to existing fixed guideway sys-
tems; and
‘‘(C) 20 percent shall be available to re-
place, rehabilitate, and buy buses and related
equipment and to construct bus-related facili-
ties.
‘‘(2) LIMITATION ON AMOUNTS AVAILABLE FOR
ACTIVITIES OTHER THAN FINAL DESIGN AND CON-
STRUCTION.—Not more than 8 percent of the
214
amounts made available in each fiscal year by para-
graph (1)(B) shall be available for activities other
than final design and construction.
‘‘(3) BUS AND BUS FACILITY GRANTS.—
‘‘(A) CONSIDERATION.—In making grants
under paragraph (1)(C), the Secretary shall
consider the age of buses, bus fleets, related
equipment, and bus-related facilities.
‘‘(B) FUNDING FOR BUS TESTING FACIL-
ITY.—Of the amounts made available by para-
graph (1)(C), $3,000,000 shall be available in
each of fiscal years 1998, 1999, and 2000 to
carry out section 5318.
‘‘(C) FUNDING
FOR
BUS
TECHNOLOGY
PILOT PROGRAM.—Of the funds made available
by paragraph (1)(C), 10 percent shall be avail-
able in each of fiscal years 1998, 1999, and
2000 to carry out the bus technology pilot pro-
gram under subsection (o).
‘‘(D) OTHER THAN URBANIZED AREAS.—
Of amounts made available by paragraph
(1)(C), not less than 5.5 percent shall be avail-
able in each fiscal year for other than urbanized
areas.
215
‘‘(4) ELIGIBILITY FOR ASSISTANCE FOR MUL-
TIPLE PROJECTS.—A person applying for, or receiv-
ing, assistance for a project described in clause (A),
(B), or (C) of paragraph (1) may receive assistance
for a project described in another of those clauses.’’.
(h) ADVANCE CONSTRUCTION.—Section 5309(n)(2)
is amended by striking ‘‘in a way’’ and inserting ‘‘in a
manner’’.
(i) CONFORMING AMENDMENTS.—
(1) RELOCATION
OF
SUBSECTION.—Section
5309 is amended—
(A) by striking subsection (f); and
(B) 
by 
redesignating 
subsections 
(g)
through (o) as subsections (f) through (n), re-
spectively.
(2) 
CROSS
REFERENCES.—Chapter 
is
amended—
(A) in section 5319 by striking ‘‘5309(h)
and inserting ‘‘5309(g)’’;
(B) in section 5328(a)(2) by striking
‘‘5309(e)(1)–(6) of this title’’ and inserting
‘‘5309(e)’’; and
(C) in section 5328(a)(4) by striking
‘‘5309(m)(2) of this title’’ and inserting
‘‘5309(o)(1)’’.
216
(3) REFERENCES
TO
FULL
FUNDING
GRANT
AGREEMENTS.—Sections 5320 and 5328(a)(4) are
each amended by striking ‘‘full financing’’ and in-
serting ‘‘full funding’’. The subsection heading for
section 5320(e) is amended by striking ‘‘FINANC-
ING’’ and inserting ‘‘FUNDING’’.
(j) BUS TECHNOLOGY PILOT PROGRAM.—Section
5309 is further amended by adding at the end the follow-
ing:
‘‘(o) BUS TECHNOLOGY PILOT PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a pilot program for the testing and deploy-
ment of new bus technology, including clean fuel and
alternative fuel technology.
‘‘(2) PROJECTS.—Under the pilot program, the
Secretary shall carry out projects for testing and de-
ployment of new bus technology, including clean fuel
and alternative fuel technology. The Secretary shall
select projects for funding under the pilot program
that will employ a variety of technologies and will be
performed in a variety of geographic areas of the
country with populations under 50,000, between
50,000 and 200,000, and over 200,000.
‘‘(3) REPORT.—Not later than April 30, 2000,
the Secretary shall transmit to the Committee on
217
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report
on the results of the pilot program, including a de-
scription of the projects carried out, the amounts ob-
ligated, and the status of the test and deployment
activities undertaken.’’.
(k) REPORTS.—Section 5309 is further amended by
adding at the end the following:
‘‘(p) REPORTS.—
‘‘(1) FUNDING LEVELS AND ALLOCATIONS OF
FUNDS FOR FIXED GUIDEWAY SYSTEMS.—
‘‘(A) ANNUAL
REPORT.—Not later than
the first Monday in February of each year, the
Secretary shall submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on Bank-
ing, Housing, and Urban Affairs of the Senate
a report that includes a proposal on the alloca-
tion of amounts to be made available to finance
grants and loans for capital projects for new
fixed guideway systems and extensions to exist-
ing fixed guideway systems among applicants
for those amounts.
218
‘‘(B) RECOMMENDATIONS ON FUNDING.—
The annual report under this paragraph shall
include evaluations and ratings, as required
under subsection (e), for each project that is
authorized or has received funds under this sec-
tion since the date of the enactment of this Act
or October 1 of the preceding fiscal year, which-
ever date is earlier. The report shall also in-
clude recommendations of projects for funding
based on the evaluations and ratings and on ex-
isting commitments and anticipated funding
levels for the next 3 fiscal years and for the
next 10 fiscal years based on information cur-
rently available to the Secretary.
‘‘(2) 
SUPPLEMENTAL
REPORT
ON
NEW
STARTS.—The Secretary shall submit a report to
Congress on the 31st day of August of each year
that describes the Secretary’s evaluation and rating
of each project that has completed alternatives anal-
ysis or preliminary engineering since the date of the
last report. The report shall include all relevant in-
formation that supports the evaluation and rating of
each project, including a summary of each project’s
financial plan.
219
‘‘(3) ANNUAL GAO REVIEW.—the General Ac-
counting Office shall—
‘‘(A) conduct an annual review of—
‘‘(i) the processes and procedures for
evaluating and rating projects and rec-
ommending projects; and
‘‘(ii) the Secretary’s implementation
of such processes and procedures; and
‘‘(B) shall report to Congress on the re-
sults of such review by April 30 of each year.’’.
(l) PROJECT DEFINED.—Section 5309 is further
amended by adding at the end the following:
‘‘(q) PROJECT DEFINED.—In this section, the term
‘project’ means, with respect to a new fixed guideway sys-
tem or extension to an existing fixed guideway system, a
minimum operable segment of the project.’’.
SEC. 309. FORMULA GRANTS AND LOANS FOR SPECIAL
NEEDS OF ELDERLY INDIVIDUALS AND INDI-
VIDUALS WITH DISABILITIES.
(a) SECTION HEADING.—Section 5310 is amended in
the section heading by inserting ‘‘formula’’ before
‘‘grants’’.
(b) CONFORMING AMENDMENT.—The item relating
to section 5310 in the table of sections for chapter 53 is
amended by inserting ‘‘formula’’ before ‘‘grants’’.
220
SEC. 310. FORMULA PROGRAM FOR OTHER THAN URBAN-
IZED AREAS.
(a) INTERCITY
BUS
TRANSPORTATION.—Section
5311 is amended—
(1) in the section heading by striking ‘‘finan-
cial 
assistance’’ 
and 
inserting 
‘‘formula
grants’’; and
(2) in subsection (f)(1) by striking ‘‘10 percent
of the amount made available in the fiscal year end-
ing September 30, 1993, and’’.
(b) CONFORMING AMENDMENT.—The item relating
to section 5310 in the table of sections for chapter 53 is
amended by striking ‘‘Financial assistance’’ and inserting
‘‘Formula grant’’.
SEC. 311. RESEARCH, DEVELOPMENT, DEMONSTRATION,
AND TRAINING PROJECTS.
(a) IN GENERAL.—Section 5312 is amended—
(1) in each of subsections (a) and (b) by strik-
ing the first parenthetical phrase; and
(2) by adding at the end the following:
‘‘(d) JOINT PARTNERSHIPS FOR DEPLOYMENT OF
INNOVATION.—
‘‘(1) CONSORTIUM
DEFINED.—In this sub-
section, the term ‘‘consortium’’ means one or more
public or private organizations located in the United
States which provide mass transportation service to
221
the public and one or more businesses, including
small and medium sized businesses, incorporated in
a State, offering goods or services or willing to offer
goods or services to mass transportation operators.
It may include as additional members public or pri-
vate research organizations located in the United
States, or State or local governmental authorities.
‘‘(2) GRANTS
AND
AGREEMENTS.—The Sec-
retary may make grants and enter into contracts,
cooperative agreements, and other agreements with
consortia selected competitively from among public
and private partnerships to promote the early de-
ployment of innovation in mass transportation tech-
nology, services, management, or operational prac-
tices. Any such grant, contract, or agreement shall
provide for the sharing of costs, risks, and rewards
of early deployment of innovation. Such grants, con-
tracts, and agreements shall be subject to such
terms and conditions as the Secretary prescribes.
‘‘(3) 
CONSULTATION
REQUIREMENT.—This
subsection shall be carried out in consultation with
the transit industry.
‘‘(4) COST SHARING.—Any consortium that re-
ceives a grant or enters into a contract or agreement
under this subsection shall provide at least 50 per-
222
cent of the cost of any joint partnership project. Any
business, organization, person, or governmental body
may contribute funds to such project.
‘‘(5) PUBLIC NOTICE.—The Secretary shall pe-
riodically give public notice of—
‘‘(A) the technical areas for which joint
partnerships are solicited under this subsection;
‘‘(B) required qualifications of consortia
desiring to participate in such partnerships;
‘‘(C) the method of selection and evalua-
tion criteria to be used in selecting participating
consortia and projects under this subsection;
and
‘‘(D) the process by which projects will be
awarded under this subsection.
‘‘(6) ACCEPTANCE
OF
REVENUES.—The Sec-
retary may accept a portion of the revenues result-
ing from sales of an innovation supported under this
subsection and deposit any revenues accepted into a
special account of the Treasury of the United States
to be established for purposes of carrying out this
subsection.
‘‘(e) INTERNATIONAL MASS TRANSPORTATION PRO-
GRAM.—
223
‘‘(1) ACTIVITIES.—The Secretary is authorized
to engage in activities to inform the United States
domestic mass transportation community about tech-
nological innovations available in the international
marketplace and activities that may afford domestic
businesses the opportunity to become globally com-
petitive in the export of mass transportation prod-
ucts and services. These activities may include—
‘‘(A) development, monitoring, assessment,
and dissemination domestically of information
about worldwide mass transportation market
opportunities;
‘‘(B) cooperation with foreign public sector
entities in research, development, demonstra-
tion, training, and other forms of technology
transfer and exchange of experts and informa-
tion;
‘‘(C) advocacy, in international mass trans-
portation markets, of firms, products, and serv-
ices available from the United States;
‘‘(D) informing the international market
about the technical quality of mass transpor-
tation products and services through participa-
tion in seminars, expositions, and similar activi-
ties; and
224
‘‘(E) offering those Federal Transit Ad-
ministration technical services which cannot be
readily obtained from the United States private
sector to foreign public authorities planning or
undertaking mass transportation projects if the
cost of these services will be recovered under
the terms of each project.
‘‘(2) COOPERATION.—The Secretary may carry
out activities under this subsection in cooperation
with other Federal agencies, State or local agencies,
public and private nonprofit institutions, government
laboratories, foreign governments, or any other orga-
nization the Secretary determines is appropriate.
‘‘(3) FUNDING.—The funds available to carry
out this subsection shall include funds paid to the
Secretary by any cooperating organization or person
and shall be deposited by the Secretary in a special
account in the Treasury of the United States to be
established for purposes of carrying out this sub-
section. The funds shall be available for promotional
materials, travel, reception, and representation ex-
penses necessary to carry out the activities author-
ized by this subsection. Reimbursement for services
provided under this subsection shall be credited to
the appropriation account concerned.’’.
225
(b) MASS TRANSPORTATION TECHNOLOGY DEVEL-
OPMENT AND DEPLOYMENT.—
(1) GENERAL AUTHORITY.—The Secretary may
make grants and enter into contracts, cooperative
agreements, and other agreements with eligible con-
sortia to promote the development and early deploy-
ment of innovation in mass transportation tech-
nology, services, management, or operational prac-
tices. The Secretary shall coordinate activities under
this section with related activities under programs of
other Federal departments and agencies.
(2) ELIGIBILITY CRITERIA.—To be qualified to
receive funding under this section, an eligible consor-
tium shall—
(A) be organized for the purpose of design-
ing, developing, and deploying advanced mass
transportation technologies that address identi-
fied technological impediments in the mass
transportation field;
(B) have an established mechanism for de-
signing, developing, and deploying advanced
mass transportation technologies as evidenced
by participation in a Federal program such as
the consortia funded pursuant to Public Law
102–396;
226
(C) facilitate the participation in the con-
sortium of small- and medium-sized businesses
in conjunction with large established manufac-
turers, as appropriate;
(D) be designed to use State and Federal
funding to attract private capital in the form of
grants or investments to further the purposes of
this section; and
(E) provide for the sharing of costs, risks,
and rewards of early deployment of innovation
in mass transportation technologies.
(3) 
GRANT
REQUIREMENTS.—Grants, 
con-
tracts, and agreements under paragraph (1) shall be
eligible under and consistent with section 5312 of
title 49, United States Code, and shall be subject to
such terms and conditions as the Secretary pre-
scribes.
(4) FEDERAL SHARE OF COSTS.—The Federal
share of costs for a grant, contract, or agreement
with a consortium under this subsection shall not ex-
ceed 50 percent of the net project cost.
(5) ELIGIBLE
CONSORTIUM
DEFINED.—For
purposes of this section, the term ‘‘eligible consor-
tium’’ means a consortium of—
227
(A) businesses incorporated in the United
States;
(B) public or private educational or re-
search organizations located in the United
States;
(C) entities of State or local governments
in the United States;
(D) Federal laboratories; or
(E) existing consortia funded pursuant to Pub-
lic Law 103–396.
(6) FUNDING.—
(A) SET-ASIDE OF AMOUNTS MADE AVAIL-
ABLE UNDER SECTION 5338(d).—Of the funds
made available by or appropriated under section
5338(d) of title 49, United States Code, for a
fiscal year $5,000,000 shall be available to
carry out this subsection.
(B) SET-ASIDE OF AMOUNTS MADE AVAIL-
ABLE UNDER SECTION 5309(o).—Of the funds
made available to carry out the bus technology
pilot program under section 5309(o) of title 49,
United 
States 
Code, 
for 
a 
fiscal 
year
$5,000,000 shall be available to carry out this
subsection.
(c) ADVANCED TECHNOLOGY PILOT PROJECT.—
228
(1) IN GENERAL.—The Secretary shall make
grants for the development of low speed magnetic
levitation technology for public transportation pur-
poses in urban areas to demonstrate energy effi-
ciency, congestion mitigation, and safety benefits.
(2) FUNDING.—Of the amounts made available
for each of fiscal years 1998 through 2000 by sec-
tion 127(a)(3)(H) of this Act, $5,000,000 per fiscal
year shall be available to carry out this subsection.
(3) FEDERAL SHARE.—The Federal share pay-
able on account of activities carried out using a
grant made under this subsection shall be 80 per-
cent of the cost of such activities.
SEC. 312. NATIONAL TRANSIT INSTITUTE.
(a) IN GENERAL.—Section 5315 is amended—
(1) in the section heading by striking ‘‘mass
transportation’’ and inserting ‘‘transit’’; and
(2) in subsection (a)—
(A) by striking ‘‘mass transportation’’ in
the first sentence and inserting ‘‘transit’’;
(B) by inserting ‘‘and architectural de-
sign’’ before the semicolon at the end of para-
graph (5);
(C) by striking ‘‘carrying out’’ in para-
graph (7) and inserting ‘‘delivering’’;
229
(D) by inserting ‘‘, construction manage-
ment, insurance, and risk management’’ before
the semicolon at the end of paragraph (11);
(E) by striking ‘‘and’’ at the end of para-
graph (13);
(F) by striking the period at the end of
paragraph (14) and inserting ‘‘; and’’; and
(G) by adding at the end the following:
‘‘(15) innovative finance.’’.
(b) CONFORMING AMENDMENT.—The item relating
to section 5315 in the table of sections for chapter 53 is
amended by striking ‘‘mass transportation’’ and inserting
‘‘transit’’.
SEC. 313. UNIVERSITY RESEARCH INSTITUTES.
Section 5316, and the item relating to section 5316
in the table of sections for chapter 53, are repealed.
SEC. 314. TRANSPORTATION CENTERS.
Section 5317, and the item relating to section 5317
in the table of sections for chapter 53, are repealed.
SEC. 315. BUS TESTING FACILITIES.
(a) 
OPERATION
AND
MAINTENANCE.—Section
5318(b) is amended—
(1) by striking ‘‘make a contract with’’ and in-
serting ‘‘enter into a contract or cooperative agree-
ment with, or make a grant to,’’;
230
(2) by inserting ‘‘or organization’’ after ‘‘per-
son’’;
(3) by inserting ‘‘, cooperative agreement, or
grant’’ after ‘‘The contract’’; and
(4) by inserting ‘‘mass transportation’’ after
‘‘and other’’.
(b) AVAILABILITY OF AMOUNTS.—Section 5318(e) is
amended—
(1) by striking ‘‘make a contract with’’ and in-
serting ‘‘enter into a contract or cooperative agree-
ment with, or make a grant to,’’; and
(2) by striking ‘‘5338(j)(5)’’ and inserting
‘‘5312’’.
SEC. 316. BICYCLE FACILITIES.
Section 5319 is amended by striking ‘‘under this sec-
tion is for 90 percent of the cost of the project’’ and insert-
ing ‘‘made eligible by this section is for 90 percent of the
cost of the project; except that, if the grant or any portion
of the grant is made with funds required to be expended
under section 5307(k) and the project involves providing
bicycle access to mass transportation, that grant or por-
tion of that grant shall be at a Federal share of 95 per-
cent’’.
231
SEC. 317. GENERAL PROVISIONS ON ASSISTANCE.
(a) TECHNICAL AMENDMENT.—Section 5323(d) is
amended by striking ‘‘BUYING AND OPERATING BUSES.—
’’ and inserting ‘‘CONDITION ON CHARTER BUS TRANS-
PORTATION SERVICE.—’’.
(b) REQUIRED PAYMENTS AND ELIGIBLE COSTS.—
Section 5323(e) is amended to read as follows:
‘‘(e) REQUIRED PAYMENTS AND ELIGIBLE COSTS OF
PROJECTS THAT ENHANCE ECONOMIC DEVELOPMENT OR
INCORPORATE PRIVATE INVESTMENT.—
‘‘(1) REQUIRED
PAYMENTS.—Each grant or
loan under this chapter for a capital project de-
scribed in section 5302(a)(1)(G) shall require that a
person making an agreement to occupy space in a
facility funded under this chapter pay a reasonable
share of the costs of the facility through rental pay-
ments and other means.
‘‘(2) ELIGIBLE
COSTS.—Eligible costs for a
capital project described in section 5302(a)(1)(G)—
‘‘(A) include property acquisition, demoli-
tion of existing structures, site preparation,
utilities, building foundations, walkways, open
space, and a capital project for, and improving,
equipment or a facility for an intermodal trans-
fer facility or transportation mall; but
232
‘‘(B) do not include construction of a com-
mercial revenue producing facility or a part of
a public facility not related to mass transpor-
tation.’’.
(c) GOVERNMENT’S
SHARE.—Section 5323(i) is
amended to read as follows:
‘‘(i) GOVERNMENT SHARE OF COSTS FOR CERTAIN
PROJECTS.—A grant for a project to be assisted under
this chapter that involves acquiring vehicle-related equip-
ment required by the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) or vehicle-related equip-
ment (including clean fuel or alternative fuel vehicle-relat-
ed equipment) for purposes of complying with or maintain-
ing compliance with the Clean Air Act, is for 90 percent
of the net project cost of such equipment attributable to
compliance with such Acts. The Secretary shall have dis-
cretion to determine, through practicable administrative
procedures, the costs of such equipment attributable to
compliance with such Acts.’’.
(d) BUY AMERICA.—Section 5323(j)(7) is amended
to read as follows:
‘‘(7) OPPORTUNITY TO CORRECT INADVERTENT
ERROR.—The Secretary may allow a manufacturer
or supplier of steel, iron, or manufactured goods to
correct after bid opening any certification made
233
under this subsection if the Secretary is satisfied
that the manufacturer or supplier submitted an in-
correct certification as a result of an inadvertent or
clerical error.’’.
(e) PARTICIPATION OF GOVERNMENTAL AGENCIES
IN DESIGN AND DELIVERY OF TRANSPORTATION SERV-
ICES.—Section 5323 is amended by redesignating sub-
sections (k) and (l) as subsections (l) and (m) and by in-
serting after subsection (j) the following:
‘‘(k) PARTICIPATION OF GOVERNMENTAL AGENCIES
IN DESIGN AND DELIVERY OF TRANSPORTATION SERV-
ICES.—To the extent feasible, governmental agencies and
nonprofit organizations that receive assistance from Gov-
ernment sources (other than the Department of Transpor-
tation) for nonemergency transportation services shall
participate and coordinate with recipients of assistance
under this chapter in the design and delivery of transpor-
tation services and shall be included in the planning for
such services.’’.
(f) SUBMISSION OF CERTIFICATIONS.—Section 5323
is further amended by adding at the end the following:
‘‘(n) SUBMISSION OF CERTIFICATIONS.—
‘‘(1) IN
GENERAL.—A certification required
under this chapter and any additional certification
or assurance required by law or regulation to be sub-
234
mitted to the Secretary may be consolidated into a
single document to be submitted annually as part of
a grant application under this chapter. The Sec-
retary shall publish annually a list of all certifi-
cations required under this chapter with the publica-
tion required under section 5336(e)(2).
‘‘(2) APPLICABILITY OF FALSE CLAIMS ACT.—
Section 1001 of title 18 applies to a certificate or
submission under this chapter. The Secretary may
end a grant under this chapter and seek reimburse-
ment, directly by offsetting amounts available under
section 5336, when a false or fraudulent statement
or related act within the meaning of such section
1001 is made in connection with a certification or
submission under this chapter.’’.
SEC. 318. CONTRACT REQUIREMENTS.
Section 5325 is amended—
(1) by striking subsections (b) and (c);
(2) by redesignating subsection (d) as sub-
section (b); and
(3) by adding at the end the following:
‘‘(c) EFFICIENT PROCUREMENT.—A recipient may
award a procurement contract under this chapter to other
than the lowest bidder when the award furthers an objec-
tive consistent with the purposes of this chapter, including
235
improved long-term operating efficiency and lower long-
term costs.’’.
SEC. 319. SPECIAL PROCUREMENTS.
(a) TURNKEY SYSTEM PROJECTS.—Section 5326(a)
is amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) TURNKEY SYSTEM PROJECT DEFINED.—In
this subsection, the term ‘turnkey system project’
means a project under which a recipient enters into
a contract with a seller, firm, or consortium of firms
to design and build a mass transportation system or
an operable segment thereof that meets specific per-
formance criteria. Such project may also include an
option to finance, or operate for a period of time,
the system or segment or any combination of design-
ing, building, operating, or maintaining such system
or segment.’’;
(2) in paragraph (2)—
(A) by inserting ‘‘SELECTION OF TURNKEY
PROJECTS.—’’ after ‘‘(2)’’; and
(B) by inserting ‘‘or an operable segment
of a mass transportation system’’ after ‘‘trans-
portation system’’;
236
(3) in paragraph (3) by inserting ‘‘DEM-
ONSTRATIONS.—’’ after ‘‘(3)’’;
(4) by aligning paragraphs (2) and (3) with
paragraph (1) of such section, as amended by para-
graph (1) of this section.
(b) TECHNICAL
AMENDMENT.—Section 5326 is
amended by striking subsection (c) and inserting the fol-
lowing:
‘‘(c) ACQUIRING ROLLING STOCK.—A recipient of fi-
nancial assistance of the United States Government under
this chapter may make a contract to expend that assist-
ance to acquire rolling stock—
‘‘(1) based on—
‘‘(A) initial capital costs; or
‘‘(B) performance, standardization, life
cycle costs, and other factors; or
‘‘(2) with a party selected through a competi-
tive procurement process.
‘‘(d) PROCURING ASSOCIATED CAPITAL MAINTE-
NANCE ITEMS.—A recipient of a grant under section 5307
of this title procuring an associated capital maintenance
item under section 5307(b) may make a contract directly
with the original manufacturer or supplier of the item to
be replaced, without receiving prior approval of the Sec-
237
retary, if the recipient first certifies in writing to the Sec-
retary that—
‘‘(1) the manufacturer or supplier is the only
source for the item; and
‘‘(2) the price of the item is no more than the
price similar customers pay for the item.’’.
(c) CONFORMING AMENDMENT.—Section 5334(b)(4)
is amended by striking ‘‘5323(a)(2), (c) and (e), 5324(c),
and 5325 of this title’’ and inserting ‘‘5323(a)(2),
5323(c), 5323(e), 5324(c), 5325(a), 5325(b), 5326(c),
and 5326(d)’’.
SEC. 320. PROJECT MANAGEMENT OVERSIGHT.
Section 5327(c)(2) is amended—
(1) by striking ‘‘make contracts’’ and inserting
‘‘enter into contracts’’; and
(2) by inserting before the period at the end of
the first sentence the following: ‘‘and to provide
technical assistance to correct deficiencies identified
in compliance reviews and audits carried out under
this section’’.
SEC. 321. STUDY ON ALCOHOL AND CONTROLLED SUB-
STANCES RANDOM TESTING RATE CALCULA-
TION.
(a) STUDY.—The Secretary shall conduct a study to
determine how the alcohol and controlled substances ran-
238
dom testing rate under section 5331 of title 49, United
States Code, should be calculated.
(b) CONSIDERATIONS.—In conducting the study
under this section, the Secretary shall consider—
(1) the differences in random testing results
among employers subject to section 5331 of title 49,
United States Code;
(2) the differences in random testing results
among employers subject to such section in areas
with populations of at least 200,000, in areas with
populations less than 200,000, and in other than ur-
banized areas;
(3) the deterrent effect of random testing; and
(4) the effect of random testing on public safe-
ty.
(c) REPORT.—Not later than December 31, 1999, the
Secretary shall transmit to Congress a report on the re-
sults of the study conducted under this section, together
with any proposed changes to the calculation of the ran-
dom alcohol and controlled substances testing rate.
SEC. 322. ADMINISTRATIVE PROCEDURES.
(a) TRAINING AND CONFERENCE COSTS.—Section
5334(a) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(8);
239
(2) by striking the period at the end of para-
graph (9) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(10) collect fees to cover the costs of training
or conferences, including costs of promotional mate-
rials, sponsored by the Federal Transit Administra-
tion to promote mass transportation and credit
amounts collected to the appropriation concerned.’’.
(b) FLEXIBILITY FOR AREAS WITH POPULATIONS
UNDER 200,000.—Section 5334(i) is amended to read as
follows:
‘‘(i) FLEXIBILITY FOR AREAS WITH POPULATIONS
UNDER 200,000.—Not later than 180 days after the date
of the enactment of the Building Efficient Surface Trans-
portation and Equity Act of 1997, the Secretary shall seek
public comment on ways to simplify and streamline the
administration of the formula program for urbanized
areas with populations of less than 200,000 and shall
make, to the extent feasible and consistent with statutory
requirements, every effort to ease any administrative bur-
dens thereby identified.’’.
(c) TECHNICAL AMENDMENTS.—
(1) SECTION HEADING.—The heading for sec-
tion 5334 is amended by inserting ‘‘provisions’’
after ‘‘Administrative’’.
240
(2) TABLE OF SECTIONS.—The item relating to
section 5334 in the table of sections for chapter 53
is amended by inserting ‘‘provisions’’ after ‘‘Admin-
istrative’’.
SEC. 323. REPORTS AND AUDITS.
(a) 
NATIONAL
TRANSIT
DATABASE.—Section
5335(a) is amended—
(1) by striking ‘‘REPORTING SYSTEM AND UNI-
FORM SYSTEM OF ACCOUNTS AND RECORDS’’ and
inserting ‘‘NATIONAL TRANSIT DATABASE’’; and
(2) in paragraph (1)—
(A) by striking ‘‘by uniform categories,’’
and inserting ‘‘using uniform categories’’; and
(B) by striking ‘‘and a uniform system of
accounts and records’’ and inserting ‘‘and using
a uniform system of accounts’’.
(b) REPORTS.—Section 5335 is further amended—
(1) by striking subsections (b) and (c);
(2) by redesignating subsection (d) as sub-
section (b); and
(3) in such redesignated subsection by striking
‘‘Public Works and Transportation’’ and inserting
‘‘Transportation and Infrastructure’’.
241
SEC. 324. APPORTIONMENT OF APPROPRIATIONS FOR FOR-
MULA GRANTS.
Section 5336 is amended—
(1) in the section heading by striking ‘‘block
grants’’ and inserting ‘‘formula grants’’; and
(2) by striking subsection (d) and inserting the
following:
‘‘(d) LIMITATION ON OPERATING ASSISTANCE AND
PREVENTIVE MAINTENANCE.—Of the funds apportioned
under this section for urbanized areas, such sums as may
be necessary shall be available for operating assistance for
urbanized areas with populations under 200,000, except
that the total amount of such funds made available for
such operating assistance and for preventive maintenance
activities for urbanized areas that become eligible for cap-
ital assistance under section 5307 on the date of the en-
actment of the Building Efficient Surface Transportation
and Equity Act of 1997 may not exceed $400,000,000 for
any fiscal year.’’.
SEC. 325. APPORTIONMENT OF APPROPRIATIONS FOR
FIXED GUIDEWAY MODERNIZATION.
(a) DISTRIBUTION.—Section 5337(a) is amended to
read as follows:
‘‘(a) DISTRIBUTION.—The Secretary of Transpor-
tation shall apportion amounts made available for fixed
242
guideway modernization under section 5309 for each of
fiscal years 1998, 1999, and 2000, as follows:
‘‘(1) The first $497,700,000 shall be appor-
tioned in the following urbanized areas as follows:
‘‘(A) Baltimore, $8,372,000.
‘‘(B) Boston, $38,948,000.
‘‘(C) 
Chicago/Northwestern 
Indiana,
$78,169,000.
‘‘(D) Cleveland, $9,509,500.
‘‘(E) New Orleans, $1,730,588.
‘‘(F) New York, $176,034,461.
‘‘(G) 
Northeastern 
New 
Jersey,
$50,604,653.
‘‘(H) Philadelphia/Southern New Jersey,
$58,924,764.
‘‘(I) Pittsburgh, $13,662,463.
‘‘(J) San Francisco, $33,989,571.
‘‘(K) 
Southwestern 
Connecticut,
$27,755,000.
‘‘(2) The next $74,849,950 shall be apportioned
as follows:
‘‘(A) $4,849,950 to the Alaska Railroad
for improvements to its passenger operations.
‘‘(B) Of the remaining $70,000,000—
243
‘‘(i) 50 percent in the urbanized areas
listed in paragraph (1) as provided in sec-
tion 5336(b)(2)(A); and
‘‘(ii) 50 percent in other urbanized
areas eligible for assistance under section
5336(b)(2)(A) to which amounts were ap-
portioned under this section for fiscal year
1997, as provided in section 5336(b)(2)(A)
and subsection (e) of this section.
‘‘(3) The next $5,700,000 shall be apportioned
in the following urbanized areas as follows:
‘‘(A) Pittsburgh, 61.76 percent.
‘‘(B) Cleveland, 10.73 percent.
‘‘(C) New Orleans, 5.79 percent.
‘‘(D) 21.72 percent in urbanized areas to
which paragraph (2)(B)(ii) applies, as provided
in section 5336(b)(2)(A) and subsection (e) of
this section.
‘‘(4) The next $186,600,000 shall be appor-
tioned in each urbanized area to which paragraph
(1) applies and in each urbanized area to which
paragraph (2)(B) applies, as provided in section
5336(b)(2)(A) and subsection (e) of this section.
‘‘(5) The next $140,000,000 shall be appor-
tioned as follows:
244
‘‘(A) 65 percent in the urbanized areas
listed in paragraph (1) as provided in section
5336(b)(2)(A) and subsection (e) of this sec-
tion.
‘‘(B) 35 percent to other urbanized areas
eligible 
for 
assistance 
under 
section
5336(b)(2)(A) of this title if the areas contain
fixed guideway systems placed in revenue serv-
ice at least 7 years before the fiscal year in
which amounts are made available and in any
urbanized area if, before the first day of the fis-
cal year, the area satisfies the Secretary that
the area has modernization needs that cannot
adequately be met with amounts received under
section 5336(b)(2)(A), as provided in section
5336(b)(2)(A) and subsection (e) of this sec-
tion.
‘‘(6) The next $100,000,000 shall be appor-
tioned as follows:
‘‘(A) 60 percent in the urbanized areas
listed in paragraph (1) as provided in section
5336(b)(2)(A) and subsection (e) of this sec-
tion.
‘‘(B) 40 percent to urbanized areas to
which paragraph (5)(B) applies, as provided in
245
section 5336(b)(2)(A) and subsection (e) of this
section.
‘‘(7) Remaining amounts shall be apportioned
as follows:
‘‘(A) 50 percent in the urbanized areas
listed in paragraph (1) as provided in section
5336(b)(2)(A) and subsection (e) of this sec-
tion.
‘‘(B) 50 percent to urbanized areas to
which paragraph (5)(B) applies, as provided in
section 5336(b)(2)(A) and subsection (e) of this
section.’’.
(b) ROUTE SEGMENTS TO BE INCLUDED IN APPOR-
TIONMENT FORMULAS.—Section 5337 is further amended
by adding at the end the following:
‘‘(e) ROUTE SEGMENTS TO BE INCLUDED IN APPOR-
TIONMENT FORMULAS.—(1) Amounts apportioned under
paragraphs (2)(B), (3), and (4) of subsection (a) shall
have attributable to each urbanized area only the number
of fixed guideway revenue miles of service and number of
fixed guideway route miles for segments of fixed guideway
systems used to determine apportionments for fiscal year
1997.
‘‘(2) Amounts apportioned under paragraphs (5)
through (7) of subsection (a) shall have attributable to
246
each urbanized area only the number of fixed guideway
revenue miles of service and number of fixed guideway
route-miles for segments of fixed guideway systems placed
in revenue service at least 7 years before the fiscal year
in which amounts are made available.’’.
SEC. 326. AUTHORIZATIONS.
(a) IN GENERAL.—Section 5338 is amended to read
as follows:
‘‘§ 5338. Authorizations
‘‘(a) FORMULA GRANTS.—
‘‘(1) FROM THE TRUST FUND.—There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5307,
5310, and 5311—
‘‘(A) $2,698,000,000 for fiscal year 1998;
‘‘(B) $3,213,000,000 for fiscal year 1999;
and
‘‘(C) $3,553,000,000 for fiscal year 2000.
‘‘(2) FROM THE GENERAL FUND.—In addition
to amounts made available under paragraph (1),
there are authorized to be appropriated to carry out
sections 5307 and 5311—
‘‘(A) $290,000,000 for fiscal year 1998;
and
‘‘(B) $68,000,000 for fiscal year 1999.
247
‘‘(3) ALLOCATION OF FUNDS.—Of the aggre-
gate of amounts made available by and appropriated
under this subsection for a fiscal year—
‘‘(A) 2.4 percent shall be available to pro-
vide transportation services to elderly individ-
uals and individuals with disabilities under sec-
tion 5310;
‘‘(B) 5.37 percent shall be available to pro-
vide financial assistance for other than urban-
ized areas under section 5311; and
‘‘(C) 92.23 percent shall be available to
provide financial assistance for urbanized areas
under section 5307.
‘‘(b) CAPITAL PROGRAM GRANTS
AND LOANS.—
There shall be available from the Mass Transit Account
of the Highway Trust Fund to carry out section 5309:
‘‘(1) $2,197,000,000 for fiscal year 1998.
‘‘(2) $2,412,000,000 for fiscal year 1999.
‘‘(3) $2,613,000,000 for fiscal year 2000.
‘‘(c) PLANNING.—
‘‘(1) FROM THE TRUST FUND.—There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5303,
5304, 5305, and 5313(b) $54,000,000 for fiscal
year 2000.
248
‘‘(2) FROM THE GENERAL FUND.—There are
authorized to be appropriated to carry out sections
5303, 5304, 5305, and 5313(b)—
‘‘(A) $48,000,000 for fiscal year 1998; and
‘‘(B) $52,000,000 for fiscal year 1999.
‘‘(3) ALLOCATION
OF
FUNDS.—Of the funds
made available by or appropriated under this sub-
section for a fiscal year—
‘‘(A) 82.72 percent shall be available for
metropolitan planning under sections 5303,
5304, and 5305; and
‘‘(B) 17.28 percent shall be available for
State planning under section 5313(b).
‘‘(d) RESEARCH.—
‘‘(1) FROM THE TRUST FUND.—There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections
5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322
$38,000,000 for fiscal year 2000.
‘‘(2) FROM THE GENERAL FUND.—There are
authorized to be appropriated to carry out sections
5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322
$38,000,000 per fiscal year for fiscal years 1998
and 1999.
249
‘‘(3) ALLOCATION
OF
FUNDS.—Of the funds
made available by or appropriated under this sub-
section for a fiscal year—
‘‘(A) not less than $5,250,000 shall be
available for providing rural transportation as-
sistance under section 5311(b)(2);
‘‘(B) not less than $8,250,000 shall be
available for carrying out transit cooperative re-
search programs under section 5313(a);
‘‘(C) not less than $3,000,000 shall be
available to carry out programs under the Na-
tional Transit Institute under section 5315; and
‘‘(D) the remainder shall be available for
carrying out national planning and research
programs under sections 5311(b)(2), 5312,
5313(a), 5314, and 5322.
‘‘(e) UNIVERSITY TRANSPORTATION RESEARCH.—
‘‘(1) FROM THE TRUST FUND.—There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out section 5505
$6,000,000 for fiscal year 2000.
‘‘(2) FROM THE GENERAL FUND.—There is au-
thorized to be appropriated to carry out section
5505 $6,000,000 per fiscal year for fiscal years
1998 and 1999.
250
‘‘(f) ADMINISTRATION.—
‘‘(1) FROM THE TRUST FUND.—There shall be
available from the Mass Transit Account of the
Highway Trust Fund for administrative expenses to
carry out section 5334 $52,000,000 for fiscal year
2000.
‘‘(2) FROM THE GENERAL FUND.—There is au-
thorized to be appropriated for administrative ex-
penses to carry out section 5334—
‘‘(A) $46,000,000 for fiscal year 1998; and
‘‘(B) $50,000,000 for fiscal year 1999.
‘‘(g) GRANTS AS CONTRACTUAL OBLIGATIONS.—
‘‘(1) GRANTS FINANCED FROM THE HIGHWAY
TRUST FUND.—A grant or contract approved by the
Secretary, that is financed with amounts made avail-
able under subsection (a)(1), (b), (c)(1), (d)(1), or
(e)(1), is a contractual obligation of the United
States Government to pay the Government’s share
of the cost of the project.
‘‘(2) 
GRANTS
FINANCED
FROM
GENERAL
FUNDS.—A grant or contract, approved by the Sec-
retary, that is financed with amounts made available
under subsection (a)(2), (c)(2), (d)(2), or (e)(2), is
a contractual obligation of the Government to pay
the Government’s share of the cost of the project
251
only to the extent amounts are provided in advance
in an appropriations law.
‘‘(h) AVAILABILITY OF AMOUNTS.—Amounts made
available by or appropriated under subsections (a) through
(e) shall remain available until expended.’’.
(b) CONFORMING AMENDMENTS.—Chapter 53 is
amended as follows:
(1) In sections 5303(h)(1), 5303(h)(2)(A), and
5303(h)(3)(A) by striking ‘‘5338(g)(1)’’ and insert-
ing ‘‘5338(c)(3)(A)’’.
(2) In section 5303(h)(1) by striking ‘‘–5306’’
and inserting ‘‘and 5305’’.
(3) In section 5303(h)(4) by striking ‘‘5338(g)’’
and inserting ‘‘5338(c)(3)(A)’’.
(4) In section 5309(g)(4) by striking ‘‘5338(a)’’
and inserting ‘‘5338(b)’’.
(5) In section 5310(b) by striking ‘‘5338(a)’’
and inserting ‘‘5338(a)(3)(A)’’.
(6) In section 5311(c) by striking ‘‘5338(a)’’
and inserting ‘‘5338(a)(3)(B)’’.
(7) In section 5313(a)(1) by striking ‘‘section
5338(g)(3)’’ and inserting ‘‘sections 5338(d)(3)(B)
and 5338(d)(3)(D)’’.
(8) 
In 
section 
5313(b)(1) 
by 
striking
‘‘5338(g)(3)’’ and inserting ‘‘5338(c)(3)(B)’’.
253
of law, the total of all obligations from amounts made
available from the Mass Transit Account of the Highway
Trust Fund by subsections (a), (c), (d), (e), and (f) of
section 5338 of title 49, United States Code, shall not ex-
ceed—
(1) $2,698,000,000 in fiscal year 1998;
(2) $3,213,000,000 in fiscal year 1999; and
(3) $3,703,000,000 in fiscal year 2000.
SEC. 328. ACCESS TO JOBS CHALLENGE GRANT PILOT PRO-
GRAM.
(a) GENERAL
AUTHORITY.—The Secretary may
make grants under this section to assist States, local gov-
ernmental authorities, and nonprofit organizations in fi-
nancing transportation services designed to transport wel-
fare recipients to and from jobs and activities related to
their employment. The Secretary shall coordinate activi-
ties under this section with related activities under pro-
grams of other Federal departments and agencies.
(b) GRANT CRITERIA.—In selecting applicants for
grants under this section, the Secretary shall consider the
following:
(1) The percentage of the population in the
area to be served that are welfare recipients.
(2) The need for additional services to trans-
port welfare recipients to and from specified jobs,
254
training, and other employment support services,
and the extent to which the proposed services will
address those needs.
(3) The extent to which the applicant dem-
onstrates coordination with, and the financial com-
mitment of, existing transportation service providers.
(4) The extent to which the applicant dem-
onstrates maximum utilization of existing transpor-
tation service providers and expands existing transit
networks or hours of service or both.
(5) The extent to which the applicant dem-
onstrates an innovative approach that is responsive
to identified service needs.
(6) The extent to which the applicant presents
a comprehensive approach to addressing the needs of
welfare recipients and identifies long-term financing
strategies to support the services under this section.
(c) ELIGIBLE PROJECTS.—The Secretary may make
grants under this section for—
(1) capital projects and to finance operating
costs of equipment, facilities, and associated capital
maintenance items related to providing access to
jobs under this section;
(2) promoting the use of transit by workers
with nontraditional work schedules;
255
(3) promoting the use by appropriate agencies
of transit vouchers for welfare recipients under spe-
cific terms and conditions developed by the Sec-
retary; and
(4) promoting the use of employer-provided
transportation including the transit pass benefit pro-
gram under subsections (a) and (f) of section 132 of
title 26, United States Code.
No planning or coordination activities are eligible for as-
sistance under this section.
(d) COMPETITIVE GRANT SELECTION.—The Sec-
retary shall conduct a national solicitation for applications
for grants under this section. Grantees shall be selected
on a competitive basis. The Secretary shall select not more
than 10 demonstration projects for the pilot program, in-
cluding 6 projects from urbanized areas with populations
of at least 200,000, 2 projects from urbanized areas with
populations less than 200,000, and 2 projects from other
than urbanized areas.
(e) FEDERAL SHARE OF COSTS.—The Federal share
of costs under this section shall be provided from funds
appropriated to carry out this section. The Federal share
of the costs for a project under this section shall not ex-
ceed 50 percent of the net project cost. The remainder
shall be provided in cash from sources other than revenues
256
from providing mass transportation. Funds appropriated
to a Federal department or agency (other than the De-
partment of Transportation) and eligible to be used for
transportation may be used toward the nongovernment
share payable on a project under this section.
(f) PLANNING REQUIREMENTS.—The requirements
of sections 5303 through 5306 of title 49, United States
Code, apply to grants made under this section. Applica-
tions must reflect coordination with and the approval of
affected transit grant recipients and the projects financed
must be part of a coordinated public transit-human serv-
ices transportation planning process.
(g) GRANT REQUIREMENTS.—A grant under this sec-
tion shall be subject to all of the terms and conditions
of grants made under section 5307 of title 49, United
States Code, and such terms and conditions as determined
by the Secretary.
(h) PROGRAM EVALUATION.—
(1) COMPTROLLER
GENERAL.—Six months
after the date of the enactment of this Act and each
6 months thereafter, the Comptroller General shall
conduct a study to evaluate the access to jobs pro-
gram conducted under this section and transmit to
the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee
257
on Banking, Housing, and Urban Affairs of the Sen-
ate the results of the study.
(2) DEPARTMENT OF TRANSPORTATION.—The
Secretary shall conduct a study to evaluate the ac-
cess to jobs program conducted under this section
and transmit to the Committee on Transportation
and Infrastructure of the House of Representatives
and the Committee on Banking, Housing, and
Urban Affairs of the Senate the results of the study
within 2 years of the date of the enactment of this
Act.
(i) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) 
CAPITAL
PROJECT
AND
URBANIZED
AREA.—The terms ‘‘capital project’’ and ‘‘urbanized
area’’ have the meaning such terms have under sec-
tion 5302 of title 49, United States Code.
(2) EXISTING TRANSPORTATION SERVICE PRO-
VIDERS.—The term ‘‘existing transportation service
providers’’ means mass transportation operators and
governmental agencies and nonprofit organizations
that receive assistance from Federal, State, or local
sources for nonemergency transportation services.
(3) WELFARE RECIPIENT.—The term ‘‘welfare
recipient’’ means an individual who receives or re-
258
ceived aid or assistance under a State program fund-
ed under part A of title IV of the Social Security
Act (whether in effect before or after the effective
date of the amendments made by title I of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996) at any time during the 3-
year period ending on the date the applicant applies
for a grant under this section.
(j) FUNDING.—There is authorized to be appro-
priated to carry out this section $42,000,000 per fiscal
year for fiscal years 1998, 1999, and 2000. Such sums
shall remain available until expended.
SEC. 329. SENSE OF THE COMMITTEE REGARDING THE
MASS TRANSIT ACCOUNT.
It is the sense of the Committee on Transportation
and Infrastructure of the House of Representatives that
the limitation on the Mass Transit Account of the High-
way Trust Fund under section 9503(e)(4) of the Internal
Revenue Code of 1986 with regard to the mass transit
portion of receipts should be 24 months.
SEC. 330. PROJECT MANAGEMENT OVERSIGHT.
(a) STUDY.—The Comptroller General shall conduct
a study of the Secretary of Transportation’s implementa-
tion of project management oversight under section 5327
of title 49, United States Code.
259
(b) CONTENTS.—The study shall include the follow-
ing:
(1) A listing of the amounts made available
under section 5327(c)(1) of title 49, United States
Code, for project management oversight in each of
fiscal years 1992 through 1997 and a description of
the activities funded using such amounts.
(2) A description of the major capital projects
subject to project management oversight, including
the grant amounts for such projects.
(3) A description of the contracts entered into
for project management oversight, including the
scope of work and dollar amounts of such contracts.
(4) A determination of whether the project
management oversight activities conducted by the
Secretary are authorized under section 5327.
(5) A description of any cost savings or pro-
gram improvements resulting from project manage-
ment oversight.
(6) Recommendations regarding any changes
that would improve the project management over-
sight function.
(c) REPORT.—Not later than 12 months after the
date of the enactment of this Act, the Comptroller General
shall transmit to the Committee on Transportation and
260
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of
the Senate a report containing the results of the study.
SEC. 331. PRIVATIZATION.
(a) STUDY.—Not later than 3 months after the date
of the enactment of this Act, the Secretary shall enter into
an agreement with the Transportation Research Board of
the National Academy of Sciences to conduct a study of
the effect of privatization or contracting out mass trans-
portation operation and administrative functions on cost,
availability and level of service, efficiency, safety, quality
of services provided to transit-dependent populations, and
employer-employee relations.
(b) TERMS OF AGREEMENT.—The agreement entered
into in subsection (a) shall provide that—
(1) the Transportation Research Board, in con-
ducting the study, consider the number of grant re-
cipients that have privatized or contracted out serv-
ices, the size of the population served by such grant
recipients, the basis for decisions regarding privat-
ization or contracting out, and the extent to which
contracting out was affected by the integration and
coordination of resources of transit agencies and
other Federal agencies and programs; and
261
(2) the panel conducting the study shall include
representatives of transit agencies, employees of
transit agencies, private contractors, academic and
policy analysts, and other interested persons.
(c) REPORT.—Not later than 24 months after the
date of entry into the agreement under subsection (a), the
Secretary shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives
and the Committee on Banking, Housing, and Urban Af-
fairs of the Senate a report containing the results of the
study.
SEC. 332. SCHOOL TRANSPORTATION SAFETY.
(a) STUDY.—Not later than 3 months after the date
of the enactment of this Act, the Secretary shall enter into
an agreement with the Transportation Research Board of
the National Academy of Sciences to conduct a study of
the safety issues attendant to transportation of school chil-
dren to and from school and school-related activities by
various transportation modes.
(b) TERMS OF AGREEMENT.—The agreement entered
into in subsection (a) shall provide that—
(1) the Transportation Research Board, in con-
ducting the study, consider—
(A) in consultation with the National
Transportation Safety Board, the Bureau of
262
Transportation Statistics, and other relevant
entities, available crash injury data, and if un-
available or insufficient, recommend a new data
collection regimen and implementation guide-
lines; and
(B) vehicle design and driver training re-
quirements, routing, and operational factors
that affect safety and other factors that the
Secretary considers appropriate; and
(2) the panel conducting the study shall include
representatives of highway safety organizations,
school transportation, mass transportation opera-
tors, employee organizations, academic and policy
analysts, and other interested parties.
(c) REPORT.—Not later than 12 months after the
date of entry into the agreement under subsection (a), the
Secretary shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives
and the Committee on Banking, Housing, and Urban Af-
fairs of the Senate a report containing the results of the
study.
SEC. 333. URBANIZED AREA FORMULA STUDY.
(a) STUDY.—The Secretary shall conduct a study to
determine whether the current formula for apportioning
funds to urbanized areas accurately reflects the transit
263
needs of the urbanized areas and if not whether any
changes should be made either to the formula or through
some other mechanism to reflect the fact that some urban-
ized areas with a population between 50,000 and 200,000
have transit systems that carry more passengers per mile
or hour than the average of those transit systems in ur-
banized areas with a population over 200,000.
(b) REPORT.—Not later than December 31, 1999,
the Secretary shall transmit to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Banking, Housing, and Urban
Affairs of the Senate a report on the results of the study
conducted under this section together with any proposed
changes to the method for apportioning funds to urbanized
areas with a population over 50,000.
SEC. 334. COORDINATED TRANSPORTATION SERVICES.
(a) STUDY.—The Comptroller General shall conduct
a study of Federal departments and agencies (other than
the Department of Transportation) that receive Federal
financial assistance for non-emergency transportation
services.
(b) CONTENTS.—In conducting the study, the Comp-
troller General shall—
(1) identify each Federal department and agen-
cy (other than the Department of Transportation)
264
that has received Federal financial assistance for
non-emergency transportation services in any of the
3 fiscal years preceding the date of the enactment
of this Act;
(2) identify the amount of such assistance re-
ceived by each Federal department and agency in
such fiscal years; and
(3) identify the projects and activities funded
using such financial assistance.
(c) REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Comptroller General shall
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Banking, Housing, and Urban Affairs of the
Senate a report containing the results of the study and
any recommendations for enhanced coordination between
the Department of Transportation and other Federal de-
partments and agencies that provide funding for non-
emergency transportation.
TITLE IV—MOTOR CARRIER
SAFETY
SEC. 401. AMENDMENTS TO TITLE 49, UNITED STATES
CODE.
Except as otherwise specifically provided, whenever in
this title an amendment or repeal is expressed in terms
265
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 49, United States
Code.
SEC. 402. STATE GRANTS.
(a) OBJECTIVE AND DEFINITIONS.—Section 31101
is amended—
(1) by striking
‘‘§ 31101. Definitions’’
and inserting the following:
‘‘§ 31101. Objective and definitions’’;
(2) in paragraph (1)(A)—
(A) by inserting ‘‘or gross vehicle weight’’
after ‘‘rating’’; and
(B) by striking ‘‘10,000 pounds’’ and in-
serting ‘‘10,001 pounds, whichever is greater’’;
(3) in paragraph (1)(C) by inserting ‘‘and
transported in a quantity requiring placarding under
regulations prescribed by the Secretary under sec-
tion 5103’’ after ‘‘title’’;
(4) by striking ‘‘In this subchapter—’’ and in-
serting the following:
‘‘(b) DEFINITIONS.—In this subchapter the following
definitions apply:’’; and
266
(5) by inserting after the section heading the
following:
‘‘(a) OBJECTIVE.—The objective of this subchapter
is to ensure that the Secretary, States, and other political
jurisdictions establish programs to improve motor carrier,
commercial motor vehicle, and driver safety to support a
safe and efficient transportation system by—
‘‘(1) promoting safe for-hire and private trans-
portation, including transportation of passengers
and hazardous materials, to reduce the number and
severity of commercial motor vehicle crashes;
‘‘(2) developing and enforcing effective, compat-
ible, and cost-beneficial motor carrier, commercial
motor vehicle, and driver safety regulations and
practices, including enforcement of State and local
traffic safety laws and regulations;
‘‘(3) assessing and improving statewide pro-
gram performance by setting program outcome
goals, improving problem identification and counter-
measures planning, designing appropriate perform-
ance standards, measures, and benchmarks, improv-
ing performance information, and monitoring pro-
gram effectiveness;
‘‘(4) ensuring that drivers of commercial motor
vehicles and enforcement personnel obtain adequate
267
training in safe operational practices and regulatory
requirements; and
‘‘(5) advancing promising technologies and en-
couraging adoption of safe operational practices.’’.
(b) PERFORMANCE-BASED GRANTS AND HAZARDOUS
MATERIALS TRANSPORTATION SAFETY.—Section 31102
is amended—
(1) in subsection (a)—
(A) by inserting ‘‘improving motor carrier
safety and’’ after ‘‘programs for’’; and
(B) by inserting ‘‘, hazardous materials
transportation safety,’’ after ‘‘commercial motor
vehicle safety’’; and
(2) in the first sentence of paragraph (b)(1)—
(A) by striking ‘‘adopt and assume respon-
sibility for enforcing’’ and inserting ‘‘assume re-
sponsibility for improving motor carrier safety
and to adopt and enforce’’; and
(B) by inserting ‘‘, hazardous materials
transportation safety,’’ after ‘‘commercial motor
vehicle safety’’.
(c) 
CONTENTS
OF
STATE
PLANS.—Section
31102(b)(1) is amended—
(1) in subparagraph (J) by inserting ‘‘(1)’’
after ‘‘(c)’’;
268
(2) by striking subparagraphs (K), (L), (M),
and (N) and inserting the following:
‘‘(K) ensures consistent, effective, and rea-
sonable sanctions;
‘‘(L) ensures that the State agency will co-
ordinate the plan, data collection, and informa-
tion systems with State highway safety pro-
grams under title 23;
‘‘(M) ensures participation in motor car-
rier, commercial motor vehicle, and driver infor-
mation systems by all appropriate jurisdictions
receiving funding under this section;
‘‘(N) implements performance-based activi-
ties by fiscal year 2003;’’;
(3) in subparagraph (O)—
(A) by inserting after ‘‘activities’’ the fol-
lowing: ‘‘in support of national priorities and
performance goals, including’’;
(B) by striking ‘‘to remove’’ in clause (i)
and inserting ‘‘activities aimed at removing’’;
(C) by striking ‘‘to provide’’ in clause (ii)
and inserting ‘‘activities aimed at providing’’;
and
(D) by inserting ‘‘and’’ after the semicolon
at the end of clause (ii); and
269
(E) by striking clauses (iii) and (iv) and
inserting the following:
‘‘(iii) interdiction activities affecting
the transportation of controlled substances
by commercial motor vehicle drivers and
training on appropriate strategies for car-
rying out those interdiction activities;’’;
(4) by striking subparagraph (P) and inserting
the following:
‘‘(P) provides that the State will establish
a program to ensure the proper and timely cor-
rection of commercial motor vehicle safety viola-
tions noted during an inspection carried out
with funds authorized under section 31104;’’;
(5) by striking the period at the end of sub-
paragraph (Q) and inserting ‘‘; and’’; and
(6) by adding at the end the following:
‘‘(R) ensures that roadside inspections will
be conducted only at a distance that is adequate
to protect the safety of drivers and enforcement
personnel.’’.
(d) UNITED STATES GOVERNMENT’S SHARE
OF
COSTS.—The first sentence of section 31103 is amended
by inserting ‘‘improve commercial motor vehicle safety
and’’ before ‘‘enforce’’.
270
(e) AVAILABILITY OF AMOUNTS.—Section 31104(a)
of such title is amended to read as follows:
‘‘(a) IN GENERAL.—The following amounts are made
available from the Highway Trust Fund (other than the
Mass Transit Account) for the Secretary of Transpor-
tation to incur obligations to carry out section 31102:
‘‘(1) Not more than $78,000,000 for fiscal year
1998.
‘‘(2) Not more than $110,000,000 for fiscal
year 1999.
‘‘(3) Not more than $130,000,000 for fiscal
year 2000.’’
(f) CONFORMING AMENDMENT.—Section 31104(b) is
amended by striking ‘‘(1)’’ and by striking paragraph (2).
(g) ALLOCATION CRITERIA AND ELIGIBILITY.—Sec-
tion 31104 is further amended—
(1) by striking subsections (f) and (g) and in-
serting the following:
‘‘(f) ALLOCATION CRITERIA AND ELIGIBILITY.—
‘‘(1) IN GENERAL.—On October 1 of each fiscal
year or as soon after that date as practicable and
after making the deduction under subsection (e), the
Secretary shall allocate amounts made available to
carry out section 31102 for such fiscal year among
the States with plans approved under section 31102.
271
Such allocation shall be made under such criteria as
the Secretary prescribes by regulation.
‘‘(2) 
HIGH-PRIORITY
ACTIVITIES
AND
PROJECTS.—The Secretary may designate up to 5
percent of amounts available for allocation under
paragraph (1) to reimburse—
‘‘(A) States for carrying out high priority
activities and projects that improve commercial
motor vehicle safety and compliance with com-
mercial motor vehicle safety regulations, includ-
ing activities and projects that are national in
scope, increase public awareness and education,
or demonstrate new technologies; and
‘‘(B) local governments and other persons
that use trained and qualified officers and em-
ployees, for carrying out activities and projects
described in subparagraph (A) in coordination
with State motor vehicle safety agencies.’’;
(2) by redesignating subsection (h) as sub-
section (g);
(3) by striking subsection (i);
(4) by redesignating subsection (j) as sub-
section (h); and
(5) in the first sentence of subsection (h), as so
redesignated, by striking ‘‘tolerance’’.
272
(h) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 311 is amended by striking the item re-
lating to section 31101 and inserting the following:
‘‘31101. Objective and definitions.’’.
SEC. 403. INFORMATION SYSTEMS.
(a) IN GENERAL.—Section 31106 is amended to read
as follows:
‘‘§ 31106. Information systems
‘‘(a) INFORMATION SYSTEMS
AND DATA ANALY-
SIS.—
‘‘(1) IN GENERAL.—Subject to the provisions of
this section, the Secretary shall establish and oper-
ate motor carrier, commercial motor vehicle, and
driver information systems and data analysis pro-
grams to support safety activities required under
this title.
‘‘(2) COORDINATION
INTO
NETWORK.—In co-
operation with the States, the information systems
under this section shall be coordinated into a net-
work providing identification of motor carriers and
drivers, commercial motor vehicle registration and li-
cense tracking, and motor carrier, commercial motor
vehicle, and driver safety performance data.
‘‘(3) DATA
ANALYSIS
CAPACITY
AND
PRO-
GRAMS.— The Secretary shall develop and maintain
274
‘‘(C) the reliability and availability of the
information to the Secretary, States, and others
as the Secretary determines appropriate.
‘‘(b) PERFORMANCE AND REGISTRATION INFORMA-
TION PROGRAM.—
‘‘(1) 
INFORMATION
CLEARINGHOUSE.—The
Secretary shall include, as part of the information
systems authorized by this section, a program to es-
tablish and maintain a clearinghouse and repository
of information related to State registration and li-
censing of commercial motor vehicles and the motor
carriers operating the vehicles. The clearinghouse
and repository shall include information on the safe-
ty fitness of each motor carrier and registrant and
other information the Secretary considers appro-
priate, including information on motor carrier, com-
mercial motor vehicle, and driver safety perform-
ance.
‘‘(2) DESIGN.—The program shall link Federal
safety information systems with State registration
and licensing systems and shall be designed to en-
able a State to—
‘‘(A) determine the safety fitness of a
motor carrier or registrant when licensing or
registering the motor carrier or commercial
275
motor vehicle or while the license or registration
is in effect; and
‘‘(B) decide, in cooperation with the Sec-
retary, whether and what types of sanctions or
operating limitations to impose on the motor
carrier or registrant to ensure safety.
‘‘(3) CONDITIONS
FOR
PARTICIPATION.—The
Secretary shall require States, as a condition of par-
ticipation in the program, to—
‘‘(A) comply with the technical and oper-
ational standards prescribed by the Secretary
under subsection (a)(4); and
‘‘(B) possess or seek authority to impose
commercial motor vehicle registration sanctions
or operating limitations on the basis of a Fed-
eral safety fitness determination.
‘‘(4) FUNDING.—Of the amounts made avail-
able under section 31107, not more than $6,000,000
in each of fiscal years 1998, 1999, and 2000 may
be used to carry out this subsection.
‘‘(c) COMMERCIAL MOTOR VEHICLE DRIVER SAFETY
PROGRAM.—In coordination with the information system
under section 31309, the Secretary is authorized to estab-
lish a program to improve commercial motor vehicle driver
safety. The objectives of the program shall include—
276
‘‘(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 commercial motor vehicle drivers;
‘‘(3) evaluating any aspect of driver perform-
ance that the Secretary determines appropriate; and
‘‘(4) developing appropriate strategies and
countermeasures to improve driver safety.
‘‘(d) 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
agreements with, States, local governments, associations,
institutions, corporations, and other persons.
‘‘(e) INFORMATION
AVAILABILITY
AND
PRIVACY
PROTECTION.—
‘‘(1) AVAILABILITY
OF
INFORMATION.—The
Secretary shall make data collected in systems and
through programs under this section available to the
public to the maximum extent permissible under the
Privacy Act of 1974 (5 U.S.C. 552a) and the Free-
dom of Information Act (5 U.S.C. 552).
277
‘‘(2) REVIEW OF DATA.—The Secretary shall
allow individuals and motor carriers to whom the
data pertains to review periodically such data and to
request corrections or clarifications.
‘‘(3) STATE AND LOCAL OFFICIALS.—State and
local safety and enforcement officials shall have ac-
cess to data made available under this subsection to
the same extent as Federal safety and enforcement
officials.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
31107 is amended to read as follows:
‘‘§ 31107. Authorization of appropriations for infor-
mation systems
‘‘(a) IN GENERAL.—There shall be available from the
Highway Trust Fund (other than the Mass Transit Ac-
count) to carry out sections 31106 and 31309 of this
title—
‘‘(1) $7,000,000 for fiscal year 1998;
‘‘(2) $15,000,000 for fiscal year 1999; and
‘‘(3) $20,000,000 for fiscal year 2000.
The amounts made available under this subsection shall
remain available until expended.
‘‘(b) CONTRACT AUTHORITY.—Approval by the Sec-
retary of a grant with funds made available under this
section imposes upon the United States Government a
278
contractual obligation for payment of the Government’s
share of costs incurred in carrying out the objectives of
the grant.’’.
(c) SUBCHAPTER HEADING.—The heading for sub-
chapter I of chapter 311 is amended by inserting after
‘‘GRANTS’’ the following: ‘‘AND OTHER COMMER-
CIAL MOTOR VEHICLE PROGRAMS’’.
(d) CONFORMING AMENDMENTS.—The table of sec-
tions for chapter 311 is amended—
(1) by striking
‘‘SUBCHAPTER I—STATE GRANTS’’
and inserting
‘‘SUBCHAPTER I—STATE GRANTS AND OTHER COMMERCIAL
MOTOR VEHICLE PROGRAMS’’;
(2) by striking the item relating to section
31106 and inserting the following:
‘‘31106. Information systems.’’; and
(3) by striking the item relating to section
31107 and inserting the following:
‘‘31107. Authorization of appropriations for information systems.’’.
SEC. 404. AUTOMOBILE TRANSPORTER DEFINED.
Section 31111(a) is amended—
(1) by striking ‘‘section—’’ and inserting ‘‘sec-
tion, the following definitions apply:’’;
(2) by inserting after ‘‘(1)’’ the following:
‘‘MAXI-CUBE VEHICLE.—The term’’;
279
(3) by inserting after ‘‘(2)’’ the following:
‘‘TRUCK TRACTOR.—The term’’;
(4) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(5) by inserting before paragraph (2), as so re-
designated, the following:
‘‘(1) AUTOMOBILE
TRANSPORTER.—The term
‘automobile transporter’ means any vehicle combina-
tion designed and used specifically for the transport
of assembled highway vehicles.’’.
SEC. 405. INSPECTIONS AND REPORTS.
(a) GENERAL POWERS OF THE SECRETARY.—Sec-
tion 31133(a)(1) is amended by inserting ‘‘and make con-
tracts for’’ after ‘‘conduct’’.
(b) REPORTS
AND RECORDS.—Section 504(c) is
amended by inserting ‘‘(and, in the case of a motor car-
rier, a contractor)’’ before the second comma.
SEC. 406. EXEMPTIONS AND PILOT PROGRAMS.
(a) IN GENERAL.—Section 31315 is amended to read
as follows:
‘‘§ 31315. Exemptions and pilot programs
‘‘(a) EXEMPTIONS.—
‘‘(1) IN GENERAL.—Upon receipt of a request
pursuant to paragraph (3), the Secretary of Trans-
portation may grant to a person or class of persons
280
an exemption from a regulation prescribed under
this chapter or section 31136 if the Secretary finds
such exemption would likely achieve a level of safety
equal to or greater than the level that would be
achieved absent such exemption. An exemption may
be granted for no longer than 2 years from its ap-
proval date. A person may request a renewal of an
exemption.
‘‘(2) AUTHORITY
TO
REVOKE
EXEMPTION.—
The Secretary shall immediately revoke an exemp-
tion if the person fails to comply with the terms and
conditions of such exemption or if continuation of
the exemption would not be consistent with the goals
and objectives of this chapter or section 31136, as
the case may be.
‘‘(3) REQUESTS
FOR
EXEMPTION.—Not later
than 180 days after the date of the enactment of
this section and after notice and an opportunity for
public comment, the Secretary shall specify by regu-
lation the procedures by which a person may request
an exemption. Such regulations shall, at a minimum,
require the person to provide the following informa-
tion for each exemption request:
‘‘(A) The provisions from which the person
requests exemption.
281
‘‘(B) The time period during which the ex-
emption would apply.
‘‘(C) An analysis of the safety impacts the
exemption may cause.
‘‘(D) The specific countermeasures the
person would undertake, if the exemption were
granted, to ensure an equal or greater level of
safety than would be achieved absent the ex-
emption.
‘‘(4) NOTICE AND COMMENT.—
‘‘(A) UPON
RECEIPT
OF
A
REQUEST.—
Upon receipt of an exemption request, the Sec-
retary shall publish in the Federal Register a
notice explaining the request that has been filed
and shall give the public an opportunity to in-
spect the safety analysis and any other relevant
information known to the Secretary and to com-
ment on the request. This subparagraph does
not require the release of information protected
by law from public disclosure.
‘‘(B) UPON GRANTING A REQUEST.—Upon
granting a request for exemption, the Secretary
shall publish in the Federal Register the name
of the person granted the exemption, the provi-
sions from which the person will be exempt, the
282
effective period, and all terms and conditions of
the exemption.
‘‘(C) UPON DENYING A REQUEST.—Upon
denying a request for exemption, the Secretary
shall publish in the Federal Register the name
of the person denied the exemption and the rea-
sons for such denial.
‘‘(5) APPLICATIONS
TO
BE
DEALT
WITH
PROMPTLY.—The Secretary shall grant or deny an
exemption request after a thorough review of its
safety implications, but in no case later than 180
days after the filing date of such request, or the Sec-
retary shall publish in the Federal Register the rea-
son for the delay in decision and an estimate of
when the decision will be made.
‘‘(6) TERMS AND CONDITIONS.—The Secretary
shall establish terms and conditions for each exemp-
tion to ensure that it will likely achieve a level of
safety equal to or greater than the level that would
be achieved absent such exemption. The Secretary
shall monitor the implementation of the exemption
to ensure compliance with its terms and conditions.
‘‘(7) NOTIFICATION
OF
STATE
COMPLIANCE
AND ENFORCEMENT PERSONNEL.—Before granting
a request for exemption, the Secretary shall notify
283
State safety compliance and enforcement personnel,
including roadside inspectors, and the public that a
person will be operating pursuant to an exemption
and any terms and conditions that will apply to the
exemption.
‘‘(b) PILOT PROGRAMS.—
‘‘(1) IN GENERAL.—The Secretary may conduct
pilot programs to evaluate innovative approaches to
motor carrier, vehicle, and driver safety. Such pilot
programs may include exemptions from a regulation
prescribed under this chapter or section 31136 if the
pilot program contains, at a minimum, the elements
described in paragraph (2). The Secretary shall pub-
lish in the Federal Register a detailed description of
the program and the exemptions to be considered
and provide notice and an opportunity for public
comment before the effective date of any exemptions.
‘‘(2) PROGRAM
ELEMENTS.—In proposing a
pilot program and before granting exemptions for
purposes of a pilot program, the Secretary shall in-
clude, at a minimum, the following elements in each
pilot program plan:
‘‘(A) A program scheduled life of not more
than 3 years.
284
‘‘(B) A scientifically valid methodology and
study design, including a specific data collection
and analysis plan, that identifies appropriate
control groups for comparison.
‘‘(C) The fewest participants necessary to
yield statistically valid findings.
‘‘(D) Observance of appropriate ethical
protocols for the use of human subjects in field
experiments.
‘‘(E) An oversight plan to ensure that par-
ticipants comply with the terms and conditions
of participation.
‘‘(F) Adequate countermeasures to protect
the health and safety of study participants and
the general public.
‘‘(G) A plan to inform State partners and
the public about the pilot program and to iden-
tify approved participants to safety compliance
and enforcement personnel and to the public.
‘‘(3) AUTHORITY TO REVOKE PARTICIPATION.—
The Secretary shall immediately revoke participation
in a pilot program of a motor carrier, vehicle, or
driver for failure to comply with the terms and con-
ditions of the pilot program or if continued partici-
pation would not be consistent with the goals and
285
objectives of this chapter or section 31136, as the
case may be.
‘‘(4) AUTHORITY TO TERMINATE PROGRAM.—
The Secretary shall immediately terminate a pilot
program if its continuation would not be consistent
with the goals and objectives of this chapter or sec-
tion 31136, as the case may be.
‘‘(5) REPORT TO CONGRESS.—At the conclusion
of each pilot program, the Secretary shall promptly
report to Congress the findings, conclusions, and
recommendations of the program, including sug-
gested amendments to law or regulation that would
enhance motor carrier, vehicle, and driver safety and
improve compliance with national safety standards.
‘‘(c) PREEMPTION OF STATE RULES.—During the
time period that an exemption or pilot program is in effect
under this section, no State shall enforce any law or regu-
lation that conflicts with or is inconsistent with an exemp-
tion or pilot program with respect to a person exercising
the exemption or participating in the pilot program.’’.
(b) TABLE OF SECTIONS.—The table of sections for
chapter 313 is amended by striking the item relating to
section 31315 and inserting the following:
‘‘31315. Exemptions and pilot programs.’’.
(c) CONFORMING AMENDMENT.—Section 31136(e) is
amended to read as follows:
286
‘‘(e) EXEMPTIONS.—The Secretary may grant ex-
emptions from any regulation prescribed under this sec-
tion in accordance with section 31315.’’.
(d) PROTECTION OF EXISTING EXEMPTIONS.—The
amendments made by subsections (a) and (c) of this sec-
tion shall not apply to or otherwise affect an exemption
or waiver in effect on the day before the date of the enact-
ment of this Act under section 31315 or 31136(e) of title
49, United States Code.
SEC. 407. SAFETY REGULATION.
(a) COMMERCIAL MOTOR VEHICLE DEFINED.—Sec-
tion 31132(1)(A) is amended—
(1) by inserting ‘‘or gross vehicle weight’’ after
‘‘rating’’;
(2) by inserting ‘‘, whichever is greater’’ after
‘‘pounds’’.
(b) REPEAL OF REVIEW PANEL.—Section 31134,
and the item relating to such section in the table of sec-
tions for chapter 311, are repealed.
(c) REPEAL OF SUBMISSION TO REVIEW PANEL.—
Section 31140, and the item relating to such section in
the table of sections for chapter 311, are repealed.
(d) REVIEW PROCEDURE.—Section 31141 is amend-
ed—
287
(1) by striking subsections (b) and (c) and in-
serting the following:
‘‘(b) SUBMISSION OF REGULATION.—A State that
enacts a State law or issues a regulation on commercial
motor vehicle safety shall submit a copy of the law or regu-
lation to the Secretary of Transportation immediately
after the enactment or issuance.
‘‘(c) REVIEW AND DECISIONS BY SECRETARY.—
‘‘(1) REVIEW.—The Secretary shall review
State laws and regulations on commercial motor ve-
hicle safety. The Secretary shall decide whether the
State law or regulation—
‘‘(A) has the same effect as a regulation
prescribed by the Secretary under section
31136;
‘‘(B) is less stringent than such regulation;
or
‘‘(C) is additional to or more stringent
than such regulation.
‘‘(2) REGULATIONS
WITH
SAME
EFFECT.—If
the Secretary decides a State law or regulation has
the same effect as a regulation prescribed by the
Secretary under section 31136 of this title, the State
law or regulation may be enforced.
288
‘‘(3) LESS STRINGENT REGULATIONS.—If the
Secretary decides a State law or regulation is less
stringent than a regulation prescribed by the Sec-
retary under section 31136 of this title, the State
law or regulation may not be enforced.
‘‘(4) ADDITIONAL OR MORE STRINGENT REGU-
LATIONS.—If the Secretary decides a State law or
regulation is additional to or more stringent than a
regulation prescribed by the Secretary under section
31136 of this title, the State law or regulation may
be enforced unless the Secretary also decides that—
‘‘(A) the State law or regulation has no
safety benefit;
‘‘(B) the State law or regulation is incom-
patible with the regulation prescribed by the
Secretary; or
‘‘(C) enforcement of the State law or regu-
lation would cause an unreasonable burden on
interstate commerce.
‘‘(5) CONSIDERATION
OF
EFFECT
ON
INTER-
STATE
COMMERCE.—In deciding under paragraph
(4) whether a State law or regulation will cause an
unreasonable burden on interstate commerce, the
Secretary may consider the effect on interstate com-
merce of implementation of that law or regulation
289
with the implementation of all similar laws and reg-
ulations of other States.’’;
(2) by striking subsection (e); and
(3) by redesignating subsections (f), (g), and
(h) as subsections (e), (f), and (g), respectively.
(e) INSPECTION OF SAFETY EQUIPMENT.—Section
31142(a) is amended by striking ‘‘part 393 of title 49,
Code of Federal Regulations’’ and inserting ‘‘the regula-
tions issued under section 31136’’.
(f) PROTECTION
OF
STATES
PARTICIPATING
IN
STATE GROUPS.—Section 31142(c)(1)(C) is amended—
(1) by inserting after ‘‘from’’ the following:
‘‘participating in the activities of a voluntary group
of States’’; and
(2) by striking ‘‘that meets’’ and all that fol-
lows through ‘‘1984’’.
SEC. 408. REPEAL OF CERTAIN OBSOLETE MISCELLANEOUS
AUTHORITIES.
Subchapter IV of chapter 311 (including sections
31161 and 31162), and the items relating to such sub-
chapter and sections in the table of sections for chapter
311, are repealed.
SEC. 409. COMMERCIAL VEHICLE OPERATORS.
(a) COMMERCIAL MOTOR VEHICLE DEFINED.—Sec-
tion 31301(4) is amended—
290
(1) in subparagraph (A)—
(A) by inserting ‘‘or gross vehicle weight’’
after ‘‘rating’’ the first 2 places it appears; and
(B) by inserting ‘‘, whichever is greater,’’
after ‘‘pounds’’ the first place it appears; and
(2) in subparagraph (C)(ii) by inserting ‘‘is’’
before ‘‘transporting’’ each place it appears.
(b) PROHIBITION
ON CMV OPERATION WITHOUT
CDL.—
(1) IN GENERAL.—Section 31302 is amended
to read as follows:
‘‘§ 31302. Driver’s license requirement
‘‘An individual may operate a commercial motor vehi-
cle only if the individual has a valid commercial driver’s
license. An individual operating a commercial motor vehi-
cle may have only one driver’s license at any time.’’.
(2) CONFORMING AMENDMENT.—The item re-
lating to section 31302 in the table of sections for
chapter 313 is amended to read as follows:
‘‘31302. Driver’s license requirement.’’.
(c) UNIQUE IDENTIFIERS IN CDLS.—
(1) IN GENERAL.—Section 31308(2) is amend-
ed by inserting before the semicolon ‘‘and each li-
cense issued after January 1, 2000, include unique
identifiers to minimize fraud and duplication’’.
291
(2) DEADLINE
FOR
ISSUANCE
OF
REGULA-
TIONS.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall issue
regulations to carry out the amendment made by
paragraph (1).
(d) COMMERCIAL DRIVER’S LICENSE INFORMATION
SYSTEM.—Section 31309 is amended—
(1) in subsection (a) by striking ‘‘make an
agreement under subsection (b) of this section for
the operation of, or establish under subsection (c) of
this section,’’ and inserting ‘‘maintain’’;
(2) by inserting after the first sentence of sub-
section (a) the following: ‘‘The system shall be co-
ordinated with activities carried out under section
31106.’’;
(3) by striking subsections (b) and (c);
(4) in subsection (d)(1)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (E);
(B) by striking the period at the end of
subparagraph (F) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(G) information on all fines, penalties, convic-
tions, and failure to appear for a hearing or trial in-
curred by the operator with respect to operation of
292
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 in ac-
cordance 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
(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
293
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. 410. 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.
(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);
294
(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-
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.—
295
(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; and
(ii) 50 percent for the third year that
a State receives a grant under this section
for such activity.
(2) IN-KIND CONTRIBUTIONS.—In determining
the non-Federal costs under paragraph (1), the Sec-
retary shall include in-kind contributions by the
grant recipient.
(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
296
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 per fiscal year for fiscal years
1999 and 2000 shall be available to carry out this section.
(h) BORDER STATE DEFINED.—In this section, the
term ‘‘border State’’ means any State that has a boundary
in common with Canada or Mexico.
SEC. 411. 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
297
to Congress a report on the results of the study conducted
under this section, together with any legislative rec-
ommendations of the Secretary.
(d) FUNDING.—From amounts made available under
subparagraphs (F) through (I) of section 127(a)(3) of this
Act, the Secretary may use not to exceed $300,000 to
carry out this section.
SEC. 412. 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. 413. 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.
298
(b) MONITORING.—The Secretary shall monitor re-
ports received by the telephone system and shall consider
information provided by such reports in setting priorities
for motor carrier safety audits and other enforcement ac-
tivities.
(c) PROTECTION OF PERSONS REPORTING VIOLA-
TIONS.—
(1) PROHIBITION.—A person reporting a poten-
tial violation to the telephone system may not be dis-
charged, disciplined, or discriminated against re-
garding pay, terms, or privileges of employment be-
cause of the reporting of such violation.
(2) APPLICABILITY OF SECTION 31105 OF TITLE
49.—For purposes of section 31105 of title 49, Unit-
ed States Code, a violation or alleged violation of
paragraph (1) shall be treated as a violation of sec-
tion 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 per fiscal year for fiscal
years 1998 through 2000 to carry out this section.
SEC. 414. 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
299
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
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;
300
(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
(5) consult with interested groups knowledgable
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. 415. 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-
301
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
Secretary shall issue regulations under section 31305 re-
flecting the results of the review.
SEC. 416. POSTACCIDENT ALCOHOL TESTING.
(a) STUDY.—The Secretary shall conduct a study of
the feasibility of utilizing emergency responders and law
enforcement officers for conducting postaccident alcohol
testing of commercial motor vehicle operators under sec-
tion 31306 of title 49, United States Code, as a method
of obtaining more timely information and reducing 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).
302
SEC. 417. TECHNOLOGIES TO REDUCE FATIGUE OF COM-
MERCIAL MOTOR VEHICLE OPERATORS.
(a) DEVELOPMENT OF TECHNOLOGIES.—As part of
the activities of the Secretary relating to the fatigue of
commercial motor vehicle operators, the Secretary shall
encourage the research, development, and demonstration
of technologies that may aid in reducing such fatigue.
(b) IDENTIFICATION OF TECHNOLOGIES.—In identi-
fying technologies pursuant to subsection (a), the Sec-
retary shall take into account—
(1) the degree to which the technology will be
cost efficient;
(2) the degree to which the technology can be
effectively used in diverse climatic regions of the Na-
tion; and
(3) the degree to which the application of the
technology will further emissions reductions, energy
conservation, and other transportation goals.
(c) 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 section.
SEC. 418. 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—
303
‘‘(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.
‘‘(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
304
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
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
305
(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-
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
306
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.’’.
SEC. 419. 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)—
307
(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 provid-
ing an exception from requirements relating to
placarding, shipping papers, and emergency
telephone numbers for the private motor car-
riage in intrastate transportation of an agricul-
tural production material from a source of sup-
ply 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
measures necessary to ensure that safety is not com-
promised.’’.
308
(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.’’.
TITLE V—PROGRAMMATIC
REFORMS AND STREAMLINING
SEC. 501. PROJECT APPROVAL AND OVERSIGHT.
(a) IN GENERAL.—Section 106 is amended—
(1) by redesignating subsections (e) and (f) as
(g) and (h), respectively; and
(2) by striking the section heading and all that
follows through the period at the end of subsection
(d) and inserting the following:
‘‘§ 106. Project approval and oversight
‘‘(a) IN GENERAL.—
309
‘‘(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
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-
310
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.
‘‘(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
311
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-
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.’’.
312
(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.
SEC. 502. ENVIRONMENTAL STREAMLINING.
(a) COORDINATED ENVIRONMENTAL REVIEW PROC-
ESS.—
(1) DEVELOPMENT
AND
IMPLEMENTATION.—
The Secretary shall develop and implement a coordi-
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-
313
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
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
314
by the National Environmental Policy Act of
1969; or
(B) may be required by Federal law to
independently—
(i) conduct an environmental-related
review or analysis; or
(ii) determine whether to issue a per-
mit, license, or approval or render an opin-
ion on the environmental impact of the
project.
(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;
315
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
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-
316
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
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 assume such agency’s concurrence. If the Secretary
finds after timely compliance with this section, that an en-
vironmental 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
317
and the head of such agency shall resolve the matter with-
in 30 days of the finding by the Secretary.
(d) ACCEPTANCE OF PURPOSE AND NEED.—For any
environmental impact statement prepared pursuant to the
National Environmental Policy Act of 1969 or the conduct
of any other environmental review, analysis, opinion, or
issuance of an environmental permit, license, or approval
that requires an analysis of purpose and need, the agency
conducting such review with respect to the highway project
shall give due consideration to the project purpose and
need as defined by the Secretary and the project applicant.
(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
318
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
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
319
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
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.
320
(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
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-
321
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
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
322
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-
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
323
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
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 STP SET-ASIDES.—
This section shall not apply to funds subject to the last
sentence of section 133(d)(1) and funds subject to section
133(d)(3). The maximum amount that a State may trans-
fer under this section of the State’s set-aside under section
133(d)(2) for a fiscal year may not exceed 50 percent of
324
(1) the amount of such set-aside, less (2) the amount of
the State’s set-aside under section 133(d)(2) 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
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:
‘‘Sec. 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).
325
(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
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.
326
(2) The research program under title VI of this
Act.
(3) The national corridor planning and develop-
ment program.
(4) The coordinated border infrastructure and
safety program.
(5) The construction of ferry boats and ferry
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.—Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
eliminate any required programmatic responsibility for
any regional office of the Department of Transportation
carrying out responsibilities of the Federal Highway Ad-
ministration regarding any funds made available by this
Act (including any amendments made by this Act).
(b) RETENTION OF REGIONAL OFFICES.—The Sec-
retary may retain regional offices of the Department of
327
Transportation carrying out responsibilities of the Federal
Highway Administration for the purpose of providing
technical support to States, metropolitan areas, and tran-
sit authorities upon request.
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.
328
SEC. 603. TRANSFERS OF FUNDS.
The Secretary may transfer not to exceed 10 percent
of the amounts made available by each of subparagraphs
(F) through (I) of section 127(a)(3) of this Act to the
amounts made available by any other of such subpara-
graphs.
Subtitle A—Surface Transportation
Research, Technology, and Edu-
cation
PART I—HIGHWAY RESEARCH
SEC. 611. RESEARCH.
(a) RESEARCH.—Section 307(a) is amended—
(1) in paragraph (1) by striking subparagraph
(C); and
(2) by striking paragraph (3) and inserting the
following:
‘‘(3) AMOUNTS
DEPOSITED
BY
COOPERATING
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.—
329
‘‘(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:
‘‘(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.—
330
‘‘(A) IN GENERAL.—The highway research
program under subsection (a) shall include an
advanced research program that addresses
longer-term, higher-risk research that shows po-
tential benefits for improving the durability, ef-
ficiency, environmental impact, productivity,
and safety (including bicycle and pedestrian
safety) of highway and intermodal transpor-
tation systems. In carrying out this program,
the Secretary shall strive to develop partner-
ships with the public and private sectors.
‘‘(B) RESEARCH AREAS.—In carrying out
the advanced research program under subpara-
graph (A), the Secretary may make grants and
enter into cooperative agreements and contracts
in such areas as the Secretary determines 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 assessment of failure risks.
331
‘‘(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) Particulate matter source appor-
tionment, control strategy synthesis eval-
uation, and model development.
‘‘(vi) Data acquisition techniques for
system condition and performance monitor-
ing.
‘‘(vii) Prediction of the response of
current and future travelers to new tech-
nologies.’’.
(d) 
SUPPORTING
INFRASTRUCTURE.—Section
307(b)(5) is amended—
(1) by striking subparagraph (C); and
(2) by redesignating subparagraph (D) as sub-
paragraph (C).
(e) REPEALS.—Section 307 is amended—
(1) by striking subsections (c), (d), and (e); and
(2) by redesignating subsections (f), (g), and
(h) as subsections (c), (d), and (e), respectively.
332
(f) SEISMIC RESEARCH PROGRAM.—Section 307(c),
as so redesignated, is amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a program to study the vulnerability of the
Federal-aid highway system and other surface trans-
portation systems to seismic activity and to develop
and implement cost-effective methods to reduce such
vulnerability.’’;
(2) by striking paragraph (4) and inserting the
following:
‘‘(4) FUNDING.—Of the amounts made 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 2000 to carry out this sub-
section.’’; and
(3) by striking paragraph (5).
(g) BIENNIAL REPORT.—Section 307(e), 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,’’.
333
(h) 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.’’.
SEC. 612. STATE PLANNING AND RESEARCH.
(a) IN GENERAL.—Section 313 is amended to read
as follows:
‘‘§ 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 section 104(f))
and under section 144 shall be available for expenditure
by the State, in consultation with the Secretary, only for
the following purposes:
‘‘(1) Engineering and economic surveys and in-
vestigations.
‘‘(2) The planning of future highway programs
and local public transportation systems and the
planning of the financing of such programs and sys-
tems, including statewide planning under section
135.
334
‘‘(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
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
335
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
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).’’.
(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.’’.
SEC. 613. INTERNATIONAL HIGHWAY TRANSPORTATION
OUTREACH PROGRAM.
(a) ACTIVITIES.—Section 325(a) is amended—
(1) by inserting after ‘‘expertise’’ the following:
‘‘, goods, and services’’;
336
(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
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-
337
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.—Section 322 is amended to read
as follows:
‘‘§ 322. National technology deployment initiative
‘‘(a) IN GENERAL.—The Secretary shall develop and
implement a national technology deployment initiative to
expand adoption by the surface transportation community
of innovative technologies to improve the safety, efficiency,
reliability, service life, and sustainability of transportation
systems and to reduce environmental impact.
‘‘(b) INTEGRATION WITH OTHER PROGRAMS.—The
Secretary shall integrate activities undertaken pursuant to
this section with the efforts of the Department to dissemi-
nate the results of research sponsored by the Department
and to facilitate technology transfer.
338
‘‘(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.’’.
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’’.
339
(b) RESEARCH FELLOWSHIPS.—Section 326 is fur-
ther amended—
(1) by striking subsection (c);
(2) by redesignating subsection (b) as sub-
section (c); and
(3) by inserting after subsection (a) the follow-
ing:
‘‘(b) RESEARCH FELLOWSHIPS.—
‘‘(1) GENERAL
AUTHORITY.—The Secretary
may, acting either independently or in cooperation
with other Federal departments, agencies, and in-
strumentalities, make grants for research fellowships
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
340
(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-
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-
341
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 on the basis of
the following:
‘‘(A) For regional centers, the location of
the center within the Federal region to be
served.
‘‘(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.
342
‘‘(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:
‘‘(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
343
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
5307 or 5311 of this title or section 313, 322, or 326(a)
of title 23, United States Code.
‘‘(g) PROGRAM COORDINATION.—
‘‘(1) COORDINATION.—The Secretary shall co-
ordinate the research, education, training, and tech-
nology transfer activities that grant recipients carry
out under this section, disseminate the results of the
research, and establish and operate a clearinghouse.
‘‘(2) ANNUAL REVIEW AND EVALUATION.—At
least annually, the Secretary shall review and evalu-
ate programs the grant recipients carry out.
‘‘(3) FUNDING
LIMITATION.—The Secretary
may use not more than 1 percent of amounts made
available from Government sources to carry out this
subsection.
344
‘‘(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.—
‘‘(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).
‘‘(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
345
receive grants made available to university transportation
centers under this section.
‘‘(k) APPLICATIONS THAT MAY BE CONSIDERED.—
In selecting grant recipients under subsection (c), 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.
‘‘(3) The University of Arizona.
‘‘(4) The University of Central Florida.
‘‘(5) Carnegie Mellon and Lehigh Universities.
‘‘(6) University of South Carolina and Califor-
nia State University 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 group of Virginia universities acting as
a Center of ITS Implementation.
346
‘‘(13) The University of Tennessee.
‘‘(14) The Alabama Transportation Institute.’’.
(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-
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, 1999, and
2000 to carry out paragraph (1).
347
(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
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, 1999, and
2000 to carry out paragraph (1).
348
(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 2000 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;
(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 fiscal
year 2000 shall be available for the national tech-
349
nology deployment initiative program under section
322 of such title;
(5) not to exceed $16,000,000 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
(C) by adding at the end the following:
‘‘(L) transportation-related variables influ-
encing global competitiveness.’’;
(3) in subsection (c)(2)—
(A) by striking ‘‘national transportation
system’’ in the first sentence and inserting
‘‘Nation’s transportation systems’’;
352
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 decisionmak-
ing 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.
‘‘(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.’’;
353
(7) 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,
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
354
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
(8) by adding at the end the following:
‘‘(k) DATA PRODUCT SALES PROCEEDS.—Notwith-
standing section 3302 of title 31, United States Code,
funds received by the Bureau from the sale of data 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.—
355
‘‘(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 2000 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.
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.
356
(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
2000 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.
(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
357
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
2000 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.—
(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
358
2000 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
2000 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
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-
359
hicle, and monitor and adjust automatic brak-
ing systems.
(B) FUNDING.—Of the amounts made
available for each of fiscal years 1998 through
2000 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
2000 by section 127(a)(3)(H) of this Act,
$500,000 per fiscal year shall be available to
carry out this paragraph.
(8) TRANSPORTATION
ECONOMIC
AND
LAND
USE SYSTEM.—
(A) IN
GENERAL.—The Secretary shall
continue development and deployment to metro-
politan planning organizations of the Transpor-
tation Economic and Land Use System.
(B) FUNDING.—Of the amounts made
available for each of fiscal years 1998 through
360
2000 by section 127(a)(3)(H) of this Act,
$1,000,000 per fiscal year shall be available to
carry out this paragraph.
(9) 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 2000
under section 657(a) of this Act, $2,000,000
per fiscal year shall be available to carry out
this paragraph.
(10) 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
2000 by section 127(a)(3)(F) of this Act,
$700,000 per fiscal year shall be available to
carry out this paragraph.
361
(11) INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE.—
(A) IN
GENERAL.—The Secretary shall
carry out a program to advance the deployment
of an operational intelligent transportation in-
frastructure system for the measurement of
various transportation system activities to aid
in the transportation planning and analysis
while making a significant contribution to the
ITS program under this title. This program
shall be located in the 2 largest metropolitan
areas in the State of Pennsylvania.
(B) FUNDING.—Of the amounts made
available for each of fiscal years 1998 through
2000 by section 127(a)(3)(H) of this Act,
$1,700,000 per fiscal year shall be available to
carry out this paragraph.
(C) FEDERAL SHARE.—The Federal share
payable on account of the program carried out
under this paragraph shall be 80 percent of the
cost of such program.
362
Subtitle B—Intelligent
Transportation Systems
SEC. 651. DEFINITIONS.
As used in this subtitle, the following definitions
apply:
(1) INTELLIGENT TRANSPORTATION SYSTEMS;
ITS.—The terms ‘‘intelligent transportation sys-
tems’’ and ‘‘ITS’’ mean electronics, communications,
or information processing used singly or in combina-
tion to improve the efficiency and safety of surface
transportation systems.
(2) INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE.—The term ‘‘intelligent transportation
infrastructure’’ means fully integrated public sector
ITS components, as defined by the Secretary.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
(4) STATE.—The term ‘‘State’’ has the mean-
ing given such term under section 101 of title 23,
United States Code.
SEC. 652. SCOPE OF PROGRAM.
(a) SCOPE.—Subject to the provisions of this subtitle,
the Secretary shall conduct an ongoing ITS program to
research, develop, and operationally test intelligent trans-
portation systems and advance nationwide deployment of
363
such systems as a component of the Nation’s surface
transportation systems.
(b) GOALS.—The goals of the ITS program include—
(1) enhancement of surface transportation effi-
ciency to enable existing facilities to meet a signifi-
cant portion of future transportation needs and to
reduce regulatory, financial, and other transaction
costs to public agencies and system users;
(2) enhancement of safe operation of motor ve-
hicles, including motorcycles, and nonmotorized vehi-
cles on the Nation’s surface transportation systems,
with a particular emphasis on decreasing the num-
ber and severity of collisions;
(3) protection and enhancement of the natural
environment and communities affected by surface
transportation, with particular emphasis on assisting
States to attain air quality goals established pursu-
ant to the Clean Air Act (42 U.S.C. 7401 et seq.);
(4) accommodation of the needs of all users of
the Nation’s surface transportation systems, includ-
ing the operators of commercial vehicles, passenger
vehicles, and motorcycles;
(5) improvement of public access to employ-
ment, goods, and services;
364
(6) development of a technology base and nec-
essary standards and protocols for intelligent trans-
portation systems;
(7) improvement of the Nation’s ability to re-
spond to emergencies and natural disasters and en-
hancement of national defense mobility; and
(8) promotion of the access and use of data col-
lected from projects conducted under the program
by public and private organizations.
SEC. 653. GENERAL AUTHORITIES AND REQUIREMENTS.
(a) COOPERATION
AND CONSULTATION REQUIRE-
MENTS.—
(1) COOPERATION WITH GOVERNMENTAL, PRI-
VATE, AND EDUCATIONAL ENTITIES.—The Secretary
shall carry out the ITS program in cooperation with
State and local governments and other public enti-
ties, the United States private sector, and colleges
and universities, including historically black colleges
and universities and other minority institutions of
higher education.
(2) CONSULTATION
WITH
FEDERAL
OFFI-
CIALS.—In carrying out the ITS program, the Sec-
retary, as appropriate, shall consult with the Sec-
retary of Commerce, the Secretary of the Treasury,
the Administrator of the Environmental Protection
365
Agency, the Director of the National Science Foun-
dation, and the heads of other Federal departments
and agencies.
(b) STANDARDS.—
(1) DEVELOPMENT OF NATIONAL ITS ARCHI-
TECTURE.—The Secretary shall develop, implement,
and maintain a national ITS architecture and stand-
ards and protocols to promote the widespread use
and evaluation of ITS technology as a component of
the Nation’s surface transportation systems.
(2) INTEROPERABILITY
AMONG
ITS
TECH-
NOLOGIES.—The national ITS architecture shall
promote interoperability among ITS technologies im-
plemented throughout the States.
(3) USE OF SERVICES OF STANDARDS-SETTING
ORGANIZATIONS.—In carrying out this subsection,
the Secretary may use the services of standards-set-
ting organizations.
(4) ESTABLISHMENT
OF
DEDICATED
SHORT-
RANGE
VEHICLE
TO
WAYSIDE
WIRELESS
STAND-
ARD.—In carrying out this subsection, the Secretary,
in consultation with the Secretary of Commerce, the
Secretary of Defense, and the Federal Communica-
tions Commission, shall take such actions as may be
necessary to secure the necessary spectrum for the
366
near-term establishment of a dedicated short-range
vehicle to wayside wireless standard.
(c) EVALUATIONS.—
(1) GUIDELINES
AND
REQUIREMENTS.—The
Secretary shall issue guidelines and requirements for
the evaluation of field and related operational tests
carried out under section 655 of this Act.
(2) OBJECTIVITY
AND
INDEPENDENCE.—The
guidelines and requirements issued under paragraph
(1) shall include provisions to ensure the objectivity
and independence of the evaluator and to avoid any
real or apparent conflict of interest or potential in-
fluence on the outcome by parties to the tests or any
other formal evaluation conducted under this sub-
title.
(3) NONAPPLICABILITY OF PAPERWORK REDUC-
TION ACT OF 1995.—The Paperwork Reduction Act
of 1995 (44 U.S.C. 3501–3520) shall not apply to
any survey, questionnaire, or interview that the Sec-
retary considers necessary to evaluate the tests or
assess activities carried out under this subtitle.
(d) INFORMATION CLEARINGHOUSE.—
(1) ESTABLISHMENT.—The Secretary shall es-
tablish and maintain a repository for technical and
safety data collected as a result of federally-spon-
367
sored projects under this subtitle and shall make,
upon request, such information (except for propri-
etary information and data) readily available to all
users of the repository at an appropriate cost.
(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 that
is not within the Department of Transportation. Any
entity to which such responsibility is delegated shall
be eligible for Federal assistance under this subtitle.
(e) ADVISORY COMMITTEES.—
(1) IN GENERAL.—The Secretary may utilize 1
or more advisory committees in carrying out this
subtitle.
(2) APPLICABILITY
OF
FEDERAL
ADVISORY
COMMITTEE ACT.—Any advisory committee utilized
under this subsection shall be subject to the Federal
Advisory Committee Act (5 U.S.C. App., 86 Stat.
770).
(3) FUNDING.—Funding provided for an advi-
sory committee utilized under this subsection shall
be available from moneys appropriated for advisory
committees as specified in relevant appropriations
Acts and from funds allocated for research, develop-
368
ment, and implementation activities in connection
with the ITS program.
(f) CONFORMITY WITH STANDARDS.—
(1) IN GENERAL.—The Secretary shall ensure
that ITS projects carried out using funds made
available out of the Highway Trust Fund conform to
the national ITS architecture and standards and
protocols developed under subsection (b).
(2) EXCEPTION.—Paragraph (1) shall not
apply to projects carried out using funds authorized
for specific research objectives in the National ITS
Program Plan under section 654 of this Act.
(g) LIFE-CYCLE COST ANALYSIS.—The Secretary
shall require an analysis of the life-cycle costs of each
project carried out using funds made available under this
subtitle, and each project authorized in section 656 of this
Act, for operations and maintenance of ITS elements,
where the total initial capital costs of the such elements
exceed $3,000,000.
(h) PROCUREMENT METHODS.—
(1) TECHNICAL
ASSISTANCE.—The Secretary
shall develop appropriate technical assistance and
guidance to assist State and local agencies in evalu-
ating and selecting appropriate methods of procure-
ment for its projects carried out using funds made