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TITLE <<NOTE: Federal Transit Act of 1998. Grants. Inter- governmental
relations. Loans.>> III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
SEC. 3001. SHORT TITLE. <<NOTE: 49 USC 5101 note.>>
This title may be cited as the ``Federal Transit Act of 1998''.
SEC. 3002. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision of law, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 3003. DEFINITIONS.
Section 5302 is amended to read as follows:
``Sec. 5302. Definitions
``(a) In General.--In this chapter, the following definitions apply:
``(1) Capital project.--The term `capital project' means a
project for--
``(A) acquiring, constructing, supervising, or
inspecting equipment or a facility for use in mass
transportation, expenses incidental to the acquisition
or construction (including designing, engineering,
location surveying, mapping, and acquiring rights-of-
way), payments for the capital
portions of rail trackage rights agreements, transit-
related intelligent transportation systems, relocation
assistance, acquiring replacement housing sites, and
acquiring, constructing, relocating, and rehabilitating
replacement housing;
``(B) rehabilitating a bus;
``(C) remanufacturing a bus;
``(D) overhauling rail rolling stock;
``(E) preventive maintenance;
``(F) leasing equipment or a facility for use in
mass transportation, subject to regulations that the
Secretary prescribes limiting the leasing arrangements
to those that are more cost-effective than purchase or
construction;
``(G) a mass transportation improvement that
enhances economic development or incorporates private
investment, including commercial and residential
development, pedestrian and bicycle access to a mass
transportation facility, and the renovation and
improvement of historic transportation facilities,
because the improvement enhances the effectiveness of a
mass transportation project and is related physically or
functionally to that mass transportation project, or
establishes new or enhanced coordination between mass
transportation and other transportation, and provides a
fair share of revenue for mass transportation that will
be used for mass transportation--
``(i) including property acquisition,
demolition of existing structures, site
preparation, utilities, building foundations,
walkways, open space, safety and security
equipment and facilities (including lighting,
surveillance and related intelligent
transportation system applications), facilities
that incorporate community services such as
daycare and health care, and a capital project
for, and improving, equipment or a facility for an
intermodal transfer facility or transportation
mall, except that a person making an agreement to
occupy space in a facility under this subparagraph
shall pay a reasonable share of the costs of the
facility through rental payments and other means;
and
``(ii) excluding construction of a commercial
revenue-producing facility or a part of a public
facility not related to mass transportation;
``(H) the introduction of new technology, through
innovative and improved products, into mass
transportation; or
``(I) the provision of nonfixed route paratransit
transportation services in accordance with section 223
of the Americans with Disabilities Act of 1990 (42
U.S.C. 12143), but only for grant recipients that are in
compliance with applicable requirements of that Act,
including both fixed route and demand responsive
service, and only for amounts not to exceed 10 percent
of such recipient's annual formula apportionment under
sections 5307 and 5311.
``(2) Chief executive officer of a state.--The term `chief
executive officer of a State' includes the designee of the chief
executive officer.
``(3) Emergency regulation.--The term `emergency regulation'
means a regulation--
``(A) that is effective temporarily before the
expiration of the otherwise specified periods of time
for public notice and comment under section 5334(b); and
``(B) prescribed by the Secretary as the result of a
finding that a delay in the effective date of the
regulation--
``(i) would injure seriously an important
public interest;
``(ii) would frustrate substantially
legislative policy and intent; or
``(iii) would damage seriously a person or
class without serving an important public
interest.
``(4) Fixed guideway.--The term `fixed guideway' means a
mass transportation facility--
``(A) using and occupying a separate right-of-way or
rail for the exclusive use of mass transportation and
other high occupancy vehicles; or
``(B) using a fixed catenary system and a right-of-
way usable by other forms of transportation.
``(5) Handicapped individual.--The term `handicapped
individual' means an individual who, because of illness, injury,
age, congenital malfunction, or other incapacity or temporary or
permanent disability (including an individual who is a
wheelchair user or has semiambulatory capability), cannot use
effectively, without special facilities, planning, or design,
mass transportation service or a mass transportation facility.
``(6) Local governmental authority.--The term `local
governmental authority' includes--
``(A) a political subdivision of a State;
``(B) an authority of at least 1 State or political
subdivision of a State;
``(C) an Indian tribe; and
``(D) a public corporation, board, or commission
established under the laws of a State.
``(7) Mass transportation.--The term `mass transportation'
means transportation by a conveyance that provides regular and
continuing general or special transportation to the public, but
does not include school bus, charter, or sightseeing
transportation.
``(8) Net project cost.--The term `net project cost' means
the part of a project that reasonably cannot be financed from
revenues.
``(9) New bus model.--The term `new bus model' means a bus
model (including a model using alternative fuel)--
``(A) that has not been used in mass transportation
in the United States before the date of production of
the model; or
``(B) used in mass transportation in the United
States, but being produced with a major change in
configuration or components.
``(10) Public transportation.--The term `public
transportation' means mass transportation.
``(11) Regulation.--The term `regulation' means any part of
a statement of general or particular applicability of the
Secretary designed to carry out, interpret, or prescribe law or
policy in carrying out this chapter.
``(12) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(13) State.--The term `State' means a State of the United
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin Islands.
``(14) Transit.--The term `transit' means mass
transportation.
``(15) Transit enhancement.--The term `transit enhancement'
means, with respect to any project or an area to be served by a
project, projects that are designed to enhance mass
transportation service or use and that are physically or
functionally related to transit facilities. Eligible projects
are--
``(A) historic preservation, rehabilitation, and
operation of historic mass transportation buildings,
structures, and facilities (including historic bus and
railroad facilities);
``(B) bus shelters;
``(C) landscaping and other scenic beautification,
including tables, benches, trash receptacles, and street
lights;
``(D) public art;
``(E) pedestrian access and walkways;
``(F) bicycle access, including bicycle storage
facilities and installing equipment for transporting
bicycles on mass transportation vehicles;
``(G) transit connections to parks within the
recipient's transit service area;
``(H) signage; and
``(I) enhanced access for persons with disabilities
to mass transportation.
``(16) Urban area.--The term `urban area' means an area that
includes a municipality or other built-up place that the
Secretary, after considering local patterns and trends of urban
growth, decides is appropriate for a local mass transportation
system to serve individuals in the locality.
``(17) Urbanized area.--The term `urbanized area' means an
area--
``(A) encompassing at least an urbanized area within
a State that the Secretary of Commerce designates; and
``(B) designated as an urbanized area within
boundaries fixed by State and local officials and
approved by the Secretary.
``(b) Authority To Modify `Handicapped Individual'.--The Secretary
may by regulation modify the definition of the term `handicapped
individual' in subsection (a)(5) as it applies to section
5307(d)(1)(D).''.
SEC. 3004. METROPOLITAN PLANNING.
(a) General Requirements; Scope of Planning Process.--Section 5303
is amended by striking subsections (a) and (b) and inserting the
following:
``(a) General Requirements.--
``(1) Development of plans and programs.--To carry out
section 5301(a), metropolitan planning organizations designated
under subsection (c), in cooperation with the States and mass
transportation operators, shall develop transportation plans and
programs for urbanized areas of the State.
``(2) Contents.--The plans and programs developed under
paragraph (1) for each metropolitan area shall provide for the
development and integrated management and operation of
transportation systems and facilities (including pedestrian
walkways and bicycle transportation facilities) that will
function as an intermodal transportation system for the
metropolitan area and as an integral part of an intermodal
transportation system for the State and the United States.
``(3) Process.--The process for developing the plans and
programs shall provide for consideration of all modes of
transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the complexity
of the transportation problems to be addressed.
``(b) Scope of Planning Process.--
``(1) In general.--The metropolitan transportation planning
process for a metropolitan area under this section shall provide
for consideration of projects and strategies that will--
``(A) support the economic vitality of the
metropolitan area, especially by enabling global
competitiveness, productivity, and efficiency;
``(B) increase the safety and security of the
transportation system for motorized and nonmotorized
users;
``(C) increase the accessibility and mobility
options available to people and for freight;
``(D) protect and enhance the environment, promote
energy conservation, and improve quality of life;
``(E) enhance the integration and connectivity of
the transportation system, across and between modes, for
people and freight;
``(F) promote efficient system management and
operation; and
``(G) emphasize the preservation of the existing
transportation system.
``(2) Failure to consider factors.--The failure to consider
any factor specified in paragraph (1) shall not be reviewable by
any court under this title, subchapter II of chapter 5 of title
5, or chapter 7 of title 5 in any matter affecting a
transportation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning
process.''.
(b) Designating Metropolitan Planning Organizations.--Section
5303(c) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``representing'' and inserting
``that together represent''; and
(B) by striking ``as defined by the Secretary of
Commerce)'' and inserting ``or cities, as defined by the
Bureau of the Census)'';
(2) in paragraph (2)--
(A) by striking ``In a metropolitan area'' and all
that follows through ``shall include'' and inserting
``Each policy board of a metropolitan planning
organization that serves an area designated as a
transportation management area when designated or
redesignated under this subsection shall consist of'';
and
(B) by striking ``officials of authorities'' and
inserting ``officials of public agencies'';
(3) in paragraph (3) by striking ``in an urbanized area''
and all that follows through ``of the urbanized area'' and
inserting ``within an existing metropolitan planning area only
if the chief executive officer of the State and the existing
metropolitan organization determine that the size and complexity
of the existing metropolitan planning area''; and
(4) in paragraph (5)--
(A) in subparagraph (A)--
(i) by striking ``representing'' and inserting
``that together represent''; and
(ii) by striking ``as defined by the Secretary
of Commerce)'' and inserting ``or cities, as
defined by the Bureau of the Census)'';
(B) in subparagraph (B) by striking ``as defined by
the Secretary of Commerce)'' and inserting ``or cities,
as defined by the Bureau of the Census)''; and
(C) by adding at the end the following:
``(D) Designations of metropolitan planning organizations, whether
made under this section or under any other provision of law, shall
remain in effect until redesignation under this paragraph.''.
(c) Metropolitan Area Boundaries.--Section 5303(d) is amended--
(1) in the subsection heading by inserting ``Planning''
before ``Area'';
(2) in the first sentence--
(A) by striking ``To carry out'' and inserting the
following:
``(1) In general.--To carry out''; and
(B) by inserting ``planning'' before ``area'';
(3) by striking the second sentence and all that follows and
inserting the following:
``(2) Included area.--Each metropolitan planning area--
``(A) shall encompass at least the existing
urbanized area and the contiguous area expected to
become urbanized within a 20-year forecast period; and
``(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of the
Census.
``(3) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the case of an
urbanized area designated as a nonattainment area for ozone or
carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.), the boundaries of the metropolitan planning area in
existence as of the date of enactment of this paragraph shall be
retained, except that the boundaries may be adjusted by
agreement of the chief executive officer of the State and any
affected metropolitan planning organizations, in the manner
described in subsection (c)(5).
``(4) New metropolitan planning areas in nonattainment.--In
the case of an urbanized area designated after the date of
enactment of this paragraph as a nonattainment area for ozone or
carbon monoxide under the Clean Air Act, the boundaries of the
metropolitan planning area--
``(A) shall be established in the manner described
in subsection (c)(1);
``(B) shall encompass the areas described in
paragraph (2)(A);
``(C) may encompass the areas described in paragraph
(2)(B); and
``(D) may address any nonattainment area identified
under the Clean Air Act for ozone or carbon monoxide.'';
and
(4) by aligning paragraph (1) (as designated by paragraph
(2)(A) of this subsection) with paragraphs (2) through (4) (as
inserted by paragraph (3) of this subsection).
(d) Coordination.--Section 5303(e) is amended--
(1) in paragraph (2)--
(A) by inserting ``or compact'' after ``agreement''
the first place it appears''; and
(B) by striking ``making the agreement effective''
and inserting ``making the agreements and compacts
effective''; and
(2) by adding at the end the following:
``(4) The Secretary shall encourage each metropolitan planning
organization to coordinate, to the maximum extent practicable, the
design and delivery of transportation services within the metropolitan
planning area that are provided--
``(A) by recipients of assistance under this chapter; and
``(B) by governmental agencies and non-profit organizations
(including representatives of the agencies and organizations)
that receive Governmental assistance from a source other than
the Department of Transportation to provide non-emergency
transportation services.''.
(e) Developing Long-Range Transportation Plans.--Section 5303(f) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``United States
and regional transportation functions'' and inserting
``national, regional, and metropolitan transportation
functions'';
(B) in subparagraph (B) by striking clause (iii) and
inserting the following:
``(iii) recommends any additional financing
strategies for needed projects and programs;''; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) identify transportation strategies necessary--
``(i) to ensure preservation, including requirements
for management, operation, modernization, and
rehabilitation, of the existing and future
transportation system; and
``(ii) to use existing transportation facilities
most efficiently to relieve congestion, to efficiently
serve the mobility needs of people and goods, and to
enhance access within the metropolitan planning area;
and'';
(2) in paragraph (2) by striking ``as they are related to a
20-year forecast period'' and inserting ``and any State or local
goals developed within the cooperative metropolitan planning
process as they relate to a 20-year forecast period and to other
forecast periods as determined by the participants in the
planning process'';
(3) in paragraph (4)--
(A) by inserting after ``employees,'' the following:
``freight shippers, providers of freight transportation
services,''; and
(B) by inserting after ``private providers of
transportation,'' the following: ``representatives of
users of public transit,'';
(4) in paragraph (5)(A) by inserting ``published or
otherwise'' before ``made readily available'';
(5) in the subsection heading by striking ``Long-Range
Plans'' and inserting ``Long-Range Transportation Plans''; and
(6) by striking ``long-range plans'' each place it appears
and inserting ``long-range transportation plans''.
SEC. 3005. TRANSPORTATION IMPROVEMENT PROGRAM.
(a) Development and Update.--The second sentence of section 5304(a)
is amended--
(1) by striking ``the organization'' and inserting ``the
metropolitan planning organization, in cooperation with the
chief executive officer of the State and any affected mass
transportation operator,'';
(2) by inserting after ``employees,'' the following: ``other
affected employee representatives, freight shippers, providers
of freight transportation services,''; and
(3) by inserting after ``private providers of
transportation,'' the following: ``representatives of users of
public transit,''.
(b) Contents.--Section 5304(b)(2) is amended by striking
subparagraph (C) and inserting the following:
``(C) identifies innovative financing techniques to
finance projects, programs, and strategies, which may
include, for illustrative purposes, additional projects
that would be included in the approved transportation
improvement program if reasonable additional resources
beyond those identified in the financial plan were
available.''.
(c) Project Selection.--Section 5304(c) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Except as otherwise provided in section 5305(d)(1) and in
addition to the transportation improvement program development
required under subsection (b), the selection of federally funded
projects for implementation in metropolitan areas shall be
carried out, from the approved transportation improvement
program--
``(A) by--
``(i) in the case of projects under title 23, the
State; and
``(ii) in the case of projects under this chapter,
the designated transit funding recipients; and
``(B) in cooperation with the metropolitan planning
organization.''; and
(2) by adding at the end the following:
``(3) Notwithstanding any other provision of law, action by the
Secretary shall not be required to advance a project included in the
approved transportation improvement program in place of another project
in the program.
``(4) Selection of projects from illustrative list.--Notwithstanding
subsection (b)(2)(C), a State or metropolitan planning organization
shall not be required to select any project from the
illustrative list of additional projects included in the financial plan
under subsection (b)(2)(C).
``(5) Publication.--(A) A transportation improvement program
involving Government participation shall be published or otherwise made
readily available by the metropolitan planning organization for public
review.
``(B) An annual listing of projects for which Government funds have
been obligated in the preceding year shall be published or otherwise
made available by the metropolitan planning organization for public
review. The listing shall be consistent with the categories identified
in the transportation improvement program.
``(6) Regionally significant projects proposed for funding under
chapter 2 of title 23 shall be identified individually in the
transportation improvement program. All other projects funded under
chapter 2 of title 23 shall be grouped in 1 line item or identified
individually in the transportation improvement program.''.
SEC. 3006. TRANSPORTATION MANAGEMENT AREAS.
(a) Designation.--Section 5305(a) is amended by striking paragraph
(2) and inserting the following:
``(2) any other area, if requested by the chief executive
officer and the metropolitan planning organization designated
for the area.''.
(b) Transportation Plans and Programs.--Section 5305(b) is amended
by inserting ``affected'' before ``mass transportation operators''.
(c) Congestion Management System.--Section 5305(c) is amended by
striking ``The Secretary'' and all that follows through the final
period.
(d) Project Selection.--Section 5305(d)(1)(A) is amended by
inserting ``and any affected mass transportation operator'' after ``the
State''.
(e) Certification.--Section 5305(e) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2)(A) If a metropolitan planning process is not certified, the
Secretary may withhold not more than 20 percent of the apportioned funds
attributable to the transportation management area under this chapter
and title 23.
``(B) Any apportionments withheld under subparagraph (A) shall be
restored to the metropolitan area at such time as the metropolitan
planning organization is certified by the Secretary.''; and
(2) by adding at the end the following:
``(4) In making certification determinations under this subsection,
the Secretary shall provide for public involvement appropriate to the
metropolitan area under review.''.
(f) Continuation of Current Review Practice.--Section 5305 is
amended by adding at the end the following:
``(h) Continuation of Current Review Practice.--Since plans and
programs described in this section are subject to a reasonable
opportunity for public comment, since individual projects included in
the plans and programs are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since
decisions by the Secretary concerning plans and programs described in
this section have not been reviewed under such Act as of January 1,
1997, any decision by the Secretary concerning a plan or program
described in this section shall not
be considered to be a Federal action subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
SEC. 3007. URBANIZED AREA FORMULA GRANTS.
(a) Section Heading.--
(1) Amendment to section 5307.--Section 5307 is amended by
striking the section heading and inserting the following:
``Sec. 5307. Urbanized area formula grants''.
(2) Conforming amendment.--The item relating to section 5307
in the table of sections for chapter 53 is amended to read as
follows:
``5307. Urbanized area formula grants.''.
(b) Definitions.--Section 5307(a) is amended--
(1) by striking ``In this section--'' and inserting ``In
this section, the following definitions apply:'';
(2) by inserting ``Associated capital maintenance items.--
The term'' after ``(1)''; and
(3) by inserting ``Designated recipient.--The term'' after
``(2)''.
(c) General Authority.--Section 5307(b) is amended--
(1) in paragraph (1)--
(A) by striking ``, improvement, and operating
costs'' and inserting ``and improvement costs''; and
(B) by adding at the end the following: ``The
Secretary may also make grants under this section to
finance the operating cost of equipment and facilities
for use in mass transportation in an urbanized area with
a population of less than 200,000.'';
(2) in paragraph (2)(A)--
(A) by inserting ``, in writing,'' after
``approved''; and
(B) by striking ``and'' at the end;
(3) in paragraph (2)(B) by striking the period at the end
and inserting ``; and'';
(4) in paragraph (2) by adding at the end the following:
``(C) the metropolitan planning organization in
approving the use under subparagraph (A) determines that
the local transit needs are being addressed.'';
(5) by striking paragraphs (3) and (5); and
(6) by redesignating paragraph (4) as paragraph (3).
(d) Advance Construction.--Section 5307(g)(3) is amended by striking
``the amount by which'' and all that follows through the period at the
end and inserting ``the most favorable financing terms reasonably
available for the project at the time of borrowing. The
applicant <<NOTE: Certification.>> shall certify, in a manner
satisfactory to the Secretary, that the applicant has shown reasonable
diligence in seeking the most favorable financing terms.''.
(e) Coordination of Reviews.--Section 5307(i)(2) is amended by
adding at the end the following: ``To the extent practicable, the
Secretary shall coordinate such reviews with any related State or local
reviews.''.
(f) Transit Enhancement Activities.--Section 5307(k) is amended to
read as follows:
``(k) Transit Enhancement Activities.--
``(1) In general.--One percent of the funds apportioned to
urbanized areas with a population of at least 200,000 under
section 5336 for a fiscal year shall be made available for
transit enhancement activities in accordance with section
5302(a)(15).
``(2) Period of availability.--Funds apportioned under
paragraph (1) shall be available for obligation for 3 years
following the fiscal year in which the funds are apportioned.
Funds that are not obligated at the end of such period shall be
reapportioned under the urbanized area formula program of
section 5336.
``(3) Report.--A recipient of funds apportioned under
paragraph (1) shall submit, as part of the recipient's annual
certification to the Secretary, a report listing the projects
carried out during the fiscal year with those funds.''.
(g) Conforming Amendments.--Section 5307(n)(2) is amended by
inserting ``5319,'' after ``5318,''.
SEC. 3008. CLEAN FUELS FORMULA GRANT PROGRAM.
(a) In General.--Section 5308 is amended to read as follows:
``Sec. 5308. Clean fuels formula grant program
``(a) Definitions.--In this section--
``(1) the term `clean fuel vehicle' means a vehicle that--
``(A) is powered by--
``(i) compressed natural gas;
``(ii) liquefied natural gas;
``(iii) biodiesel fuels;
``(iv) batteries;
``(v) alcohol-based fuels;
``(vi) hybrid electric;
``(vii) fuel cell;
``(viii) clean diesel, to the extent allowed
under this section; or
``(ix) other low or zero emissions technology;
and
``(B) the Administrator of the Environmental
Protection Agency has certified sufficiently reduces
harmful emissions;
``(2) the term `designated recipient' has the same meaning
as in section 5307(a)(2); and
``(3) the term `eligible project'--
``(A) means a project for--
``(i) purchasing or leasing clean fuel buses,
including buses that employ a lightweight
composite primary structure;
``(ii) constructing or leasing clean fuel
buses or electrical recharging facilities and
related equipment;
``(iii) improving existing mass transportation
facilities to accommodate clean fuel buses;
``(iv) repowering pre-1993 engines with clean
fuel technology that meets the current urban bus
emission standards; or
``(v) retrofitting or rebuilding pre-1993
engines if before half life to rebuild; and
``(B) in the discretion of the Secretary, may
include projects relating to clean fuel, biodiesel,
hybrid electric, or zero emissions technology vehicles
that exhibit equivalent or superior emissions reductions
to existing clean fuel or hybrid electric technologies.
``(b) Authority.--The Secretary shall make grants in accordance with
this section to designated recipients to finance eligible projects.
``(c) Application.--
``(1) In general.--Not later than January 1 of each year,
any designated recipient seeking to apply for a grant under this
section for an eligible project shall submit an application to
the Secretary, in such form and in accordance with such
requirements as the Secretary shall establish by regulation.
``(2) Certification required.--An application submitted
under paragraph (1) shall contain a certification by the
applicant that the grantee will operate vehicles purchased with
a grant under this section only with clean fuels.
``(d) Apportionment of Funds.--
``(1) Formula.--Not later than February 1 of each year, the
Secretary shall apportion amounts made available to carry out
this section to designated recipients submitting applications
under subsection (c), of which--
``(A) two-thirds shall be apportioned to designated
recipients with eligible projects in urban areas with a
population of at least 1,000,000, of which--
``(i) 50 percent shall be apportioned, such
that each such designated recipient receives a
grant in an amount equal to the ratio between--
``(I) the number of vehicles in the
bus fleet of the eligible project of the
designated recipient, weighted by
severity of nonattainment for the area
in which the eligible project is
located, as provided in paragraph (2);
and
``(II) the total number of vehicles
in the bus fleets of all eligible
projects in areas with a population of
at least 1,000,000 funded under this
section, weighted by severity of
nonattainment for all areas in which
those eligible projects are located, as
provided in paragraph (2); and
``(ii) 50 percent shall be apportioned, such
that each such designated recipient receives a
grant in an amount equal to the ratio between--
``(I) the number of bus passenger
miles (as that term is defined in
section 5336(c)) of the eligible project
of the designated recipient, weighted by
severity of nonattainment of the area in
which the eligible project is located,
as provided in paragraph (2); and
``(II) the total number of bus
passenger miles of all eligible projects
in areas with a population of at least
1,000,000 funded under this section,
weighted by severity of nonattainment of
all areas in which those eligible
projects are located, as provided in
paragraph (2); and
``(B) one-third shall be apportioned to designated
recipients with eligible projects in urban areas with a
population of less than 1,000,000, of which--
``(i) 50 percent shall be apportioned, such
that each such designated recipient receives a
grant in an amount equal to the ratio between--
``(I) the number of vehicles in the
bus fleet of the eligible project of the
designated recipient, weighted by
severity of nonattainment for the area
in which the eligible project is
located, as provided in paragraph (2);
and
``(II) the total number of vehicles
in the bus fleets of all eligible
projects in areas with a population of
less than 1,000,000 funded under this
section, weighted by severity of
nonattainment for all areas in which
those eligible projects are located, as
provided in paragraph (2); and
``(ii) 50 percent shall be apportioned, such
that each such designated recipient receives a
grant in an amount equal to the ratio between--
``(I) the number of bus passenger
miles (as that term is defined in
section 5336(c)) of the eligible project
of the designated recipient, weighted by
severity of nonattainment of the area in
which the eligible project is located,
as provided in paragraph (2); and
``(II) the total number of bus
passenger miles of all eligible projects
in areas with a population of less than
1,000,000 funded under this section,
weighted by severity of nonattainment of
all areas in which those eligible
projects are located, as provided in
paragraph (2).
``(2) Weighting of severity of nonattainment.--
``(A) In general.--For purposes of paragraph (1),
subject to subparagraph (B) of this paragraph, the
number of clean fuel vehicles in the fleet, or the
number of passenger miles, shall be multiplied by a
factor of--
``(i) 1.0 if, at the time of the
apportionment, the area is a maintenance area (as
that term is defined in section 101 of title 23)
for ozone or carbon monoxide;
``(ii) 1.1 if, at the time of the
apportionment, the area is classified as--
``(I) a marginal ozone nonattainment
area under subpart 2 of part D of title
I of the Clean Air Act (42 U.S.C. 7511
et seq.); or
``(II) a marginal carbon monoxide
nonattainment area under subpart 3 of
part D of title I of the Clean Air Act
(42 U.S.C. 7512 et seq.);
``(iii) 1.2 if, at the time of the
apportionment, the area is classified as--
``(I) a moderate ozone nonattainment
area under subpart 2 of part D of title
I of the Clean Air Act (42 U.S.C. 7511
et seq.); or
``(II) a moderate carbon monoxide
nonattainment area under subpart 3 of
part D of title I of the Clean Air Act
(42 U.S.C. 7512 et seq.);
``(iv) 1.3 if, at the time of the
apportionment, the area is classified as--
``(I) a serious ozone nonattainment
area under subpart 2 of part D of title
I of the Clean Air Act (42 U.S.C. 7511
et seq.); or
``(II) a serious carbon monoxide
nonattainment area under subpart 3 of
part D of title I of the Clean Air Act
(42 U.S.C. 7512 et seq.);
``(v) 1.4 if, at the time of the
apportionment, the area is classified as--
``(I) a severe ozone nonattainment
area under subpart 2 of part D of title
I of the Clean Air Act (42 U.S.C. 7511
et seq.); or
``(II) a severe carbon monoxide
nonattainment area under subpart 3 of
part D of title I of the Clean Air Act
(42 U.S.C. 7512 et seq.); or
``(vi) 1.5 if, at the time of the
apportionment, the area is classified as--
``(I) an extreme ozone nonattainment
area under subpart 2 of part D of title
I of the Clean Air Act (42 U.S.C. 7511
et seq.); or
``(II) an extreme carbon monoxide
nonattainment area under subpart 3 of
part D of title I of the Clean Air Act
(42 U.S.C. 7512 et seq.).
``(B) Additional adjustment for carbon monoxide
areas.--If, in addition to being classified as a
nonattainment or maintenance area (as that term is
defined in section 101 of title 23) for ozone under
subpart 2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.), the area was also classified under
subpart 3 of part D of title I of that Act (42 U.S.C.
7512 et seq.) as a nonattainment area for carbon
monoxide, the weighted nonattainment or maintenance area
fleet and passenger miles for the eligible project, as
calculated under subparagraph (A), shall be further
multiplied by a factor of 1.2.
``(3) Maximum grant amount.--
``(A) In general.--The amount of a grant made to a
designated recipient under this section shall not exceed
the lesser of--
``(i) for an eligible project in an area--
``(I) with a population of less than
1,000,000, $15,000,000; and
``(II) with a population of at least
1,000,000, $25,000,000; or
``(ii) 80 percent of the total cost of the
eligible project.
``(B) Reapportionment.--Any amounts that would
otherwise be apportioned to a designated recipient under
this subsection that exceed the amount described in
subparagraph (A) shall be reapportioned among other
designated recipients in accordance with paragraph (1).
``(e) Additional Requirements.--
``(1) Limitation on uses.--Not less than 5 percent of the
amount made available by or appropriated under section 5338 in
each fiscal year to carry out this section shall be available
for any eligible projects for which an application is received
from a designated recipient, for--
``(A) the purchase or construction of hybrid
electric or battery-powered buses; or
``(B) facilities specifically designed to service
those buses.
``(2) Clean diesel buses.--Not more than $50,000,000 of the
amount made available by or appropriated under section 5338 in
each fiscal year to carry out this section may be made available
to fund clean diesel buses.
``(3) Bus retrofitting and replacement.--Not more than 5
percent of the amount made available by or appropriated under
section 5338 in each fiscal year to carry out this section may
be made available to fund retrofitting or replacement of the
engines of buses that do not meet the clean air standards of the
Environmental Protection Agency, as in effect on the date on
which the application for such retrofitting or replacement is
submitted under subsection (c)(1).
``(f) Availability of Funds.--Any amount made available or
appropriated under this section--
``(1) shall remain available to a project for 1 year after
the fiscal year for which the amount is made available or
appropriated; and
``(2) that remains unobligated at the end of the period
described in paragraph (1), shall be added to the amount made
available in the following fiscal year.''.
(b) Clerical Amendment.--The analysis for chapter 53 is amended by
striking the item relating to section 5308 and inserting the following:
``5308. Clean fuels formula grant program.''.
SEC. 3009. CAPITAL INVESTMENT GRANTS AND LOANS.
(a) Section Heading.--Section 5309 is amended in the section heading
by striking ``Discretionary'' and inserting ``Capital investment''.
(b) Conforming Amendment.--The item relating to section 5309 in the
table of sections for chapter 53 is amended by striking
``Discretionary'' and inserting ``Capital investment''.
(c) General Authority.--Section 5309(a)(1) is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(2) by striking subparagraph (E) and inserting the
following:
``(E) capital projects to modernize existing fixed guideway
systems;
``(F) capital projects to replace, rehabilitate, and
purchase buses and related equipment and to construct bus-
related facilities;''.
(d) Consideration of Decreased Commuter Rail Transportation.--
Section 5309(c) is amended to read as follows:
``(c) [Reserved.]''.
(e) Criteria for Grants and Loans for Fixed Guideway Systems.--
Section 5309(e) is amended to read as follows:
``(e) Criteria for Grants and Loans for Fixed Guideway Systems.--
``(1) In general.--The Secretary may approve a grant or loan
under this section for a capital project for a new fixed
guideway system or extension of an existing fixed guideway
system only if the Secretary determines that the proposed
project is--
``(A) based on the results of an alternatives
analysis and preliminary engineering;
``(B) justified based on a comprehensive review of
its mobility improvements, environmental benefits, cost
effectiveness, and operating efficiencies; and
``(C) supported by an acceptable degree of local
financial commitment, including evidence of stable and
dependable financing sources to construct, maintain, and
operate the system or extension.
``(2) Alternatives analysis and preliminary engineering.--In
evaluating a project under paragraph (1)(A), the Secretary shall
analyze and consider the results of the alternatives analysis
and preliminary engineering for the project.
``(3) Project justification.--In evaluating a project under
paragraph (1)(B), the Secretary shall--
``(A) consider the direct and indirect costs of
relevant alternatives;
``(B) consider factors such as congestion relief,
improved mobility, air pollution, noise pollution,
energy consumption, and all associated ancillary and
mitigation costs necessary to carry out each alternative
analyzed, and recognize reductions in local
infrastructure costs achieved through compact land use
development;
``(C) identify and consider mass transportation
supportive existing land use policies and future
patterns, and the cost of urban sprawl;
``(D) consider the degree to which the project
increases the mobility of the mass transportation
dependent population or promotes economic development;
``(E) consider population density and current
transit ridership in the corridor;
``(F) consider the technical capability of the grant
recipient to construct the project;
``(G) adjust the project justification to reflect
differences in local land, construction, and operating
costs; and
``(H) consider other factors that the Secretary
determines appropriate to carry out this chapter.
``(4) Local financial commitment.--
``(A) Evaluation of project.--In evaluating a
project under paragraph (1)(C), the Secretary shall
require that--
``(i) the proposed project plan provides for
the availability of contingency amounts that the
Secretary determines to be reasonable to cover
unanticipated cost increases;
``(ii) each proposed local source of capital
and operating financing is stable, reliable, and
available within the proposed project timetable;
and
``(iii) local resources are available to
operate the overall proposed mass transportation
system (including essential feeder bus and other
services necessary to achieve the projected
ridership levels) without requiring a reduction in
existing mass transportation services to operate
the proposed project.
``(B) Considerations.--In assessing the stability,
reliability, and availability of proposed sources of
local financing under subparagraph (A), the Secretary
shall consider--
``(i) existing grant commitments;
``(ii) the degree to which financing sources
are dedicated to the purposes proposed;
``(iii) any debt obligation that exists or is
proposed by the recipient for the proposed project
or other mass transportation purpose; and
``(iv) the extent to which the project has a
local financial commitment that exceeds the
required non-Federal share of the cost of the
project.
``(5) Regulations.--Not later than 120 days after the date
of enactment of the Federal Transit Act of 1998, the Secretary
shall issue regulations on the manner in which the Secretary
will evaluate and rate the projects based on the results of
alternatives analysis, project justification, and the degree of
local financial commitment, as required under this subsection.
``(6) Project evaluation and rating.--A proposed project may
advance from alternatives analysis to preliminary engineering,
and may advance from preliminary engineering to final design and
construction, only if the Secretary finds that the project meets
the requirements of this section and there is a reasonable
likelihood that the project will continue to meet such
requirements. In making such findings, the Secretary shall
evaluate and rate the project as `highly recommended',
`recommended', or not `recommended', based on the results of
alternatives analysis, the project justification criteria, and
the degree of local financial commitment, as required under this
subsection. In rating the projects, the Secretary shall provide,
in addition to the overall project rating, individual ratings
for each criteria established under the regulations issued under
paragraph (5).
``(7) Full funding grant agreement.--A project financed
under this subsection shall be carried out through a full
funding grant agreement. The Secretary shall enter into a full
funding grant agreement based on the evaluations and ratings
required under this subsection. The Secretary shall not enter
into a full funding grant agreement for a project unless that
project is authorized for final design and construction.
``(8) Limitations on applicability.--
``(A) Projects with a section 5309 federal share of
less than $25,000,000.--A project for a new fixed
guideway system or extension of an existing fixed
guideway system is not subject to the requirements of
this subsection, and the simultaneous evaluation of
similar projects in at least 2 corridors in a
metropolitan area may not be limited, if the assistance
provided under this section with respect to the project
is less than $25,000,000.
``(B) Projects in nonattainment areas.--The
simultaneous evaluation of projects in at least 2
corridors in a metropolitan area may not be limited and
the Secretary shall make decisions under this subsection
with expedited procedures that will promote carrying out
an approved State Implementation Plan in a timely way if
a project is--
``(i) located in a nonattainment area;
``(ii) a transportation control measure (as
defined by the Clean Air Act (42 U.S.C. 7401 et
seq.)); and
``(iii) required to carry out the State
Implementation Plan.
``(C) Projects financed with highway funds.--This
subsection does not apply to a part of a project
financed
completely with amounts made available from the Highway
Trust Fund (other than the Mass Transit Account).
``(D) Previously issued letter of intent or full
funding grant agreement.--This subsection does not apply
to projects for which the Secretary has issued a letter
of intent or entered into a full funding grant agreement
before the date of enactment of the Federal Transit Act
of 1998.''.
(f) Letters of Intent and Full Funding Grant Agreements.--Section
5309(g) is amended--
(1) in the subsection heading by striking ``financing'' and
inserting ``funding'';
(2) by striking ``full financing'' each place it appears and
inserting ``full funding'';
(3) in paragraph (1)(B)--
(A) by striking ``30 days'' and inserting ``60
days'';
(B) by inserting before the first comma ``or
entering into a full funding grant agreement''; and
(C) by striking ``issuance of the letter.'' and
inserting ``letter or agreement. The Secretary shall
include with the notification a copy of the proposed
letter or agreement as well as the evaluations and
ratings for the project.''; and
(4) in paragraph (4), by striking ``50 percent'' and all
that follows through ``obligated)'' and inserting ``an amount
equivalent to the total authorizations under section 5338(b) for
new fixed guideway systems and extensions to existing fixed
guideway systems for fiscal years 2002 and 2003''.
(g) Allocating Amounts.--Section 5309(m) is amended to read as
follows:
``(m) Allocating Amounts.--
``(1) In general.--Of the amounts made available by or
appropriated under section 5338 for grants and loans under this
section for each of fiscal years 1998 through 2003--
``(A) 40 percent shall be available for fixed
guideway modernization;
``(B) 40 percent shall be available for capital
projects for new fixed guideway systems and extensions
to existing fixed guideway systems; and
``(C) 20 percent shall be available to replace,
rehabilitate, and purchase buses and related equipment
and to construct bus-related facilities.
``(2) Limitation on amounts available for activities other
than final design and construction.--Not more than 8 percent of
the amounts made available in each fiscal year by paragraph
(1)(B) shall be available for activities other than final design
and construction.
``(3) Bus and bus facility grants.--
``(A) Consideration.--In making grants under
paragraph (1)(C), the Secretary shall consider the age
of buses, bus fleets, related equipment, and bus-related
facilities.
``(B) Funding for bus testing facility.--Of the
amounts made available under paragraph (1)(C),
$3,000,000 shall be available in each of fiscal years
1998 through 2003 to carry out section 5318.
``(4) Funding for clean fuels.--Of the amounts made
available under paragraph (1)(C), $50,000,000 shall be available
in each of fiscal years 1999 through 2003 to carry out section
5308.
``(5) Funding for ferry boat systems.--
``(A) Of the amounts made available under paragraph
(1)(B), $10,400,000 shall be available in each of fiscal
years 1999 through 2003 for capital projects in Alaska
or Hawaii, for new fixed guideway systems and extensions
to fixed guideway systems that are ferry boats or ferry
terminal facilities, or that are approaches to ferry
terminal facilities.
``(B) Of the amounts appropriated under section
5338(h)(5), $3,600,000 shall be available in each of
fiscal years 1999 through 2003 for capital projects in
Alaska or Hawaii, for new fixed guideway systems and
extensions to fixed guideway systems that are ferry
boats or ferry terminal facilities, or that are
approaches to ferry terminal facilities.''.
(h) Conforming Amendments.--
(1) Repeal.--Section 5309(f) is amended to read as follows:
``(f) [Reserved.]''.
(2) Cross reference.--Section 5328(a)(2) is amended by
striking ``5309(e)(1)-(6) of this title'' and inserting
``5309(e)''.
(3) References to full funding grant agreements.--Chapter 53
is amended--
(A) in section 5320--
(i) by striking ``full financing'' each place
it appears and inserting ``full funding''; and
(ii) in subsection (e) in the subsection
heading, by striking ``Financing'' and inserting
``Funding''; and
(B) in section 5328(a)(4) by striking ``full
financing'' each place it appears and inserting ``full
funding''.
(i) Reports.--Section 5309 is amended by adding at the end the
following:
``(o) Reports.--
``(1) Funding levels and allocations of funds for fixed
guideway systems.--
``(A) Annual report.--Not later than the first
Monday in February of each year, the Secretary shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report that includes a proposal on the
allocation of amounts to be made available to finance
grants and loans for capital projects for new fixed
guideway systems and extensions to existing fixed
guideway systems among applicants for those amounts.
``(B) Recommendations on funding.--The annual report
under this paragraph shall include evaluations and
ratings, as required under subsection (e), for each
project that is authorized or has received funds under
this section since the date of enactment of the Federal
Transit Act of 1998 or October 1 of the preceding fiscal
year, whichever date is earlier. The report shall also
include recommendations of projects for funding based on
the evaluations and ratings and on existing commitments
and anticipated funding levels for the next 3 fiscal
years and for the next 10 fiscal years based on
information currently available to the Secretary.
``(2) Supplemental report on new starts.--The Secretary
shall submit a report to Congress on the 31st day of August of
each year that describes the Secretary's evaluation and rating
of each project that has completed alternatives analysis or
preliminary engineering since the date of the last report. The
report shall include all relevant information that supports the
evaluation and rating of each project, including a summary of
each project's financial plan.
``(3) Annual gao review.--The General Accounting Office
shall--
``(A) conduct an annual review of--
``(i) the processes and procedures for
evaluating and rating projects and recommending
projects; and
``(ii) the Secretary's implementation of such
processes and procedures; and
``(B) shall report to Congress on the results of
such review by April 30 of each year.''.
(j) Project Defined.--Section 5309 is amended by adding at the end
the following:
``(p) Project Defined.--In this section, the term `project' means,
with respect to a new fixed guideway system or extension to an existing
fixed guideway system, a minimum operable segment of the project.''.
SEC. 3010. DOLLAR VALUE OF MOBILITY IMPROVEMENTS. <<NOTE: 49 USC 5309
note.>>
(a) In General.--The Secretary shall not consider the dollar value
of mobility improvements, as specified in the report required under
section 5309(o) (as added by this Act), in evaluating projects under
section 5309 of title 49, United States Code, in developing regulations,
or in carrying out any other duty of the Secretary.
(b) Study.--
(1) In general.--The Comptroller General shall conduct a
study of the dollar value of mobility improvements and the
relationship of mobility improvements to the overall
transportation justification of a new fixed guideway system or
extension to an existing system.
(2) Report.--Not later than January 1, 2000, the Secretary
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate a report on
the results of the study under paragraph (1), including an
analysis of the factors relevant to determining the dollar value
of mobility improvements.
SEC. 3011. LOCAL SHARE. <<NOTE: 49 USC 5307 note.>>
(a) In General.--Notwithstanding any other provision of law, for
fiscal years 1999 through 2003, a recipient of assistance under section
5307 or 5309 of title 49, United States Code, may use, as part of the
local matching funds for a capital project (as defined in section
5302(a) of title 49, United States Code), the proceeds from the issuance
of revenue bonds.
(b) Maintenance of Effort.--The Secretary shall approve of the use
of the proceeds from the issuance of revenue bonds for the remainder of
the net project cost (as defined in section 5302(a) of title 49, United
States Code) only if the aggregate amount of financial support for mass
transportation in the urbanized area from the State and affected local
governmental authorities during the next 3 fiscal years, as programmed
in the State Transportation
Improvement Program under section 135 of title 23, United States Code,
is not less than the aggregate amount provided by the State and affected
local governmental authorities in the urbanized area during the
preceding 3 fiscal years.
(c) Report.--
(1) In general.--Not later than January 1, 2003, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate, a report
on the recipients described in subsection (a) that have used, as
part of the local matching funds for a capital project, the
proceeds from the issuance of revenue bonds, during the period
described in subsection (a).
(2) Contents of report.--The report required by this
subsection shall include--
(A) information on each project undertaken, the
amount of the revenue bonds issued, and the status of
repayment of the bonds; and
(B) any recommendations of the Secretary regarding
the application of this section.
SEC. 3012. INTELLIGENT TRANSPORTATION SYSTEMS APPLICATIONS.
(a) Fixed Guideway Technology.--The Secretary shall make grants for
the study, design, and demonstration of fixed guideway technology. Of
the amounts made available by or appropriated under section 5338(d) of
title 49, United States Code, the Secretary shall make funds available
for the following projects in not less than the amounts specified for
the fiscal year:
(1) North Orange-South Seminole County, FL $750,000 for
fiscal year 1999.
(2) Galveston, TX fixed guideway activities $750,000 for
fiscal year 1999.
(3) Washoe County, NV Transit Technology, $1,250,000 for
each of fiscal years 1999 and 2000.
(b) Bus Technology.--The Secretary shall make grants for the study,
design, and demonstration of bus technology. Of the amounts made
available by or appropriated under section 5338(d) of title 49, United
States Code, the Secretary shall make funds available for the following
projects in not less than the amounts specified for the fiscal year:
(1) MBTA, MA Advanced Electric Transit Buses and Related
Infrastructure, $1,500,000 for each of fiscal years 1999 and
2000.
(2) Palm Springs, CA Fuel Cell Buses, $1,000,000 for each of
fiscal years 1999 and 2000.
(3) Gloucester, MA Intermodal Technology Center, $1,500,000
for each of fiscal years 1999 and 2000.
(c) Advanced Propulsion Control System.--
(1) In general.--Of the amounts made available by or
appropriated under section 5338(d) of title 49, United States
Code, $2,000,000 for fiscal year 1999, $3,000,000 for fiscal
year 2000, and $3,000,000 for fiscal year 2001 shall be
available to the Southeastern Pennsylvania Transit Authority (in
this subsection referred to as ``SEPTA''), to be used only for
the completion of the program to develop and deploy a new
Advanced Propulsion Control System begun under the Request for
Technical Proposals for Project S-2814-2.
(2) Action required by septa.--This subsection shall take
effect only if SEPTA issues a request for cost proposals to the
4 selectees from the full and open competition under SEPTA's
Request for Technical Proposals for Project S-2814-2 not later
than 60 days after the date of enactment of this Act.
SEC. 3013. FORMULA GRANTS AND LOANS FOR SPECIAL NEEDS OF ELDERLY
INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES.
(a) Section Heading.--Section 5310 is amended in the section heading
by striking ``Grants'' and inserting ``Formula grants''.
(b) Conforming Amendment.--The item relating to section 5310 in the
table of sections for chapter 53 is amended by inserting ``formula''
before ``grants''.
SEC. 3014. FORMULA PROGRAM FOR OTHER THAN URBANIZED AREAS.
(a) In General.--Section 5311 is amended--
(1) in the section heading, by striking ``Financial
assistance'' and inserting ``Formula grants''; and
(2) in subsection (f)(1) by striking ``10 percent of the
amount made available in the fiscal year ending September 30,
1993, and''.
(b) Conforming Amendment.--The item relating to section 5311 in the
table of sections for chapter 53 is amended by striking ``Financial
assistance'' and inserting ``Formula grant''.
SEC. 3015. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TRAINING PROJECTS.
(a) In General.--Section 5312 is amended by adding at the end the
following:
``(d) Joint Partnership Program for Deployment of Innovation.--
``(1) Definition of consortium.--In this subsection, the
term `consortium'--
``(A) means 1 or more public or private
organizations located in the United States that provide
mass transportation service to the public and 1 or more
businesses, including small- and medium-sized
businesses, incorporated in a State, offering goods or
services or willing to offer goods and services to mass
transportation operators; and
``(B) may include, as additional members, public or
private research organizations located in the United
States, or State or local governmental authorities.
``(2) General authority.--The Secretary may, under terms and
conditions that the Secretary prescribes, enter into grants,
contracts, cooperative agreements, and other agreements with
consortia selected in accordance with paragraph (4), to promote
the early deployment of innovation in mass transportation
services, management, operational practices, or technology that
has broad applicability. This paragraph shall be carried out in
consultation with the transit industry by competitively selected
consortia that will share costs, risks, and rewards of early
deployment of innovation.
``(3) Consortium contribution.--A consortium assisted under
this subsection shall provide not less than 50 percent of the
costs of any joint partnership project. Any business,
organization, person, or governmental body may contribute funds
to a joint partnership project.
``(4) Notice requirement.--The Secretary shall periodically
give public notice of the technical areas for which joint
partnerships are solicited, required qualifications of consortia
desiring to participate, the method of selection and evaluation
criteria to be used in selecting participating consortia and
projects, and the process by which innovation projects described
in paragraph (1) will be awarded.
``(5) Use of revenues.--The Secretary shall accept, to the
maximum extent practicable, a portion of the revenues resulting
from sales of an innovation project funded under this section.
Such revenues shall be accounted for separately within the Mass
Transit Account of the Highway Trust Fund and shall be available
to the Secretary for activities under this subsection. Annual
revenues that are less than $1,000,000 shall be available for
obligation without further appropriation and shall not be
subject to any obligation limitation.
``(e) International Mass Transportation Program.--
``(1) Activities.--The Secretary is authorized to engage in
activities to inform the United States domestic mass
transportation community about technological innovations
available in the international marketplace and activities that
may afford domestic businesses the opportunity to become
globally competitive in the export of mass transportation
products and services. Such activities may include--
``(A) development, monitoring, assessment, and
dissemination domestically of information about
worldwide mass transportation market opportunities;
``(B) cooperation with foreign public sector
entities in research, development, demonstration,
training, and other forms of technology transfer and
exchange of experts and information;
``(C) advocacy, in international mass transportation
markets, of firms, products, and services available from
the United States;
``(D) informing the international market about the
technical quality of mass transportation products and
services through participation in seminars, expositions,
and similar activities; and
``(E) offering those Federal Transit Administration
technical services which cannot be readily obtained from
the United States private sector to foreign public
authorities planning or undertaking mass transportation
projects if the cost of these services will be recovered
under the terms of each project.
``(2) Cooperation.--The Secretary may carry out activities
under this subsection in cooperation with other Federal
agencies, State or local agencies, public and private nonprofit
institutions, government laboratories, foreign governments, or
any other organization the Secretary determines is appropriate.
``(3) Funding.--The funds available to carry out this
subsection shall include revenues paid to the Secretary by any
cooperating organization or person. Such revenues shall be
accounted for separately within the Mass Transit Account of the
Highway Trust Fund and shall be available to the Secretary
to carry out activities under this subsection, including
promotional materials, travel, reception, and representation
expenses necessary to carry out such activities. Annual revenues
that are less than $1,000,000 shall be available for obligation
without further appropriation and shall not be subject to any
obligation limitation. Not later than January 1 of each fiscal
year, the Secretary shall publish a report on the activities
under this paragraph funded from the account.''.
(b) Fuel Cell Bus and Bus Facilities Program.--Of the funds made
available for each fiscal year to carry out section 5309(m)(1)(C) of
title 49, United States Code, $4,850,000 shall be available to carry out
the fuel cell powered transit bus program and the intermodal
transportation fuel cell bus maintenance facility.
(c) Advanced Technology Pilot Project.-- <<NOTE: 49 USC 322 note.>>
(1) In general.--The Secretary shall make grants for the
development of low speed magnetic levitation technology for
public transportation purposes in urban areas to demonstrate
energy efficiency, congestion mitigation, and safety benefits.
(2) Funding.--Of the amounts made available under section
5001(a)(2) of this Act for each of fiscal years 1998 through
2003, $5,000,000 per fiscal year shall be available to carry out
this subsection.
(3) Federal share.--The Federal share payable on account of
activities carried out using a grant made under this subsection
shall be 80 percent of the cost of such activities.
SEC. 3016. NATIONAL PLANNING AND RESEARCH PROGRAMS.
Section 5314(a)(2) is amended by striking ``$2,000,000'' and
inserting ``$3,000,000''.
SEC. 3017. NATIONAL TRANSIT INSTITUTE.
(a) In General.--Section 5315(a) is amended--
(1) in paragraph (5) by inserting ``and architectural
design'' before the semicolon at the end;
(2) in paragraph (7) by striking ``carrying out'' and
inserting ``delivering'';
(3) in paragraph (11) by inserting ``, construction
management, insurance, and risk management'' before the
semicolon at the end;
(4) in paragraph (13) by striking ``and'' at the end;
(5) in paragraph (14) by striking the period at the end and
inserting a semicolon; and
(6) by adding at the end the following:
``(15) innovative finance; and
``(16) workplace safety.''.
(b) Conforming Amendment.--The item relating to section 5315 in the
table of sections for chapter 53 is amended by striking ``mass
transportation'' and inserting ``transit''.
SEC. 3018. BUS TESTING FACILITIES.
(a) Operation and Maintenance.--Section 5318(b) is amended--
(1) by striking ``make a contract with'' and inserting
``enter into a contract or cooperative agreement with, or make a
grant to,'';
(2) by inserting ``or organization'' after ``person'';
(3) by inserting ``, cooperative agreement, or grant'' after
``The contract''; and
(4) by inserting ``mass transportation'' after ``and
other''.
(b) Availability of Amounts.--Section 5318(d) is amended by striking
``make a contract with'' and inserting ``enter into a contract or
cooperative agreement with, or make a grant to,''.
SEC. 3019. BICYCLE FACILITIES.
Section 5319 is amended by striking ``under this section is for 90
percent of the cost of the project'' and inserting ``made eligible by
this section is for 90 percent of the cost of the project, except that,
if the grant or any portion of the grant is made with funds required to
be expended under section 5307(k) and the project involves providing
bicycle access to mass transportation, that grant or portion of that
grant shall be at a Federal share of 95 percent''.
SEC. 3020. GENERAL PROVISIONS ON ASSISTANCE.
(a) Technical Amendment.--Section 5323(d) is amended by striking
``Buying and Operating Buses.--'' and inserting ``Condition on Charter
Bus Transportation Service.--''.
(b) Buy America.--Section 5323(j)(7) is amended to read as follows:
``(7) Opportunity to correct inadvertent error.--The
Secretary may allow a manufacturer or supplier of steel, iron,
or manufactured goods to correct after bid opening any
certification of noncompliance or failure to properly complete
the certification (but not including failure to sign the
certification) under this subsection if such manufacturer or
supplier attests under penalty of perjury that such manufacturer
or supplier submitted an incorrect certification as a result of
an inadvertent or clerical error. The burden of establishing
inadvertent or clerical error is on the manufacturer or
supplier.''.
(c) Government's Share.--Section 5323(i) is amended to read as
follows:
``(i) Government Share of Costs for Certain Projects.--A grant for a
project to be assisted under this chapter that involves acquiring
vehicle-related equipment required by the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) or vehicle-related equipment
(including clean fuel or alternative fuel vehicle-related equipment) for
purposes of complying with or maintaining compliance with the Clean Air
Act, is for 90 percent of the net project cost of such equipment
attributable to compliance with those Acts. The Secretary shall have
discretion to determine, through practicable administrative procedures,
the costs of such equipment attributable to compliance with those
Acts.''.
(d) HHS and Public Transit Service.--Section 5323 is amended--
(1) by redesignating subsections (k) and (l) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (j) the following:
``(k) Participation of Governmental Agencies in Design and Delivery
of Transportation Services.--To the extent feasible, governmental
agencies and nonprofit organizations that receive assistance from
Government sources (other than the Department of Transportation) for
nonemergency transportation services--
``(1) shall participate and coordinate with recipients of
assistance under this chapter in the design and delivery of
transportation services; and
``(2) shall be included in the planning for those
services.''.
(e) Submission of Certifications.--Section 5323 is amended by adding
at the end the following:
``(n) Submission of Certifications.--A certification required under
this chapter and any additional certification or assurance required by
law or regulation to be submitted to the Secretary may be consolidated
into a single document to be submitted annually as part of a grant
application under this chapter. <<NOTE: Publication.>> The Secretary
shall publish annually a list of all certifications required under this
chapter with the publication required under section 5336(e)(2).''.
(f) Grant Requirements.--Section 5323 is amended by adding at the
end the following:
``(o) Grant Requirements.--The grant requirements under sections
5307 and 5309 apply to any project under this chapter that receives any
assistance or other financing under the Transportation Infrastructure
Finance and Innovation Act of 1998.''.
SEC. 3021. <<NOTE: 49 USC 5307 note.>> PILOT PROGRAM FOR INTERCITY
RAIL INFRASTRUCTURE INVESTMENT FROM MASS TRANSIT ACCOUNT OF
HIGHWAY TRUST FUND.
(a) In General.--The Secretary shall establish a pilot program to
determine the benefits of using funds from the Mass Transit Account of
the Highway Trust Fund for intercity passenger rail. Any assistance
provided to the State of Oklahoma under sections 5307 and 5311 of title
49, United States Code, during fiscal years 1998 through 2003 may be
used for capital improvements to, and operating assistance for,
intercity passenger rail service.
(b) Report.--
(1) In general.--Not later than October 1, 2002, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate a report on
the pilot program established under this section.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) an evaluation of the effect of the pilot program
on alternative forms of transportation within the State
of Oklahoma;
(B) an evaluation of the effect of the program on
operators of mass transportation and their passengers;
(C) a calculation of the amount of Federal
assistance provided under this section transferred for
the provision of intercity passenger rail service; and
(D) an estimate of the benefits to intercity
passenger rail service, including the number of
passengers served, the number of route miles covered,
and the number of localities served by intercity
passenger rail service.
SEC. 3022. CONTRACT REQUIREMENTS.
(a) Efficient Procurement.--Section 5325 is amended--
(1) by striking subsections (b) and (c);
(2) by redesignating subsection (d) as subsection (b); and
(3) by adding at the end the following:
``(c) Efficient Procurement.--A recipient may award a procurement
contract under this chapter to other than the lowest bidder when the
award furthers an objective consistent with the purposes of this
chapter, including improved long-term operating efficiency and lower
long-term costs.''.
SEC. 3023. SPECIAL PROCUREMENTS.
(a) Turnkey System Projects.--Section 5326(a) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Turnkey system project defined.--In this subsection,
the term `turnkey system project' means a project under which a
recipient enters into a contract with a seller, firm, or
consortium of firms to design and build a mass transportation
system or an operable segment thereof that meets specific
performance criteria. Such project may also include an option to
finance, or operate for a period of time, the system or segment
or any combination of designing, building, operating, or
maintaining such system or segment.'';
(2) in paragraph (2)--
(A) by inserting ``Selection of turnkey proj-
ects.--'' after ``(2)''; and
(B) by inserting ``or an operable segment of a mass
transportation system'' after ``transportation system'';
(3) in paragraph (3) by inserting ``Demonstrations.--''
after ``(3)''; and
(4) by aligning paragraphs (2) and (3) with paragraph (1) of
such section, as amended by paragraph (1) of this section.
(b) Technical Amendment.--Section 5326 is amended by striking
subsection (c) and inserting the following:
``(c) Acquiring Rolling Stock.--A recipient of financial assistance
under this chapter may enter into a contract to expend that assistance
to acquire rolling stock--
``(1) based on--
``(A) initial capital costs; or
``(B) performance, standardization, life cycle
costs, and other factors; or
``(2) with a party selected through a competitive
procurement process.
``(d) Procuring Associated Capital Maintenance Items.--A recipient
of assistance under section 5307 procuring an associated capital
maintenance item under section 5307(b) may enter into a contract
directly with the original manufacturer or supplier of the item to be
replaced, without receiving prior approval of the Secretary, if the
recipient first certifies in writing to the Secretary that--
``(1) the manufacturer or supplier is the only source for
the item; and
``(2) the price of the item is no more than the price that
similar customers pay for the item.''.
(c) Conforming Amendment.--Section 5334(b)(4) is amended by striking
``5323(a)(2), (c) and (e), 5324(c), and 5325 of this title'' and
inserting ``5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b),
5326(c), and 5326(d)''.
SEC. 3024. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.
(a) Limitation on Use of Available Amounts.--Section 5327(c)(2) is
amended--
(1) by striking ``make contracts'' and inserting ``enter
into contracts''; and
(2) by inserting before the period at the end of the first
sentence the following: ``and to provide technical assistance to
correct deficiencies identified in compliance reviews and audits
carried out under this section''.
(b) Financial Plan.--Section 5327 is amended by adding at the end
the following:
``(f) Financial Plan.--A recipient of financial assistance for a
project under this chapter with an estimated total cost of
$1,000,000,000 or more shall submit to the Secretary an annual financial
plan for the project. The plan shall be based on detailed annual
estimates of the cost to complete the remaining elements of the project
and on reasonable assumptions, as determined by the Secretary, of future
increases in the cost to complete the project.''.
SEC. 3025. ADMINISTRATIVE PROCEDURES.
(a) Training and Conference Costs.--Section 5334(a) is amended--
(1) in paragraph (8) by striking ``and'' at the end;
(2) in paragraph (9) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) collect fees to cover the costs of training or
conferences, including costs of promotional materials, sponsored
by the Federal Transit Administration to promote mass
transportation and credit amounts collected to the appropriation
concerned.''.
(b) Technical Amendments.--
(1) Section heading.--The heading for section 5334 is
amended by inserting ``provisions'' after ``Administrative''.
(2) Table of sections.--The item relating to section 5334 in
the table of sections for chapter 53 is amended by inserting
``provisions'' after ``Administrative''.
(c) Proceeds From Sale of Transit Assets.--Section 5334(g) is
amended by adding at the end the following:
``(4) Proceeds from the sale of transit assets.--
``(A) In general.--When real property, equipment, or
supplies acquired with assistance under this chapter are
no longer needed for mass transportation purposes as
determined under the applicable assistance agreement,
the Secretary may authorize the sale, transfer, or lease
of the assets under conditions determined by the
Secretary and subject to the requirements of this
subsection.
``(B) Use.--The net income from asset sales, uses,
or leases (including lease renewals) under this
subsection shall be used by the recipient to reduce the
gross project cost of other capital projects carried out
under this chapter.
``(C) Relationship to other authority.--The
authority of the Secretary under this subsection is in
addition to existing authorities controlling allocation
or use of recipient income otherwise permissible in law
or regulation in effect prior to the date of enactment
of this paragraph.''.
SEC. 3026. REPORTS AND AUDITS.
(a) National Transit Database.--Section 5335(a) is amended--
(1) by striking ``Reporting System and Uniform System of
Accounts and Records'' and inserting ``National Transit
Database''; and
(2) in paragraph (1)--
(A) by striking ``by uniform categories,'' and
inserting ``using uniform categories''; and
(B) by striking ``and a uniform system of accounts
and records'' and inserting ``and using a uniform system
of accounts''.
(b) Reports.--Section 5335 is amended--
(1) by striking subsections (b) and (c); and
(2) by redesignating subsection (d) as subsection (b).
SEC. 3027. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.
(a) In General.--Section 5336 is amended in the section heading by
striking ``block grants'' and inserting ``formula grants''.
(b) Repeal.--Section 5336(d) is amended to read as follows:
``(d) [Reserved.]''.
(c) <<NOTE: 49 USC 5307 note.>> Continuation of Operating
Assistance to Certain Larger Urbanized Areas.--
(1) Provision of assistance.--Notwithstanding any other
provision of law, during the period described in paragraph (2),
the Secretary may continue to provide assistance under section
5307 of title 49, United States Code, to finance the operating
costs of equipment and facilities for use in mass transportation
in any urbanized area (as that term is defined in section 5302
of title 49, United States Code) with a population of at least
200,000, if the Secretary determines that--
(A) the number of the total bus revenue vehicle-
miles operated in or directly serving the area is less
than 600,000; and
(B) the number of buses operated in or directly
serving the area does not exceed 15.
(2) Period described.--For purposes of paragraph (1), the
period described in this paragraph is the period beginning on
the date of enactment of this Act and ending on the earlier of--
(A) 3 years after the date of enactment of this Act;
and
(B) the date on which the Secretary determines
that--
(i) the number of the total bus revenue
vehicle-miles operated in or directly serving the
area is greater than or equal to 600,000; and
(ii) the number of buses operated in or
directly serving the area exceeds 15.
SEC. 3028. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY
MODERNIZATION.
(a) Distribution.--Section 5337(a) is amended to read as follows:
``(a) Distribution.--The Secretary shall apportion amounts made
available for fixed guideway modernization under section 5309 for each
of fiscal years 1998 through 2003 as follows:
``(1) The first $497,700,000 shall be apportioned in the
following urbanized areas as follows:
``(A) Baltimore, $8,372,000.
``(B) Boston, $38,948,000.
``(C) Chicago/Northwestern Indiana, $78,169,000.
``(D) Cleveland, $9,509,500.
``(E) New Orleans, $1,730,588.
``(F) New York, $176,034,461.
``(G) Northeastern New Jersey, $50,604,653.
``(H) Philadelphia/Southern New Jersey, $58,924,764.
``(I) Pittsburgh, $13,662,463.
``(J) San Francisco, $33,989,571.
``(K) Southwestern Connecticut, $27,755,000.
``(2) The next $70,000,000 shall be apportioned as follows:
``(A) 50 percent in the urbanized areas listed in
paragraph (1), as provided in section 5336(b)(2)(A).
``(B) 50 percent in other urbanized areas eligible
for assistance under section 5336(b)(2)(A) to which
amounts were apportioned under this section for fiscal
year 1997, as provided in section 5336(b)(2)(A) and
subsection (e) of this section.
``(3) The next $5,700,000 shall be apportioned in the
following urbanized areas as follows:
``(A) Pittsburgh, 61.76 percent.
``(B) Cleveland, 10.73 percent.
``(C) New Orleans, 5.79 percent.
``(D) 21.72 percent in urbanized areas to which
paragraph (2)(B)(ii) applies, as provided in section
5336(b)(2)(A) and subsection (e) of this section.
``(4) The next $186,600,000 shall be apportioned in each
urbanized area to which paragraph (1) applies and in each
urbanized area to which paragraph (2)(B) applies, as provided in
section 5336(b)(2)(A) and subsection (e) of this section.
``(5) The next $70,000,000 shall be apportioned as follows:
``(A) 65 percent in the urbanized areas listed in
paragraph (1), as provided in section 5336(b)(2)(A) and
subsection (e) of this section.
``(B) 35 percent to other urbanized areas eligible
for assistance under section 5336(b)(2)(A) if the areas
contain fixed guideway systems placed in revenue service
at least 7 years before the fiscal year in which amounts
are made available and in any urbanized area if, before
the first day of the fiscal year, the area satisfies the
Secretary that the area has modernization needs that
cannot adequately be met with amounts received under
section 5336(b)(2)(A), as provided in section
5336(b)(2)(A) and subsection (e) of this section.
``(6) The next $50,000,000 shall be apportioned as follows:
``(A) 60 percent in the urbanized areas listed in
paragraph (1), as provided in section 5336(b)(2)(A) and
subsection (e) of this section.
``(B) 40 percent to urbanized areas to which
paragraph (5)(B) applies, as provided in section
5336(b)(2)(A) and subsection (e) of this section.
``(7) Remaining amounts shall be apportioned as follows:
``(A) 50 percent in the urbanized areas listed in
paragraph (1), as provided in section 5336(b)(2)(A) and
subsection (e) of this section.
``(B) 50 percent to urbanized areas to which
paragraph (5)(B) applies, as provided in section
5336(b)(2)(A) and subsection (e) of this section.''.
(b) Route Segments To Be Included in Apportionment Formulas.--
Section 5337 is amended by adding at the end the following:
``(e) Route Segments To Be Included in Apportionment Formulas.--
``(1) 1997 standard.--Amounts apportioned under paragraphs
(2)(B), (3), and (4) of subsection (a) shall have attributable
to each urbanized area only the number of fixed guideway revenue
miles of service and number of fixed guideway route miles for
segments of fixed guideway systems used to determine
apportionments for fiscal year 1997.
``(2) Other standards.--Amounts apportioned under paragraphs
(5) through (7) of subsection (a) shall have attributable to
each urbanized area only the number of fixed guideway revenue
miles of service and number of fixed guideway route-miles for
segments of fixed guideway systems placed in revenue service at
least 7 years before the fiscal year in which amounts are made
available.''.
SEC. 3029. AUTHORIZATIONS.
(a) In General.--Section 5338 is amended to read as follows:
``Sec. 5338. Authorizations
``(a) Formula Grants.--
``(1) Fiscal year 1998.--
``(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5307, 5310, and 5311,
$2,260,000,000 for fiscal year 1998.
``(B) From the general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out sections
5307, 5310, and 5311, $240,000,000 for fiscal year 1998.
``(C) Allocation of funds.--Of the aggregate of
amounts made available by and appropriated under this
paragraph for a fiscal year--
``(i) $4,849,950 shall be available to the
Alaska Railroad for improvements to its passenger
operations under section 5307;
``(ii) $62,219,389 shall be available to
provide transportation services to elderly
individuals and individuals with disabilities
under section 5310;
``(iii) $134,077,934 shall be available to
provide financial assistance for other than
urbanized areas under section 5311; and
``(iv) $2,298,852,727 shall be available to
provide financial assistance for urbanized areas
under section 5307.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5307, 5308, 5310, and 5311--
``(i) $2,280,000,000 for fiscal year 1999;
``(ii) $2,478,400,000 for fiscal year 2000;
``(iii) $2,676,000,000 for fiscal year 2001;
``(iv) $2,873,600,000 for fiscal year 2002;
and
``(v) $3,071,200,000 for fiscal year 2003.
``(B) From the general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out sections
5307, 5308, 5310, and 5311--
``(i) $570,000,000 for fiscal year 1999;
``(ii) $619,600,000 for fiscal year 2000;
``(iii) $669,000,000 for fiscal year 2001;
``(iv) $718,400,000 for fiscal year 2002; and
``(v) $767,800,000 for fiscal year 2003.
``(C) Allocation of funds.--Of the aggregate of
amounts made available by and appropriated under this
paragraph for a fiscal year--
``(i) $4,849,950 shall be available to the
Alaska Railroad for improvements to its passenger
operations under section 5307;
``(ii) $50,000,000 shall be available to carry
out section 5308; and
``(iii) of the remaining amount--
``(I) 2.4 percent shall be available
to provide transportation services to
elderly individuals and individuals with
disabilities under section 5310;
``(II) 6.37 percent shall be
available to provide financial
assistance for other than urbanized
areas under section 5311; and
``(III) 91.23 percent shall be
available to provide financial
assistance for urbanized areas under
section 5307.
``(b) Capital Program Grants and Loans.--
``(1) Fiscal year 1998.--There shall be available from the
Mass Transit Account of the Highway Trust Fund to carry out
section 5309, $2,000,000,000 for fiscal year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out section 5309--
``(i) $1,805,600,000 for fiscal year 1999;
``(ii) $1,960,800,000 for fiscal year 2000;
``(iii) $2,116,800,000 for fiscal year 2001;
``(iv) $2,272,800,000 for fiscal year 2002;
and
``(v) $2,428,800,000 for fiscal year 2003.
``(B) From the general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out section
5309--
``(i) $451,400,000 for fiscal year 1999;
``(ii) $490,200,000 for fiscal year 2000;
``(iii) $529,200,000 for fiscal year 2001;
``(iv) $568,200,000 for fiscal year 2002; and
``(v) $607,200,000 for fiscal year 2003.
``(c) Planning.--
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out sections 5303, 5304, 5305, and
5313(b), $47,750,000 for fiscal year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5303, 5304, 5305, and 5313(b)--
``(i) $43,200,000 for fiscal year 1999;
``(ii) $46,400,000 for fiscal year 2000;
``(iii) $51,200,000 for fiscal year 2001;
``(iv) $52,800,000 for fiscal year 2002; and
``(v) $57,600,000 for fiscal year 2003.
``(B) From the general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out sections
5303, 5304, 5305, and 5313(b)--
``(i) $10,800,000 for fiscal year 1999;
``(ii) $11,600,000 for fiscal year 2000;
``(iii) $12,800,000 for fiscal year 2001;
``(iv) $13,200,000 for fiscal year 2002; and
``(v) $14,400,000 for fiscal year 2003.
``(C) Allocation of funds.--Of the funds made
available by or appropriated under this paragraph for a
fiscal year--
``(i) 82.72 percent shall be available for
metropolitan planning under sections 5303, 5304,
and 5305; and
``(ii) 17.28 percent shall be available for
State planning under section 5313(b).
``(d) Research.--
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out sections 5311(b)(2), 5312, 5313(a),
5314, 5315, and 5322, $44,250,000 for fiscal year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5311(b)(2), 5312, 5313(a), 5314,
5315, and 5322--
``(i) $36,000,000 for fiscal year 1999;
``(ii) $37,600,000 for fiscal year 2000;
``(iii) $37,600,000 for fiscal year 2001;
``(iv) $39,200,000 for fiscal year 2002; and
``(v) $39,200,000 for fiscal year 2003.
``(B) From the general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out sections
5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322--
``(i) $9,000,000 for fiscal year 1999;
``(ii) $9,400,000 for fiscal year 2000;
``(iii) $9,400,000 for fiscal year 2001;
``(iv) $9,800,000 for fiscal year 2002; and
``(v) $9,800,000 for fiscal year 2003.
``(C) Allocation of funds.--Of the funds made
available by or appropriated under this paragraph for a
fiscal year--
``(i) not less than $5,250,000 shall be
available for providing rural transportation
assistance under section 5311(b)(2);
``(ii) not less than $8,250,000 shall be
available for carrying out transit cooperative
research programs under section 5313(a);
``(iii) not less than $4,000,000 shall be
available to carry out programs under the National
Transit Institute under section 5315; and
``(iv) the remainder shall be available for
carrying out national planning and research
programs under sections 5311(b)(2), 5312, 5313(a),
5314, and 5322.
``(e) University Transportation Research.--
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out section 5317(b) $6,000,000 for fiscal
year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out section 5317(b), $4,800,000 for each of
fiscal years 1999 through 2003.
``(B) From the general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out section
5317(b), $1,200,000 for each of fiscal years 1999
through 2003.
``(f) Administration.--
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out section 5334, $45,738,000 for fiscal
year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out section 5334--
``(i) $43,200,000 for fiscal year 1999;
``(ii) $48,000,000 for fiscal year 2000;
``(iii) $51,200,000 for fiscal year 2001;
``(iv) $53,600,000 for fiscal year 2002; and
``(v) $58,400,000 for fiscal year 2003.
``(B) From the general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out section
5334--
``(i) $10,800,000 for fiscal year 1999;
``(ii) $12,000,000 for fiscal year 2000;
``(iii) $12,800,000 for fiscal year 2001;
``(iv) $13,400,000 for fiscal year 2002; and
``(v) $14,600,000 for fiscal year 2003.
``(g) Grants as Contractual Obligations.--
``(1) Grants financed from the highway trust fund.--A grant
or contract approved by the Secretary, that is financed with
amounts made available under subsection (a)(1)(A), (a)(2)(A),
(b)(1), (b)(2)(A), (c)(2)(A), (d)(2)(A), (e)(2)(A), or (f)(2)(A)
is a contractual obligation of the United States Government to
pay the Government's share of the cost of the project.
``(2) Grants financed from general funds.--A grant or
contract, approved by the Secretary, that is financed with
amounts made available under subsection (a)(1)(B), (a)(2)(B),
(b)(2)(B), (c)(2)(B), (d)(2)(B), (e)(2)(B), (f)(2)(B), or (h) is
a contractual obligation of the Government to pay the
Government's share of the cost of the project only to the extent
that amounts are provided in advance in an appropriations Act.
``(h) Additional Amounts.--In addition to amounts made available by
or appropriated under subsections (a) through (f), there are authorized
to be appropriated--
``(1) to carry out sections 5303, 5304, 5305, and 5313(b)--
``(A) for fiscal year 1999, $32,000,000;
``(B) for fiscal year 2000, $33,000,000;
``(C) for fiscal year 2001, $34,000,000;
``(D) for fiscal year 2002, $35,000,000; and
``(E) for fiscal year 2003, $36,000,000;
``(2) to carry out section 5307, $150,000,000 for each of
fiscal years 1999 through 2003;
``(3) to carry out section 5308, $100,000,000 for each of
fiscal years 1999 through 2003;
``(4) to carry out section 5309(m)(1)(A), $100,000,000 for
each of fiscal years 1999 through 2003;
``(5) to carry out section 5309(m)(1)(B)--
``(A) for fiscal year 1999, $600,000,000;
``(B) for fiscal year 2000, $610,000,000;
``(C) for fiscal year 2001, $620,000,000;
``(D) for fiscal year 2002, $630,000,000; and
``(E) for fiscal year 2003, $630,000,000;
``(6) to carry out section 5309(m)(1)(C), $100,000,000 for
each of fiscal years 1999 through 2003;
``(7) to carry out sections 5311(b)(2), 5312, 5313(a), 5314,
5315, and 5322--
``(A) for fiscal year 1999, $31,000,000;
``(B) for fiscal year 2000, $31,000,000;
``(C) for fiscal year 2001, $33,000,000;
``(D) for fiscal year 2002, $33,000,000; and
``(E) for fiscal year 2003, $34,000,000; and
``(8) to carry out section 5334--
``(A) for fiscal year 1999, $13,000,000;
``(B) for fiscal year 2000, $14,000,000;
``(C) for fiscal year 2001, $16,000,000;
``(D) for fiscal year 2002, $17,000,000; and
``(E) for fiscal year 2003, $18,000,000.
``(i) Availability of Amounts.--Amounts made available by or
appropriated under subsections (a) through (e), and paragraphs (1)
through (7) of subsection (h), shall remain available until expended.''.
(b) Conforming Amendments.--Chapter 53 is amended as follows:
(1) In sections 5303(h)(1), 5303(h)(2)(A), and
5303(h)(3)(A), by striking ``section 5338(g)(1)'' each place it
appears and inserting ``subsection (c) or (h)(1) of section
5338''.
(2) In section 5303(h)(1) by striking ``-5306'' and
inserting ``and 5305''.
(3) In section 5303(h)(4) by striking ``section 5338(g)''
and inserting ``subsection (c) or (h)(1) of section 5338''.
(4) In section 5313(a)(1) by striking ``Fifty percent of the
amounts made available under section 5338(g)(3)'' and inserting
``The amounts made available under paragraphs (1) and (2)(C)(ii)
of section 5338(d)''.
(5) In section 5313(b)(1) by striking ``Fifty percent of the
amounts made available under section 5338(g)(3)'' and inserting
``The amounts made available under paragraphs (1) and (2)(C)(ii)
of section 5338(c)''.
(6) In section 5314(a)(1) by striking ``section 5338(g)(4)''
and inserting ``subsections (d) and (h)(7) of section 5338''.
(7) In section 5317(e)(5)(C) by striking ``5338(e)(2)'' and
inserting ``5338(e)''.
(8) In section 5318(d) by striking ``5338(j)(5)'' and
inserting ``5309(m)(1)(C)''.
(9) In section 5333(b) by striking ``5338(j)(5)'' each place
it appears and inserting ``5338(b)''.
(10) In section 5336(a) by striking ``5338(f)'' and
inserting ``5338(a)''.
(11) In section 5336(e)(1) by striking ``section 5338(f)''
and inserting ``subsections (a) and (h)(2) of section 5338''.
(12) In section 5337(e)(1) by striking ``section 5338(f)''
and inserting ``subsections (b) and (h)(4) of section 5338''.
SEC. 3030. PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTENSIONS TO
EXISTING SYSTEMS.
(a) Final Design and Construction.--The following projects are
authorized for final design and construction for fiscal years 1998
through 2003 under section 5309(m)(1)(B) of title 49, United States
Code:
(1) Atlanta--Athens Commuter Rail.
(2) Atlanta--Griffin Commuter Rail.