H. R. 2400—313
Commercial Zone shall be a commercial zone for purposes of
transportation of property only under section 13506(b) of such title.
(b) CONSULTATION.—In carrying out this section, the Secretary
shall consult with other Federal agencies that have responsibilities
over traffic between the United States and Mexico.
(c) SUBMISSION OF PLAN.—Not later than 3 months after the
date of enactment of this Act, the State of New Mexico shall
submit to the Secretary a plan describing how the State will monitor
commercial motor vehicle traffic and enforce safety regulations.
(d) SAVINGS PROVISION.—Nothing in this section shall affect
any action commenced or pending before the Secretary or Surface
Transportation Board before the date of enactment of this Act.
(e) NEW MEXICO COMMERCIAL ZONE DEFINED.—In this section,
the term ‘‘New Mexico Commercial Zone’’ means the area that
is comprised of Dona Ana County and Luna County in New Mexico.
(f) DESIGNATION.—The designation and operation of the New
Mexico Commercial Zone shall become effective upon the date of
enactment of this Act.
SEC. 4032. EFFECTS OF MCSAP GRANT REDUCTIONS.
(a) STUDY.—The Secretary shall conduct a study on the effects
of reductions of grants under section 31102 of title 49, United
States Code, due to nonconformity of State intrastate motor carrier,
commercial motor vehicle, and driver requirements with Federal
interstate requirements. In conducting the study, the Secretary
shall consider, at a minimum—
(1) national uniformity and the purposes of the motor car-
rier safety assistance program;
(2) State motor carrier, commercial motor vehicle, and
driver safety oversight and enforcement capabilities; and
(3) the safety impacts, costs, and benefits of full participa-
tion in the program.
(b) REPORT.—Not later than 2 years after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study.
(c) ADJUSTMENT
OF STATE ALLOCATIONS.—The Secretary is
authorized to adjust State allocations under section 31103 of title
49, United States Code, to reflect the results of the study.
TITLE V—TRANSPORTATION RESEARCH
Subtitle A—Funding
SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) SURFACE TRANSPORTATION RESEARCH.—For carrying out
sections 502, 506, 507, and 508 of title 23, United States Code,
and section 5112 of this Act $96,000,000 for fiscal year 1998,
$97,000,000 for fiscal year 1999, $97,000,000 for fiscal year
2000, $98,000,000 for fiscal year 2001, $101,000,000 for fiscal
year 2002, and $103,000,000 for fiscal year 2003.
(2) TECHNOLOGY DEPLOYMENT PROGRAM.—To carry out sec-
tion 503 of title 23, United States Code, $35,000,000 for fiscal
year 1998, $35,000,000 for fiscal year 1999, $40,000,000 for
H. R. 2400—314
fiscal year 2000, $45,000,000 for fiscal year 2001, $45,000,000
for fiscal year 2002, and $50,000,000 for fiscal year 2003.
(3) TRAINING AND EDUCATION.—For carrying out section
504 of title 23, United States Code, $14,000,000 for fiscal year
1998, $15,000,000 for fiscal year 1999, $16,000,000 for fiscal
year 2000, $18,000,000 for fiscal year 2001, $19,000,000 for
fiscal year 2002, and $20,000,000 for fiscal year 2003.
(4) BUREAU
OF
TRANSPORTATION
STATISTICS.—For the
Bureau of Transportation Statistics to carry out section 111
of title 49, United States Code, $31,000,000 for each of fiscal
years 1998 through 2003.
(5) ITS STANDARDS, RESEARCH, OPERATIONAL TESTS, AND
DEVELOPMENT.—For carrying out sections 5204, 5205, 5206,
and 5207 of this Act $95,000,000 for fiscal year 1998,
$95,000,000 for fiscal year 1999, $98,200,000 for fiscal year
2000, $100,000,000 for fiscal year 2001, $105,000,000 for fiscal
year 2002, and $110,000,000 for fiscal year 2003.
(6) ITS DEPLOYMENT.—For carrying out sections 5208 and
5209 of this Act $101,000,000 for fiscal year 1998, $105,000,000
for fiscal year 1999, $113,000,000 for fiscal year 2000,
$118,000,000 for fiscal year 2001, $120,000,000 for fiscal year
2002, and $122,000,000 for fiscal year 2003.
(7) UNIVERSITY TRANSPORTATION RESEARCH.—For carrying
out section 5505 of title 49, United States Code, $31,150,000
for fiscal year 1998, $31,150,000 for fiscal year 1999,
$32,750,000 for fiscal year 2000, $32,750,000 for fiscal year
2001, $32,000,000 for fiscal year 2002, and $32,000,000 for
fiscal year 2003.
(b) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds
authorized to be appropriated by subsection (a) shall be available
for obligation in the same manner as if such funds were apportioned
under chapter 1 of title 23, United States Code, except that the
Federal share of the cost of a project or activity carried out using
such funds shall be 80 percent (unless otherwise expressly provided
by this subtitle or otherwise determined by the Secretary with
respect to a project of activity) and such funds shall remain avail-
able until expended.
(c) ALLOCATIONS.—
(1) SURFACE TRANSPORTATION RESEARCH.—Of the amounts
made available under subsection (a)(1)—
(A) $10,000,000 for each of fiscal years 1998 through
2003 shall be available to carry out section 502(e) of title
23, United States Code (relating to long-term pavement
performance);
(B) not to exceed $2,000,000 for each of fiscal years
1998 through 2003 shall be available to carry out section
502(f) of such title (relating to seismic research), of which
not to exceed $2,500,000 may be used to upgrade earth-
quake simulation facilities as required to carry out the
program;
(C) $500,000 for each of fiscal years 1998 through
2003 shall be available to carry out section 506 of such
title (relating to international outreach); and
(D) $5,000,000 for each of fiscal years 1998 through
2003 to carry out research on improved methods of using
concrete pavement in the construction, reconstruction, and
repair of Federal-aid highways.
H. R. 2400—315
(2) TECHNOLOGY
DEPLOYMENT.—Of the amounts made
available under subsection (a)(2)—
(A) $1,000,000 for each of fiscal years 1998 through
2003 shall be available to carry out section 503(b)(3)(A)(i)
of title 23, United States Code (relating to research develop-
ment technology transfer activities); and
(B) $10,000,000 for fiscal year 1998, $15,000,000 for
fiscal year 1999, $17,000,000 for fiscal year 2000, and
$20,000,000 for each of fiscal years 2001 through 2003
shall be available to carry out section 503(b)(3)(A)(ii) of
such title (relating to repair, rehabilitation, and construc-
tion).
(3) TRAINING AND EDUCATION.—Of the amounts made avail-
able under subsection (a)(3)—
(A) $5,000,000 for fiscal year 1998, $6,000,000 for fiscal
year 1999, $6,000,000 for fiscal year 2000, $7,000,000 for
fiscal year 2001, $7,000,000 for fiscal year 2002, and
$8,000,000 for fiscal year 2003 shall be available to carry
out section 504(a) of title 23, United States Code (relating
to the National Highway Institute);
(B) $7,000,000 for fiscal year 1998, $7,000,000 for fiscal
year 1999, $8,000,000 for fiscal year 2000, $9,000,000 for
fiscal year 2001, $10,000,000 for fiscal year 2002, and
$10,000,000 for fiscal year 2003 shall be available to carry
out section 504(b) of such title (relating to local technical
assistance); and
(C) $2,000,000 for each of fiscal years 1998 through
2003 shall be available to carry out section 504(c)(2) of
such title (relating to the Eisenhower Transportation
Fellowship Program).
(4) ITS DEPLOYMENT.—Of the amounts made available
under subsection (a)(6)—
(A) $74,000,000 for fiscal year 1998, $75,000,000 for
fiscal year 1999, $80,000,000 for fiscal year 2000,
$83,000,000 for fiscal year 2001, $85,000,000 for fiscal year
2002, and $85,000,000 for fiscal year 2003 shall be available
to carry out section 5208 of this Act (relating to Intelligent
Transportation Systems integration); and
(B) $25,500,000 for fiscal year 1998, $27,200,000 for
fiscal year 1999, $30,200,000 for fiscal year 2000,
$32,200,000 for fiscal year 2001, $33,500,000 for fiscal year
2002, and $35,500,000 for fiscal year 2003 shall be available
to carry out section 5209 of this Act (relating to commercial
vehicle infrastructure).
(d) TRANSFERS
OF FUNDS.—The Secretary may transfer not
to exceed 10 percent of the amounts allocated in a fiscal year
under a subparagraph in each of paragraphs (1) through (4) of
subsection (c) to the amounts allocated under any other subpara-
graph in the paragraph.
SEC. 5002. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Highway Trust
Fund (other than the Mass Transit Account) by section 5001(a)
of this Act shall not exceed $403,150,000 for fiscal year 1998,
$409,150,000 for fiscal year 1999, $427,950,000 for fiscal year 2000,
H. R. 2400—316
$442,750,000 for fiscal year 2001, $453,000,000 for fiscal year 2002,
and $468,000,000 for fiscal year 2003.
SEC. 5003. NOTICE.
(a) NOTICE OF REPROGRAMMING.—If any funds authorized for
carrying out this title or the amendments made by this title are
subject to a reprogramming action that requires notice to be pro-
vided to the Committees on Appropriations of the House of Rep-
resentatives and the Senate, notice of such action shall concurrently
be provided to the Committee on Transportation and Infrastructure
and the Committee on Science of the House of Representatives
and the Committee on Environment and Public Works of the Senate.
(b) NOTICE OF REORGANIZATION.—On or before the 15th day
preceding the date of any major reorganization of a program, project,
or activity of the Department of Transportation for which funds
are authorized by this title or the amendments made by this title,
the Secretary shall provide notice of such reorganization to the
Committee on Transportation and Infrastructure and the Commit-
tee on Science of the House of Representatives and the Committee
on Environment and Public Works of the Senate.
Subtitle B—Research and Technology
SEC. 5101. 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
‘‘Sec.
‘‘501. Definitions.
‘‘502. Surface transportation research.
‘‘503. Technology deployment program.
‘‘504. Training and education.
‘‘505. State planning and research.
‘‘506. International highway transportation outreach program.
‘‘507. Surface transportation-environment cooperative research program.
‘‘508. Surface transportation research strategic planning.
‘‘§ 501. Definitions
‘‘In this chapter, the following definitions apply:
‘‘(1) FEDERAL LABORATORY.—The term ‘Federal laboratory’
includes a Government-owned, Government-operated laboratory
and a Government-owned, contractor-operated laboratory.
‘‘(2) SAFETY.—The term ‘safety’ includes highway and traffic
safety systems, research, and development relating to vehicle,
highway, driver, passenger, bicyclist, and pedestrian character-
istics, accident investigations, communications, emergency
medical care, and transportation of the injured.’’.
SEC. 5102. SURFACE TRANSPORTATION RESEARCH.
Chapter 5 of title 23, United States Code (as added by section
5101 of this title), is amended by adding at the end the following:
H. R. 2400—317
‘‘§ 502. Surface transportation research
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER
ACTIVITIES.—The Secretary may carry out research, develop-
ment, and technology transfer activities with respect to—
‘‘(A) motor carrier transportation;
‘‘(B) all phases of transportation planning and develop-
ment (including construction, operation, modernization,
development, design, maintenance, safety, financing, and
traffic conditions); and
‘‘(C) the effect of State laws on the activities described
in subparagraphs (A) and (B).
‘‘(2) TESTS AND DEVELOPMENT.—The Secretary may test,
develop, or assist in testing and developing any material, inven-
tion, patented article, or process.
‘‘(3) COOPERATION, GRANTS, AND
CONTRACTS.—The Sec-
retary may carry out this section—
‘‘(A) independently;
‘‘(B) in cooperation with other Federal departments,
agencies, and instrumentalities and Federal laboratories;
or
‘‘(C) by making grants to, or entering into contracts,
cooperative agreements, and other transactions with, the
National Academy of Sciences, the American Association
of State Highway and Transportation Officials, or any Fed-
eral laboratory, State agency, authority, association,
institution, for-profit or nonprofit corporation, organization,
foreign country, or person.
‘‘(4) TECHNOLOGICAL
INNOVATION.—The programs and
activities carried out under this section shall be consistent
with the surface transportation research and technology
development strategic plan developed under section 508.
‘‘(5) FUNDS.—
‘‘(A) SPECIAL
ACCOUNT.—In addition to other funds
made available to carry out this section, the Secretary
shall use such funds as may be deposited by any cooperat-
ing organization or person in a special account of the Treas-
ury established for this purpose.
‘‘(B) USE OF FUNDS.—The Secretary shall use funds
made available to carry out this section to develop, admin-
ister, communicate, and promote the use of products of
research, development, and technology transfer programs
under this section.
‘‘(b) COLLABORATIVE RESEARCH AND DEVELOPMENT.—
‘‘(1) IN
GENERAL.—To encourage innovative 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—
‘‘(A) non-Federal entities, including State and local
governments, foreign governments, colleges and univer-
sities, 
corporations, 
institutions, 
partnerships, 
sole
proprietorships, and trade associations that are incor-
porated or established under the laws of any State; and
‘‘(B) Federal laboratories.
‘‘(2) AGREEMENTS.—In carrying out this subsection, the Sec-
retary may enter into cooperative research and development
H. R. 2400—318
agreements (as defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a)).
‘‘(3) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—The Federal share of the cost of
activities carried out under a cooperative research and
development agreement entered into under this subsection
shall not exceed 50 percent, except that if there is substan-
tial public interest or benefit, the Secretary may approve
a greater Federal share.
‘‘(B) NON-FEDERAL SHARE.—All costs directly incurred
by the non-Federal partners, including personnel, travel,
and hardware development costs, shall be credited toward
the non-Federal share of the cost of the activities described
in subparagraph (A).
‘‘(4) USE OF TECHNOLOGY.—The research, development, or
use of a technology under a cooperative research and develop-
ment agreement entered into under this subsection, including
the terms under which the technology may be licensed and
the resulting royalties may be distributed, shall be subject
to the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3701 et seq.).
‘‘(5) WAIVER OF ADVERTISING REQUIREMENTS.—Section 3709
of the Revised Statutes (41 U.S.C. 5) shall not apply to a
contract or agreement entered into under this chapter.
‘‘(c) CONTENTS OF RESEARCH PROGRAM.—The Secretary shall
include in surface transportation research, technology development,
and technology transfer programs carried out under this title coordi-
nated activities in the following areas:
‘‘(1) Development, use, and dissemination of indicators,
including appropriate computer programs for collecting and
analyzing data on the status of infrastructure facilities, to
measure the performance of the surface transportation systems
of the United States, including productivity, efficiency, energy
use, air quality, congestion, safety, maintenance, and other
factors that reflect system performance.
‘‘(2) Methods, materials, and testing to improve the durabil-
ity of surface transportation infrastructure facilities and extend
the life of bridge structures, including—
‘‘(A) new and innovative technologies to reduce corro-
sion;
‘‘(B) tests simulating seismic activity, vibration, and
weather; and
‘‘(C) the use of innovative recycled materials.
‘‘(3) Technologies and practices that reduce costs and mini-
mize disruptions associated with the construction, rehabilita-
tion, and maintenance of surface transportation systems,
including responses to natural disasters.
‘‘(4) Development of nondestructive evaluation equipment
for use with existing infrastructure facilities and with next-
generation infrastructure facilities that use advanced materials.
‘‘(5) Dynamic simulation models of surface transportation
systems for—
‘‘(A) predicting capacity, safety, and infrastructure
durability problems;
‘‘(B) evaluating planned research projects; and
‘‘(C) testing the strengths and weaknesses of proposed
revisions to surface transportation operations programs.
H. R. 2400—319
‘‘(6) Economic highway geometrics, structures, and desir-
able weight and size standards for vehicles using the public
highways and the feasibility of uniformity in State regulations
with respect to such standards.
‘‘(7) Telecommuting and the linkages between transpor-
tation, information technology, and community development
and the impact of technological change and economic restructur-
ing on travel demand.
‘‘(8) Expansion of knowledge of implementing life cycle
cost analysis, including—
‘‘(A) establishing the appropriate analysis period and
discount rates;
‘‘(B) learning how to value and properly consider use
costs;
‘‘(C) determining tradeoffs between reconstruction and
rehabilitation; and
‘‘(D) establishing methodologies for balancing higher
initial costs of new technologies and improved or advanced
materials against lower maintenance costs.
‘‘(9) Standardized estimates, to be developed in conjunction
with the National Institute of Standards and Technology and
other appropriate organizations, of useful life under various
conditions for advanced materials of use in surface transpor-
tation.
‘‘(10) Evaluation of traffic calming measures that promote
community preservation, transportation mode choice, and
safety.
‘‘(11) Development and implementation of safety-enhancing
equipment, including unobtrusive eyetracking technology.
‘‘(d) ADVANCED RESEARCH.—
‘‘(1) IN
GENERAL.—The Secretary shall establish an
advanced research program, consistent with the surface
transportation research and technology development strategic
plan developed under section 508, that addresses longer-term,
higher-risk research that shows potential benefits for improving
the durability, efficiency, environmental impact, productivity,
and safety (including bicycle and pedestrian safety) of highway
and intermodal transportation systems. In carrying out the
program, the Secretary shall strive to develop partnerships
with the public and private sectors.
‘‘(2) RESEARCH AREAS.—In carrying out the program, the
Secretary may make grants and enter into cooperative agree-
ments and contracts in such areas as the Secretary determines
appropriate, including the following:
‘‘(A) Characterization of materials used in highway
infrastructure, including analytical techniques, microstruc-
ture modeling, and the deterioration processes.
‘‘(B) Diagnostics for evaluation of the condition of
bridge and pavement structures to enable the assessment
of risks of failure, including from seismic activity, vibration,
and weather.
‘‘(C) Design and construction details for composite
structures.
‘‘(D) Safety technology-based problems in the areas
of pedestrian and bicycle safety, roadside hazards, and
composite materials for roadside safety hardware.
H. R. 2400—320
‘‘(E) Environmental research, including particulate
matter source apportionment and model development.
‘‘(F) Data acquisition techniques for system condition
and performance monitoring.
‘‘(G) Human factors, including prediction of the
response of travelers to new technologies.
‘‘(e) LONG-TERM PAVEMENT PERFORMANCE PROGRAM.—
‘‘(1) 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 Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1914 et seq.)
through the midpoint of a planned 20-year life of the long-
term pavement performance program.
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—
Under the program, the Secretary shall make grants and enter
into cooperative agreements and contracts to—
‘‘(A) monitor, material-test, and evaluate highway test
sections in existence as of the date of the grant, agreement,
or contract;
‘‘(B) analyze the data obtained in carrying out subpara-
graph (A); and
‘‘(C) prepare products to fulfill program objectives and
meet future pavement technology needs.
‘‘(f) SEISMIC RESEARCH PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a pro-
gram to study the vulnerability of the Federal-aid highway
system and other surface transportation systems to seismic
activity and to develop and implement cost-effective methods
to reduce such vulnerability.
‘‘(2) COOPERATION WITH NATIONAL CENTER FOR EARTHQUAKE
ENGINEERING RESEARCH.—The Secretary shall conduct the pro-
gram in cooperation with the National Center for Earthquake
Engineering Research at the University of Buffalo.
‘‘(3) 
COOPERATION
WITH
AGENCIES
PARTICIPATING
IN
NATIONAL
EARTHQUAKE
HAZARDS
REDUCTION
PROGRAM.—The
Secretary shall conduct the program in consultation and
cooperation with Federal departments and agencies participat-
ing in the National Earthquake Hazards Reduction Program
established by section 5 of the Earthquake Hazards Reduction
Act of 1977 (42 U.S.C. 7704) and shall take such actions as
may be necessary to ensure that the program is consistent
with—
‘‘(A) planning and coordination activities of the Director
of the Federal Emergency Management Agency under sec-
tion 5(b)(1) of such Act (42 U.S.C. 7704(b)(1)); and
‘‘(B) the plan developed by the Director of the Federal
Emergency Management Agency under section 8(b) of such
Act (42 U.S.C. 7705b(b)).
‘‘(g) INFRASTRUCTURE INVESTMENT NEEDS REPORT.—
‘‘(1) IN GENERAL.—Not later than January 31, 1999, and
January 31 of every second year thereafter, the Secretary shall
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—
H. R. 2400—321
‘‘(A) estimates of the future highway and bridge needs
of the United States; and
‘‘(B) the backlog of current highway and bridge needs.
‘‘(2) COMPARISON WITH PRIOR REPORTS.—Each report under
paragraph (1) shall provide the means, including all necessary
information, to relate and compare the conditions and service
measures used in the 3 biannual reports published prior to
the date of enactment of the Transportation Equity Act for
the 21st Century.’’.
SEC. 5103. TECHNOLOGY DEPLOYMENT.
Chapter 5 of title 23, United States Code (as added by section
5101 of this title), is amended by adding at the end the following:
‘‘§ 503. Technology deployment
‘‘(a) TECHNOLOGY DEPLOYMENT INITIATIVES AND PARTNERSHIPS
PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary shall develop and
administer a national technology deployment initiatives and
partnerships program.
‘‘(2) PURPOSE.—The purpose of the program shall be to
significantly accelerate the adoption of innovative technologies
by the surface transportation community.
‘‘(3) DEPLOYMENT GOALS.—
‘‘(A) ESTABLISHMENT.—Not later than 180 days after
the date of enactment of this section, the Secretary shall
establish not more than 5 deployment goals to carry out
paragraph (1).
‘‘(B) DESIGN.—Each of the goals and the program devel-
oped to achieve the goals shall be designed to provide
tangible benefits, with respect to transportation systems,
in the areas of efficiency, safety, reliability, service life,
environmental protection, and sustainability.
‘‘(C) STRATEGIES
FOR
ACHIEVEMENT.—For each goal,
the Secretary, in cooperation with representatives of the
transportation community such as States, local govern-
ments, the private sector, and academia, shall use domestic
and international technology to develop strategies and ini-
tiatives to achieve the goal, including technical assistance
in deploying technology and mechanisms for sharing
information among program participants.
‘‘(4) INTEGRATION WITH OTHER PROGRAMS.—The Secretary
shall integrate activities carried out under this subsection with
the efforts of the Secretary to disseminate the results of
research sponsored by the Secretary and to facilitate technology
transfer.
‘‘(5) LEVERAGING
OF
FEDERAL
RESOURCES.—In selecting
projects to be carried out under this subsection, the Secretary
shall give preference to projects that leverage Federal funds
with other significant public or private resources.
‘‘(6) CONTINUATION OF SHRP PARTNERSHIPS.—Under the pro-
gram, the Secretary shall continue the partnerships 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).
‘‘(7) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—
Under the program, the Secretary may make grants and enter