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State is eligible for a basic grant under this sub-
section, the State shall be eligible to receive a sup-
plemental grant in a fiscal year of up to 5 percent
of the amount apportioned to the State in fiscal year
1997 under section 402 of this title. The State may
receive a separate supplemental grant for meeting
each of the following criteria:
‘‘(A) PENALTY POINTS AGAINST A DRIV-
ER’S LICENSE FOR VIOLATIONS OF CHILD PAS-
SENGER
PROTECTION
REQUIREMENTS.—The
State has in effect a law that requires the impo-
sition of penalty points against a driver’s li-
cense for violations of child passenger protec-
tion requirements.
‘‘(B) ELIMINATION OF NON-MEDICAL EX-
EMPTIONS TO SAFETY BELT AND CHILD PAS-
SENGER PROTECTION LAWS.—The State has in
effect safety belt and child passenger protection
laws that contain no nonmedical exemptions.
‘‘(C) CHILD OCCUPANT PROTECTION EDU-
CATION
PROGRAM.—The State demonstrates
implementation of a statewide comprehensive
child occupant protection education program
that includes education about proper seating
positions for children in air bag equipped motor
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vehicles and instruction on how to reduce the
improper use of child restraints systems.
‘‘(D) OPEN BED LAWS.—The State has in
effect a law that prohibits persons from riding
in the open bed of a pickup truck.
‘‘(E) SAFETY BELT USE IN REAR SEATS.—
The State has in effect a law that requires safe-
ty belt use by all rear-seat passengers in all
passenger motor vehicles with a rear seat.
‘‘(5) DEFINITIONS.—As used in this sub-
section—
‘‘(A) ‘Child safety seat’ means any device
except safety belts, designed for use in a motor
vehicle to restrain, seat, or position children
who weigh 50 pounds or less.
‘‘(B) ‘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.
‘‘(C) 
‘Multipurpose 
passenger 
vehicle’
means a motor vehicle with motive power (ex-
cept a trailer), designed to carry not more than
10 individuals, that is constructed either on a
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truck chassis or with special features for occa-
sional off-road operation.
‘‘(D) ‘Passenger car’ means a motor vehi-
cle with motive power (except a multipurpose
passenger vehicle, motorcycle, or trailer) de-
signed to carry not more than 10 individuals.
‘‘(E) ‘Passenger motor vehicle’ means a
passenger car or a multipurpose passenger
motor vehicle.
‘‘(F) ‘Safety belt’ means—
‘‘(i) with respect to open-body pas-
senger vehicles, including convertibles, an
occupant restraint system consisting of a
lap belt or a lap belt and a detachable
shoulder belt; and
‘‘(ii) with respect to other passenger
vehicles, an occupant restraint system con-
sisting of integrated lap and shoulder belts.
‘‘(n) 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 sys-
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tems, including traffic records, together and with other
data systems within the State, such as systems that con-
tain 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 multi-disciplinary mem-
bership including the administrators, col-
lectors, 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
multi-year highway safety data and traffic
records strategic plan to be approved by
the Highway Safety Data and Traffic
Records 
Coordinating 
Committee 
that
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identifies and prioritizes its highway safety
data and traffic records needs and goals,
and 
that 
identifies 
performance-based
measures by which progress toward those
goals will be determined; or
‘‘(B) Provides, to the satisfaction of the
Secretary—
‘‘(i) certification that it has met the
provisions outlined in clauses (A)(i) and
(A)(ii) of subparagraph (A) of this para-
graph;
‘‘(ii) a multi-year plan that identifies
and prioritizes the State’s highway safety
data and traffic records needs and goals,
that specifies how its incentive funds for
the fiscal year will be used to address those
needs and the goals of the plan, and that
identifies performance-based measures by
which progress toward those goals will be
determined; and
‘‘(iii) certification that the Highway
Safety Data and Traffic Records Coordi-
nating Committee continues to operate and
supports the multi-year plan described in
clause (B)(ii) of this subparagraph.
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‘‘(2) 
FIRST-YEAR
GRANT
AMOUNT.—The
amount of a first-year grant made for State highway
safety data and traffic records improvements for any
fiscal year to any State eligible for such a grant
under subparagraph (1)(A) of paragraph (A) of this
subsection shall equal $125,000, subject to the avail-
ability of appropriations, and for any State eligible
for such a grant under subparagraph (1)(B) of this
subsection shall equal a proportional amount of the
amount apportioned to the State for fiscal year 1997
under section 402 of this title, except that no State
shall receive less than $225,000, subject to the avail-
ability of appropriations.
‘‘(3) STATE HIGHWAY SAFETY DATA AND TRAF-
FIC
RECORDS
IMPROVEMENTS: SUCCEEDING-YEAR
GRANTS.—A State shall be eligible for a grant in
any fiscal year succeeding the first fiscal year in
which the State receives a State highway safety data
and traffic records grant if the State, to the satis-
faction of the Secretary:
‘‘(A) Submits or updates a multi-year plan
that identifies and prioritizes the State’s high-
way safety data and traffic records needs and
goals, that specifies how its incentive funds for
the fiscal year will be used to address those
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needs and the goals of the plan, and that iden-
tifies performance-based measures by which
progress toward those goals will be determined;
‘‘(B) Certifies that its Highway Safety
Data and Traffic Records Coordinating Com-
mittee continues to support the multi-year plan;
and
‘‘(C) Reports annually on its progress in
implementing the multi-year plan.
‘‘(4) SUCCEEDING-YEAR
GRANT
AMOUNTS.—
The amount of a succeeding-year grant made for
State highway safety data and traffic records im-
provements for any fiscal year to any State that is
eligible for such a grant shall equal a proportional
amount of the amount apportioned to the State for
fiscal year 1997 under section 402 of this title, ex-
cept that no State shall receive less than $225,000,
subject to the availability of appropriations.
‘‘(o) DRUGGED DRIVING COUNTERMEASURES.—The
Secretary shall make grants to those States that adopt
and implement effective programs to reduce drug use and
drugged driving:
‘‘(1) GRANT ELIGIBILITY.—A State is eligible
for a grant under this subsection in a fiscal year by
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meeting, to the satisfaction of the Secretary, 5 or
more of the following criteria:
‘‘(A) ZERO TOLERANCE FOR DRUGS.—The
State has in effect a law that requires that any
person with a measurable amount of a con-
trolled substance, a combination of controlled
substances, or a combination of alcohol and
controlled substances when driving a motor ve-
hicle shall be deemed to be driving under the
influence of or impaired by a controlled sub-
stance.
‘‘(B) 
DRUG
IMPAIRED
DRIVING.—The
State has in effect a law that makes it unlawful
for any person to drive or be in actual physical
control of a motor vehicle while under the influ-
ence of or impaired by a drug or substance
(licit or illicit).
‘‘(C) MANDATORY TESTING FOR DRUGS OR
SUBSTANCES.—The State has in effect a law
that provides for mandatory chemical testing
whenever a law enforcement officer has prob-
able cause under State law to believe that a
driver of a motor vehicle involved in a crash re-
sulting in the loss of human life or, as deter-
mined by the Secretary, serious bodily injury,
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has committed a drug or substance-related traf-
fic offense.
‘‘(D) ADMINISTRATIVE LICENSE REVOCA-
TION.—The State has in effect an administra-
tive driver’s license suspension or revocation
system for persons who operate motor vehicles
while under the influence of a drug or sub-
stance 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 one or more chemical
tests to have been operating a motor vehi-
cle under the influence of a drug or sub-
stance or is determined to have refused to
submit to such a test as requested by the
law enforcement officer, the State agency
responsible for administering drivers’ li-
censes, upon receipt 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 pe-
riod; and
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‘‘(II) shall suspend the driver’s li-
cense of such person for a period of
not less than 1 year, or revoke such li-
cense, if such person is a repeat of-
fender in such 5-year period; and
‘‘(ii) the suspension and revocation re-
ferred to under (D)(i) shall take effect not
later than 30 days after the day on which
the person was determined to have been
driving under the influence of drugs or re-
fused to take a chemical test in accordance
with the State’s procedures.
‘‘(E) LICENSE
REVOCATION
OR
SUSPEN-
SION
OF
PERSONS
CONVICTED
OF
DRUG
OF-
FENSES.—The State has in effect a law that re-
quires in all circumstances, or requires in the
absence of compelling circumstances warranting
an exception—
‘‘(i) the revocation, or suspension for
at least 6 months, of the driver’s license of
any person who is convicted, after the en-
actment of such law, of—
‘‘(I) any violation of the Con-
trolled Substances Act, or
‘‘(II) any drug offense; and
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‘‘(ii) a delay in the issuance or rein-
statement of a driver’s license to such a
person for at least 6 months after the per-
son applies for the issuance or reinstate-
ment of a driver’s license if the person
does not have a driver’s license, or the
driver’s license of the person is suspended,
at the time the person is so convicted.
‘‘(F) GRADUATED LICENSING.—The State
has adopted an effective three-stage graduated
licensing system for young drivers, as deter-
mined by the Secretary, that includes drug use
and drugged driving provisions.
‘‘(G) ACTIVE ENFORCEMENT AND PUBLIC-
ITY.—The State provides for active enforcement
and publicity, as determined by the Secretary,
of drugged driving laws.
‘‘(H) DRUG
INTERVENTION.—The State
has in effect a system that provides for an as-
sessment of persons determined to have been
operating a motor vehicle under the influence of
or impaired by a drug or controlled substance,
as determined by the Secretary, and referral to
drug education, counseling, and treatment, as
appropriate.
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‘‘(I) DRUG
EDUCATION.—The State has
adopted an effective educational program, as
determined by the Secretary, under which drug
information is provided to persons who apply
for and who renew their driver’s licenses, and
drug-related questions are included on drivers’
license examinations.
‘‘(2) GRANT AMOUNT.—The amount of a grant
made for drugged driving countermeasures for any
fiscal year to any eligible State shall not be more
than 20 percent of the amount apportioned to the
State for fiscal year 1997 under section 402 of this
title.
‘‘(3) DEFINITIONS.—For the purposes of this
subsection—
‘‘(A) ‘Alcoholic beverage’ has the meaning
such term has under section 158(c) of this title.
‘‘(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.’’.
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(g) CONFORMING
AMENDMENT.—Section 410 of
chapter 4 of this title is repealed, and the analysis for
chapter 4 of this title is amended by striking the item re-
lating to Section 410.
SEC. 2003. NATIONAL DRIVER REGISTER.
(a) TRANSFER OF SELECTED FUNCTIONS TO NON-
FEDERAL MANAGEMENT.—Section 30302 of title 49,
United States Code, is amended by adding at the end
thereof the following:
‘‘(e) TRANSFER OF SELECTED FUNCTIONS TO NON-
FEDERAL MANAGEMENT.—(1) The Secretary may enter
into an agreement with an organization that represents
the interests of the States to manage, administer, and op-
erate the National Driver Register’s computer timeshare
and user assistance functions. If the Secretary decides to
enter into such an agreement, the Secretary shall ensure
that the management of these functions is compatible with
this chapter and the regulations issued to implement this
chapter.
‘‘(2) Any transfer of the National Driver Register’s
computer timeshare and user assistance functions to an
organization that represents the interests of the States
shall begin only after a determination is made by the Sec-
retary that all States are participating in the National
Driver Register’s ‘Problem Driver Pointer System’ (the
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system used by the Register to effect the exchange of
motor vehicle driving records), and that the system is
functioning properly.
‘‘(3) The agreement entered into under this sub-
section shall include a provision for a transition period suf-
ficient to allow the States to make the budgetary and leg-
islative changes they may need to pay fees charged by the
organization representing their interests for their use of
the National Driver Register’s computer timeshare and
user assistance functions. During this transition period,
the Secretary (through the National Highway Traffic
Safety Administration) shall continue to fund these trans-
ferred functions.
‘‘(4) The total of the fees charged by the organization
representing the interests of the States in any fiscal year
for the use of the National Driver Register’s computer
timeshare and user assistance functions shall not exceed
the total cost to the organization for performing these
functions in such fiscal year.
‘‘(5) Nothing in this subsection shall be construed to
diminish, limit, or otherwise affect the authority of the
Secretary to carry out this chapter.’’.
(b) ACCESS TO REGISTER INFORMATION.—
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(1) 
CONFORMING
AMENDMENTS.—Section
30305(b) of title 49, United States Code, is amend-
ed—
(A) in paragraph (2), by inserting before
the period at the end ‘‘, unless the information
is about a revocation or suspension still in ef-
fect on the date of the request’’;
(B) In paragraph (8), as redesignated by
section 207(b) of the Coast Guard Authoriza-
tion Act of 1996 (Public Law 104–324, 110
Stat. 3908), by striking ‘‘paragraph (2)’’ and
substituting ‘‘subsection (a) of this section’’;
and
(C) by redesignating paragraph (8), as re-
designated by section 502(b)(1) of the Federal
Aviation Reauthorization Act of 1996 (Public
Law 104–264, 110 Stat. 3262), as paragraph
(9).
(2) FEDERAL
AGENCY
ACCESS
PROVISION.—
Section 30305(b) of title 49, United States Code, is
further amended by—
(A) redesignating paragraph (6) as para-
graph (10) and inserting it after paragraph (9);
(B) inserting the following new paragraph
(6):
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‘‘(6) The head of a Federal department or
agency that issues motor vehicle operator’s licenses
may request the chief driver licensing official of a
State to obtain information under subsection (a) of
this section about an individual applicant for a
motor vehicle operator’s license from such depart-
ment or agency. The department or agency may re-
ceive the information, provided it transmits to the
Secretary a report regarding any individual who is
denied a motor vehicle operator’s license by that de-
partment or agency for cause; whose motor vehicle
operator’s license is revoked, suspended or canceled
by that department or agency for cause; or about
whom the department or agency has been notified
of a conviction of any of the motor vehicle-related
offenses or comparable offenses listed in subsection
30304(a)(3) and over whom the department or agen-
cy has licensing authority. The report shall contain
the information specified in subsection 30304(b).’’;
and
(C) inserting the following at the end of
the subsection:
‘‘(11) The head of a Federal department or
agency authorized to receive information regarding
an individual from the Register under this section
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may request and receive such information from the
Secretary.’’.
SEC. 2004. AUTHORIZATIONS OF APPROPRIATIONS.
(a) HIGHWAY SAFETY PROGRAMS.—The following
sums are authorized to be appropriated out of the High-
way Trust Fund (other than the Mass Transit Account):
(1) CONSOLIDATED
STATE
HIGHWAY
SAFETY
PROGRAMS.—
(A) For carrying out the State and Com-
munity Highway Safety Program under section
402 of title 23, United States Code, by the Na-
tional Highway Traffic Safety Administration,
except for the incentive programs under sub-
sections (l), (m), (n), and (o) of that section,
$166,700,000 for each of fiscal years 1998,
1999, 
2000, 
2001, 
and 
2002, 
and
$171,034,000 for fiscal year 2003.
(B) To carry out the alcohol-impaired driv-
ing countermeasures incentive grant provisions
of subsection (l) of section 402 of title 23, Unit-
ed States Code, by the National Highway Traf-
fic Safety Administration, $44,000,000 for fis-
cal year 1998, $39,000,000 for each of fiscal
years 1999, 2000, and 2001, $49,000,000 for
fiscal year 2002, and $50,170,000 for fiscal
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HR 1268 IH1S
year 2003. Amounts made available to carry
out subsection (l) are authorized to remain
available until expended, provided that, in each
fiscal year the Secretary may reallocate any
amounts remaining available under subsection
(l) to subsections (m), (n), and (o) of section
402 of title 23, United States Code, as nec-
essary to ensure, to the maximum extent pos-
sible, that States may receive the maximum in-
centive funding for which they are eligible
under these programs.
(C) To carry out the occupant protection
program incentive grant provisions of sub-
section (m) of section 402 of title 23, United
States Code, by the National Highway Traffic
Safety Administration, $20,000,000 for each of
fiscal years 1998, 1999, 2000, and 2001,
$22,000,000 
for 
fiscal 
year 
2002, 
and
$22,312,000 for fiscal year 2003. Amounts
made available to carry out subsection (m) are
authorized to remain available until expended,
provided that, in each fiscal year the Secretary
may reallocate any amounts remaining available
under subsection (m) to subsections (l), (n),
and (o) of section 402 of title 23, United States
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Code, as necessary to ensure, to the maximum
extent possible, that States may receive the
maximum incentive funding for which they are
eligible under these programs.
(D) To carry out the State highway safety
data improvements incentive grant provisions of
subsection (n) of title 23, United States Code,
by the National Highway Traffic Safety Admin-
istration, $12,000,000 for each of fiscal years
1998, 1999, 2000, and 2001. Amounts made
available to carry out subsection (n) are author-
ized to remain available until expended.
(E) To carry out the drugged driving coun-
termeasures incentive grant provisions of sub-
section (o) of title 23, United States Code, by
the National Highway Traffic Safety Adminis-
tration, $5,000,000 for each of fiscal years
1999, 2000, 2001, and 2002, and $5,130,000
for fiscal year 2003. Amounts made available to
carry out subsection (o) are authorized to re-
main available until expended, provided that, in
each fiscal year the Secretary may reallocate
any amounts remaining available under sub-
section (o) to subsections (l), (m), and (n) of
section 402 of title 23, United States Code, as
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necessary to ensure, to the maximum extent
possible, that States may receive the maximum
incentive funding for which they are eligible
under these programs.
(2) NHTSA OPERATIONS
AND
RESEARCH.—
For carrying out the functions of the Secretary, by
the National Highway Traffic Safety Administra-
tion, for traffic and highway safety under (A) Sec-
tion 403 of Title 23, United States Code (Highway
Safety Research and Development), (B) Chapter
301 of Title 49, United States Code (Motor Vehicle
Safety), and (C) Part C of Subtitle VI of Title 49,
United States Code (Information, Standards, and
Requirements), there are authorized to be appro-
priated $147,500,000, for each of fiscal years 1998,
1999, 2000, 2001, and 2002, and $151,335,000 for
fiscal year 2003.
(3) NATIONAL DRIVER REGISTER.—For carry-
ing out chapter 303 (National Driver Register) of
title 49, United States Code, by the National High-
way Traffic Safety Administration, there are author-
ized to be appropriated under section 30308(a) of
such chapter $2,300,000 for each of fiscal years
1998, 1999, 2000, 2001, and 2002, and $2,360,000
for fiscal year 2003.
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TITLE III—FEDERAL MASS
TRANSPORTATION AMENDMENTS OF 1997
SEC. 3001. SHORT TITLE.
This title may be cited as the ‘‘Federal Mass Trans-
portation Amendments of 1997’’.
SEC. 3002. AMENDMENTS TO THE FEDERAL TRANSIT LAWS.
Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of chapter 53 of title 49, United
States Code.
SEC. 3003. DEFINITIONS.
(a) CAPITAL PROJECT.—Section 5302(a) is amended
by striking paragraph (1) and inserting—
‘‘(1) ‘capital project’ means a project for—
‘‘(A) acquiring, constructing, supervising,
or inspecting equipment or a facility for use in
mass transportation, expenses incidental to the
acquisition or construction (including designing,
engineering, location surveying, mapping, ac-
quiring rights of way, associated pre-revenue
startup costs, and environmental mitigation),
payments for rail trackage rights, Intelligent
Transportation Systems as defined in section
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6052 of the National Economic Crossroads
Transportation Efficiency Act, relocation assist-
ance, acquiring replacement housing sites, and
acquiring, constructing, relocating, and rehabili-
tating replacement housing;
‘‘(B) rehabilitating a bus;
‘‘(C) remanufacturing a bus;
‘‘(D) overhauling rail rolling stock;
‘‘(E) preventive maintenance;
‘‘(F) financing the leasing of equipment
and facilities for use in mass transportation;
‘‘(G) new fixed guideway systems and ex-
tensions to existing fixed guideway systems, in-
cluding the acquisition of real property, the ini-
tial acquisition of rolling stock for the systems,
alternatives analysis related to the development
of the systems, and the acquisition of rights of
way, and relocation, for fixed guideway corridor
development for projects in the advanced stages
of alternatives analysis or preliminary engineer-
ing;
‘‘(H) property and improvements (except
public highways other than fixed guideway fa-
cilities) needed for an efficient and coordinated
mass transportation system;
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‘‘(I) the capital costs of coordinating mass
transportation with other transportation;
‘‘(J) the introduction of new technology,
through innovative and improved products, into
mass transportation;
‘‘(K) a mass transportation improvement
that enhances economic development that may
incorporate private investment, including com-
mercial and residential development, pedestrian
access to a mass transportation facility, and the
renovation and improvement of historic trans-
portation facilities, where the project—
‘‘(i) enhances the effectiveness of a
mass transportation project and is related
physically or functionally to that mass
transportation project; or
‘‘(ii) establishes new or enhanced co-
ordination between mass transportation
and other transportation; and
‘‘(iii) provides a fair share of revenue
for mass transportation, which shall be
used for mass transportation;
‘‘(L) mass transportation projects planned,
designed, and carried out to meet the special
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needs of elderly individuals and individuals with
disabilities;
‘‘(M) the development of corridors to sup-
port fixed guideway systems, including protect-
ing rights of way through acquisition, construc-
tion of dedicated bus and high occupancy vehi-
cle lanes and park and ride lots, and other non-
vehicular capital improvements that the Sec-
retary of Transportation may decide would re-
sult in increased mass transportation usage in
the corridor;
‘‘(N) vehicles and facilities, publicly or pri-
vately owned, that are used to provide intercity
passenger service by bus or rail;
‘‘(O) access for bicycles to mass transpor-
tation facilities, to provide shelters and parking
facilities for bicycles in or around mass trans-
portation facilities, or to install equipment for
transporting bicycles on mass transportation ve-
hicles;
‘‘(P) the repayment of the principal and
interest of bonds used for capital projects, pro-
vided the bonds were not used to provide the
non-Government 
share 
under 
section
5328(a)(2) of this title;
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‘‘(Q) crime prevention and security, wheth-
er or not a local governmental authority other
than the grant applicant has law enforcement
responsibilities; or
‘‘(R) acquiring non-fixed route paratransit
transportation service to comply with the Amer-
icans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).’’
(b) PUBLIC TRANSPORTATION.—Section 5302(a) is
further amended—
(1) by striking paragraph (12);
(2) by redesignating paragraphs (10) and (11)
as paragraphs (11) and (12), respectively;
(3) by redesignating paragraph (13) as para-
graph (14); and
(4) by inserting the following paragraph after
paragraph (9):
‘‘(10) ‘public transportation’ means ‘mass
transportation.’.’’
(c) TRANSIT.—Section 5302(a) is further amended
by inserting after redesignated paragraph (12) the follow-
ing:
‘‘(13) ‘transit’ means ‘mass transportation.’ ’’.
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(d) A CONFORMING AMENDMENT.—Section 5302(b)
is amended by striking ‘‘5307(d)(1)(D)’’ and inserting
‘‘5307(c)(1)(A)’’.
SEC. 3004. METROPOLITAN PLANNING.
(a) 
DEVELOPMENT
REQUIREMENTS.—Section
5303(a) is amended—
(1) in the first sentence, by inserting ‘‘in a fair
and equitable manner’’ after the word ‘‘title’’; and
(2) in the second sentence, by striking ‘‘devel-
oping’’ and all that follows and inserting ‘‘the devel-
opment and integrated management and operation
(excluding maintenance) of transportation systems
and facilities (including pedestrian walkways and bi-
cycle transportation facilities) that will function as
an intermodal transportation system for the metro-
politan area and as an integral part of an inter-
modal transportation system for the State and the
United States.’’.
(b) PLAN AND PROGRAM FACTORS.—Section 5303 is
amended by striking subsection (b) and inserting the fol-
lowing:
‘‘(b) PLAN AND PROGRAM FACTORS.—(1) In develop-
ing plans and programs under this section and sections
5304–5306 of this title, each metropolitan planning orga-
nization at least shall—
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‘‘(A) support the economic vitality of the metro-
politan area, especially by enabling global competi-
tiveness, productivity, and efficiency;
‘‘(B) increase the safety and security of the
transportation system;
‘‘(C) increase the accessibility and mobility op-
tions available to people and freight;
‘‘(D) protect and enhance the environment, en-
ergy conservation, and quality of life;
‘‘(E) enhance the integration and connectivity
of the transportation system, across and between
modes for people and freight;
‘‘(F) promote efficient management and oper-
ation; and
‘‘(G) emphasize the preservation of the existing
transportation system.
‘‘(2) The metropolitan planning organization shall co-
operatively determine with the State and mass transpor-
tation operator how these goals are translated into metro-
politan goals and objectives, and how they are factored
into decisionmaking.’’.
(c) DESIGNATING METROPOLITAN PLANNING ORGA-
NIZATIONS.—Section 5303(c) is amended—
(1) by striking ‘‘75’’ each place it appears and
inserting ‘‘51’’ in each instance;
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(2) by striking paragraph (2) and inserting the
following:
‘‘(2) The policy board of a metropolitan plan-
ning organization, serving an area designated as a
transportation management area, when designated
or redesignated, shall include local elected officials,
officials of authorities that administer or operate
major modes of transportation in the metropolitan
area (including all transportation authorities in-
cluded in the organization on June 1, 1991), and
appropriate State officials.’’;
(3) in paragraph (3), by striking ‘‘only’’ and all
that follows and inserting ‘‘only if the Secretary con-
curs with a request from the chief executive officer
and existing metropolitan planning organization that
the size and complexity of the urbanized area make
designation of more than one organization appro-
priate.’’; and
(4) in paragraph (5), by striking subparagraphs
(B) and (C) and by redesignating subparagraph
(5)(A) as paragraph (5).
(d) METROPOLITAN
PLANNING
AREA
BOUND-
ARIES.—Subsection 5303(d) is amended to read as fol-
lows:
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‘‘(d) METROPOLITAN AREA BOUNDARIES.—To carry
out this section, the metropolitan planning organization
and the chief executive officer shall decide by agreement
on the boundaries of a metropolitan area. The area shall
cover at least the existing urbanized area and the contig-
uous area expected to become urbanized within the 20-
year forecast period and may include the Metropolitan
Statistical Area or Consolidated Metropolitan Statistical
Area, as defined by the Secretary of Commerce. An area
designated as a nonattainment area for ozone, carbon
monoxide, or particulate matter under the Clean Air Act
(42 U.S.C. 7401 et seq.) shall include at least the bound-
aries of the nonattainment area in existence as of Septem-
ber 30, 1996, except as the chief executive officer and met-
ropolitan planning organization otherwise agree. For ur-
banized areas designated after September 30, 1996, the
planning area boundaries shall cover at least the urbanized
area and the contiguous area expected to become urban-
ized within the 20-year forecast period and may encom-
pass the entire Metropolitan Statistical Area or Consoli-
dated Metropolitan Statistical Area, as defined by the De-
partment of Commerce. The boundaries shall be estab-
lished by agreement between the officials from the appro-
priate local governmental authorities (including the
central city) and the chief executive officer and will ad-
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dress appropriately any nonattainment area identified
under the Clean Air Act (42 U.S.C. 7401 et seq.) for
ozone, carbon monoxide, or particulate matter.’’.
(e) 
COORDINATION.—Paragraph 
5303(e)(3) 
is
amended to read as follows:
‘‘(3) If more than one metropolitan planning
organization has authority in a metropolitan area or
an area designated a nonattainment area for ozone,
carbon monoxide, or particulate matter under the
Clean Air Act (42 U.S.C. 7401 et seq.), each organi-
zation shall coordinate with the other organizations
designated for the area and the State to coordinate
plans and projects required by this section and sec-
tions 5304–5306 of this title.’’.
(f) DEVELOPMENT OF TRANSPORTATION PLANS.—
Section 5303 is amended by striking subsection (f) and
inserting the following:
‘‘(f) DEVELOPMENT OF TRANSPORTATION PLAN.—
(1) Each metropolitan planning organization shall prepare
and update periodically, according to a schedule the Sec-
retary of Transportation decides is appropriate, a trans-
portation plan for its metropolitan area under the require-
ments of this section. The plan shall at least—
‘‘(A) identify transportation facilities (including
major 
roadways, 
mass 
transportation, 
and
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multimodal and intermodal facilities) that should
function as a future integrated transportation sys-
tem, emphasizing transportation facilities that serve
important United States and regional transportation
functions;
‘‘(B) address the considerations in subsection
(b) of this section, any State or local goals developed
in the cooperative metropolitan planning process,
and other issues addressed in this section as they re-
late to a 20-year forecast period and to other fore-
cast periods as determined by the participants in the
planning process.
‘‘(C) include a financial plan that—
‘‘(i) demonstrates how the adopted trans-
portation plan can be carried out;
‘‘(ii) indicates resources from public and
private sources reasonably expected to be made
available to carry out the plan; and
‘‘(iii) recommends any additional financing
strategies for needed projects and programs;
and
‘‘(D) identify transportation strategies nec-
essary to—
‘‘(i) ensure the preservation of the existing
metropolitan transportation system, including
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requirements for management, operation (ex-
cluding maintenance) modernization, and reha-
bilitation of existing and future transportation
systems;
‘‘(ii) use existing transportation facilities
most efficiently to relieve congestion and maxi-
mize the mobility of individuals and goods; and
‘‘(iii) enhance access within the metropoli-
tan planning area, especially for those individ-
uals without access to private motor vehicles.
‘‘(2) When formulating a transportation plan, the
metropolitan planning organization, mass transportation
operator, and State shall cooperatively develop estimates
of funds that will be available to carry out the plan.
‘‘(3) In a metropolitan area that is in a nonattain-
ment area for ozone, carbon monoxide, or particulate mat-
ter under the Clean Air Act (42 U.S.C. 7401 et seq.), the
metropolitan planning organization and the State air qual-
ity agency (and local air quality agencies as appropriate)
shall coordinate the process of developing the transpor-
tation plan with the State air quality implementation plan,
including the development of the transportation control
measures for the State Implementation Plan required by
the Act.
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‘‘(4) Before approving a transportation plan, each
metropolitan planning organization shall provide citizens,
affected public agencies, representatives of mass transpor-
tation authority employees, freight shippers, private pro-
viders of transportation, and other interested parties with
a reasonable opportunity to comment on the plan in a way
the Secretary of Transportation considers appropriate.
‘‘(5) A transportation plan shall be—
‘‘(A) made readily available for public review;
and
‘‘(B) submitted for information purposes to the
chief executive officer of the State at the time and
in the way the Secretary of Transportation estab-
lishes.’’.
(g) The catchline for subsection 5303(h) is amended
by striking ‘‘BALANCED
AND COMPREHENSIVE PLAN-
NING’’ 
and 
inserting 
‘‘METROPOLITAN
PLANNING
GRANTS’’.
(h) Subsection 5303(h) is amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) Funds available under section 5338(c) of
this title shall be available for metropolitan planning
activities under this section. To the extent prac-
ticable, the Secretary of Transportation shall ensure
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that amounts made available are used to support
balanced and comprehensive transportation planning
that considers the relationships among land use and
all transportation modes, without regard to the pro-
grammatic source of the planning amounts.’’;
(2) in paragraph (2)(A), by striking ‘‘section
5338(g)(1)’’ and inserting ‘‘section 5338 (c)’’;
(3) in paragraph (3)(A), by striking ‘‘section
5338(g)(1)’’ and inserting ‘‘section 5338(c)’’; and
(4) in paragraph (4), by striking ‘‘section
5338(g)’’ and inserting ‘‘section 5338(c)’’.
SEC. 3005. METROPOLITAN TRANSPORTATION IMPROVE-
MENT PROGRAM.
(a) The heading for section 5304 is amended by in-
serting ‘‘Metropolitan’’ before ‘‘Transportation’’.
(b) DEVELOPMENT AND UPDATE.—Section 5304(a)
is amended to read as follows:
‘‘(a) DEVELOPMENT AND UPDATE.—In cooperation
with the State and affected mass transportation operators,
a metropolitan planning organization designated for a
metropolitan area shall develop a transportation improve-
ment program for the area. In developing the program,
the organization in cooperation with the State and af-
fected mass transportation operators, shall provide citi-
zens, affected public agencies, representatives of transpor-
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tation authority employees, other affected employee rep-
resentatives, freight shippers, private providers of trans-
portation, and other interested parties with a reasonable
opportunity to comment on the proposed program. The
program shall be updated at least once every 2 years and
shall be approved by the organization and the chief execu-
tive officer of the State.’’
(c) CONTENTS.—Section 5304 is amended by striking
subsection (b) and inserting the following:
‘‘(b) CONTENTS.—A transportation improvement
program for a metropolitan area shall include the follow-
ing:
‘‘(1) A listing of proposed surface transpor-
tation projects and strategies supported by the Gov-
ernment and to be carried out within each 3-year pe-
riod after the initial adoption of the transportation
improvement program.
‘‘(2) A financial plan that demonstrates how
the transportation improvement program can be im-
plemented, indicates resources from public and pri-
vate sources that are reasonably expected to be
made available to carry out the program, and identi-
fies innovative financing techniques to finance
projects, programs, and strategies. For the purpose
of developing the transportation improvement pro-
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gram, the metropolitan planning organization, mass
transportation operator, and the State shall coopera-
tively develop estimates of financing that will be
available to support program implementation.’’.
(d) PROJECT SELECTION.—Subsection 5304(c) is
amended to read as follows:
‘‘(c) PROJECT SELECTION.—(1) Except as provided
in section 5305(d)(1) of this title and in addition to the
cooperative transportation improvement program under
subsection (a) of this section, the State and the mass
transportation grant recipient designated from the trans-
portation improvement program, in cooperation with the
metropolitan planning organization, shall select projects in
a metropolitan area that involve United States Govern-
ment participation.
‘‘(2) A transportation improvement program for a
metropolitan area shall include—
‘‘(A) the projects and strategies within the area
that are proposed for financing under this chapter
and chapter 1 of title 23 and that are consistent
with the transportation plan developed under section
5303(f) of this title; and
‘‘(B) a project or an identified phase of a
project only if full financing reasonably can be an-
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ticipated to be available for the project in the period
estimated for completion.’’.
(e) NOTICE AND COMMENT.—Subsection 5304(d) is
amended to read as follows:
‘‘(d) NOTICE AND COMMENT.—Before approving a
transportation improvement program, a metropolitan
planning organization shall, in cooperation with the State
and mass transportation operators, provide citizens, af-
fected public agencies, representatives of transportation
agency employees, private providers of transportation, and
other interested parties with reasonable notice and an op-
portunity to comment on the proposed program.’’.
(f) REGULATORY PROCEEDINGS.—Section 5304 is
amended by striking subsection (e).
(g) CONFORMING AMENDMENT.—The analysis for
chapter 53 is amended by striking the item relating to
section 5304 and inserting the following:
‘‘5304. Metropolitan transportation improvement program.’’.
SEC. 3006. TRANSPORTATION MANAGEMENT AREAS.
(a) Section 5305(a)(2) is amended to read as follows:
‘‘(2) any other area when requested by the chief
executive officer and the metropolitan organization
designated for the area.’’.
(b) Section 5305(c) is amended to read as follows:
‘‘(c) CONGESTION
MANAGEMENT
SYSTEM—The
transportation planning process under sections 5303 and
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5304 of this title in a transportation management area
shall include a congestion management system providing
for effective management of new and existing transpor-
tation facilities eligible for financing under this chapter
and title 23 through the use of travel demand reduction
and operational management strategies.’’.
(c) PROJECT
SELECTION.—Section 5305(d) is
amended to read as follows:
‘‘(d) PROJECT SELECTION.—
‘‘(1)(A) IN GENERAL.—In consultation with the
State and mass transportation operator, and in ad-
dition to the cooperative transportation improvement
program development under section 5304(a) of this
title, the metropolitan planning organization des-
ignated for a transportation management area shall
select from the approved transportation improve-
ment program the projects to be carried out in the
area with United States Government participation
under this chapter or title 23, except projects of the
National Highway System or under the Bridge and
Interstate Maintenance programs.
‘‘(B) NATIONAL HIGHWAY SYSTEM, BRIDGE, OR
INTERSTATE MAINTENANCE PROGRAMS.—The State,
in cooperation with the metropolitan planning orga-
nization designated for a transportation manage-
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ment area, shall select the projects from the ap-
proved transportation improvement program to be
carried out in the area of the National Highway Sys-
tem or under the Bridge and Interstate Maintenance
programs.’’.
(d) Section 5305(e) is amended—
(1) in the first sentence of paragraph (1), by
striking ‘‘each’’ and all that follows through ‘‘re-
sponsibilities’’ and inserting ‘‘the metropolitan plan-
ning process in each transportation management
area is being carried out’’;
(2) in the second sentence of paragraph (1), by
striking ‘‘organization is complying’’ and inserting
‘‘transportation planning process complies’’;
(3) by striking paragraph (2) and inserting the
following:
‘‘(2) If a metropolitan planning process is not
certified, the Secretary may withhold all or part of
the apportioned funds attributable to the transpor-
tation management area under this chapter and title
23. The withheld apportionments shall be restored
when the Secretary certifies the organization.’’; and
(4) in paragraph (3), by striking ‘‘section
5306(a)’’ and inserting ‘‘section 5323(k)’’.
(e) Section 5305(f) is amended to read as follows:
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‘‘(f) ADDITIONAL
REQUIREMENTS
FOR
CERTAIN
NONATTAINMENT REQUIREMENTS
FOR CERTAIN NON-
ATTAINMENT
AREAS.—Government amounts may be
made available for a mass transportation project resulting
in a significant increase in carrying capacity for single oc-
cupant vehicles in a transportation management area clas-
sified as a nonattainment area for ozone, carbon mon-
oxide, or particulate matter under the Clean Air Act (42
U.S.C. 7401 et seq.) only if the project results from an
approved congestion management system, which is part of
the planning process. The provisions of this subsection
apply to the nonattainment area within the planning area
boundaries as defined in section 5303(d) of this title.’’.
(f) Section 5305(g) is amended to read as follows:
‘‘(g) AREAS NOT DESIGNATED TRANSPORTATION
MANAGEMENT AREAS.—(1) The Secretary may provide
for the development of abbreviated metropolitan transpor-
tation plans and programs the Secretary decides are ap-
propriate to carry out this section and sections 5303 and
5304 of this title for metropolitan areas not designated
transportation management areas under this section.
‘‘(2) The Secretary may not provide an abbreviated
plan or program for a metropolitan area in a nonattain-
ment area for ozone, carbon monoxide, or particulate mat-
ter under the Clean Air Act (42 U.S.C. 7401 et seq.).’’.
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(g) Section 5305 is amended by inserting after sub-
section (g) the following:
‘‘(h) TRANSFER OF FUNDS.—Funds made available
under this chapter for a highway project shall be trans-
ferred to and administered by the Secretary in accordance
with the requirements of title 23. Funds made available
under title 23 for a mass transportation project shall be
transferred to and administered by the Secretary in ac-
cordance with the requirements of this chapter. The provi-
sions of title 23 regarding the non-Government share shall
apply to title 23 funds used for mass transportation
projects. The provisions of this chapter regarding the non-
Government share shall apply to funds made available
under this chapter that are used for highway projects.
‘‘(i) LIMITATION
ON
STATUTORY
AUTHORITY.—
Nothing in this section shall be construed to confer on
a metropolitan planning organization the authority to im-
pose legal requirements on any transportation facility,
provider, or project not eligible under this chapter or title
23.’’.
SEC. 3007. STATEWIDE PLANNING.
(a) Title 49 is amended by striking section 5306 and
by inserting after section 5305 the following new section:
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‘‘§ 5306. Statewide planning
‘‘(a) GENERAL REQUIREMENTS.—To carry out sec-
tion 5301(a) of this title in a fair and equitable manner,
a State shall develop, subject to sections 5303–5305 of
this title and section 134 of title 23, transportation plans
and programs for all areas of the State. Such plans and
programs shall provide for the development and integrated
management and operation (excluding maintenance) of
transportation systems (including pedestrian walkways
and bicycle transportation facilities) that will function as
an intermodal State transportation system and an integral
part of the United States intermodal transportation sys-
tem. The development process shall provide for consider-
ation of all modes of transportation and shall be continu-
ing, cooperative, and comprehensive to the degree appro-
priate, based on the complexity of the transportation prob-
lems.
‘‘(b) SCOPE OF THE PLANNING PROCESS.—(1) Each
State shall undertake a transportation planning process
that shall at least consider transportation investment
strategies that—
‘‘(A) support the economic vitality of the
United States, its States and metropolitan areas, es-
pecially by enabling global competitiveness, produc-
tivity, and efficiency;
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‘‘(B) increase the safety and security of the
transportation system;
‘‘(C) increase the accessibility and mobility op-
tions available to people and freight;
‘‘(D) protect and enhance the environment, en-
ergy conservation, and quality of life;
‘‘(E) enhance the integration and connectivity
of the transportation system, across and between
modes, for people and freight;
‘‘(F) promote efficient management and oper-
ation; and
‘‘(G) emphasize the preservation of the existing
transportation system.
‘‘(2) The State shall cooperatively determine with its
planning partners how the considerations specified in
paragraph (1) of this subsection are translated into State
goals and objectives, and how they are factored into deci-
sion making.
‘‘(3) In addition, each State in carrying out planning
under this section shall consider the following:
‘‘(A) The coordination of transportation plans,
programs, and planning activities developed and per-
formed for metropolitan areas of the State under
sections 5303–5305 of this title and section 134 of
title 23 with the State transportation plans, pro-
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grams, and planning activities developed and per-
formed under this section and the reconciliation of
such plans and programs as necessary to ensure
connectivity within transportation systems and to
ensure that the requirements of the Clean Air Act
(42 U.S.C. 7401 et seq.) are met.
‘‘(B) In non-metropolitan areas the concerns
elected officials from local governmental authorities
having jurisdiction over transportation.
‘‘(C) The concerns of Indian tribal governments
and Federal Land Agencies having jurisdiction over
lands within the boundaries of the State.
‘‘(c) TRANSPORTATION PLAN.—The State shall de-
velop a transportation plan, with a minimum 20-year fore-
cast period, for all areas of the State that provides for
the development and implementation of the State’s inter-
modal transportation system. With respect to metropolitan
areas of the State, the plan shall be developed in coopera-
tion with metropolitan planning organizations designated
for metropolitan areas in the State under sections 5303–
5305 of this title and section 134 of title 23. In non-met-
ropolitan areas, the statewide plan shall be developed in
consultation with elected officials from local governmental
authorities with jurisdiction over transportation. With re-
spect to areas of the State under the jurisdiction of an
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Indian tribal government, the plan shall be developed in
cooperation with such government and the Secretary of
the Interior. In developing the plan, the State shall provide
citizens, affected public agencies, representatives of trans-
portation agency employees, other affected employee rep-
resentatives, freight shippers, private providers of trans-
portation, and other interested parties with a reasonable
opportunity to comment on the proposed plan and shall
identify transportation strategies necessary to efficiently
serve the mobility needs of people, especially those without
access to private motor vehicles.
‘‘(d) STATE TRANSPORTATION IMPROVEMENT PRO-
GRAM.—
‘‘(1) DEVELOPMENT.—The State shall develop
a transportation improvement program for all areas
of the State. With respect to a metropolitan area of
the State, the program shall be developed in co-
operation with the metropolitan planning organiza-
tion designated for the metropolitan area under sec-
tions 5303–5305 of this title and section 134 of title
23. In a non-metropolitan area, the program shall be
developed in consultation with elected officials from
local governmental authorities with jurisdiction over
transportation. In developing the program, the chief
executive officer shall provide citizens, affected pub-
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lic agencies, representatives of transportation agency
employees, other affected employee representatives,
freight shippers, private providers of transportation,
and other interested parties with a reasonable oppor-
tunity to comment on the proposed program.
‘‘(2) INCLUDED PROJECTS.—A transportation
improvement program for a State developed under
this subsection shall include surface transportation
programs supported by the Government within the
boundaries of the State. All projects shall be consist-
ent with the transportation plan developed under
this section for the State, identical with an approved
metropolitan transportation improvement program,
and in an area designated as nonattainment for
ozone, carbon monoxide, or particulate matter under
the Clean Air Act (42 U.S.C. 7401 et seq.) conform
with the applicable State implementation plan devel-
oped pursuant to the Clean Air Act. The program
shall include a project, or an identified phase of a
project, only if full financing can reasonably be an-
ticipated to be available for such project within the
time period contemplated for completion of the
project. The program shall also reflect the priorities
for programming and expenditures of funds, includ-
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ing transportation enhancements, required by this
chapter.
‘‘(3) PROJECT
SELECTION
FOR
AREAS
LESS
THAN 50,000 POPULATION.—Projects undertaken in
areas of less than 50,000 population shall be se-
lected for advancement from the approved State
Transportation Improvement Program by the State
in cooperation with the officials from the affected
local governmental authorities.
‘‘(4) BIENNIAL
REVIEW
AND
APPROVAL.—A
transportation 
improvement 
program 
developed
under this subsection shall be reviewed and, upon a
finding that the planning process through which the
program was developed is consistent with this sec-
tion and section 5303 of this title, approved no less
frequently than biennially by the Secretary.
‘‘(e) STATEWIDE PLANNING GRANTS.—The Sec-
retary shall apportion funds made available under section
5338(d) of this title for statewide planning activities under
this subsection, so that each State receives an amount
equal to the population in urbanized areas in the State,
divided by the population in urbanized areas in all States,
as shown by the latest available decennial census. How-
ever, a State must receive at least 0.5 percent of the
amount apportioned under this subsection.
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‘‘(f) OTHER ELIGIBLE ACTIVITIES.—A State, as the
State considers appropriate, may authorize part of the
amount made available under subsection (e) of this section
to be used to supplement amounts available under sections
5303(h)(2)(A) and 5313(a) of this title.
‘‘(g) PERIOD OF AVAILABILITY.—An amount appor-
tioned under subsection (e) of this section remains avail-
able for 3 years after the fiscal year in which the amount
is apportioned. An amount unobligated at the end of the
3-year period shall be reapportioned among the States for
the next fiscal year.
‘‘(h) EXCLUSION OF CERTAIN UNITED STATES TER-
RITORIES.—This section does not apply to the Northern
Mariana Islands, Guam, American Samoa, or the Virgin
Islands.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 53 is amended by striking the item related to sec-
tion 5306 and inserting the following:
‘‘5306. Statewide planning.’’.
SEC. 3008. URBANIZED AREA FORMULA GRANTS.
(a) The section heading for section 5307 is amended
by striking ‘‘Block’’ and inserting ‘‘Urbanized area for-
mula’’.
(b) Section 5307(a) is amended to read as follows:
‘‘(a) DEFINITIONS.—In this section ‘designated re-
cipient’ means—
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‘‘(1) a person designated, consistent with the
planning process under sections 5303–5306 of this
title, by the chief executive officer of a State, respon-
sible local officials, and publicly owned operators of
mass transportation to receive and apportion
amounts under section 5336 of this title that are at-
tributable to transportation management areas es-
tablished under section 5305(a) of this title; or
‘‘(2) a State or regional authority if the author-
ity is responsible under the laws of a State for a
capital project and for financing and directly provid-
ing mass transportation.’’.
(c) GENERAL AUTHORITY.—Section 5307 is amend-
ed by striking subsection (b) and inserting the following:
‘‘(b) GENERAL AUTHORITY.—(1) The Secretary of
Transportation may make grants under this section for—
‘‘(A) capital projects;
‘‘(B) planning;
‘‘(C) financing the operating costs of equipment
and facilities used in mass transportation in urban-
ized areas with a population of less than 200,000;
‘‘(D) the transportation cooperative research
program under section 5313(a) of this title;
‘‘(E) university transportation centers under
chapter 52 of this title;
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‘‘(F) training;
‘‘(G) research; or
‘‘(H) technology transfer.
‘‘(2) In a transportation management area des-
ignated under section 5305(a) of this title, amounts that
cannot be used to pay operating expenses under this sec-
tion also are available for a highway project under title
23 but only if—
‘‘(A) that use is approved by the metropolitan
planning organization under section 5303 of this
title after appropriate notice and an opportunity for
comment and appeal is provided to affected mass
transportation providers;
‘‘(B) the Secretary decides the amounts are not
needed for investment required by the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.); and
‘‘(C) amounts used for the non-Government
share of the project are eligible to finance either a
highway or mass transportation project.’’.
(d) Section 5307 is amended by striking subsections
(c), (e), (g), (h), (j), (k), and (n) and by redesignating
subsections (d), (f), (i), (l), and (m) as subsections (c)
through (g), respectively.
(e) Redesignated section 5307(c)(1) is amended—
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(b) GENERAL AUTHORITY.—Section 5310 is amend-
ed by striking subsection (a) and inserting the following:
‘‘(a) GENERAL
AUTHORITY.—The Secretary of
Transportation may make grants under this section to the
chief executive officer of each State for allocation to—
‘‘(1) private nonprofit corporations and associa-
tions to help them provide mass transportation serv-
ice for elderly individuals and individuals with dis-
abilities; or
‘‘(2) governmental authorities—
‘‘(A) approved by the State to coordinate
services for elderly individuals and individuals
with disabilities; or
‘‘(B) that certify to the chief executive offi-
cer that no nonprofit corporation or association
readily is available in an area to provide service
under this subsection.’’.
(c) APPORTIONING AND TRANSFERRING AMOUNTS.—
Section 5310(b) is amended by striking ‘‘remaining avail-
able for obligation at the beginning of the 90-day period
before the end of the period of availability of the appor-
tionment’’.
(d) Section 5310 is amended by striking subsection
(e) and inserting the following:
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‘‘(e) GRANT REQUIREMENTS.—A grant under sub-
section (a) of this section is subject to requirements the
Secretary considers appropriate.’’; and by striking sub-
section (f) and redesignating subsections (g) through (j)
as subsections (f) through (i).’’.
(e) CONFORMING AMENDMENT.—The analysis for
chapter 53 is amended by striking the item related to sec-
tion 5310 and inserting the following:
‘‘5310. Formula grants for special needs of elderly individuals and individuals
with disabilities.’’.
SEC. 3012. FORMULA PROGRAM FOR OTHER THAN URBAN-
IZED AREAS.
(a) The heading for section 5311 is amended by strik-
ing ‘‘Financial assistance’’ and substituting ‘‘Formula
program’’.
(b) The first sentence of section 5311(b)(1) is amend-
ed by striking ‘‘The Secretary of Transportation may
make’’ and substituting ‘‘Ninety-six percent of the funds
provided in section 5336(b)(3) of this title are available
to the Secretary of Transportation for’’.
(c) The first sentence of section 5311(b)(2) is amend-
ed by striking ‘‘The Secretary of Transportation shall’’
and substituting ‘‘Four percent of the funds provided in
section 5336(b)(3) of this title are available to the Sec-
retary of Transportation to’’.