435
HR 2400 EAS
than $500,000 for each fiscal year may be made
available to carry out subsection (g).
‘‘(2) AVAILABILITY.—Funds authorized under
this subsection shall remain available for a period of
3 years after the last day of the fiscal year for which
the funds are authorized.
‘‘(3) CONTRACT AUTHORITY.—Funds authorized
under this subsection shall be available for obligation
in the same manner as if the funds were apportioned
under chapter 1 of title 23.’’.
(b) CONFORMING AMENDMENTS.—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. 2005. RESEARCH AND TECHNOLOGY PROGRAM.
Title 23, United States Code, is amended—
(1) in the table of chapters, by adding at the end
the following:
‘‘5. Research and Technology .............................................................
501’’;
and
(2) by adding at the end the following:
‘‘CHAPTER 5—RESEARCH AND
TECHNOLOGY
‘‘SUBCHAPTER I—RESEARCH AND TRAINING
‘‘Sec.
436
HR 2400 EAS
‘‘501. Definitions.
‘‘502. Research and technology program.
‘‘503. Advanced research program.
‘‘504. Long-term pavement performance program.
‘‘505. State planning and research program.
‘‘506. Education and training.
‘‘507. International highway transportation outreach program.
‘‘508. National technology deployment initiatives and partnerships program.
‘‘509. Infrastructure investment needs report.
‘‘510. Innovative bridge research and construction program.
‘‘511. Study of future strategic highway research program.
‘‘512. Transportation and environment cooperative research program.
‘‘513. Recycled materials resource center.
‘‘SUBCHAPTER II—INTELLIGENT TRANSPORTATION SYSTEMS
‘‘521. Purposes.
‘‘522. Definitions.
‘‘523. Cooperation, consultation, and analysis.
‘‘524. Research, development, and training.
‘‘525. Intelligent transportation system integration program.
‘‘526. Integration program for rural areas.
‘‘527. Commercial vehicle intelligent transportation system infrastructure.
‘‘528. Corridor development and coordination.
‘‘529. Standards.
‘‘530. Funding limitations.
‘‘531. Use of innovative financing.
‘‘532. Advisory committees.
‘‘SUBCHAPTER III—FUNDING
‘‘541. Funding.
‘‘SUBCHAPTER I—RESEARCH AND TRAINING
‘‘§ 501. Definitions
‘‘In this chapter:
‘‘(1) SAFETY.—The term ‘safety’ includes high-
way and traffic safety systems, research, and develop-
ment relating to vehicle, highway, driver, passenger,
bicyclist, and pedestrian characteristics, accident in-
vestigations, communications, emergency medical
care, and transportation of the injured.
‘‘(2) FEDERAL LABORATORY.—The term ‘Federal
laboratory’ includes a Government-owned, Govern-
437
HR 2400 EAS
ment-operated laboratory and a Government-owned,
contractor-operated laboratory.
‘‘§ 502. Research and technology program
‘‘(a) GENERAL
AUTHORITY
AND
COLLABORATIVE
AGREEMENTS.—
‘‘(1) AUTHORITY OF THE SECRETARY.—
‘‘(A) IN GENERAL.—The Secretary—
‘‘(i) shall carry out research, develop-
ment, and technology transfer activities
with respect to—
‘‘(I) motor carrier transportation;
‘‘(II) all phases of transportation
planning and development (including
construction, operation, modernization,
development, 
design, 
maintenance,
safety, financing, and traffic condi-
tions); and
‘‘(III) the effect of State laws on
the activities described in subclauses
(I) and (II); and
‘‘(ii) may test, develop, or assist in
testing and developing any material, inven-
tion, patented article, or process.
438
HR 2400 EAS
‘‘(B) COOPERATION, GRANTS, AND
CON-
TRACTS.—The Secretary may carry out this sec-
tion—
‘‘(i) independently;
‘‘(ii) in cooperation with other Federal
departments, agencies, and instrumental-
ities and multipurpose Federal laboratories;
or
‘‘(iii) by making grants to, or entering
into contracts, cooperative agreements, and
other transactions with, the National Acad-
emy of Sciences, the American Association
of State Highway and Transportation Offi-
cials, any Federal laboratory, any State
agency, authority, association, institution,
for-profit or nonprofit corporation, organi-
zation, foreign country, or person.
‘‘(C) TECHNICAL
INNOVATION.—The Sec-
retary shall develop and carry out programs to
facilitate the application of such products of re-
search and technical innovations as will improve
the safety, efficiency, and effectiveness of the
transportation system.
‘‘(D) FUNDS.—
439
HR 2400 EAS
‘‘(i) IN GENERAL.—Except as otherwise
specifically provided in other sections of this
chapter—
‘‘(I) to carry out this section, the
Secretary shall use—
‘‘(aa) funds made available
under section 541 for research,
technology, and training; and
‘‘(bb) such funds as may be
deposited by any cooperating or-
ganization or person in a special
account of the Treasury estab-
lished for this purpose; and
‘‘(II) the funds described in item
(aa) shall remain available for obliga-
tion for a period of 3 years after the
last day of the fiscal year for which the
funds are authorized.
‘‘(ii) USE OF FUNDS.—The Secretary
shall use funds described in clause (i) to de-
velop, administer, communicate, and pro-
mote the use of products of research, devel-
opment, and technology transfer programs
under this section.
440
HR 2400 EAS
‘‘(2) COLLABORATIVE RESEARCH AND DEVELOP-
MENT.—
‘‘(A) IN GENERAL.—To encourage innova-
tive solutions to surface transportation problems
and stimulate the deployment of new technology,
the Secretary may carry out, on a cost-shared
basis, collaborative research and development
with—
‘‘(i) non-Federal entities, including
State and local governments, foreign govern-
ments, colleges and universities, corpora-
tions, institutions, partnerships, sole pro-
prietorships, and trade associations that are
incorporated or established under the laws
of any State; and
‘‘(ii) multipurpose Federal labora-
tories.
‘‘(B) AGREEMENTS.—In carrying out this
paragraph, the Secretary may enter into cooper-
ative research and development agreements (as
defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C.
3710a)).
‘‘(C) FEDERAL SHARE.—
441
HR 2400 EAS
‘‘(i) IN GENERAL.—The Federal share
of the cost of activities carried out under a
cooperative research and development agree-
ment entered into under this paragraph
shall not exceed 50 percent, except that if
there is substantial public interest or bene-
fit, the Secretary may approve a greater
Federal share.
‘‘(ii) NON-FEDERAL SHARE.—All costs
directly incurred by the non-Federal part-
ners, including personnel, travel, and hard-
ware development costs, shall be credited to-
ward the non-Federal share of the cost of the
activities described in clause (i).
‘‘(D) USE OF TECHNOLOGY.—The research,
development, or use of a technology under a co-
operative research and development agreement
entered into under this paragraph, including the
terms under which the technology may be li-
censed and the resulting royalties may be dis-
tributed, shall be subject to the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.).
‘‘(3) 
WAIVER
OF
ADVERTISING
REQUIRE-
MENTS.—Section 3709 of the Revised Statutes (41
442
HR 2400 EAS
U.S.C. 5) shall not apply to a contract or agreement
entered into under this chapter.
‘‘(b) MANDATORY ELEMENTS OF PROGRAM.—The Sec-
retary shall include in the surface transportation research,
development, and technology transfer programs under this
section and as specified elsewhere in this title—
‘‘(1) a coordinated long-term program of re-
search for the development, use, and dissemination of
performance indicators to measure the performance of
the surface transportation systems of the United
States, including indicators for productivity, effi-
ciency, energy use, air quality, congestion, safety,
maintenance, and other factors that reflect the overall
performance of the system; and
‘‘(2) a program to strengthen and expand surface
transportation infrastructure research, development,
and technology transfer, which shall include, at a
minimum—
‘‘(A) methods and materials for improving
the durability of surface transportation infra-
structure facilities and extending the life of
bridge structures, including new and innovative
technologies to reduce corrosion;
‘‘(B) a research and development program
directed toward the reduction of costs, and the
443
HR 2400 EAS
mitigation of impacts, associated with the con-
struction of highways and mass transit systems;
‘‘(C) a surface transportation research pro-
gram to develop nondestructive evaluation equip-
ment for use with existing infrastructure facili-
ties and with next-generation infrastructure fa-
cilities that use advanced materials;
‘‘(D)(i) information technology, including
appropriate computer programs to collect and
analyze data on the status of infrastructure fa-
cilities described in subparagraph (C) with re-
spect to enhancing management, growth, and ca-
pacity; and
‘‘(ii) dynamic simulation models of surface
transportation systems for—
‘‘(I) predicting capacity, safety, and
infrastructure durability problems;
‘‘(II) 
evaluating 
planned 
research
projects; and
‘‘(III) testing the strengths and weak-
nesses of proposed revisions to surface trans-
portation operation programs;
‘‘(E) new innovative technologies to enhance
and facilitate field construction and rehabilita-
444
HR 2400 EAS
tion techniques for minimizing disruption dur-
ing repair and maintenance of structures;
‘‘(F) initiatives to improve the ability of the
United States to respond to emergencies and nat-
ural disasters and to enhance national defense
mobility;
‘‘(G) an evaluation of traffic calming meas-
ures that promote community preservation,
transportation mode choice, and safety; and
‘‘(H) research on telecommuting, research
on the linkages between transportation, informa-
tion technology, and community development,
and research on the impacts of technological
change and economic restructuring on travel de-
mand.
‘‘(c) REPORT ON GOALS, MILESTONES, AND ACCOM-
PLISHMENTS.—The goals, milestones, and accomplishments
relevant to each of the mandatory program elements de-
scribed in subsection (b) shall be specified in the report re-
quired under section 5221(d) of title 49.’’.
SEC. 2006. ADVANCED RESEARCH PROGRAM.
Subchapter I of chapter 5 of title 23, United States
Code (as added by section 2005), is amended by adding at
the end the following:
445
HR 2400 EAS
‘‘§ 503. Advanced research program
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary shall establish
an advanced research program within the Federal
Highway Administration to address longer-term,
higher-risk research that shows potential benefits for
improving the durability, mobility, efficiency, envi-
ronmental impact, productivity, and safety of trans-
portation systems.
‘‘(2) DEVELOPMENT OF PARTNERSHIPS.—In car-
rying out the program, the Secretary shall attempt to
develop partnerships with the public and private sec-
tors.
‘‘(b) GRANTS, COOPERATIVE AGREEMENTS, AND CON-
TRACTS.—Under the program, the Secretary may make
grants and enter into cooperative agreements and contracts
for advanced research.
‘‘(c) AUTHORIZATION OF CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—There shall be available from
the Highway Trust Fund (other than the Mass Tran-
sit Account) to carry out this section $5,000,000 for
fiscal year 1998, $7,000,000 for fiscal year 1999,
$9,000,000 for fiscal year 2000, and $10,000,000 for
each of fiscal years 2001 through 2003.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized
under this section shall be available for obligation in
446
HR 2400 EAS
the same manner as if the funds were apportioned
under chapter 1, except that the Federal share of the
cost of any activity funded under this subsection shall
be determined by the Secretary.’’.
SEC. 2007. LONG-TERM PAVEMENT PERFORMANCE PRO-
GRAM.
Subchapter I of chapter 5 of title 23, United States
Code (as amended by section 2006), is amended by adding
at the end the following:
‘‘§ 504. Long-term pavement performance program
‘‘(a) AUTHORITY.—The Secretary shall complete the
long-term pavement performance program tests initiated
under the strategic highway research program established
under section 307(d) (as in effect on the day before the date
of enactment of this section) and continued by the Inter-
modal Surface Transportation Efficiency Act of 1991 (Pub-
lic Law 102–240) through the midpoint of a planned 20-
year life of the long-term pavement performance program
(referred to in this section as the ‘program’).
‘‘(b) GRANTS, COOPERATIVE AGREEMENTS, AND CON-
TRACTS.—Under the program, the Secretary shall make
grants and enter into cooperative agreements and contracts
to—
447
HR 2400 EAS
‘‘(1) monitor, material-test, and evaluate high-
way test sections in existence as of the date of the
grant, agreement, or contract;
‘‘(2) analyze the data obtained in carrying out
paragraph (1); and
‘‘(3) prepare products to fulfill program objec-
tives and meet future pavement technology needs.
‘‘(c) AUTHORIZATION OF CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—There shall be available from
the Highway Trust Fund (other than the Mass Tran-
sit Account) to carry out this section $15,000,000 for
each of fiscal years 1998 through 2003.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized
under this subsection shall be available for obligation
in the same manner as if the funds were apportioned
under chapter 1, except that—
‘‘(A) the Federal share of the cost of any ac-
tivity funded under this section shall be deter-
mined by the Secretary; and
‘‘(B) the funds shall remain available for
obligation for a period of 3 years after the last
day of the fiscal year for which the funds are au-
thorized.’’.
448
HR 2400 EAS
SEC. 2008. STATE PLANNING AND RESEARCH PROGRAM.
Subchapter I of chapter 5 of title 23, United States
Code (as amended by section 2007), is amended by adding
at the end the following:
‘‘§ 505. State planning and research program
‘‘(a) IN GENERAL.—
‘‘(1) AVAILABILITY OF FUNDS.—Two percent of
the sums apportioned for fiscal year 1998 and each
fiscal year thereafter to any State under section 104
(except section 104(f)) and any transfers or additions
to the surface transportation program under section
133 shall be available for expenditure by the State
transportation department, in consultation with the
Secretary, in accordance with this section.
‘‘(2) USE OF FUNDS.—The sums referred to in
paragraph (1) shall be available only for—
‘‘(A) intermodal metropolitan, statewide,
and nonmetropolitan planning under sections
134 and 135;
‘‘(B) development and implementation of
management systems referred to in section 303;
‘‘(C) studies, research, development, and
technology transfer activities necessary for the
planning, design, construction, management, op-
eration, maintenance, regulation, and taxation
of the use of surface transportation systems, in-
449
HR 2400 EAS
cluding training and accreditation of inspection
and testing on engineering standards and con-
struction materials for the systems; and
‘‘(D) studies of the economy, safety, and
convenience of surface transportation usage and
the desirable regulation and equitable taxation of
surface transportation usage.
‘‘(b) MINIMUM EXPENDITURES
ON STUDIES, RE-
SEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER AC-
TIVITIES.—
‘‘(1) IN GENERAL.—For each fiscal year, not less
than 25 percent of the funds of a State that are sub-
ject to subsection (a) shall be expended by the State
transportation department for studies, research, devel-
opment, and technology transfer activities described
in subparagraphs (C) and (D) of subsection (a)(2)
unless the State certifies to the Secretary for the fiscal
year that the total expenditures by the State transpor-
tation department for transportation planning under
sections 134 and 135 will exceed 75 percent of the
amount of the funds and the Secretary accepts the
certification.
‘‘(2) EXEMPTION
FROM
SMALL
BUSINESS
AS-
SESSMENT.—Funds expended under paragraph (1)
shall not be considered to be part of the extramural
450
HR 2400 EAS
budget of the agency for the purpose of section 9 of
the Small Business Act (15 U.S.C. 638).
‘‘(c) FEDERAL SHARE.—The Federal share of the cost
of a project financed with funds referred to in 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 FUNDS.—Funds referred to
in subsection (a) shall be combined and administered by
the Secretary as a single fund, which shall be available for
obligation for the same period as funds apportioned under
section 104(b)(1).’’.
SEC. 2009. EDUCATION AND TRAINING.
Subchapter I of chapter 5 of title 23, United States
Code (as amended by section 2008), is amended by adding
at the end the following:
‘‘§ 506. Education and training
‘‘(a) LOCAL TECHNICAL ASSISTANCE PROGRAM.—
‘‘(1) AUTHORITY.—The Secretary shall carry out
a transportation assistance program that will provide
access to modern highway technology to—
‘‘(A) highway and transportation agencies
in urbanized areas with populations of between
50,000 and 1,000,000 individuals;
451
HR 2400 EAS
‘‘(B) highway and transportation agencies
in rural areas; and
‘‘(C) contractors that do work for the agen-
cies.
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND
CONTRACTS.—The Secretary may make grants and
enter into cooperative agreements and contracts to
provide education and training, technical assistance,
and related support services that will—
‘‘(A) assist rural, local transportation agen-
cies and tribal governments, and the consultants
and construction personnel working for the agen-
cies and governments, to—
‘‘(i) develop and expand their expertise
in road and transportation areas (including
pavement, bridge, safety management sys-
tems, and traffic safety countermeasures);
‘‘(ii) improve roads and bridges;
‘‘(iii) enhance—
‘‘(I) programs for the movement of
passengers and freight; and
‘‘(II) intergovernmental transpor-
tation planning and project selection;
and
452
HR 2400 EAS
‘‘(iv) deal effectively with special
transportation-related problems by prepar-
ing and providing training packages,
manuals, guidelines, and technical resource
materials;
‘‘(B) identify, package, and deliver trans-
portation technology and traffic safety informa-
tion to local jurisdictions to assist urban trans-
portation agencies in developing and expanding
their ability to deal effectively with transpor-
tation-related problems;
‘‘(C) operate, in cooperation with State
transportation departments and universities—
‘‘(i) local technical assistance program
centers to provide transportation technology
transfer services to rural areas and to ur-
banized areas with populations of between
50,000 and 1,000,000 individuals; and
‘‘(ii) local technical assistance program
centers designated to provide transportation
technical assistance to Indian tribal govern-
ments; and
‘‘(D) allow local transportation agencies
and tribal governments, in cooperation with the
453
HR 2400 EAS
private sector, to enhance new technology imple-
mentation.
‘‘(3) AUTHORIZATION
OF
CONTRACT
AUTHOR-
ITY.—
‘‘(A) IN GENERAL.—There shall be available
from the Highway Trust Fund (other than the
Mass Transit Account) $7,000,000 for fiscal year
1998, $7,000,000 for fiscal year 1999, $7,000,000
for fiscal year 2000, $8,000,000 for fiscal year
2001, $8,000,000 for fiscal year 2002, and
$8,000,000 for fiscal year 2003 to be used to de-
velop and administer the program established
under this section and to provide technical and
financial support for the centers operated under
paragraph (2)(C).
‘‘(B) CONTRACT
AUTHORITY.—Funds au-
thorized under this paragraph shall be available
for obligation in the same manner as if the funds
were apportioned under chapter 1, except that—
‘‘(i) the Federal share of the cost of any
activity under this subsection shall be deter-
mined by the Secretary; and
‘‘(ii) the funds shall remain available
for obligation for a period of 3 years after
454
HR 2400 EAS
the last day of the fiscal year for which the
funds are authorized.
‘‘(b) NATIONAL HIGHWAY INSTITUTE.—
‘‘(1) ESTABLISHMENT; DUTIES; PROGRAMS.—
‘‘(A) ESTABLISHMENT.—The Secretary shall
establish and operate in the Federal Highway
Administration a National Highway Institute
(referred to in this subsection as the ‘Institute’).
‘‘(B) DUTIES.—
‘‘(i) INSTITUTE.—In cooperation with
State transportation departments, United
States industry, and any national or inter-
national entity, the Institute shall develop
and administer education and training pro-
grams of instruction for—
‘‘(I) Federal Highway Adminis-
tration, State, and local transportation
agency employees;
‘‘(II) regional, State, and metro-
politan planning organizations;
‘‘(III) State and local police, pub-
lic safety, and motor vehicle employees;
and
‘‘(IV) United States citizens and
foreign nationals engaged or to be en-
455
HR 2400 EAS
gaged in surface transportation work
of interest to the United States.
‘‘(ii) SECRETARY.—The Secretary shall
administer, through the Institute, the au-
thority vested in the Secretary by this title
or by any other law for the development
and conduct of education and training pro-
grams relating to highways.
‘‘(C) TYPES OF PROGRAMS.—Programs that
the Institute may develop and administer may
include courses in modern developments, tech-
niques, methods, regulations, management, and
procedures relating to—
‘‘(i) surface transportation;
‘‘(ii) environmental factors;
‘‘(iii) acquisition of rights-of-way;
‘‘(iv) relocation assistance;
‘‘(v) engineering;
‘‘(vi) safety;
‘‘(vii) construction;
‘‘(viii) maintenance;
‘‘(ix) operations;
‘‘(x) contract administration;
‘‘(xi) motor carrier activities;
‘‘(xii) inspection; and
456
HR 2400 EAS
‘‘(xiii) highway finance.
‘‘(2) SET-ASIDE; FEDERAL SHARE.—Not to ex-
ceed 1⁄4 of 1 percent of the funds apportioned to a
State under section 104(b)(3) for the surface transpor-
tation program shall be available for expenditure by
the State transportation department for the payment
of not to exceed 80 percent of the cost of tuition and
direct educational expenses (excluding travel, subsist-
ence, or salaries) in connection with the education
and training of employees of State and local trans-
portation agencies in accordance with this subsection.
‘‘(3) FEDERAL RESPONSIBILITY.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), education and training of
employees of Federal, State, and local transpor-
tation (including highway) agencies authorized
under this subsection may be provided—
‘‘(i) by the Secretary at no cost to the
States and local governments if the Sec-
retary determines that provision at no cost
is in the public interest; or
‘‘(ii) by the State through grants, coop-
erative agreements, and contracts with pub-
lic and private agencies, institutions, indi-
viduals, and the Institute.
457
HR 2400 EAS
‘‘(B) PAYMENT OF FULL COST BY PRIVATE
PERSONS.—Private agencies, international or
foreign entities, and individuals shall pay the
full cost of any education and training received
by them unless the Secretary determines that a
lower cost is of critical importance to the public
interest.
‘‘(4) TRAINING FELLOWSHIPS; COOPERATION.—
The Institute may—
‘‘(A) engage in training activities author-
ized under this subsection, including the grant-
ing of training fellowships; and
‘‘(B) carry out its authority independently
or in cooperation with any other branch of the
Federal Government or any State agency, au-
thority, association, institution, for-profit or
nonprofit corporation, other national or inter-
national entity, or other person.
‘‘(5) COLLECTION OF FEES.—
‘‘(A) GENERAL RULE.—In accordance with
this subsection, the Institute may assess and col-
lect fees solely to defray the costs of the Institute
in developing or administering education and
training programs under this subsection.
458
HR 2400 EAS
‘‘(B) LIMITATION.—Fees may be assessed
and collected under this subsection only in a
manner that may reasonably be expected to re-
sult in the collection of fees during any fiscal
year in an aggregate amount that does not ex-
ceed the aggregate amount of the costs referred to
in subparagraph (A) for the fiscal year.
‘‘(C) PERSONS
SUBJECT
TO
FEES.—Fees
may be assessed and collected under this sub-
section only with respect to—
‘‘(i) persons and entities for whom edu-
cation or training programs are developed
or administered under this subsection; and
‘‘(ii) persons and entities to whom edu-
cation or training is provided under this
subsection.
‘‘(D) AMOUNT OF FEES.—The fees assessed
and collected under this subsection shall be estab-
lished in a manner that ensures that the liability
of any person or entity for a fee is reasonably
based on the proportion of the costs referred to
in subparagraph (A) that relate to the person or
entity.
‘‘(E) USE.—All fees collected under this
subsection shall be used to defray costs associated
459
HR 2400 EAS
with the development or administration of edu-
cation and training programs authorized under
this subsection.
‘‘(6) FUNDING.—
‘‘(A) AUTHORIZATION
OF
CONTRACT
AU-
THORITY.—There shall be available from the
Highway Trust Fund (other than the Mass
Transit Account) to carry out this subsection
$5,000,000 for fiscal year 1998, $5,000,000 for
fiscal year 1999, $5,000,000 for fiscal year 2000,
$6,000,000 for fiscal year 2001, $6,000,000 for
fiscal year 2002, and $6,000,000 for fiscal year
2003.
‘‘(B) RELATION TO FEES.—The funds pro-
vided under this paragraph may be combined
with or held separate from the fees collected
under paragraph (5).
‘‘(C) CONTRACT
AUTHORITY.—Funds au-
thorized under this paragraph shall be available
for obligation in the same manner as if the funds
were apportioned under chapter 1, except that—
‘‘(i) the Federal share of the cost of any
activity under this subsection shall be deter-
mined by the Secretary; and
460
HR 2400 EAS
‘‘(ii) the funds shall remain available
for obligation for a period of 1 year after
the last day of the fiscal year for which the
funds are authorized.
‘‘(7) CONTRACTS.—Section 3709 of the Revised
Statutes (41 U.S.C. 5) shall not apply to a contract
or agreement entered into under this subsection.
‘‘(c) DWIGHT DAVID EISENHOWER TRANSPORTATION
FELLOWSHIP PROGRAM.—
‘‘(1) GENERAL AUTHORITY.—The Secretary, act-
ing independently or in cooperation with other Fed-
eral departments, agencies, and instrumentalities,
may make grants for fellowships for any purpose for
which research, technology, or capacity building is
authorized under this chapter.
‘‘(2) DWIGHT
DAVID
EISENHOWER
TRANSPOR-
TATION FELLOWSHIP PROGRAM.—
‘‘(A) IN
GENERAL.—The Secretary shall
carry out a transportation fellowship program,
to be known as the ‘Dwight David Eisenhower
Transportation Fellowship Program’, for the
purpose of attracting qualified students to the
field of transportation.
461
HR 2400 EAS
‘‘(B) TYPES
OF
FELLOWSHIPS.—The pro-
gram shall offer fellowships at the junior through
postdoctoral levels of college education.
‘‘(C) CITIZENSHIP.—Each recipient of a fel-
lowship under the program shall be a United
States citizen.
‘‘(3) AUTHORIZATION
OF
CONTRACT
AUTHOR-
ITY.—
‘‘(A) IN GENERAL.—There shall be available
from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this sub-
section $2,000,000 for each of fiscal years 1998
through 2003.
‘‘(B) CONTRACT
AUTHORITY.—Funds au-
thorized under this paragraph shall be available
for obligation in the same manner as if the funds
were apportioned under chapter 1, except that—
‘‘(i) the Federal share of the cost of any
activity funded under this subsection shall
be determined by the Secretary; and
‘‘(ii) the funds shall remain available
for obligation for a period of 1 year after
the last day of the fiscal year for which the
funds are authorized.
462
HR 2400 EAS
‘‘(d) 
HIGHWAY
CONSTRUCTION
TRAINING
PRO-
GRAMS.—
‘‘(1) USE OF FUNDS BY THE SECRETARY.—
‘‘(A) IN GENERAL.—The Secretary, in co-
operation with any other department or agency
of the Federal Government, State agency, author-
ity, association, institution, Indian tribal gov-
ernment, for-profit or nonprofit corporation, or
other organization or person, may—
‘‘(i) develop, conduct, and administer
highway construction and technology train-
ing, including skill improvement, programs;
and
‘‘(ii) develop and fund Summer Trans-
portation Institutes.
‘‘(B) WAIVER
OF
ADVERTISING
REQUIRE-
MENTS.—Section 3709 of the Revised Statutes
(41 U.S.C. 5) shall not apply to a contract or
agreement entered into by the Secretary under
this subsection.
‘‘(C) FUNDING.—
‘‘(i) IN GENERAL.—Before making ap-
portionments under section 104(b) for a fis-
cal year, the Secretary shall deduct such
sums as the Secretary determines are nec-
463
HR 2400 EAS
essary, but not to exceed $10,000,000 for
each fiscal year, to carry out this sub-
section.
‘‘(ii) AVAILABILITY.—Sums deducted
under clause (i) shall remain available
until expended.
‘‘(2) USE OF FUNDS APPORTIONED TO STATES.—
Notwithstanding any other provision of law, upon re-
quest of a State transportation department to the Sec-
retary, not to exceed 1⁄2 of 1 percent of the funds ap-
portioned to the State for a fiscal year under para-
graphs (1) and (3) of section 104(b) may be made
available to carry out this subsection.
‘‘(3) RESERVATION OF TRAINING POSITIONS FOR
INDIVIDUALS RECEIVING WELFARE ASSISTANCE.—In
carrying out this subsection, the Secretary and States
may reserve training positions for individuals who
receive welfare assistance from a State.’’.
SEC. 2010. INTERNATIONAL HIGHWAY TRANSPORTATION
OUTREACH PROGRAM.
(a) IN GENERAL.—Title 23, United States Code, is
amended—
(1) by redesignating section 325 as section 507;
464
HR 2400 EAS
(2) by moving that section to appear at the end
of subchapter I of chapter 5 (as amended by section
2009);
(3) in subsection (a) of that section, by inserting
‘‘, goods, and services’’ after ‘‘expertise’’; and
(4) by striking subsection (c) of that section and
inserting the following:
‘‘(c) USE OF FUNDS.—
‘‘(1) FUNDS DEPOSITED IN SPECIAL ACCOUNT.—
Funds available to carry out this section shall include
funds deposited by any cooperating organization or
person in a special account for the program estab-
lished under this section with the Secretary of the
Treasury.
‘‘(2) USE OF FUNDS.—The funds deposited in the
special account and other funds available to carry out
this section shall be available to pay the cost of any
activity eligible under this section, including the cost
of promotional materials, travel, reception and rep-
resentation expenses, and salaries and benefits of offi-
cers and employees of the Department of Transpor-
tation.
‘‘(3) REIMBURSEMENTS.—Reimbursements for
the salaries and benefits of Federal Highway Admin-
465
HR 2400 EAS
istration employees who provide services under this
section shall be credited to the special account.
‘‘(d) ELIGIBLE USE OF STATE PLANNING AND RE-
SEARCH FUNDS.—A State, in coordination with the Sec-
retary, may obligate funds made available to carry out sec-
tion 505 for any activity authorized under subsection (a).’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 3 of title 23, United States Code, is amended by
striking the item relating to section 325.
SEC. 2011. NATIONAL TECHNOLOGY DEPLOYMENT INITIA-
TIVES AND PARTNERSHIPS PROGRAM.
Subchapter I of chapter 5 of title 23, United States
Code (as amended by section 2010), is amended by adding
at the end the following:
‘‘§ 508. National technology deployment initiatives
and partnerships program
‘‘(a) ESTABLISHMENT.—The Secretary shall develop
and administer a national technology deployment initia-
tives and partnerships program (referred to in this section
as the ‘program’).
‘‘(b) PURPOSE.—The purpose of the program is to sig-
nificantly accelerate the adoption of innovative technologies
by the surface transportation community.
‘‘(c) DEPLOYMENT GOALS.—
466
HR 2400 EAS
‘‘(1) ESTABLISHMENT.—Not later than 180 days
after the date of enactment of this Act, the Secretary
shall establish not more than 5 deployment goals to
carry out subsection (a).
‘‘(2) DESIGN.—Each of the goals and the pro-
gram developed to achieve the goals shall be designed
to provide tangible benefits, with respect to transpor-
tation systems, in the areas of efficiency, safety, reli-
ability, service life, environmental protection, or sus-
tainability.
‘‘(3) STRATEGIES FOR ACHIEVEMENT.—For each
goal, the Secretary, in cooperation with representa-
tives of the transportation community such as States,
local governments, the private sector, and academia,
shall use domestic and international technology to de-
velop strategies and initiatives to achieve the goal, in-
cluding technical assistance in deploying technology
and mechanisms for sharing information among pro-
gram participants.
‘‘(d) CONTINUATION
OF
SHRP PARTNERSHIPS.—
Under the program, the Secretary shall continue the part-
nerships established through the strategic highway research
program established under section 307(d) (as in effect on
the day before the date of enactment of this section).
467
HR 2400 EAS
‘‘(e) GRANTS, COOPERATIVE AGREEMENTS, AND CON-
TRACTS.—Under the program, the Secretary may make
grants and enter into cooperative agreements and contracts
to foster alliances and support efforts to stimulate advances
in transportation technology, including—
‘‘(1) the testing and evaluation of products of the
strategic highway research program;
‘‘(2) the further development and implementation
of technology in areas such as the Superpave system
and the use of lithium salts to prevent and mitigate
alkali silica reactivity; and
‘‘(3) the provision of support for long-term pave-
ment performance product implementation and tech-
nology access.
‘‘(f) REPORTS.—Not later than 18 months after the
date of enactment of this section, and biennially thereafter,
the Secretary shall submit to the Committee on Environ-
ment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of Rep-
resentatives a report on the progress and results of activities
carried out under this section.
‘‘(g) FUNDING.—
‘‘(1) AUTHORIZATION
OF
CONTRACT
AUTHOR-
ITY.—There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to
468
HR 2400 EAS
carry out this section $50,000,000 for each of fiscal
years 1998 through 2003, of which not less than
$500,000 shall be made available to carry out the
study under section 511.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized
under this subsection shall be available for obligation
in the same manner as if the funds were apportioned
under chapter 1, except that—
‘‘(A) the Federal share of the cost of any ac-
tivity under this section shall be determined by
the Secretary; and
‘‘(B) the funds shall remain available for
obligation for a period of 3 years after the last
day of the fiscal year for which the funds are au-
thorized.
‘‘(3) ALLOCATION.—To the extent appropriate to
achieve the goals established under subsection (c), the
Secretary may further allocate funds made available
under this subsection to States for their use.’’.
SEC. 2012. INFRASTRUCTURE INVESTMENT NEEDS REPORT.
Subchapter I of chapter 5 of title 23, United States
Code (as amended by section 2011), is amended by adding
at the end the following:
469
HR 2400 EAS
‘‘§ 509. Infrastructure investment needs report
‘‘(a) IN GENERAL.—Not later than January 31, 1999,
and January 31 of every second year thereafter, the Sec-
retary shall report to the Committee on Environment and
Public Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives
on—
‘‘(1) estimates of the future highway and bridge
needs of the United States; and
‘‘(2) the backlog of current highway and bridge
needs.
‘‘(b) FORMAT.—Each report under subsection (a) shall,
at a minimum, include explanatory materials, data, and
tables comparable in format to the report submitted in 1995
under section 307(h) (as in effect on the day before the date
of enactment of this section).’’.
SEC. 2013. INNOVATIVE BRIDGE RESEARCH AND CON-
STRUCTION PROGRAM.
Subchapter I of chapter 5 of title 23, United States
Code (as amended by section 2012), is amended by adding
at the end the following:
‘‘§ 510. Innovative bridge research and construction
program
‘‘(a) IN GENERAL.—The Secretary shall establish and
carry out a program to demonstrate the application of in-
470
HR 2400 EAS
novative material technology in the construction of bridges
and other structures.
‘‘(b) GOALS.—The goals of the program shall include—
‘‘(1) the development of new, cost-effective inno-
vative material highway bridge applications;
‘‘(2) the reduction of maintenance costs and life-
cycle costs of bridges, including the costs of new con-
struction, replacement, or rehabilitation of deficient
bridges;
‘‘(3) the development of construction techniques
to increase safety and reduce construction time and
traffic congestion;
‘‘(4) the development of engineering design cri-
teria for innovative products and materials for use in
highway bridges and structures;
‘‘(5) the development of cost-effective and innova-
tive techniques to separate vehicle and pedestrian
traffic from railroad traffic;
‘‘(6) the development of highway bridges and
structures that will withstand natural disasters, in-
cluding alternative processes for the seismic retrofit of
bridges; and
‘‘(7) the development of new nondestructive
bridge evaluation technologies and techniques.
471
HR 2400 EAS
‘‘(c) GRANTS, COOPERATIVE AGREEMENTS, AND CON-
TRACTS.—
‘‘(1) IN GENERAL.—Under the program, the Sec-
retary shall make grants to, and enter into coopera-
tive agreements and contracts with—
‘‘(A) States, other Federal agencies, univer-
sities and colleges, private sector entities, and
nonprofit organizations to pay the Federal share
of the cost of research, development, and tech-
nology transfer concerning innovative materials;
and
‘‘(B) States to pay the Federal share of the
cost of repair, rehabilitation, replacement, and
new construction of bridges or structures that
demonstrates the application of innovative mate-
rials.
‘‘(2) GRANTS.—
‘‘(A) APPLICATIONS.—
‘‘(i) SUBMISSION.—To receive a grant
under this section, an entity described in
paragraph (1) shall submit an application
to the Secretary.
‘‘(ii) 
CONTENTS.—The 
application
shall be in such form and contain such in-
formation as the Secretary may require.
472
HR 2400 EAS
‘‘(B) APPROVAL CRITERIA.—The Secretary
shall select and approve applications for grants
under this section based on whether the project
that is the subject of the grant meets the goals of
the program described in subsection (b).
‘‘(d) TECHNOLOGY AND INFORMATION TRANSFER.—
The Secretary shall take such action as is necessary to en-
sure that the information and technology resulting from re-
search conducted under subsection (c) is made available to
State and local transportation departments and other inter-
ested parties as specified by the Secretary.
‘‘(e) FEDERAL SHARE.—The Federal share of the cost
of a project under this section shall be determined by the
Secretary.
‘‘(f) AUTHORIZATION OF CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—There shall be available from
the Highway Trust Fund (other than the Mass Tran-
sit Account)—
‘‘(A) to carry out subsection (c)(1)(A)
$1,000,000 for each of fiscal years 1998 through
2003; and
‘‘(B) to carry out subsection (c)(1)(B)—
‘‘(i) $10,000,000 for fiscal year 1998;
‘‘(ii) $15,000,000 for fiscal year 1999;
473
HR 2400 EAS
‘‘(iii) $17,000,000 for fiscal year 2000;
and
‘‘(iv) $20,000,000 for each of fiscal
years 2001 through 2003.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized
under this subsection shall be made available for obli-
gation in the same manner as if the funds were ap-
portioned under chapter 1, except that the Federal
share of the cost of a project under this section shall
be determined in accordance with this section.’’.
SEC. 2014. USE OF BUREAU OF INDIAN AFFAIRS ADMINIS-
TRATIVE FUNDS.
Section 204(b) of title 23, United States Code, is
amended in the last sentence by striking ‘‘326’’ and insert-
ing ‘‘506’’.
SEC. 2015. STUDY OF FUTURE STRATEGIC HIGHWAY RE-
SEARCH PROGRAM.
Subchapter I of chapter 5 of title 23, United States
Code (as amended by section 2013), is amended by adding
at the end the following:
‘‘§ 511. Study of future strategic highway research
program
‘‘(a) STUDY.—
‘‘(1) IN
GENERAL.—Not later than 120 days
after the date of enactment of this section, the Sec-
474
HR 2400 EAS
retary shall make a grant to, or enter into a coopera-
tive agreement or contract with, the Transportation
Research Board of the National Academy of Sciences
(referred to in this section as the ‘Board’) to conduct
a study to determine the goals, purposes, research
agenda and projects, administrative structure, and
fiscal needs for a new strategic highway research pro-
gram to replace the program established under section
307(d) (as in effect on the day before the date of en-
actment of this section), or a similar effort.
‘‘(2) CONSULTATION.—In conducting the study,
the Board shall consult with the American Associa-
tion of State Highway and Transportation Officials
and such other entities as the Board determines to be
necessary to the conduct of the study.
‘‘(b) REPORT.—Not later than 5 years after making
a grant or entering into a cooperative agreement or contract
under subsection (a), the Board shall submit a final report
on the results of the study to the Secretary, the Committee
on Environment and Public Works of the Senate, and the
Committee on Transportation and Infrastructure of the
House of Representatives.’’.
475
HR 2400 EAS
SEC. 2016. ADVANCED VEHICLE TECHNOLOGIES PROGRAM.
(a) IN GENERAL.—Subchapter I of chapter 3 of sub-
title I of title 49, United States Code, is amended by adding
at the end the following:
‘‘§ 310. Advanced vehicle technologies program
‘‘(a) PURPOSES.—The Secretary of Transportation, in
coordination with other government agencies and private
consortia, shall encourage and promote the research, devel-
opment, and deployment of transportation technologies that
will use technological advances in multimodal vehicles, ve-
hicle components, environmental technologies, and related
infrastructure to remove impediments to an efficient and
cost-effective national transportation system.
‘‘(b) DEFINITION OF ELIGIBLE CONSORTIUM.—In this
section, the term ‘eligible consortium’ means a consortium
that receives funding under the Department of Defense Ap-
propriations Act, 1993 (Public Law 102–396; 106 Stat.
1876), and that comprises 2 or more of the following enti-
ties:
‘‘(1) Businesses incorporated in the United
States.
‘‘(2) Public or private educational or research
organizations located in the United States.
‘‘(3) Entities of State or local governments in the
United States.
‘‘(4) Federal laboratories.
476
HR 2400 EAS
‘‘(c) PROGRAM.—The Secretary shall enter into con-
tracts, cooperative agreements, and other transactions as
authorized by section 2371 of title 10 with, and make grants
to, eligible consortia to promote the development and de-
ployment of innovation in transportation technology serv-
ices, management, and operational practices.
‘‘(d) ELIGIBILITY CRITERIA.—To be eligible to receive
assistance under this section, an eligible consortium shall—
‘‘(1) for a period of not less than the 3 years pre-
ceding the date of a contract, cooperative agreement,
or other transaction, be organized on a statewide or
multistate basis for the purpose of designing, develop-
ing, and deploying transportation technologies that
address identified technological impediments in the
transportation field;
‘‘(2) facilitate the participation in the consor-
tium of small- and medium-sized businesses, utilities,
public laboratories and universities, and other rel-
evant entities;
‘‘(3) be actively engaged in transportation tech-
nology projects that address compliance in nonattain-
ment areas under the Clean Air Act (42 U.S.C. 7401
et seq.);
477
HR 2400 EAS
‘‘(4) be designed to use Federal and State fund-
ing to attract private capital in the form of grants
or investments to carry out this section; and
‘‘(5) ensure that at least 50 percent of the fund-
ing for the consortium project will be provided by
non-Federal sources.
‘‘(e) PROPOSALS.—The Secretary shall prescribe such
terms and conditions as the Secretary determines to be ap-
propriate for the content and structure of proposals submit-
ted for assistance under this section.
‘‘(f) REPORTING REQUIREMENTS.—At least once each
year, the Secretary shall submit to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public Works
of the Senate a report on the projects undertaken by the
eligible consortia and the progress made in advancing the
purposes of this section.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $50,000,000 for
each of fiscal years 1998 through 2003, to remain
available until expended.
‘‘(2) 
AVAILABILITY.—Notwithstanding 
section
118(a), funds made available under paragraph (1)
478
HR 2400 EAS
shall not be available in advance of an annual appro-
priation.’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 3 of subtitle I of title 49, United States
Code, is amended by adding at the end the following:
‘‘310. Advanced vehicle technologies program.’’.
SEC. 2017. TRANSPORTATION AND ENVIRONMENT COOPER-
ATIVE RESEARCH PROGRAM.
Subchapter I of chapter 5 of title 23, United States
Code (as amended by section 2015), is amended by adding
at the end the following:
‘‘§ 512. Transportation and environment cooperative
research program
‘‘(a) IN GENERAL.—The Secretary shall establish and
carry out a transportation and environment cooperative re-
search program.
‘‘(b) ADVISORY BOARD.—
‘‘(1) ESTABLISHMENT.—In consultation with the
Secretary of Energy and the Administrator of the En-
vironmental Protection Agency, the Secretary shall es-
tablish an advisory board to recommend environ-
mental and energy conservation research, technology,
and technology transfer activities related to surface
transportation.
‘‘(2) MEMBERSHIP.—The advisory board shall
include—
479
HR 2400 EAS
‘‘(A) representatives of State transportation
and environmental agencies;
‘‘(B) transportation and environmental sci-
entists and engineers; and
‘‘(C) representatives of metropolitan plan-
ning organizations, transit operating agencies,
and environmental organizations.
‘‘(3) 
DEVELOPMENT
OF
RESEARCH
PRIOR-
ITIES.—In developing recommendations for priorities
for research described in paragraph (1), the advisory
board shall consider the research recommendations of
the National Research Council report entitled ‘Envi-
ronmental Research Needs in Transportation’.
‘‘(4) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the advisory board.
‘‘(c) NATIONAL ACADEMY OF SCIENCES.—
‘‘(1) IN
GENERAL.—The Secretary may make
grants to, and enter into cooperative agreements with,
the National Academy of Sciences to carry out such
activities related to the research, technology, and tech-
nology transfer activities described in subsection
(b)(1) as the Secretary determines to be appropriate.
‘‘(2) ECOSYSTEM INTEGRITY STUDY.—
480
HR 2400 EAS
‘‘(A) IN
GENERAL.—The Secretary shall
give priority to conducting a study of, and pre-
paring a report on, the relationship between
highway density and ecosystem integrity, includ-
ing an analysis of the habitat-level impacts of
highway density on the overall health of eco-
systems.
‘‘(B) PROPOSAL
OF
RAPID
ASSESSMENT
METHODOLOGY.—To aid transportation and reg-
ulatory agencies, the report shall propose a rapid
assessment methodology for determining the rela-
tionship between highway density and ecosystem
integrity.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $5,000,000 for
each of fiscal years 1998 through 2003.
‘‘(2) 
AVAILABILITY.—Notwithstanding 
section
118(a), funds made available under paragraph (1)
shall not be available in advance of an annual appro-
priation.’’.
SEC. 2018. RECYCLED MATERIALS RESOURCE CENTER.
Subchapter I of chapter 5 of title 23, United States
Code (as amended by section 2017), is amended by adding
at the end the following:
481
HR 2400 EAS
‘‘§ 513. Recycled materials resource center
‘‘(a) ESTABLISHMENT.—The Secretary shall establish
at the University of New Hampshire a research program
to be known as the ‘Recycled Materials Resource Center’ (re-
ferred to in this section as the ‘Center’).
‘‘(b) ACTIVITIES.—
‘‘(1) IN GENERAL.—The Center shall—
‘‘(A) systematically test, evaluate, develop
appropriate guidelines for, and demonstrate en-
vironmentally acceptable and occupationally safe
technologies and techniques for the increased use
of traditional and nontraditional recycled and
secondary materials in transportation infra-
structure construction and maintenance;
‘‘(B) make information available to State
transportation departments, the Federal High-
way Administration, the construction industry,
and other interested parties to assist in evaluat-
ing proposals to use traditional and nontradi-
tional recycled and secondary materials in
transportation infrastructure construction;
‘‘(C) encourage the increased use of tradi-
tional and nontraditional recycled and second-
ary materials by using sound science to analyze
thoroughly all potential long-term considerations
482
HR 2400 EAS
that affect the physical and environmental per-
formance of the materials; and
‘‘(D) work cooperatively with Federal and
State officials to reduce the institutional barriers
that limit widespread use of traditional and
nontraditional recycled and secondary materials
and to ensure that such increased use is consist-
ent with the sustained environmental and phys-
ical integrity of the infrastructure in which the
materials are used.
‘‘(2) SITES AND PROJECTS UNDER ACTUAL FIELD
CONDITIONS.—In carrying out paragraph (1)(C), the
Secretary may authorize the Center to—
‘‘(A) use test sites and demonstration
projects under actual field conditions to develop
appropriate performance data; and
‘‘(B) develop appropriate tests and guide-
lines to ensure correct use of recycled and second-
ary materials in transportation infrastructure
construction.
‘‘(c) REVIEW AND EVALUATION.—
‘‘(1) IN GENERAL.—Not less often than every 2
years, the Secretary shall review and evaluate the
program carried out by the Center.
483
HR 2400 EAS
‘‘(2) NOTIFICATION OF DEFICIENCIES.—In carry-
ing out paragraph (1), if the Secretary determines
that the Center is deficient in carrying out subsection
(b), the Secretary shall notify the Center of each defi-
ciency and recommend specific measures to address
the deficiency.
‘‘(3) DISQUALIFICATION.—If, after the end of the
180-day period that begins on the date of notification
to the Center under paragraph (2), the Secretary de-
termines that the Center has not corrected each defi-
ciency identified under paragraph (2), the Secretary
may, after notifying the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives of the determination, disqualify the
Center from further participation under this section.
‘‘(d) FUNDING.—Of amounts made available under
section 541, $2,000,000 shall be made available for each fis-
cal year to carry out this section.’’.
SEC. 2019. CONFORMING AMENDMENTS.
(a) Sections 307, 321, and 326 of title 23, United
States Code, are repealed.
(b) The analysis for chapter 3 of title 23, United States
Code, is amended by striking the items relating to sections
307, 321, and 326.
484
HR 2400 EAS
(c) Section 115(a)(1)(A)(i) of title 23, United States
Code, is amended by striking ‘‘or 307’’ and inserting ‘‘or
505’’.
(d) Section 151(d) of title 23, United States Code, is
amended by striking ‘‘section 307(a),’’ and inserting ‘‘sec-
tion 506,’’.
(e) Section 106 of Public Law 89–564 (23 U.S.C. 403
note) is amended in the third sentence by striking ‘‘sections
307 and 403 of title 23, United States Code,’’ and inserting
‘‘section 403 and chapter 5 of title 23, United States Code,’’.
SEC. 2020. REMOTE SENSING AND SPATIAL INFORMATION
TECHNOLOGIES.
(a) IN GENERAL.—The Secretary shall establish and
carry out a program to validate remote sensing and spatial
information technologies for application to national trans-
portation infrastructure development and construction.
(b) PROGRAM STAGES.—
(1) FIRST STAGE.—Not later than 18 months
after the date of the enactment of this Act, the Sec-
retary shall establish a national policy for the use of
remote sensing and spatial information technologies
in national transportation infrastructure development
and construction.
(2) SECOND STAGE.—After establishment of the
national policy under paragraph (1), the Secretary
485
HR 2400 EAS
shall develop new applications of remote sensing and
spatial information technologies for the implementa-
tion of such policy.
(c) COOPERATION.—The Secretary shall carry out this
section in cooperation with the National Aeronautics and
Space Administration and a consortium of university re-
search centers.
(d) FUNDING.—There is authorized to be appropriated
to carry out this section $10,000,000 for fiscal year 1999
and $10,000,000 for each of fiscal years 2000 through 2004.
Subtitle B—Intelligent
Transportation Systems
SEC. 2101. SHORT TITLE.
This subtitle may be cited as the ‘‘Intelligent Trans-
portation Systems Act of 1998’’.
SEC. 2102. FINDINGS.
Congress finds that—
(1) numerous studies conducted on behalf of the
Department of Transportation document that invest-
ment in intelligent transportation systems offers sub-
stantial benefits in relationship to costs;
(2) as a result of the investment authorized by
the Intelligent Transportation Systems Act of 1991
(23 U.S.C. 307 note; 105 Stat. 2189), progress has
been made on each of the goals set forth for the na-
486
HR 2400 EAS
tional intelligent transportation system program in
section 6052(b) of that Act; and
(3) continued investment by the Department of
Transportation is needed to complete implementation
of those goals.
SEC. 2103. INTELLIGENT TRANSPORTATION SYSTEMS.
Chapter 5 of title 23, United States Code (as added
by section 2005), is amended by adding at the end the fol-
lowing:
‘‘SUBCHAPTER II—INTELLIGENT
TRANSPORTATION SYSTEMS
‘‘§ 521. Purposes
‘‘The purposes of this subchapter are—
‘‘(1) to expedite deployment and integration of
basic intelligent transportation system services for
consumers of passenger and freight transportation
across the United States;
‘‘(2) to encourage the use of intelligent transpor-
tation systems to enhance international trade and do-
mestic economic productivity;
‘‘(3) to encourage the use of intelligent transpor-
tation systems to promote the achievement of national
environmental goals;
487
HR 2400 EAS
‘‘(4) to continue research, development, testing,
and evaluation activities to continually expand the
state-of-the-art in intelligent transportation systems;
‘‘(5) to provide financial and technical assist-
ance to State and local governments and metropolitan
planning organizations to ensure the integration of
interoperable, intermodal, and cost-effective intelligent
transportation systems;
‘‘(6) to foster regional cooperation, standards im-
plementation, and operations planning to maximize
the benefits of integrated and coordinated intelligent
transportation systems;
‘‘(7) to promote the consideration of intelligent
transportation systems in mainstream transportation
planning and investment decisionmaking by ensuring
that Federal and State transportation officials have
adequate, working knowledge of intelligent transpor-
tation system technologies and applications and by
ensuring comprehensive funding eligibility for the
technologies and applications;
‘‘(8) to encourage intelligent transportation sys-
tem training for, and technology transfer to, State
and local agencies;
‘‘(9) to promote the deployment of intelligent
transportation system services in rural America so as
488
HR 2400 EAS
to achieve safety benefits, promote tourism, and im-
prove quality of life;
‘‘(10) to promote the innovative use of private
resources, such as through public-private partnerships
or other uses of private sector investment, to support
the development and integration of intelligent trans-
portation systems throughout the United States;
‘‘(11) to complete the Federal investment in the
deployment of Commercial Vehicle Information Sys-
tems and Networks by September 30, 2003;
‘‘(12) to facilitate intermodalism through deploy-
ment of intelligent transportation systems, including
intelligent transportation system technologies for
transit systems to improve safety, efficiency, capacity,
and utility for the public;
‘‘(13) to enhance the safe operation of motor ve-
hicles, including motorcycles, and nonmotorized vehi-
cles on the surface transportation systems of the
United States, with a particular emphasis on decreas-
ing the number and severity of collisions;
‘‘(14) to encourage the use of intelligent trans-
portation systems to promote the achievement of na-
tional transportation safety goals, including safety at
at-grade railway-highway crossings; and
489
HR 2400 EAS
‘‘(15) to accommodate the needs of all users of
the surface transportation systems of the United
States, including the operators of commercial vehicles,
passenger vehicles, and motorcycles.
‘‘§ 522. Definitions
‘‘In this subchapter:
‘‘(1) COMMERCIAL VEHICLE INFORMATION SYS-
TEMS AND NETWORKS.—The term ‘Commercial Vehi-
cle Information Systems and Networks’ means the in-
formation systems and communications networks that
support commercial vehicle operations.
‘‘(2) COMMERCIAL VEHICLE OPERATIONS.—The
term ‘commercial vehicle operations’—
‘‘(A) means motor carrier operations and
motor vehicle regulatory activities associated
with the commercial movement of goods, includ-
ing hazardous materials, and passengers; and
‘‘(B) with respect to the public sector, in-
cludes the issuance of operating credentials, the
administration of motor vehicle and fuel taxes,
and roadside safety and border crossing inspec-
tion and regulatory compliance operations.
‘‘(3) COMPLETED
STANDARD.—The term ‘com-
pleted standard’ means a standard adopted and pub-
lished by the appropriate standards-setting organiza-
490
HR 2400 EAS
tion through a voluntary consensus standardmaking
process.
‘‘(4) CORRIDOR.—The term ‘corridor’ means any
major transportation route that includes parallel lim-
ited access highways, major arterials, or transit lines.
‘‘(5) INTELLIGENT TRANSPORTATION SYSTEM.—
The term ‘intelligent transportation system’ means
electronics, communications, or information process-
ing used singly or in combination to improve the effi-
ciency or safety of a surface transportation system.
‘‘(6) NATIONAL ARCHITECTURE.—The term ‘na-
tional architecture’ means the common framework for
interoperability adopted by the Secretary that de-
fines—
‘‘(A) the functions associated with intel-
ligent transportation system user services;
‘‘(B) the physical entities or subsystems
within which the functions reside;
‘‘(C) the data interfaces and information
flows between physical subsystems; and
‘‘(D) the communications requirements as-
sociated with the information flows.
‘‘(7) PROVISIONAL STANDARD.—The term ‘provi-
sional standard’ means a provisional standard estab-
lished by the Secretary under section 529(c).
491
HR 2400 EAS
‘‘(8) STANDARD.—The term ‘standard’ means a
document that—
‘‘(A) contains technical specifications or
other precise criteria for intelligent transpor-
tation systems that are to be used consistently as
rules, guidelines, or definitions of characteristics
so as to ensure that materials, products, proc-
esses, and services are fit for their purposes; and
‘‘(B) may support the national architecture
and promote—
‘‘(i) the widespread use and adoption
of intelligent transportation system tech-
nology as a component of the surface trans-
portation systems of the United States; and
‘‘(ii) interoperability among intelligent
transportation system technologies imple-
mented throughout the States.
‘‘§ 523. Cooperation, consultation, and analysis
‘‘(a) COOPERATION.—In carrying out this subchapter,
the Secretary shall—
‘‘(1) foster enhanced operation and management
of the surface transportation systems of the United
States;
‘‘(2) promote the widespread deployment of intel-
ligent transportation systems; and
492
HR 2400 EAS
‘‘(3) advance emerging technologies, in coopera-
tion with State and local governments and the pri-
vate sector.
‘‘(b) CONSULTATION.—As appropriate, in carrying out
this subchapter, the Secretary shall—
‘‘(1) consult with the heads of other interested
Federal departments and agencies; and
‘‘(2) maximize the involvement of the United
States private sector, colleges and universities, the
Federal laboratories, and State and local governments
in all aspects of carrying out this subchapter.
‘‘(c) PROCUREMENT METHODS.—To meet the need for
effective implementation of intelligent transportation sys-
tem projects, the Secretary shall develop appropriate tech-
nical assistance and guidance to assist State and local
agencies in evaluating and selecting appropriate methods
of procurement for intelligent transportation system
projects, including innovative and nontraditional methods
of procurement.
‘‘§ 524. Research, development, and training
‘‘(a) IN GENERAL.—The Secretary shall carry out a
comprehensive program of intelligent transportation system
research, development, operational testing, technical assist-
ance and training, national architecture activities, stand-
ards development and implementation, and other similar
493
HR 2400 EAS
activities that are necessary to carry out the purposes of
this subchapter.
‘‘(b) INTELLIGENT VEHICLE AND INTELLIGENT INFRA-
STRUCTURE PROGRAMS.—
‘‘(1) IN GENERAL.—
‘‘(A) PROGRAM.—The Secretary shall carry
out a program to conduct research, development,
and engineering designed to stimulate and ad-
vance deployment of an integrated intelligent ve-
hicle program and an integrated intelligent in-
frastructure program, consisting of—
‘‘(i) projects such as crash avoidance,
automated highway systems, advanced vehi-
cle controls, and roadway safety and effi-
ciency systems linked to intelligent vehicles;
and
‘‘(ii) projects that improve mobility
and the quality of the environment, includ-
ing projects for traffic management, inci-
dent management, transit management, toll
collection, traveler information, and traffic
control systems.
‘‘(B) CONSIDERATION OF VEHICLE AND IN-
FRASTRUCTURE
ELEMENTS.—In carrying out
subparagraph (A), the Secretary may consider
494
HR 2400 EAS
systems that include both vehicle and infrastruc-
ture elements and determine the most appro-
priate mix of those elements.
‘‘(2) NATIONAL
ARCHITECTURE.—The program
carried out under paragraph (1) shall be consistent
with the national architecture.
‘‘(3) PRIORITIES.—In carrying out paragraph
(1), the Secretary shall give higher priority to activi-
ties that—
‘‘(A) assist motor vehicle drivers in avoid-
ing motor vehicle crashes;
‘‘(B) assist in the development of an auto-
mated highway system; or
‘‘(C) improve the integration of air bag
technology with other on-board safety systems
and maximize the safety benefits of the simulta-
neous use of an automatic restraint system and
seat belts.
‘‘(4) COST SHARING.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the Federal share of the cost
of a research project carried out in cooperation
with a non-Federal entity under a program car-
ried out under paragraph (1) shall not exceed 80
percent.
495
HR 2400 EAS
‘‘(B) INNOVATIVE OR HIGH-RISK RESEARCH
PROJECTS.—The Federal share of the cost of an
innovative or high-risk research project described
in subparagraph (A) may, at the discretion of
the Secretary, be 100 percent.
‘‘(5) PLAN.—The Secretary shall—
‘‘(A) not later than 1 year after the date of
enactment of this subchapter, submit to Congress
a 6-year plan specifying the goals, objectives,
and milestones to be achieved by each program
carried out under paragraph (1); and
‘‘(B) report biennially to Congress on the
progress in meeting the goals, objectives, and
milestones.
‘‘(c) EVALUATION.—
‘‘(1) GUIDELINES AND REQUIREMENTS.—
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish guidelines and requirements for the inde-
pendent evaluation of field and related oper-
ational tests, and, if necessary, deployment
projects, carried out under this subchapter.
‘‘(B) REQUIRED
PROVISIONS.—The guide-
lines and requirements established under sub-
paragraph (A) shall include provisions to ensure
the objectivity and independence of the evaluator
496
HR 2400 EAS
so as to avoid any real or apparent conflict of
interest or potential influence on the outcome by
parties to any such test or deployment project or
by any other formal evaluation carried out
under this subchapter.
‘‘(2) FUNDING.—
‘‘(A) SMALL PROJECTS.—In the case of a
test or project with a cost of less than
$5,000,000, the Secretary may allocate not more
than 15 percent of the funds made available to
carry out the test or project for an evaluation of
the test or project.
‘‘(B) MODERATE PROJECTS.—In the case of
a test or project with a cost of $5,000,000 or
more, but less than $10,000,000, the Secretary
may allocate not more than 10 percent of the
funds made available to carry out the test or
project for an evaluation of the test or project.
‘‘(C) LARGE PROJECTS.—In the case of a
test or project with a cost of $10,000,000 or
more, the Secretary may allocate not more than
5 percent of the funds made available to carry
out the test or project for an evaluation of the
test or project.
497
HR 2400 EAS
‘‘(3) INAPPLICABILITY
OF
PAPERWORK
REDUC-
TION ACT.—Any survey, questionnaire, or interview
that the Secretary considers necessary to carry out the
evaluation of any test or program assessment activity
under this subchapter shall not be subject to chapter
35 of title 44.
‘‘(d) INFORMATION CLEARINGHOUSE.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) maintain a repository for technical
and safety data collected as a result of federally
sponsored projects carried out under this sub-
chapter; and
‘‘(B) on request, make that information (ex-
cept for proprietary information and data) read-
ily available to all users of the repository at an
appropriate cost.
‘‘(2) DELEGATION OF AUTHORITY.—
‘‘(A) IN GENERAL.—The Secretary may del-
egate the responsibility of the Secretary under
this subsection, with continuing oversight by the
Secretary, to an appropriate entity not within
the Department of Transportation.
‘‘(B) FEDERAL
ASSISTANCE.—If the Sec-
retary delegates the responsibility, the entity to
498
HR 2400 EAS
which the responsibility is delegated shall be eli-
gible for Federal assistance under this section.
‘‘(e) TRAFFIC
INCIDENT
MANAGEMENT
AND
RE-
SPONSE.—The Secretary shall carry out a program to ad-
vance traffic incident management and response tech-
nologies, strategies, and partnerships that are fully inte-
grated with intelligent transportation systems.
‘‘(f) AUTHORIZATION OF CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—There shall be available from
the Highway Trust Fund (other than the Mass Tran-
sit Account) to carry out this section $120,000,000 for
fiscal year 1998, $125,000,000 for fiscal year 1999,
$130,000,000 for fiscal year 2000, $135,000,000 for
fiscal year 2001, $140,000,000 for fiscal year 2002,
and $150,000,000 for fiscal year 2003, of which, for
each fiscal year—
‘‘(A) not less than $25,000,000 shall be
available for activities that assist motor vehicle
drivers in avoiding motor vehicle crashes, includ-
ing activities that improve the integration of air
bag technology with other on-board safety sys-
tems;
‘‘(B) not less than $25,000,000 shall be
available for activities that assist in the develop-
ment of an automated highway system; and
499
HR 2400 EAS
‘‘(C) not less than $3,000,000 shall be avail-
able for traffic incident management and re-
sponse.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized
under this subsection shall be available for obligation
in the same manner as if the funds were apportioned
under chapter 1.
‘‘§ 525. Intelligent transportation system integration
program
‘‘(a) IN GENERAL.—The Secretary shall conduct a
comprehensive program (referred to in this section as the
‘program’) to accelerate the integration and interoper-
ability of intelligent transportation systems.
‘‘(b) SELECTION OF PROJECTS.—
‘‘(1) IN GENERAL.—Under the program, the Sec-
retary shall select for funding, through competitive so-
licitation, projects that will serve as models to im-
prove transportation efficiency, promote safety, in-
crease traffic flow, reduce emissions of air pollutants,
improve traveler information, or enhance alternative
transportation modes.
‘‘(2) PRIORITIES.—Under the program, the Sec-
retary shall give higher priority to funding projects
that—
500
HR 2400 EAS
‘‘(A) promote and foster integration strate-
gies and written agreements among local govern-
ments, States, and other regional entities;
‘‘(B) build on existing (as of the date of
project selection) intelligent transportation sys-
tem projects;
‘‘(C) deploy integrated intelligent transpor-
tation system projects throughout metropolitan
areas;
‘‘(D) deploy integrated intelligent transpor-
tation system projects that enhance safe freight
movement or coordinate intermodal travel, in-
cluding intermodal travel at ports of entry into
the United States; and
‘‘(E) advance intelligent transportation sys-
tem deployment projects that are consistent with
the national architecture and, as appropriate,
comply with required standards as described in
section 529.
‘‘(3) CONTINUATION
OF
PARTNERSHIP
AGREE-
MENTS.—The Secretary shall continue through to
completion public/private partnership agreements
previously executed to promote the integration of sur-
face transportation management systems, including
501
HR 2400 EAS
the integration of highway, transit, railroad and
emergency management systems.
‘‘(c) PRIVATE SECTOR INVOLVEMENT.—In carrying
out the program, the Secretary shall encourage private sec-
tor involvement and financial commitment, to the maxi-
mum extent practicable, through innovative financial ar-
rangements, especially public-private partnerships.
‘‘(d) FINANCING AND OPERATIONS PLANS.—As a con-
dition of receipt of funds under the program, a recipient
participating in a project shall submit to the Secretary a
multiyear financing and operations plan that describes how
the project can be cost-effectively operated and maintained.
‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—There shall be available from
the Highway Trust Fund (other than the Mass Tran-
sit Account) to carry out this section $100,000,000 for
fiscal year 1998, $110,000,000 for fiscal year 1999,
$115,000,000 for fiscal year 2000, $130,000,000 for
fiscal year 2001, $135,000,000 for fiscal year 2002,
and $145,000,000 for fiscal year 2003.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized
under this subsection shall be available for obligation
in the same manner as if the funds were apportioned
under chapter 1, except that, in the case of a project
funded under paragraph (1)—
502
HR 2400 EAS
‘‘(A) the Federal share of the cost of the
project payable from funds made available under
paragraph (1) shall not exceed 50 percent; and
‘‘(B) the total Federal share of the cost of
the project payable from all eligible sources (in-
cluding paragraph (1)) shall not exceed 80 per-
cent.
‘‘§ 526. Integration program for rural areas
‘‘(a) IN GENERAL.—The Secretary shall conduct a
comprehensive program (referred to in this section as the
‘program’) to accelerate the integration or deployment of
intelligent transportation systems in rural areas.
‘‘(b) SELECTION OF PROJECTS.—Under the program,
the Secretary shall—
‘‘(1) select projects through competitive solicita-
tion; and
‘‘(2) give higher priority to funding projects
that—
‘‘(A) promote and foster integration strate-
gies and agreements among local governments,
States, and other regional entities;
‘‘(B) deploy integrated intelligent transpor-
tation system projects that improve mobility, en-
hance the safety of the movement of passenger ve-
hicles and freight, or promote tourism; and
503
HR 2400 EAS
‘‘(C) advance intelligent transportation sys-
tem deployment projects that are consistent with
the national architecture and comply with re-
quired standards as described in section 529.
‘‘(c) PRIVATE SECTOR INVOLVEMENT.—In carrying
out the program, the Secretary shall encourage private sec-
tor involvement and financial commitment, to the maxi-
mum extent practicable, through innovative financial ar-
rangements, especially public-private partnerships.
‘‘(d) FINANCING AND OPERATIONS PLANS.—As a con-
dition of receipt of funds under the program, a recipient
participating in a project shall submit to the Secretary a
multiyear financing and operations plan that describes how
the project can be cost-effectively operated and maintained
‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—There shall be available from
the Highway Trust Fund (other than the Mass Tran-
sit Account) to carry out this section $10,000,000 for
fiscal year 1998, $10,000,000 for fiscal year 1999,
$15,000,000 for fiscal year 2000, $15,000,000 for fis-
cal year 2001, $20,000,000 for fiscal year 2002, and
$20,000,000 for fiscal year 2003.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized
under this subsection shall be available for obligation
in the same manner as if the funds were apportioned
505
HR 2400 EAS
cial driver, and carrier-specific safety informa-
tion systems and networks and other intelligent
transportation system technologies used to assist
States in identifying high-risk commercial oper-
ations and in conducting other innovative safety
strategies, including the Commercial Vehicle In-
formation Systems and Networks.
‘‘(B) FOCUS
OF
PROJECTS.—Projects as-
sisted under the program shall focus on—
‘‘(i) identifying and eliminating un-
safe and illegal carriers, vehicles, and driv-
ers in a manner that does not unduly
hinder the productivity and efficiency of
safe and legal commercial operations;
‘‘(ii) enhancing the safe passage of
commercial vehicles across the United States
and across international borders;
‘‘(iii) reducing the numbers of viola-
tions of out-of-service orders;
‘‘(iv) complying with directives to ad-
dress other safety violations; and
‘‘(v) developing and implementing un-
obtrusive eyetracking technology.
‘‘(2) MONITORING SYSTEMS.—The program shall
advance on-board driver and vehicle safety monitor-
506
HR 2400 EAS
ing systems, including fitness-for-duty, brake, and
other operational monitoring technologies, that will
facilitate commercial vehicle safety, including inspec-
tion by motor carrier safety assistance program offi-
cers and employees under chapter 311 of title 49.
‘‘(c) USE OF FEDERAL FUNDS.—
‘‘(1) IN GENERAL.—Federal funds used to carry
out the program shall be primarily used to improve—
‘‘(A) commercial vehicle safety and the effec-
tiveness and efficiency of enforcement efforts con-
ducted under the motor carrier safety assistance
program under chapter 311 of title 49;
‘‘(B) electronic processing of registration in-
formation, driver licensing information, fuel tax
information, inspection and crash data, and
other safety information; and
‘‘(C) communication of the information de-
scribed in subparagraph (B) among the States.
‘‘(2) LEVERAGING.—Federal funds used to carry
out the program shall, to the maximum extent prac-
ticable—
‘‘(A) be leveraged with non-Federal funds;
and
‘‘(B) be used for activities not carried out
through the use of private funds.
507
HR 2400 EAS
‘‘(d) FEDERAL SHARE.—The Federal share of the cost
of a project assisted under the program shall be not more
than 80 percent.
‘‘(e) AUTHORIZATION OF CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—There shall be available from
the Highway Trust Fund (other than the Mass Tran-
sit Account) to carry out this section $25,000,000 for
fiscal year 1998, $25,000,000 for fiscal year 1999,
$25,000,000 for fiscal year 2000, $35,000,000 for fis-
cal year 2001, $35,000,000 for fiscal year 2002, and
$40,000,000 for fiscal year 2003.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized
under this subsection shall be available for obligation
in the same manner as if the funds were apportioned
under chapter 1, except that, in the case of a project
funded under paragraph (1)—
‘‘(A) the Federal share of the cost of the
project payable from funds made available under
paragraph (1) shall not exceed 50 percent; and
‘‘(B) the total Federal share of the cost of
the project payable from all eligible sources (in-
cluding paragraph (1)) shall not exceed 80 per-
cent.
508
HR 2400 EAS
‘‘§ 528. Corridor development and coordination
‘‘(a) IN GENERAL.—The Secretary shall encourage
multistate cooperative agreements, coalitions, or other ar-
rangements intended to promote regional cooperation, plan-
ning, and shared project implementation for intelligent
transportation system projects.
‘‘(b) FUNDING.—There shall be available to carry out
this section for each fiscal year not more than—
‘‘(1) $3,000,000 of the amounts made available
under section 524(f); and
‘‘(2) $7,000,000 of the amounts made available
under section 525(e).
‘‘§ 529. Standards
‘‘(a) IN GENERAL.—
‘‘(1) 
DEVELOPMENT, 
IMPLEMENTATION, 
AND
MAINTENANCE.—The Secretary shall develop, imple-
ment, and maintain a national architecture and sup-
porting standards to promote the widespread use and
evaluation of intelligent transportation system tech-
nology as a component of the surface transportation
systems of the United States.
‘‘(2) INTEROPERABILITY
AND
EFFICIENCY.—To
the maximum extent practicable, the standards shall
promote interoperability among, and efficiency of, in-
telligent transportation system technologies imple-
mented throughout the States.
509
HR 2400 EAS
‘‘(3) USE
OF
STANDARDS-SETTING
ORGANIZA-
TIONS.—In carrying out this section, the Secretary
may use the services of such standards-setting organi-
zations as the Secretary determines appropriate.
‘‘(b) REPORT.—
‘‘(1) IN GENERAL.—Not later than January 1,
1999, the Secretary shall submit a report describing
the status of all standards.
‘‘(2) CONTENTS.—The report shall—
‘‘(A) identify each standard that is needed
for operation of intelligent transportation sys-
tems in the United States;
‘‘(B) specify the status of the development of
each standard;
‘‘(C) provide a timetable for achieving
agreement on each standard as described in this
section; and
‘‘(D) determine which standards are critical
to ensuring national interoperability or critical
to the development of other standards.
‘‘(c) ESTABLISHMENT OF PROVISIONAL STANDARDS.—
‘‘(1) ESTABLISHMENT.—Subject to subsection
(d), if a standard determined to be critical under sub-
section (b)(2)(D) is not adopted and published by the
appropriate standards-setting organization by Janu-
510
HR 2400 EAS
ary 1, 2001, the Secretary shall establish a provi-
sional standard after consultation with affected par-
ties.
‘‘(2) PERIOD
OF
EFFECTIVENESS.—The provi-
sional standard shall—
‘‘(A) be published in the Federal Register;
‘‘(B) take effect not later than May 1, 2001;
and
‘‘(C) remain in effect until the appropriate
standards-setting organization adopts and pub-
lishes a standard.
‘‘(d) WAIVER OF REQUIREMENT TO ESTABLISH PRO-
VISIONAL STANDARDS.—
‘‘(1) NOTICE.—The Secretary may waive the re-
quirement to establish a provisional standard by sub-
mitting, not later than January 1, 2001, to the Com-
mittee on Environment and Public Works of the Sen-
ate and the Committee on Transportation and Infra-
structure of the House of Representatives, a notice
that—
‘‘(A) specifies the provisional standard sub-
ject to the waiver;
‘‘(B) describes the history of the develop-
ment of the standard subject to the waiver;
511
HR 2400 EAS
‘‘(C) specifies the reasons why the require-
ment for the establishment of the provisional
standard is being waived;
‘‘(D) describes the impacts of delaying the
establishment of the standard subject to the waiv-
er, especially the impacts on the purposes of this
subchapter; and
‘‘(E) provides specific estimates as to when
the standard subject to the waiver is expected to
be adopted and published by the appropriate
standards-setting organization.
‘‘(2) PROGRESS REPORTS.—
‘‘(A) IN
GENERAL.—In the case of each
standard subject to a waiver by the Secretary
under paragraph (1), the Secretary shall submit,
in accordance with the schedule specified in sub-
paragraph (B), a report to the Committee on
Environment and Public Works of the Senate
and the Committee on Transportation and Infra-
structure of the House of Representatives on the
progress of the adoption of a completed standard.
‘‘(B) SCHEDULE
OF
REPORTS.—The Sec-
retary shall submit a report under subparagraph
(A) with respect to a standard—
513
HR 2400 EAS
the date of the notification, the Secretary shall
implement the provisional standard, unless, by
the end of the 90-day period beginning on the
date of the notification, a standard has been
adopted and published by the appropriate stand-
ards-setting organization.
‘‘(e) REQUIREMENT FOR COMPLIANCE WITH STAND-
ARD.—
‘‘(1) IN GENERAL.—
‘‘(A) STANDARD
IN
EXISTENCE.—Funds
made available from the Highway Trust Fund
shall not be used to deploy an intelligent trans-
portation system technology if the technology
does not comply with each applicable provisional
standard or completed standard.
‘‘(B) NO STANDARD IN EXISTENCE.—In the
absence of a provisional standard or completed
standard, Federal funds shall not be used to de-
ploy an intelligent transportation system tech-
nology if the deployment is not consistent with
the interfaces to ensure interoperability that are
contained in the national architecture.
‘‘(2) APPLICABILITY.—Paragraph (1) shall not
apply to—
514
HR 2400 EAS
‘‘(A) the operation or maintenance of an in-
telligent transportation system in existence on
the date of enactment of this subchapter; or
‘‘(B) the upgrade or expansion of an intel-
ligent transportation system in existence on the
date of enactment of this subchapter if the Sec-
retary determines that the upgrade or expan-
sion—
‘‘(i) does not adversely affect the pur-
poses of this subchapter, especially the goal
of national or regional interoperability;
‘‘(ii) is carried out before the end of the
useful life of the system; and
‘‘(iii) is cost effective as compared to
alternatives that meet the compliance re-
quirement of paragraph (1)(A) or the con-
sistency requirement of paragraph (1)(B).
‘‘(f) SPECTRUM.—
‘‘(1) CONSULTATION.—The Secretary shall con-
sult with the Secretary of Commerce, the Secretary of
Defense, and the Chairman of the Federal Commu-
nications Commission to determine the best means for
securing the necessary spectrum for the near-term es-
tablishment of a dedicated short-range vehicle-to-way-
side wireless standard and any other spectrum that
515
HR 2400 EAS
the Secretary determines to be critical to the imple-
mentation of this title.
‘‘(2) PROGRESS
REPORT.—After consultation
under paragraph (1) and with other affected agencies,
but not later than 1 year after the date of enactment
of this subchapter, the Secretary shall submit a report
to Congress on the progress made in securing the spec-
trum described in paragraph (1).
‘‘(3) DEADLINE
FOR
SECURING
SPECTRUM.—
Notwithstanding any other provision of law, not later
than 2 years after the date of enactment of this sub-
chapter, the Secretary of Commerce shall release to
the Federal Communications Commission, and the
Federal Communications Commission shall allocate,
the spectrum described in paragraph (1).
‘‘(g) FUNDING.—The Secretary shall use funds made
available under section 524 to carry out this section.
‘‘§ 530. Funding limitations
‘‘(a) CONSISTENCY
WITH
NATIONAL
ARCHITEC-
TURE.—The Secretary shall use funds made available under
this subchapter to deploy intelligent transportation system
technologies only if the technologies are consistent with the
national architecture.
‘‘(b) 
COMPETITION
WITH
PRIVATELY
FUNDED
PROJECTS.—To the maximum extent practicable, the Sec-
516
HR 2400 EAS
retary shall not fund any intelligent transportation system
operational test or deployment project that competes with
a similar privately funded project.
‘‘(c) INFRASTRUCTURE DEVELOPMENT.—Funds made
available under this subchapter for operational tests and
deployment projects—
‘‘(1) shall be used primarily for the development
of intelligent transportation system infrastructure;
and
‘‘(2) to the maximum extent practicable, shall
not be used for the construction of physical highway
and transit infrastructure unless the construction is
incidental and critically necessary to the implementa-
tion of an intelligent transportation system project.
‘‘(d) PUBLIC RELATIONS AND TRAINING.—For each
fiscal year, not more than $15,000,000 of the funds made
available under this subchapter shall be used for intelligent
transportation system outreach, public relations, training,
mainstreaming, shareholder relations, or related activities.
‘‘§ 531. Use of innovative financing
‘‘(a) IN GENERAL.—The Secretary may use up to 25
percent of the funds made available under this subchapter
and section 541 to make available loans, lines of credit, and
loan guarantees for projects that are eligible for assistance
517
HR 2400 EAS
under this title and that have significant intelligent trans-
portation system elements.
‘‘(b) CONSISTENCY WITH OTHER LAW.—Credit assist-
ance described in subsection (a) shall be made available in
a manner consistent with the Transportation Infrastructure
Finance and Innovation Act of 1998.
‘‘§ 532. Advisory committees
‘‘(a) IN GENERAL.—In carrying out this subchapter,
the Secretary shall use 1 or more advisory committees.
‘‘(b) APPLICABILITY OF FEDERAL ADVISORY COMMIT-
TEE ACT.—Any advisory committee so used shall be subject
to the Federal Advisory Committee Act (5 U.S.C. App.).’’.
SEC. 2104. CONFORMING AMENDMENT.
The Intermodal Surface Transportation Efficiency Act
of 1991 is amended by striking part B of title VI (23 U.S.C.
307 note; 105 Stat. 2189).
Subtitle C—Funding
SEC. 2201. FUNDING.
Chapter 5 of title 23, United States Code (as amended
by section 2103), is amended by adding at the end the fol-
lowing:
‘‘SUBCHAPTER III—FUNDING
‘‘§ 541. Funding
‘‘(a) RESEARCH, TECHNOLOGY, AND
TRAINING.—
There shall be available from the Highway Trust Fund
518
HR 2400 EAS
(other than the Mass Transit Account) to carry out sections
502, 507, 509, and 511 $68,000,000 for fiscal year 1998,
$1,500,000 for fiscal year 1999, $4,500,000 for fiscal year
2000, $2,500,000 for fiscal year 2001, $1,500,000 for fiscal
year 2002, and $4,500,000 for fiscal year 2003.
‘‘(b) CONTRACT AUTHORITY.—Funds authorized under
this section shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1,
except that—
‘‘(1) any Federal share of the cost of an activity
under this chapter shall be determined in accordance
with this chapter; and
‘‘(2) the funds shall remain available for obliga-
tion for a period of 4 years after the last day of the
fiscal year for which the funds are authorized.
‘‘(c) LIMITATIONS ON OBLIGATIONS.—Notwithstand-
ing any other provision of law, the total amount of all obli-
gations under subsection (a) shall not exceed—
‘‘(1) $98,000,000 for fiscal year 1998;
‘‘(2) $101,000,000 for fiscal year 1999;
‘‘(3) $104,000,000 for fiscal year 2000;
‘‘(4) $107,000,000 for fiscal year 2001;
‘‘(5) $110,000,000 for fiscal year 2002; and
‘‘(6) $114,000,000 for fiscal year 2003.’’.
519
HR 2400 EAS
TITLE III—INTERMODAL TRANS-
PORTATION SAFETY AND RE-
LATED MATTERS
SEC. 3001. SHORT TITLE.
This title may be cited as the ‘‘Intermodal Transpor-
tation Safety Act of 1998’’.
SEC. 3002. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms of
an amendment to, or a repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section
or other provision of title 49, United States Code.
Subtitle A—Highway Safety
SEC. 3101. HIGHWAY SAFETY PROGRAMS.
(a) UNIFORM GUIDELINES.—Section 402(a) of title 23,
United States Code, is amended by striking ‘‘section 4007’’
and inserting ‘‘section 4004’’.
(b) ADMINISTRATIVE REQUIREMENTS.—Section 402(b)
of such title is amended—
(1) by striking the period at the end of subpara-
graph (A) and subparagraph (B) of paragraph (1)
and inserting a semicolon;
(2) in paragraph (1)(C), by inserting ‘‘, includ-
ing Indian tribes,’’ after ‘‘subdivisions of such State’’;
520
HR 2400 EAS
(3) in paragraph (1)(C), by striking the period
at the end and inserting a semicolon and ‘‘and’’; and
(4) by striking paragraphs (3) and (4) and re-
designating paragraph (5) as paragraph (3).
(c) APPORTIONMENT OF FUNDS.—Section 402(c) of
such title is amended—
(1) by inserting ‘‘the apportionment to the Sec-
retary of the Interior shall not be less than 3⁄4 of 1
percent of the total apportionment and’’ after ‘‘except
that’’ in the sixth sentence; and
(2) by striking the seventh sentence.
(d) APPLICATION IN INDIAN COUNTRY.—Section 402(i)
of title 23, United States Code, is amended to read as fol-
lows:
‘‘(i) APPLICATION IN INDIAN COUNTRY.—
‘‘(1) IN GENERAL.—For the purpose of applica-
tion of this section in Indian country, the terms
‘State’ and ‘Governor of a State’ include the Sec-
retary of the Interior and the term ‘political subdivi-
sion of a State’ includes an Indian tribe. Notwith-
standing the provisions of subsection (b)(1)(C), 95
percent of the funds apportioned to the Secretary of
the Interior under this section shall be expended by
Indian tribes to carry out highway safety programs
within their jurisdictions. The provisions of subpara-
521
HR 2400 EAS
graph (b)(1)(D) shall be applicable to Indian tribes,
except to those tribes with respect to which the Sec-
retary determines that application of such provisions
would not be practicable.
‘‘(2) INDIAN COUNTRY DEFINED.—For the pur-
poses of this subsection, the term ‘Indian country’
means—
‘‘(A) all land within the limits of any In-
dian reservation under the jurisdiction of the
United States, notwithstanding the issuance of
any patent, and including rights-of-way running
through the reservation;
‘‘(B) all dependent Indian communities
within the borders of the United States whether
within the original or subsequently acquired ter-
ritory thereof and whether within or without the
limits of a State; and
‘‘(C) all Indian allotments, the Indian titles
to which have not been extinguished, including
rights-of-way running through such allotments.’’.
(e) RULEMAKING PROCESS.—Section 402(j) of title 23,
United States Code, is amended to read as follows:
‘‘(j) RULEMAKING
PROCESS.—The Secretary may
from time to time conduct a rulemaking process to identify
highway safety programs that are highly effective in reduc-
522
HR 2400 EAS
ing motor vehicle crashes, injuries, and deaths. Any such
rulemaking shall take into account the major role of the
States in implementing such programs. When a rule pro-
mulgated in accordance with this section takes effect, States
shall consider these highly effective programs when develop-
ing their highway safety programs.’’.
(f) SAFETY INCENTIVE GRANTS.—Section 402 of title
23, United States Code, is amended by striking subsection
(k) and inserting the following:
‘‘(k) SAFETY INCENTIVE GRANTS.—
‘‘(1) SAFETY INCENTIVE GRANTS: GENERAL AU-
THORITY.—The Secretary shall make a grant to a
State that takes specific actions to advance highway
safety under subsection (l) or (m) or section 410. A
State may qualify for more than 1 grant and shall
receive a separate grant for each subsection for which
it qualifies. Such grants may only be used by recipi-
ent States to implement and enforce, as appropriate,
the programs for which the grants are awarded.
‘‘(2) MAINTENANCE OF EFFORT.—No grant may
be made to a State under subsection (l) or (m) in any
fiscal year unless such State enters into such agree-
ments with the Secretary as the Secretary may re-
quire to ensure that such State will maintain its ag-
gregate expenditures from all other sources for the spe-
523
HR 2400 EAS
cific actions for which a grant is provided at or above
the average level of such expenditures in its 2 fiscal
years preceding the date of the enactment of this sub-
section.
‘‘(3) MAXIMUM
PERIOD
OF
ELIGIBILITY; FED-
ERAL SHARE FOR GRANTS.—Each grant under sub-
section (l) or (m) shall be available for not more than
6 fiscal years beginning in the fiscal year after Sep-
tember 30, 1997, in which the State becomes eligible
for the grant. The Federal share payable for any
grant under subsection (l) or (m) shall not exceed—
‘‘(A) in the first and second fiscal years in
which the State receives the grant, 75 percent of
the cost of implementing and enforcing, as ap-
propriate, in such fiscal year a program adopted
by the State;
‘‘(B) in the third and fourth fiscal years in
which the State receives the grant, 50 percent of
the cost of implementing and enforcing, as ap-
propriate, in such fiscal year such program; and
‘‘(C) in the fifth and sixth fiscal years in
which the State receives the grant, 25 percent of
the cost of implementing and enforcing, as ap-
propriate, in such fiscal year such program.
524
HR 2400 EAS
‘‘(l) 
ALCOHOL-IMPAIRED
DRIVING
COUNTER-
MEASURES: BASIC GRANT ELIGIBILITY.—The Secretary
shall make grants to those States that adopt and implement
effective programs to reduce traffic safety problems resulting
from persons driving under the influence of alcohol. A State
shall become eligible for 1 or more of 3 basic grants under
this subsection by adopting or demonstrating the following
to the satisfaction of the Secretary:
‘‘(1) BASIC GRANT A.—At least 7 of the follow-
ing:
‘‘(A) .08 BAC PER SE LAW.—A law that
provides that any individual with a blood alco-
hol concentration of 0.08 percent or greater while
operating a motor vehicle shall be deemed to be
driving while intoxicated.
‘‘(B) ADMINISTRATIVE
LICENSE
REVOCA-
TION.—An administrative driver’s license sus-
pension or revocation system for persons who op-
erate motor vehicles while under the influence of
alcohol that requires that—
‘‘(i) in the case of a person who, in
any 5-year period beginning after the date
of enactment of this subsection, is deter-
mined on the basis of a chemical test to
have been operating a motor vehicle under
525
HR 2400 EAS
the influence of alcohol or is determined to
have refused to submit to such a test as pro-
posed by a law enforcement officer, the
State agency responsible for administering
drivers’ licenses, upon receiving the report
of the law enforcement officer—
‘‘(I) shall suspend the driver’s li-
cense of such person for a period of not
less than 90 days if such person is a
first offender in such 5-year period;
and
‘‘(II) shall suspend the driver’s li-
cense of such person for a period of not
less than 1 year, or revoke such license,
if such person is a repeat offender in
such 5-year period; and
‘‘(ii) the suspension and revocation re-
ferred to under subparagraph (A)(i) shall
take effect not later than 30 days after the
date on which the person refused to submit
to a chemical test or received notice of hav-
ing been determined to be driving under the
influence of alcohol, in accordance with the
State’s procedures.
526
HR 2400 EAS
‘‘(C) UNDERAGE DRINKING PROGRAM.—An
effective system, as determined by the Secretary,
for preventing operators of motor vehicles under
age 21 from obtaining alcoholic beverages. Such
system shall include the issuance of drivers’ li-
censes to individuals under age 21 that are eas-
ily distinguishable in appearance from drivers’
licenses issued to individuals age 21 years of age
or older.
‘‘(D) STOPPING
MOTOR
VEHICLES.—Ei-
ther—
‘‘(i) a statewide program for stopping
motor vehicles on a nondiscriminatory, law-
ful basis for the purpose of determining
whether the operators of such motor vehicles
are driving while under the influence of al-
cohol; or
‘‘(ii) a statewide Special Traffic En-
forcement Program for impaired driving
that emphasizes publicity for the program.
‘‘(E) REPEAT OFFENDERS.—Effective sanc-
tions for repeat offenders convicted of driving
under the influence of alcohol. Such sanctions, as
determined by the Secretary, may include elec-
tronic monitoring; alcohol interlocks; intensive
527
HR 2400 EAS
supervision of probation; vehicle impoundment,
confiscation, or forfeiture; and dedicated deten-
tion facilities.
‘‘(F) GRADUATED
LICENSING
SYSTEM.—A
3-stage graduated licensing system for young
drivers that includes nighttime driving restric-
tions during the first 2 stages, requires all vehi-
cle occupants to be properly restrained, and
makes it unlawful for a person under age 21 to
operate a motor vehicle with a blood alcohol con-
centration of .02 percent or greater.
‘‘(G) DRIVERS
WITH
HIGH
BAC’s.—Pro-
grams to target individuals with high blood alco-
hol concentrations who operate a motor vehicle.
Such programs may include implementation of a
system of graduated penalties and assessment of
individuals convicted of driving under the influ-
ence of alcohol.
‘‘(H) 
YOUNG
ADULT
DRINKING
PRO-
GRAMS.—Programs to reduce driving while
under the influence of alcohol by individuals age
21 through 34. Such programs may include
awareness campaigns; traffic safety partnerships
with employers, colleges, and the hospitality in-
528
HR 2400 EAS
dustry; assessment of first time offenders; and in-
corporation of treatment into judicial sentencing.
‘‘(I) TESTING FOR BAC.—An effective sys-
tem for increasing the rate of testing for blood al-
cohol concentration of motor vehicle drivers at
fault in fatal accidents.
‘‘(2) BASIC GRANT B.—Either of the following:
‘‘(A) ADMINISTRATIVE
LICENSE
REVOCA-
TION.—An administrative driver’s license sus-
pension or revocation system for persons who op-
erate motor vehicles while under the influence of
alcohol which requires that—
‘‘(i) in the case of a person who, in
any 5-year period beginning after the date
of enactment of this subsection, is deter-
mined on the basis of a chemical test to
have been operating a motor vehicle under
the influence of alcohol or is determined to
have refused to submit to such a test as re-
quested by a law enforcement officer, the
State agency responsible for administering
drivers’ licenses, upon receiving the report
of the law enforcement officer—
‘‘(I) shall suspend the driver’s li-
cense of such person for a period of not
529
HR 2400 EAS
less than 90 days if such person is a
first offender in such 5-year period;
and
‘‘(II) shall suspend the driver’s li-
cense of such person for a period of not
less than 1 year, or revoke such license,
if such person is a repeat offender in
such 5-year period; and
‘‘(ii) the suspension and revocation re-
ferred to under subparagraph (A)(i) shall
take effect not later than 30 days after the
day on which the person refused to submit
to a chemical test or receives notice of hav-
ing been determined to be driving under the
influence of alcohol, in accordance with the
State’s procedures; or
‘‘(B) .08 BAC PER SE LAW.—A law that
provides that any person with a blood alcohol
concentration of 0.08 percent or greater while
operating a motor vehicle shall be deemed to be
driving while intoxicated.
‘‘(3) BASIC GRANT C.—Both of the following:
‘‘(A) FATAL IMPAIRED DRIVER PERCENTAGE
REDUCTION.—The percentage of fatally injured
drivers with 0.10 percent or greater blood alcohol
530
HR 2400 EAS
concentration in the State has decreased in each
of the 3 most recent calendar years for which
statistics for determining such percentages are
available; and
‘‘(B) FATAL IMPAIRED DRIVER PERCENTAGE
COMPARISON.—The percentage of fatally injured
drivers with 0.10 percent or greater blood alcohol
concentration in the State has been lower than
the average percentage for all States in each of
such calendar years.
‘‘(4) BASIC
GRANT
AMOUNT.—The amount of
each basic grant under this subsection for any fiscal
year shall be up to 15 percent of the amount appor-
tioned to the State for fiscal year 1997 under section
402 of this title.
‘‘(5) ALCOHOL-IMPAIRED
DRIVING
COUNTER-
MEASURES: SUPPLEMENTAL GRANTS.—During the pe-
riod in which a State is eligible for a basic grant
under this subsection, the State shall be eligible to re-
ceive a supplemental grant in no more than 2 fiscal
years of up to 5 percent of the amount apportioned
to the State in fiscal year 1997 under section 402.
The State may receive a separate supplemental grant
for meeting each of the following criteria:
531
HR 2400 EAS
‘‘(A) OPEN
CONTAINER
LAWS.—The State
makes unlawful the possession of any open alco-
holic beverage container, or the consumption of
any alcoholic beverage, in the passenger area of
any motor vehicle located on a public highway
or the right-of-way of a public highway, except—
‘‘(i) as allowed in the passenger area,
by a person (other than the driver), of any
motor vehicle designed to transport more
than 10 passengers (including the driver)
while being used to provide charter trans-
portation of passengers; or
‘‘(ii) as otherwise specifically allowed
by such State, with the approval of the Sec-
retary, but in no event may the driver of
such motor vehicle be allowed to possess or
consume an alcoholic beverage in the pas-
senger area.
‘‘(B) MANDATORY
BLOOD
ALCOHOL
CON-
CENTRATION
TESTING
PROGRAMS.—The State
provides for mandatory blood alcohol concentra-
tion testing whenever a law enforcement officer
has probable cause under State law to believe
that a driver of a motor vehicle involved in a
crash resulting in the loss of human life or, as
532
HR 2400 EAS
determined by the Secretary, serious bodily in-
jury, has committed an alcohol-related traffic of-
fense.
‘‘(C) VIDEO EQUIPMENT FOR DETECTION OF
DRUNK DRIVERS.—The State provides for a pro-
gram to acquire video equipment to be used in
detecting persons who operate motor vehicles
while under the influence of alcohol and in pros-
ecuting those persons, and to train personnel in
the use of that equipment.
‘‘(D) BLOOD ALCOHOL CONCENTRATION FOR
PERSONS UNDER AGE 21.—The State enacts and
enforces a law providing that any person under
age 21 with a blood alcohol concentration of 0.02
percent or greater when driving a motor vehicle
shall be deemed to be driving while intoxicated
or driving under the influence of alcohol, and
further provides for a minimum suspension of
the person’s driver’s license for not less than 30
days.
‘‘(E) SELF-SUSTAINING
DRUNK
DRIVING
PREVENTION PROGRAM.—The State provides for
a self-sustaining drunk driving prevention pro-
gram under which a significant portion of the
fines or surcharges collected from individuals ap-
533
HR 2400 EAS
prehended and fined for operating a motor vehi-
cle while under the influence of alcohol are re-
turned to those communities which have com-
prehensive programs for the prevention of such
operations of motor vehicles.
‘‘(F) REDUCING
DRIVING
WITH
A
SUS-
PENDED
LICENSE.—The State enacts and en-
forces a law to reduce driving with a suspended
license. Such law, as determined by the Sec-
retary, may require a ‘zebra’ stripe that is clear-
ly visible on the license plate of any motor vehi-
cle owned and operated by a driver with a sus-
pended license.
‘‘(G) EFFECTIVE DWI TRACKING SYSTEM.—
The State demonstrates an effective driving while
intoxicated (DWI) tracking system. Such a sys-
tem, as determined by the Secretary, may in-
clude data covering arrests, case prosecutions,
court dispositions and sanctions, and provide for
the linkage of such data and traffic records sys-
tems to appropriate jurisdictions and offices
within the State.
‘‘(H) ASSESSMENT OF PERSONS CONVICTED
OF
ABUSE
OF
CONTROLLED
SUBSTANCES; AS-
SIGNMENT OF TREATMENT FOR ALL DWI/DUI OF-
534
HR 2400 EAS
FENDERS.—The State provides for assessment of
individuals convicted of driving while intoxi-
cated or driving under the influence of alcohol or
controlled substances, and for the assignment of
appropriate treatment.
‘‘(I) USE OF PASSIVE ALCOHOL SENSORS.—
The State provides for a program to acquire pas-
sive alcohol sensors to be used by police officers
in detecting persons who operate motor vehicles
while under the influence of alcohol, and to train
police officers in the use of that equipment.
‘‘(J) EFFECTIVE PENALTIES FOR PROVISION
OR SALE OF ALCOHOL TO PERSONS UNDER 21.—
The State enacts and enforces a law that pro-
vides for effective penalties or other consequences
for the sale or provision of alcoholic beverages to
any individual under 21 years of age. The Sec-
retary shall determine what penalties are effec-
tive.
‘‘(6) DEFINITIONS.—For the purposes of this
subsection, the following definitions apply:
‘‘(A) ‘Alcoholic beverage’ has the meaning
such term has under section 158(c).
535
HR 2400 EAS
‘‘(B) ‘Controlled substances’ has the mean-
ing such term has under section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6)).
‘‘(C) ‘Motor vehicle’ means a vehicle driven
or drawn by mechanical power and manufac-
tured primarily for use on public streets, roads,
and highways, but does not include a vehicle op-
erated only on a rail line.
‘‘(D) ‘Open alcoholic beverage container’
means any bottle, can, or other receptacle—
‘‘(i) that contains any amount of an
alcoholic beverage; and
‘‘(ii)(I) that is open or has a broken
seal, or
‘‘(II) the contents of which are par-
tially removed.
‘‘(m) STATE
HIGHWAY
SAFETY
DATA
IMPROVE-
MENTS.—The Secretary shall make a grant to a State that
takes effective actions to improve the timeliness, accuracy,
completeness, uniformity, and accessibility of the State’s
data needed to identify priorities within State and local
highway and traffic safety programs, to evaluate the effec-
tiveness of such efforts, and to link these State data systems,
including traffic records, together and with other data sys-
536
HR 2400 EAS
tems within the State, such as systems that contain medical
and economic data:
‘‘(1) FIRST-YEAR GRANT ELIGIBILITY.—A State
is eligible for a first-year grant under this subsection
in a fiscal year if such State either:
‘‘(A) Demonstrates, to the satisfaction of the
Secretary, that it has—
‘‘(i) established a Highway Safety
Data and Traffic Records Coordinating
Committee with a multidisciplinary mem-
bership including the administrators, collec-
tors, and users of such data (including the
public health, injury control, and motor
carrier communities) of highway safety and
traffic records databases;
‘‘(ii) completed within the preceding 5
years a highway safety data and traffic
records assessment or audit of its highway
safety data and traffic records system; and
‘‘(iii) initiated the development of a
multiyear highway safety data and traffic
records strategic plan to be approved by the
Highway Safety Data and Traffic Records
Coordinating Committee that identifies and
prioritizes its highway safety data and traf-
560
HR 2400 EAS
Secretary determines to be reasonable, practicable,
and appropriate to meet the purposes of paragraph
(1).
(4) EFFECTIVE
DATE.—The final rule issued
under this subsection shall become effective in phases
as rapidly as practicable, beginning not earlier than
September 1, 2001, and not later than September 1,
2002, and shall become effective not later than Sep-
tember 1, 2005, for all motor vehicles in which air
bags are required to be installed. If the Secretary de-
termines that the September 1, 2005, effective date is
not practicable to meet the purposes of paragraph (1),
the Secretary may extend the effective date for not
more than one year. The Congress may, by joint reso-
lution, grant a further extension of the effective date.
(c) REPORT ON AIR BAG IMPROVEMENTS.—Not later
than 6 months after the enactment of this section, the Sec-
retary of Transportation shall report to Congress on the de-
velopment of technology to improve the protection given by
air bags and reduce the risks from air bags. To the extent
possible, the report shall describe the performance character-
istics of advanced air bag devices, their estimated cost, their
estimated benefits, and the time within which they could
be installed in production vehicles.