369
available from the Highway Trust Fund, including
innovative and nontraditional methods of procure-
ment.
(2) ITS SOFTWARE.—To the maximum extent
practicable, contracting officials shall use as a criti-
cal evaluation criterion the Software Engineering In-
stitute’s Capability Maturity Model, or another simi-
lar recognized standard risk assessment methodol-
ogy, to reduce the cost, schedule, and performance
risks associated with the development, management,
and integration of ITS software.
SEC. 654. NATIONAL ITS PROGRAM PLAN.
(a) NATIONAL ITS PROGRAM PLAN.—
(1) UPDATES.—The Secretary shall maintain
and update, as necessary, the National ITS Program
Plan developed by the Department of Transportation
and the Intelligent Transportation Society of Amer-
ica.
(2) SCOPE.—The National ITS Program Plan
shall—
(A) specify the goals, objectives, and mile-
stones for the deployment of intelligent trans-
portation infrastructure in the context of major
metropolitan areas, smaller metropolitan and
370
rural areas, and commercial vehicle information
systems and networks;
(B) specify how specific programs and
projects relate to the goals, objectives, and mile-
stones referred to in subparagraph (A), includ-
ing consideration of the 5-, 10-, and 20-year
timeframes for the goals and objectives;
(C) establish a course of action necessary
to achieve the program’s goals and objectives;
(D) provide for the evolutionary develop-
ment of standards and protocols to promote
and ensure interoperability in the implementa-
tion of ITS technologies; and
(E) establish a cooperative process with
State and local governments for determining
desired surface transportation system perform-
ance levels and developing plans for national in-
corporation of specific ITS capabilities into sur-
face transportation systems.
(b) IMPLEMENTATION REPORTS.—Not later than 1
year after the date of the enactment of this Act, and bien-
nially thereafter, the Secretary shall transmit to the Com-
mittee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment
371
and Public Works of the Senate a report on implementa-
tion of the National ITS Program Plan.
SEC. 655. TECHNICAL ASSISTANCE, PLANNING, RESEARCH,
AND OPERATIONAL TESTS.
(a) TECHNICAL ASSISTANCE, TRAINING, AND INFOR-
MATION.—The Secretary may provide technical assistance,
training, and information to State and local governments
seeking to implement, operate, maintain, and evaluate ITS
technologies and services.
(b) TRANSPORTATION PLANNING.—The Secretary
may provide funding to support adequate consideration of
transportation system management and operations, in-
cluding ITS, within metropolitan and statewide transpor-
tation planning processes.
(c) RESEARCH AND OPERATIONAL TESTS.—The Sec-
retary may provide funding for research and operational
tests relating to ITS.
(d) DEMONSTRATION AND EVALUATION OF INTEL-
LIGENT VEHICLE HIGHWAY SYSTEMS.—The Secretary
may conduct research and development activities for the
purpose of demonstrating integrated intelligent vehicle
highway systems and roadway safety systems. Such re-
search shall include state-of-the-art systems and shall inte-
grate collision avoidance, in-vehicle information, and other
safety related systems (including infrastructure-based sys-
372
tems). Development work shall incorporate human factors
research findings.
SEC. 656. ITS DEPLOYMENT.
(a) INTELLIGENT TRANSPORTATION INFRASTRUC-
TURE DEPLOYMENT INCENTIVES PROGRAM.—The Sec-
retary shall conduct a program to promote the deployment
of regionally integrated, intermodal intelligent transpor-
tation systems and, through financial and technical assist-
ance under this subtitle, shall assist in the development
and implementation of such systems.
(b) GOALS.—In accordance with the National ITS
Program Plan under section 654 of this Act, the Secretary
shall provide incentives for the deployment of integrated
applications of intermodal, intelligent transportation infra-
structure and system technologies to—
(1) stimulate sufficient deployment to validate
and accelerate the establishment of national ITS
standards and protocols;
(2) realize the benefits of regionally integrated,
intermodal deployment of intelligent transportation
infrastructure and commercial vehicle operations, in-
cluding electronic border crossing applications; and
(3) motivate innovative approaches to over-
coming non-technical constraints or impediments to
deployment.
373
(c) PROJECT SELECTION.—In order to be eligible for
funding under this section, a project shall—
(1) contribute to national deployment goals and
objectives outlined in the National ITS Program
Plan under section 654 of this Act;
(2) demonstrate a strong commitment to co-
operation among agencies, jurisdictions, and the pri-
vate sector, as evidenced by signed memorandums of
understanding that clearly define the responsibilities
and relation of all parties to a partnership arrange-
ment, including institutional relationships and finan-
cial agreements needed to support deployment, and
commitment to the criteria provided in paragraphs
(3) through (7);
(3) demonstrate commitment to a comprehen-
sive plan of fully integrated ITS deployment in ac-
cordance with the national ITS architecture and
standards and protocols established under section
653(b) of this Act;
(4) be part of approved plans and programs de-
veloped under applicable statewide and metropolitan
transportation planning processes and applicable
State air quality implementation plans at the time
Federal funds are sought;
374
(5) minimize the relative percentage and
amount of Federal contributions under this section
to total project costs;
(6) ensure continued, long-term operations and
maintenance without continued reliance on Federal
funding under this subtitle, along with documented
evidence of fiscal capacity and commitment from an-
ticipated public and private sources; and
(7) demonstrate technical capacity for effective
operations and maintenance or commitment to ac-
quiring necessary skills.
(d) FUNDING LIMITATIONS.—
(1) PROJECTS
IN
METROPOLITAN
AREAS.—
Funding under this section for intelligent transpor-
tation infrastructure projects in metropolitan areas
shall be limited to activities primarily necessary to
integrate intelligent transportation infrastructure
elements either deployed or to be deployed with
other sources of funds.
(2) OTHER PROJECTS.—For commercial vehicle
projects and projects outside metropolitan areas,
funding provided under this subtitle may also be
used for installation of intelligent transportation in-
frastructure elements.
375
(3) 
FISCAL
YEAR
LIMITATIONS.—Of 
the
amounts made available to carry out this section in
a fiscal year—
(A) not more than $15,000,000 may be
used for projects in a metropolitan area;
(B) not more than $2,000,000 may be
used for a project in a rural area;
(C) not more than $5,000,000 may be
used for a commercial vehicle information sys-
tem and network project; and
(D) not more than $35,000,000 may be
used for projects in a State.
(4) PRIORITIES.—In providing funding for
projects under this section, the Secretary shall allo-
cate—
(A) not less than 25 percent of the funds
made available to carry out this section to eligi-
ble State and local entities for the implementa-
tion of commercial vehicle information systems
and networks, and international border crossing
improvements, in support of public sector com-
mercial vehicle operations nationwide; and
(B) not less than 10 percent of such funds
for other intelligent transportation infrastruc-
376
ture deployment activities outside of metropoli-
tan areas.
SEC. 657. FUNDING ALLOCATIONS.
(a) INTELLIGENT TRANSPORTATION INFRASTRUC-
TURE DEPLOYMENT INCENTIVES PROGRAM.—
(1) ALLOCATION.—Of the amounts made avail-
able for each of fiscal years 1998 through 2000 by
section 127(a)(3)(I) of this Act, $75,000,000 per fis-
cal year shall be available to carry out section 656
of this Act.
(2) USE OF UNALLOCATED AMOUNTS.—In addi-
tion to amounts made available by subsection (b),
any amounts made available under paragraph (1)
and not allocated by the Secretary for carrying out
section 656 of this Act may be used by the Secretary
for carrying out other activities authorized under
this subtitle.
(b) ITS RESEARCH AND PROGRAM SUPPORT ACTIVI-
TIES.—Of the amounts made available for each of fiscal
years 1998 through 2000 by section 127(a)(3)(I) of this
Act, $100,000,000 per fiscal year shall be available to
carry out multi-year research and technology development
initiatives under this subtitle (other than projects under
section 656 of this Act).
(c) FEDERAL SHARE PAYABLE.—
377
(1) INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE DEPLOYMENT INCENTIVES PROGRAM.—
For activities funded with amounts allocated under
subsection (a), the Federal share payable from such
amounts shall not exceed 50 percent of the costs of
the activities, and the total Federal share payable
from all eligible sources (including subsection (a))
shall not exceed 80 percent of the costs of the activi-
ties.
(2) OTHER PROGRAMS.—For activities funded
with amounts allocated under subsection (b), unless
the Secretary determines otherwise, the Federal
share payable on account of such activities shall not
exceed 80 percent of the costs of the activities.
(3) LONG-RANGE ACTIVITIES.—For long-range
activities undertaken in partnership with private en-
tities for the purposes of section 655(d) of this Act,
the Federal share payable from funds allocated
under this subtitle on account of such activities shall
not exceed 50 percent of the costs of the activities,
and the total Federal share payable from all eligible
sources (including subsection (a)) shall not exceed
80 percent of the costs of the activities.
(4) PARTICIPATION OF OTHER PUBLIC AND PRI-
VATE SOURCES.—The Secretary shall seek maximum
378
participation in the funding of activities under this
subtitle from other public and private sources, and
shall minimize the use of funds provided under this
subtitle for the construction or long-term acquisition
of buildings and grounds.
SEC. 658. REPEAL.
Part B of title VI of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (105 Stat. 2189–2195)
is repealed.
TITLE VII—TRUTH IN
BUDGETING
SEC. 701. BUDGETARY TREATMENT OF HIGHWAY TRUST
FUND, AIRPORT AND AIRWAY TRUST FUND,
INLAND WATERWAYS TRUST FUND, AND HAR-
BOR MAINTENANCE TRUST FUND.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law except the Line Item Veto Act of 1996, the
receipts and disbursements of the Highway Trust Fund,
the Airport and Airway Trust Fund, the Inland Water-
ways Trust Fund, and the Harbor Maintenance Trust
Fund—
(1) shall not be counted as new budget author-
ity, outlays, receipts, or deficit or surplus for pur-
poses of—
379
(A) the budget of the United States Gov-
ernment as submitted by the President,
(B) the congressional budget (including al-
locations of budget authority and outlays pro-
vided therein), or
(C) the Balanced Budget and Emergency
Deficit Control Act of 1985; and
(2) shall be exempt from any general budget
limitation imposed by statute on expenditures and
net lending (budget outlays) of the United States
Government.
(b) LIMITATION
ON INTEREST PAID
TO TRUST
FUNDS.—
(1) IN
GENERAL.—Paragraph (3) of section
9602(b) of the Internal Revenue Code of 1986 is
amended by adding at the end the following new
sentence: ‘‘The amount of interest credited to the
Airport and Airway Trust Fund, the Highway Trust
Fund, the Harbor Maintenance Trust Fund, or the
Inland Waterways Trust Fund for any fiscal year
shall not exceed the amount of interest which would
be credited to such Fund if such interest were deter-
mined at the average interest rate on 52-week
Treasury securities sold to the public during such
fiscal year.’’.
380
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply to fiscal years begin-
ning after the date of the enactment of this Act.
SEC. 702. SAFEGUARDS AGAINST DEFICIT SPENDING OUT
OF AIRPORT AND AIRWAY TRUST FUND.
(a) IN GENERAL.—Chapter 471 of title 49, United
States Code, is amended by inserting after section 47134
the following new section:
‘‘§ 47135. Safeguards against deficit spending
‘‘(a) ESTIMATES OF UNFUNDED AVIATION AUTHOR-
IZATIONS AND NET AVIATION RECEIPTS.—Not later than
March 31 of each year, the Secretary, in consultation with
the Secretary of the Treasury, shall estimate—
‘‘(1) the amount which would (but for this sec-
tion) be the unfunded aviation authorizations at the
close of the first fiscal year that begins after that
March 31, and
‘‘(2) the net aviation receipts at the close of
such fiscal year.
‘‘(b) PROCEDURE IF EXCESS UNFUNDED AVIATION
AUTHORIZATIONS.—If the Secretary determines for any
fiscal year that the amount described in subsection (a)(1)
exceeds the amount described in subsection (a)(2), the
Secretary shall determine the amount of such excess.
381
‘‘(c) ADJUSTMENT
OF AUTHORIZATIONS IF UN-
FUNDED AUTHORIZATIONS EXCEED RECEIPTS.—
‘‘(1) DETERMINATION OF PERCENTAGE.—If the
Secretary determines that there is an excess referred
to in subsection (b) for a fiscal year, the Secretary
shall determine the percentage which—
‘‘(A) such excess, is of
‘‘(B) the total of the amounts authorized
to be appropriated from the Airport and Airway
Trust Fund for the next fiscal year.
‘‘(2) ADJUSTMENT
OF
AUTHORIZATIONS.—If
the Secretary determines a percentage under para-
graph (1), each amount authorized to be appro-
priated from the Airport and Airway Trust Fund for
the next fiscal year shall be reduced by such percent-
age.
‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH-
HELD.—
‘‘(1) ADJUSTMENT
OF
AUTHORIZATIONS.—If,
after a reduction has been made under subsection
(c)(2), the Secretary determines that the amount de-
scribed in subsection (a)(1) does not exceed the
amount described in subsection (a)(2) or that the ex-
cess referred to in subsection (b) is less than the
amount previously determined, each amount author-
382
ized to be appropriated that was reduced under sub-
section (c)(2) shall be increased, by an equal per-
centage, to the extent the Secretary determines that
it may be so increased without causing the amount
described in subsection (a)(1) to exceed the amount
described in subsection (a)(2) (but not by more than
the amount of the reduction).
‘‘(2) APPORTIONMENT.—The Secretary shall
apportion amounts made available for apportionment
by paragraph (1).
‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap-
portioned under paragraph (2) shall remain available
for the period for which they would be available if
such apportionment took effect with the fiscal year
in which they are apportioned under paragraph (2).
‘‘(e) REPORTS.—Any estimate under subsection (a)
and any determination under subsection (b), (c), or (d)
shall be reported by the Secretary to Congress.
‘‘(f) DEFINITIONS.—For purposes of this section, the
following definitions apply:
‘‘(1) NET AVIATION RECEIPTS.—The term ‘net
aviation receipts’ means, with respect to any period,
the excess of—
383
‘‘(A) the receipts (including interest) of the
Airport and Airway Trust Fund during such
period, over
‘‘(B) the amounts to be transferred during
such period from the Airport and Airway Trust
Fund under section 9502(d) of the Internal
Revenue Code of 1986 (other than paragraph
(1) thereof).
‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.—
The term ‘unfunded aviation authorization’ means,
at any time, the excess (if any) of—
‘‘(A) the total amount authorized to be ap-
propriated from the Airport and Airway Trust
Fund which has not been appropriated, over
‘‘(B) the amount available in the Airport
and Airway Trust Fund at such time to make
such appropriation (after all other unliquidated
obligations at such time which are payable from
the Airport and Airway Trust Fund have been
liquidated).’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 471 of title 49, United States Code, is amended
by inserting after the item relating to section 47134 the
following:
‘‘47135. Safeguards against deficit spending.’’.
384
SEC. 703. SAFEGUARDS AGAINST DEFICIT SPENDING OUT
OF THE INLAND WATERWAYS TRUST FUND
AND HARBOR MAINTENANCE TRUST FUND.
(a) ESTIMATES OF UNFUNDED INLAND WATERWAYS
AUTHORIZATIONS AND NET INLAND WATERWAYS RE-
CEIPTS.—Not later than March 31 of each year, the Sec-
retary of the Army, in consultation with the Secretary of
the Treasury, shall estimate—
(1) the amount which would (but for this sec-
tion) be the unfunded inland waterways authoriza-
tions and unfunded harbor maintenance authoriza-
tions at the close of the first fiscal year that begins
after that March 31; and
(2) the net inland waterways receipts and net
harbor maintenance receipts at the close of such fis-
cal year.
(b) PROCEDURE IF EXCESS UNFUNDED INLAND WA-
TERWAYS AUTHORIZATIONS.—If the Secretary of the
Army determines with respect to the Inland Waterways
Trust Fund or the Harbor Maintenance Trust Fund for
any fiscal year that the amount described in subsection
(a)(1) exceeds the amount described in subsection (a)(2),
the Secretary shall determine the amount of such excess.
(c) ADJUSTMENT
OF
AUTHORIZATIONS
IF
UN-
FUNDED AUTHORIZATIONS EXCEED RECEIPTS.—