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TEA-21 - Transportation Equity Act for the 21st Century Moving Americans into the 21st Century |
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[Congressional Record: May 22, 1998 (House)] [Page H3843-H3893] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr22my98-160] [[pp. H3843-H3893]] CONFERENCE REPORT ON H.R. 2400, TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY [[Continued from page H3842]] [[Page H3843]] 1145. New Jersey Improve Old York Road/ Rising Run Road intersection in Burlington............ 4.98 1146. Michigan Construct deceleration lane in front of 4427 Wilder Road, Bay City. 0.015 1147. Pennsylvania Construct I-81 noise abatement program in Dauphin County........ 0.48 1148. Washington Construct Peace Arch Crossing of Entry (PACE) lane in Blaine. 4.9 1149. New York Traffic Mitigation Project on William Street and Losson Road in Cheektowaga........ 3 1150. Arkansas Construct North Belt Freeway............... 5.25 1151. Ohio Improve and widen SR-91 from SR-43 south to county line/city line in Solon.............. 4.25 1152. Texas Upgrade US Rt. 59 between US 281 to I-37 12 1153. Michigan Construct M-24 Corridor from I-69 to southern Lapeer County......... 2 1154. Tennessee Construct greenway and bicycle path corridor, City of White House... 3.2 1155. Massachusetts Rehabilitate Union Station in Springfield 12 1156. Pennsylvania Install citywide signalization (SAMI) project in Lebanon.... 0.75 1157. Washington Widen SR-543 from I-5 to International Boundary, Washington.. 10.2 1158. Hawaii Replace Sand Island bridge................ 0.75 1159. West Virginia Upgrade Route 10 between Logan and Man. 50 1160. Florida Expand Palm Valley Bridge in St. Johns County................ 3.1 1161. Michigan Improve US-31 from Holland to Grand Haven 2.25 1162. Florida Upgrade U.S. 319 between I-10 and the Florida/Georgia State line.................. 3.75 1163. Colorado Improve SH-74/JC-73 interchange, City of Evergreen in Jefferson County, Colorado...... 4.188 1164. Pennsylvania Improve Route 94 Corridor through Hanover to Maryland State Line............ 6 1165. California Undertake San Pedro Bridge project at SR 1, Pacifica........... 1.125 1166. Michigan Upgrade Tittabawasee Road between Mackinaw Road and Midland Road, Saginaw Co............ 3 1167. Illinois Improve IL-159 in Edwardsville.......... 3.20625 1168. Virginia Improve East Eldon Street in Herndon..... 0.375 1169. Texas Construct Cleveland Bypass................ 10.125 1170. Utah Widen SR-36 from I-80 to Mills Junction..... 2.25 1171. New Jersey Eliminate Berlin Circle and signalize intersection in Camden 6 1172. Arkansas Upgrade US Rt. 412, Fulton County line to Missouri State line... 7.5 1173. California Upgrade Del Almo Boulevard at I-405.... 5 1174. Pennsylvania Improve access to McKeesport-Duquesne Bridge................ 2.15 1175. North Carolina Construct US-64/264 in Dare County........... 0.75 1176. California Construct Gene Autry Way/I-5 Access project, Anaheim...... 6.75 1177. Arizona Construct Veterans' Memorial overpass in Pima Co............... 11.25 1178. Virginia Conduct preliminary engineering on I-73 between Roanoke and Virginia/North Carolina State line... 3 1179. Mississippi Upgrade roads, Washington Co......... 3.3075 1180. Tennessee State Highway 109 upgrade planning and engineering, Sumner Co.................... 1.84 1181. Florida Construct John Young Parkway/I-4 interchange........... 6 1182. Illinois Rehabilitate and upgrade 87th Street Station to improve intermodal access..... 1.7715 1183. Ohio Upgrade SR 124 between Five Points and Ravenswood Bridge, Meigs Co.............. 3.75 1184. Colorado Construct Broadway Viaduct, Denver....... 3 1185. New York Construct Bay Shore Road SR-231 to SR-27 in Suffolk County..... 7.53 1186. North Dakota Construct Jamestown bypass................ 3.6 1187. Ohio Upgrade State Route 18 between I-71 and I-77. 1.55 1188. California Construct Overland Drive overcrossing in Temecula.............. 3.75 1189. Ohio Upgrade U.S. Route 422 through Girard........ 4.72 1190. Mississippi Widen MS-45 from Brooksville to US-82 in Mississippi........ 3.375 1191. California Extend Highway 41 in Madera County......... 5.5 1192. Missouri Construction and upgrade of US-71/I-49 in Newton and McDonald County, Missouri...... 24.97725 1193. North Carolina Upgrade US-158 in Warren and Halifax Counties.............. 2.25 1194. Illinois Reconstruct I-74 through Peoria........ 2 1195. Minnesota Construct Shepard Road/ Upper Landing interceptor, St. Paul. 2.25 1196. Texas Construct segment lof a bypass to I-35 known as SH-130. The State of Texas shall consult with all appropriate local officials, representatives of the affected local communities, and provide for public comment prior to determining a final alignment for the project............... 13.5 1197. Washington Redevelop Port of Anacortes waterfront.. 0.05 1198. California Construct I-15 Galinas interchange in Riverside County...... 6.375 1199. New Jersey Replace Kinnaman Avenue bridge over Pohatcong Creek in Warren county 1.2 1200. Michigan Upgrade (all weather) on US 2, US 41, and M 35.................... 1.275 1201. Maine Upgrade Route 11....... 3 1202. Rhode Island Reconstruct Harris Ave., Woonsocket...... 1.5 1203. Oregon Construct bike path between Main Street/ Highway 99 in Cottage Grove to Row River Trail, Cottage Grove.. 0.23 1204. Maine Improve Route 26....... 1.125 1205. New York Rehabilitate Third Avenue Bridge over Harlem River, New York City.................. 1.5 1206. New Hampshire Construct the Keene bypass................ 4.899 1207. New Jersey Construct grade separation of Route 35 and Tinton falls and extend Shrewsbury Avenue in Monmouth.... 3.75 1208. California Reconstruct La Loma Bridge in Pasadena.... 2.25 1209. Indiana Remove and replace Walnut Street in Muncie................ 1.605 1210. Arkansas Construct US-270 East- West Arterial in Hot Springs............... 6.875 1211. Oklahoma Reconstruct and widen I- 40 Crosstown Bridge and Realignment in downtown Oklahoma City, including demolition of the existing bridge, vehicle approach roads, interchanges, intersections, signalization and supporting structures between I-35 and I-44. 72.7875 1212. Texas Widen Meacham Boulevard from I-35W to FM-146 and extend Meacham Boulevard from west of FM-156 to North Main Street................ 2 1213. Minnesota Upgrade CSAH 116 north of CSAH 88 in Ely..... 1.2 1214. Mississippi Upgrade West County Line Road, City of Jackson............... 8.25 1215. California Construct Imperial Highway grade separation and sound walls at Esperanza Road/Orangethorpe Avenue in Yorba Linda, California............ 12.515 1216. Nevada Widen I-15 from California State line to Las Vegas.......... 1.875 1217. Connecticut Improve and realign Route 8 in Winchester. 1.515 1218. Oklahoma Reconstruct US-70 in Marshall and Bryan Counties.............. 0.11 1219. Pennsylvania Construct California University of Pennsylvania intermodal facility... 1 1220. Arkansas Construct turning lanes at US-71/AR-8 intersection in Mena.. 0.1875 1221. Michigan Construct intermodal freight terminal in Wayne Co.............. 18 1222. Pennsylvania Improve PA 17 from PA 274 to PA 850 in Perry County................ 0.75 1223. Indiana Install traffic signalization system in Muncie............. 0.675 1224. Illinois Upgrade US 40 in Martinsville.......... 0.094 1225. Indiana Construct SR-9 bypass in Greenfield......... 2.3625 1226. Kentucky Conduct feasibility study for Northern Kentucky High Priority Corridor (I-74)....... 0.375 1227. Hawaii Construct interchange at junction of proposed North-South road and H-1.......... 1.5 1228. Florida Construct improvements to JFK Boulevard, Eatonville............ 0.75 1229. Mississippi Construct access improvments to various roads, Humphreys Co... 0.75 1230. South Dakota Construct Heartland Expressway Phase I.... 6.505 1231. Illinois Construct Raney Street Overpass in Effingham. 4.4 1232. Texas Road improvements along historic mission trails in San Antonio. 1.875 1233. New York Construct Elmira Arterial from Miller to Cedar.............. 2.25 1234. Ohio Construct a new interchange at County Road 80 and I-77 in Dover with $100,000 to preserve or reconstruct the Tourism Information Center................ 7.1 1235. California Construct Airport Blvd. interchange in Salinas 6 1236. Massachusetts Construct South Weymouth Naval Air Station Connectivity Improvements.......... 14.225 1237. Illinois Construct new entrance to Midway Airport Terminal.............. 6.5 1238. West Virginia Preliminary engineering, design and construction of the Orgas to Chelayn Road, Boone Co........ 2 1239. New Jersey Construct US-22/Chimney Rock Road interchange in Somerset County.... 17.25 1240. Kansas Reconstruct K-7 from Lone Elm Road to Harrison.............. 2.79 1241. Pennsylvania Install traffic signal upgrade in Clearfield Borough in Clearfield County................ 0.375 1242. Missouri Construct Grand Ave. viaduct over Mill Creek Valley in St. Louis................. 1.65 1243. Pennsylvania Construct improvements to North Shore Roadway and access in the city of Pittsburgh......... 11 1244. West Virginia Construct improvements on WV 9 including turning lane and signalization, Berkely Co.................... 0.2 1245. New York Conduct Trans-Hudson Freight Improvement MIS, New York City.... 3 1246. West Virginia Upgrade Route 2 in Cabell Co., including the relocation of Route 2 to provide for a connection to I-64 (Merrick Creek Connector)............ 10 1247. New Hampshire Construct Hindsale Bridge................ 2.536 1248. Washington Reconstruct I-82/SR-24 intersection and add lanes on SR- 24 to Keys Road............. 6.48 1249. Iowa Construct controlled access four-lane highway between Des Moines and Burlington. 9.525 1250. Pennsylvania Construct bicycle and pedestrian facility between Boston Bridge and McKee Point Park, Allegheny Co.......... 0.125 1251. Ohio Upgrade and widen US-24 from I-469 to I-475... 17.25 1252. Texas Upgrade FM517 between Owens and FM 3346, Galveston............. 2.892 1253. Idaho Construct US-95: Sandcreek Alternate Route in Sandpoint.... 13.5 [[Page H3844]] 1254. New Jersey Replace Calhoun Street Bridge in Trenton..... 0.975 1255. California Construct Cabot-Camino Capistrano Bridge project in Southern Orange County......... 1.5 1256. Pennsylvania Construct PA 16 Truck climbing lane in Franklin County....... 1.5 1257. New York Construct Eastern Long Island Scenic Byway in Suffolk County........ 11.25 1258. Texas Construct Loop 197, Galveston............. 3.2175 1259. Illinois Construct Western Springs Pedestrian and Tunnel project, Cook Co.................... 0.925 1260. Georgia Construct the Savannah River Parkway in Bullock, Jenkins, Screven and Effinghaus Counties.............. 7.5 1261. Mississippi Construct connector between US-90 and I-10 in Biloxi............. 6.375 1262. American Samoa Construct drainage system improvements associated with highway construction on Tutilla Island, American Samoa........ 3.75 1263. Maryland Implement city-wide signal control system replacements and improvements in Baltimore............. 13.275 1264. West Virginia Construct I-81 interchange, Martinsburg........... 5.05 1265. Alabama Replace pedestrian bridges at Village Creek and Valley Creek, Birmingham..... 0.075 1266. Virginia Improve Route 123 from Route 1 to Fairfax County line in Prince William County, Virginia.............. 11.25 1267. New Mexico Improve US-70 from I-25 to Organ in New Mexico................ 18.75 1268. Pennsylvania Undertake transportation enhancement activities within the Lehigh Landing Area of the Delaware and Lehigh Canal National Heritage Corridor..... 5.25 1269. New York Implement Melrose Commons geographic information system.... 0.75 1270. Alabama Construct repairs to Pratt Highway Bridge, Birmingham............ 0.45 1271. Texas Construct Spur 10 from SH-36 to US-59........ 3 1272. Nebraska Replace US-81 bridge between Yankton, south Dakota and Cedar County, Nebaska....... 1.125 1273. California Construct Centennial Transportation Corridor.............. 15.75 1274. Minnesota Construct Phalen Blvd. between I-35E and I-94 9.75 1275. California Reconstruct Palos Verdes Drive, Palos Verdes Estates........ 0.3375 1276. Pennsylvania Facilitate coordination of transportation systems at intersection of 46th and Market, and enhance access and related measures to area facilities including purchase of vans for reverse commutes, Philadelphia 3 1277. Indiana Improve Southwest Highway from Bloomington to Evansville............ 27 1278. Pennsylvania Construct an access road in Bedford Springs, Pennsylvania, along Old U.S. 220 to the Springs Project and to construct other facilities to facilitate movement of traffic within the site and construction of a parking facility to be associatied therewith or other projects in the counties of Bedford , Blair, Fulton, Franklin, Mifflin, Fulton and Clearfield, and Huntingdon, as selected by the State of Pennsylvania....... 28.18 1279. Washington Undertake FAST Corridor improvements with the amounts provided as follows: $12,000,000 to construct the North Duwamish Intermodal Project, $3,375,000 for the Port of Tacoma Road project, $2,250,000 for the SW Third St./BSNF project in Auburn, $1,500,000 for the S.277th St./ BNSF project in Auburn/ Kent, $1,500,000 for the S.277th St./UP project in Auburn Kent, $1,500,000 for the S. 180th St. E/ BSNF project in Tukwila, $750,000 for the 8th St. E/BSNF project in Pierce Co., and $1,125,000 for the Shaw Rd. extension Puyallup.............. 24 1280. Ohio Construct interchange at SR 11 and King Graves Rd. in Trumball Co.................... 5.56 1281. Michigan Apply ITS technologies relating to traffic control, Lansing...... 2.775 1282. California Stabilize US-101 at Wilson Creek.......... 0.65 1283. Michigan Construct interchange at Eastman Avenue/US- 10 in Midland......... 8.25 1284. Arkansas Enhance area around the Paris Courthouse in the vicinity of Arkansas Scenic Highway 22 and Arkansas Scenic Highway 309, Paris Arkansas.............. 0.3 1285. Mississippi Upgrade Hampton Lake Road, Tallahatchie Co. 0.66 1286. Illinois Undertake improvements to Campus Transportation System. 0.75 1287. Virginia Construct access road, walking trail and related facilities for the Nicholsville Center, Scott Co...... 0.225 1288. Pennsylvania Improve intersection of U.S., S.R. 3066, and West Allegheny Road, North Fayette Township 3.5 1289. Arkansas Construct Highway 425 from Pine Bluff to the Louisiana State line.. 5.375 1290. Pennsylvania Construct Independence Gateway Transportation Center project, Philadelphia.......... 5.5 1291. Minnesota Upgrade Perpich Memorial from CR-535 to CSAH 111........... 2.1 1292. Texas Construct US Rt. 67 Corridor through San Angelo................ 5.25 1293. Pennsylvania Construct improvements to roadway and parking facility in the vicinity of St. Francis College, Cambria County........ 2 1294. Missouri Construct extension of bike path between Soulard market area and Riverfront bike trail in St. Louis.... 0.6 1295. New York Construct intermodal facility in Yonkers, Westchester Co........ 8.687 1296. Maryland Construct intersection improvements to facilitate access to NSA facility, Anne Arundel Co............ 2.25 1297. Massachusetts Undertake vehicular and pedestrian movement improvments within Central Business District of Foxborough 1.56 1298. Kentucky Construct KY-70 from Cave City to Mammoth Cave.................. 1.5 1299. Virginia Construct Main Street Station in Richmond... 6 1300. New Hampshire Improve 3 Pisquataqua River Bridges on the New Hampshire - Maine border................ 1.65 1301. Pennsylvania Construct Abbey Trails in Abington Township.. 0.45 1302. Hawaii Upgrade Kaumualii Highway............... 8.25 1303. North Carolina Upgrade and improve US- 19 from Maggie Valley to Cherokee........... 15 1304. Maine Replace Ridlonville Bridge across Androscoggin River.... 1.125 1305. Mississippi Upgrade and widen US-49 in Rankin, Simpson, and Covington Counties 0.6875 1306. Texas Upgrade SH 30, Huntsville............ 1.875 1307. California Reconstruct the I-710/ Firestone Blvd. interchange........... 12 1308. Pennsylvania Widen US 30 from Walker Rd to Fayetteville in Franklin County....... 1.5 1309. Virginia Construct Southeastern Parkway and Greenbelt in Virginia Beach..... 3 1310. Illinois Replace State Route 47 Bridge in Morris...... 14.25 1311. Texas Upgrade Highway 271 between Paris and Pattonville........... 1.5 1312. Minnesota Improve roads, Edge of Wilderness, Grand Rapids to Effie....... 4.5 1313. Arizona Reconstruct I-19, East Side Frontage Road, Ruby Road to Rio Rico Drive, Nogales........ 7.5 1314. North Carolina Construct I-85 Greensboro Bypass in Greensboro, North Carolina.............. 22.125 1315. New York Improve access to I-84/ Dutchess intermodal facility in Dutchess County................ 2.21 1316. Illinois Construct I-88 interchange at Peace Road in Dekalb........ 1.5 1317. North Dakota Upgrade US Rt. 52, Kenmare to Donnybrook. 2.1 1318. South Carolina Construct improvements to I-95/SC 38 interchange........... 6.75 1319. Arkansas Construct Highway 15 from Connector Road to Railroad Overpass in Pine Bluff............ 0.875 1320. New York Reconstruct 79th Street Traffic Circle, New York City............. 7 1321. California Extend State Route 52 in San Diego.......... 2.25 1322. California Construct Sacramento Intermodal Station.... 3 1323. Illinois Construct Central Ave.- Narragansett Ave. connector, Chicago.... 3.7 1324. Pennsylvania Construct Walnut Street pedestrian bridge in Dauphin County........ 0.75 1325. Indiana Conduct rail-highway feasibility project study in Muncie....... 0.075 1326. Georgia Upgrade US Rt. 27...... 7.5 1327. Michigan Improve Hoban Road and Grand Avenue, City of Mackinac Island....... 0.84 1328. Washington Construct Cross Base Corridor, Fort Lewis- McChord AFB........... 0.375 1329. Illinois Construct bicycle/ pedestrian trail parallel to light rail transit system in St. Clair co.............. 5.5 1330. Pennsylvania Improve Bedford County Business Park Rd in Bedford County........ 1.5 1331. Louisiana Construct Port of St. Bernard Intermodal facility.............. 1.575 1332. New York Construct bridge deck over the Metro North right-of-way along Park Ave. between E. 188th and 189th Streets............... 0.75 1333. Ohio Conduct feasibility study for the construction of Muskingum County South 93-22-40 connector.... 0.5 1334. South Carolina Upgrade US Highway 301 within Bamberg........ 3.2 1335. Virginia Construct road improvements, trailhead and related facilities for Birch Knob Trail on Cumberland Mountain... 0.25 1336. Kansas Widen US-169 in Miami County................ 12.15 1337. Texas Construct extension of Bay Area Blvd......... 0.75 1338. New Jersey Construct highway connector between Interstate Route 1&9 (Tonelle Ave.) and the New Jersey Turnpike at Secaucus Intermodal Transfer Rail Station and the Trans Hudson Corridor at the Bergen Arches arterial roadway............... 5.5 1339. California Modify HOV lanes, Marin Co.................... 5.25 1340. California Widen US-101 from Petaluma Bridge to Novato................ 8.75 1341. Arkansas Construct US 63 interchange with Washington Ave. and Highway 63B........... 1.5 1342. Louisiana Kerner's Ferry Bridge Replacement project... 0.75 1343. Pennsylvania Reconstruct I-95/Street Road interchange in Bucks County.......... 1.3275 1344. New York Upgrade Frederick Douglas Circle, New York City............. 9 1345. Pennsylvania Improve PA 453 from Water Street to Tyrone in Huntingdon County.. 0.75 1346. Oregon Acquire and rennovate facility to serve as multimodal transportation center, Eugene................ 2 1347. Alabama Construct improvements to Ensley Avenue between 20th St. and Warrior Rd., Birmingham............ 0.75 1348. Alaska Extend West Douglas Road.................. 2.475 1349. Pennsylvania Construction of noise barriers along State Route 28, Aspinwall... 0.8 1350. Mississippi Replace Greenville River Bridge in Washington County..... 1.0 1351. Illinois Reconstruct Claire Blvd., Robbins........ 0.2475 1352. New Jersey Reconstruct South Pembrton Road from Route 206 to Hanover Street................ 6 1353. Kentucky Reconstruct US-231: $5,625,000 for the segment between Dry Ridge Road and US-231 and US-31; $3,000,000 for the segment between Allen-Warren County line and Dry Ridge Road............ 8.625 [[Page H3845]] 1354. Indiana Undertake safety and mobility improvements involving street and street crossings and Conrail line, Elkhart. 1.5 1355. New York Construct sound barriers on east side of Clearview Expressway between 15th Road and Willets Point Blvd............ 0.3 1356. Tennessee Construct Franklin Road interchange and bypass 2 1357. New Jersey Construct, reconstruct and integrate multi- transportation modes -- international airport and seaport, rail, national highway system and brownfields -- to establish an international intermodal transportation center and corridor between and within the cities of Bayonne, Elizabeth and Newark, New Jersey 2 1358. Louisiana Construct I-49 interchange at Caddo Port Road in Shreveport............ 4.2 1359. Oklahoma Conduct study of Highway 3 in McCurtain, Pushmataha and Atoka Counties.... 0.16 1360. North Carolina Construct US-117, the Elizabeth City Bypass in Pasquotank County.. 2.625 1361. North Carolina Upgrade US 13 (including Ahoskie bypass) in Bertie and Hertford Counties..... 0.75 1362. California Extend Route 46 expressway in San Luis Obispo Co............. 6 1363. Illinois Construct improvements to New Era Road, Carbondale............ 2.625 1364. New York Construct congestion mitigation project for Riverhead............. 1.875 1365. California Upgrade Riverside Avenue/I-10 interchange, Rialto... 0.69375 1366. California Construct I-10 Tippecanoe/Anderson interchange project in Loma Linda and San Bernardino County, California............ 1.5 1367. Colorado Construct C-470/I-70 ramps in Jefferson Co. 4.187 1368. Washington Conduct feasibility study of State Route 35 Hood River bridge in White Salmon....... 0.75 1369. Tennessee Construct Landport regional transportation hub, Nashville............. 8 1370. Pennsylvania Upgrade roadway in the Princeton/Cottman I-95 interchange and related improvements, Philadelphia.......... 15.15 1371. Washington Construct Sequim/ Dungeness Valley trail project............... 0.75 1372. Maryland Construct phase 1A of the I-70/I-270/US-340 interchange in Frederick County...... 11.25 1373. American Samoa Upgrade village roads on Tutuila/Manua Island, American Samoa 8.25 1374. Virginia Improve Lee Highway Corridor in Fairfax, Virginia.............. 1.35 1375. Michigan Preliminary engineering and right-of-way acquisition for "Intertown South" route of US 31 bypass, Emmet County.......... 1.125 1376. Missouri Construction of airport ground transportation terminal for the Springfield/Branson Airport intermodal facility in Springfield, Missouri. 3.75 1377. Ohio Upgrade SR 7 (Eastern Ave.) to improve traffic flow into Gallipolis, Gallia Co. 1.5 1378. Michigan Construct US-27 between St. Johns and Ithaca.. 6.375 1379. Washington Construct SR 167 Corridor, Tacoma...... 1.125 1380. Washington Widen US-395 in the vicinity of mile post 170 north of Spokane.. 5.5 1381. Iowa Construct overpass to eliminate railroad crossing in Burlington 3.475 1382. Missouri Improve safety and traffic flow on Rt. 13 through Clinton....... 6 1383. Florida Construct Alden Road Improvement Project in Orange County......... 0.525 1384. Dist. of Col. Implement traffic signalization, freeway management and motor vehicle information systems, Washington, D.C................... 6 1385. Wisconsin Construct freeway conversion project on Highway 41 between Kaukauna and Brown County Highway F...... 16 1386. Illinois Construct crossings over Fox River in Kane County................ 9.375 1387. Mississippi Construct US-84 from Eddiceton to Auburn Road.................. 0.6875 1388. Illinois Construct US-67 in Madison and Jersey Counties.............. 5.1 1389. South Carolina Construct Calhoun/ Clarendon Causeway.... 6.5 1390. Florida Construct safety improvements and beautification along U.S. 92, Daytona Beach 2.25 1391. Pennsylvania Realign PA29 in the Borough of Collegeville, Montgomery County, Pennsylvania.......... 0.495 1392. Pennsylvania Construct Towamencin Township multimodal center................ 2.61 1393. Maryland Construct improvements to Route 50 interchange with Columbia Pike, Prince Georges Co............ 2.4 1394. Illinois Construct bypass of historic stone bridge, Maeystown............. 0.615 1395. Pennsylvania Construct Johnstown- Cambria County Airport Relocation Road....... 0.75 1396. Pennsylvania Reconstruct the I-81 Davis Street interchange in Lackawanna............ 6 1397. Connecticut Realign Route 4 intersection in Farmington............ 2.1 1398. Pennsylvania Construct Wexford I-79/ SR 910 Interchange, Allegheny Co.......... 0.825 1399. Pennsylvania Extend Martin Luther King Busway, Alleghany Co.................... 1.65 1400. Massachusetts Construct Arlington to Boston Bike Path...... 0.75 1401. New Jersey Construct Collingswood Circle eliminator, Camen................. 6 1402. Ohio Construct grade separations at Fitch Road in Olmsted Falls. 3.75 1403. Wisconsin Construct Eau Claire Bypass project........ 6 1404. Minnesota Reconstruct SE Main Ave. and related improvements, completing 34th Street Corridor project, Moorhead.............. 3 1405. New York Construct Olana Visitor Center in Olana....... 1 1406. Massachusetts Improve safety and traffic operations on Main and Green Streets, Mellrose..... 1.95 1407. New York Reconstruct Jackson Avenue in New Windsor, Orange County......... 1.963 1408. New York Construct congestion mitigation project for Smithtown............. 0.75 1409. New York Reconstruct County Route 24 in Franklin County................ 1.85475 1410. North Carolina Construct US-311(I-74) from NC-68 to US-29A- 70A................... 22.875 1411. California Design and initiation of long term improvements along Highway 199 in Del Norte County, California............ 0.275 1412. Alabama Complete I-59 interchange in Dekalb County................ 3.6 1413. New York Improve Hiawatha Boulevard and Harrison Street corridors in Syracuse.............. 1.6875 1414. New Jersey Construct Route 17 bridge over the Susquehanna and Western Rail line in Rochelle Park......... 1.125 1415. Illinois Undertake streetscaping between Damden and Halsted............... 0.8625 1416. Illinois Construct transportation improvements to Industrial Viaduct, Chicago............... 1.125 1417. Ohio Construct access and related improvements to Downtown Riverfront Area, Dayton.......... 3.675 1418. Oregon Purchase and install emitters and receiving equipment to facilitate movement of emergency and transit vehicles at key arterial intersections, Portland.............. 4.5 1419. Tennessee Reconstruct road and causeway in Shiloh Military Park in Hardin County......... 11.25 1420. Arkansas Conduct planning for highway 278 and rail for the Warren/ Monticello Arkansas Intermodal Complex.... 0.875 1421. Oregon Construct regional multimodal transportation center in Albany............. 10 1422. Texas Construct two-lane parallel bridge, State Highway 146, FM 517 to vicinity of Dickinson Bayou................. 3.6375 1423. Connecticut Relocate and realign Route 72 in Bristol... 4.0575 1424. Massachusetts Construct Minuteman Commuter Bikeway- Charles River Bikeway connector, Cambridge and Watertown......... 0.5625 1425. Michigan Replace Chevrolet Ave. bridge in Genesee Co.. 1.8 1426. Virginia Construct trailhead and related facilities and restore old Whitetop Train Station at terminus of Virginia Creeper Trail adjacent to Mount Rogers National Recreation Area.................. 0.3 1427. New York Construct Mineola and Hicksville Intermodal Centers in Nassau Co.. 12 1428. Indiana Lafayette Railroad relocation project in Lafayette, Indiana.... 22.05 1429. Michigan Construct Jackson Road project (demonstrating performance of paper and plastic reinforced concrete), Scio Township.............. 3.45 1430. Wyoming Widen and improve Cody - Yellowstone Highway from the entrance to Yellowstone National Park to Cody.......... 5 1431. Texas Widen State Highway 6 from from Senior Road to FM521.............. 9.075 1432. Massachusetts Design, engineer and right-of-way aquisition of the Great River Bridge, Westfield............. 1.5 1433. Washington Design and implement report and environmental study of the I-5 corridor in Everett, Washington... 1 1434. North Carolina Make improvements to I- 95/SR-1162 interchange in Johnston Co........ 2.4 1435. New York Reconstruct Stoneleigh Avenue in Putnam County................ 2.89 1436. Pennsylvania Construct transportation improvements around the interchange of Interstate 81 and S.R. 0944, Hampden Township 2 1437. Wisconsin Upgrade Highway 151 between Platteville and Dubuque........... 6 1438. New York Improve Bedford- Banksville Road from Millbrook to Connecticut State line 1.44 1439. California Construct interchange between I-15 and SR-18 in Victorville/Apple Valley, California.... 6 1440. Connecticut Construct overlook and access to Niantic Bay. 2.31 1441. Arizona Design, engineering and ROW acquisition for Area Service Highway, Yuma.................. 0.75 1442. Connecticut Reconstruct cross road over I-95, Waterford.. 1.5 1443. Illinois Upgrade industrial park road in Village of Sauget................ 3.375 1444. California Construct I-680 HOV lanes between Marina Vista toll plaza to North Main Street, Martinez to Walnut Creek................. 5.25 1445. Iowa Improve US 65/IA 5 interchange, Warren Co.................... 5 1446. Pennsylvania Replace Masontown bridge, Fayette and Greene Counties....... 5 1447. Indiana Extend SR 149 between SR 130 to US Rt. 30, Valparaiso............ 3 1448. Pennsylvania Construct PA-309 Sumneytown Pike Connector............. 3.96 1449. California Improve Route 99/Route 120 interchange in Manteca County........ 6 1450. Alaska Construct a bridge joining the Island of Gravina to the Community of Ketchikan on Revilla Island..... 15 1451. Nebraska Conduct corridor study of NE-35 alternative and modified route in Norfolk, Wayne and Dakota City........... 0.75 1452. Michigan Upgrade Lalie St., Frenchtown Rd., and Penshee Rd., Ironwood. 0.27 1453. California Conduct planning, preliminary engineering and design for Etiwanda Ave./I-10 interchange, San Bernardino Co......... 1.5 1454. California Construct Arbor Vitae Street improvements, Inglewood............. 2.625 1455. Minnesota Restore MN Transportation facility, Jackson Street Roundhouse, St. Paul.................. 0.75 1456. Rhode Island Upgrade pedestrian traffic facilities, Bristol............... 0.075 1457. California Install SiliconValley Smart Corridor project along the I-880 corridor.............. 2.145 1458. South Carolina Construct I-26/US-1 connector in Columbia. 9 1459. New York Construct Poughkeepsie Intermodal Facility in Poughkeepsie.......... 3.75 1460. Oregon Restore transportation connection between Wauna, Astoria and Port of Astoria....... 0.525 [[Page H3846]] 1461. New York Conduct feasibility study of new International bridges on the NY/Canada border................ 0.375 1462. Tennessee Extend Pellissippi Parkway from State Route 33 to State Route 321 in Blount County................ 8.85 1463. Ohio Upgrade 2 warning devices on the rail north/south line from Columbus to Toledo.... 0.15 1464. California Upgrade South Higuera Street, San Luis Obispo................ 0.675 1465. Alabama Upgrade County Road 39 between Highway 84 and Silver Creek Park, Clarke Co............. 0.75 1466. North Carolina Relocate US 1from north of Lakeview to SR 1180, Moore and Lee Counties.............. 5.475 1467. Texas Construct extension of West Austin Street (FM 2609) between Old Tyler Road and Loop 224, Nacogdoches...... 1.35 1468. Michigan Reconstruct I-94 between Michigan Route 14 and US-23.......... 9 1469. Connecticut Reconstruct I-84, Hartford.............. 7.1025 1470. Ohio Undertake improvements to Valley Street, Dayton................ 0.675 1471. New Jersey Upgrade Urban University Heights Connector, Newark..... 7.275 1472. Ohio Widen to 5 lanes existing SR 43/Sunset Boulevard in Steubenville, Jefferson County...... 0.6 1473. New York Improve and reconstruct Stony Street in York Town.................. 0.35 1474. Ohio Construct grade separation at Dille Road in Euclid........ 3.75 1475. Washington Safety improvements to State Route 14 in Columbia River Gorge National Scenic Area.. 3.15 1476. Indiana Upgrade County roads in LaPorte County........ 6 1477. California Implement ITS technologies in Employment Center area of City of El Segundo. 2.6625 1478. Minnesota Construct pedestrian overpass on Highway 169, Mille Lacs Reservation........... 0.45 1479. Texas Complete State Highway 35 in Aransas County.. 5.42 1480. washington Construct overcrossing at 38th Street in Everett, WA., and construct the Riverside Industrial Access Road as identified in the FAST Corridor plan......... 5.893 1481. Illinois Construct improvements to McKinley Bridge over Mississippi River with terminus points in Venice, Illinois, and St. Louis, Missouri.............. 3.9 1482. Connecticut Upgrade bridge over Naugatuck River, Ansonia............... 0.3375 1483. Louisiana Widen Lapalco Boulevard from Barataria Boulevard to Destrehan Avenue in Jefferson Parish, Louisiana..... 3 1484. California Construct Tulare County roads in Tulare County 6.75 1485. Washington Extend Mill Plain Boulevard in Vancouver 3 1486. Missouri Construct an intermodal center at Missouri Botanical Garden...... 0.9 1487. Ohio Reimburse costs associated with multimodal transportation improvements, Dayton.. 2.0625 1488. West Virginia Upgrade US 340 between West Virginia/Virginia State line and the Charles Town Bypass... 2 1489. Ohio Add lanes and improve intersections on Route 20 in Lake County, Ohio.................. 2 1490. Pennsylvania Rehabilitate Kenmawr Bridge, Swissvale..... 0.45 1491. Rhode Island Construct Blackstone River Bikeway......... 2.59125 1492. Alaska Construct Gravina Island Bridge in Ketchikan............. 5.443 1493. Alaska Construct N.W. Alaska Road/Rail access...... 2.5 1494. Alaska Construct North Denali access route.......... 1.5 1495. Alaska Construct capital improvements to marine transportation facilities for Prince of Wales Island....... 0.75 1496. Alaska Improve marine dry dock and facilities in Ketchikan............. 0.75 1497. Alaska Construct New Access Route to Ship Creek Access in Anchorage... 11.943 1498. Alabama Construct bridge over Tennessee River connecting Muscle Shoals and Florence... 1 1499. Alabama Engineering, right-of- way acquisition and construction of Huntsville Southern Bypass................ 1 1500. Alabama Construction of Eastern Black Warrior River Bridge................ 7.75 1501. Alabama Construct East Foley Corridor Project from Baldwin County Highway 20 to State Highway 59 in Alabama............ 1 1502. Alabama Engineering, right-of- way, acquisition and construction of Birmingham Northern Beltline in Jefferson County................ 8.917 1503. Alabama Extend I-759 in Etowah County................ 1.167 1504. Alabama Construct Decatur Southern Bypass....... 1 1505. Alabama Construct Anniston Eastern Bypass from I- 20 to Fort McClellan in Calhoun County..... 2 1506. Alabama Construct Montgomery outer loop from US 80 to I-85 via I-65...... 11.8 1507. Alabama Develop U.S. 231/I-10 Freeway Connector from Alabama border to Dothan................ 2 1508. Alabama Replace bridge over Tombigbee River, Naheola............... 3 1509. Arkansas Development of Little Rock Port Authority... 2 1510. Arkansas Development of Little Rock River Rail Project............... 2 1511. Arkansas Improvements to I-30 From Benton to Geyer Springs Exit in Little Rock.................. 2 1512. Arkansas Upgrade 2 bypasses (Washington Ave. Interchange and Highway 63B Interchange) on U.S. 63 in Jonesboro....... 5 1513. Arkansas Construct bypass at Ashdown............... 1.25 1514. Arkansas Devlopment of U.S. 71 from Fort Chaffee to Texarkana............. 7 1515. Arkansas Development of Interchange at Intersection of I-40 and Airport Road in West Memphis.......... 6 1516. Arkansas Improve U.S. Highway 412 From Harrison to Mountain Home......... 3.8875 1517. Arkansas Complete Courthouse Improvement Enhancements Project in Paris.............. 0.1 1518. Arkansas Further study and development of Russellville Intermodal Complex in Russellville.......... 0.25 1519. Arkansas Construct turning lanes at the Intersection of U.S. Highway 71 and Arkansas State Highway 8 in Mena............. 0.0625 1520. Arkansas Transportation Enhancements in the Vicinity of Dickson St., Fayetteville..... 0.375 1521. Arkansas Improve Arkansas State Highway 12 From U.S. 71 at Rainbow Curve to the Northwest Arkansas Regional Airport...... 0.125 1522. Arkansas Construct intermodal connector access road to the Northwest Ark. Regional Airport...... 4 1523. Arkansas Continue development of West Phoenix Ave, Ft. Smith................. 2 1524. Arkansas Improvements to 28th Street, Van Buren..... 0.25 1525. Arkansas Conduct feasibility studies for Van Buren Intermodal Port....... 0.075 1526. Arkansas Upgrade Arkansas State Highway 59 from Rena Road to Old Uniontown Road in Van Buren..... 0.65 1527. Arkansas Construct improvements to U.S. Highway 71 to I-40 through Fort Chaffee and Fort Smith 1.25 1528. California Construct I-80 reliever route system, Solano Cty................... 12.1 1529. California Replace Maxwell Bridge, Napa Cty.............. 8.7 1530. California Construct March Inland Port ground access project, Riverside Cty 7.2 1531. California Construct Sta Monica Transit Pkwy.......... 17 1532. California Construct state Rte 905 between I-805 and Otay Mesa border crossing.. 38.5 1533. California Construct hwy grade separation/other improvements for "Gateway for America" project in San Gabriel Valley................ 100 1534. Colorado State Priority Projects 23.401 1535. Connecticut Reconstruction of railroad electrical catenary serving commuter lines between New Haven and Stanford 23.433 1536. Connecticut Pedestrian/disabled access improvements at Mark Twain House Historic Site......... 0.5 1537. Connecticut Reconstruct and expand access road and related riverwalk improvements at/ adjacent to Riverside Park, Hartford........ 2 1538. Connecticut Develop Winsted and Winchester rail trail, linkage to existing trails in neighboring towns................. 1.5 1539. Connecticut Develop Quinipiac River linear trail in Wallingford and Meriden............... 1.5 1540. Connecticut Extend Farmington Canal Rail Trail in Hamden and New Haven......... 1.5 1541. Florida State Priority Projects 92.096 1542. Georgia Upgrade Lithonia Industrial Blvd, DeKalb Cty............ 0.35 1543. Georgia Widen US 84 South from US 82 to Ware Cte in Waycross and Ware Ctes 1.6 1544. Georgia Construct Rome to Memphis hwy in Floyd and Bartow Ctes....... 2 1545. Georgia Construct Athens to Atlanta transportation corridor.............. 8 1546. Georgia Conduct a study of Interstate multimodal transportation corridor from Atlanta to Chattanooga........ 2.5 1547. Georgia Conduct study of multimodal transportation corridor along GA 400. 25 1548. Georgia Construct Savannah River Pkwy in Bulloch, Jenkins Screven, and Effingham Counties.... 5 1549. Georgia Conduct study of interstate multimodal transportation corridor from Atlanta to Chattanooga........ 5 1550. Georgia Undertake major arterial enhancement in DeKalb Cty: Candler Rd, Memorial Dr, and Buford Hwy............ 6.66 1551. Georgia Construct Harry S. Truman Pkwy........... 3.55 1552. Georgia Construct multimodal passenger terminal, Atlanta............... 8.1 1553. Georgia Construct Rome to Memphis hwy in Floyd and Bartow Ctes....... 4.112 1554. Georgia Construct Fall Line Freeway from Bibb to Richmond Ctes......... 9.5 1555. Georgia Construct Fall Line Freeway from Bibb to Richmond Ctes......... 23 1556. Iowa Design, right-of-way and construction of a bridge over railroad tracks on airport access road in Sioux City.................. 1.5 1557. Iowa Construction of a 4- lane expressway between DesMoines and Marshalltown.......... 2.75 1558. Iowa Design, right-of-way and construction of the Avenue G viaduct and related roadway in Council Bluffs........ 7 1559. Iowa Design and construction of native roadside vegetation enhancement center at U.N.I. in Cedar Falls........... 0.76 1560. Iowa Construct the D116 Dubuque Bridge over the MI River at Dubuque............... 7 1561. Iowa Design, right-of-way and construction of segments of Martin Luther King Jr. Parkway in DesMoines from Center ST. to Fleur Dr.............. 12 1562. Idaho Reconstruct 184/I-84 interchange (mileposts 0.0--0.6)............. 19 1563. Idaho Rehabilitate US 20 Ashton/Ashton Hill Bridge and Intersection Project (mileposts 363.3-- 363.5)................ 3.75 1564. Idaho Construct Cheyenne Street Railroad Overpass, Pocatello... 5.5 1565. Idaho Stage 1, US 93 Twin Falls Alternate Rte from junction of US 93/ Hwy 30 north (mileposts 45--48).... 13 1566. Idaho Safety improvements on US 95 from Genesee to Moscow (mileposts 331-- 345).................. 16 1567. Idaho Safety improvements/ bridge replacement on US-95 at Mann's Creek Curves (mileposts 91.2- -94.8)................ 7 1568. Idaho Alignment/bridge replacement State Hwy 55 between Smith's Ferry and Round Valley (mileposts 94.9-- 101.0)................ 18 1569. Illinois Improve Campus Transportation System, Chicago............... 2 1570. Illinois Construct US 67 in Madison and Jersey Ctes.................. 6.798 1571. Illinois Construct confluence bikeway in Madison Cty 1 [[Page H3847]] 1572. Illinois Extend Veterans Mem Drive and construct overpass at I-57 in Mt Vernon................ 3 1573. Illinois Construct 34 from Burlington IA to Monmouth IL........... 5 1574. Illinois Reconstruct Wacker Dr in Chicago............ 25 1575. Illinois Reconstruct Stevenson Expwy, Chicago........ 25 1576. Indiana State Priority Projects 47.046 1577. Kansas State Priority Projects 23.488 1578. Kentucky Widen US 27 from Norwood to Eubank..... 5.83 1579. Kentucky Reconstruct KY210 from Hodgenville to Morning Star Rd in LaRue Cty.. 2 1580. Kentucky Conduct feasibility study for No. KY high- priority corridor (I- 74)................... 0.125 1581. Kentucky Construct necessary connections for the Taylor Southgate Bridge in Newport and the Clay Wade Bridge in Covington.......... 2.3 1582. Kentucky Construction on US 127: Albany Bypass to KY90, Albany Bypass from KY696 to Clinton Cty H.S., and from KY696 to TN state line...... 2.81 1583. Kentucky Construct highway rail grade separations along the City Lead in Paducah............... 0.25 1584. Kentucky Reconstruction of the Louisville Trolley Barn.................. 1.5 1585. Kentucky Completion of the Ownsboro Corridor and related State Highway projects.............. 15.817 1586. Kentucky Extend Hurstbourne Pkwy from Bardstown Rd to Fern Valley Rd........ 4 1587. Louisiana Causeway Project....... 0.5 1588. Louisiana I-10 Connector, Port of South Louisiana....... 0.28 1589. Louisiana Florida Expressway Construction, St. Bernard/Orleans Parishes.............. 0.05 1590. Louisiana Kerner Bridge, Jefferson Parish...... 0.25 1591. Louisiana Construction, LA 1..... 2.3 1592. Louisiana Leeville Bridge, LA 1.. 2 1593. Louisiana Louisiana segment, Gulf Coast high speed rail. 1 1594. Louisiana Perkins Road, Baton Rouge................. 1.5 1595. Louisiana East West Corridor/El Camino Real, LA 6 to US 84, Central- Northwest LA.......... 1 1596. Louisiana Nelson Access Road to Port of Lake Charles.. 4.5 1597. Louisiana Tchopitoulas Corridor, New Orleans........... 4.5 1598. Louisiana Rte 3132 to Caddo- Bossier Port, Shreveport............ 4.5 1599. Louisiana Kansas Lane, Monroe.... 4.5 1600. Louisiana New Orleans CBD to New Orleans Int'l Airport, commuter rail......... 5 1601. Massachusetts State Priority Projects 37.365 1602. Maryland Improve hwy signage for C&O Canal NHP in Frederick, Washington, and Allegany Cties.... 0.091 1603. Maryland Construct pedestrian bicycle bridge across Susquehanna River between Havre de Grace and Perryville........ 1.25 1604. Maryland Upgrade US 113 north of US 50 to Jarvis Rd in Worcester Cty......... 7 1605. Maryland Upgrade MD 32 in the vicinity of NSA Anne Arundel Cty........... 6.75 1606. Maryland Construct Phase 1-A of the I-70/I-270/US 340 interchange in Frederick Cty......... 15 1607. Maine Upgrade Rte 11......... 0.15 1608. Maine Construct I-95/ Stillwater Avenue interchange........... 0.15 1609. Maine Reconstruction of the Mack Point Cargo Port. 1.45 1610. Maine Improve Rte 23......... 0.125 1611. Maine Improve Rte 26......... 0.375 1612. Maine Replace Ridlonville Bridge, Rumford....... 0.875 1613. Maine Studies, planning for extension of I-95..... 2 1614. Maine Construct I-295 connector, Portland... 1 1615. Maine Replace Singing Bridge across Taunton Bay.... 1.375 1616. Maine Construct new bridge over Kennebec River (Carlton Bridge replacement).......... 2 1617. Maine Studies, planning, reconstruction of East- West Hwy.............. 1 1618. Michigan State Priority Projects 25.447 1619. Michigan State Priority Projects 31.438 1620. Michigan Reconstruct and rehabilitate, including rail and interstate access improvements for the Detroit Waterfront Dock, Detroit......... 6 1621. Minnesota Reconstruct S.E. Main Ave./I-94 Interchange, Moorhead.............. 1 1622. Minnesota Construct T.H. 212 Construction between I- 494 and Carver County Road 147.............. 1 1623. Minnesota Construct T.H. 610/10 from T.H. 169 in Brooklyn Park to I-94 in Maple Grove........ 2 1624. Minnesota Construct Mankato South Route in Mankato...... 1 1625. Minnesota Reconstruct SE Main Avenue/I-94 Interchange, Moorhead. 2 1626. Minnesota Replace Sauk Rapids Bridge Over Mississippi River, Stearns and Benton Counties.............. 1 1627. Minnesota Replace Sauk Rapids Bridge over Mississippi River, Stearns and Benton Cties................. 1 1628. Minnesota Construct Shepard Rd./ Upper Landing Interceptor, St. Paul. 1 1629. Minnesota Construct Mankato South Route, Mankato........ 1 1630. Minnesota Reconstruct and Replace I-494 Wakota Bridge from South St. Paul to Newport and approaches 3.529 1631. Minnesota Reconstruct/replace I- 494 Wakota Bridge from South St. Paul to Newport, and approaches............ 1 1632. Minnesota Construct Phalen Blvd. between I-35 and I-94. 2.5 1633. Minnesota Construct T.H. 610/10 from T.H. 169 in Brooklyn Park to I-94 in Maple Grove........ 9.029 1634. Minnesota Design and Construct Access to I-35W at Lake St., Minneapolis. 2 1635. Missouri Develop bike/pedestrian paths for Town of Kansas and Riverfront Park in Kansas City... 0.341 1636. Missouri Construct Cuivre River Bridge at Lincoln County................ 3 1637. Missouri Construct Rte 13 MO River Bridge at Lexington............. 3 1638. Missouri Construct Hwy 47 MO River Bridge at Washington............ 3 1639. Missouri Construct Rte 5 Bridge at the Lake of the Ozarks................ 3 1640. Missouri Upgrade Interstate 70 in the State of MO.... 10 1641. Missouri Construct Chouteau Bridge at Kansas City. 6 1642. Missouri Construct Mississippi River Bridge at Hannibal.............. 6 1643. Missouri Construct Bill Emerson Memorial Bridge....... 8 1644. Missouri Construct Missouri River Bridge at Hermann............... 5 1645. Mississippi Replace functionally obsolete drawbridge with new crossing, High Rise Bridge, at Pascagoula............ 38 1646. Montana Conduct environmental review, planning, design, and construction of the Beartooth Highway in Wyoming and Montana... 19.905 1647. North Carolina Construct Raleigh Outer Loop (segment D) between NC 50 and SR 2000.................. 8.44 1648. North Carolina Construct additional lanes on I-77 between I-85 and NC 73........ 48 1649. North Dakota State Priority Projects 13.138 1650. Nebraska Improve Nebraska Highways 8 and 15 in Fairbury.............. 3 1651. Nebraska Construct Riverfront Trails and Bridges Along Missouri River from Dodge Park through Omaha to Bellevue.............. 4.786 1652. New Hampshire Widen I-93 from Salem to Manchester......... 1.175 1653. New Hampshire Construct Manchester Airport Access Road, Manchester............ 1 1654. New Hampshire Conway bypass/Rte 16 mitigation, Conway.... 0.5 1655. New Hampshire Improve Bridge Street bridge, Plymouth...... 1 1656. New Hampshire Advance completion of Rte 101 project from Raymond to Hampton.... 2 1657. New Hampshire Rehabilitate/ reconstruct Bath- Haverhill Bridge, Bath and Haverhill......... 0.65 1658. New Hampshire Construct Manchester Access Rd, Manchester. 3.175 1659. New Hampshire Construct Orford Bridge, Orford........ 0.85 1660. New Jersey Construct bicycle trails and riverside improvements, West Deptford.............. 0.7 1661. New Jersey Construct Del. River tram to link destinations on both sides of Del. River... 8 1662. New Jersey Construct new ramp between NJ 42 and south section of I-295 14 1663. New Jersey Construct roadway network through the Bergen Arches railroad right-of-way, Hudson Cty................... 26.5 1664. New Jersey Relocate/construct Cooper Hospital Med Ctr helipad, Camden... 1.5 1665. Nevada Canamex Corridor Innovative Urban Renovation Project in Henderson............. 1.531 1666. Nevada Widen US 50 between Fallon and Fernley.... 1 1667. Nevada I-580/U.S. 395 Freeway Extension to Carson City.................. 5 1668. Nevada Reconstruction of I-15 Interchange at Sahara Ave. and Rancho Rd. in North Las Vegas....... 5 1669. Nevada Widening of Craig Rd. in North Las Vegas.... 2 1670. Nevada Widen I-15 in San Bernadino County, CA.. 6 1671. New York Reconstruct Springfield Blvd between the LIRR Main Line South to Rockaway Blvd in Queens County......... 1 1672. New York Replace Kennedy-class ferries in Staten Island................ 2 1673. New York Construct Fordham Univ Regional Transportation Facility, Bronx....... 4 1674. New York Construct Hamilton St interchange between Rte 17 and Rte 15 in Erwin................. 4.4 1675. New York Construct intermodal project at Castle Clinton and Battery Pk, NYC............... 6 1676. New York Relocate toll barrier in Williamsville...... 6.1 1677. New York Construct Rte 219 from Springville to Salamanica (Rte 13 to Rte 17)............... 20 1678. New York Design/construct upgraded interchange between I-84 and I-87 nr Stuart Int.'l Airport, Newburg...... 20 1679. New York Renovate/reconstruct James A Farley Post Office, NYC, as new Amtrak Sta............ 40 1680. New York Renovate Hellgate Bridge, NYC........... 15 1681. Ohio Upgrade intersection of US 20 and SR 420, Woodville............. 5 1682. Ohio Improve intersection at SR 327 and US 32, Wellston.............. 3 1683. Ohio Upgrade US 20 in Painesville, Perry, and Madison........... 3 [[Page H3848]] 1684. Ohio Upgrade US 30 and Hill- Diley Road, Lancaster. 4 1685. Ohio Upgrade Caves Road, Geauga County......... 2 1686. Ohio Upgrade SR 2 between Oregon and Camp Perry. 5 1687. Ohio Construct intermodal transit center in Cinncinnati........... 8 1688. Ohio High priority highway and bridge projects... 34.325 1689. Ohio Upgrade intersection of US35 and Fairfield Road.................. 4 1690. Oklahoma Reconstruct/widen I-40 Crosstown Bridge and Realignment, Oklahoma City.................. 30.912 1691. Oregon Relocate Highway 126 through Redmond....... 4 1692. Oregon Widen U.S. 30 from two lanes to four lanes in Pendleton............. 7.8 1693. Oregon Restore funding for Broadway Bridge Project............... 2.5 1694. Oregon Restore funding for I-5/ 217 Kruse Way Project. 1.75 1695. Oregon Restore funding for Astoria Hazard Recovery Railroad Slide................. 0.175 1696. Oregon Restore funding for South Rivergate Overcrossing Project.. 2 1697. Oregon Restore funding for Medford Highway 62/99 Project............... 4 1698. Oregon Restore funding for I- 205 Sunnybrooke Interchange Project... 1.8 1699. Pennsylvania Reconstruction of I-79 from Pa 285 to US 6, Crawford County....... 1 1700. Pennsylvania Relocation of US 15 from US 522 to PA 147 in Snyder, Union, and Northumberland Counties.............. 1 1701. Pennsylvania Reconstruct I-81/Davis Street Interchange, Lackawanna County..... 1 1702. Pennsylvania Construct American Parkway Bridge project, Allentown.... 1 1703. Pennsylvania Construct Williams- Lycoming Cty Airport access road from I-80 to the Airport........ 1 1704. Pennsylvania Rehabilitate Streets Run Road for emergency access................ 0.5 1705. Pennsylvania Construct pedestrian bridge, Vine Street Expressway between 15th and 16th Streets. 1 1706. Pennsylvania North Shore roadway and pedestrian improvements, Pittsburgh............ 2.505 1707. Pennsylvania Widening and reconstruction of US 30, Lancaster County.. 2.5 1708. Pennsylvania Construction of Erie Bayside Connector, Erie County........... 2 1709. Pennsylvania Construct Independence Gateway Transportation Ctr project, Philadelphia.......... 1 1710. Pennsylvania Road construction in and around former Bethlehem Steel plant site.................. 3 1711. Pennsylvania Roadway and pedestrian improvements for North Shore Central Business District Corridor Transportation Project, Pittsburgh... 2.5 1712. Pennsylvania Construction at Williamsport Airport, Lycoming County....... 2 1713. Pennsylvania Construct US 322 Conchester Hwy between US 1 and SR 452....... 3 1714. Pennsylvania Construct I-95 access ramps at and around Philadelphia Int'l Airport............... 5 1715. Pennsylvania Reconstruct SR 309 in Eastern Montgomery County................ 2 1716. Pennsylvania Lancaster County airport runway extension............. 1 1717. Pennsylvania Construct safety and capacity improvements to Rte 309 and Old Packhouse Road, including widening of Old Packhouse Road between KidsPeace National Hospital and Rte 309, Lehigh County 1 1718. Pennsylvania Construct grade separated interchange on Old Rte 60 at Pgh. Airport, Allegheny County................ 1 1719. Pennsylvania Improvements to SR 412 from I-78 to Bethlehem Steel site and road improvements for rail intermodal facility, Bethlehem............. 2 1720. Pennsylvania Construct new interchange at Settler's Cabin, Allegheny County...... 1 1721. Pennsylvania Improve access and interchange from I-95 to int'l terminal at Philadelphia Int'l Airport............... 5 1722. Pennsylvania Relocate Rte 15 at Selinsgrove and Shamokin Dam, Snyder County................ 1 1723. Pennsylvania Construct access to site of former Philadelphia Naval Shipyard and Base..... 2 1724. Pennsylvania Reconstruct I-80, Mercer and Venango Counties.............. 1 1725. Pennsylvania Construct Erie Eastside Connector............. 3 1726. Pennsylvania Reconstruct main line I- 179................... 1 1727. Pennsylvania Upgrade US 219 between Meyersdale and Somerset.............. 5 1728. Pennsylvania Relocate Rte 222 in/ around Trexlertown, Lehigh County......... 3 1729. Pennsylvania Widen Broad Street and related improvements, Hazelton.............. 2 1730. Pennsylvania Construct Cranberry Connector, I-79/Rte 19/ PA Turnpike, Butler County................ 2 1731. Pennsylvania Construct Warren Street Extension, Reading.... 3 1732. Pennsylvania Construct new lane on Rte 15, Tioga County.. 5 1733. Pennsylvania Construct Mon Fayette Expressway between WV and Fairchance........ 5 1734. Pennsylvania Reconstruct Ft. Pitt Bridge and Tunnel, Pittsburgh............ 19 1735. Pennsylvania Construct new interchange at I-95 and PA Turnpike and related improvements.. 5 1736. Rhode Island Construct Blackstone River bikeway......... 8.843 1737. Rhode Island Construct Woonasquatucket bikeway............... 3.1 1738. South Carolina Replace Cooper River Bridges, Charleston... 19.311 1739. South Dakota Construct Eastern Dakota Expressway between Aberdeen at I- 29.................... 12.832 1740. South Dakota Preserve Skyline Drive Scenic Ridgetop in Rapid City............ 0.5 1741. South Dakota Construct new interchange and access road on Interstate 90 at Box Elder.......... 1 1742. Tennessee Reconstruction of Old Walland Hwy Bridge over Little River, Townsend.............. 0.42 1743. Tennessee Construct pedestrian & bicycle pathway to connect with Miss. River Trail & restore historic cobblestones on the Riverfront, Memphis............... 0.7 1744. Tennessee High priority highway and bridge projects... 44.048 1745. Utah Construct Phase 2 of the Univ Ave Interchange, Provo.... 1.5 1746. Utah Engineer/reconstruct at Brown's Park Rd, Daggett Cty........... 0.85 1747. Utah Construct Cache Valley Hwy in Logan.......... 1 1748. Utah Gateway Redevelopment Area road reconstruction, Salt Lake City............. 1 1749. Utah Widen/improve 123rd/ 126th South from 700 East to Jordan River, Draper................ 0.5 1750. Utah Construct Cache Valley Hwy in Logan.......... 2 1751. Utah Widen/improve 123rd/ 126th South from Jordan River to Bangerter Hwy in Riverton.............. 0.5 1752. Utah Construct underpass at 100 South, in Sandy... 1 1753. Utah Extend Main St from 5600 South to Vine St, Murray................ 2 1754. Utah Construct Phase 2 of the Univ Ave Interchange, Provo.... 1 1755. Utah Widen 7200 West, Midvale............... 0.35 1756. Utah Construct I-15 interchange at Atkinville............ 2 1757. Utah Improve 5600 West Hwy from 2100 South to 4100 South in West Valley City........... 1 1758. Virginia Construct Southeastern Pkwy and Greenbelt, Virginia Beach........ 4 1759. Virginia Construct Route 288, Richmond.............. 2 1760. Virginia Planning/design for Coalfields Expwy, Buchanan, Dickinson, and Wise Ctes......... 5 1761. Virginia Complete no. section of Fairfax Cty Pkwy, Fairfax County........ 2 1762. Virginia Reconstruct SR 168 (Battlefield Blvd), Chesapeake............ 3 1763. Virginia Phase 1 Downtown Staunton Streetscape Plan.................. 0.2 1764. Virginia Commuter/freight rail congestion/mitigation project over Quantico Creek................. 2 1765. Virginia Conduct preliminary engineering on I-73 between Roanoke and VA/ NC state line......... 1 1766. Virginia Construct I-95/State Rte 627 interchange, Stafford Cty.......... 1 1767. Virginia Improve Lee Hwy Corridor in Fairfax... 1 1768. Virginia Construct Third Bridge/ Tunnel Crossing of Hampton Rd............ 3 1769. Virginia Widen I-64 Bland Blvd interchange........... 3 1770. Virginia Construct "Smart Road" in Blacksburg......... 5 1771. Virginia Reconstruct I-66/Rte 29 interchange, Gainesville........... 15 1772. Vermont Upgrade and Improve Publicly-Owned Vermont Rail Infrastructure from Bennington to Burlington............ 9.168 1773. Washington Hood River Bridge SR 35 0.192 1774. Washington Port of Kalama River Bridge................ 0.169 1775. Washington Huntington Avenue South Castle Rock........... 0.138 1776. Washington Port of Longview Industrial Rail Corridor.............. 0.477 1777. Washington I-5 interchange, Lewis Cty................... 1.27 1778. Washington Safety Improvements to SR 14 Columbia Gorge.. 0.775 1779. Washington Construct 192nd Street from SR 14 to SE 15th, Vancouver............. 0.962 1780. Washington Widen US 395 north of Spokane............... 1.9 1781. Washington Columbia Center Blvd, Kennewick............. 0.309 1782. Washington Construct Washington Pass Visitors Center.. 0.231 1783. Washington Improve Hillsboro Street/Hwy 395 intersection, Pasco... 0.682 1784. Washington Reconstruct I-82/Keys Road Intersection, Yakima................ 1.663 1785. Washington Construct Sequim/ Dungeness Valley Trail Project............... 0.192 1786. Washington Widen SR 99 between 148th Street and King County Line, Lynnwood. 0.577 1787. Washington Improve I-5/196th Street Interchange, Lynnwood.............. 0.866 1788. Washington Construct SR 305 corridor improvement, Poulsboro............. 0.673 1789. Washington Edmonds Crossing multi- modal transportation project............... 0.962 1790. Washington Construct Cross Base Corridor Ft. Lewis/ McChord AFB........... 0.115 1791. Washington Reconstruct I-5 Interchange, City of Lacey................. 0.288 1792. Washington Construct SR 167 Corridor.............. 0.288 1793. Washington Southworth Seattle Ferry................. 0.962 1794. Washington Undertake SR 166 Slide Repair................ 1.25 [[Page H3849]] 1795. Washington Construct SR 7 Elbe rest area and interpretive facility. 0.15 1796. Washington Extend Mill Plain Blvd, Vancouver............. 1 1797. Washington Construct I-405/NE 8th Street Interchange, Bellevue.............. 5.875 1798. Washington Improve I-90/Sunset Way Interchange, Issaquah. 4.95 1799. Washington Clinton Ferry Terminal. 1.2 1800. Washington 8th Street East Pierce County................ 0.25 1801. Washington Shaw Road Puyallup extension............. 0.375 1802. Washington 180th, Tukwila......... 0.5 1803. Washington South 277th, Auburn (UP).................. 0.5 1804. Washington South 277th, Auburn (BNSF)................ 0.5 1805. Washington Construct Southwest Third Street.......... 0.75 1806. Washington Construct Port of Tacoma Road........... 1.125 1807. Washington Construct North Duwamish Intermodal Project............... 4 1808. West Virginia Construct Coalfields Expressway............ 22.69 1809. Wyoming State Priority Projects 13.934 1810. New Mexico Construct Rio Rancho Highway............... 20 1811. Massachusetts Reconsruct Huntington Avenue................ 1 1812. Texas Relocate railroad Bryan/ College Station at Texas A&M or any other high priority project in Texas.............. 10 1813. Texas High priority highway and bridge projects... 133.863 1814. Arizona High priority highway and bridge projects... 31.076 1815. Delaware High priority highway and bridge projects... 8.868 1816. Hawaii High priority highway and bridge projects... 10.379 1817. Wisconsin High priority highway and bridge projects... 39.926 1818. Arkansas High priority highway and bridge projects... 15 1819. Maine High priority highway and bridge projects... 10 1820. Texas Relocate railroad line in Bryan and College Station, Texas A&M University............ 15 1821. Virginia High priority highway and bridge projects... 5 1822. New Hampshire High priority highway and bridge projects... 5 1823. Idaho High priority highway and bridge projects... 5 1824. Arkansas Conduct Seismic Design and Deployment Projects.............. 5 1825. Missouri High priority highway and bridge projects... 10 1826. Wyoming High priority highway and bridge projects... 5 1827. Rhode Island Construct pedestrian and Bicycle Facilities 5 1828. Oklahoma High priority highway and bridge projects... 5 1829. Colorado High priority highway and bridge projects... 5 1830. Alabama Develop Huntsville Southern Bypass....... 1 1831. Alabama Replace bridge over Tombigbee River, Naheola............... 1 1832. Alabama Construct Anniston Eastern Bypass........ 1 1833. Alabama Construct East Foley Corridor Project from Baldwin County Highway 20 to State Highway 59 in Alabama............ 0.75 1834. Alabama Construct Decatur Southern Bypass....... 1 1835. Alabama Construct Montgomery Outer Loop from US 80 to I-85 via I-65...... 1 1836. Alabama Develop Birmingham Northern Beltline..... 1.45 1837. Alabama Construct bridge over Tennessee River connecting Muscle Shoals and Florence... 1 1838. Alabama Create National University Transportation Center at the University of Alabama............... 1.8 1839. Alabama University at Alabama at Birmingham-Trauma Care Center........... 2.25 1840. Alabama Conduct advance vehicle transportation research program at the University of Alabama Tuscaloosa.... 2 1841. Alabama Conduct asphalt research program at Auburn University..... 0.5 1842. Alabama Conduct Global Climate Reserach Program at the University of Alabama at Huntsville. 0.25 1843. California Conduct Golden Gate Seismic Retrofit Project............... 26 1844. Oregon Prepare and preserve high priority highways 30 1845. South Dakota Construct Eastern Dakota Expressway from Aberdeen to I-29...... 23.768 1846. Massachusetts High priority highway and bridges........... 25 1847. Pennsylvania Reconstruct and improve I-95 in Delaware, Philadelphia and Bucks Counties, Pennsylvania 50 1848. Pennsylvania Reconstruct and improve US-22 in Westmoreland and Indiana Counties, Pennsylvania.......... 50 1849. South Carolina Replace Cooper River Bridges, Charleston... 20 1850. Alaska Construct Bradfield Canal Road............ 1 ------------------------------------------------------------------------ SEC. 1603. SPECIAL RULE. For purposes of calculating the minimum guarantee apportionment under section 105 of title 23, United States Code, the Secretary shall not include projects numbered 1818 through 1849 in section 1602. TITLE II--HIGHWAY SAFETY SEC. 2001. HIGHWAY SAFETY PROGRAMS. (a) Uniform Guidelines.--Section 402(a) of title 23, United States Code, is amended-- (1) in the fourth sentence by striking ``(4) to'' and inserting ``(4) to prevent accidents and''; (2) in the eighth sentence by striking ``include information obtained by the Secretary under section 4007 of the Intermodal Surface Transportation Efficiency Act of 1991 and''; and (3) in the twelfth sentence by inserting ``enforcement of light transmission standards of window glazing for passenger motor vehicles and light trucks as necessary to improve highway safety,'' before ``and emergency services''. (b) Administration of State Programs.--Section 402(b) of such title is amended-- (1) by striking ``(b)(1)'' and all that follows through paragraph (2) and inserting the following: ``(b) Administration of State Programs.--''; (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (1), (2), and (3), respectively; (3) in paragraph (1)(C) (as so redesignated) by striking ``paragraph (5)'' and inserting ``paragraph (3)''; and (4) in paragraph (2) (as so redesignated) by striking ``paragraph (3)(C)'' and inserting ``paragraph (1)(C)''. (c) Apportionment of Funds.--The sixth sentence of section 402(c) of such title is amended by inserting ``the apportionment to the Secretary of the Interior shall not be less than three-fourths of 1 percent of the total apportionment and'' after ``except that''. (d) Application in Indian Country.--Section 402(i) of such title is amended to read as follows: ``(i) Application in Indian Country.-- ``(1) Use of terms.--For the purpose of application of this section in Indian country, the terms `State' and `Governor of a State' include the Secretary of the Interior and the term `political subdivision of a State' includes an Indian tribe. ``(2) Expenditures for local highway programs.-- Notwithstanding subsection (b)(1)(C), 95 percent of the funds apportioned to the Secretary of the Interior under this section shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions. ``(3) Access for individuals with disabilities.--The requirements of subsection (b)(1)(D) shall be applicable to Indian tribes, except to those tribes with respect to which the Secretary determines that application of such provisions would not be practicable. ``(4) Indian country defined.--In this subsection, the term `Indian country' means-- ``(A) all land within the limits of any Indian reservation under the jurisdiction of the United States, notwithstanding the issuance of any patent and including rights-of-way running through the reservation; ``(B) all dependent Indian communities within the borders of the United States, whether within the original or subsequently acquired territory thereof and whether within or without the limits of a State; and ``(C) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments.''. (e) Rulemaking Proceeding.--Section 402(j) of such title is amended to read as follows: ``(j) Rulemaking Proceeding.--The Secretary may periodically conduct a rulemaking process to identify highway safety programs that are highly effective in reducing motor vehicle crashes, injuries, and deaths. Any such rulemaking shall take into account the major role of the States in implementing such programs. When a rule promulgated in accordance with this section takes effect, States shall consider these highly effective programs when developing their highway safety programs.''. (f) Highway Safety Education and Information.-- (1) In general.--For fiscal years 1999 and 2000, the Secretary shall allow any State to use funds apportioned to the State under section 402 of title 23, United States Code, to purchase television and radio time for highway safety public service messages. (2) Reports by states.--Any State that uses funds described in paragraph (1) for purchasing television and radio time for highway safety public service messages shall submit to the Secretary a report describing, and assessing the effectiveness of, the messages. (3) Study.--Based on information contained in the reports submitted under paragraph (2), the Secretary shall prepare and transmit to Congress a report on the effectiveness of purchasing television and radio time for highway safety public service messages using funds described in paragraph (1). SEC. 2002. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT. (a) Authority of the Secretary.--Section 403(a)(2)(A) of title 23, United States Code, is amended by inserting ``, including training in work zone safety management'' after ``personnel''. (b) Drugs and Driver Behavior.-- [[Page H3850]] (1) In general.--Section 403(b) of such title is amended by adding at the end the following: ``(3) Measures that may deter drugged driving. ``(4) Programs to train law enforcement officers on motor vehicle pursuits conducted by the officers.''. (2) Reports of federal policies and procedures.--Not later than 180 days after the date of enactment of this Act, the Attorney General, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of the Treasury, the Chief of Capitol Police, and the Administrator of General Services shall each transmit to Congress a report containing-- (A) the policy of the department or agency headed by that individual concerning motor vehicle pursuits by law enforcement officers of that department or agency; and (B) a description of the procedures that the department or agency uses to train law enforcement officers in the implementation of the policy referred to in subparagraph (A). SEC. 2003. OCCUPANT PROTECTION. (a) Occupant Protection Incentive Grants.-- (1) In general.--Chapter 4 of title 23, United States Code, is amended by inserting after section 404 the following: ``Sec. 405. Occupant protection incentive grants ``(a) General Authority.-- ``(1) Authority to make grants.--Subject to the requirements of this section, the Secretary shall make grants under this section to States that adopt and implement effective programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles. Such grants may be used by recipient States only to implement and enforce, as appropriate, such programs. ``(2) Maintenance of effort.--No grant may be made to a State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all other sources for programs described in paragraph (1) at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of the Transportation Equity Act for the 21st Century. ``(3) Maximum period of eligibility.--No State may receive grants under this section in more than 6 fiscal years beginning after September 30, 1997. ``(4) Federal share.--The Federal share of the cost of implementing and enforcing, as appropriate, in a fiscal year a program adopted by a State pursuant to paragraph (1) shall not exceed-- ``(A) in each of the first and second fiscal years in which the State receives a grant under this section, 75 percent; ``(B) in each of the third and fourth fiscal years in which the State receives a grant under this section, 50 percent; and ``(C) in each of the fifth and sixth fiscal years in which the State receives a grant under this section, 25 percent. ``(b) Grant Eligibility.--A State shall become eligible for a grant under this section by adopting or demonstrating to the satisfaction of the Secretary at least 4 of the following: ``(1) Safety belt use law.--The State has in effect a safety belt use law that makes unlawful throughout the State the operation of a passenger motor vehicle whenever an individual (other than a child who is secured in a child restraint system) in the front seat of the vehicle (and, beginning in fiscal year 2001, in any seat in the vehicle) does not have a safety belt properly secured about the individual's body. ``(2) Primary safety belt use law.--The State provides for primary enforcement of the safety belt use law of the State. ``(3) Minimum fine or penalty points.--The State imposes a minimum fine or provides for the imposition of penalty points against the driver's license of an individual-- ``(A) for a violation of the safety belt use law of the State; and ``(B) for a violation of the child passenger protection law of the State. ``(4) Special traffic enforcement program.--The State has implemented a statewide special traffic enforcement program for occupant protection that emphasizes publicity for the program. ``(5) Child passenger protection education program.--The State has implemented a statewide comprehensive child passenger protection education program that includes education programs about proper seating positions for children in air bag equipped motor vehicles and instruction on how to reduce the improper use of child restraint systems. ``(6) Child passenger protection law.--The State has in effect a law that requires minors who are riding in a passenger motor vehicle to be properly secured in a child safety seat or other appropriate restraint system. ``(c) Grant Amounts.--The amount of a grant for which a State qualifies under this section for a fiscal year shall equal up to 25 percent of the amount apportioned to the State for fiscal year 1997 under section 402. ``(d) Administrative Expenses.--Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to a deduction not to exceed 5 percent for the necessary costs of administering the provisions of this section. ``(e) Applicability of Chapter 1.--The provisions contained in section 402(d) shall apply to this section. ``(f) Definitions.--In this section, the following definitions apply: ``(1) Child safety seat.--The term `child safety seat' means any device (except safety belts) designed for use in a motor vehicle to restrain, seat, or position a child who weighs 50 pounds or less. ``(2) Motor vehicle.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. ``(3) Multipurpose passenger vehicle.--The term `multipurpose passenger vehicle' means a motor vehicle with motive power (except a trailer), designed to carry not more than 10 individuals, that is constructed either on a truck chassis or with special features for occasional off-road operation. ``(4) Passenger car.--The term `passenger car' means a motor vehicle with motive power (except a multipurpose passenger vehicle, motorcycle, or trailer) designed to carry not more than 10 individuals. ``(5) Passenger motor vehicle.--The term `passenger motor vehicle' means a passenger car or a multipurpose passenger motor vehicle. ``(6) Safety belt.--The term `safety belt' means-- ``(A) with respect to open-body passenger vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and ``(B) with respect to other passenger vehicles, an occupant restraint system consisting of integrated lap and shoulder belts.''. (2) Conforming amendment.--The analysis for such chapter is amended by inserting after the item relating to section 404 the following: ``405. Occupant protection incentive grants.''. (b) Child Passenger Protection Education Grants.-- (1) In general.--The Secretary may make a grant to a State that submits an application, in such form and manner as the Secretary may prescribe, that is approved by the Secretary to carry out the activities specified in paragraph (2) through-- (A) the child passenger protection program of the State; and (B) at the option of the State, a grant program established by the State to carry out 1 or more of the activities specified in paragraph (2) by a political subdivision of the State or an appropriate private entity. (2) Use of funds.--Funds provided to a State as a grant under this subsection shall be used to implement child passenger protection programs that-- (A) are designed to prevent deaths and injuries to children; (B) educate the public concerning-- (i) all aspects of the proper installation of child restraints using standard seatbelt hardware, supplemental hardware, and modification devices (if needed), including special installation techniques; (ii) appropriate child restraint design, selection, and placement; and (iii) harness threading and harness adjustment on child restraints; and (C) train and retrain child passenger safety professionals, police officers, fire and emergency medical personnel, and other educators concerning all aspects of child restraint use. (3) Grant awards.--The Secretary may make a grant under this subsection without regard to whether a State is eligible to receive, or has received, a grant under section 405 of title 23, United States Code (as inserted by subsection (a) of this section). (4) Federal share.--The Federal share of the cost of a program carried out using funds made available from a grant under this subsection may not exceed 80 percent. (5) Report.--Each State that receives a grant under this subsection shall transmit to the Secretary a report for the period covered by the grant that, at a minimum, describes the program activities carried out with the funds made available under the grant. (6) Report to congress.--Not later than June 1, 2002, the Secretary shall transmit to Congress a report on the implementation of this subsection that includes a description of the programs carried out and materials developed and distributed by the States that receive grants under this subsection. (7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $7,500,000 for each of fiscal years 2000 and 2001. SEC. 2004. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES. (a) In General.--Section 410 of title 23, United States Code, is amended to read as follows: ``Sec. 410. Alcohol-impaired driving countermeasures ``(a) General Authority.-- ``(1) Authority to make grants.--Subject to the requirements of this section, the Secretary shall make grants to States that adopt and implement effective programs to reduce traffic safety problems resulting from individuals driving while under the influence of alcohol. Such grants may only be used by recipient States to implement and enforce such programs. ``(2) Maintenance of effort.--No grant may be made to a State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all other sources for alcohol traffic safety programs at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of the Transportation Equity Act for the 21st Century. ``(3) Maximum Period of Eligibility.--No State may receive grants under this section in more than 6 fiscal years beginning after September 30, 1997. ``(4) Federal share.--The Federal share of the cost of implementing and enforcing in a fiscal year a program adopted by a State pursuant to paragraph (1) shall not exceed-- [[Page H3851]] ``(A) in each of the first and second fiscal years in which the State receives a grant under this section, 75 percent; ``(B) in each of the third and fourth fiscal years in which the State receives a grant under this section, 50 percent; and ``(C) in each of the fifth and sixth fiscal years in which the State receives a grant under this section, 25 percent. ``(b) Basic Grant Eligibility.-- ``(1) Basic grant a.--A State shall become eligible for a grant under this paragraph by adopting or demonstrating to the satisfaction of the Secretary at least 5 of the following: ``(A) Administrative license revocation.--An administrative driver's license suspension or revocation system for individuals who operate motor vehicles while under the influence of alcohol that requires that-- ``(i) in the case of an individual who, in any 5-year period beginning after the date of enactment of the Transportation Equity Act for the 21st Century, is determined on the basis of a chemical test to have been operating a motor vehicle while under the influence of alcohol or is determined to have refused to submit to such a test as proposed by a law enforcement officer, the State agency responsible for administering drivers' licenses, upon receipt of the report of the law enforcement officer-- ``(I) shall suspend the driver's license of such individual for a period of not less than 90 days if such individual is a first offender in such 5-year period; and ``(II) shall suspend the driver's license of such individual for a period of not less than 1 year, or revoke such license, if such individual is a repeat offender in such 5-year period; and ``(ii) the suspension and revocation referred to under clause (i) shall take effect not later than 30 days after the day on which the individual refused to submit to a chemical test or received notice of having been determined to be driving under the influence of alcohol, in accordance with the procedures of the State. ``(B) Underage drinking program.--An effective system, as determined by the Secretary, for preventing operators of motor vehicles under age 21 from obtaining alcoholic beverages and for preventing persons from making alcoholic beverages available to individuals under age 21. Such system may include the issuance of drivers' licenses to individuals under age 21 that are easily distinguishable in appearance from drivers' licenses issued to individuals age 21 or older and the issuance of drivers' licenses that are tamper resistant. ``(C) Enforcement program.--Either-- ``(i) a statewide program for stopping motor vehicles on a nondiscriminatory, lawful basis for the purpose of determining whether the operators of such motor vehicles are driving while under the influence of alcohol; or ``(ii) a statewide special traffic enforcement program for impaired driving that emphasizes publicity for the program. ``(D) Graduated licensing system.--A 3-stage graduated licensing system for young drivers that includes nighttime driving restrictions during the first 2 stages, requires all vehicle occupants to be properly restrained, and makes it unlawful for a person under age 21 to operate a motor vehicle with a blood alcohol concentration of .02 percent or greater. ``(E) Drivers with high bac.--Programs to target individuals with high blood alcohol concentrations who operate a motor vehicle. Such programs may include implementation of a system of graduated penalties and assessment of individuals convicted of driving under the influence of alcohol. ``(F) Young adult drinking programs.--Programs to reduce driving while under the influence of alcohol by individuals age 21 through 34. Such programs may include awareness campaigns; traffic safety partnerships with employers, colleges, and the hospitality industry; assessments of first time offenders; and incorporation of treatment into judicial sentencing. ``(G) Testing for bac.--An effective system for increasing the rate of testing of the blood alcohol concentrations of motor vehicle drivers involved in fatal accidents and, in fiscal year 2001 and each fiscal year thereafter, a rate of such testing that is equal to or greater than the national average. ``(2) Basic grant b.--A State shall become eligible for a grant under this paragraph by adopting or demonstrating to the satisfaction of the Secretary each of the following: ``(A) Fatal impaired driver percentage reduction.--The percentage of fatally injured drivers with 0.10 percent or greater blood alcohol concentration in the State has decreased in each of the 3 most recent calendar years for which statistics for determining such percentages are available. ``(B) Fatal impaired driver percentage comparison.--The percentage of fatally injured drivers with 0.10 percent or greater blood alcohol concentration in the State has been lower than the average percentage for all States in each of the calendar years referred to in subparagraph (A). ``(3) Basic grant amount.--The amount of a basic grant made to a State for a fiscal year under this subsection shall equal up to 25 percent of the amount apportioned to the State for fiscal year 1997 under section 402. ``(c) Supplemental Grants.-- ``(1) In general.--Upon receiving an application from a State, the Secretary may make supplemental grants to the State for meeting 1 or more of the following criteria: ``(A) Video equipment for detection of drunk drivers.--The State provides for a program to acquire video equipment to be used in detecting persons who operate motor vehicles while under the influence of alcohol and in prosecuting those persons, and to train personnel in the use of that equipment. ``(B) Self-sustaining drunk driving prevention program.-- The State provides for a self-sustaining drunk driving prevention program under which a significant portion of the fines or surcharges collected from individuals apprehended and fined for operating a motor vehicle while under the influence of alcohol are returned to those communities which have comprehensive programs for the prevention of such operations of motor vehicles. ``(C) Reducing driving with a suspended license.--The State enacts and enforces a law to reduce driving with a suspended license. Such law, as determined by the Secretary, may require a `zebra' stripe that is clearly visible on the license plate of any motor vehicle owned and operated by a driver with a suspended license. ``(D) Use of passive alcohol sensors.--The State provides for a program to acquire passive alcohol sensors to be used by police officers in detecting persons who operate motor vehicles while under the influence of alcohol, and to train police officers in the use of that equipment. ``(E) Effective dwi tracking system.--The State demonstrates an effective driving while intoxicated (DWI) tracking system. Such a system, as determined by the Secretary, may include data covering arrests, case prosecutions, court dispositions and sanctions, and provide for the linkage of such data and traffic records systems to appropriate jurisdictions and offices within the State. ``(F) Other programs.--The State provides for other innovative programs to reduce traffic safety problems resulting from individuals driving while under the influence of alcohol or controlled substances, including programs that seek to achieve such a reduction through legal, judicial, enforcement, educational, technological, or other approaches. ``(2) Eligibility.--A State shall be eligible to receive a grant under this subsection in a fiscal year only if the State is eligible to receive a grant under subsection (b) in such fiscal year. ``(3) Funding.--Of the amounts made available to carry out this section in a fiscal year, not to exceed 10 percent shall be available for making grants under this subsection. ``(d) Administrative Expenses.--Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to a deduction not to exceed 5 percent for the necessary costs of administering the provisions of this section. ``(e) Applicability of Chapter 1.--The provisions contained in section 402(d) shall apply to this section. ``(f) Definitions.--In this section, the following definitions apply: ``(1) Alcoholic beverage.--The term `alcoholic beverage' has the meaning given such term in section 158(c). ``(2) Controlled substances.--The term `controlled substances' has the meaning given such term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)). ``(3) Motor vehicle.--The term `motor vehicle' has the meaning given such term in section 405.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1998. SEC. 2005. STATE HIGHWAY SAFETY DATA IMPROVEMENTS. (a) In General.--Chapter 4 of title 23, United States Code, is further amended by adding at the end the following: ``Sec. 411. State highway safety data improvements ``(a) General Authority.-- ``(1) Authority to make grants.--Subject to the requirements of this section, the Secretary shall make grants to States that adopt and implement effective programs-- ``(A) to improve the timeliness, accuracy, completeness, uniformity, and accessibility of the data of the State that is needed to identify priorities for national, State, and local highway and traffic safety programs; ``(B) to evaluate the effectiveness of efforts to make such improvements; ``(C) to link these State data systems, including traffic records, with other data systems within the State, such as systems that contain medical and economic data; and ``(D) to improve the compatibility of the data system of the State with national data systems and data systems of other States and to enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances. Such grants may be used by recipient States only to implement such programs. ``(2) Model data elements.--The Secretary, in consultation with States and other appropriate parties, shall determine the model data elements necessary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances. In order to become eligible for a grant under this section, a State shall demonstrate how the multiyear highway safety data and traffic records plan of the State described in subsection (b)(1) will be incorporated into data systems of the State. ``(3) Maintenance of Effort.--No grant may be made to a State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all other sources for highway safety data programs at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of the Transportation Equity Act for the 21st Century. ``(4) Maximum Period of Eligibility.--No State may receive grants under this section in more than 6 fiscal years beginning after September 30, 1997. ``(5) Federal share.--The Federal share of the cost of implementing and enforcing, as appropriate, in a fiscal year a program adopted by [[Page H3852]] a State pursuant to paragraph (1) shall not exceed-- ``(A) in the first and second fiscal years in which the State receives a grant under this section, 75 percent; ``(B) in the third and fourth fiscal years in which the State receives a grant under this section, 50 percent; and ``(C) in the fifth and sixth fiscal years in which the State receives a grant under this section, 25 percent. ``(b) First-Year Grants.-- ``(1) Eligibility.--A State shall become eligible for a first-year grant under this subsection in a fiscal year if the State either-- ``(A) demonstrates, to the satisfaction of the Secretary, that the State has-- ``(i) established a highway safety data and traffic records coordinating committee with a multidisciplinary membership, including the administrators, collectors, and users of such data (including the public health, injury control, and motor carrier communities); ``(ii) completed, within the preceding 5 years, a highway safety data and traffic records assessment or an audit of the highway safety data and traffic records system of the State; and ``(iii) initiated the development of a multiyear highway safety data and traffic records strategic plan that-- ``(I) identifies and prioritizes the highway safety data and traffic records needs and goals of the State; ``(II) identifies performance-based measures by which progress toward those goals will be determined; and ``(III) will be submitted to the highway safety data and traffic records coordinating committee of the State for approval; or ``(B) provides, to the satisfaction of the Secretary-- ``(i) a certification that the State has met the requirements of clauses (i) and (ii) of subparagraph (A); ``(ii) a multiyear highway safety data and traffic records strategic plan that-- ``(I) meets the requirements of subparagraph (A)(iii); and ``(II) specifies how the incentive funds of the State for the fiscal year will be used to address needs and goals identified in the plan; and ``(iii) a certification that the highway safety data and traffic records coordinating committee of the State continues to operate and supports the multiyear plan described in clause (ii). ``(2) Grant amounts.--The amount of a first-year grant made to a State for a fiscal year under this subsection shall equal-- ``(A) if the State is eligible for the grant under paragraph (1)(A), $125,000; and ``(B) if the State is eligible for the grant under paragraph (1)(B), an amount determined by multiplying-- ``(i) the amount appropriated to carry out this section for such fiscal year; by ``(ii) the ratio that the funds apportioned to the State under section 402 for fiscal year 1997 bears to the funds apportioned to all States under section 402 for fiscal year 1997; except that no State eligible for a grant under paragraph (1)(B) shall receive less than $250,000. ``(3) States not meeting criteria.--The Secretary may award a grant of up to $25,000 for 1 year to any State that does not meet the criteria established in paragraph (1). The grant may only be used to conduct activities needed to enable the State to qualify for a first-year grant in the next fiscal year. ``(c) Succeeding Year Grants.-- ``(1) Eligibility.--A State shall be eligible for a grant under this subsection in a fiscal year succeeding the first fiscal year in which the State receives a grant under subsection (b) if the State, to the satisfaction of the Secretary-- ``(A) submits or updates a multiyear highway safety data and traffic records strategic plan that meets the requirements of subsection (b)(1); ``(B) certifies that the highway safety data and traffic records coordinating committee of the State continues to operate and supports the multiyear plan; and ``(C) reports annually on the progress of the State in implementing the multiyear plan. ``(2) Grant amounts.--The amount of a succeeding year grant made to the State for a fiscal year under this paragraph shall equal the amount determined by multiplying-- ``(A) the amount appropriated to carry out this section for such fiscal year; by ``(B) the ratio that the funds apportioned to the State under section 402 for fiscal year 1997 bears to the funds apportioned to all States under section 402 for fiscal year 1997; except that no State eligible for a grant under this paragraph shall receive less than $225,000. ``(c) Administrative Expenses.--Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to a deduction not to exceed 5 percent for the necessary costs of administering the provisions of this section. ``(d) Applicability of Chapter 1.--The provisions contained in section 402(d) shall apply to this section.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``411. State highway safety data improvements.''. SEC. 2006. NATIONAL DRIVER REGISTER. (a) Transfer of Selected Functions to Non-Federal Management.--Section 30302 of title 49, United States Code, is amended by adding at the end the following: ``(e) Transfer of Selected Functions to Non-Federal Management.-- ``(1) Agreement.--The Secretary may enter into an agreement with an organization that represents the interests of the States to manage, administer, and operate the National Driver Register's computer timeshare and user assistance functions. If the Secretary decides to enter into such an agreement, the Secretary shall ensure that the management of these functions is compatible with this chapter and the regulations issued to implement this chapter. ``(2) Required demonstration.--Any transfer of the National Driver Register's computer timeshare and user assistance functions to an organization that represents the interests of the States shall begin only after a determination is made by the Secretary that all States are participating in the National Driver Register's `Problem Driver Pointer System' (the system used by the Register to effect the exchange of motor vehicle driving records) and that the system is functioning properly. ``(3) Transition period.--Any agreement entered into under this subsection shall include a provision for a transition period sufficient to allow the States to make the budgetary and legislative changes the States may need to pay fees charged by the organization representing their interests for their use of the National Driver Register's computer timeshare and user assistance functions. During this transition period, the Secretary shall continue to fund these transferred functions. ``(4) Fees.--The total of the fees charged by the organization representing the interests of the States in any fiscal year for the use of the National Driver Register's computer timeshare and user assistance functions shall not exceed the total cost to the organization of performing these functions in such fiscal year. ``(5) Limitation on statutory construction.--Nothing in this subsection may be construed to diminish, limit, or otherwise affect the authority of the Secretary to carry out this chapter.''. (b) Access to Register Information.-- (1) Conforming amendments.--Section 30305(b) of title 49, United States Code, is amended-- (A) in paragraph (2) by inserting before the period at the end the following: ``, unless the information is about a revocation or suspension still in effect on the date of the request''; (B) in paragraph (8), as redesignated by section 207(b) of the Coast Guard Authorization Act of 1996 (Public Law 104- 324, 110 Stat. 3908)-- (i) by striking ``paragraph (2)'' and inserting ``subsection (a) of this section''; and (ii) by moving the text of such paragraph 2 ems to the left; and (C) by redesignating paragraph (8), as redesignated by section 502(b)(1) of the Federal Aviation Reauthorization Act of 1996 (Public Law 104-264, 110 Stat. 3262), as paragraph (9). (2) Federal agency access provision.--Section 30305(b) of title 49, United States Code, is further amended-- (A) by redesignating paragraph (6) as paragraph (10) and inserting such paragraph after paragraph (9); (B) by inserting after paragraph (5) the following: ``(6) The head of a Federal department or agency that issues motor vehicle operator's licenses may request the chief driver licensing official of a State to obtain information under subsection (a) of this section about an individual applicant for a motor vehicle operator's license from such department or agency. The department or agency may receive the information, provided it transmits to the Secretary a report regarding any individual who is denied a motor vehicle operator's license by that department or agency for cause; whose motor vehicle operator's license is revoked, suspended, or canceled by that department or agency for cause; or about whom the department or agency has been notified of a conviction of any of the motor vehicle-related offenses or comparable offenses listed in section 30304(a)(3) and over whom the department or agency has licensing authority. The report shall contain the information specified in section 30304(b).''; and (C) by adding at the end the following: ``(11) The head of a Federal department or agency authorized to receive information regarding an individual from the Register under this section may request and receive such information from the Secretary.''. (c) Evaluation and Assessment of Alternatives.-- (1) Evaluation.--The Secretary shall evaluate the implementation of chapter 303 of title 49, United States Code, and the programs under sections 31106 and 31309 of such title and identify alternatives to improve the ability of the States to exchange information about unsafe drivers and to identify drivers with multiple licenses. (2) Technology assessment.--The Secretary, in conjunction with the American Association of Motor Vehicle Administrators, shall conduct an assessment of available electronic technologies to improve access to and exchange of motor vehicle driving records. The assessment may consider alternative unique motor vehicle driver identifiers that would facilitate accurate matching of drivers and their records. (3) Report to congress.--Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the evaluation and technology assessment, together with any recommendations for appropriate administrative and legislative actions. (4) Authorization of Appropriations.--There is authorized to be appropriated to carry out paragraph (2) $250,000 in the aggregate for fiscal years beginning after September 30, 1998. SEC. 2007. SAFETY STUDIES. (a) Blowout Resistant Tires Study.--The Secretary shall conduct a study on the benefit to public safety of the use of blowout resistant tires on commercial motor vehicles and the potential to decrease the incidence of accidents [[Page H3853]] and fatalities from accidents occurring as a result of blown out tires. (b) School Bus Occupant Safety Study.--The Secretary shall conduct a study to assess occupant safety in school buses. The study shall examine available information about occupant safety and analyze options for improving occupant safety. (c) Reports.--Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of each study conducted under this section. (d) Limitation on Funding.--The Secretary may not expend more than $200,000, from funds made available by section 403 of title 23, United States Code, for conducting each study under this section. SEC. 2008. EFFECTIVENESS OF LAWS ESTABLISHING MAXIMUM BLOOD ALCOHOL CONCENTRATIONS. (a) Study.--The Comptroller General shall conduct a study to evaluate the effectiveness of State laws that-- (1) deem any individual with a blood alcohol concentration of 0.08 percent or greater while operating a motor vehicle to be driving while intoxicated; and (2) deem any individual under the age of 21 with a blood alcohol concentration of 0.02 percent or greater while operating a motor vehicle to be driving while intoxicated; in reducing the number and severity of alcohol-involved crashes. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of the study conducted under this section. SEC. 2009. AUTHORIZATIONS OF APPROPRIATIONS. (a) In General.--The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Highway safety programs.--For carrying out section 402 of title 23, United States Code, $149,700,000 for fiscal year 1998, $150,000,000 for fiscal year 1999, $152,800,000 for fiscal year 2000, $155,000,000 for fiscal year 2001, $160,000,000 for fiscal year 2002, and $165,000,000 for fiscal year 2003. (2) Highway safety research and development.--For carrying out section 403 of title 23, United States Code, $72,000,000 for each of fiscal years 1998 through 2003. (3) Occupant protection incentive grants.--For carrying out section 405 of title 23, United States Code, $10,000,000 for each of fiscal years 1999 and 2000, $13,000,000 for fiscal year 2001, $15,000,000 for fiscal year 2002, and $20,000,000 for fiscal year 2003. (4) Alcohol-impaired driving countermeasures incentive grant program.--For carrying out section 410 of title 23, United States Code, $34,500,000 for fiscal year 1998, $35,000,000 for fiscal year 1999, $36,000,000 for each of fiscal years 2000 and 2001, $38,000,000 for fiscal year 2002, and $40,000,000 for fiscal year 2003. (5) State highway safety data grants.--For carrying out section 411 of title 23, United States Code, $5,000,000 for fiscal year 1999, $8,000,000 for fiscal year 2000, $9,000,000 for fiscal year 2001, and $10,000,000 for fiscal year 2002. (6) National driver register.--For carrying out chapter 303 of title 49, United States Code, by the National Highway Traffic Safety Administration, $2,000,000 for each of fiscal years 1998 through 2003. (b) Allocations.-- (1) Drugs and driver behavior.--Out of amounts appropriated pursuant to subsection (a)(2) for fiscal years 1998 through 2003, the Secretary may use-- (A) not to exceed $2,000,000 per fiscal year to carry out paragraphs (1) through (3) of section 403(b) of title 23, United States Code; and (B) not to exceed $1,000,000 per fiscal year to carry out paragraph (4) of such section. (2) Public education effort.--Out of amounts appropriated pursuant to subsection (a)(2) for fiscal years 1998 through 2003, the Secretary shall obligate at least $500,000 per fiscal year to educate the motoring public on how to share the road safely with commercial motor vehicles. (c) Applicability of Title 23.--Amounts made available under subsection (a)(2) for each of fiscal years 1999 through 2003 shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code. (d) Transfers.--In each fiscal year, the Secretary may transfer any amounts remaining available under paragraph (3), (4), or (5) of subsection (a) to the amounts made available under any other of such paragraphs in order to ensure, to the maximum extent possible, that each State receives the maximum incentive funding for which the State is eligible under sections 405, 410, and 411 of title 23, United States Code. TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS SEC. 3001. SHORT TITLE. 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 [[Page H3854]] 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-- [[Page H3855]] ``(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 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 [[Page H3856]] 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.''. [[Page H3857]] 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 purchases 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 [[Page H3858]] 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), 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. (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. (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 2002 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. [[Page H3859]] ``(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.-- (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. 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. 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; [[Page H3860]] (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 projects.--'' 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) 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 [[Page H3861]] 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 [[Page H3862]] 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. (3) Atlanta--North Line Extension. (4) Austin--NW/North Central/SE--Airport LRT. (5) Baltimore--Central LRT Extension to Glen Burnie. (6) Boston--Massport Airport Intermodal Transit Connector. (7) Boston--North Shore Corridor and Blue Line Extension to Beverly. (8) Charlotte--South Corridor Transitway. (9) Chicago--Navy Pier-McCormick Place Busway. (10) Chicago--North Central Upgrade Commuter Rail. (11) Chicago--Ravenswood Line Extension. (12) Chicago--Southwest Extension. (13) Chicago--West Line Expansion. (14) Cleveland--Akron-Canton Commuter Rail. (15) Cleveland--Berea Metroline Extension. (16) Cleveland--Blue Line Extension. (17) Cleveland--Euclid Corridor Extension. (18) Cleveland--I-90 Corridor to Ashtabula County. (19) Cleveland--Waterfront Line Extension. (20) Dallas--North Central Extension. (21) Dallas--Ft. Worth RAILTRAN (Phase II). (22) Denver--East Corridor (Airport). (23) Denver--Southeast LRT (I-25 between 6th & Lincoln). (24) Denver--Southwest LRT. (25) Denver--West Corridor LRT. (26) East St. Louis-St. Clair County--Mid-America Airport Corridor. (27) Ft. Lauderdale-West Palm Beach-Miami Tri-County Commuter Rail. (28) Galveston--Trolley Extension. (29) Hartford--Griffin Line. (30) Hollis--Ketchikan Ferry. (31) Houston--Regional Bus Plan--Phase I. (32) Kansas City--I-35 Commuter Rail. (33) Kansas City--Southtown Corridor. (34) Kenosha-Racine--Milwaukee Rail Extension. (35) Las Vegas Corridor. (36) Little Rock--River Rail. (37) Los Angeles--Metrolink San Bernadino Line. (38) Los Angeles--MOS-3. (39) Los Angeles--Metrolink (Union Station-Fullerton). (40) Louisville--Jefferson County Corridor. (41) MARC--Commuter Rail Improvements. (42) Maryland Light Rail Double Track. (43) Memphis--Medical Center Extension. (44) Miami--East-West Multimodal Corridor. (45) Miami--North 27th Avenue Corridor. (46) Miami--South Busway Extension. (47) Milwaukee--East-West Corridor. (48) Monterey County Commuter Rail. (49) Nashua, NH--Lowell, MA Commuter Rail. (50) Nashville--Commuter Rail. (51) New Orleans--Canal Streetcar. (52) New York--8th Avenue Subway Connector. (53) New York--Brooklyn--Staten Island Ferry. (54) New York--Long Island Railroad East Side Access. (55) New York--Staten Island Ferry--Whitehall Intermodal Terminal. (56) New York Susquehanna and Western Commuter Rail. (57) New Jersey Urban Core. (58) Norfolk--Virginia Beach Corridor. (59) Orange County--Fullerton--Irvine Corridor. (60) Orlando--I-4 Central Florida Light Rail System. (61) Philadelphia--Schuykill Valley Metro. (62) Phoenix--Fixed Guideway. (63) Colorado--Roaring Fork Valley Rail. (64) Pittsburgh Airborne Shuttle System. (65) Pittsburgh--MLK Busway Extension. (66) Portland--South-North Corridor. (67) Portland--Westside-Hillsboro Corridor. (68) Raleigh-Durham--Regional Transit Plan. (69) Sacramento--Folsom Extension. (70) Sacramento--Placer County Corridor. (71) Sacramento--South Corridor. (72) Salt Lake City--Light Rail (Airport to University of Utah). (73) Salt Lake City--Ogden-Provo Commuter Rail. (74) Salt Lake City--South LRT. (75) San Diego--Mid-Coast LRT Corridor. (76) San Diego--Mission Valley East Corridor. (77) San Diego--Oceanside--Escondido Corridor. (78) San Francisco--BART to San Francisco International Airport Extension. (79) San Francisco--Bayshore Corridor. (80) San Jose--Tasman Corridor Light Rail. (81) San Juan--Tren Urbano. (82) San Juan--Tren Urbano Extension to Minellas. (83) Santa Cruz--Fixed Guideway. (84) Seattle--Southworth High Speed Ferry. (85) Seattle--Sound Move Corridor. (86) South Boston--Piers Transitway. (87) St. Louis--Cross County Corridor. (88) Stockton--Altamont Commuter Rail. (89) Tampa Bay--Regional Rail. (90) Twin Cities--Northstar Corridor (Downtown Minneapolis- Anoka County-St. Cloud). (91) Twin Cities--Transitways Corridors. (92) Washington--Richmond Rail Corridor Improvements. (93) Washington, D.C.--Dulles Corridor Extension. (94) Washington, D.C.--Largo Extension. (95) West Trenton Line (West Trenton-Newark). (96) Westlake--Commuter Rail Link. (97) Pittsburgh North Shore-Central Business District Corridor. (98) Pittsburgh--Stage II Light Rail. (99) Boston--North-South Rail Link. (100) Spokane--South Valley Corridor Light Rail. (101) Miami--Palmetto Metrorail. (102) Morgantown--Personal Rapid Transit. (103) Santa Monica--Busway. (104) Northwest New Jersey--Northeast Rail Corridor. (105) Southeastern North Carolina Corridor. (106) Chicago--Douglas Branch. (107) San Joaquin--Regional Transit Corridor. (108) Albuquerque--High Capacity Corridor. (b) Alternatives Analysis and Preliminary Engineering.--The following projects are authorized for alternatives analysis and preliminary engineering for fiscal years 1998 through 2003 under section 5309(m)(1)(B) of title 49, United States Code: (1) Atlanta--Georgia 400 Multimodal Corridor. (2) Atlanta--MARTA Extension (S. DeKalb-Lindbergh). (3) Atlanta--MARTA I-285 Transit Corridor. (4) Atlanta--MARTA Marietta-Lawrenceville Corridor. (5) Atlanta--MARTA South DeKalb Comprehensive Transit Program. (6) Baltimore--Metropolitan Rail Corridor. (7) Baltimore--People Mover. (8) Bergen County Cross--County Light Rail. (9) Birmingham Transit Corridor. (10) Boston--Urban Ring. (11) Charleston--Monobeam. (12) Chicago--Comiskey Park Station. (13) Chicago--Inner Circumferential Commuter Rail. (14) Cumberland/Dauphin County Corridor 1 Commuter Rail. (15) Dallas--DART LRT Extensions. (16) Dallas--Las Colinas Corridor. (17) Dayton--Regional Riverfront Corridor. [[Page H3863]] (18) El Paso--International Fixed Guideway (El Paso- Juarez). (19) Fremont--South Bay Corridor. (20) Houston--Advanced Transit Program. (21) Jacksonville--Fixed Guideway Corridor. (22) Knoxville--Electric Transit. (23) Lorain--Cleveland Commuter Rail. (24) Los Angeles--MOS-4 East Side Extension (II). (25) Los Angeles--MOS-4 San Fernando Valley East-West. (26) Los Angeles--LOSSAN (Del Mar-San Diego). (27) Maine High Speed Ferry Service. (28) Maryland Route 5 Corridor. (29) Memphis--Regional Rail Plan. (30) Miami--Kendall Corridor. (31) Miami--Northeast Corridor. (32) New Jersey Trans-Hudson Midtown Corridor. (33) New Orleans--Airport--CBD Commuter Rail. (34) New Orleans--Desire Streetcar. (35) New York--Astoria--East Elmhurst Extension. (36) New York--Broadway--Lafayette & Bleecker St Transfer. (37) New York--Brooklyn--Manhattan Access. (38) New York--Lower Manhattan Access. (39) New York--Manhattan East Side Link. (40) New York--Midtown West Intermodal Terminal. (41) New York--Nassau Hub. (42) New York--North Shore Railroad. (43) New York--Queens West Light Rail Link. (44) New York--St. George's Ferry Intermodal Terminal. (45) Newburgh--LRT System. (46) North Front Range Corridor. (47) Northeast Indianapolis Corridor. (48) Oakland Airport--BART Connector. (49) Providence--Pawtucket Corridor. (50) Philadelphia--Broad Street Line Extension. (51) Philadelphia--Cross County Metro. (52) Philadelphia--Lower Marion Township. (53) Pinellas County--Mobility Initiative Project. (54) Redlands--San Bernardino Transportation Corridor. (55) Riverside--Perris rail passenger service. (56) Salt Lake City--Draper Light Rail Extension. (57) Salt Lake City--West Jordan Light Rail Extension. (58) San Francisco--CalTrain Extension to Hollister. (59) Scranton--Laurel Line Intermodal Corridor. (60) SEATAC--Personal Rapid Transit. (61) Toledo--CBD to Zoo. (62) Union Township Station (Raritan Valley Line). (63) Washington County Corridor (Hastings-St. Paul). (64) Washington, D.C.--Georgetown-Ft. Lincoln. (65) Williamsburg--Newport News-Hampton LRT. (66) Cincinnati/N. Kentucky--Northeast Corridor. (67) Northeast Ohio--commuter rail. (68) California--North Bay Commuter Rail. (c) Project Authorizations.-- (1) In general.--Of the total amount made available by or authorized under section 5338(b) of title 49, United States Code, to carry out section 5309(m)(1)(B) for fiscal years 1998 through 2003: (A) $3,000,000,000 shall be available for the following projects: (i) Birmingham Transit Corridor, $87,500,000. (ii) San Diego-Mission Valley East Corridor, $325,000,000. (iii) Denver-Southeast LRT (I-25 between 6th and Lincoln), $10,000,000. (iv) Colorado-Roaring Fork Valley Rail, $40,000,000. (v) Hartford-Griffin Line, $33,000,000. (vi) Bridgeport-Intermodal Corridor, $34,000,000. (vii) New London-Waterfront Access, $15,000,000. (viii) Old Saybrook-Hartford Rail Extension, $5,000,000. (ix) Stamford-Fixed Guideway Connector, $18,000,000. (x) Orlando-I-4 Central Florida Light Rail System, $100,000,000. (xi) Miami-Palmetto Metrorail, $8,000,000. (xii) Tampa Bay-Regional Rail, $2,000,000. (xiii) Fort Lauderdale-West Palm Beach-Miami Tri-County Commuter Rail, $20,000,000. (xiv) Miami-East-West Multimodal Corridor, $20,000,000. (xv) Chicago-CTA Douglas Branch, $315,000,000. (xvi) Indianapolis Region Commuter Rail, $10,000,000. (xvii) Sioux City-Light Rail, $10,000,000. (xviii) MARC-Commuter Rail Improvements, $185,000,000. (xix) Baltimore-Light Rail Double Track, $120,000,000. (xx) Boston-North Shore Corridor and Blue Line Extension to Beverly, $50,000,000. (xxi) Twin Cities-Transitways Corridors, $120,000,000. (xxii) Twin Cities-Northstar Corridor (Downtown Minneapolis-Anoka County-St. Cloud), $6,000,000. (xxiii) I-35 Commuter Rail, $30,000,000. (xxiv) Las Vegas Corridor, $155,000,000. (xxv) New Jersey-Bergen County Cross County Light Rail, $5,000,000. (xxvi) New Jersey-Trans Hudson Midtown Corridor, $5,000,000. (xxvii) Santa Fe-Eldorado Rail Link, $10,000,000. (xxviii) Albuquerque Alvarado Intermodal Center, $5,000,000. (xxix) Albuquerque Light Rail, $90,000,000. (xxx) New York-Long Island Railroad East Side Access, $353,000,000. (xxxi) New York-Second Avenue Subway, $5,000,000. (xxxii) New York-Whitehall Ferry Terminal, $40,000,000. (xxxiii) New York-St. George's Ferry Intermodal Terminal, $20,000,000. (xxxiv) New York-Nassau Hub, $10,000,000. (xxxv) New Jersey-New York Midtown West Ferry Terminal, $16,300,000. (xxxvi) Cincinnati/Northern Kentucky Corridor, $65,000,000. (xxxvii) Portland South-North Corridor, $25,000,000. (xxxviii) Philadelphia-Schuylkill Valley Metro, $75,000,000. (xxxix) Allegheny County Stage II Light Rail, $100,200,000. (xl) Philadelphia-Pittsburgh High Speed Rail, $10,000,000. (xli) Cumberland/Dauphin County Corridor 1 Commuter Rail, $20,000,000. (xlii) Pittsburgh North Shore-Central Business District, $20,000,000. (xliii) Providence-Boston Commuter, $10,000,000. (xliv) Rhode Island Integrated Intermodal Transportation, $25,000,000. (xlv) Dallas-North Central Extension, $188,000,000. (xlvi) Dallas-Southeast Corridor, $20,000,000. (xlvii) Dallas-Northwest Corridor, $12,000,000. (xlviii) Washington, D.C., Dulles Corridor Extension, $86,000,000. (xlix) Seattle-Tacoma Commuter Rail, $40,000,000. (l) San Joaquin Regional Intermodal Corridor, $14,000,000. (li) Railtran Corridor Light Rail, $12,000,000. (B) The remainder shall be available for projects listed in subsections (a) and (b). (2) Additional funds.-- (A) In general.--The total amount authorized in section 5338(h)(5) of title 49, United States Code, for fiscal years 1999 through 2003 shall be available for projects listed in subsections (a) and (b). (B) Priority for salt lake city olympics.-- (i) In general.--Of the amount authorized to be appropriated under section 5338(h)(5), $640,000,000 is authorized to be appropriated for the Salt Lake City Winter Olympic Games for the following projects: (I) North/South Light Rail. (II) Airport to University of Utah Light Rail. (III) Intermodal Facilities. (IV) Park and Ride Lots. (V) Bus Acquisition. (ii) Government share.--The Government share of the costs of projects assisted under this subparagraph shall not exceed 80 percent. For purposes of determining the nongovernmental share for projects authorized under this subparagraph, highway, aviation, and transit projects shall be considered to be a program of projects. (iii) Use of funds.--Funds provided under this subparagraph shall be available for planning and capital assistance. (3) High priority project.--The Long Island Rail Road East Side Access project shall be given priority consideration by the Secretary for funds made available under paragraph (1)(B). In addition, that project is authorized for construction with funds available under section 5338(h)(5) of title 49, United States Code. (d) Effect of Authorization.-- (1) In general.-- (A) Subsection (a) projects.--Projects authorized by subsection (a) for final design and construction are also authorized for alternatives analysis and preliminary engineering. (B) Subsection (b) projects.--Effective October 1, 2000, projects authorized by subsection (b) for alternatives analysis and preliminary engineering are also authorized for final design and construction. (2) Fixed guideway authorization.--The project authorized by subsection (a)(3) includes an additional 28 rapid rail cars and project scope changes from amounts authorized by the Intermodal Surface Transportation Efficiency Act of 1991. (3) Intermodal center authorizations.--Notwithstanding any other provision of law, each of the following projects are eligible for funding under section 5309(m)(1)(C) of title 49, United States Code: (A) Huntington, West Virginia Intermodal Facility project. (B) Huntsville Intermodal Center project. (e) New Jersey Urban Core Project.-- (1) Allocations.--Section 3031(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2122) is amended by adding at the end the following: ``(3) Allocations.-- ``(A) Rail connection between penn station newark and broad street station, newark.--Of the amounts made available for the New Jersey Urban Core Project under section 5309(m)(1)(B) of title 49, United States Code, for fiscal years 1998 through 2003, the Secretary shall set aside 10 percent, but not more than $5,000,000, per fiscal year for preliminary engineering, design, and construction of the rail connection between Penn Station, Newark and Broad Street Station, Newark. ``(B) Newark--newark international airport--elizabeth transit link.--Of the amounts made available for the New Jersey Urban Core Project under section 5309(m)(1)(B) of title 49, United States Code, for fiscal years 1998 through 2003, the Secretary, after making the set aside under subparagraph (A), shall set aside 10 percent, but not more than $5,000,000, per fiscal year for preliminary engineering, design, and construction of the Newark--Newark International Airport--Elizabeth Transit Link, including construction of the auxiliary New Jersey Transit station, described in subsection (d). ``(C) Light rail connection and alignment within and serving the city of elizabeth.-- [[Page H3864]] Of amounts made available for the New Jersey Urban Core Project under section 5309(m)(1)(B) of title 49, United States Code, for fiscal years 1998 through 2003, the Secretary, after making the set-aside under subparagraphs (A) and (B), shall set aside 10 percent but not more than $5,000,000 per fiscal year for preliminary engineering, design, and construction of the light rail connection and alignment within and serving the city of Elizabeth as described in subsection (d).''. (2) Conforming amendment.--Section 3031(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2122) is amended-- (A) by striking ``section 3(i) of the Federal Transit Act (relating to criteria for new starts)'' and inserting ``section 5309(e) of title 49, United States Code,''; and (B) by striking ``; except'' and all that follows through ``such element''. (3) Elements of new jersey urban core project.--Section 3031(d) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2122) is amended-- (A) by inserting after ``Secaucus Transfer'' the following: ``(including relocation and construction of the Bergen County and Pascack Valley Rail Lines and the relocation of the Main/ Bergen Connection with construction of a rail station and associated components to and at the contiguous New Jersey Meadowlands Sports Complex)''; (B) by striking ``, Newark-Newark International Airport- Elizabeth Transit Link'' and inserting ``(including a connection from the Vince Lombardi Station to Saddlebrook and Edgewater), restoration of commuter rail service along the Northern Branch Line of the West Shore Line, Newark-Newark International Airport-Elizabeth Transit Link (including construction of an auxiliary New Jersey Light Rail Transit station directly connected to and integrated with the Amtrak Northeast Corridor Station at Newark International Airport, providing access from the Newark-Newark International Airport-Elizabeth Light Rail Transit Link to the Newark International Airport)''; and (C) by inserting after ``New York Penn Station Concourse,'' the following: ``the restoration of commuter rail service in Lakewood to Freehold to Matawan or Jamesburg, New Jersey, as described in section 3035(p) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2131), a light rail extension of the Newark-Newark International Airport-Elizabeth Light Rail Transit Link from Elizabeth, New Jersey, to the towns of Cranford, Westfield, Fanwood, and Plainfield in Union County, New Jersey, and any appropriate light rail connections and alignments within the city of Elizabeth to be determined by the city of Elizabeth and the New Jersey Department of Transportation (and which shall include connecting midtown Elizabeth to Route 1 Park and Ride, the Elizabeth Car House Museum, Division Street, Singer Place, Ferry Terminal, Jersey Gardens Mall, Elizabeth Port to Lot D at Newark Airport) and any appropriate fixed guideway system in Passaic County,''. (f) Los Angeles MOS-3 Project.-- (1) In general.--For purposes of this section, the Los Angeles MOS-3 project referenced in subsection (a)(38) may include any fixed guideway project or projects selected by the Los Angeles County Metropolitan Transportation Authority for development in the transportation corridors to be served by the 3 extensions of MOS-3 of the Los Angeles County Metro Rail project, as described in section 3034(i) of the Intermodal Surface Transportation Efficiency Act of 1991. (2) Alternatives.--In considering fixed guideway alternatives and selecting any revised preferred alternative in the East Side or Mid City corridors of MOS-3, the Los Angeles County Metropolitan Transportation Authority shall-- (A) fully evaluate the potential impact of the alternatives on the integrity of the neighborhoods in the corridor involved; (B) address the capacity of the alternatives to serve transit dependent riders; (C) identify and address any disproportionately high and adverse effects on minority and low income populations, in accordance with the Executive Order on Federal Actions to Address Environmental Justice (EO 12898; February 11, 1994); and (D) otherwise comply with all applicable Federal and State planning and environmental requirements. (g) Baltimore-Washington Transportation Improvements Program.--Section 3035(nn) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2134) is amended-- (1) in paragraph (1)-- (A) by inserting ``, and alternatives for double tracking and related improvements'' after ``Penn Station extensions''; (B) by inserting ``shall provide for double tracking and related improvements and'' after ``under this paragraph''; and (C) by inserting after the first sentence the following: ``Funds for projects under this paragraph shall be provided at an 80 percent Government share. In applying the local share evaluation criteria in section 5309, of title 49, United States Code, the Secretary shall compare the aggregate expenditure of State and local funds, including Federal highway funds provided by the State of Maryland, for all phases of the Central Corridor Light Rail project.''; and (2) in paragraph (2)-- (A) in the first sentence, by inserting ``, including capacity and efficiency improvements through construction of a Penn-Camden Connection, MARC maintenance and storage facilities, and other capacity related improvements, and the Silver Spring Intermodal Center'' before the period; and (B) in the second sentence, by inserting ``provide for construction of the Penn-Camden Connection, MARC maintenance and storage facilities, and other capacity related improvements, and the Silver Spring Intermodal Center, and shall'' after ``shall''. SEC. 3031. PROJECTS FOR BUS AND BUS-RELATED FACILITIES. (a) Guaranteed Funding.--Of the amounts made available to carry out section 5309(m)(1)(C) of title 49, United States Code, for each of fiscal years 1999 and 2000, the Secretary shall make funds available for the following projects in not less than the amounts specified for the fiscal year: ------------------------------------------------------------------------ FY 1999 FY 2000 Project (in (in millions) millions) ------------------------------------------------------------------------ 1. Albuquerque, NM buses........................ 1.250 1.250 2. Alexandria, VA bus maintenance facility...... 1.000 1.000 3. Alexandria, VA King Street Station access.... 1.100 0.000 4. Altoona, PA Metro Transit Authority buses and transit system improvements...................... 0.842 0.842 5. Altoona, PA Metro Transit Authority Logan Valley Mall Suburban Transfer Center............. 0.080 0.000 6. Altoona, PA Metro Transit Authority Transit Center improvements.............................. 0.424 0.000 7. Arkansas Highway and Transit Department buses 0.200 2.000 8. Armstrong County-Mid County, PA bus facilities and buses............................. 0.150 0.150 9. Atlanta, GA MARTA buses...................... 9.000 13.500 10. Austin, TX buses............................. 1.250 1.250 11. Babylon, NY Intermodal Center................ 1.250 1.250 12. Birmingham-Jefferson County, AL buses........ 1.250 1.250 13. Boulder/Denver, CO RTD buses................. 0.625 0.625 14. Bradford County, Endless Mountain Transportation Authority buses................... 1.000 0.000 15. Brookhaven Town, NY elderly and disabled buses and vans................................... 0.225 0.000 16. Brooklyn-Staten Island, NY Mobility Enhancement buses................................ 0.800 0.000 17. Broward County, FL buses..................... 1.000 0.000 18. Buffalo, NY Auditorium Intermodal Center..... 2.000 2.000 19. Buffalo, NY Crossroads Intermodal Station.... 1.000 0.000 20. Cambria County, PA bus facilities and buses.. 0.575 0.575 21. Centre Area, PA Transportation Authority buses............................................ 1.250 1.250 22. Chambersburg, PA Transit Authority buses..... 0.300 0.000 23. Chambersburg, PA Transit Authority Intermodal Center........................................... 1.000 0.000 24. Chester County, PA Paoli Transportation Center........................................... 1.000 1.000 25. Altoona, PA Pedestrian Crossover............. .800 0.000 26. Cleveland, OH Triskett Garage bus maintenance facility......................................... 0.625 0.625 27. Crawford Area, PA Transportation buses....... 0.500 0.000 28. Culver City, CA CityBus buses................ 1.250 1.250 29. Davis, CA Unitrans transit maintenance facility......................................... 0.625 0.625 30. Dayton, OH Multimodal Transportation Center.. 0.625 0.625 31. Daytona, FL Intermodal Center................ 2.500 2.500 32. Duluth, MN Transit Authority community circulation vehicles............................. 1.000 1.000 33. Duluth, MN Transit Authority intelligent transportation systems........................... 0.500 0.500 34. Duluth, MN Transit Authority Transit Hub..... 0.500 0.500 35. Dutchess County, NY Loop System buses........ 0.521 0.521 36. East Hampton, NY elderly and disabled buses and vans......................................... 0.100 0.000 37. Erie, PA Metropolitan Transit Authority buses 1.000 1.000 38. Everett, WA Multimodal Transportation Center. 1.950 1.950 39. Fayette County, PA Intermodal Facilities and buses............................................ 1.270 1.270 40. Fayetteville, AR University of Arkansas Transit System buses............................. 0.500 0.500 41. Fort Dodge, IA Intermodal Facility (Phase II) 0.885 0.885 42. Gary, IN Transit Consortium buses............ 1.250 1.250 43. Grant County, WA buses and vans.............. 0.600 0.000 44. Greensboro, NC Multimodal Center............. 3.340 3.339 45. Greensboro, NC Transit Authority buses....... 1.500 1.500 46. Greensboro, NC Transit Authority small buses and vans......................................... 0.321 0.000 47. Hartford, CT Transportation Access Project... 0.800 0.000 48. Healdsburg, CA Intermodal Facility........... 1.000 1.000 49. Honolulu, HI bus facility and buses.......... 2.250 2.250 50. Hot Springs, AR Transportation Depot and Plaza............................................ 0.560 0.560 51. Humboldt, CA Intermodal Facility............. 1.000 0.000 52. Huntington, WV Intermodal Facility........... 8.000 12.000 53. Illinois statewide buses and bus-related equipment........................................ 6.800 8.200 54. Indianapolis, IN buses....................... 5.000 5.000 55. Iowa/Illinois Transit Consortium bus safety and security..................................... 1.000 1.000 56. Ithaca, NY TCAT bus technology improvements.. 1.250 1.250 57. Lackawanna County, PA Transit System buses... 0.600 0.600 58. Lakeland, FL Citrus Connection transit vehicles and related equipment................... 1.250 1.250 59. Lane County, OR Bus Rapid Transit............ 4.400 4.400 60. Lansing, MI CATA bus technology improvements. 0.600 0.000 61. Little Rock, AR Central Arkansas Transit buses............................................ 0.300 0.300 62. Livermore, CA automatic vehicle locator...... 1.000 1.000 63. Long Island, NY CNG transit vehicles and facilities....................................... 1.250 1.250 64. Los Angeles County, CA Foothill Transit buses 1.625 1.250 65. New York, NY West 72nd St. Intermodal Station 1.750 1.750 66. Los Angeles, CA San Fernando Valley smart shuttle buses.................................... 0.300 0.000 67. Los Angeles, CA Union Station Gateway Intermodal Transit Center........................ 1.250 1.250 68. Maryland statewide bus facilities and buses.. 7.000 11.500 69. Rensslear, NY Rensslear Intermodal Bus Facility......................................... 1.000 6.000 70. Mercer County, PA buses...................... 0.750 0.000 71. Miami Beach, FL Electric Shuttle Service..... 0.750 0.750 72. Miami-Dade, FL buses......................... 2.250 2.250 73. Michigan statewide buses..................... 10.000 13.500 74. Milwaukee County, WI buses................... 4.000 6.000 75. Mineola/Hicksville, NY LIRR Intermodal Centers.......................................... 1.250 1.250 76. Modesto, CA bus maintenance facility......... 0.625 0.625 77. Monroe County, PA Transportation Authority buses............................................ 1.000 0.000 78. Monterey, CA Monterey-Salinas buses.......... 0.625 0.625 79. Morongo Basin, CA Transit Authority bus facility......................................... 0.650 0.000 80. New Haven, CT bus facility................... 2.250 2.250 81. New Jersey Transit jitney shuttle buses...... 1.750 1.750 82. Newark, NJ Morris & Essex Station access and buses............................................ 1.250 1.250 83. Northstar Corridor, MN Intermodal Facilities and buses........................................ 6.000 10.000 84. Norwich, CT buses............................ 2.250 2.250 85. Ogden, UT Intermodal Center.................. 0.800 0.800 86. Oklahoma statewide bus facilities and buses.. 5.000 5.000 87. Orlando, FL Downtown Intermodal Facility..... 2.500 2.500 [[Page H3865]] 88. Providence, RI buses and bus maintenance facility......................................... 2.250 3.294 89. Perris, CA bus maintenance facility.......... 1.250 1.250 90. Philadelphia, PA Frankford Transportation Center........................................... 5.000 5.000 91. Philadelphia, PA Intermodal 30th Street Station.......................................... 1.250 1.250 92. Portland, OR Tri-Met buses................... 1.750 1.750 93. Pritchard, AL bus transfer facility.......... 0.500 0.000 94. Reading, PA BARTA Intermodal Transportation Facility......................................... 1.750 1.750 95. Red Rose, PA Transit Bus Terminal............ 1.000 0.000 96. Richmond, VA GRTC bus maintenance facility... 1.250 1.250 97. Riverhead, NY elderly and disabled buses and vans............................................. 0.125 0.000 98. Robinson, PA Towne Center Intermodal Facility 1.500 1.500 99. Rome, NY Intermodal Center................... 0.400 0.000 100. Sacramento, CA CNG buses..................... 1.250 1.250 101. San Francisco, CA Islais Creek Maintenance Facility......................................... 1.250 1.250 102. San Juan, Puerto Rico Intermodal access...... 0.600 0.600 103. Santa Clarita, CA facilities and buses....... 1.250 1.250 104. Santa Cruz, CA bus facility.................. 0.625 0.625 105. Santa Rosa/Cotati, CA Intermodal Transportation Facilities........................ 0.750 0.750 106. Seattle, WA Intermodal Transportation Terminal......................................... 1.250 1.250 107. Shelter Island, NY elderly and disabled buses and vans......................................... 0.100 0.000 108. Smithtown, NY elderly and disabled buses and vans............................................. 0.125 0.000 109. Somerset County, PA bus facilities and buses. 0.175 0.175 110. South Amboy, NJ Regional Intermodal Transportation Initiative........................ 1.250 1.250 111. South Bend, IN Urban Intermodal Transportation Facility.......................... 1.250 1.250 112. South Carolina statewide Virtual Transit Enterprise....................................... 1.220 1.220 113. South Dakota statewide bus facilities and buses............................................ 1.500 1.500 114. Southampton, NY elderly and disabled buses and vans......................................... 0.125 0.000 115. Southold, NY elderly and disabled buses and vans............................................. 0.100 0.000 116. Springfield, MA Union Station................ 1.250 1.250 117. St. Louis, MO Bi-state Intermodal Center..... 1.250 1.250 118. Denver, CO Stapleton Intermodal Center....... 1.250 1.250 119. Suffolk County, NY elderly and disabled buses and vans......................................... 0.100 0.000 120. Texas statewide small urban and rural buses.. 4.000 4.500 121. Towamencin Township, PA Intermodal Bus Transportation Center............................ 1.500 1.500 122. Tuscaloosa, AL Intermodal Center............. 1.000 0.000 123. Ukiah, CA Transportation Center.............. 0.500 0.000 124. Utah Transit Authority, UT Intermodal Facilities....................................... 1.500 1.500 125. Utah Transit Authority/Park City Transit, UT buses............................................ 6.500 6.500 126. Utica, NY Union Station...................... 2.100 2.100 127. Utica and Rome, NY bus facilities and buses.. 0.500 0.000 128. Washington County, PA Intermodal Facilities.. 0.630 0.630 129. Washington, D.C. Intermodal Transportation Center........................................... 2.500 2.500 130. Washoe County, NV transit improvements....... 2.250 2.250 131. Waterbury, CT bus facility................... 2.250 2.250 132. West Virginia statewide Intermodal Facility and buses........................................ 5.000 5.000 133. Westchester County, NY Bee-Line transit system fareboxes................................. 0.979 0.979 134. Westchester County, NY Bee-Line transit system shuttle buses............................. 1.000 1.000 135. Westchester County, NY DOT articulated buses. 1.250 1.250 136. Westmoreland County, PA Intermodal Facility.. 0.200 0.200 137. Wilkes-Barre, PA Intermodal Facility......... 1.250 1.250 138. Williamsport, PA Bus Facility................ 1.200 1.200 139. Windsor, CA Intermodal Facility.............. 0.750 0.750 140. Wisconsin statewide bus facilities and buses. 8.000 12.000 141. Woodland Hills, CA Warner Center Transportation Hub............................... 0.325 0.625 142. Worcester, MA Union Station Intermodal Transportation Center............................ 2.500 2.500 143. Lynchburg, VA buses.......................... 0.200 0.000 144. Harrisonburg, VA buses....................... 0.200 0.000 145. Roanoke, VA buses............................ 0.200 0.000 146. Allegheny County, PA buses................... 0.000 1.500 147. Mount Vernon, WA Multimodal Center........... 1.750 1.750 148. New Bedford/Fall River, MA Mobile Access to health care...................................... 0.250 0.000 149. Philadelphia, PA Regional Transportation System for Elderly and Disabled.................. 0.750 0.000 150. Clark County, NV Regional Transportation Commission....................................... 1.250 1.250 ------------------------------------------------------------------------ (b) General Fund Authorization.--Of the amounts authorized to be appropriated to carry out section 5309(m)(1)(C) of title 49, United States Code, for each of fiscal years 1999 and 2000, there are authorized to be appropriated for the following projects: ------------------------------------------------------------------------ FY 1999 FY 2000 Project (in (in millions) millions) ------------------------------------------------------------------------ 1. Everett, WA Multimodal Transportation Center. 1.000 1.000 2. Rennslear, NY Rennslear Intermodal Bus Facility......................................... 4.000 0.000 3. Rochester, NY Rochester Central Bus Facility. 12.500 12.500 4. Long Beach, NY Long Beach Central Bus Facility......................................... 0.750 0.750 5. Broome County, NY Buses and Related Equipment 2.700 2.700 6. Long Island, NY CNG Transit Vehicles and Facilities....................................... 3.050 3.050 ------------------------------------------------------------------------ SEC. 3032. CONTRACTING OUT STUDY. (a) Study.--Not later than 3 months after the date of enactment of this Act, the Secretary shall enter into an agreement with the Transportation Research Board of the National Academy of Sciences to conduct a study of the effect of contracting out mass transportation operation administrative functions on cost, availability and level of service, efficiency, safety, quality of services provided to transit-dependent populations, and employer-employee relations. (b) Terms of Agreement.--The agreement entered into in subsection (a) shall provide that-- (1) the Transportation Research Board, in conducting the study, consider the number of grant recipients that have contracted out services, the size of the population served by such grant recipients, the basis for decisions regarding contracting out, and the extent to which contracting out was affected by the integration and coordination of resources of transit agencies and other Federal agencies and programs; and (2) the panel conducting the study shall include representatives of transit agencies, employees of transit agencies, private contractors, academic and policy analysts, and other interested persons. (c) Report.--Not later than 24 months after the date of entry into the agreement under subsection (a), 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 containing the results of the study. (d) Funding.--There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out this section $250,000 for fiscal year 1998. (e) Contractual Obligation.--Entry into an agreement to carry out this section that is financed with amounts made available under subsection (c) is a contractual obligation of the United States to pay the Government's share of the cost of the study. SEC. 3033. URBANIZED AREA FORMULA STUDY. (a) Study.--The Secretary shall conduct a study to determine whether the formula for apportioning funds to urbanized areas under section 5336 of title 49, United States Code, accurately reflects the transit needs of the urbanized areas and, if not, whether any changes should be made either to the formula or through some other mechanism to reflect the fact that some urbanized areas with a population between 50,000 and 200,000 have transit systems that carry more passengers per mile or hour than the average of those transit systems in urbanized areas with a population over 200,000. (b) Report.--Not later than December 31, 1999, 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 conducted under this section, together with any proposed changes to the method for apportioning funds to urbanized areas with a population over 50,000. SEC. 3034. COORDINATED TRANSPORTATION SERVICES. (a) Study.--The Comptroller General shall conduct a study of Federal departments and agencies (other than the Department of Transportation) that receive Federal financial assistance for non-emergency transportation services. (b) Contents.--In conducting the study, the Comptroller General shall-- (1) identify each Federal department and agency (other than the Department of Transportation) that has received Federal financial assistance for non-emergency transportation services in any of the 3 fiscal years preceding the date of enactment of this Act; (2) identify the amount of such assistance received by each Federal department and agency in such fiscal years; and (3) identify the projects and activities funded using such financial assistance. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General 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 containing the results of the study and any recommendations for enhanced coordination between the Department of Transportation and other Federal departments and agencies that provide funding for non-emergency transportation. SEC. 3035. FINAL ASSEMBLY OF BUSES. (a) In General.--All buses manufactured on or after September 1, 1999, that are purchased with Federal funds by recipients of assistance from the Federal Transit Administration shall conform with the Federal Transit Administration Guidance on Buy America Requirements, dated March 18, 1997. (b) Rule of Construction.--For purposes of this section, a bus shall be considered to be manufactured on or after September 1, 1999, if the manufacturing process for that bus is not completed on or before August 31, 1999. SEC. 3036. CLEAN FUEL VEHICLES. (a) Study.--The Comptroller General shall conduct a study of the various low and zero emission fuel technologies for transit vehicles, including compressed natural gas, liquefied natural gas, biodiesel fuel, battery, alcohol based fuel, hybrid electric, fuel cell, and clean diesel to determine-- (1) the status of the development and use of such technologies; (2) the environmental benefits of such technologies under the Clean Air Act; and (3) the cost of such technologies and any associated equipment. (b) Report.--Not later than January 1, 2000, the Comptroller General 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, together with recommendations for incentives to encourage the use of low and zero emission fuel technology for transit vehicles. SEC. 3037. JOB ACCESS AND REVERSE COMMUTE GRANTS. (a) Findings.--Congress finds that-- (1) two-thirds of all new jobs are in the suburbs, whereas three-quarters of welfare recipients live in rural areas or central cities; (2) even in metropolitan areas with excellent public transit systems, less than half of the jobs are accessible by transit; (3) in 1991, the median price of a new car was equivalent to 25 weeks of salary for the average worker, and considerably more for the low-income worker; (4) not less than 9,000,000 households and 10,000,000 Americans of driving age, most of whom are low-income workers, do not own cars; (5) 94 percent of welfare recipients do not own cars; (6) nearly 40 percent of workers with annual incomes below $10,000 do not commute by car; [[Page H3866]] (7) many of the 2,000,000 Americans who will have their Temporary Assistance to Needy Families grants (under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)) terminated by the year 2002 will be unable to get to jobs they could otherwise hold; (8) increasing the transit options for low-income workers, especially those who are receiving or who have recently received welfare benefits, will increase the likelihood of those workers getting and keeping jobs; and (9) many residents of cities and rural areas would like to take advantage of mass transit to gain access to suburban employment opportunities. (b) Definitions.--In this section, the following definitions shall apply: (1) Eligible low-income individual.--The term ``eligible low-income individual'' means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved. (2) Eligible project and related terms.-- (A) In general.--The term ``eligible project'' means an access to jobs project or a reverse commute project. (B) Access to jobs project.--The term ``access to jobs project'' means a project relating to the development of transportation services designed to transport welfare recipients and eligible low-income individuals to and from jobs and activities related to their employment. The Secretary may make access to jobs grants for-- (i) capital projects and to finance operating costs of equipment, facilities, and associated capital maintenance items related to providing access to jobs under this section; (ii) promoting the use of transit by workers with nontraditional work schedules; (iii) promoting the use by appropriate agencies of transit vouchers for welfare recipients and eligible low-income individuals under specific terms and conditions developed by the Secretary; and (iv) promoting the use of employer-provided transportation, including the transit pass benefit program under section 132 of the Internal Revenue Code of 1986. (C) Reverse commute project.--The term ``reverse commute project' means a project related to the development of transportation services designed to transport residents of urban areas, urbanized areas, and areas other than urbanized areas to suburban employment opportunities, including any project to-- (i) subsidize the costs associated with adding reverse commute bus, train, carpool, van routes, or service from urban areas, urbanized areas, and areas other than urbanized areas, to suburban workplaces; (ii) subsidize the purchase or lease by a nonprofit organization or public agency of a van or bus dedicated to shuttling employees from their residences to a suburban workplace; or (iii) otherwise facilitate the provision of mass transportation services to suburban employment opportunities. (3) Existing transportation service providers.--The term ``existing transportation service providers'' means mass transportation operators and governmental agencies and nonprofit organizations that receive assistance from Federal, State, or local sources for nonemergency transportation services. (4) Qualified entity.--The term ``qualified entity'' means-- (A) with respect to any proposed eligible project in an urbanized area with a population of at least 200,000, the applicant or applicants selected by the appropriate metropolitan planning organization that meets the requirements of this section, including the planning and coordination requirements in subsection (i), from among local governmental authorities and agencies and nonprofit organizations; and (B) with respect to any proposed eligible project in an urbanized area with a population of at least 200,000, or an area other than an urbanized area, the applicant or applicants selected by the chief executive officer of the State in which the area is located that meets the requirements of this section, including the planning and coordination requirements in subsection (i), from among local governmental authorities and nonprofit organizations. (5) Welfare recipient.--The term ``welfare recipient'' means an individual who receives or received aid or assistance under a State program funded under part A of title IV of the Social Security Act (whether in effect before or after the effective date of the amendments made by title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2110)) at any time during the 3-year period before the date on which the applicant applies for a grant under this section. (c) General Authority.-- (1) In general.--The Secretary may make access to jobs grants and reverse commute grants under this section to assist qualified entities in financing eligible projects. (2) Coordination.--The Secretary shall coordinate activities under this section with related activities under programs of other Federal departments and agencies. (d) Applications.--Each qualified entity seeking to receive a grant under this section for an eligible project shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish. (e) Prohibition.--Grants awarded under this section may not be used for planning or coordination activities. (f) Factors for Consideration.--In awarding grants under this section to applicants under subsection (d), the Secretary shall consider-- (1) the percentage of the population in the area to be served by the applicant that are welfare recipients; (2) in the case of an applicant seeking assistance to finance an access to jobs project, the need for additional services in the area to be served by the applicant (including bicycling) to transport welfare recipients and eligible low- income individuals to and from specified jobs, training, and other employment support services, and the extent to which the proposed services will address those needs; (3) the extent to which the applicant demonstrates-- (A) coordination with, and the financial commitment of, existing transportation service providers; and (B) coordination with the State agency that administers the State program funded under part A of title IV of the Social Security Act; (4) the extent to which the applicant demonstrates maximum utilization of existing transportation service providers and expands transit networks or hours of service, or both; (5) the extent to which the applicant demonstrates an innovative approach that is responsive to identified service needs; (6) the extent to which the applicant-- (A) in the case of an applicant seeking assistance to finance an access to jobs project, presents a regional transportation plan for addressing the transportation needs of welfare recipients and eligible low-income individuals; and (B) identifies long-term financing strategies to support the services under this section; (7) the extent to which the applicant demonstrates that the community to be served has been consulted in the planning process; and (8) in the case of an applicant seeking assistance to finance a reverse commute project, the need for additional services identified in a regional transportation plan to transport individuals to suburban employment opportunities, and the extent to which the proposed services will address those needs. (g) Competitive Grant Selection.--The Secretary shall conduct a national solicitation for applications for grants under this section. Grantees shall be selected on a competitive basis. (h) Cost Sharing.-- (1) Maximum amount.--The amount of a grant under this section may not exceed 50 percent of the total project cost. (2) Nongovernmental share.-- (A) In general.--The portion of the total cost of an eligible project that is not funded under this section-- (i) shall be provided in cash from sources other than revenues from providing mass transportation, but may include amounts received under a service agreement; and (ii) may be derived from amounts appropriated to or made available to a department or agency of the Federal Government (other than the Department of Transportation) that are eligible to be expended for transportation. (B) Inapplicability.--For purposes of subparagraph (A)(ii), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(ii) of the Social Security Act shall not apply to Federal or State funds to be used for transportation services. (i) Planning Requirements.-- (1) In general.--The requirements of sections 5303 through 5306 of title 49, United States Code, apply to any grant made under this section. (2) Coordination.--Each application for a grant under this section shall reflect coordination with and the approval of affected transit grant recipients. The eligible access to jobs projects financed under this section shall be part of a coordinated public transit-human services transportation planning process. (j) Grant Requirements.--A grant under this section shall be subject to-- (1) all of the terms and conditions to which a grant made under section 5307 of title 49, United States Code, is subject; and (2) such other terms and conditions as are determined by the Secretary. (k) Program Evaluation.-- (1) Comptroller general.--Beginning 6 months after the date of enactment of this Act, and every 6 months thereafter, the Comptroller General of the United States shall-- (A) conduct a study to evaluate the grant program authorized under this section; and (B) 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 describing the results of each study under subparagraph (A). (2) Department of transportation.--Not later than 2 years after the date of enactment of this Act, the Secretary shall-- (A) conduct a study to evaluate the access to jobs grant program authorized under this section; and (B) 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 describing the results of the study under subparagraph (A). (l) Authorization and Allocation.-- (1) In general.-- (A) From the trust fund.--There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out this section-- (i) $40,000,000 for fiscal year 1999; (ii) $60,000,000 for fiscal year 2000; (iii) $80,000,000 for fiscal year 2001; (iv) $100,000,000 for fiscal year 2002; and (v) $120,000,000 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 this section-- (i) $10,000,000 for fiscal year 1999; (ii) $15,000,000 for fiscal year 2000; (iii) $20,000,000 for fiscal year 2001; [[Page H3867]] (iv) $25,000,000 for fiscal year 2002; and (v) $30,000,000 for fiscal year 2003. (C) Additional amounts from the general fund.--In addition to amounts made available under subparagraphs (A) and (B), there are authorized to be appropriated to carry out this section-- (i) $100,000,000 for fiscal year 1999; (ii) $75,000,000 for fiscal year 2000; (iii) $50,000,000 for fiscal year 2001; and (iv) $25,000,000 for fiscal year 2002. (2) Set-aside for reverse commute projects.--Of amounts made available by or appropriated under subparagraphs (A) and (B) of paragraph (1) to carry out this section in each fiscal year, not more than $10,000,000 shall be used for grants for reverse commute projects. (3) Allocation.--The amounts made available by or appropriated under paragraph (1) to carry out this section in each fiscal year shall be allocated as follows: (A) 60 percent shall be allocated for eligible projects in urbanized areas with populations of at least 200,000. (B) 20 percent shall be allocated for eligible projects in urbanized areas with populations of at least 200,000. (C) 20 percent shall be allocated for eligible projects in areas other than urbanized areas. SEC. 3038. RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PROGRAM. (a) Definitions.--In this section, the following definitions apply: (1) Intercity, fixed-route over-the-road bus service.--The term ``intercity, fixed-route over-the-road bus service'' means regularly scheduled bus service for the general public, using an over-the-road bus, that-- (A) operates with limited stops over fixed routes connecting 2 or more urban areas not in close proximity; (B) has the capacity for transporting baggage carried by passengers; and (C) makes meaningful connections with scheduled intercity bus service to more distant points. (2) Other over-the-road bus service.--The term ``other over-the-road bus service'' means any other transportation using over-the-road buses including local fixed-route service, commuter service, and charter or tour service (including tour or excursion service that includes features in addition to bus transportation such as meals, lodging, admission to points of interest or special attractions or the services of a tour guide). (3) Over-the-road bus.--The term ``over-the-road bus'' means a bus characterized by an elevated passenger deck located over a baggage compartment. (b) General Authority.--The Secretary shall make grants under this section to operators of over-the-road buses to finance the incremental capital and training costs of complying with the Department of Transportation's final rule regarding accessibility of over-the-road buses required by section 306(a)(2)(B) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12186(a)(2)(B)). (c) Grant Criteria.--In selecting applicants for grants under this section, the Secretary shall consider-- (1) the identified need for over-the-road bus accessibility for persons with disabilities in the areas served by the applicant; (2) the extent to which the applicant demonstrates innovative strategies and financial commitment to providing access to over-the-road buses to persons with disabilities; (3) the extent to which the over-the-road bus operator acquires equipment required by the final rule prior to any required timeframe in the final rule; (4) the extent to which financing the costs of complying with the Department of Transportation's final rule regarding accessibility of over-the-road buses presents a financial hardship for the applicant; and (5) the impact of accessibility requirements on the continuation of over-the-road bus service, with particular consideration of the impact of the requirements on service to rural areas and for low-income individuals. (d) Competitive Grant Selection.--The Secretary shall conduct a national solicitation for applications for grants under this section. Grantees shall be selected on a competitive basis. (e) Federal Share of Costs.--The Federal share of costs under this section shall be provided from funds made available to carry out this section. The Federal share of the costs for a project shall not exceed 50 percent of the project cost. (f) Grant Requirements.--A grant under this section shall be subject to all of the terms and conditions applicable to subrecipients who provide intercity bus transportation under section 5311(f) of title 49, United States Code, and such other terms and conditions as the Secretary may prescribe. (g) Funding.-- (1) Intercity, fixed-route over-the-road bus service.--Of amounts made available by or appropriated under section 5338(a)(2) of title 49, United States Code, (before allocation under section 5338(a)(2)(C) of that title) the following amounts shall be available for operators of intercity, fixed-route over-the-road bus service to finance the incremental capital and training costs of the Department of Transportation's final rule regarding accessibility of over-the-road buses: (A) $2,000,000 for fiscal year 1999. (B) $2,000,000 for fiscal year 2000. (C) $3,000,000 for fiscal year 2001. (D) $5,250,000 for fiscal year 2002. (E) $5,250,000 for fiscal year 2003. (2) Other over-the-road bus service.--Of amounts made available by or appropriated under section 5338(a)(2) of title 49, United States Code, (before allocation under section 5338(a)(2)(C) of that title) $6,800,000 shall be available for each of fiscal years 2000 through 2003 for operators of other over-the-road bus service to finance the incremental capital and training costs of the Department of Transportation's final rule regarding accessibility of over- the-road buses. SEC. 3039. STUDY OF TRANSIT NEEDS IN NATIONAL PARKS AND RELATED PUBLIC LANDS. (a) Purposes.--The purposes of this section are to encourage and promote the development of transportation systems for the betterment of the national parks and other units of the National Park System, national wildlife refuges, recreational areas, and other public lands in order to conserve natural, historical, and cultural resources and prevent adverse impact, relieve congestion, minimize transportation fuel consumption, reduce pollution (including noise and visual pollution), and enhance visitor mobility and accessibility and the visitor experience. (b) Study.-- (1) In general.--The Secretary, in coordination with the Secretary of the Interior, shall undertake a comprehensive study of alternative transportation needs in national parks and related public lands managed by Federal land management agencies in order to carry out the purposes described in subsection (a). The study shall be submitted to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not later than January 1, 2000. (2) Study elements.--The study required by paragraph (1) shall-- (A) identify transportation strategies that improve the management of the national parks and related public lands; (B) identify national parks and related public lands with existing and potential problems of adverse impact, high congestion, and pollution, or which can benefit from alternative transportation modes; (C) assess the feasibility of alternative transportation modes; and (D) identify and estimate the costs of alternative transportation modes for each of the national parks and related public lands referred to in paragraph (1). SEC. 3040. OBLIGATION CEILING. Notwithstanding any other provision of law, the total of all obligations from amounts made available from the Mass Transit Account of the Highway Trust Fund by, and amounts appropriated under, subsections (a) through (f) of section 5338 of title 49, United States Code, and subparagraphs (A) and (B) of section 3037(l)(1) of this Act, shall not exceed-- (1) $5,315,000,000 in fiscal year 1999; (2) $5,798,000,000 in fiscal year 2000; (3) $6,271,000,000 in fiscal year 2001; (4) $6,746,000,000 in fiscal year 2002; and (5) $7,226,000,000 in fiscal year 2003. SEC. 3041. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF 1997. (a) In General.--Notwithstanding any other provision of law, the Secretary shall ensure that the total apportionments and allocations made to a designated grant recipient under section 5338 of title 49, United States Code, for fiscal year 1998 shall be reduced by the amount apportioned to such designated recipient pursuant to section 8 of the Surface Transportation Extension Act of 1997 (111 Stat. 2559). (b) Fixed Guideway Modernization Adjustment.--In making the apportionments described in subsection (a), the Secretary shall adjust the amount apportioned to each urbanized area for fixed guideway modernization for fiscal year 1998 to reflect the method for apportioning funds in section 5337(a) of title 49, United States Code. TITLE IV--MOTOR CARRIER SAFETY SEC. 4001. 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. 4002. STATEMENT OF PURPOSES. (a) In General.--Chapter 311 is amended by inserting before section 31101 the following: ``Sec. 31100. Purpose ``The purpose of this subchapter is to ensure that the Secretary, States, and other political jurisdictions work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient transportation system by-- ``(1) focusing resources on strategic safety investments to promote safe for-hire and private transportation, including transportation of passengers and hazardous materials, to identify high-risk carriers and drivers, and to invest in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes; ``(2) increasing administrative flexibility and developing and enforcing effective, compatible, and cost-beneficial motor carrier, commercial motor vehicle, and driver safety regulations and practices, including improving enforcement of State and local traffic safety laws and regulations; ``(3) assessing and improving statewide program performance by setting program outcome goals, improving problem identification and countermeasures planning, designing appropriate performance standards, measures, and benchmarks, improving performance information and analysis systems, and monitoring program effectiveness; ``(4) ensuring that drivers of commercial motor vehicles and enforcement personnel obtain adequate training in safe operational practices and regulatory requirements; and [[Page H3868]] ``(5) advancing promising technologies and encouraging adoption of safe operational practices.''. (b) Conforming Amendment.--The analysis for chapter 311 is amended by inserting before the item relating to section 31101 the following: ``31100. Purpose.''. SEC. 4003. STATE GRANTS. (a) Definitions.--Section 31101 is amended-- (1) in paragraph (1)(A)-- (A) by inserting ``or gross vehicle weight'' after ``rating''; and (B) by striking ``10,000 pounds'' and inserting ``10,001 pounds, whichever is greater''; and (2) in paragraph (1)(C) by inserting ``and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103'' after ``title''. (b) Performance-Based Grants and Hazardous Materials Transportation Safety.--Section 31102 is amended-- (1) in subsection (a)-- (A) by inserting ``improving motor carrier safety and'' after ``programs for''; and (B) by inserting ``, hazardous materials transportation safety,'' after ``commercial motor vehicle safety''; and (2) in the first sentence of paragraph (b)(1)-- (A) by striking ``adopt and assume responsibility for enforcing'' and inserting ``assume responsibility for improving motor carrier safety and to adopt and enforce''; and (B) by inserting ``, hazardous materials transportation safety,'' after ``commercial motor vehicle safety''. (c) Contents of State Plans.--Section 31102(b)(1) is amended-- (1) in subparagraph (J) by inserting ``(1)'' after ``(c)''; (2) by striking subparagraphs (K), (L), and (M) and inserting the following: ``(K) ensures that the State agency will coordinate the plan, data collection, and information systems with State highway safety programs under title 23; ``(L) ensures participation in SAFETYNET and other information systems by all appropriate jurisdictions receiving funding under this section; ``(M) ensures that information is exchanged among the States in a timely manner;''; (3) in subparagraph (O)-- (A) by inserting after ``activities'' the following: ``in support of national priorities and performance goals, including''; (B) by striking ``to remove'' in clause (i) and inserting ``activities aimed at removing''; (C) by striking ``to provide'' in clause (ii) and inserting ``activities aimed at providing''; (D) by inserting ``and'' after the semicolon at the end of clause (ii); and (E) by striking clauses (iii) and (iv) and inserting the following: ``(iii) interdiction activities affecting the transportation of controlled substances by commercial motor vehicle drivers and training on appropriate strategies for carrying out those interdiction activities;''; (4) by striking subparagraph (P) and inserting the following: ``(P) provides that the State will establish a program to ensure the proper and timely correction of commercial motor vehicle safety violations noted during an inspection carried out with funds authorized under section 31104;''; (5) in subparagraph (Q)-- (A) by striking ``31140 and 31146'' and inserting ``31138 and 31139''; and (B) by striking the period at the end and inserting a semicolon; (6) by redesignating subparagraphs (A) through (Q) as subparagraphs (B) through (R), respectively; (7) by inserting before subparagraph (B) (as redesignated by paragraph (6) of this subsection) the following: ``(A) implements performance-based activities by fiscal year 2000;''; and (8) by adding at the end the following: ``(S) ensures consistent, effective, and reasonable sanctions; and ``(T) ensures that roadside inspections will be conducted at a location that is adequate to protect the safety of drivers and enforcement personnel.''. (d) Federal Share.--Section 31103 is amended-- (1) by inserting ``(a) Commercial Motor Vehicle Safety Programs and Enforcement.--'' before ``The Secretary of Transportation''; (2) by inserting ``improve commercial motor vehicle safety and'' before ``enforce''; and (3) by adding at the end the following: ``(b) Other Activities.--The Secretary may reimburse State agencies, local governments, or other persons up to 100 percent for public education activities authorized by section 31104(f)(2).''. (e) Authorization of Appropriations.--Section 31104(a) is amended to read as follows: ``(a) In General.--The following amounts are made available from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to incur obligations to carry out section 31102: ``(1) Not more than $79,000,000 for fiscal year 1998. ``(2) Not more than $90,000,000 for fiscal year 1999. ``(3) Not more than $95,000,000 for fiscal year 2000. ``(4) Not more than $100,000,000 for fiscal year 2001. ``(5) Not more than $105,000,000 for fiscal year 2002. ``(6) Not more than $110,000,000 for fiscal year 2003.''. (f) Conforming Amendment.--Section 31104(b) is amended by striking ``(1)'' and by striking paragraph (2). (g) Allocation Criteria and Eligibility.--Section 31104 is further amended-- (1) by striking subsections (f) and (g) and inserting the following: ``(f) Allocation Criteria and Eligibility.-- ``(1) In general.--On October 1 of each fiscal year or as soon after that date as practicable and after making the deduction under subsection (e), the Secretary shall allocate amounts made available to carry out section 31102 for such fiscal year among the States with plans approved under section 31102. Such allocation shall be made under such criteria as the Secretary prescribes by regulation. ``(2) High-priority and border activities.-- ``(A) High-priority activities and projects.--The Secretary may designate up to 5 percent of amounts available for allocation under paragraph (1) for States, local governments, and other persons for carrying out high priority activities and projects that improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations, including activities and projects that are national in scope, increase public awareness and education, or demonstrate new technologies. The amounts designated under this subparagraph shall be allocated by the Secretary to State agencies, local governments, and other persons that use and train qualified officers and employees in coordination with State motor vehicle safety agencies. ``(B) Border commercial motor vehicle safety and enforcement programs.--The Secretary may designate up to 5 percent of amounts available for allocation under paragraph (1) for States, local governments, and other persons for carrying out border commercial motor vehicle safety programs and enforcement activities and projects. The amounts designated under this subparagraph shall be allocated by the Secretary to State agencies, local governments, and other persons that use and train qualified officers and employees in coordination with State motor vehicle safety agencies.''; (2) by redesignating subsection (h) as subsection (g); (3) by striking subsection (i); and (4) by redesignating subsection (j) as subsection (h). (h) Savings Clause.--Amendments made by this section shall not affect any funds made available before the date of enactment of this Act. SEC. 4004. INFORMATION SYSTEMS. (a) In General.--Section 31106 is amended to read as follows: ``Sec. 31106. Information systems ``(a) Information Systems and Data Analysis.-- ``(1) In general.--Subject to the provisions of this section, the Secretary shall establish and operate motor carrier, commercial motor vehicle, and driver information systems and data analysis programs to support safety regulatory and enforcement activities required under this title. ``(2) Network coordination.--In cooperation with the States, the information systems under this section shall be coordinated into a network providing accurate identification of motor carriers and drivers, commercial motor vehicle registration and license tracking, and motor carrier, commercial motor vehicle, and driver safety performance data. ``(3) Data analysis capacity and programs.--The Secretary shall develop and maintain under this section data analysis capacity and programs that provide the means to-- ``(A) identify and collect necessary motor carrier, commercial motor vehicle, and driver data; ``(B) evaluate the safety fitness of motor carriers and drivers; ``(C) develop strategies to mitigate safety problems and to use data analysis to address and measure the effectiveness of such strategies and related programs; ``(D) determine the cost-effectiveness of Federal and State safety compliance and enforcement programs and other countermeasures; and ``(E) adapt, improve, and incorporate other information and information systems as the Secretary determines appropriate. ``(4) Standards.--To implement this section, the Secretary shall prescribe technical and operational standards to ensure-- ``(A) uniform, timely, and accurate information collection and reporting by the States and other entities as determined appropriate by the Secretary; ``(B) uniform Federal, State, and local policies and procedures necessary to operate the information system; and ``(C) the reliability and availability of the information to the Secretary and States. ``(b) Performance and Registration Information Program.-- ``(1) Information clearinghouse.--The Secretary shall include, as part of the motor carrier information system authorized by this section, a program to establish and maintain a clearinghouse and repository of information related to State registration and licensing of commercial motor vehicles, the registrants of such vehicles, and the motor carriers operating such vehicles. The clearinghouse and repository may include information on the safety fitness of each of the motor carriers and registrants and other information the Secretary considers appropriate, including information on motor carrier, commercial motor vehicle, and driver safety performance. ``(2) Design.--The program shall link Federal motor carrier safety information systems with State driver and commercial vehicle registration and licensing systems and shall be designed to enable a State to-- ``(A) determine the safety fitness of a motor carrier or registrant when licensing or registering the registrant or motor carrier or while the license or registration is in effect; and ``(B) decide, in cooperation with the Secretary, whether and what types of sanctions or operating limitations to impose on the motor carrier or registrant to ensure safety. [[Page H3869]] ``(3) Conditions for participation.--The Secretary shall require States, as a condition of participation in the program, to-- ``(A) comply with the uniform policies, procedures, and technical and operational standards prescribed by the Secretary under subsection (a)(4); and ``(B) possess or seek authority to impose commercial motor vehicle registration sanctions on the basis of a Federal safety fitness determination. ``(4) Funding.--The Secretary may make available up to 50 percent of the amounts available to carry out this section by section 31107 in each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003 to carry out this subsection. The Secretary is encouraged to direct no less than 80 percent of amounts made available to carry out this subsection to States that have not previously received financial assistance to develop or implement the information systems authorized by this section. ``(c) Commercial Motor Vehicle Driver Safety Program.--In coordination with the information system under section 31309, the Secretary is authorized to establish a program to improve commercial motor vehicle driver safety. The objectives of the program shall include-- ``(1) enhancing the exchange of driver licensing information among the States, the Federal Government, and foreign countries; ``(2) providing information to the judicial system on commercial motor vehicle drivers; ``(3) evaluating any aspect of driver performance that the Secretary determines appropriate; and ``(4) developing appropriate strategies and countermeasures to improve driver safety. ``(d) Cooperative Agreements, Grants, and Contracts.--The Secretary may carry out this section either independently or in cooperation with other Federal departments, agencies, and instrumentalities, or by making grants to, and entering into contracts and cooperative agreements with, States, local governments, associations, institutions, corporations, and other persons. ``(e) Information Availability and Privacy Protection Policy.--The Secretary shall develop a policy on making information available from the information systems authorized by this section and section 31309. The policy shall be consistent with existing Federal information laws, including regulations, and shall provide for review and correction of such information in a timely manner.''. (b) Contract Authority Funding.--Section 31107 is amended to read as follows: ``Sec. 31107. Contract authority funding for information systems ``(a) Funding.--There shall be available from the Highway Trust Fund (other than the Mass Transit Account) to carry out sections 31106 and 31309 of this title-- ``(1) $6,000,000 for fiscal year 1998; ``(2) $10,000,000 for each of fiscal years 1999 and 2000; and ``(3) $12,000,000 for each of fiscal years 2001 through 2002. ``(4) $15,000,000 for fiscal year 2003. The amounts made available under this subsection shall remain available until expended. ``(b) Contract Authority.--Approval by the Secretary of a grant with funds made available under this section imposes upon the United States Government a contractual obligation for payment of the Government's share of costs incurred in carrying out the objectives of the grant.''. (c) Subchapter Heading.--The heading for subchapter I of chapter 311 is amended by inserting after ``GRANTS'' the following: ``AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS''. (d) Conforming Amendments.--The analysis for chapter 311 is amended-- (1) by striking ``SUBCHAPTER I--STATE GRANTS'' and inserting ``SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS''; and (2) by striking the items relating to sections 31106 and 31107 and inserting the following: ``31106. Information systems. ``31107. Contract authority funding for information systems.''. SEC. 4005. AUTOMOBILE TRANSPORTER DEFINED. Section 31111(a) is amended-- (1) by striking ``section--'' and inserting ``section, the following definitions apply:''; (2) by inserting after ``(1)'' the following: ``Maxi-cube vehicle.--The term''; (3) by inserting after ``(2)'' the following: ``Truck tractor.--The term''; (4) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (5) by inserting before paragraph (2), as so redesignated, the following: ``(1) Automobile transporter.--The term `automobile transporter' means any vehicle combination designed and used specifically for the transport of assembled highway vehicles, including truck camper units.''. SEC. 4006. INSPECTIONS AND REPORTS. (a) General Powers of the Secretary.--Section 31133(a)(1) is amended by inserting ``and make contracts for'' after ``conduct''. (b) Reports and Records.--Section 504(c) is amended by inserting ``(and, in the case of a motor carrier, a contractor)'' after ``employee''. SEC. 4007. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS. (a) In General.--Section 31315 is amended to read as follows: ``Sec. 31315. Waivers, exemptions, and pilot programs ``(a) Waivers.--The Secretary may grant a waiver that relieves a person from compliance in whole or in part with a regulation issued under this chapter or section 31136 if the Secretary determines that it is in the public interest to grant the waiver and that the waiver is likely to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver-- ``(1) for a period not in excess of 3 months; ``(2) limited in scope and circumstances; ``(3) for nonemergency and unique events; and ``(4) subject to such conditions as the Secretary may impose. ``(b) Exemptions.-- ``(1) In general.--Upon receipt of a request pursuant to paragraph (3), the Secretary of Transportation may grant to a person or class of persons an exemption from a regulation prescribed under this chapter or section 31136 if the Secretary finds such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. An exemption may be granted for no longer than 2 years from its approval date and may be renewed upon application to the Secretary. ``(2) Authority to revoke exemption.--The Secretary shall immediately revoke an exemption if-- ``(A) the person fails to comply with the terms and conditions of such exemption; ``(B) the exemption has resulted in a lower level of safety than was maintained before the exemption was granted; or ``(C) continuation of the exemption would not be consistent with the goals and objectives of this chapter or section 31136, as the case may be. ``(3) Requests for exemption.--Not later than 180 days after the date of enactment of this section and after notice and an opportunity for public comment, the Secretary shall specify by regulation the procedures by which a person may request an exemption. Such regulations shall, at a minimum, require the person to provide the following information for each exemption request: ``(A) The provisions from which the person requests exemption. ``(B) The time period during which the requested exemption would apply. ``(C) An analysis of the safety impacts the requested exemption may cause. ``(D) The specific countermeasures the person would undertake to ensure an equivalent or greater level of safety than would be achieved absent the requested exemption. ``(4) Notice and comment.-- ``(A) Upon receipt of a request.--Upon receipt of an exemption request, the Secretary shall publish in the Federal Register a notice explaining the request that has been filed and shall give the public an opportunity to inspect the safety analysis and any other relevant information known to the Secretary and to comment on the request. This subparagraph does not require the release of information protected by law from public disclosure. ``(B) Upon granting a request.--Upon granting a request for exemption, the Secretary shall publish in the Federal Register the name of the person granted the exemption, the provisions from which the person will be exempt, the effective period, and all terms and conditions of the exemption. ``(C) After denying a request.--After denying a request for exemption, the Secretary shall publish in the Federal Register the name of the person denied the exemption and the reasons for such denial. The Secretary may meet the requirement of this subparagraph by periodically publishing in the Federal Register the names of persons denied exemptions and the reasons for such denials. ``(5) Applications to be dealt with promptly.--The Secretary shall grant or deny an exemption request after a thorough review of its safety implications, but in no case later than 180 days after the filing date of such request. ``(6) Terms and conditions.--The Secretary shall establish terms and conditions for each exemption to ensure that it will likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. The Secretary shall monitor the implementation of the exemption to ensure compliance with its terms and conditions. ``(7) Notification of state compliance and enforcement personnel.--Before granting a request for exemption, the Secretary shall notify State safety compliance and enforcement personnel, including roadside inspectors, and the public that a person will be operating pursuant to an exemption and any terms and conditions that will apply to the exemption. ``(c) Pilot Programs.-- ``(1) In general.--The Secretary may conduct pilot programs to evaluate alternatives to regulations relating to, or innovative approaches to, motor carrier, commercial motor vehicle, and driver safety. Such pilot programs may include exemptions from a regulation prescribed under this chapter or section 31136 if the pilot program contains, at a minimum, the elements described in paragraph (2). The Secretary shall publish in the Federal Register a detailed description of each pilot program, including the exemptions to be considered, and provide notice and an opportunity for public comment before the effective date of the program. ``(2) Program elements.--In proposing a pilot program and before granting exemptions for purposes of a pilot program, the Secretary shall require, as a condition of approval of the project, that the safety measures in the project are designed to achieve a level of safety that is equivalent to, or greater than, the level of safety that would otherwise be achieved through compliance with the regulations prescribed under this chapter or section 31136. The Secretary shall include, at a minimum, the following elements in each pilot program plan: [[Page H3870]] ``(A) A scheduled life of each pilot program of not more than 3 years. ``(B) A specific data collection and safety analysis plan that identifies a method for comparison. ``(C) A reasonable number of participants necessary to yield statistically valid findings. ``(D) An oversight plan to ensure that participants comply with the terms and conditions of participation. ``(E) Adequate countermeasures to protect the health and safety of study participants and the general public. ``(F) A plan to inform State partners and the public about the pilot program and to identify approved participants to safety compliance and enforcement personnel and to the public. ``(3) Authority to revoke participation.--The Secretary shall immediately revoke participation in a pilot program of a motor carrier, commercial motor vehicle, or driver for failure to comply with the terms and conditions of the pilot program or if continued participation would not be consistent with the goals and objectives of this chapter or section 31136, as the case may be. ``(4) Authority to terminate program.--The Secretary shall immediately terminate a pilot program if its continuation would not be consistent with the goals and objectives of this chapter or section 31136, as the case may be. ``(5) Report to congress.--At the conclusion of each pilot program, the Secretary shall report to Congress the findings, conclusions, and recommendations of the program, including suggested amendments to laws and regulations that would enhance motor carrier, commercial motor vehicle, and driver safety and improve compliance with national safety standards. ``(d) Preemption of State Rules.--During the time period that a waiver, exemption, or pilot program is in effect under this chapter or section 31136, no State shall enforce any law or regulation that conflicts with or is inconsistent with the waiver, exemption, or pilot program with respect to a person operating under the waiver or exemption or participating in the pilot program.''. (b) Chapter Analysis Amendment.--The analysis for chapter 313 is amended by striking the item relating to section 31315 and inserting the following: ``31315. Waivers, exemptions, and pilot programs.''. (c) Conforming Amendment.--Section 31136(e) of such title is amended to read as follows: ``(e) Exemptions.--The Secretary may grant in accordance with section 31315 waivers and exemptions from, or conduct pilot programs with respect to, any regulations prescribed under this section.''. (d) Protection of Existing Exemptions.--The amendments made by this section shall not apply to or otherwise affect a waiver, exemption, or pilot program in effect on the day before the date of enactment of this Act under chapter 313 or section 31136(e) of title 49, United States Code. SEC. 4008. SAFETY REGULATION. (a) Commercial Motor Vehicle Defined.--Section 31132(1) is amended-- (1) in subparagraph (A)-- (A) by inserting ``or gross vehicle weight'' after ``rating''; and (B) by inserting ``, whichever is greater'' after ``pounds''; and (2) in subparagraph (B) by striking ``passengers'' and all that follows through the semicolon at the end and inserting ``more than 8 passengers (including the driver) for compensation;''. (b) Application of Regulations to Certain Commercial Motor Vehicles.--Effective on the last day of the 1-year period beginning on the date of enactment of this Act, regulations prescribed under section 31136 of title 49, United States Code, shall apply to operators of commercial motor vehicles described in section 31132(1)(B) of such title (as amended by subsection (a)) to the extent that those regulations did not apply to those operators on the day before such effective date, except to the extent that the Secretary determines, through a rulemaking proceeding, that it is appropriate to exempt such operators of commercial motor vehicles from the application of those regulations. (c) Repeal of Review Panel.--Section 31134, and the item relating to such section in the analysis for chapter 311, are repealed. (d) Repeal of Submission to Review Panel.--Section 31140, and the item relating to such section in the analysis for chapter 311, are repealed. (e) Review Procedure.--Section 31141 is amended-- (1) by striking subsections (b) and (c) and inserting the following: ``(b) Submission of Regulation.--A State receiving funds made available under section 31104 that enacts a State law or issues a regulation on commercial motor vehicle safety shall submit a copy of the law or regulation to the Secretary immediately after the enactment or issuance. ``(c) Review and Decisions by Secretary.-- ``(1) Review.--The Secretary shall review State laws and regulations on commercial motor vehicle safety. The Secretary shall decide whether the State law or regulation-- ``(A) has the same effect as a regulation prescribed by the Secretary under section 31136; ``(B) is less stringent than such regulation; or ``(C) is additional to or more stringent than such regulation. ``(2) Regulations with same effect.--If the Secretary decides a State law or regulation has the same effect as a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may be enforced. ``(3) Less stringent regulations.--If the Secretary decides a State law or regulation is less stringent than a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may not be enforced. ``(4) Additional or more stringent regulations.--If the Secretary decides a State law or regulation is additional to or more stringent than a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may be enforced unless the Secretary also decides that-- ``(A) the State law or regulation has no safety benefit; ``(B) the State law or regulation is incompatible with the regulation prescribed by the Secretary; or ``(C) enforcement of the State law or regulation would cause an unreasonable burden on interstate commerce. ``(5) Consideration of effect on interstate commerce.--In deciding under paragraph (4) whether a State law or regulation will cause an unreasonable burden on interstate commerce, the Secretary may consider the effect on interstate commerce of implementation of that law or regulation with the implementation of all similar laws and regulations of other States.''; (2) by striking subsection (e); and (3) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively. (f) Inspection of Safety Equipment.--Section 31142(a) is amended by striking ``part 393 of title 49, Code of Federal Regulations'' and inserting ``the regulations issued under section 31136''. (g) Protection of States Participating in State Groups.-- Section 31142(c)(1)(C) is amended to read as follows: ``(C) prevent a State from participating in the activities of a voluntary group of States enforcing a program for inspection of commercial motor vehicles; or''. SEC. 4009. SAFETY FITNESS. (a) In General.--Section 31144 is amended to read as follows: ``Sec. 31144. Safety fitness of owners and operators ``(a) In General.--The Secretary shall-- ``(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles; ``(2) periodically update such safety fitness determinations; ``(3) make such final safety fitness determinations readily available to the public; and ``(4) prescribe by regulation penalties for violations of this section consistent with section 521. ``(b) Procedure.--The Secretary shall maintain by regulation a procedure for determining the safety fitness of an owner or operator. The procedure shall include, at a minimum, the following elements: ``(1) Specific initial and continuing requirements with which an owner or operator must comply to demonstrate safety fitness. ``(2) A methodology the Secretary will use to determine whether an owner or operator is fit. ``(3) Specific time frames within which the Secretary will determine whether an owner or operator is fit. ``(c) Prohibited Transportation.-- ``(1) In general.--Except as provided in sections 521(b)(5)(A) and 5113 and this subsection, an owner or operator who the Secretary determines is not fit may not operate commercial motor vehicles in interstate commerce beginning on the 61st day after the date of such fitness determination and until the Secretary determines such owner or operator is fit. ``(2) Owners or operators transporting passengers.--With regard to owners or operators of commercial motor vehicles designed or used to transport passengers, an owner or operator who the Secretary determines is not fit may not operate in interstate commerce beginning on the 46th day after the date of such fitness determination and until the Secretary determines such owner or operator is fit. ``(3) Owners or operators transporting hazardous material.--With regard to owners or operators of commercial motor vehicles designed or used to transport hazardous material for which placarding of a motor vehicle is required under regulations prescribed under chapter 51, an owner or operator who the Secretary determines is not fit may not operate in interstate commerce beginning on the 46th day after the date of such fitness determination and until the Secretary determines such owner or operator is fit. ``(4) Secretary's discretion.--Except for owners or operators described in paragraphs (2) and (3), the Secretary may allow an owner or operator who is not fit to continue operating for an additional 60 days after the 61st day after the date of the Secretary's fitness determination, if the Secretary determines that such owner or operator is making a good faith effort to become fit. ``(d) Review of Fitness Determinations.-- ``(1) In general.--Not later than 45 days after an unfit owner or operator requests a review, the Secretary shall review such owner's or operator's compliance with those requirements with which the owner or operator failed to comply and resulted in the Secretary determining that the owner or operator was not fit. ``(2) Owners or operators transporting passengers.--Not later than 30 days after an unfit owner or operator of commercial motor vehicles designed or used to transport passengers requests a review, the Secretary shall review such owner's or operator's compliance with those requirements with which the owner or operator failed to comply and resulted in the Secretary determining that the owner or operator was not fit. ``(3) Owners or operators transporting hazardous material.--Not later than 30 days after an unfit owner or operator of commercial motor vehicles designed or used to transport [[Page H3871]] hazardous material for which placarding of a motor vehicle is required under regulations prescribed under chapter 51, the Secretary shall review such owner's or operator's compliance with those requirements with which the owner or operator failed to comply and resulted in the Secretary determining that the owner or operator was not fit. ``(e) Prohibited Government Use.--A department, agency, or instrumentality of the United States Government may not use to provide any transportation service an owner or operator who the Secretary has determined is not fit until the Secretary determines such owner or operator is fit.''. (b) Conforming Amendment.--Section 5113 is amended by striking subsections (a), (b), (c), and (d) and inserting the following: ``See section 31144.''. SEC. 4010. REPEAL OF CERTAIN OBSOLETE MISCELLANEOUS AUTHORITIES. Subchapter IV of chapter 311 (including sections 31161 and 31162), and the items relating to such subchapter and sections in the analysis for chapter 311, are repealed. SEC. 4011. COMMERCIAL VEHICLE OPERATORS. (a) Commercial Motor Vehicle Defined.--Section 31301(4) is amended-- (1) in subparagraph (A)-- (A) by inserting ``or gross vehicle weight'' after ``rating'' the first 2 places it appears; and (B) by inserting ``, whichever is greater,'' after ``pounds'' the first place it appears; and (2) in subparagraph (C)(ii)-- (A) by inserting ``is'' before ``transporting'' each place it appears; and (B) by inserting ``is'' before ``not otherwise''. (b) Prohibition on CMV Operation Without CDL.-- (1) In general.--Section 31302 of such title is amended to read as follows: ``Sec. 31302. Commercial driver's license requirement ``No individual shall operate a commercial motor vehicle without a valid commercial driver's license issued in accordance with section 31308. An individual operating a commercial motor vehicle may have only one driver's license at any time.''. (2) Conforming amendment.--The item relating to section 31302 in the analysis for chapter 313 is amended to read as follows: ``31302. Commercial driver's license requirement.''. (c) Unique Identifiers in CDLs.-- (1) In general.--Section 31308(2) is amended by inserting before the semicolon ``and each license issued after January 1, 2001, include unique identifiers (which may include biometric identifiers) to minimize fraud and duplication''. (2) Deadline for issuance of regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out the amendment made by paragraph (1). (d) Commercial Driver's License Information System.-- Section 31309 of such title is amended-- (1) in subsection (a) by striking ``make an agreement under subsection (b) of this section for the operation of, or establish under subsection (c) of this section,'' and inserting ``maintain''; (2) by inserting after the first sentence of subsection (a) the following: ``The system shall be coordinated with activities carried out under section 31106.''; (3) by striking subsections (b) and (c); (4) by striking subsection (d)(2) and inserting the following: ``(2) The information system under this section must accommodate any unique identifiers required to minimize fraud or duplication of a commercial driver's license under section 31308(2).''; (5) by striking subsection (e) and inserting the following: ``(e) Availability of Information.--Information in the information system shall be made available and subject to review and correction in accordance with the policy developed under section 31106(e).''; (6) in subsection (f) by striking ``If the Secretary establishes an information system under this section, the'' and inserting ``The''; (7) by striking ``shall'' in the first sentence of subsection (f) and inserting ``may''; and (8) by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively. (e) Requirements for State Participation.--Section 31311(a) is amended-- (1) in paragraph (15) by striking ``section 31310(b)-(e) of this title'' and inserting ``subsections (b)-(e), (g)(1)(A), and (g)(2) of section 31310''; (2) by striking paragraph (17); and (3) by redesignating paragraph (18) as paragraph (17). (f) Repeal of Obsolete Grant Programs.--Sections 31312 and 31313, and the items relating to such sections in the analysis for chapter 313, are repealed. (g) Updating Amendments.--Section 31314 is amended-- (1) by striking ``(2), (5), and (6)'' each place it appears in subsections (a) and (b) and inserting ``(3), and (5)''; (2) in subsection (c) by striking ``(1) Amounts'' and all that follows through ``(2) Amounts'' and inserting ``Amounts''; (3) by striking subsection (d); and (4) by redesignating subsection (e) as subsection (d). SEC. 4012. EXEMPTION FROM CERTAIN REGULATIONS FOR UTILITY SERVICE COMMERCIAL MOTOR VEHICLE DRIVERS. (a) In General.--Section 31502 is amended by adding at the end the following: ``(e) Exception.-- ``(1) In general.--Notwithstanding any other provision of law, regulations issued under this section or section 31136 regarding-- ``(A) maximum driving and on-duty times applicable to operators of commercial motor vehicles, ``(B) physical testing, reporting, or recordkeeping, and ``(C) the installation of automatic recording devices associated with establishing the maximum driving and on-duty times referred to in subparagraph (A), shall not apply to any driver of a utility service vehicle during an emergency period of not more than 30 days declared by an elected State or local government official under paragraph (2) in the area covered by the declaration. ``(2) Declaration of emergency.--An elected State or local government official or elected officials of more than one State or local government jointly may issue an emergency declaration for purposes of paragraph (1) after notice to the Regional Director of the Federal Highway Administration with jurisdiction over the area covered by the declaration. ``(3) Incident report.--Within 30 days after the end of the declared emergency period the official who issued the emergency declaration shall file with the Regional Director a report of each safety-related incident or accident that occurred during the emergency period involving-- ``(A) a utility service vehicle driver to which the declaration applied; or ``(B) a utility service vehicle of the driver to which the declaration applied. ``(4) Definitions.--In this subsection, the following definitions apply: ``(A) Driver of a utility service vehicle.--The term `driver of a utility service vehicle' means any driver who is considered to be a driver of a utility service vehicle for purposes of section 345(a)(4) of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat. 613). ``(B) Utility service vehicle.--The term `utility service vehicle' has the meaning that term has under section 345(e)(6) of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat 614-615).''. (b) Continued Application of Safety and Maintenance Requirements.-- (1) In general.--The amendment made by subsection (a) may not be construed-- (A) to exempt any utility service vehicle from compliance with any applicable provision of law relating to vehicle mechanical safety, maintenance requirements, or inspections; or (B) to exempt any driver of a utility service vehicle from any applicable provision of law (including any regulation) established for the issuance, maintenance, or periodic renewal of a commercial driver's license for that driver. (2) Definitions.--In this subsection, the following definitions apply: (A) Commercial driver's license.--The term ``commercial driver's license'' has the meaning that term has under section 31301 of title 49, United States Code. (B) Driver of a utility service vehicle.--The term ``driver of a utility service vehicle'' has the meaning that term has under section 31502(e)(2) of such title. (C) Regulation.--The term ``regulation'' has the meaning that term has under section 31132 of such title. (D) Utility service vehicle.--The term ``utility service vehicle'' has the meaning that term has under section 345(e)(6) of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat. 614-615). SEC. 4013. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL FUEL TAX AGREEMENT. Sections 31702, 31703, and 31708, and the items relating to such sections in the analysis for chapter 317, are repealed. SEC. 4014. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS; LIMITATION ON LIABILITY. (a) In General.-- (1) In general.--Chapter 5 is amended by adding at the end the following: ``Sec. 508. Safety performance history of new drivers; limitation on liability ``(a) Limitation on Liability.--No action or proceeding for defamation, invasion of privacy, or interference with a contract that is based on the furnishing or use of safety performance records in accordance with regulations issued by the Secretary may be brought against-- ``(1) a motor carrier requesting the safety performance records of an individual under consideration for employment as a commercial motor vehicle driver as required by and in accordance with regulations issued by the Secretary; ``(2) a person who has complied with such a request; or ``(3) the agents or insurers of a person described in paragraph (1) or (2). ``(b) Restrictions on Applicability.-- ``(1) Motor carrier requesting.--Subsection (a) does not apply to a motor carrier requesting safety performance records unless-- ``(A) the motor carrier and any agents of the motor carrier have complied with the regulations issued by the Secretary in using the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records; ``(B) the motor carrier and any agents and insurers of the motor carrier have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly involved in deciding whether to hire that individual; and ``(C) the motor carrier has used those records only to assess the safety performance of the individual who is the subject of those records in deciding whether to hire that individual. ``(2) Person complying with requests.--Subsection (a) does not apply to a person complying with a request for safety performance records unless-- [[Page H3872]] ``(A) the complying person and any agents of the complying person have taken all precautions reasonably necessary to ensure the accuracy of the records and have complied with the regulations issued by the Secretary in furnishing the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records; and ``(B) the complying person and any agents and insurers of the complying person have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly involved in forwarding the records. ``(3) Persons knowingly furnishing false information.-- Subsection (a) does not apply to persons who knowingly furnish false information. ``(c) Preemption of State and Local Law.--No State or political subdivision thereof may enact, prescribe, issue, continue in effect, or enforce any law (including any regulation, standard, or other provision having the force and effect of law) that prohibits, penalizes, or imposes liability for furnishing or using safety performance records in accordance with regulations issued by the Secretary to carry out this section. Notwithstanding any provision of law, written authorization shall not be required to obtain information on the motor vehicle driving record of an individual under consideration for employment with a motor carrier.''. (2) Conforming amendment.--The analysis for chapter 5 is amended by inserting after the item relating to section 507 the following: ``508. Safety performance history of new drivers; limitation on liability.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 31, 1999. (c) Safety Performance History of New Drivers.-- (1) Matters to be included.--As part of the rulemaking that the Secretary is conducting under section 114 of the Hazardous Materials Transportation Authorization Act of 1994 (108 Stat. 1677-1678) to amend section 391.23 of title 49, Code of Federal Regulations (or successor regulations thereto), the Secretary shall amend such section 391.23 (in addition to the matters set forth in such section 114) to provide protection for driver privacy and to establish procedures for review, correction, and rebuttal of the safety performance records of a commercial motor vehicle driver. (2) Completion.--The rulemaking and the amendments referred to in paragraph (1) shall be completed by January 31, 1999. SEC. 4015. PENALTIES. (a) Notification of Violations and Enforcement Procedures.--Section 521(b)(1) is amended-- (1) in the third sentence of subparagraph (A) by striking ``fix a reasonable time for abatement of the violation,''; and (2) by striking subparagraph (B) and inserting the following: ``(B) Nonapplicability to reporting and recordkeeping violations.--Subparagraph (A) shall not apply to reporting and recordkeeping violations.''. (b) Civil Penalties.--Section 521(b)(2) is amended-- (1) by striking subparagraph (A) and inserting the following: ``(A) In general.--Except as otherwise provided in this subsection, any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act that is a violation of regulations issued by the Secretary under subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each offense. Notwithstanding any other provision of this section (except subparagraph (C)), no civil penalty shall be assessed under this section against an employee for a violation in an amount exceeding $2,500.''; (2) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (3) by inserting after subparagraph (A) the following: ``(B) Recordkeeping and reporting violations.--A person required to make a report to the Secretary, answer a question, or make, prepare, or preserve a record under section 504 of this title or under any regulation issued by the Secretary pursuant to subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title about transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, or an officer, agent, or employee of that person-- ``(i) who does not make that report, does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary requires the question to be answered, or does not make, prepare, or preserve that record in the form and manner prescribed by the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $500 for each offense, and each day of the violation shall constitute a separate offense, except that the total of all civil penalties assessed against any violator for all offenses related to any single violation shall not exceed $5,000; or ``(ii) who knowingly falsifies, destroys, mutilates, or changes a required report or record, knowingly files a false report with the Secretary, knowingly makes or causes or permits to be made a false or incomplete entry in that record about an operation or business fact or transaction, or knowingly makes, prepares, or preserves a record in violation of a regulation or order of the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $5,000 for each violation, if any such action can be shown to have misrepresented a fact that constitutes a violation other than a reporting or recordkeeping violation.''. (c) Conforming Amendments.--Section 522 is amended by striking ``(a)'' and by striking subsection (b). SEC. 4016. AUTHORITY OVER CHARTER BUS TRANSPORTATION. Section 14501(a) is amended to read as follows: ``(a) Motor Carriers of Passengers.-- ``(1) Limitation on state law.--No State or political subdivision thereof and no interstate agency or other political agency of 2 or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to ``(A) scheduling of interstate or intrastate transportation (including discontinuance or reduction in the level of service) provided by a motor carrier of passengers subject to jurisdiction under subchapter I of chapter 135 of this title on an interstate route; ``(B) the implementation of any change in the rates for such transportation or for any charter transportation except to the extent that notice, not in excess of 30 days, of changes in schedules may be required; or ``(C) the authority to provide intrastate or interstate charter bus transportation. This paragraph shall not apply to intrastate commuter bus operations. ``(2) Matters not covered.--Paragraph (1) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle, or the authority of a State to regulate carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self- insurance authorization.''. SEC. 4017. TELEPHONE HOTLINE FOR REPORTING SAFETY VIOLATIONS. (a) In General.--For a period of not less than 2 years beginning on or before the 90th day following the date of enactment of this Act, the Secretary shall establish, maintain, and promote the use of a nationwide toll-free telephone system to be used by drivers of commercial motor vehicles and others to report potential violations of Federal motor carrier safety regulations. (b) Monitoring.--The Secretary shall monitor reports received by the telephone system and may consider nonfrivolous information provided by such reports in setting priorities for motor carrier safety audits and other enforcement activities. (c) Protection of Persons Reporting Violations.-- (1) Prohibition.--A person reporting a potential violation to the telephone system while acting in good faith may not be discharged, disciplined, or discriminated against regarding pay, terms, or privileges of employment because of the reporting of such violation. (2) Applicability of section 31105 of title 49.--For purposes of section 31105 of title 49, United States Code, a violation or alleged violation of paragraph (1) shall be treated as a violation of section 31105(a) of such title. (d) Funding.--From amounts set aside under section 104(a) of title 23, United States Code, the Secretary may use not more than $250,000 for each of fiscal years 1999 through 2003 to carry out this section. SEC. 4018. INSULIN TREATED DIABETES MELLITUS. (a) Determination.--Not later than 18 months after the date of enactment of this Act, the Secretary shall determine whether a practicable and cost-effective screening, operating, and monitoring protocol could likely be developed for insulin treated diabetes mellitus individuals who want to operate commercial motor vehicles in interstate commerce that would ensure a level of safety equal to or greater than that achieved with the current prohibition on individuals with insulin treated diabetes mellitus driving such vehicles. (b) Compilation and Evaluation.--Prior to making the determination in subsection (a), the Secretary shall compile and evaluate research and other information on the effects of insulin treated diabetes mellitus on driving performance. In preparing the compilation and evaluation, the Secretary shall, at a minimum-- (1) consult with States that have developed and are implementing a screening process to identify individuals with insulin treated diabetes mellitus who may obtain waivers to drive commercial motor vehicles in intrastate commerce; (2) evaluate the Department's policy and actions to permit certain insulin treated diabetes mellitus individuals who meet selection criteria and who successfully comply with the approved monitoring protocol to operate in other modes of transportation; (3) assess the possible legal consequences of permitting insulin treated diabetes mellitus individuals to drive commercial motor vehicles in interstate commerce; (4) analyze available data on the safety performance of diabetic drivers of motor vehicles; (5) assess the relevance of intrastate driving and experiences of other modes of transportation to interstate commercial motor vehicle operations; and (6) consult with interested groups knowledgeable about diabetes and related issues. (c) Report to Congress.--If the Secretary determines that no protocol described in subsection (a) could likely be developed, the Secretary shall report to Congress the basis for such determination. (d) Initiation of Rulemaking.--If the Secretary determines that a protocol described in subsection (a) could likely be developed, the Secretary shall report to Congress a description of the elements of such protocol and shall promptly initiate a rulemaking proceeding to implement such protocol. [[Page H3873]] SEC. 4019. PERFORMANCE-BASED CDL TESTING. (a) Review.--Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a review of the procedures established and implemented by States under section 31305 of title 49, United States Code, to determine if the current system for testing is an accurate measure and reflection of an individual's knowledge and skills as an operator of a commercial motor vehicle and to identify methods to improve testing and licensing standards, including identifying the benefits and costs of a graduated licensing system. (b) Regulations.--The Secretary may issue regulations under section 31305 of title 49, United States Code, reflecting the results of the review. SEC. 4020. POST-ACCIDENT ALCOHOL TESTING. (a) Study.--The Secretary shall conduct a study of the feasibility of utilizing law enforcement officers for conducting post-accident alcohol testing of commercial motor vehicle operators under section 31306 of title 49, United States Code, as a method of obtaining more timely information. The study shall also assess the impact of the current post-accident alcohol testing requirements on motor carrier employers, including any burden that employers may encounter in meeting the testing requirements of such section 31306. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the study, together with such recommendations as the Secretary determines appropriate. SEC. 4021. DRIVER FATIGUE. (a) Technologies To Reduce Fatigue of Commercial Motor Vehicle Operators.-- (1) Development of technologies.--As part of the activities of the Secretary relating to the fatigue of commercial motor vehicle operators, the Secretary shall encourage the research, development, and demonstration of technologies that may aid in reducing such fatigue. (2) Matters to be taken into account.--In carrying out paragraph (1), the Secretary shall take into account-- (A) the degree to which the technology will be cost efficient; (B) the degree to which the technology can be effectively used in diverse climatic regions of the Nation; and (C) the degree to which the application of the technology will further emissions reductions, energy conservation, and other transportation goals. (3) Funding.--The Secretary may use amounts made available under section 5001(a)(2) of this Act. (b) Nonsedating Medications.--The Secretary shall review available information on the effects of medications (including antihistamines) on driver fatigue, awareness, and performance and shall consider encouraging, if appropriate, the use of nonsedating medications (including nonsedating antihistamines) as a means of reducing the adverse effects of the use of other medications by drivers. SEC. 4022. IMPROVED FLOW OF DRIVER HISTORY PILOT PROGRAM. (a) Pilot Program.-- (1) In general.--The Secretary shall carry out a pilot program in cooperation with 1 or more States to improve upon the timely exchange of pertinent driver performance and safety records data to motor carriers. (2) Purpose.--The purpose of the program shall be to-- (A) determine to what extent driver performance records data, including relevant fines, penalties, and failures to appear for a hearing or trial, should be included as part of any information systems under the Department of Transportation's oversight; (B) assess the feasibility, costs, safety impact, pricing impact, and benefits of record exchanges; and (C) assess methods for the efficient exchange of driver safety data available from existing State information systems and sources. (3) Completion date.--The pilot program shall end on the last day of the 18-month period beginning on the date of initiation of the pilot program. (b) Rulemaking.--After completion of the pilot program, the Secretary shall initiate, if appropriate, a rulemaking to revise the information system under section 31309 of title 49, United States Code, to take into account the results of the pilot program. SEC. 4023. EMPLOYEE PROTECTIONS. Not later than 2 years after the date of enactment of this Act, the Secretary, in conjunction with the Secretary of Labor, shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the effectiveness of existing statutory employee protections provided for under section 31105 of title 49, United States Code. The report shall include recommendations to address any statutory changes necessary to strengthen the enforcement of such employee protection provisions. SEC. 4024. IMPROVED INTERSTATE SCHOOL BUS SAFETY. Not later than 6 months after the date of enactment of this Act, the Secretary shall initiate a rulemaking proceeding to determine whether or not relevant commercial motor carrier safety regulations issued under section 31136 of title 49, United States Code, should apply to all interstate school transportation operations by local educational agencies (as defined in section 14101 of the Elementary and Secondary Education Act of 1965). SEC. 4025. TRUCK TRAILER CONSPICUITY. (a) Issuance of Final Rule.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule regarding the conspicuity of trailers manufactured before December 1, 1993. (b) Considerations.--In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum, the following: (1) The cost-effectiveness of any requirement to retrofit trailers manufactured before December 1, 1993. (2) The extent to which motor carriers have voluntarily taken steps to increase equipment visibility. (3) Regulatory flexibility to accommodate differing trailer designs and configurations, such as tank trucks. SEC. 4026. DOT IMPLEMENTATION PLAN. (a) Assessment.--Not later than 18 months after the date of enactment of this section, the Secretary shall assess the scope of the problem of shippers, freight forwarders, brokers, cosignees, or other persons (other than rail carriers, motor carriers, motor carriers of migrant workers, or motor private carriers) encouraging violations of chapter 5 of title 49, United States Code, or a regulation or order issued by the Secretary under such chapter. (b) Submission of Implementation Plan.--After completion of the assessment under subsection (a), the Secretary may submit to the Congress a plan for implementing authority (if subsequently provided by law) to investigate and bring civil actions to enforce chapter 5 of title 49, United States Code, or regulations or orders issued by the Secretary under such chapter with respect to persons described in subsection (a). (c) Contents of Implementation Plan.--In developing the implementation plan under subsection (b), the Secretary shall consider, as appropriate-- (1) in what circumstances the Secretary would exercise the new authority; (2) how the Secretary would determine that shippers, freight forwarders, brokers, consignees, or other persons committed violations described in subsection (a), including what types of evidence would be conclusive; (3) what procedures would be necessary during investigations to ensure the confidentiality of shipper contract terms prior to the Secretary's findings of violations; (4) what impact the exercise of the new authority would have on the Secretary's resources, including whether additional investigative or legal resources would be necessary and whether the staff would need specialized education or training to exercise properly such authority; (5) to what extent the Secretary would conduct educational activities for persons who would be subject to the new authority; and (6) any other information that would assist the Congress in determining whether to provide the Secretary the new authority. SEC. 4027. STUDY OF ADEQUACY OF PARKING FACILITIES. (a) Study.--The Secretary shall conduct a study to determine the location and quantity of parking facilities at commercial truck stops and travel plazas and public rest areas that could be used by motor carriers to comply with Federal hours of service rules. The study shall include an inventory of current facilities serving the National Highway System, analyze where shortages exist or are projected to exist, and propose a plan to reduce the shortages. The study may be carried out in cooperation with research entities representing motor carriers, the travel plaza industry, and commercial motor vehicle drivers. (b) Report.--Not later than the 3 years after the date of the enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study with any recommendations the Secretary determines appropriate as a result of the study. (c) Funding.--From amounts set aside under section 104(a) of title 23, United States Code, for each of fiscal years 1999, 2000, and 2001, the Secretary may use not to exceed $500,000 per fiscal year to carry out this section. SEC. 4028. QUALIFICATIONS OF FOREIGN MOTOR CARRIERS. (a) Review.--Not later than 90 days after the date of enactment of this Act, the Secretary shall review-- (1) the qualifications of any foreign motor carrier, the application for which has not been processed due to the moratorium on the granting of authority to foreign carriers to operate in the United States, to operate as a motor carrier in the United States; and (2) the carrier's likely ability to comply with applicable laws and regulations of the United States. (b) Use of Review.--The review conducted under subsection (a) shall not constitute a finding by the Secretary under section 13902 of title 49, United States Code, that a motor carrier is willing and able to comply with requirements of such section. The results of the review may be used by the Secretary as the Secretary determines appropriate. (c) Report.--Not later than 120 days after the date of enactment this Act, the Secretary shall submit a report on the results of the review to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The report shall include-- (1) any findings made by the Secretary under subsection (a); (2) information on which carriers have applied to the Department of Transportation under that section; and (3) a description of the process utilized to respond to such applications and to review the safety fitness of those carriers. SEC. 4029. FEDERAL MOTOR CARRIER SAFETY INSPECTORS. The Department of Transportation shall maintain at least the number of Federal motor carrier safety inspectors for international border [[Page H3874]] commercial vehicle inspections as in effect on September 30, 1997, or provide for alternative resources and mechanisms to ensure at least an equivalent level of commercial motor vehicle safety inspections. Such funds as are necessary to carry out this section shall be made available within the limitation on general operating expenses of the Department of Transportation. SEC. 4030. SCHOOL TRANSPORTATION SAFETY. (a) Study.--Not later than 3 months after the date of enactment of this Act, the Secretary shall offer to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to conduct, subject to the availability of appropriations, a study of the safety issues attendant to the transportation of school children to and from school and school-related activities by various transportation modes. (b) Terms of Agreement.--The agreement under subsection (a) shall provide that-- (1) the Transportation Research Board, in conducting the study, shall consider-- (A) in consultation with the National Transportation Safety Board, the Bureau of Transportation Statistics, and other relevant entities, available crash injury data; (B) vehicle design and driver training requirements, routing, and operational factors that affect safety; and (C) other factors that the Secretary considers to be appropriate; (2) if the data referred to in paragraph (1)(A) is unavailable or insufficient, the Transportation Research Board shall recommend a new data collection regimen and implementation guidelines; and (3) a panel shall conduct the study and shall include-- (A) representatives of-- (i) highway safety organizations; (ii) school transportation; (iii) mass transportation operators; (iv) employee organizations; and (v) bicycling organizations; (B) academic and policy analysts; and (C) other interested parties. (c) Report.--Not later than 12 months after the Secretary enters into an agreement under subsection (a), the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains the results of the study. (d) Authorization.--There are authorized to be appropriated to the Department of Transportation to carry out this section $200,000 for fiscal year 2000 and $200,000 for fiscal year 2001. Such sums shall remain available until expended. SEC. 4031. DESIGNATION OF NEW MEXICO COMMERCIAL ZONE. (a) General Rule.--Notwithstanding the provisions of section 13902(c)(4)(A) of title 49, United States Code, the New Mexico Commercial Zone shall be a commercial zone for purposes of transportation of property only under section 13506(b) of such title. (b) Consultation.--In carrying out this section, the Secretary shall consult with other Federal agencies that have responsibilities over traffic between the United States and Mexico. (c) Submission of Plan.--Not later than 3 months after the date of enactment of this Act, the State of New Mexico shall submit to the Secretary a plan describing how the State will monitor commercial motor vehicle traffic and enforce safety regulations. (d) Savings Provision.--Nothing in this section shall affect any action commenced or pending before the Secretary or Surface Transportation Board before the date of enactment of this Act. (e) New Mexico Commercial Zone Defined.--In this section, the term ``New Mexico Commercial Zone'' means the area that is comprised of Dona Ana County and Luna County in New Mexico. (f) Designation.--The designation and operation of the New Mexico commercial zone shall become effective upon the date of enactment of this Act. SEC. 4032. EFFECTS OF MCSAP GRANT REDUCTIONS. (a) Study.--The Secretary shall conduct a study on the effects of reductions of grants under section 31102 of title 49, United States Code, due to nonconformity of State intrastate motor carrier, commercial motor vehicle, and driver requirements with Federal interstate requirements. In conducting the study, the Secretary shall consider, at a minimum-- (1) national uniformity and the purposes of the motor carrier safety assistance program; (2) State motor carrier, commercial motor vehicle, and driver safety oversight and enforcement capabilities; and (3) the safety impacts, costs, and benefits of full participation in the program. (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. (c) Adjustment of State Allocations.--The Secretary is authorized to adjust State allocations under section 31103 of title 49, United States Code, to reflect the results of the study. TITLE V--TRANSPORTATION RESEARCH Subtitle A--Funding SEC. 5001. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Surface transportation research.--For carrying out sections 502, 506, 507, and 508 of title 23, United States Code, and section 5112 of this Act $96,000,000 for fiscal year 1998, $97,000,000 for fiscal year 1999, $97,000,000 for fiscal year 2000, $98,000,000 for fiscal year 2001, $101,000,000 for fiscal year 2002, and $103,000,000 for fiscal year 2003. (2) Technology deployment program.--To carry out section 503 of title 23, United States Code, $35,000,000 for fiscal year 1998, $35,000,000 for fiscal year 1999, $40,000,000 for fiscal year 2000, $45,000,000 for fiscal year 2001, $45,000,000 for fiscal year 2002, and $50,000,000 for fiscal year 2003. (3) Training and education.--For carrying out section 504 of title 23, United States Code, $14,000,000 for fiscal year 1998, $15,000,000 for fiscal year 1999, $16,000,000 for fiscal year 2000, $18,000,000 for fiscal year 2001, $19,000,000 for fiscal year 2002, and $20,000,000 for fiscal year 2003. (4) Bureau of transportation statistics.--For the Bureau of Transportation Statistics to carry out section 111 of title 49, United States Code, $31,000,000 for each of fiscal years 1998 through 2003. (5) ITS standards, research, operational tests, and development.--For carrying out sections 5204, 5205, 5206, and 5207 of this Act $95,000,000 for fiscal year 1998, $95,000,000 for fiscal year 1999, $98,200,000 for fiscal year 2000, $100,000,000 for fiscal year 2001, $105,000,000 for fiscal year 2002, $110,000,000 for fiscal year 2003. (6) ITS deployment.--For carrying out sections 5208 and 5209 of this Act $101,000,000 for fiscal year 1998, $105,000,000 for fiscal year 1999, $113,000,000 for fiscal year 2000, $118,000,000 for fiscal year 2001, $120,000,000 for fiscal year 2002, and $122,000,000 for fiscal year 2003. (7) University transportation research.--For carrying out section 5505 of title 49, United States Code, $31,150,000 for fiscal year 1998, $31,150,000 for fiscal year 1999, $32,750,000 for fiscal year 2000, $32,750,000 for fiscal year 2001, $32,000,000 for fiscal year 2002, and $32,000,000 for fiscal year 2003. (b) Applicability of Title 23, United States Code.--Funds authorized to be appropriated by subsection (a) shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using such funds shall be 80 percent (unless otherwise expressly provided by this subtitle or otherwise determined by the Secretary with respect to a project of activity) and such funds shall remain available until expended. (c) Allocations.-- (1) Surface transportation research.--Of the amounts made available under subsection (a)(1)-- (A) $10,000,000 for each of fiscal years 1998 through 2003 shall be available to carry out section 502(e) of title 23, United States Code (relating to long-term pavement performance); (B) not to exceed $2,000,000 for each of fiscal years 1998 through 2003 shall be available to carry out section 502(f) of such title (relating to seismic research), of which not to exceed $2,500,000 may be used to upgrade earthquake simulation facilities as required to carry out the program; (C) $500,000 for each of fiscal years 1998 through 2003 shall be available to carry out section 506 of such title (relating to international outreach); and (D) $5,000,000 for each of fiscal years 1998 through 2003 to carry out research on improved methods of using concrete pavement in the construction, reconstruction, and repair of Federal-aid highways. (2) Technology deployment.--Of the amounts made available under subsection (a)(2)-- (A) $1,000,000 for each of fiscal years 1998 through 2003 shall be available to carry out section 503(b)(3)(A)(i) of title 23, United States Code (relating to research development technology transfer activities); and (B) $10,000,000 for fiscal year 1998, $15,000,000 for fiscal year 1999, $17,000,000 for fiscal year 2000, and $20,000,000 for each of fiscal years 2001 through 2003 shall be available to carry out section 503(b)(3)(A)(ii) of such title (relating to repair, rehabilitation, and construction). (3) Training and education.--Of the amounts made available under subsection (a)(3)-- (A) $5,000,000 for fiscal year 1998, $6,000,000 for fiscal year 1999, $6,000,000 for fiscal year 2000, $7,000,000 for fiscal year 2001, $7,000,000 for fiscal year 2002, and $8,000,000 for fiscal year 2003 shall be available to carry out section 504(a) of title 23, United States Code (relating to the National Highway Institute); (B) $7,000,000 for fiscal year 1998, $7,000,000 for fiscal year 1999, $8,000,000 for fiscal year 2000, $9,000,000 for fiscal year 2001, $10,000,000 for fiscal year 2002, and $10,000,000 for fiscal year 2003 shall be available to carry out section 504(b) of such title (relating to local technical assistance); and (C) $2,000,000 for each of fiscal years 1998 through 2003 shall be available to carry out section 504(c)(2) of such title (relating to the Eisenhower Transportation Fellowship Program). (4) ITS deployment.--Of the amounts made available under subsection (a)(6)-- (A) $74,000,000 for fiscal year 1998, $75,000,000 for fiscal year 1999, $80,000,000 for fiscal year 2000, $83,000,000 for fiscal year 2001, $85,000,000 for fiscal year 2002, and $85,000,000 for fiscal year 2003 shall be available to carry out section 5208 of this Act (relating to Intelligent Transportation Systems integration); and (B) $25,500,000 for fiscal year 1998, $27,200,000 for fiscal year 1999, $30,200,000 for fiscal year 2000, $32,200,000 for fiscal year 2001, $33,500,000 for fiscal year 2002, and $35,500,000 for fiscal year 2003 shall be available to carry out section 5209 of this Act (relating to commercial vehicle infrastructure). (d) Transfers of Funds.--The Secretary may transfer not to exceed 10 percent of the amounts allocated in a fiscal year under a subparagraph in each of paragraphs (1) through (4) of subsection (c) to the amounts allocated under any other subparagraph in the paragraph. [[Page H3875]] SEC. 5002. OBLIGATION CEILING. Notwithstanding any other provision of law, the total of all obligations from amounts made available from the Highway Trust Fund (other than the Mass Transit Account) by section 5001(a) of this Act shall not exceed $403,150,000 for fiscal year 1998, $409,150,000 for fiscal year 1999, $427,950,000 for fiscal year 2000, $442,750,000 for fiscal year 2001, $453,000,000 for fiscal year 2002, and $468,000,000 for fiscal year 2003. SEC. 5003. NOTICE. (a) Notice of Reprogramming.--If any funds authorized for carrying out this title or the amendments made by this title are subject to a reprogramming action that requires notice to be provided to the Committees on Appropriations of the House of Representatives and the Senate, notice of such action shall concurrently be provided to the Committee on Transportation and Infrastructure and the Committee on Science of the House of Representatives and the Committee on Environment and Public Works of the Senate. (b) Notice of Reorganization.--On or before the 15th day preceding the date of any major reorganization of a program, project, or activity of the Department of Transportation for which funds are authorized by this title or the amendments made by this title, the Secretary shall provide notice of such reorganization to the Committee on Transportation and Infrastructure and the Committee on Science of the House of Representatives and the Committee on Environment and Public Works of the Senate. Subtitle B--Research and Technology SEC. 5101. RESEARCH AND TECHNOLOGY PROGRAM. Title 23, United States Code, is amended-- (1) in the table of chapters by adding at the end the following: ``5. Research and Technology.................................501'';.... and (2) by adding at the end the following: ``CHAPTER 5--RESEARCH AND TECHNOLOGY ``Sec. ``501. Definitions. ``502. Surface transportation research. ``503. Technology deployment program. ``504. Training and education. ``505. State planning and research. ``506. International highway transportation outreach program. ``507. Surface transportation-environment cooperative research program. ``508. Surface transportation research strategic planning. ``Sec. 501. Definitions ``In this chapter, the following definitions apply: ``(1) Federal laboratory.--The term `Federal laboratory' includes a Government-owned, Government-operated laboratory and a Government-owned, contractor-operated laboratory. ``(2) Safety.--The term `safety' includes highway and traffic safety systems, research, and development relating to vehicle, highway, driver, passenger, bicyclist, and pedestrian characteristics, accident investigations, communications, emergency medical care, and transportation of the injured.''. SEC. 5102. SURFACE TRANSPORTATION RESEARCH. Chapter 5 of title 23, United States Code (as added by section 5101 of this title), is amended by adding at the end the following: ``Sec. 502. Surface transportation research ``(a) General Authority.-- ``(1) Research, development, and technology transfer activities.--The Secretary may carry out research, development, and technology transfer activities with respect to-- ``(A) motor carrier transportation; ``(B) all phases of transportation planning and development (including construction, operation, modernization, development, design, maintenance, safety, financing, and traffic conditions); and ``(C) the effect of State laws on the activities described in subparagraphs (A) and (B). ``(2) Tests and development.--The Secretary may test, develop, or assist in testing and developing any material, invention, patented article, or process. ``(3) Cooperation, grants, and contracts.--The Secretary may carry out this section-- ``(A) independently; ``(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or ``(C) by making grants to, or entering into contracts, cooperative agreements, and other transactions with, the National Academy of Sciences, the American Association of State Highway and Transportation Officials, or any Federal laboratory, State agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, or person. ``(4) Technological innovation.--The programs and activities carried out under this section shall be consistent with the surface transportation research and technology development strategic plan developed under section 508. ``(5) Funds.-- ``(A) Special account.--In addition to other funds made available to carry out this section, the Secretary shall use such funds as may be deposited by any cooperating organization or person in a special account of the Treasury established for this purpose. ``(B) Use of funds.--The Secretary shall use funds made available to carry out this section to develop, administer, communicate, and promote the use of products of research, development, and technology transfer programs under this section. ``(b) Collaborative Research and Development.-- ``(1) In general.--To encourage innovative solutions to surface transportation problems and stimulate the deployment of new technology, the Secretary may carry out, on a cost- shared basis, collaborative research and development with-- ``(A) non-Federal entities, including State and local governments, foreign governments, colleges and universities, corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of any State; and ``(B) Federal laboratories. ``(2) Agreements.--In carrying out this subsection, the Secretary may enter into cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)). ``(3) Federal share.-- ``(A) In general.--The Federal share of the cost of activities carried out under a cooperative research and development agreement entered into under this subsection shall not exceed 50 percent, except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal share. ``(B) Non-federal share.--All costs directly incurred by the non-Federal partners, including personnel, travel, and hardware development costs, shall be credited toward the non- Federal share of the cost of the activities described in subparagraph (A). ``(4) Use of technology.--The research, development, or use of a technology under a cooperative research and development agreement entered into under this subsection, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.). ``(5) Waiver of advertising requirements.--Section 3709 of the Revised Statutes (41 U.S.C. 5) shall not apply to a contract or agreement entered into under this chapter. ``(c) Contents of Research Program.--The Secretary shall include in surface transportation research, technology development, and technology transfer programs carried out under this title coordinated activities in the following areas: ``(1) Development, use, and dissemination of indicators, including appropriate computer programs for collecting and analyzing data on the status of infrastructure facilities, to measure the performance of the surface transportation systems of the United States, including productivity, efficiency, energy use, air quality, congestion, safety, maintenance, and other factors that reflect system performance. ``(2) Methods, materials, and testing to improve the durability of surface transportation infrastructure facilities and extend the life of bridge structures, including-- ``(A) new and innovative technologies to reduce corrosion; ``(B) tests simulating seismic activity, vibration, and weather; and ``(C) the use of innovative recycled materials. ``(3) Technologies and practices that reduce costs and minimize disruptions associated with the construction, rehabilitation, and maintenance of surface transportation systems, including responses to natural disasters. ``(4) Development of nondestructive evaluation equipment for use with existing infrastructure facilities and with next-generation infrastructure facilities that use advanced materials. ``(5) Dynamic simulation models of surface transportation systems for-- ``(A) predicting capacity, safety, and infrastructure durability problems; ``(B) evaluating planned research projects; and ``(C) testing the strengths and weaknesses of proposed revisions to surface transportation operations programs. ``(6) Economic highway geometrics, structures, and desirable weight and size standards for vehicles using the public highways and the feasibility of uniformity in State regulations with respect to such standards. ``(7) Telecommuting and the linkages between transportation, information technology, and community development and the impact of technological change and economic restructuring on travel demand. ``(8) Expansion of knowledge of implementing life cycle cost analysis, including-- ``(A) establishing the appropriate analysis period and discount rates; ``(B) learning how to value and properly consider use costs; ``(C) determining tradeoffs between reconstruction and rehabilitation; and ``(D) establishing methodologies for balancing higher initial costs of new technologies and improved or advanced materials against lower maintenance costs. ``(9) Standardized estimates, to be developed in conjunction with the National Institute of Standards and Technology and other appropriate organizations, of useful life under various conditions for advanced materials of use in surface transportation. ``(10) Evaluation of traffic calming measures that promote community preservation, transportation mode choice, and safety. ``(11) Development and implementation of safety-enhancing equipment, including unobtrusive eyetracking technology. ``(d) Advanced Research.-- ``(1) In general.--The Secretary shall establish an advanced research program, consistent with the surface transportation research and technology development strategic plan developed under section 508, that addresses longer-term, higher-risk research that shows potential benefits for improving the durability, efficiency, environmental impact, productivity, and safety (including bicycle and pedestrian safety) of highway and intermodal transportation systems. In carrying out the program, the Secretary shall [[Page H3876]] strive to develop partnerships with the public and private sectors. ``(2) Research areas.--In carrying out the program, the Secretary may make grants and enter into cooperative agreements and contracts in such areas as the Secretary determines appropriate, including the following: ``(A) Characterization of materials used in highway infrastructure, including analytical techniques, microstructure modeling, and the deterioration processes. ``(B) Diagnostics for evaluation of the condition of bridge and pavement structures to enable the assessment of risks of failure, including from seismic activity, vibration, and weather. ``(C) Design and construction details for composite structures. ``(D) Safety technology-based problems in the areas of pedestrian and bicycle safety, roadside hazards, and composite materials for roadside safety hardware. ``(E) Environmental research, including particulate matter source apportionment and model development. ``(F) Data acquisition techniques for system condition and performance monitoring. ``(G) Human factors, including prediction of the response of travelers to new technologies. ``(e) Long-Term Pavement Performance Program.-- ``(1) Authority.--The Secretary shall complete the long- term pavement performance program tests initiated under the strategic highway research program established under section 307(d) (as in effect on the day before the date of enactment of this section) and continued by the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1914 et seq.) through the midpoint of a planned 20-year life of the long-term pavement performance program. ``(2) Grants, cooperative agreements, and contracts.--Under the program, the Secretary shall make grants and enter into cooperative agreements and contracts to-- ``(A) monitor, material-test, and evaluate highway test sections in existence as of the date of the grant, agreement, or contract; ``(B) analyze the data obtained in carrying out subparagraph (A); and ``(C) prepare products to fulfill program objectives and meet future pavement technology needs. ``(f) Seismic Research Program.-- ``(1) Establishment.--The Secretary shall establish a program to study the vulnerability of the Federal-aid highway system and other surface transportation systems to seismic activity and to develop and implement cost-effective methods to reduce such vulnerability. ``(2) Cooperation with national center for earthquake engineering research.--The Secretary shall conduct the program in cooperation with the National Center for Earthquake Engineering Research at the University of Buffalo. ``(3) Cooperation with agencies participating in national earthquake hazards reduction program.--The Secretary shall conduct the program in consultation and cooperation with Federal departments and agencies participating in the National Earthquake Hazards Reduction Program established by section 5 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704) and shall take such actions as may be necessary to ensure that the program is consistent with-- ``(A) planning and coordination activities of the Director of the Federal Emergency Management Agency under section 5(b)(1) of such Act (42 U.S.C. 7704(b)(1)); and ``(B) the plan developed by the Director of the Federal Emergency Management Agency under section 8(b) of such Act (42 U.S.C. 7705b(b)). ``(g) Infrastructure Investment Needs Report.-- ``(1) In general.--Not later than January 31, 1999, and January 31 of every second year thereafter, the Secretary shall report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on-- ``(A) estimates of the future highway and bridge needs of the United States; and ``(B) the backlog of current highway and bridge needs. ``(2) Comparison with prior reports.--Each report under paragraph (1) shall provide the means, including all necessary information, to relate and compare the conditions and service measures used in the 3 biannual reports published prior to the date of enactment of the Transportation Equity Act for the 21st Century.''. SEC. 5103. TECHNOLOGY DEPLOYMENT. Chapter 5 of title 23, United States Code (as added by section 5101 of this title), is amended by adding at the end the following: ``Sec. 503. Technology deployment ``(a) Technology Deployment Initiatives and Partnerships Program.-- ``(1) Establishment.--The Secretary shall develop and administer a national technology deployment initiatives and partnerships program. ``(2) Purpose.--The purpose of the program shall be to significantly accelerate the adoption of innovative technologies by the surface transportation community. ``(3) Deployment goals.-- ``(A) Establishment.--Not later than 180 days after the date of enactment of this section, the Secretary shall establish not more than 5 deployment goals to carry out paragraph (1). ``(B) Design.--Each of the goals and the program developed to achieve the goals shall be designed to provide tangible benefits, with respect to transportation systems, in the areas of efficiency, safety, reliability, service life, environmental protection, and sustainability. ``(C) Strategies for achievement.--For each goal, the Secretary, in cooperation with representatives of the transportation community such as States, local governments, the private sector, and academia, shall use domestic and international technology to develop strategies and initiatives to achieve the goal, including technical assistance in deploying technology and mechanisms for sharing information among program participants. ``(4) Integration with other programs.--The Secretary shall integrate activities carried out under this subsection with the efforts of the Secretary to disseminate the results of research sponsored by the Secretary and to facilitate technology transfer. ``(5) Leveraging of federal resources.--In selecting projects to be carried out under this subsection, the Secretary shall give preference to projects that leverage Federal funds with other significant public or private resources. ``(6) Continuation of shrp partnerships.--Under the program, the Secretary shall continue the partnerships established through the strategic highway research program established under section 307(d) (as in effect on the day before the date of enactment of this section). ``(7) Grants, cooperative agreements, and contracts.--Under the program, the Secretary may make grants and enter into cooperative agreements and contracts to foster alliances and support efforts to stimulate advances in transportation technology, including-- ``(A) the testing and evaluation of products of the strategic highway research program; ``(B) the further development and implementation of technology in areas such as the Superpave system and the use of lithium salts and other alternatives to prevent and mitigate alkali silica reactivity; ``(C) the provision of support for long-term pavement performance product implementation and technology access; and ``(D) other activities to achieve the goals established under paragraph (3). ``(8) Reports.--Not later than 18 months after the date of enactment of this section, and biennially thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress and results of activities carried out under this section. ``(9) Allocation.--To the extent appropriate to achieve the goals established under paragraph (3), the Secretary may further allocate funds made available to carry out this section to States for their use. ``(b) Innovative Bridge Research and Construction Program.-- ``(1) In general.--The Secretary shall establish and carry out a program to demonstrate the application of innovative material technology in the construction of bridges and other structures. ``(2) Goals.--The goals of the program shall include-- ``(A) the development of new, cost-effective innovative material highway bridge applications; ``(B) the reduction of maintenance costs and life-cycle costs of bridges, including the costs of new construction, replacement, or rehabilitation of deficient bridges; ``(C) the development of construction techniques to increase safety and reduce construction time and traffic congestion; ``(D) the development of engineering design criteria for innovative products and materials for use in highway bridges and structures; ``(E) the development of cost-effective and innovative techniques to separate vehicle and pedestrian traffic from railroad traffic; ``(F) the development of highway bridges and structures that will withstand natural disasters, including alternative processes for the seismic retrofit of bridges; and ``(G) the development of new nondestructive bridge evaluation technologies and techniques. ``(3) Grants, cooperative agreements, and contracts.-- ``(A) In general.--Under the program, the Secretary shall make grants to, and enter into cooperative agreements and contracts with-- ``(i) States, other Federal agencies, universities and colleges, private sector entities, and nonprofit organizations to pay the Federal share of the cost of research, development, and technology transfer concerning innovative materials; and ``(ii) States to pay the Federal share of the cost of repair, rehabilitation, replacement, and new construction of bridges or structures that demonstrate the application of innovative materials. ``(B) Applications.--To receive a grant under this subsection, an entity described in subparagraph (A) shall submit an application to the Secretary. The application shall be in such form and contain such information as the Secretary may require. The Secretary shall select and approve the applications based on whether the project that is the subject of the grant meets the goals of the program described in paragraph (2). ``(4) Technology and information transfer.--The Secretary shall take such action as is necessary to ensure that the information and technology resulting from research conducted under paragraph (3) is made available to State and local transportation departments and other interested parties as specified by the Secretary. ``(5) Federal share.--The Federal share of the cost of a project under this section shall be determined by the Secretary.''. SEC. 5104. TRAINING AND EDUCATION. Chapter 5 of title 23, United States Code (as added by section 5101 of this title), is amended by adding at the end the following: ``Sec. 504. Training and education ``(a) National Highway Institute.-- ``(1) In general.--The Secretary shall operate in the Federal Highway Administration a National Highway Institute (in this subsection referred to as the `Institute'). The Secretary shall administer, through the Institute, the authority [[Page H3877]] vested in the Secretary by this title or by any other law for the development and conduct of education and training programs relating to highways. ``(2) Duties of the institute.--In cooperation with State transportation departments, United States industry, and any national or international entity, the Institute shall develop and administer education and training programs of instruction for-- ``(A) Federal Highway Administration, State, and local transportation agency employees; ``(B) regional, State, and metropolitan planning organizations; ``(C) State and local police, public safety, and motor vehicle employees; and ``(D) United States citizens and foreign nationals engaged or to be engaged in surface transportation work of interest to the United States. ``(3) Courses.--The Institute may develop and administer courses in modern developments, techniques, methods, regulations, management, and procedures relating to surface transportation, environmental mitigation and compliance, acquisition of rights-of-way, relocation assistance, engineering, safety, construction, maintenance and operations, contract administration, motor carrier safety activities, inspection, and highway finance. ``(4) Set-aside; federal share.--Not to exceed \1/2\ of 1 percent of the funds apportioned to a State under section 104(b)(3) for the surface transportation program shall be available for expenditure by the State transportation department for the payment of not to exceed 80 percent of the cost of tuition and direct educational expenses (excluding salaries) in connection with the education and training of employees of State and local transportation agencies in accordance with this subsection. ``(5) Federal responsibility.-- ``(A) In general.--Except as provided in subparagraph (B), education and training of employees of Federal, State, and local transportation (including highway) agencies authorized under this subsection may be provided-- ``(i) by the Secretary at no cost to the States and local governments if the Secretary determines that provision at no cost is in the public interest; or ``(ii) by the State through grants, cooperative agreements, and contracts with public and private agencies, institutions, individuals, and the Institute. ``(B) Payment of full cost by private persons.--Private agencies, international or foreign entities, and individuals shall pay the full cost of any education and training received by them unless the Secretary determines that a lower cost is of critical importance to the public interest. ``(6) Training fellowships; cooperation.--The Institute may-- ``(A) engage in training activities authorized under this subsection, including the granting of training fellowships; and ``(B) carry out its authority independently or in cooperation with any other branch of the Federal Government or any State agency, authority, association, institution, for-profit or nonprofit corporation, other national or international entity, or other person. ``(7) Collection of fees.-- ``(A) General rule.--In accordance with this subsection, the Institute may assess and collect fees solely to defray the costs of the Institute in developing or administering education and training programs under this subsection. ``(B) Limitation.--Fees may be assessed and collected under this subsection only in a manner that may reasonably be expected to result in the collection of fees during any fiscal year in an aggregate amount that does not exceed the aggregate amount of the costs referred to in subparagraph (A) for the fiscal year. ``(C) Persons subject to fees.--Fees may be assessed and collected under this subsection only with respect to-- ``(i) persons and entities for whom education or training programs are developed or administered under this subsection; and ``(ii) persons and entities to whom education or training is provided under this subsection. ``(D) Amount of fees.--The fees assessed and collected under this subsection shall be established in a manner that ensures that the liability of any person or entity for a fee is reasonably based on the proportion of the costs referred to in subparagraph (A) that relate to the person or entity. ``(E) Use.--All fees collected under this subsection shall be used to defray costs associated with the development or administration of education and training programs authorized under this subsection. ``(8) Relation to fees.--The funds made available to carry out this subsection may be combined with or held separate from the fees collected under paragraph (7). ``(b) Local Technical Assistance Program.-- ``(1) Authority.--The Secretary shall carry out a local technical assistance program that will provide access to surface transportation technology to-- ``(A) highway and transportation agencies in urbanized areas with populations of between 50,000 and 1,000,000 individuals; ``(B) highway and transportation agencies in rural areas; and ``(C) contractors that do work for the agencies. ``(2) Grants, cooperative agreements, and contracts.--The Secretary may make grants and enter into cooperative agreements and contracts to provide education and training, technical assistance, and related support services to-- ``(A) assist rural, local transportation agencies and tribal governments, and the consultants and construction personnel working for the agencies and governments, to-- ``(i) develop and expand their expertise in road and transportation areas (including pavement, bridge, concrete structures, safety management systems, and traffic safety countermeasures); ``(ii) improve roads and bridges; ``(iii) enhance-- ``(I) programs for the movement of passengers and freight; and ``(II) intergovernmental transportation planning and project selection; and ``(iv) deal effectively with special transportation-related problems by preparing and providing training packages, manuals, guidelines, and technical resource materials; ``(B) develop technical assistance for tourism and recreational travel; ``(C) identify, package, and deliver transportation technology and traffic safety information to local jurisdictions to assist urban transportation agencies in developing and expanding their ability to deal effectively with transportation-related problems; ``(D) operate, in cooperation with State transportation departments and universities-- ``(i) local technical assistance program centers designated to provide transportation technology transfer services to rural areas and to urbanized areas with populations of between 50,000 and 1,000,000 individuals; and ``(ii) local technical assistance program centers designated to provide transportation technical assistance to Indian tribal governments; and ``(E) allow local transportation agencies and tribal governments, in cooperation with the private sector, to enhance new technology implementation. ``(c) Research Fellowships.-- ``(1) General authority.--The Secretary, acting either independently or in cooperation with other Federal departments, agencies, and instrumentalities, may make grants for research fellowships for any purpose for which research is authorized by this chapter. ``(2) Dwight david eisenhower transportation fellowship program.--The Secretary shall establish and implement a transportation research fellowship program for the purpose of attracting qualified students to the field of transportation. The program shall be known as the `Dwight David Eisenhower Transportation Fellowship Program'.''. SEC. 5105. STATE PLANNING AND RESEARCH. Chapter 5 of title 23, United States Code (as added by section 5101 of this title), is amended by adding at the end the following: ``Sec. 505. State planning and research ``(a) General Rule.--Two percent of the sums apportioned to a State for fiscal year 1998 and each fiscal year thereafter under section 104 (other than sections 104(f) and 104(h)) and under section 144 shall be available for expenditure by the State, in consultation with the Secretary, only for the following purposes: ``(1) Engineering and economic surveys and investigations. ``(2) The planning of future highway programs and local public transportation systems and the planning of the financing of such programs and systems, including metropolitan and statewide planning under sections 134 and 135. ``(3) Development and implementation of management systems under section 303. ``(4) Studies of the economy, safety, and convenience of surface transportation systems and the desirable regulation and equitable taxation of such systems. ``(5) Research, development, and technology transfer activities necessary in connection with the planning, design, construction, management, and maintenance of highway, public transportation, and intermodal transportation systems. ``(6) Study, research, and training on the engineering standards and construction materials for transportation systems described in paragraph (5), including the evaluation and accreditation of inspection and testing and the regulation and taxation of their use. ``(b) Minimum Expenditures on Research, Development, and Technology Transfer Activities.-- ``(1) In general.--Subject to paragraph (2), not less than 25 percent of the funds subject to subsection (a) that are apportioned to a State for a fiscal year shall be expended by the State for research, development, and technology transfer activities described in subsection (a), relating to highway, public transportation, and intermodal transportation systems. ``(2) Waivers.--The Secretary may waive the application of paragraph (1) with respect to a State for a fiscal year if the State certifies to the Secretary for the fiscal year that total expenditures by the State for transportation planning under sections 134 and 135 will exceed 75 percent of the funds described in paragraph (1) and the Secretary accepts such certification. ``(3) Nonapplicability of assessment.--Funds expended under paragraph (1) shall not be considered to be part of the extramural budget of the agency for the purpose of section 9 of the Small Business Act (15 U.S.C. 638). ``(c) Federal Share.--The Federal share of the cost of a project carried out using funds subject to subsection (a) shall be 80 percent unless the Secretary determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating the non-Federal share. ``(d) Administration of Sums.--Funds subject to subsection (a) shall be combined and administered by the Secretary as a single fund and shall be available for obligation for the same period as funds apportioned under section 104(b)(1).''. SEC. 5106. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH PROGRAM. Chapter 5 of title 23, United States Code (as added by section 5101 of this title), is amended by adding at the end the following: [[Page H3878]] ``Sec. 506. International highway transportation outreach program ``(a) Establishment.--The Secretary may establish an international highway transportation outreach program-- ``(1) to inform the United States highway community of technological innovations in foreign countries that could significantly improve highway transportation in the United States; ``(2) to promote United States highway transportation expertise, goods, and services in foreign countries; and ``(3) to increase transfers of United States highway transportation technology to foreign countries. ``(b) Activities.--Activities carried out under the program may include-- ``(1) development, monitoring, assessment, and dissemination in the United States of information about highway transportation innovations in foreign countries that could significantly improve highway transportation in the United States; ``(2) research, development, demonstration, training, and other forms of technology transfer and exchange; ``(3) informing foreign countries about the technical quality of United States highway transportation goods and services through participation in trade shows, seminars, expositions, and other such activities; ``(4) offering technical services of the Federal Highway Administration that cannot be readily obtained from United States private sector firms to be incorporated into the proposals of United States private sector firms undertaking highway transportation projects outside the United States if the costs of such services will be recovered under the terms of the project; ``(5) conducting studies to assess the need for or feasibility of highway transportation improvements in countries that are not members of the Organization for Economic Cooperation and Development, as of December 18, 1991, and in Greece and Turkey; and ``(6) gathering and disseminating information on foreign transportation markets and industries. ``(c) Cooperation.--The Secretary may carry out this section in cooperation with any appropriate Federal agency, State or local agency, authority, association, institution, corporation (profit or nonprofit), foreign government, multinational institution, or other organization or person. ``(d) Funds.-- ``(1) Contributions.--Funds available to carry out this section shall include funds deposited by any cooperating organization or person into a special account of the Treasury established for this purpose. ``(2) Eligible uses of funds.--The funds deposited into the account and other funds available to carry out this section shall be available to cover the cost of any activity eligible under this section, including the cost of promotional materials, travel, reception and representation expenses, and salaries and benefits. ``(3) Reimbursements for salaries and benefits.-- Reimbursements for salaries and benefits of Department of Transportation employees providing services under this section shall be credited to the account. ``(e) Eligible Use of State Planning and Research Funds.--A State, in coordination with the Secretary, may obligate funds made available to carry out section 505 for any activity authorized under subsection (a).''. SEC. 5107. SURFACE TRANSPORTATION-ENVIRONMENT COOPERATIVE RESEARCH PROGRAM. Chapter 5 of title 23, United States Code (as added by section 5101 of this title), is amended by adding at the end the following: ``Sec. 507. Surface transportation-environment cooperative research program ``(a) In General.--The Secretary shall establish and carry out a surface transportation-environment cooperative research program. ``(b) Contents.--The program to be carried out under this section shall include research designed-- ``(1) to develop more accurate models for evaluating transportation control measures and transportation system designs that are appropriate for use by State and local governments, including metropolitan planning organizations, in designing implementation plans to meet Federal, State, and local environmental requirements; ``(2) to improve understanding of the factors that contribute to the demand for transportation, including transportation system design, demographic change, land use planning, and communications and other information technologies; ``(3) to develop indicators of economic, social, and environmental performance of transportation systems to facilitate analysis of potential alternatives; ``(4) to study the relationship between highway density and ecosystem integrity, including the impacts of highway density on habitat integrity and overall ecosystem health, and develop a rapid assessment methodology for use by transportation and regulatory agencies in determining the relationship between highway density and ecosystem integrity; and ``(5) to meet additional priorities as determined by the advisory board established under subsection (c), including recommendations of the National Research Council in the report entitled `Environmental Research Needs in Transportation'. ``(c) Advisory Board.-- ``(1) Establishment.--In consultation with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and the heads of other appropriate Federal departments and agencies, the Secretary shall establish an advisory board to recommend environmental and energy conservation research, technology, and technology transfer activities related to surface transportation. ``(2) Membership.--The advisory board shall include-- ``(A) representatives of State transportation and environmental agencies; ``(B) transportation and environmental scientists and engineers; and ``(C) representatives of metropolitan planning organizations, transit operating agencies, and environmental organizations. ``(d) National Academy of Sciences.--The Secretary may make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out such activities relating to the research, technology, and technology transfer activities described in subsection (b) as the Secretary determines appropriate.''. SEC. 5108. SURFACE TRANSPORTATION RESEARCH STRATEGIC PLANNING. Chapter 5 of title 23, United States Code (as added by section 5101 of this title), is amended by adding at the end the following: ``Sec. 508. Surface transportation research strategic planning ``(a) In General.--The Secretary shall-- ``(1) establish a strategic planning process, consistent with section 306 of title 5 for the Department of Transportation to determine national transportation research and technology development priorities related to surface transportation; ``(2) coordinate Federal surface transportation research and technology development activities; ``(3) measure the results of those activities and how they impact the performance of the surface transportation systems of the United States; and ``(4) ensure that planning and reporting activities carried out under this section are coordinated with all other surface transportation planning and reporting requirements. ``(b) Implementation.--The Secretary shall-- ``(1) provide for the integrated planning, coordination, and consultation among the operating administrations of the Department of Transportation, all other Federal agencies with responsibility for surface transportation research and technology development, State and local governments, institutions of higher education, industry, and other private and public sector organizations engaged in surface transportation-related research and development activities; ``(2) ensure that the surface transportation research and technology development programs of the Department do not duplicate other Federal, State, or private sector research and development programs; and ``(3) provide for independent validation of the scientific and technical assumptions underlying the surface transportation research and technology development programs of the Department. ``(c) Surface Transportation Research and Technology Development Strategic Plan.-- ``(1) Development.--The Secretary shall develop an integrated surface transportation research and technology development strategic plan. ``(2) Contents.--The plan shall include-- ``(A) an identification of the general goals and objectives of the Department of Transportation for surface transportation research and development; ``(B) a description of the roles of the Department and other Federal agencies in achieving the goals identified under subparagraph (A), in order to avoid unnecessary duplication of effort; ``(C) a description of the overall strategy of the Department, and the role of each of the operating administrations of the Department, in carrying out the plan over the next 5 years, including a description of procedures for coordination of the efforts of the Secretary with the efforts of the operating administrations of the Department and other Federal agencies; ``(D) an assessment of how State and local research and technology development activities are contributing to the achievement of the goals identified under subparagraph (A); ``(E) details of the surface transportation research and technology development programs of the Department, including performance goals, resources needed to achieve those goals, and performance indicators as described in section 1115(a) of title 31, United States Code, for the next 5 years for each area of research and technology development; ``(F) significant comments on the plan obtained from outside sources; and ``(G) responses to significant comments obtained from the National Research Council and other advisory bodies, and a description of any corrective actions taken pursuant to such comments. ``(3) National research council review.--The Secretary shall enter into an agreement for the review by the National Research Council of the details of each-- ``(A) strategic plan or revision required under section 306 of title 5; ``(B) performance plan required under section 1115 of title 31; and ``(C) program performance report required under section 1116, with respect to surface transportation research and technology development. ``(4) Performance plans and reports.--In reports submitted under sections 1115 and 1116 of title 31, the Secretary shall include-- ``(A) a summary of the results for the previous fiscal year of surface transportation research and technology development programs to which the Department of Transportation contributes, along with-- ``(i) an analysis of the relationship between those results and the goals identified under paragraph (2)(A); and ``(ii) a description of the methodology used for assessing the results; and ``(B) a description of significant surface transportation research and technology development [[Page H3879]] initiatives, if any, undertaken during the previous fiscal year that were not in the plan developed under paragraph (1), and any significant changes in the plan from the previous year's plan. ``(d) Merit Review and Performance Measurement.--Not later than 1 year after the date of enactment of this section, the Secretary shall transmit to Congress a report describing competitive merit review procedures for use in selecting grantees and contractors in the programs covered by the plan developed under subsection (c) and performance measurement procedures for evaluating the programs. ``(e) Procurement Procedures.--The Secretary shall-- ``(1) develop model procurement procedures that encourage the use of advanced technologies; and ``(2) develop model transactions for carrying out and coordinating Federal and State surface transportation research and technology development activities. ``(f) Consistency With Government Performance and Results Act of 1993.--The plans and reports developed under this section shall be consistent with and incorporated as part of the plans developed under section 306 of title 5 and sections 1115 and 1116 of title 31.''. SEC. 5109. BUREAU OF TRANSPORTATION STATISTICS. (a) In General.--Section 111 of title 49, United States Code, is amended-- (1) in subsection (b)(4) by striking the second sentence; (2) in subsection (c)-- (A) in paragraph (1)-- (i) in subparagraph (J) by striking ``and'' at the end; (ii) in subparagraph (K) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(L) transportation-related variables that influence global competitiveness.''; (B) in paragraph (2)-- (i) in the first sentence by striking ``national transportation system'' and inserting ``transportation systems of the United States''; (ii) by striking subparagraph (A) and inserting the following: ``(A) be coordinated with efforts to measure outputs and outcomes of the Department of Transportation and the transportation systems of the United States under the Government Performance and Results Act of 1993 (107 Stat. 285 et seq.) and the amendments made by such Act;''; and (iii) in subparagraph (C) by inserting ``, made relevant to the States and metropolitan planning organizations,'' after ``accuracy''; (C) in paragraph (3) by adding at the end the following: ``The Bureau shall review and report to the Secretary of Transportation on the sources and reliability of the statistics proposed by the heads of the operating administrations of the Department to measure outputs and outcomes as required by the Government Performance and Results Act of 1993, and the amendments made by such Act, and shall carry out such other reviews of the sources and reliability of other data collected by the heads of the operating administrations of the Department as shall be requested by the Secretary.''; and (D) by adding at the end the following: ``(7) Supporting transportation decisionmaking.--Ensuring that the statistics compiled under paragraph (1) are relevant for transportation decisionmaking by the Federal Government, State and local governments, transportation-related associations, private businesses, and consumers.''; (3) by redesignating subsections (d), (e), and (f) as subsections (h), (i), and (j), respectively; (4) by striking subsection (g); (5) by inserting after subsection (c) the following: ``(d) Intermodal Transportation Data Base.-- ``(1) In general.--In consultation with the Associate Deputy Secretary, the Assistant Secretaries, and the heads of the operating administrations of the Department of Transportation, the Director shall establish and maintain a transportation data base for all modes of transportation. ``(2) Use.--The data base shall be suitable for analyses carried out by the Federal Government, the States, and metropolitan planning organizations. ``(3) Contents.--The data base shall include-- ``(A) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of transportation and intermodal combinations, and by relevant classification; ``(B) information on the volumes and patterns of movement of people, including local, interregional, and international movements, by all modes of transportation (including bicycle and pedestrian modes) and intermodal combinations, and by relevant classification; ``(C) information on the location and connectivity of transportation facilities and services; and ``(D) a national accounting of expenditures and capital stocks on each mode of transportation and intermodal combination. ``(e) National Transportation Library.-- ``(1) In general.--The Director shall establish and maintain a National Transportation Library, which shall contain a collection of statistical and other information needed for transportation decisionmaking at the Federal, State, and local levels. ``(2) Access.--The Director shall facilitate and promote access to the Library, with the goal of improving the ability of the transportation community to share information and the ability of the Director to make statistics readily accessible under subsection (c)(5). ``(3) Coordination.--The Director shall work with other transportation libraries and other transportation information providers, both public and private, to achieve the goal specified in paragraph (2). ``(f) National Transportation Atlas Data Base.-- ``(1) In general.--The Director shall develop and maintain geospatial data bases that depict-- ``(A) transportation networks; ``(B) flows of people, goods, vehicles, and craft over the networks; and ``(C) social, economic, and environmental conditions that affect or are affected by the networks. ``(2) Intermodal network analysis.--The data bases shall be able to support intermodal network analysis. ``(g) Research and Development Grants.-- ``(1) In general.--The Secretary may make grants to, or enter into cooperative agreements or contracts with, public and nonprofit private entities (including State transportation departments, metropolitan planning organizations, and institutions of higher education) for-- ``(A) investigation of the subjects specified in subsection (c)(1) and research and development of new methods of data collection, management, integration, dissemination, interpretation, and analysis; ``(B) development of electronic clearinghouses of transportation data and related information, as part of the National Transportation Library under subsection (e); and ``(C) development and improvement of methods for sharing geographic data, in support of the national transportation atlas data base under subsection (f) and the National Spatial Data Infrastructure developed under Executive Order No. 12906. ``(2) Limitation.--Not more than $500,000 of the amounts made available to carry out this section in a fiscal year may be used to carry out this subsection.''; (6) by striking subsection (i) (as redesignated by paragraph (3) of this subsection) and inserting the following: ``(i) Prohibition on Certain Disclosures.-- ``(1) In general.--An officer or employee of the Bureau may not-- ``(A) make any disclosure in which the data provided by an individual or organization under subsection (c)(2) can be identified; ``(B) use the information provided under subsection (c)(2) for a nonstatistical purpose; or ``(C) permit anyone other than an individual authorized by the Director to examine any individual report provided under subsection (c)(2). ``(2) Prohibition on requests for certain data.-- ``(A) Government agencies.--No department, bureau, agency, officer, or employee of the United States (except the Director in carrying out this section) may require, for any reason, a copy of any report that has been filed under subsection (c)(2) with the Bureau or retained by an individual respondent. ``(B) Courts.--Any copy of a report described in subparagraph (A) that has been retained by an individual respondent or filed with the Bureau or any of its employees, contractors, or agents-- ``(i) shall be immune from legal process; and ``(ii) shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. ``(C) Applicability.--This paragraph shall apply only to reports that permit information concerning an individual or organization to be reasonably inferred by direct or indirect means. ``(3) Data collected for nonstatistical purposes.--In a case in which the Bureau is authorized by statute to collect data or information for a nonstatistical purpose, the Director shall clearly distinguish the collection of the data or information, by rule and on the collection instrument, so as to inform a respondent that is requested or required to supply the data or information of the nonstatistical purpose.''; (7) in subsection (j) (as redesignated by paragraph (3) of this subsection) by striking ``On or before January 1, 1994, and annually thereafter, the'' and inserting ``The''; and (8) by adding at the end the following: ``(k) Proceeds of Data Product Sales.--Notwithstanding section 3302 of title 31, United States Code, funds received by the Bureau from the sale of data products, for necessary expenses incurred, may be credited to the Highway Trust Fund (other than the Mass Transit Account) for the purpose of reimbursing the Bureau for the expenses.''. (b) Conforming Amendments.--Section 5503 of title 49, United States Code, is amended-- (1) by striking subsection (d); and (2) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively. SEC. 5110. UNIVERSITY TRANSPORTATION RESEARCH. (a) In General.--Subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 5505. University transportation research ``(a) Regional Centers.--The Secretary of Transportation shall make grants to nonprofit institutions of higher learning to establish and operate 1 university transportation center in each of the 10 United States Government regions that comprise the Standard Federal Regional Boundary System. ``(b) Other Centers.--The Secretary shall make grants to nonprofit institutions of higher learning to establish and operate university transportation centers, in addition to the centers receiving grants under subsection (a), to address transportation management and research and development matters, with special attention to increasing the number of highly skilled individuals entering the field of transportation. ``(c) Selection of Grant Recipients.-- [[Page H3880]] ``(1) Applications.--In order to be eligible to receive a grant under this section, a nonprofit institution of higher learning shall submit to the Secretary an application that is in such form and contains such information as the Secretary may require. ``(2) Selection criteria.--Except as otherwise provided by this section, the Secretary shall select each recipient of a grant under this section through a competitive process on the basis of the following: ``(A) For regional centers, the location of the center within the Federal region to be served. ``(B) The demonstrated research and extension resources available to the recipient to carry out this section. ``(C) The capability of the recipient to provide leadership in making national and regional contributions to the solution of immediate and long-range transportation problems. ``(D) The recipient's establishment of a surface transportation program encompassing several modes of transportation. ``(E) The recipient's demonstrated commitment of at least $200,000 in regularly budgeted institutional amounts each year to support ongoing transportation research and education programs. ``(F) The recipient's demonstrated ability to disseminate results of transportation research and education programs through a statewide or regionwide continuing education program. ``(G) The strategic plan the recipient proposes to carry out under the grant. ``(d) Objectives.--Each university transportation center receiving a grant under this section shall conduct the following programs and activities: ``(1) Basic and applied research, the products of which are judged by peers or other experts in the field to advance the body of knowledge in transportation. ``(2) An education program that includes multidisciplinary course work and participation in research. ``(3) An ongoing program of technology transfer that makes research results available to potential users in a form that can be implemented, utilized, or otherwise applied. ``(e) Maintenance of Effort.--In order to be eligible to receive a grant under this section, a recipient shall enter into an agreement with the Secretary to ensure that the recipient will maintain total expenditures from all other sources to establish and operate a university transportation center and related research activities at a level at least equal to the average level of such expenditures in its 2 fiscal years prior to award of a grant under this section. ``(f) Federal Share.--The Federal share of the costs of activities carried out using a grant made under this section is 50 percent of costs. The non-Federal share may include funds provided to a recipient under section 503, 504(b), or 505 of title 23, United States Code. ``(g) Program Coordination.-- ``(1) Coordination.--The Secretary shall coordinate the research, education, training, and technology transfer activities that grant recipients carry out under this section, disseminate the results of the research, and establish and operate a clearinghouse. ``(2) Annual review and evaluation.--At least annually and consistent with the plan developed under section 5506, the Secretary shall review and evaluate programs the grant recipients carry out. ``(3) Funding limitation.--The Secretary may use not more than 1 percent of amounts made available from Government sources to carry out this subsection. ``(h) Limitation on Availability of Funds.--Funds made available to carry out this program shall remain available for obligation for a period of 2 years after the last day of the fiscal year for which such funds are authorized. ``(i) Number and Amount of Grants.-- ``(1) Fiscal years 1998 and 1999.--For each of fiscal years 1998 and 1999, the Secretary shall make the following grants under this section: ``(A) Group a.--The Secretary shall make a grant in the amount of $1,000,000 to each of the institutions in group A. ``(B) Group b.--The Secretary shall make a grant in the amount of $300,000 to each of the institutions in group B. ``(C) Group c.--The Secretary shall make a grant in the amount of $750,000 to each of the institutions in group C. ``(D) Group d.--The Secretary shall make a grant in the amount of $2,000,000 to each of the institutions in group D. ``(2) Fiscal years 2000 and 2001.--For each of fiscal years 2000 and 2001, the Secretary shall make the following grants under this section: ``(A) Group a.--The Secretary shall make a grant in the amount of $1,000,000 to each of the institutions in group A. ``(B) Group b.--The Secretary shall make a grant in the amount of $500,000 to 8 of the institutions in group B. ``(C) Group c.--The Secretary shall make a grant in the amount of $750,000 to each of the institutions in group C. ``(D) Group d.--The Secretary shall make a grant in the amount of $2,000,000 to each of the institutions in group D. ``(3) Fiscal years 2002 and 2003.--For each of fiscal years 2002 and 2003, the Secretary shall make the following grants under this section: ``(A) Group a.--The Secretary shall make a grant in the amount of $1,000,000 to each of the institutions in group A. ``(B) Groups b and c.--The Secretary shall make a grant in the amount of $1,000,000 to 10 of the institutions in groups B and C that received grants under this section in fiscal years 2000 and 2001. ``(C) Group d.--The Secretary shall make a grant in the amount of $2,000,000 to each of the institutions in group D. ``(j) Identification of Groups.--For the purpose of making grants this section, the following groups are identified: ``(1) Group a.--Group A shall consist of the 10 regional centers selected under subsection (a). ``(2) Group b.--Group B shall consist of the following: ``(A) The University of Denver and Mississippi State University. ``(B) The University of Central Florida. ``(C) University of Southern California and California State University at Long Beach. ``(D) Rutgers University. ``(E) University of Missouri at Rolla. ``(F) South Carolina State University. ``(G) Joseph P. Kennedy Science and Technology Center, Assumption College, Massachusetts. ``(H) Purdue University. ``(3) Group c.--Group C shall consist of the following: ``(A) University of Arkansas. ``(B) New Jersey Institute of Technology. ``(C) University of Idaho. ``(D) The University of Alabama. ``(E) Morgan State University. ``(F) North Carolina State University. ``(G) San Jose State University. ``(H) University of South Florida. ``(I) North Carolina A. and T. State University. ``(4) Group d.--Group D shall consist of the following: ``(A) University of Minnesota. ``(B) Marshall University, West Virginia, on behalf of a consortium of West Virginia colleges and universities. ``(C) George Mason University, along with the University of Virginia and Virginia Tech University. ``(D) Western Transportation Institute. ``(E) Rhode Island Transportation Research Center. ``(F) Northwestern University.''. (b) Conforming Amendment.--The table of sections for chapter 55 of title 49, United States Code, is amended by inserting after the item relating to section 5504 the following: ``5505. University transportation research.''. (c) Repeals.--Section 5316 and 5317 of title 49, United States Code, and the items relating to such sections in the analysis for chapter 53 of such title, are repealed. SEC. 5111. ADVANCED VEHICLE TECHNOLOGIES PROGRAM. (a) In General.--Subchapter I of chapter 55 of subtitle I of title 49, United States Code (as amended by section 5110 of this Act), is amended by adding at the end the following: ``Sec. 5506. Advanced vehicle technologies program ``(a) Purposes.--The Secretary of Transportation, in coordination with other government agencies and private consortia, shall encourage and promote the research, development, and deployment of transportation technologies that will use technological advances in multimodal vehicles, vehicle components, environmental technologies, and related infrastructure to remove impediments to an efficient, safe, and cost-effective national transportation system. ``(b) Definition of Eligible Consortium.--In this section, the term `eligible consortium' means a consortium that receives funding under the Department of Defense Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1876), and that comprises 2 or more of the following entities: ``(1) Businesses incorporated in the United States. ``(2) Public or private educational or research organizations located in the United States. ``(3) Entities of State or local governments in the United States. ``(4) Federal laboratories. ``(c) Program.--The Secretary shall enter into contracts, cooperative agreements, and other transactions as authorized by section 2371 of title 10 with, and make grants to, eligible consortia to promote the development and deployment of innovation in transportation technology services, management, and operational practices. ``(d) Eligibility Criteria.--To be eligible to receive assistance under this section, an eligible consortium shall-- ``(1) for a period of not less than the 3 years preceding the date of a contract, cooperative agreement, or other transaction, be organized on a statewide or multistate basis for the purpose of designing, developing, and deploying transportation technologies that address identified technological impediments in the transportation field; ``(2) facilitate the participation in the consortium of small- and medium-sized businesses, utilities, public laboratories and universities, and other relevant entities; ``(3) be actively engaged in transportation technology projects that address compliance in nonattainment areas under the Clean Air Act (42 U.S.C. 7401 et seq.); ``(4) be designed to use Federal and State funding to attract private capital in the form of grants or investments to carry out this section; and ``(5) ensure that at least 50 percent of the funding for the consortium project will be provided by non-Federal sources. ``(e) Proposals.--The Secretary shall prescribe such terms and conditions as the Secretary determines to be appropriate for the content and structure of proposals submitted for assistance under this section. ``(f) Reporting Requirements.--At least once each year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the projects undertaken by the eligible consortia and the progress made in advancing the purposes of this section. ``(g) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 1999 through 2003, to remain available until expended. [[Page H3881]] ``(2) Availability.--Notwithstanding section 118(a), funds made available under paragraph (1) shall not be available in advance of an annual appropriation.''. (b) Conforming Amendment.--The analysis for chapter 55 of title 49, United States Code, is amended by inserting after the item relating to section 5505 the following: ``5506. Advanced vehicle technologies program.''. SEC. 5112. STUDY OF FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM. (a) Study.--Not later than 120 days after the date of enactment of this Act, the Secretary shall make a grant to, or enter into a cooperative agreement or contract with, the Transportation Research Board of the National Academy of Sciences (in this section referred to as the ``Board'') to conduct a study to determine the goals, purposes, research agenda and projects, administrative structure, and fiscal needs for a new strategic highway research program to replace the program established under section 307(d) (as in effect on the day before the date of enactment of this Act), or a similar effort. (b) Consultation.--In conducting the study, the Board shall consult with the American Association of State Highway and Transportation Officials and such other entities as the Board determines appropriate to the conduct of the study. (c) Report.--Not later than 5 years after making a grant or entering into a cooperative agreement or contract under subsection (a), the Board shall submit a final report on the results of the study to the Secretary, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 5113. COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL INFORMATION TECHNOLOGIES. (a) In General.--The Secretary shall establish and carry out a program to validate commercial remote sensing products and spatial information technologies for application to national transportation infrastructure development and construction. (b) Program Stages.-- (1) First stage.--Not later than 18 months after the date of enactment of this Act, the Secretary shall establish a national policy for the use of commercial remote sensing products and spatial information technologies in national transportation infrastructure development and construction. (2) Second stage.--After establishment of the national policy under paragraph (1), the Secretary shall develop new applications of commercial remote sensing products and spatial information technologies for the implementation of the national policy. (c) Cooperation.--The Secretary shall carry out this section in cooperation with the Commercial Remote Sensing Program of the National Aeronautics and Space Administration and a consortium of university research centers. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 1999 through 2004. SEC. 5114. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM. With the year 2000 fast approaching, it is the sense of Congress that the Secretary should-- (1) give high priority to correcting all 2-digit date- related problems in computer systems of the Department of Transportation to ensure that the systems continue to operate effectively in the year 2000 and thereafter; (2) assess immediately the extent of the risk to the operations of the Department of Transportation posed by the problems referred to in paragraph (1), and plan and budget for achieving year 2000 compliance for all mission-critical systems of the Department; and (3) develop contingency plans for those systems that the Secretary of Transportation is unable to correct in time. SEC. 5115. INTERNATIONAL TRADE TRAFFIC. (a) Study.--The Director shall carry out a study-- (1) to measure the ton-miles and value-miles of international trade traffic carried by highway for each State; (2) to evaluate the accuracy and reliability of such measures for use in the formula for highway apportionments; (3) to evaluate the accuracy and reliability of the use of diesel fuel data as a measure of international trade traffic by State; and (4) to identify needed improvements in long-term data collection programs to provide accurate and reliable measures of international traffic for use in the formula for highway apportionments. (b) Basis for Evaluations.--The study shall evaluate the accuracy and reliability of measures for use as formula factors based on statistical quality standards developed by the Bureau in consultation with the Committee on National Statistics of the National Academy of Sciences. (c) Report.--Not later than 3 years after the date of enactment of this Act, the Director shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study carried out under paragraph (1), including recommendations for changes in law necessary to implement the identified needs for improvements in long-term data collection programs. SEC. 5116. UNIVERSITY GRANTS. (a) Seismic Research, University of California at San Diego.-- (1) Grants.--The Secretary shall make grants to the University of California at San Diego to upgrade earthquake simulation facilities at the University. (2) Funding.--Of the amounts made available under section 5001(a)(1) of this Act, $1,000,000 for each of fiscal years 1999 through 2002 shall be available to carry out this subsection. (b) Global Climate Research, University of Alabama at Huntsville.-- (1) Grants.--The Secretary shall make grants to the University of Alabama at Huntsville for global climate research. (2) Funding.--Of the amounts made available under section 5001(a)(1) of this Act, $200,000 for each of fiscal years 1999 through 2003 shall be available to carry out this subsection. (c) Asphalt Research, Auburn University.-- (1) Grants.--The Secretary shall make grants to Auburn University for asphalt research. (2) Funding.--Of the amounts made available under section 5001(a)(1) of this Act, $250,000 for each of fiscal years 1999 and 2000 shall be available to carry out this subsection. (d) Advanced Vehicle Research, University of Alabama at Tuscaloosa.-- (1) Grants.--The Secretary shall make grants to the University of Alabama at Tuscaloosa for advanced vehicle research, including the study of fuel cell and electric vehicle technology. (2) Funding.--Of the amounts made available under section 5001(a)(2) of this Act, $400,000 for each of fiscal years 1999 through 2003 shall be available to carry out this subsection. (e) Geothermal Heat Pump Smart Bridge Program, Oklahoma State University.-- (1) Grants.--The Secretary shall make grants to Oklahoma State University for the purposes of research, development, and field testing of the Geothermal Heat Pump Smart Bridge Program. (2) Funding.--Of the amounts made available under section 5001(a)(2) of this Act, $1,000,000 for fiscal year 1999, $1,000,000 for fiscal year 2000, and $500,000 for fiscal year 2001 shall be available to carry out this subsection. (f) Intelligent Stiffener for Bridge Stress Reduction, University of Oklahoma.-- (1) Grants.--The Secretary shall make grants to the University of Oklahoma, College of Engineering, Center for Structural Control, for the purposes of research, development, and field testing of the Intelligent Stiffener for Bridge Stress Reduction. (2) Funding.--Of the amounts made available under section 5001(a)(2) of this Act, $1,000,000 for fiscal year 1999, $1,000,000 for fiscal year 2000, $1,000,000 for fiscal year 2001, and $500,000 for fiscal year 2002 shall be available to carry out this subsection. (g) Study of Advanced Trauma Care, University of Alabama at Birmingham.-- (1) Grants.--The Secretary shall make grants to the University of Alabama at Birmingham for the study of advanced trauma care. (2) Funding.--Of the amounts made available under section 5001(a)(2) of this Act, $750,000 for each of fiscal years 1999 through 2003 shall be available to carry out this subsection. (h) Center for Transportation Injury Research.-- (1) Grants.--The Secretary shall make grants to establish and maintain a center for transportation injury research at the Calspan University of Buffalo Research Center affiliated with the State University of New York at Buffalo. (2) Funding.--Of the amounts made available under section 5001(a)(2) of this Act, $2,000,000 for each of fiscal years 1998 through 2003 shall be available to carry out this subsection. (i) Head and Spinal Cord Injury Research.-- (1) Grants.--The Secretary shall make grants to the Neuroscience Center for Excellence at Louisiana State University and the Virginia Transportation Research Institute at George Washington University for research and technology development for preventing and minimizing head and spinal cord injuries relating to automobile accidents. (2) Funding.--Of the amounts made available under section 5001(a)(2) of this Act, $500,000 for each of fiscal years 1999 through 2003 shall be available to carry out this subsection. SEC. 5117. TRANSPORTATION TECHNOLOGY INNOVATION AND DEMONSTRATION PROGRAM. (a) In General.--The Secretary shall carry out a transportation technology innovation and demonstration program in accordance with the requirements of this section. (b) Contents of Program.-- (1) Motor vehicle safety warning system.-- (A) In general.--The Secretary shall expand and continue the study authorized by section 358(c) of the National Highway System Designation Act of 1995 (23 U.S.C. 401 note; 109 Stat. 625) relating to the development of a motor vehicle safety warning system and shall conduct tests of such system. (B) Grants.--In carrying out this paragraph, the Secretary may make grants to State and local governments. (C) Funding.--Of the amounts made available for each of fiscal years 1998 through 2000 by section 5001(a)(2) of this Act, $700,000 per fiscal year shall be available to carry out this paragraph. (2) Motor carrier advanced sensor control system.-- (A) In general.--The Secretary shall conduct research on the deployment of a system of advanced sensors and signal processors in trucks and tractor trailers to determine axle and wheel alignment, monitor collision alarm, check tire pressure and tire balance conditions, measure and detect load distribution in the vehicle, and monitor and adjust automatic braking systems. (B) Funding.--Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(2) of this Act, $700,000 per fiscal year shall be available to carry out this paragraph. (3) Intelligent transportation infrastructure.-- [[Page H3882]] (A) In general.--The Secretary shall carry out a program to advance the deployment of an operational intelligent transportation infrastructure system for the measurement of various transportation system activities to aid in the transportation planning and analysis while making a significant contribution to the ITS program under this title. This program shall be initiated in the 2 largest metropolitan areas in the State of Pennsylvania. The program may locate its database at the facility authorized under paragraph (6). (B) Description.--The program under this section shall meet the following objectives: (i) Build an infrastructure of the measurement of various transportation system metrics to aid in planning, analysis, and maintenance of the Department of Transportation, including the buildout, maintenance, and operation of greater than 40 metropolitan area systems with a cost not to exceed $2,000,000 per metropolitan area. For the purposes of this demonstration initiative, a metropolitan area is defined as any area that has a population exceeding 300,000 and that meets several of the criteria established by the Secretary in conjunction with the intelligent vehicle highway systems corridors program. (ii) Provide private technology commercialization initiatives to generate revenues which will be shared with local Department of Transportations. (iii) Collect data primarily through wireless transmission along with some shared wide area networks. (iv) Aggregate data into reports for multipoint data distribution techniques. (v) Utilize an advanced information system designed and monitored by an entity with experience with the Department of Transportation in the design and monitoring of high reliability, mission critical voice and data systems. (C) Eligibility.--In addition to the amounts made available under subparagraph (D), the program authorized under this paragraph shall be eligible for funding under sections 5207 and 5208 of this Act. (D) Funding.--Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(2) of this Act, $1,700,000 per fiscal year shall be available to carry out this paragraph. (E) Federal share.--The Federal share of the cost of a program carried out under this paragraph shall be 80 percent of the cost of such program. (4) Corrosion control and prevention.-- (A) In general.--The Secretary shall make a grant to conduct a study on the costs and benefits of corrosion control and prevention. The study shall be conducted in conjunction with an interdisciplinary team of experts from the fields of metallurgy, chemistry, economics, and others, as appropriate. Not later than September 30, 2001, the Secretary shall submit to Congress a report on the study results, together with any recommendations. (B) Funding.--Of the amounts made available for each of fiscal years 1999 and 2000 by section 5001(a)(1) of this Act, $500,000 per fiscal year shall be available to carry out this paragraph. (5) Fundamental properties of asphalts and modified asphalts.-- (A) In general.--The Secretary shall continue to carry out section 6016 of the Intermodal Surface Transportation Efficiency Act of 1991. Additional areas of the program under such section shall be asphalt-water interaction studies and asphalt-aggregate thin film behavior studies. (B) Funding.--Of the amounts made available for each of fiscal years 1999 through 2003 by section 5001(a)(1) of this Act, $3,000,000 per fiscal year shall be available to carry out this paragraph. (6) Advanced Traffic Monitoring and Response Center.-- (A) In general.--The Secretary shall make grants to the Pennsylvania Transportation Institute, in conjunction with the Pennsylvania Turnpike Commission, to establish an advanced traffic monitoring and emergency response center at Letterkenny Army Depot in Chambersburg, Pennsylvania. The center shall help develop and coordinate traffic monitoring and ITS systems on portions of the Pennsylvania Turnpike system and I-81, coordinate emergency response with State and local governments in the Central Pennsylvania Region and conduct research on emergency response and prototype trauma response. (B) Funding.-- (i) Eligibility under section 5208.--The center established under this paragraph shall be eligible for funding under section 5208 of this Act. (ii) Allocation.--Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(2) of this Act, $1,667,000 per fiscal year shall be available to carry out this paragraph. (7) Transportation economic and land use system.-- (A) In general.--The Secretary shall continue development and deployment through the New Jersey Institute of Technology to metropolitan planning organizations of the Transportation Economic and Land Use System. (B) Funding.--Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(2) of this Act, $1,000,000 per fiscal year shall be available to carry out this paragraph. (8) Recycled materials resource center.-- (A) Establishment.--The Secretary shall establish at the University of New Hampshire a research program to be known as the ``Recycled Materials Resource Center'' (referred to in this paragraph as the ``Center''). (B) Activities.-- (i) In general.--The Center shall-- (I) systematically test, evaluate, develop appropriate guidelines for, and demonstrate environmentally acceptable and occupationally safe technologies and techniques for the increased use of traditional and nontraditional recycled and secondary materials in transportation infrastructure construction and maintenance; (II) make information available to State transportation departments, the Federal Highway Administration, the construction industry, and other interested parties to assist in evaluating proposals to use traditional and nontraditional recycled and secondary materials in transportation infrastructure construction; (III) encourage the increased use of traditional and nontraditional recycled and secondary materials by using sound science to analyze thoroughly all potential long-term considerations that affect the physical and environmental performance of the materials; and (IV) work cooperatively with Federal and State officials to reduce the institutional barriers that limit widespread use of traditional and nontraditional recycled and secondary materials and to ensure that such increased use is consistent with the sustained environmental and physical integrity of the infrastructure in which the materials are used. (ii) Sites and projects under actual field conditions.--In carrying out clause (i)(III), the Secretary may authorize the Center to-- (I) use test sites and demonstration projects under actual field conditions to develop appropriate performance data; and (II) develop appropriate tests and guidelines to ensure correct use of recycled and secondary materials in transportation infrastructure construction. (C) Review and Evaluation.-- (i) In general.--Not less often than every 2 years, the Secretary shall review and evaluate the program carried out by the Center. (ii) Notification of deficiencies.--In carrying out clause (i), if the Secretary determines that the Center is deficient in carrying out subparagraph (B), the Secretary shall notify the Center of each deficiency and recommend specific measures to address the deficiency. (iii) Disqualification.--If, after the end of the 180-day period that begins on the date of notification to the Center under clause (ii), the Secretary determines that the Center has not corrected each deficiency identified under clause (ii), the Secretary may, after notifying the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the determination, disqualify the Center from further participation under this section. (D) Funding.--Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(1) of this Act, $1,500,000 per fiscal year shall be available to carry out this paragraph. SEC. 5118. DREXEL UNIVERSITY INTELLIGENT INFRASTRUCTURE INSTITUTE. (a) In General.--The Secretary, in cooperation with the State of Pennsylvania, shall establish the Intelligent Infrastructure Institute at Drexel University, Pennsylvania. The Institute shall conduct research, training, technology transfer, construction, maintenance, and other activities to advance infrastructure research. (b) Funding.--The amounts made available by the item numbered 315 in the table contained in section 1602 of this Act shall be available to carry out this section. (c) Authorization.--There is authorized to be appropriated $10,000,000 to carry out subsection (a). (d) Facility.--Funds made available to carry out this section may be used to construct a building to house the Institute. SEC. 5119. CONFORMING AMENDMENTS. (a) Section 204(b) of title 23, United States Code, is amended in the last sentence by striking ``326'' and inserting ``504(b)''. (b) Sections 307, 321, 325, and 326 of title 23, United States Code, are repealed. (c) The analysis for chapter 3 of title 23, United States Code, is amended by striking the items relating to sections 307, 321, 325, and 326. (d) Section 115(a)(1)(A)(i) of title 23, United States Code, is amended by striking ``or 307'' and inserting ``or 505''. (e) Section 151(d) of title 23, United States Code, is amended by striking ``section 307(a),'' and inserting ``section 502,''. (f) Section 106 of Public Law 89-564 (23 U.S.C. 403 note; 80 Stat. 735) is amended in the third sentence by striking ``sections 307 and 403 of title 23, United States Code,'' and inserting ``section 403 and chapter 5 of title 23, United States Code,''. Subtitle C--Intelligent Transportation Systems SEC. 5201. SHORT TITLE. This subtitle may be cited as the ``Intelligent Transportation Systems Act of 1998''. SEC. 5202. FINDINGS. Congress finds that-- (1) investments authorized by the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1914 et seq.) have demonstrated that intelligent transportation systems can mitigate surface transportation problems in a cost-effective manner; and (2) continued investment in architecture and standards development, research, and systems integration is needed to accelerate the rate at which intelligent transportation systems are incorporated into the national surface transportation network, thereby improving transportation safety and efficiency and reducing costs and negative impacts on communities and the environment. SEC. 5203. GOALS AND PURPOSES. (a) Goals.--The goals of the intelligent transportation system program include-- (1) enhancement of surface transportation efficiency and facilitation of intermodalism and international trade to enable existing facilities to meet a significant portion of future transportation needs, including public access to employment, goods, and services, and to reduce regulatory, financial, and other transaction costs to public agencies and system users; [[Page H3883]] (2) achievement of national transportation safety goals, including the enhancement of safe operation of motor vehicles and nonmotorized vehicles, with particular emphasis on decreasing the number and severity of collisions; (3) protection and enhancement of the natural environment and communities affected by surface transportation, with particular emphasis on assisting State and local governments to achieve national environmental goals; (4) accommodation of the needs of all users of surface transportation systems, including operators of commercial vehicles, passenger vehicles, and motorcycles, and including individuals with disabilities; and (5) improvement of the Nation's ability to respond to emergencies and natural disasters and enhancement of national defense mobility. (b) Purposes.--The Secretary shall implement activities under the intelligent system transportation program to, at a minimum-- (1) expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for consumers of passenger and freight transportation; (2) ensure that Federal, State, and local transportation officials have adequate knowledge of intelligent transportation systems for full consideration in the transportation planning process; (3) improve regional cooperation and operations planning for effective intelligent transportation system deployment; (4) promote the innovative use of private resources; (5) develop a workforce capable of developing, operating, and maintaining intelligent transportation systems; and (6) complete deployment of Commercial Vehicle Information Systems and Networks in a majority of States by September 30, 2003. SEC. 5204. GENERAL AUTHORITIES AND REQUIREMENTS. (a) Scope.--Subject to the provisions of this subtitle, the Secretary shall conduct an ongoing intelligent transportation system program to research, develop, and operationally test intelligent transportation systems and advance nationwide deployment of such systems as a component of the surface transportation systems of the United States. (b) Policy.--Intelligent transportation system operational tests and deployment projects funded pursuant to this subtitle shall encourage and not displace public-private partnerships or private sector investment in such tests and projects. (c) Cooperation With Governmental, Private, and Educational Entities.--The Secretary shall carry out the intelligent transportation system program in cooperation with State and local governments and other public entities, the United States private sector, the Federal laboratories, and colleges and universities, including historically black colleges and universities and other minority institutions of higher education. (d) Consultation With Federal Officials.--In carrying out the intelligent transportation system program, the Secretary, as appropriate, shall consult with the Secretary of Commerce, the Secretary of the Treasury, the Administrator of the Environmental Protection Agency, the Director of the National Science Foundation, and the heads of other Federal departments and agencies. (e) Technical Assistance, Training, and Information.--The Secretary may provide technical assistance, training, and information to State and local governments seeking to implement, operate, maintain, or evaluate intelligent transportation system technologies and services. (f) Transportation Planning.--The Secretary may provide funding to support adequate consideration of transportation system management and operations, including intelligent transportation systems, within metropolitan and statewide transportation planning processes. (g) Information Clearinghouse.-- (1) In general.--The Secretary shall-- (A) maintain a repository for technical and safety data collected as a result of federally sponsored projects carried out under this subtitle; and (B) on request, make that information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost. (2) Delegation of authority.-- (A) In general.--The Secretary may delegate the responsibility of the Secretary under this subsection, with continuing oversight by the Secretary, to an appropriate entity not within the Department of Transportation. (B) Federal assistance.--If the Secretary delegates the responsibility, the entity to which the responsibility is delegated shall be eligible for Federal assistance under this section. (h) Advisory Committees.-- (1) In general.--In carrying out this subtitle, the Secretary may use 1 or more advisory committees. (2) Applicability of federal advisory committee act.--Any advisory committee so used shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (i) Procurement Methods.-- (1) Technical assistance.--The Secretary shall develop appropriate technical assistance and guidance to assist State and local agencies in evaluating and selecting appropriate methods of procurement for intelligent transportation system projects carried out using funds made available from the Highway Trust Fund, including innovative and nontraditional methods such as the Information Technology Omnibus Procurement. (2) Intelligent transportation system software.--To the maximum extent practicable, contracting officials shall use as a critical evaluation criterion the Software Engineering Institute's Capability Maturity Model, or another similar recognized standard risk assessment methodology, to reduce the cost, schedule, and performance risks associated with the development, management, and integration of intelligent transportation system software. (j) Evaluations.-- (1) Guidelines and requirements.-- (A) In general.--The Secretary shall issue guidelines and requirements for the evaluation of operational tests and deployment projects carried out under this subtitle. (B) Objectivity and independence.--The guidelines and requirements issued under subparagraph (A) shall include provisions to ensure the objectivity and independence of the evaluator so as to avoid any real or apparent conflict of interest or potential influence on the outcome by parties to any such test or deployment project or by any other formal evaluation carried out under this subtitle. (C) Funding.--The guidelines and requirements issued under subparagraph (A) shall establish evaluation funding levels based on the size and scope of each test or project that ensure adequate evaluation of the results of the test or project. (2) Special rule.--Any survey, questionnaire, or interview that the Secretary considers necessary to carry out the evaluation of any test, deployment project, or program assessment activity under this subtitle shall not be subject to chapter 35 of title 44. SEC. 5205. NATIONAL ITS PROGRAM PLAN. (a) In General.-- (1) Updates.--The Secretary shall maintain and update, as necessary, the National ITS Program Plan developed by the Department of Transportation and the Intelligent Transportation Society of America. (2) Scope.--The National ITS Program Plan shall-- (A) specify the goals, objectives, and milestones for the research and deployment of intelligent transportation systems in the context of major metropolitan areas, smaller metropolitan and rural areas, and commercial vehicle operations; (B) specify how specific programs and projects will achieve the goals, objectives, and milestones referred to in subparagraph (A), including consideration of the 5- and 10- year timeframes for the goals and objectives; (C) identify activities that provide for the dynamic development of standards and protocols to promote and ensure interoperability in the implementation of intelligent transportation system technologies, including actions taken to establish critical standards; and (D) establish a cooperative process with State and local governments for determining desired surface transportation system performance levels and developing plans for incorporation of specific intelligent transportation system capabilities into surface transportation systems. (b) Reporting.--The plan described in subsection (a) shall be transmitted and updated as part of the Surface Transportation Research and Development Strategic Plan developed under section 508 of title 23, United States Code. SEC. 5206. NATIONAL ARCHITECTURE AND STANDARDS. (a) In General.-- (1) Development, implementation, and maintenance.-- Consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783), the Secretary shall develop, implement, and maintain a national architecture and supporting standards and protocols to promote the widespread use and evaluation of intelligent transportation system technology as a component of the surface transportation systems of the United States. (2) Interoperability and efficiency.--To the maximum extent practicable, the national architecture shall promote interoperability among, and efficiency of, intelligent transportation system technologies implemented throughout the United States. (3) Use of standards development organizations.--In carrying out this section, the Secretary may use the services of such standards development organizations as the Secretary determines to be appropriate. (b) Report on Critical Standards.--Not later than June 1, 1999, the Secretary shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure and the Committee on Science of the House of Representatives identifying which standards are critical to ensuring national interoperability or critical to the development of other standards and specifying the status of the development of each standard identified. (c) Provisional Standards.-- (1) In general.--If the Secretary finds that the development or balloting of an intelligent transportation system standard jeopardizes the timely achievement of the objectives identified in subsection (a), the Secretary may establish a provisional standard after consultation with affected parties, and using, to the extent practicable, the work product of appropriate standards development organizations. (2) Critical standards.--If a standard identified as critical in the report under subsection (b) is not adopted and published by the appropriate standards development organization by January 1, 2001, the Secretary shall establish a provisional standard after consultation with affected parties, and using, to the extent practicable, the work product of appropriate standards development organizations. (3) Period of effectiveness.--A provisional standard established under paragraph (1) or (2) shall be published in the Federal Register and remain in effect until the appropriate standards development organization adopts and publishes a standard. (d) Waiver of Requirement To Establish Provisional Standard.-- [[Page H3884]] (1) In general.--The Secretary may waive the requirement under subsection (c)(2) to establish a provisional standard if the Secretary determines that additional time would be productive or that establishment of a provisional standard would be counterproductive to achieving the timely achievement of the objectives identified in subsection (a). (2) Notice.--The Secretary shall publish in the Federal Register a notice describing each standard for which a waiver of the provisional standard requirement has been granted, the reasons for and effects of granting the waiver, and an estimate as to when the standard is expected to be adopted through a process consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783). (3) Withdrawal of waiver.--At any time the Secretary may withdraw a waiver granted under paragraph (1). Upon such withdrawal, the Secretary shall publish in the Federal Register a notice describing each standard for which a waiver has been withdrawn and the reasons for withdrawing the waiver. (e) Conformity With National Architecture.-- (1) In general.--Except as provided in paragraphs (2) and (3), the Secretary shall ensure that intelligent transportation system projects carried out using funds made available from the Highway Trust Fund, including funds made available under this subtitle to deploy intelligent transportation system technologies, conform to the national architecture, applicable standards or provisional standards, and protocols developed under subsection (a). (2) Secretary's discretion.--The Secretary may authorize exceptions to paragraph (1) for-- (A) projects designed to achieve specific research objectives outlined in the National ITS Program Plan under section 5205 or the Surface Transportation Research and Development Strategic Plan developed under section 508 of title 23, United States Code; or (B) the upgrade or expansion of an intelligent transportation system in existence on the date of enactment of this subtitle, if the Secretary determines that the upgrade or expansion-- (i) would not adversely affect the goals or purposes of this subtitle; (ii) is carried out before the end of the useful life of such system; and (iii) is cost-effective as compared to alternatives that would meet the conformity requirement of paragraph (1). (3) Exceptions.--Paragraph (1) shall not apply to funds used for operation or maintenance of an intelligent transportation system in existence on the date of enactment of this subtitle. (f) Spectrum.--The Federal Communications Commission shall consider, in consultation with the Secretary, spectrum needs for the operation of intelligent transportation systems, including spectrum for the dedicated short-range vehicle-to- wayside wireless standard. Not later than January 1, 2000, the Federal Communications Commission shall have completed a rulemaking considering the allocation of spectrum for intelligent transportation systems. SEC. 5207. RESEARCH AND DEVELOPMENT. (a) In General.--The Secretary shall carry out a comprehensive program of intelligent transportation system research, development and operational tests of intelligent vehicles and intelligent infrastructure systems, and other similar activities that are necessary to carry out this subtitle. (b) Priority Areas.--Under the program, the Secretary shall give higher priority to funding projects that-- (1) address traffic management, incident management, transit management, toll collection, traveler information, or highway operations systems; (2) focus on crash-avoidance and integration of in-vehicle crash protection technologies with other on-board safety systems, including the interaction of air bags and safety belts; (3) incorporate human factors research, including the science of the driving process; (4) facilitate the integration of intelligent infrastructure, vehicle, and control technologies, including magnetic guidance control systems or other materials or magnetics research; or (5) incorporate research on the impact of environmental, weather, and natural conditions on intelligent transportation systems, including the effects of cold climates. (c) Operational Tests.--Operational tests conducted under this section shall be designed for the collection of data to permit objective evaluation of the results of the tests, derivation of cost-benefit information that is useful to others contemplating deployment of similar systems, and development and implementation of standards. (d) Federal Share.--The Federal share of the cost of operational tests and demonstrations under subsection (a) shall not exceed 80 percent. SEC. 5208. INTELLIGENT TRANSPORTATION SYSTEM INTEGRATION PROGRAM. (a) In General.--The Secretary shall conduct a comprehensive program to accelerate the integration and interoperability of intelligent transportation systems in metropolitan and rural areas. Under the program, the Secretary shall select for funding, through competitive solicitation, projects that will serve as models to improve transportation efficiency, promote safety (including safe freight movement), increase traffic flow (including the flow of intermodal travel at ports of entry), reduce emissions of air pollutants, improve traveler information, enhance alternative transportation modes, build on existing intelligent transportation system projects, or promote tourism. (b) Selection of Projects.--Under the program, the Secretary shall give priority to funding projects that-- (1) contribute to national deployment goals and objectives outlined in the National ITS Program Plan under section 5205; (2) demonstrate a strong commitment to cooperation among agencies, jurisdictions, and the private sector, as evidenced by signed memoranda of understanding that clearly define the responsibilities and relations of all parties to a partnership arrangement, including institutional relationships and financial agreements needed to support deployment; (3) encourage private sector involvement and financial commitment, to the maximum extent practicable, through innovative financial arrangements, especially public-private partnerships, including arrangements that generate revenue to offset public investment costs; (4) demonstrate commitment to a comprehensive plan of fully integrated intelligent transportation system deployment in accordance with the national architecture and standards and protocols established under section 5206; (5) are part of approved plans and programs developed under applicable statewide and metropolitan transportation planning processes and applicable State air quality implementation plans, as appropriate, at the time at which Federal funds are sought; (6) minimize the relative percentage and amount of Federal contributions under this section to total project costs; (7) ensure continued, long-term operations and maintenance without continued reliance on Federal funding under this subtitle, as evidenced by documented evidence of fiscal capacity and commitment from anticipated public and private sources; (8) demonstrate technical capacity for effective operations and maintenance or commitment to acquiring necessary skills; (9) mitigate any adverse impacts on bicycle and pedestrian transportation and safety; or (10) in the case of a rural area, meet other safety, mobility, geographic and regional diversity, or economic development criteria as determined by the Secretary. (c) Fiscal Year Limitations.--Of the amounts made available to carry out this section for a fiscal year-- (1) not more that $15,000,000 may be used for projects in a single metropolitan area; (2) not more than $2,000,000 may be used for projects in a single rural area; and (3) not more than $35,000,000 may be used for projects in a State. (d) Funding Limitations.-- (1) Projects in metropolitan areas.--Funding under this section for intelligent transportation infrastructure projects in metropolitan areas shall be used primarily for activities necessary to integrate intelligent transportation infrastructure elements that are either deployed or to be deployed with other sources of funds. (2) Other projects.--For projects outside metropolitan areas, funding provided under this subtitle may also be used for installation of intelligent transportation infrastructure elements. (e) Funding for Rural Areas.--The Secretary shall allocate not less than 10 percent of funds authorized by section 5001(c)(4)(A) in rural areas for intelligent transportation infrastructure deployment activities funded under this section to carry out intelligent transportation infrastructure deployment activities in rural areas. (f) Federal Share.-- (1) Funds made available under this section.--The Federal share of the cost of a project payable from funds made available under this section shall not exceed 50 percent. (2) Funds made available from all federal sources.--The total Federal share of the cost of a project payable from all eligible sources (including this section) shall not exceed 80 percent. (g) Corridor Development and Coordination.-- (1) In general.--The Secretary shall encourage multistate cooperative agreements, coalitions, or other arrangements intended to promote regional cooperation, planning, and shared project implementation for intelligent transportation system projects. (2) Great lakes its implementation.-- (A) In general.--The Secretary shall make grants under this subsection to the State of Wisconsin to continue ITS activities in the corridor serving the Greater Milwaukee, Wisconsin, Chicago, Illinois, and Gary, Indiana, areas initiated under the Intermodal Surface Transportation Efficiency Act of 1991 and other areas of the State. (B) Funding.--Of the amounts made available for each of fiscal years 1998 through 2003 under section 5001(c)(4)(A) of this Act, $2,000,000 per fiscal year shall be available to carry out this paragraph. (3) Northeast its implementation.-- (A) In general.--The Secretary shall make grants under this subsection to the States to continue ITS activities in the Interstate Route I-95 corridor in the northeastern United States initiated under the Intermodal Surface Transportation Efficiency Act of 1991. (B) Funding.--Of the amounts made available for each of fiscal years 1998 through 2003 under section 5001(c)(4)(A) of this Act, $5,000,000 per fiscal year shall be available to carry out this paragraph. SEC. 5209. COMMERCIAL VEHICLE INTELLIGENT TRANSPORTATION SYSTEM INFRASTRUCTURE DEPLOYMENT. (a) In General.--The Secretary shall carry out a comprehensive program to deploy intelligent transportation systems that-- (1) improve the safety and productivity of commercial vehicles and drivers; and (2) reduce costs associated with commercial vehicle operations and Federal and State commercial vehicle regulatory requirements. (b) Purpose.--The program shall advance the technological capability and promote the deployment of intelligent transportation system applications to commercial vehicle operations, [[Page H3885]] including commercial vehicle, commercial driver, and carrier- specific information systems and networks. (c) Priority Areas.--In carrying out the program, the Secretary shall give priority to projects that-- (1) encourage multistate cooperation and corridor development; (2)(A) improve the safety of commercial vehicle operations; and (B) increase the efficiency of regulatory inspection processes to reduce administrative burdens by advancing technology to facilitate inspections and generally increase the effectiveness of enforcement efforts; (3)(A) advance electronic processing of registration information, driver licensing information, fuel tax information, inspection and crash data, and other safety information; and (B) promote communication of the information among the States; or (4) enhance the safe passage of commercial vehicles across the United States and across international borders. (d) Leveraging of Federal Funds.--Federal funds used to carry out the program shall, to the maximum extent practicable-- (1) be leveraged with non-Federal funds; and (2) be used for activities not carried out through the use of private funds. (e) Federal Share.--The Federal share of the cost of the project payable from funds made available to carry out this section shall not exceed 50 percent. The total Federal share of the cost of the project payable from all eligible sources shall not exceed 80 percent. SEC. 5210. USE OF FUNDS. (a) Outreach and Public Relations Limitation.-- (1) In general.--For each fiscal year, not more than $5,000,000 of the funds made available to carry out this subtitle shall be used for intelligent transportation system outreach, public relations, displays, scholarships, tours, and brochures. (2) Applicability.--Paragraph (1) shall not apply to intelligent transportation system training or the publication or distribution of research findings, technical guidance, or similar documents. (b) Infrastructure Development.--Funds made available to carry out this subtitle for operational tests and deployment projects-- (1) shall be used primarily for the development of intelligent transportation system infrastructure; and (2) to the maximum extent practicable, shall not be used for the construction of physical highway and transit infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project. (c) Life Cycle Cost Analysis and Financing and Operations Plan.--The Secretary shall require an applicant for funds made available under sections 5208 and 5209 to submit to the Secretary-- (1) an analysis of the life-cycle costs of operation and maintenance of intelligent transportation system elements, if the total initial capital costs of the elements exceed $3,000,000; and (2) a multiyear financing and operations plan that describes how the project will be cost-effectively operated and maintained. SEC. 5211. DEFINITIONS. In this subtitle, the following definitions apply: (1) Commercial vehicle information systems and networks.-- The term ``Commercial Vehicle Information Systems and Networks'' means the information systems and communications networks that support commercial vehicle operations. (2) Commercial vehicle operations.--The term ``commercial vehicle operations''-- (A) means motor carrier operations and motor vehicle regulatory activities associated with the commercial movement of goods, including hazardous materials, and passengers; and (B) with respect to the public sector, includes the issuance of operating credentials, the administration of motor vehicle and fuel taxes, and roadside safety and border crossing inspection and regulatory compliance operations. (3) Corridor.--The term ``corridor'' means any major transportation route that includes parallel limited access highways, major arterials, or transit lines. (4) Intelligent transportation infrastructure.--The term ``intelligent transportation infrastructure'' means fully integrated public sector intelligent transportation system components, as defined by the Secretary. (5) Intelligent transportation system.--The term ``intelligent transportation system'' means electronics, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system. (6) National architecture.--The term ``national architecture'' means the common framework for interoperability adopted by the Secretary that defines-- (A) the functions associated with intelligent transportation system user services; (B) the physical entities or subsystems within which the functions reside; (C) the data interfaces and information flows between physical subsystems; and (D) the communications requirements associated with the information flows. (7) Standard.--The term ``standard'' means a document that-- (A) contains technical specifications or other precise criteria for intelligent transportation systems that are to be used consistently as rules, guidelines, or definitions of characteristics so as to ensure that materials, products, processes, and services are fit for their purposes; and (B) may support the national architecture and promote-- (i) the widespread use and adoption of intelligent transportation system technology as a component of the surface transportation systems of the United States; and (ii) interoperability among intelligent transportation system technologies implemented throughout the States. (8) State.--The term ``State'' has the meaning given the term under section 101 of title 23, United States Code. SEC. 5212. PROJECT FUNDING. (a) Use of Hazardous Materials Monitoring Systems.-- (1) In general.--The Secretary shall conduct research on improved methods of deploying and integrating existing ITS projects to include hazardous materials monitoring systems across various modes of transportation. (2) Funding.--Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(6) of this Act, $1,500,000 per fiscal year shall be available to carry out this paragraph. (b) Outreach and Technology Transfer Activities.-- (1) In general.--The Secretary shall continue to support the Urban Consortium's ITS outreach and technology transfer activities. (2) Funding.--Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(5) of this Act, $500,000 per fiscal year shall be available to carry out this paragraph. (c) Translink.-- (1) In general.--The Secretary shall make grants to the Texas Transportation Institute to continue the Translink Research program. (2) Funding.--Of the amounts allocated for each of fiscal years 1999 through 2001 by section 5001(a)(6) of this Act, $1,300,000 per fiscal year shall be available to carry out this paragraph. SEC. 5213. REPEAL. The Intermodal Surface Transportation Efficiency Act of 1991 is amended by striking part B of title VI (23 U.S.C. 307 note; 105 Stat. 2189). TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS SEC. 6101. FINDINGS AND PURPOSE. (a) The Congress finds that-- (1) there is a lack of air quality monitoring data for fine particle levels, measured as PM<INF>2.5</INF>, in the United States and the States should receive full funding for the monitoring efforts; (2) such data would provide a basis for designating areas as attainment or nonattainment for any PM<INF>2.5</INF> national ambient air quality standards pursuant to the standards promulgated in July 1997; (3) the President of the United States directed the Administrator of the Environmental Protection Agency (referred to in this title as the ``Administrator'') in a memorandum dated July 16, 1997, to complete the next periodic review of the particulate matter national ambient air quality standards by July 2002 in order to determine ``whether to revise or maintain the standards''; (4) the Administrator has stated that 3 years of air quality monitoring data for fine particle levels, measured as PM<INF>2.5</INF> and performed in accordance with any applicable Federal reference methods, is appropriate for designating areas as attainment or nonattainment pursuant to the July 1997 promulgated standards; and (5) the Administrator has acknowledged that in drawing boundaries for attainment and nonattainment areas for the July 1997 ozone national air quality standards, Governors would benefit from considering implementation guidance from EPA on drawing area boundaries. (b) The purposes of this title are-- (1) to ensure that 3 years of air quality monitoring data regarding fine particle levels are gathered for use in the determination of area attainment or nonattainment designations respecting any PM<INF>2.5</INF> national ambient air quality standards; (2) to ensure that the Governors have adequate time to consider implementation guidance from EPA on drawing area boundaries prior to submitting area designations respecting the July 1997 ozone national ambient air quality standards; (3) to ensure that the schedule for implementation of the July 1997 revisions of the ambient air quality standards for particulate matter and the schedule for the Environmental Protection Agency's visibility regulations related to regional haze are consistent with the timetable for implementation of such particulate matter standards as set forth in the President's Implementation Memorandum dated July 16, 1997. SEC. 6102. PARTICULATE MATTER MONITORING PROGRAM. (a) Through grants under section 103 of the Clean Air Act the Administrator of the Environmental Protection Agency shall use appropriated funds no later than fiscal year 2000 to fund 100 percent of the cost of the establishment, purchase, operation and maintenance of a PM<INF>2.5</INF> monitoring network necessary to implement the national ambient air quality standards for PM<INF>2.5</INF> under section 109 of the Clean Air Act. This implementation shall not result in a diversion or reprogramming of funds from other Federal, State or local Clean Air Act activities. Any funds previously diverted or reprogrammed from section 105 Clean Air Act grants for PM<INF>2.5</INF> monitors must be restored to State or local air programs in fiscal year 1999. (b) EPA and the States, consistent with their respective authorities under the Clean Air Act, shall ensure that the national network (designated in subsection (a)) which consists of the PM<INF>2.5</INF> monitors necessary to implement the national ambient air quality standards is established by December 31, 1999. (c)(1) The Governors shall be required to submit designations referred to in section 107(d)(1) of the Clean Air Act for each area following promulgation of the July 1997 PM<INF>2.5</INF> national ambient air quality standard within 1 year after receipt of 3 years of air quality monitoring data [[Page H3886]] performed in accordance with any applicable Federal reference methods for the relevant areas. Only data from the monitoring network designated in subsection (a) and other Federal reference method PM<INF>2.5</INF> monitors shall be considered for such designations. Nothing in the previous sentence shall be construed as affecting the Governor's authority to designate an area initially as nonattainment, and the Administrator's authority to promulgate the designation of an area as nonattainment, under section 107(d)(1) of the Clean Air Act, based on its contribution to ambient air quality in a nearby nonattainment area. (2) For any area designated as nonattainment for the July 1997 PM<INF>2.5</INF> national ambient air quality standard in accordance with the schedule set forth in this section, notwithstanding the time limit prescribed in paragraph (2) of section 169B(e) of the Clean Air Act, the Administrator shall require State implementation plan revisions referred to in such paragraph (2) to be submitted at the same time as State implementation plan revisions referred to in section 172 of the Clean Air Act implementing the revised national ambient air quality standard for fine particulate matter are required to be submitted. For any area designated as attainment or unclassifiable for such standard, the Administrator shall require the State implementation plan revisions referred to in such paragraph (2) to be submitted 1 year after the area has been so designated. The preceding provisions of this paragraph shall not preclude the implementation of the agreements and recommendations set forth in the Grand Canyon Visibility Transport Commission Report dated June 1996. (d) The Administrator shall promulgate the designations referred to in section 107(d)(1) of the Clean Air Act for each area following promulgation of the July 1997 PM<INF>2.5</INF> national ambient air quality standard by the earlier of 1 year after the initial designations required under subsection (c)(1) are required to be submitted or December 31, 2005. (e) The Administrator shall conduct a field study of the ability of the PM<INF>2.5</INF> Federal Reference Method to differentiate those particles that are larger than 2.5 micrograms in diameter. This study shall be completed and provided to the Committee on Commerce of the House of Representatives and the Committee on Environment and Public Works of the United States Senate no later than 2 years from the date of enactment of this Act. SEC. 6103. OZONE DESIGNATION REQUIREMENTS. (a) The Governors shall be required to submit the designations referred to in section 107(d)(1) of the Clean Air Act within 2 years following the promulgation of the July 1997 ozone national ambient air quality standards. (b) The Administrator shall promulgate final designations no later than 1 year after the designations required under subsection (a) are required to be submitted. SEC. 6104. ADDITIONAL PROVISIONS. Nothing in sections 6101 through 6103 shall be construed by the Administrator of Environmental Protection Agency or any court, State, or person to affect any pending litigation or to be a ratification of the ozone or PM<INF>2.5</INF> standards. TITLE VII--MISCELLANEOUS Subtitle A--Automobile Safety and Information SEC 7101. SHORT TITLE. This subtitle may be cited as the ``National Highway Traffic Safety Administration Reauthorization Act of 1998''. SEC. 7102. AUTHORIZATIONS OF APPROPRIATIONS. (a) Motor Vehicle Safety Activities.--Section 30104 of title 49, United States Code, is amended to read as follows: ``Sec. 30104. Authorization of appropriations ``There is authorized to be appropriated to the Secretary $81,200,000 for the National Highway Traffic Safety Administration to carry out this part in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2001.''. (b) Motor Vehicle Information Activities.--Section 32102 of title 49, United States Code, is amended to read as follows: ``Sec. 32102. Authorization of appropriations ``There is authorized to be appropriated to the Secretary $6,200,000 for the National Highway Traffic Safety Administration to carry out this part in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2001.''. SEC. 7103. IMPROVING AIR BAG SAFETY. (a) Rulemaking To Improve Air Bags.-- (1) Notice of proposed rulemaking.--Not later than September 1, 1998, the Secretary of Transportation shall issue a notice of proposed rulemaking to improve occupant protection for occupants of different sizes, belted and unbelted, under Federal Motor Vehicle Safety Standard No. 208, while minimizing the risk to infants, children, and other occupants from injuries and deaths caused by air bags, by means that include advanced air bags. (2) Final rule.--Notwithstanding any other provision of law, the Secretary shall complete the rulemaking required by this subsection by issuing, not later than September 1, 1999, a final rule with any provision the Secretary deems appropriate, consistent with paragraph (1) and the requirements of section 30111, title 49, United States Code. If the Secretary determines that the final rule cannot be completed by that date to meet the purposes of paragraph (1), the Secretary may extend the date for issuing the final rule to not later than March 1, 2000. (3) Effective date.--The final rule issued under this subsection shall become effective in phases as rapidly as practicable, beginning not earlier than September 1, 2002, and no sooner than 30 months after the date of the issuance of the final rule, but not later than September 1, 2003. The final rule shall become fully effective for all vehicles identified in section 30127(b), title 49, United States Code, that are manufactured on and after September 1, 2005. Should the phase-in of the final rule required by this paragraph commence on September 1, 2003, then in that event, and only in that event, the Secretary is authorized to make the final rule fully effective on September 1, 2006, for all vehicles that are manufactured on and after that date. (4) Coordination of effective dates.--The requirements of S13 of Standard No. 208 shall remain in effect unless and until changed by the rule required by this subsection. (5) Credit for early compliance.--To encourage early compliance, the Secretary is directed to include in the notice of proposed rulemaking required by paragraph (1) means by which manufacturers may earn credits for future compliance. Credits, on a one-vehicle for one-vehicle basis, may be earned for vehicles certified as being in full compliance under section 30115 of title 49, United States Code, with the rule required by paragraph (2) which are either-- (A) so certified in advance of the phase-in period; or (B) in excess of the percentage requirements during the phase-in period. (b) Advisory Committees.--Any government advisory committee, task force, or other entity involving air bags shall include representatives of consumer and safety organizations, insurers, manufacturers, and suppliers. SEC. 7104. RESTRICTIONS ON LOBBYING ACTIVITIES. (a) Amendment.--Subchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 30105. Restriction on lobbying activities ``(a) In General.--No funds appropriated to the Secretary shall be available for any activity specifically designed to urge a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. ``(b) Appearance as Witness Not Barred.--Subsection (a) does not prohibit officers or employees of the United States from testifying before any State or local legislative body in response to the invitation of any member of that legislative body or a State executive office.''. (b) Clerical Amendment.--The table of contents in subchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``30105. Restriction on lobbying activities.''. SEC. 7105. ODOMETERS. (a) Transfers of New Motor Vehicles.--Section 32705(a) of title 49, United States Code, is amended by adding at the end the following: ``(4)(A) This subsection shall apply to all transfers of motor vehicles (unless otherwise exempted by the Secretary by regulation), except in the case of transfers of new motor vehicles from a vehicle manufacturer jointly to a dealer and a person engaged in the business of renting or leasing vehicles for a period of 30 days or less. ``(B) For purposes of subparagraph (A), the term `new motor vehicle' means any motor vehicle driven with no more than the limited use necessary in moving, transporting, or road testing such vehicle prior to delivery from the vehicle manufacturer to a dealer, but in no event shall the odometer reading of such vehicle exceed 300 miles.''. (b) Exempted Vehicles.--Section 32705(a) of title 49, United States Code, as amended by subsection (a), is amended by adding at the end the following new paragraph: ``(5) The Secretary may exempt such classes or categories of vehicles as the Secretary deems appropriate from these requirements. Until such time as the Secretary amends or modifies the regulations set forth in 49 CFR 580.6, such regulations shall have full force and effect.''. SEC. 7106. MISCELLANEOUS AMENDMENTS. (a) Remedies for Defects and Noncompliance.--Section 30120(i)(1) of title 49, United States Code, is amended by inserting ``(including retailers of motor vehicle equipment)'' after ``dealer'' the first time it appears. (b) Tires.--Section 30123 of title 49, United States Code, is amended by striking subsections (a), (b), and (c) and by redesignating subsections (d), (e), and (f), as subsections (a), (b), and (c), respectively. (c) Automatic Occupant Crash Protection and Seat Belt Use.--Section 30127(g)(1) of title 49, United States Code, is amended by striking ``every 6 months'' and inserting ``annually''. (d) Miscellaneous.-- (1) Definitions.-- (A) Country of origin.--Section 32304(a)(3)(B) of title 49, United States Code, is amended by inserting before the period the following: ``, plus the assembly and labor costs incurred for the final assembly of such engines and transmissions''. (B) Final assembly place.--Section 32304(a)(5) of title 49, United States Code, is amended is amended by adding at the end the following: ``Such term does not include facilities for engine and transmission fabrication and assembly and the facilities for fabrication of motor vehicle equipment component parts which are produced at the same final assembly place using forming processes such as stamping, machining, or molding processes.''. (C) Outside supplier content reporting.--Section 32304(a)(9)(A) of title 49, United States Code, is amended to read as follows: ``(A) for an outside supplier-- ``(i) the full purchase price of passenger motor vehicle equipment whose purchase price contains at least 70 percent value added in the United States and Canada; or ``(ii) that portion of the purchase price of passenger motor vehicle equipment containing less than 70 percent value added in the United [[Page H3887]] States and Canada that is attributable to the percent value added in the United States and Canada when such percent is expressed to the nearest 5 percent; and''. (2) Country of assembly.--Section 32304(d) of title 49, United States Code, is amended by adding at the end the following; ``A manufacturer may add to the label required under subsection (b) a line stating the country in which vehicle assembly was completed.''. (3) Vehicle content percentage by assembly plant.--Section 32304 of title 49, United States Code, is amended by redesignating subsections (c) through (f) as subsections (f) through (i), respectively, and by adding after subsection (b) the following: ``(c) Vehicle Content Percentage by Assembly Plant.--A manufacturer may display separately on the label required by subsection (b) the domestic content of a vehicle based on the assembly plant. Such display shall occur after the matter required to be in the label by subsection (b)(1)(A).''. (4) Suppliers failing to report.--Section 32304 of title 49, United States Code, is amended by adding after subsection (c), as added by paragraph (3), the following: ``(d) Value Added Determination.--If a manufacturer or allied supplier requests information in a timely manner from one or more of its outside suppliers concerning the United States /Canadian content of particular equipment, but does not receive that information despite a good faith effort to obtain it, the manufacturer or allied supplier may make its own good faith value added determinations, subject to the following: ``(1) The manufacturer or allied supplier shall make the same value added determinations as would be made by the outside supplier, that is, whether 70 percent or more of the value of equipment is added in the United States and /or Canada. ``(2) The manufacturer or allied supplier shall consider the amount of value added and the location in which the value was added for all of the stages that the outside supplier would be required to consider. ``(3) The manufacturer or allied supplier may determine that the value added in the United States and /or Canada is 70 percent or more only if it has a good faith basis to make that determination. ``(4) A manufacturer and its allied suppliers may, on a combined basis, make value added determinations for no more than 10 percent, by value, of a carline's total parts content from outside suppliers. ``(5) Value added determinations made by a manufacturer or allied supplier under this paragraph shall have the same effect as if they were made by the outside supplier. ``(6) This provision does not affect the obligation of outside suppliers to provide the requested information.''. (5) Accounting for the value of small parts.--Section 32304 of title 49, United States Code, is amended by adding after subsection (d), as added by paragraph (4), the following: ``(e) Small Parts.--The country of origin of nuts, bolts, clips, screws, pins, braces, gasoline, oil, blackout, phosphate rinse, windshield washer fluid, fasteners, tire assembly fluid, rivets, adhesives, and grommets, of any system, subassembly, or component installed in a vehicle shall be considered to be the country in which such parts were included in the final assembly of such vehicle.''. (e) Study.--The National Highway Traffic Safety Administration shall conduct a study of the benefits to motor vehicle drivers of a regulation to require the installation in a motor vehicle of an interior device to release the trunk lid. Not later than 18 months after the date of the enactment of this Act, the Administration shall submit a report on the results of the study to the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. SEC. 7107. IMPORTATION OF MOTOR VEHICLE FOR SHOW OR DISPLAY. (a) Importation of Noncomplying Motor Vehicles.--Section 30114 of title 49, United States Code, is amended by striking ``or competitive racing events'' and inserting ``competitive racing events, show, or display''. (b) Transition Rule.--A person who is the owner of a motor vehicle located in the United States on the date of enactment of this Act may seek an exemption under section 30114 of title 49, United States Code, as amended by subsection (a) of this section, for a period of 6 months after the date regulations of the Secretary of Transportation promulgated in response to such amendment take effect. Subtitle B--Railroads SEC. 7201. HIGH-SPEED RAIL. (a) Authorization of Appropriations.--Section 26104 of title 49, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (h); and (2) by inserting after subsection (c) the following new subsections: ``(d) Fiscal Year 1998.--(1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 1998, for carrying out section 26101 (including payment of administrative expenses related thereto). ``(2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 1998, for carrying out section 26102 (including payment of administrative expenses related thereto). ``(e) Fiscal Year 1999.--(1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 1999, for carrying out section 26101 (including payment of administrative expenses related thereto). ``(2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 1999, for carrying out section 26102 (including payment of administrative expenses related thereto). ``(f) Fiscal Year 2000.--(1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2000, for carrying out section 26101 (including payment of administrative expenses related thereto). ``(2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 2000, for carrying out section 26102 (including payment of administrative expenses related thereto). ``(g) Fiscal Year 2001.--(1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2001, for carrying out section 26101 (including payment of administrative expenses related thereto). ``(2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 2001, for carrying out section 26102 (including payment of administrative expenses related thereto).''. (b) Definition.--Section 26105(2) of title 49, United States Code, is amended to read as follows: ``(2) the term `high-speed rail' means all forms of nonhighway ground transportation that run on rails or electromagnetic guideways providing transportation service which is-- ``(A) reasonably expected to reach sustained speeds of more than 125 miles per hour; and ``(B) made available to members of the general public as passengers, but does not include rapid transit operations within an urban area that are not connected to the general rail system of transportation;''. SEC. 7202. LIGHT DENSITY RAIL LINE PILOT PROJECTS. (a) Amendment.--Part B of subtitle V of title 49, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 223--LIGHT DENSITY RAIL LINE PILOT PROJECTS ``Sec. ``22301. Light density rail line pilot projects. ``Sec. 22301. Light density rail line pilot projects ``(a) Grants.--The Secretary of Transportation may make grants to States that have State rail plans described in section 22102 (1) and (2), to fund pilot projects that demonstrate the relationship of light density railroad services to the statutory responsibilities of the Secretary, including those under title 23. ``(b) Limitations.--Grants under this section may be made only for pilot projects for making capital improvements to, and rehabilitating, publicly and privately owned rail line structures, and may not be used for providing operating assistance. ``(c) Private Owner Contributions.--Grants made under this section for projects on privately owned rail line structures shall include contributions by the owner of the rail line structures, based on the benefit to those structures, as determined by the Secretary. ``(d) Study.--The Secretary shall conduct a study of the pilot projects carried out with grant assistance under this section to determine the public interest benefits associated with the light density railroad networks in the States and their contribution to a multimodal transportation system. Not later than March 31, 2003, the Secretary shall report to Congress any recommendations the Secretary considers appropriate regarding the eligibility of light density rail networks for Federal infrastructure financing. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $17,500,000 for each of the fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. Such funds shall remain available until expended.''. (b) Table of Chapters.--The table of chapters of subtitle V of title 49, United States Code, is amended by inserting after the item relating to chapter 221 the following new item: ``223. LIGHT DENSITY RAIL LINE PILOT PROJECTS..................22301''. SEC. 7203. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING. (a) Amendments.--Title V of the Railroad Revitalization and Regulatory Reform Act of 1976 is amended-- (1) by striking sections 501 through 504 and inserting the following new sections: ``SEC. 501. DEFINITIONS. ``For purposes of this title: ``(1)(A) The term `cost' means the estimated long-term cost to the Government of a direct loan or loan guarantee or modification thereof, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays. ``(B) The cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following estimated cash flows: ``(i) Loan disbursements. ``(ii) Repayments of principal. ``(iii) Payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, and other recoveries. Calculation of the cost of a direct loan shall include the effects of changes in loan terms resulting from the exercise by the borrower of an option included in the loan contract. ``(C) The cost of a loan guarantee shall be the net present value, at the time when the guaranteed loan is disbursed, of the following estimated cash flows: ``(i) Payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments. ``(ii) Payments to the Government, including origination and other fees, penalties, and recoveries. Calculation of the cost of a loan guarantee shall include the effects of changes in loan terms resulting from the exercise by the guaranteed lender of an option included in the loan guarantee contract, or by the borrower of an option included in the guaranteed loan contract. [[Page H3888]] ``(D) The cost of a modification is the difference between the current estimate of the net present value of the remaining cash flows under the terms of a direct loan or loan guarantee contract, and the current estimate of the net present value of the remaining cash flows under the terms of the contract, as modified. ``(E) In estimating net present values, the discount rate shall be the average interest rate on marketable Treasury securities of similar maturity to the cash flows of the direct loan or loan guarantee for which the estimate is being made. ``(F) When funds are obligated for a direct loan or loan guarantee, the estimated cost shall be based on the current assumptions, adjusted to incorporate the terms of the loan contract, for the fiscal year in which the funds are obligated. ``(2) The term `current' has the same meaning as in section 250(c)(9) of the Balanced Budget and Emergency Deficit Control Act of 1985. ``(3) The term `direct loan' means a disbursement of funds by the Government to a non-Federal borrower under a contract that requires the repayment of such funds. The term includes the purchase of, or participation in, a loan made by another lender and financing arrangements that defer payment for more than 90 days, including the sale of a government asset on credit terms. The term does not include the acquisition of a federally guaranteed loan in satisfaction of default claims. ``(4) The term `direct loan obligation' means a binding agreement by the Secretary to make a direct loan when specified conditions are fulfilled by the borrower. ``(5) The term `intermodal' means of or relating to the connection between rail service and other modes of transportation, including all parts of facilities at which such connection is made. ``(6) The term `loan guarantee' means any guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. ``(7) The term `loan guarantee commitment' means a binding agreement by the Secretary to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement. ``(8) The term `modification' means any Government action that alters the estimated cost of an outstanding direct loan (or direct loan obligation) or an outstanding loan guarantee (or loan guarantee commitment) from the current estimate of cash flows. This includes the sale of loan assets, with or without recourse, and the purchase of guaranteed loans. This also includes any action resulting from new legislation, or from the exercise of administrative discretion under existing law, that directly or indirectly alters the estimated cost of outstanding direct loans (or direct loan obligations) or loan guarantees (or loan guarantee commitments) such as a change in collection procedures. ``SEC. 502. DIRECT LOANS AND LOAN GUARANTEES. ``(a) General Authority.--The Secretary may provide direct loans and loan guarantees to State and local governments, government sponsored authorities and corporations, railroads, and joint ventures that include at least 1 railroad. ``(b) Eligible Purposes.-- ``(1) In general.--Direct loans and loan guarantees under this section shall be used to-- ``(A) acquire, improve, or rehabilitate intermodal or rail equipment or facilities, including track, components of track, bridges, yards, buildings, and shops; ``(B) refinance outstanding debt incurred for the purposes described in subparagraph (A); or ``(C) develop or establish new intermodal or railroad facilities. ``(2) Operating expenses not eligible.--Direct loans and loan guarantees under this section shall not be used for railroad operating expenses. ``(c) Priority Projects.--In granting applications for direct loans or guaranteed loans under this section, the Secretary shall give priority to projects that-- ``(1) enhance public safety; ``(2) enhance the environment; ``(3) promote economic development; ``(4) enable United States companies to be more competitive in international markets; ``(5) are endorsed by the plans prepared under section 135 of title 23, United States Code, by the State or States in which they are located; or ``(6) preserve or enhance rail or intermodal service to small communities or rural areas. ``(d) Extent of Authority.--The aggregate unpaid principal amounts of obligations under direct loans and loan guarantees made under this section shall not exceed $3,500,000,000 at any one time. Of this amount, not less than $1,000,000,000 shall be available solely for projects primarily benefiting freight railroads other than Class I carriers. ``(e) Rates of Interest.-- ``(1) Direct loans.--The Secretary shall require interest to be paid on a direct loan made under this section at a rate not less than that necessary to recover the cost of making the loan. ``(2) Loan guarantees.--The Secretary shall not make a loan guarantee under this section if the interest rate for the loan exceeds that which the Secretary determines to be reasonable, taking into consideration the prevailing interest rates and customary fees incurred under similar obligations in the private capital market. ``(f) Infrastructure Partners.-- ``(1) Authority of secretary.--In lieu of or in combination with appropriations of budget authority to cover the costs of direct loans and loan guarantees as required under section 504(b)(1) of the Federal Credit Reform Act of 1990, the Secretary may accept on behalf of an applicant for assistance under this section a commitment from a non-Federal source to fund in whole or in part credit risk premiums with respect to the loan that is the subject of the application. In no event shall the aggregate of appropriations of budget authority and credit risk premiums described in this paragraph with respect to a direct loan or loan guarantee be less than the cost of that direct loan or loan guarantee. ``(2) Credit risk premium amount.--The Secretary shall determine the amount required for credit risk premiums under this subsection on the basis of-- ``(A) the circumstances of the applicant, including the amount of collateral offered; ``(B) the proposed schedule of loan disbursements; ``(C) historical data on the repayment history of similar borrowers; ``(D) consultation with the Congressional Budget Office; and ``(E) any other factors the Secretary considers relevant. ``(3) Payment of premiums.--Credit risk premiums under this subsection shall be paid to the Secretary before the disbursement of loan amounts. ``(4) Cohorts of loans.--In order to maintain sufficient balances of credit risk premiums to adequately protect the Federal Government from risk of default, while minimizing the length of time the Government retains possession of those balances, the Secretary shall establish cohorts of loans. When all obligations attached to a cohort of loans have been satisfied, credit risk premiums paid for the cohort, and interest accrued thereon, which were not used to mitigate losses shall be returned to the original source on a pro rata basis. ``(g) Prerequisites for Assistance.--The Secretary shall not make a direct loan or loan guarantee under this section unless the Secretary has made a finding in writing that-- ``(1) repayment of the obligation is required to be made within a term of not more than 25 years from the date of its execution; ``(2) the direct loan or loan guarantee is justified by the present and probable future demand for rail services or intermodal facilities; ``(3) the applicant has given reasonable assurances that the facilities or equipment to be acquired, rehabilitated, improved, developed, or established with the proceeds of the obligation will be economically and efficiently utilized; ``(4) the obligation can reasonably be repaid, using an appropriate combination of credit risk premiums and collateral offered by the applicant to protect the Federal Government; and ``(5) the purposes of the direct loan or loan guarantee are consistent with subsection (b). ``(h) Conditions of Assistance.--The Secretary shall, before granting assistance under this section, require the applicant to agree to such terms and conditions as are sufficient, in the judgment of the Secretary, to ensure that, as long as any principal or interest is due and payable on such obligation, the applicant, and any railroad or railroad partner for whose benefit the assistance is intended-- ``(1) will not use any funds or assets from railroad or intermodal operations for purposes not related to such operations, if such use would impair the ability of the applicant, railroad, or railroad partner to provide rail or intermodal services in an efficient and economic manner, or would adversely affect the ability of the applicant, railroad, or railroad partner to perform any obligation entered into by the applicant under this section; ``(2) will, consistent with its capital resources, maintain its capital program, equipment, facilities, and operations on a continuing basis; and ``(3) will not make any discretionary dividend payments that unreasonably conflict with the purposes stated in subsection (b). ``SEC. 503. ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES. ``(a) Applications.--The Secretary shall prescribe the form and contents required of applications for assistance under section 502, to enable the Secretary to determine the eligibility of the applicant's proposal, and shall establish terms and conditions for direct loans and loan guarantees made under that section. ``(c) Assignment of Loan Guarantees.--The holder of a loan guarantee made under section 502 may assign the loan guarantee in whole or in part, subject to such requirements as the Secretary may prescribe. ``(d) Modifications.--The Secretary may approve the modification of any term or condition of a direct loan, loan guarantee, direct loan obligation, or loan guarantee commitment, including the rate of interest, time of payment of interest or principal, or security requirements, if the Secretary finds in writing that-- ``(1) the modification is equitable and is in the overall best interests of the United States; and ``(2) consent has been obtained from the applicant and, in the case of a loan guarantee or loan guarantee commitment, the holder of the obligation. ``(e) Compliance.--The Secretary shall assure compliance, by an applicant, any other party to the loan, and any railroad or railroad partner for whose benefit assistance is intended, with the provisions of this title, regulations issued hereunder, and the terms and conditions of the direct loan or loan guarantee, including through regular periodic inspections. ``(f) Commercial Validity.--For purposes of claims by any party other than the Secretary, a loan guarantee or loan guarantee commitment shall be conclusive evidence that the underlying obligation is in compliance with the provisions of this title, and that such obligation has been approved and is legal as to principal, interest, and other terms. Such a guarantee or commitment shall be valid and incontestable in the hands of a holder thereof, including the original lender or any other holder, as of the date when the Secretary granted the application therefor, except as to fraud or material misrepresentation by such holder. [[Page H3889]] ``(g) Default.--The Secretary shall prescribe regulations setting forth procedures in the event of default on a loan made or guaranteed under section 502. The Secretary shall ensure that each loan guarantee made under that section contains terms and conditions that provide that-- ``(1) if a payment of principal or interest under the loan is in default for more than 30 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, the amount of unpaid guaranteed interest; ``(2) if the default has continued for more than 90 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, 90 percent of the unpaid guaranteed principal; ``(3) after final resolution of the default, through liquidation or otherwise, the Secretary shall pay to the holder of the obligation, or the holder's agent, any remaining amounts guaranteed but which were not recovered through the default's resolution; ``(4) the Secretary shall not be required to make any payment under paragraphs (1) through (3) if the Secretary finds, before the expiration of the periods described in such paragraphs, that the default has been remedied; and ``(5) the holder of the obligation shall not receive payment or be entitled to retain payment in a total amount which, together with all other recoveries (including any recovery based upon a security interest in equipment or facilities) exceeds the actual loss of such holder. ``(h) Rights of the Secretary.-- ``(1) Subrogation.--If the Secretary makes payment to a holder, or a holder's agent, under subsection (g) in connection with a loan guarantee made under section 502, the Secretary shall be subrogated to all of the rights of the holder with respect to the obligor under the loan. ``(2) Disposition of property.--The Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, rent, sell, or otherwise dispose of any property or other interests obtained pursuant to this section. The Secretary shall not be subject to any Federal or State regulatory requirements when carrying out this paragraph. ``(i) Action Against Obligor.--The Secretary may bring a civil action in an appropriate Federal court in the name of the United States in the event of a default on a direct loan made under section 502, or in the name of the United States or of the holder of the obligation in the event of a default on a loan guaranteed under section 502. The holder of a guarantee shall make available to the Secretary all records and evidence necessary to prosecute the civil action. The Secretary may accept property in full or partial satisfaction of any sums owed as a result of a default. If the Secretary receives, through the sale or other disposition of such property, an amount greater than the aggregate of-- ``(1) the amount paid to the holder of a guarantee under subsection (g) of this section; and ``(2) any other cost to the United States of remedying the default, the Secretary shall pay such excess to the obligor. ``(j) Breach of Conditions.--The Attorney General shall commence a civil action in an appropriate Federal court to enjoin any activity which the Secretary finds is in violation of this title, regulations issued hereunder, or any conditions which were duly agreed to, and to secure any other appropriate relief. ``(k) Attachment.--No attachment or execution may be issued against the Secretary, or any property in the control of the Secretary, prior to the entry of final judgment to such effect in any State, Federal, or other court. ``(l) Investigation Charge.--The Secretary may charge and collect from each applicant a reasonable charge for appraisal of the value of the equipment or facilities for which the direct loan or loan guarantee is sought, and for making necessary determinations and findings. Such charge shall not aggregate more than one-half of 1 percent of the principal amount of the obligation.''; (2) by striking sections 505 through 515 (other than 511(c)), 517, and 518; (3) in section 511(c) by striking ``this section'' and inserting ``section 502''; (4) by moving subsection (c) of section 511 (as amended by paragraph (3) of this section) from section 511 to section 503 (as inserted by paragraph (1) of this section), inserting it after subsection (a), and redesignating it as subsection (b); and (5) by redesignating section 516 as section 504. (b) Technical and Conforming Provisions.-- (1) Table of contents.--The table of contents of title V of the Railroad Revitalization and Regulatory Reform Act of 1976 is amended by striking the items relating to sections 502 through 518 and inserting the following: ``Sec. 502. Direct loans and loan guarantees. ``Sec. 503. Administration of direct loans and loan guarantees. ``Sec. 504. Employee protection.''. (2) Savings provision.--A transaction entered into under the authority of title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.) before the date of enactment of this Act shall be administered until completion under its terms as if this Act were not enacted. (3) Repeal.--Section 211(i) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721(i)) is repealed. SEC. 7204. ALASKA RAILROAD. (a) Grants.--The Secretary may make grants to the Alaska Railroad for capital rehabilitation of and improvements to its passenger services. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,250,000 for each of fiscal years 1998 through 2003. Subtitle C--Comprehensive One-Call Notification SEC. 7301. FINDINGS. Congress finds that-- (1) unintentional damage to underground facilities during excavation is a significant cause of disruptions in telecommunications, water supply, electric power, and other vital public services, such as hospital and air traffic control operations, and is a leading cause of natural gas and hazardous liquid pipeline accidents; (2) excavation that is performed without prior notification to an underground facility operator or with inaccurate or untimely marking of such a facility prior to excavation can cause damage that results in fatalities, serious injuries, harm to the environment and disruption of vital services to the public; and (3) protection of the public and the environment from the consequences of underground facility damage caused by excavations will be enhanced by a coordinated national effort to improve one-call notification programs in each State and the effectiveness and efficiency of one-call notification systems that operate under such programs. SEC. 7302. ONE-CALL NOTIFICATION PROGRAMS. (a) In General.--Subtitle III of title 49, United States Code, is amended by adding at the end thereof the following: ``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS ``Sec. ``6101. Purposes. ``6102. Definitions. ``6103. Minimum standards for State one-call notification programs. ``6104. Compliance with minimum standards. ``6105. Review of one-call system best practices. ``6106. Grants to States. ``6107. Authorization of appropriations. ``6108. Relationship to State laws. ``Sec. 6101. Purposes ``The purposes of this chapter are-- ``(1) to enhance public safety; ``(2) to protect the environment; ``(3) to minimize risks to excavators; and ``(4) to prevent disruption of vital public services, by reducing the incidence of damage to underground facilities during excavation through the voluntary adoption and efficient implementation by all States of State one-call notification programs that meet the minimum standards set forth under section 6103. ``Sec. 6102. Definitions ``In this chapter, the following definitions apply: ``(1) One-call notification system.--The term ``one-call notification system'' means a system operated by an organization that has as 1 of its purposes to receive notification from excavators of intended excavation in a specified area in order to disseminate such notification to underground facility operators that are members of the system so that such operators can locate and mark their facilities in order to prevent damage to underground facilities in the course of such excavation. ``(2) State one-call notification program.--The term ``State one-call notification program'' means the State statutes, regulations, orders, judicial decisions, and other elements of law and policy in effect in a State that establish the requirements for the operation of one-call notification systems in such State. ``(3) State.--The term `State' means a State, the District of Columbia, and Puerto Rico. ``(4) Secretary.--The term `Secretary' means the Secretary of Transportation. ``Sec. 6103. Minimum standards for State one-call notification programs ``(a) Minimum Standards.--In order to qualify for a grant under section 6106, a State one-call notification program shall, at a minimum, provide for-- ``(1) appropriate participation by all underground facility operators; ``(2) appropriate participation by all excavators; and ``(3) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems. ``(b) Appropriate Participation.--In determining the appropriate extent of participation required for types of underground facilities or excavators under subsection (a), a State shall assess, rank, and take into consideration the risks to the public safety, the environment, excavators, and vital public services associated with-- ``(1) damage to types of underground facilities; and ``(2) activities of types of excavators. ``(c) Implementation.--A State one-call notification program also shall, at a minimum, provide for-- ``(1) consideration of the ranking of risks under subsection (b) in the enforcement of its provisions; ``(2) a reasonable relationship between the benefits of one-call notification and the cost of implementing and complying with the requirements of the State one-call notification program; and ``(3) voluntary participation where the State determines that a type of underground facility or an activity of a type of excavator poses a de minimis risk to public safety or the environment. ``(d) Penalties.--To the extent the State determines appropriate and necessary to achieve the purposes of this chapter, a State one-call notification program shall, at a minimum, provide for-- ``(1) administrative or civil penalties commensurate with the seriousness of a violation by an excavator or facility owner of a State one-call notification program; ``(2) increased penalties for parties that repeatedly damage underground facilities because they fail to use one- call notification systems or [[Page H3890]] for parties that repeatedly fail to provide timely and accurate marking after the required call has been made to a one-call notification system; ``(3) reduced or waived penalties for a violation of a requirement of a State one-call notification program that results in, or could result in, damage that is promptly reported by the violator; ``(4) equitable relief; and ``(5) citation of violations. ``Sec. 6104. Compliance with minimum standards ``(a) Requirement.--In order to qualify for a grant under section 6106, each State shall submit to the Secretary a grant application under subsection (b). The State shall submit the application not later than 2 years after the date of enactment of this chapter. ``(b) Application.-- ``(1) Upon application by a State, the Secretary shall review that State's one-call notification program, including the provisions for the implementation of the program and the record of compliance and enforcement under the program. ``(2) Based on the review under paragraph (1), the Secretary shall determine whether the State's one-call notification program meets the minimum standards for such a program set forth in section 6103 in order to qualify for a grant under section 6106. ``(3) In order to expedite compliance under this section, the Secretary may consult with the State as to whether an existing State one-call notification program, a specific modification thereof, or a proposed State program would result in a positive determination under paragraph (2). ``(4) The Secretary shall prescribe the form and manner of filing an application under this section that shall provide sufficient information about a State's one-call notification program for the Secretary to evaluate its overall effectiveness. Such information may include the nature and reasons for exceptions from required participation, the types of enforcement available, and such other information as the Secretary deems necessary. ``(5) The application of a State under paragraph (1) and the record of actions of the Secretary under this section shall be available to the public. ``(c) Alternative Program.--A State is eligible to receive a grant under section 6106 if the State maintains an alternative one-call notification program that provides protection for public safety, excavators, and the environment that is equivalent to, or greater than, protection provided under a program that meets the minimum standards set forth in section 6103. ``(d) Report.--Within 3 years after the date of the enactment of this chapter, the Secretary shall begin to include the following information in reports submitted under section 60124 of this title-- ``(1) a description of the extent to which each State has adopted and implemented the minimum Federal standards under section 6103 or maintains an alternative program under subsection (c); ``(2) an analysis by the Secretary of the overall effectiveness of each State's one-call notification program and the one-call notification systems operating under such program in achieving the purposes of this chapter; ``(3) the impact of each State's decisions on the extent of required participation in one-call notification systems on prevention of damage to underground facilities; and ``(4) areas where improvements are needed in one-call notification systems in operation in each State. The report shall also include any recommendations the Secretary determines appropriate. If the Secretary determines that the purposes of this chapter have been substantially achieved, no further report under this section shall be required. ``Sec. 6105. Review of one-call system best practices ``(a) Study of Existing One-Call Systems.--Except as provided in subsection (d), the Secretary, in consultation with other appropriate Federal agencies, State agencies, one- call notification system operators, underground facility operators, excavators, and other interested parties, shall undertake a study of damage prevention practices associated with existing one-call notification systems. ``(b) Purpose of Study of Damage Prevention Practices.--The purpose of the study is to gather information in order to determine which existing one-call notification systems practices appear to be the most effective in protecting the public, excavators, and the environment and in preventing disruptions to public services and damage to underground facilities. As part of the study, the Secretary shall consider, at a minimum-- ``(1) the methods used by one-call notification systems and others to encourage participation by excavators and owners of underground facilities; ``(2) the methods by which one-call notification systems promote awareness of their programs, including use of public service announcements and educational materials and programs; ``(3) the methods by which one-call notification systems receive and distribute information from excavators and underground facility owners; ``(4) the use of any performance and service standards to verify the effectiveness of a one-call notification system; ``(5) the effectiveness and accuracy of mapping used by one-call notification systems; ``(6) the relationship between one-call notification systems and preventing damage to underground facilities; ``(7) how one-call notification systems address the need for rapid response to situations where the need to excavate is urgent; ``(8) the extent to which accidents occur due to errors in marking of underground facilities, untimely marking or errors in the excavation process after a one-call notification system has been notified of an excavation; ``(9) the extent to which personnel engaged in marking underground facilities may be endangered; ``(10) the characteristics of damage prevention programs the Secretary believes could be relevant to the effectiveness of State one-call notification programs; and ``(11) the effectiveness of penalties and enforcement activities under State one-call notification programs in obtaining compliance with program requirements. ``(c) Report.--Within 1 year after the date of the enactment of this chapter, the Secretary shall publish a report identifying those practices of one-call notification systems that are the most and least successful in-- ``(1) preventing damage to underground facilities; and ``(2) providing effective and efficient service to excavators and underground facility operators. The Secretary shall encourage each State and operator of one- call notification programs to adopt and implement those practices identified in the report that the State determines are the most appropriate. ``(d) Secretarial Discretion.--Prior to undertaking the study described in subsection (a), the Secretary shall determine whether timely information described in subsection (b) is readily available. If the Secretary determines that such information is readily available, the Secretary is not required to carry out the study. ``Sec. 6106. Grants to States ``(a) In General.--The Secretary may make a grant of financial assistance to a State that qualifies under section 6104(b) to assist in improving-- ``(1) the overall quality and effectiveness of one-call notification systems in the State; ``(2) communications systems linking one-call notification systems; ``(3) location capabilities, including training personnel and developing and using location technology; ``(4) record retention and recording capabilities for one- call notification systems; ``(5) public information and education; ``(6) participation in one-call notification systems; or ``(7) compliance and enforcement under the State one-call notification program. ``(b) State Action Taken Into Account.--In making grants under this section, the Secretary shall take into consideration the commitment of each State to improving its State one-call notification program, including legislative and regulatory actions taken by the State after the date of enactment of this chapter. ``(c) Funding for One-Call Notification Systems.--A State may provide funds received under this section directly to any one-call notification system in such State that substantially adopts the best practices identified under section 6105. ``Sec. 6107. Authorization of appropriations ``(a) For Grants to States.--There are authorized to be appropriated to the Secretary to provide grants to States under section 6106 $1,000,000 for fiscal year 2000 and $5,000,000 for fiscal year 2001. Such funds shall remain available until expended, . ``(b) For Administration.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out sections 6103, 6104, and 6105 for fiscal years 1999, 2000, and 2001. ``(c) General Revenue Funding.--Any sums appropriated under this section shall be derived from general revenues and may not be derived from amounts collected under section 60301 of this title. ``Sec. 6108. Relationship to State laws ``Nothing in this chapter preempts State law or shall impose a new requirement on any State or mandate revisions to a one-call system.''. (b) Conforming Amendment.--The table of chapters for subtitle III of such title is amended by adding at the end thereof the following: ``61. ONE-CALL NOTIFICATION PROGRAMS........................6101''..... Subtitle D--Sportfishing and Boating Safety SEC. 7401. SHORT TITLE; AMENDMENT OF 1950 ACT. (a) Short Title.--This subtitle may be cited as the ``Sportfishing and Boating Safety Act of 1998''. (b) Amendment of 1950 Act.--Whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of the 1950 Act, the reference shall be considered to be made to a section or other provision of the Act entitled ``An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes,'' approved August 9, 1950 (16 U.S.C. 777 et seq.). SEC. 7402. OUTREACH AND COMMUNICATIONS PROGRAMS. (a) Definitions.--Section 2 of the 1950 Act (16 U.S.C. 777a) is amended-- (1) by indenting the left margin of so much of the text as precedes ``(a)'' by 2 ems; (2) by inserting ``For purposes of this Act--'' after the section heading; (3) by striking ``For the purpose of this Act the'' in the first paragraph and inserting ``(1) the''; (4) by indenting the left margin of so much of the text as follows ``include--'' by 4 ems; (5) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and inserting ``(A)'', ``(B)'', ``(C)'', and ``(D)'', respectively; (6) by striking ``department.'' and inserting ``department;''; and (7) by adding at the end the following: [[Page H3891]] ``(2) the term `outreach and communications program' means a program to improve communications with anglers, boaters, and the general public regarding angling and boating opportunities, to reduce barriers to participation in these activities, to advance adoption of sound fishing and boating practices, to promote conservation and the responsible use of the Nation's aquatic resources, and to further safety in fishing and boating; and ``(3) the term `aquatic resource education program' means a program designed to enhance the public's understanding of aquatic resources and sportfishing, and to promote the development of responsible attitudes and ethics toward the aquatic environment.''. (b) Funding for Outreach and Communications Program.-- Section 4 of the 1950 Act (16 U.S.C. 777c) is amended-- (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; (2) by inserting after subsection (b) the following: ``(c) National Outreach and Communications Program.--Of the balance of each such annual appropriation remaining after making the distribution under subsections (a) and (b), respectively, an amount equal to-- ``(1) $5,000,000 for fiscal year 1999; ``(2) $6,000,000 for fiscal year 2000; ``(3) $7,000,000 for fiscal year 2001; ``(4) $8,000,000 for fiscal year 2002; and ``(5) $10,000,000 for fiscal year 2003; shall be used for the National Outreach and Communications Program under section 8(d). Such amounts shall remain available for 3 fiscal years, after which any portion thereof that is unobligated by the Secretary of the Interior for that program may be expended by the Secretary under subsection (e).''; (3) in subsection (d), as redesignated, by inserting ``, for an outreach and communications program'' after ``Act''; (4) in subsection (d), as redesignated, by striking ``subsections (a) and (b),'' and inserting ``subsections (a), (b), and (c),''; (5) by adding at the end of subsection (d), as redesignated, the following: ``Of the sum available to the Secretary of the Interior under this subsection for any fiscal year, up to $2,500,000 may be used for the National Outreach and Communications Program under section 8(d) in addition to the amount available for that program under subsection (c). No funds available to the Secretary under this subsection may be used to replace funding traditionally provided through general appropriations, nor for any purposes except those purposes authorized by this Act. The Secretary shall publish a detailed accounting of the projects, programs, and activities funded under this subsection annually in the Federal Register.''; and (6) in subsection (e), as redesignated, by striking ``subsections (a), (b), and (c),'' and inserting ``subsections (a), (b), (c), and (d),''. (c) Increase in State Allocation.--Section 8 of the 1950 Act (16 U.S.C. 777g) is amended-- (1) by striking ``12 \1/2\ percentum'' each place it appears in subsection (b) and inserting ``15 percent''; (2) by striking ``10 percentum'' in subsection (c) and inserting ``15 percent''; (3) by inserting ``and communications'' in subsection (c) after ``outreach''; and (4) by redesignating subsection (d) as subsection (f); and by inserting after subsection (c) the following: ``(d) National Outreach and Communications Program.-- ``(1) Implementation.--Within 1 year after the date of enactment of the Sportfishing and Boating Safety Act of 1998, the Secretary of the Interior shall develop and implement, in cooperation and consultation with the Sport Fishing and Boating Partnership Council, a national plan for outreach and communications. ``(2) Content.--The plan shall provide-- ``(A) guidance, including guidance on the development of an administrative process and funding priorities, for outreach and communications programs; and ``(B) for the establishment of a national program. ``(3) Secretary may match or fund programs.--Under the plan, the Secretary may obligate amounts available under subsection (c) or (d) of section 4 of this Act-- ``(A) to make grants to any State or private entity to pay all or any portion of the cost of carrying out any outreach and communications program under the plan; or ``(B) to fund contracts with States or private entities to carry out such a program. ``(4) Review.--The plan shall be reviewed periodically, but not less frequently than once every 3 years. ``(e) State Outreach and Communications Program.--Within 12 months after the completion of the national plan under subsection (d)(1), a State shall develop a plan for an outreach and communications program and submit it to the Secretary. In developing the plan, a State shall-- ``(1) review the national plan developed under subsection (d); ``(2) consult with anglers, boaters, the sportfishing and boating industries, and the general public; and ``(3) establish priorities for the State outreach and communications program proposed for implementation.''. SEC. 7403. CLEAN VESSEL ACT FUNDING. Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended to read as follows: ``(b) Use of Balance After Distribution.-- ``(1) Fiscal year 1998.--In fiscal year 1998, an amount equal to $20,000,000 of the balance remaining after the distribution under subsection (a) shall be transferred to the Secretary of Transportation and shall be expended for State recreational boating safety programs under section 13106(a)(1) of title 46, United States Code. ``(2) Fiscal year 1999.--For fiscal year 1999, of the balance of each annual appropriation remaining after making the distribution under subsection (a), an amount equal to $74,000,000, reduced by 82 percent of the amount appropriated for that fiscal year from the Boat Safety Account of the Aquatic Resources Trust Fund established by section 9504 of the Internal Revenue Code of 1986 to carry out the purposes of section 13106(a) of title 46, United States Code, shall be used as follows: ``(A) $10,000,000 shall be available to the Secretary of the Interior for 3 fiscal years for obligation for qualified projects under section 5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322 note). ``(B) The balance remaining after the application of subparagraph (A) shall be transferred to the Secretary of Transportation and shall be expended for State recreational boating safety programs under section 13106 of title 46, United States Code. ``(3) Fiscal years 2000-2003.--For each of fiscal years 2000 through 2003, of the balance of each annual appropriation remaining after making the distribution under subsection (a), an amount equal to $82,000,000, reduced by 82 percent of the amount appropriated for that fiscal year from the Boat Safety Account of the Aquatic Resources Trust Fund established by section 9504 of the Internal Revenue Code of 1986 to carry out the purposes of section 13106(a) of title 46, United States Code, shall be used as follows: ``(A) $10,000,000 shall be available for each fiscal year to the Secretary of the Interior for 3 fiscal years for obligation for qualified projects under section 5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322 note). ``(B) $8,000,000 shall be available for each fiscal year to the Secretary of the Interior for 3 fiscal years for obligation for qualified projects under section 6404(d) of the Sportfishing and Boating Safety Act of 1998. ``(C) The balance remaining after the application of subparagraphs (A) and (B) shall be transferred for each such fiscal year to the Secretary of Transportation and shall be expended for State recreational boating safety programs under section 13106 of title 46, United States Code. ``(4) Transfer of certain funds.--Amounts available under subparagraph (A) of paragraph (2) and subparagraphs (A) and (B) of paragraph (3) that are unobligated by the Secretary of the Interior after 3 fiscal years shall be transferred to the Secretary of Transportation and shall be expended for State recreational boating safety programs under section 13106(a) of title 46, United States Code.''. SEC. 7404. BOATING INFRASTRUCTURE. (a) Purpose.--The purpose of this section is to provide funds to States for the development and maintenance of facilities for transient nontrailerable recreational vessels. (b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as amended by section 6402, is amended by adding at the end thereof the following: ``(g) Surveys.-- ``(1) National framework.--Within 6 months after the date of enactment of the Sportfishing and Boating Safety Act of 1998, the Secretary, in consultation with the States, shall adopt a national framework for a public boat access needs assessment which may be used by States to conduct surveys to determine the adequacy, number, location, and quality of facilities providing access to recreational waters for all sizes of recreational boats. ``(2) State surveys.--Within 18 months after such date of enactment, each State that agrees to conduct a public boat access needs survey following the recommended national framework shall report its findings to the Secretary for use in the development of a comprehensive national assessment of recreational boat access needs and facilities. ``(3) Exception.--Paragraph (2) does not apply to a State if, within 18 months after such date of enactment, the Secretary certifies that the State has developed and is implementing a plan that ensures there are and will be public boat access adequate to meet the needs of recreational boaters on its waters. ``(4) Funding.--A State that conducts a public boat access needs survey under paragraph (2) may fund the costs of conducting that assessment out of amounts allocated to it as funding dedicated to motorboat access to recreational waters under subsection (b)(1) of this section.''. (c) Plan.--Within 6 months after submitting a survey to the Secretary under section 8(g) of the Act entitled ``An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes,'' approved August 9, 1950 (16 U.S.C. 777g(g)), as added by subsection (b) of this section, a State may develop and submit to the Secretary a plan for the construction, renovation, and maintenance of facilities for transient nontrailerable recreational vessels, and access to those facilities, to meet the needs of nontrailerable recreational vessels operating on navigable waters in the State. (d) Grant Program.-- (1) Matching grants.--The Secretary of the Interior shall obligate amounts made available under section 4(b)(3)(B) of the Act entitled ``An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes,'' approved August 9, 1950, as amended by this Act, to make grants to any State to pay not more than 75 percent of the cost to a State of constructing, renovating, or maintaining facilities for transient nontrailerable recreational vessels. (2) Priorities.--In awarding grants under paragraph (1), the Secretary shall give priority to projects that-- [[Page H3892]] (A) consist of the construction, renovation, or maintenance of facilities for transient nontrailerable recreational vessels in accordance with a plan submitted by a State under subsection (c); (B) provide for public/private partnership efforts to develop, maintain, and operate facilities for transient nontrailerable recreational vessels; and (C) propose innovative ways to increase the availability of facilities for transient nontrailerable recreational vessels. (e) Definitions.--For purposes of this section, the term-- (1) ``nontrailerable recreational vessel'' means a recreational vessel 26 feet in length or longer-- (A) operated primarily for pleasure; or (B) leased, rented, or chartered to another for the latter's pleasure; (2) ``facilities for transient nontrailerable recreational vessels'' includes mooring buoys, day-docks, navigational aids, seasonal slips, safe harbors, or similar structures located on navigable waters, that are available to the general public (as determined by the Secretary of the Interior) and designed for temporary use by nontrailerable recreational vessels; and (3) ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands. SEC. 7405. BOAT SAFETY FUNDS. (a) Availability of Allocations.--Section 13104(a) of title 46, United States Code, is amended-- (1) in paragraph (1), by striking ``3 years'' and inserting ``2 years''; and (2) in paragraph (2), by striking ``3-year'' and inserting ``2-year''. (b) Expenditures.--Section 13106 of title 46, United States Code, is amended-- (1) by striking the first sentence of subsection (a)(1) and inserting the following: ``Subject to paragraph (2) and subsection (c), the Secretary shall expend in each fiscal year for State recreational boating safety programs, under contracts with States under this chapter, an amount equal to the sum of (A) the amount appropriated from the Boat Safety Account for that fiscal year and (B) the amount transferred to the Secretary under section 4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b)).''; (2) in subsection (a)(2), by striking ``appropriated'' and inserting ``available''; and (3) by striking subsection (c) and inserting the following: ``(c) Of the amount transferred for each fiscal year to the Secretary of Transportation under paragraphs (2) and (3) of section 4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is available to the Secretary for payment of expenses of the Coast Guard for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program under this title, of which $2,000,000 shall be available to the Secretary only to ensure compliance with chapter 43 of this title. No funds available to the Secretary under this subsection may be used to replace funding traditionally provided through general appropriations, nor for any purposes except those purposes authorized by this section. Amounts made available by this subsection shall remain available until expended. The Secretary shall publish annually in the Federal Register a detailed accounting of the projects, programs, and activities funded under this subsection.''. (c) Conforming Amendments.-- (1) The heading for section 13106 of title 46, United States Code, is amended to read as follows: ``Sec. 13106. Authorization of appropriations''. (2) The chapter analysis for chapter 131 of title 46, United States Code, is amended by striking the item relating to section 13106 and inserting the following: ``13106. Authorization of appropriations.''. TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET OFFSETS Subtitle A--Transportation Discretionary Spending Guarantee SEC. 8101. DISCRETIONARY SPENDING CATEGORIES. (a) Establishment of Separate Categories.--Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) FY1999.--In paragraph (3), strike ``and'' at the end of subparagraph (B) and after subparagraph (C) add the following new subparagraphs: ``(D) for the highway category: $21,885,000,000 in outlays; and ``(E) for the mass transit category: $4,401,000,000 in outlays. (2) FY2000.--In paragraph (4), strike ``and'' at the end of subparagraph (A) and at the end add the following new subparagraphs: ``(C) for the highway category: $24,436,000,000 in outlays; and ``(D) for the mass transit category: $4,761,000,000 in outlays;''. (3) FY2001.--In paragraph (5), strike the comma and insert ``--'' after ``2001'', insert ``(A)'' before ``for'' and indent the new subparagraph and move it 2 ems to the right, strike ``and'' at the end of such subparagraph, and at the end add the following new subparagraphs: ``(B) for the highway category: $26,204,000,000 in outlays; and ``(C) for the mass transit category: $5,190,000,000 in outlays;''. (4) FY2002.--In paragraph (6), strike the comma and insert ``--'' after ``2002'', insert ``(A)'' before ``for'', indent the new subparagraph and move it 2 ems to the right, and add at the end the following new subparagraphs: ``(B) for the highway category: $26,977,000,000 in outlays; and ``(C) for the mass transit category: $5,709,000,000 in outlays; and''. (5) FY2003.--After paragraph (6), add the following new paragraph: ``(7) with respect to fiscal year 2003-- ``(A) for the highway category: $27,728,000,000 in outlays; and ``(B) for the mass transit category: $6,256,000,000 in outlays;''. (b) Offsetting Adjustment in Discretionary Spending Limits.-- (1) Adjustment of nondefense category for fy1999.--The discretionary spending limit set forth in section 251(c)(3)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985, as adjusted in conformance with section 251(b) of that Act, is reduced by $859,000,000 in new budget authority and $25,173,000,000 in outlays. (2) Adjustment of discretionary category for fy2000.--The discretionary spending limit set forth in section 251(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as adjusted in conformance with section 251(b) of that Act, is reduced by $859,000,000 in new budget authority and $26,045,000,000 in outlays. (3) Adjustment of discretionary spending limit for fy2001.--The discretionary spending limit set forth in section 251(c)(5)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as adjusted in conformance with section 251(b) of that Act, is reduced by $859,000,000 in new budget authority and $26,329,000,000 in outlays. (4) Adjustment of discretionary spending limit for fy2002.--The discretionary spending limit set forth in section 251(c)(6)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as adjusted in conformance with section 251(b) of that Act, is reduced by $859,000,000 in new budget authority and $26,675,000,000 in outlays. (c) Definitions of Highway Category and Mass Transit Category.--Section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting ``(A)'' after ``(4)'' and by adding at the end the following new subparagraphs: ``(B) The term `highway category' refers to the following budget accounts or portions thereof that are subject to the obligation limitations on contract authority set forth in the Transportation Equity Act for the 21st Century: ``(i) 69-8083-0-7-401 (Federal-Aid Highways). ``(ii) 69-8020-0-7-401 (Highway Traffic Safety Grants). ``(iii) 69-8048-0-7-401 (National Motor Carrier Safety Program). ``(iv) 69-8016-0-7-401 (Operations and Research NHTSA). ``(C) The term `mass transit category' refers to the following budget accounts or portions thereof that are subject to the obligation limitations on contract authority provided in the Transportation Equity Act for the 21st Century and for which appropriations are provided pursuant to authorizations contained in that Act (except that appropriations provided pursuant to section 5338(h) of title 49, United States Code, as amended by this section, shall not be included in this category): ``(i) 69-8191-0-7-401 (Mass Transit Capital Fund). ``(ii) 69-8350-0-7-401 (Trust Fund Share of Expenses). ``(iii) 69-1129-0-1-401 (Formula Grants). ``(iv) 69-1120-0-1-401 (Administrative expenses). ``(v) 69-1136-0-1-401 (University Transportation Centers). ``(vi) 69-1137-0-1-401 (Transit Planning and Research). ``(D) Special rule.--(i) Any outlays in excess of the discretionary spending limit set forth in section 251(c) for the highway or mass transit category, as adjusted, for the budget year shall be considered nondefense category outlays or discretionary category outlays. ``(ii) If the obligation limitations for accounts in the highway or mass transit category provided in an appropriation Act for a fiscal year exceed the obligation limitations set forth in section 8103 of the Transportation Equity Act for the 21st Century for that year, as adjusted, the estimated outlays flowing for each outyear from such excess obligations calculated pursuant to clause (iii) shall be attributed to the discretionary category in that outyear. ``(iii) For purposes of clause (ii), outlays from excess obligations shall be determined using the average of the spendout rates for that category in the baseline.''. (d) Adjustment to Highway and Mass Transit Categories.-- Section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by-- (1) striking ``When'' and inserting: ``(A) Concepts and definitions.--When''; and (2) adding at the end the following: ``(B) Adjustment to align highway spending with revenues.-- (i) When the President submits the budget under section 1105 of title 31, United States Code, OMB shall calculate and the budget shall include adjustments to the highway category for the budget year and each outyear as provided in clause (ii)(I)(cc). ``(ii)(I)(aa) OMB shall take the actual level of highway receipts for the year before the current year and subtract the sum of the estimated level of highway receipts in subclause (II) plus any amount previously calculated under item (bb) for that year. ``(bb) OMB shall take the current estimate of highway receipts for the budget year and subtract the estimated level of receipts for that year. ``(cc) OMB shall take the sum of the amounts calculated under items (aa) and (bb), add that sum to the amount of obligations set forth in section 8103 of the Transportation Equity Act for the 21st Century for the highway category [[Page H3893]] for the budget year, and calculate the outlay change resulting from that change in obligations relative to that amount for the budget year and each outyear using current estimates. After making the calculation under the preceding sentence, OMB shall adjust the amount of obligations set forth in that section for the budget year by adding the sum of the amounts calculated under items (aa) and (bb). ``(II) The estimated level of highway receipts for the purposes of this clause are-- ``(aa) for fiscal year 1998, $22,164,000,000; ``(bb) for fiscal year 1999, $32,619,000,000; ``(cc) for fiscal year 2000, $28,066,000,000; ``(dd) for fiscal year 2001, $28,506,000,000; ``(ee) for fiscal year 2002, $28,972,000,000; and ``(ff) for fiscal year 2003, $29,471,000,000. ``(III) In this clause, the term `highway receipts' means the governmental receipts credited to the highway account of the Highway Trust Fund. ``(C)(i) In addition to the adjustment required by subparagraph (B), when the President submits the budget under section 1105 of title 31, United States Code, for fiscal years 2000, 2001, 2002, or 2003, OMB shall calculate and the budget shall include for the budget year and each outyear an adjustment to the limits on outlays for the highway category and the mass transit category equal to-- ``(I) the outlays for the applicable category calculated assuming obligation levels consistent with the estimates prepared pursuant to subparagraph (D), as adjusted, using current technical assumptions; minus ``(II) the outlays for the applicable category set forth in the subparagraph (D) estimates, as adjusted. ``(ii) The adjustment made pursuant to clause (i) in the fiscal years 2002 and 2003 budget submissions of the President under section 1105(a) of title 31, United States Code, shall not exceed 4 percent plus cumulative carryovers. In this clause, the term `cumulative carryovers' means the total of each amount by which outlays for the highway and mass transit category for any fiscal year are less than the outlay limit for that category, as adjusted, for that year less any amount of carryover used in the previous year. ``(D)(i) When OMB and CBO submit their final sequester report for fiscal year 1999, that report shall include an estimate of the outlays for each of the categories that would result in fiscal years 2000 through 2003 from obligations at the levels specified in section 8103 of the Transportation Equity Act for the 21st Century using current assumptions. ``(ii) When the President submits the budget under section 1105 of title 31, United States Code, for fiscal years 2000, 2001, 2002, or 2003, OMB shall adjust the estimates made in clause (i) by the adjustments by subparagraphs (B) and (C). ``(E) OMB shall consult with the Committees on the Budget and include a report on adjustments under subparagraphs (B) and (C) in the preview report.''. (e) Enforcement of Guarantee.--Rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new clause: ``9. It shall not be in order to consider any bill or joint resolution, or any amendment thereto or conference report thereon, that would cause obligation limitations to be below the level for any fiscal year set forth in section 8103 of the Transportation Equity Act for the 21st Century, as adjusted, for the highway category or the mass transit category, as applicable.''. SEC. 8102. CONFORMING THE PAYGO SCORECARD WITH THIS ACT. Upon the enactment of this Act, the Director of the Office of Management and Budget shall not make any estimates under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 of changes in direct spending outlays and receipts for any fiscal year resulting from this title. SEC. 8103. LEVEL OF OBLIGATION LIMITATIONS. (a) Highway Category.--For the purposes of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the level of obligation limitations for the highway category is-- (1) for fiscal year 1999, $25,883,000,000; (2) for fiscal year 2000, $26,629,000,000; (3) for fiscal year 2001, $27,158,000,000; (4) for fiscal year 2002, $27,767,000,000; and (5) for fiscal year 2003, $28,233,000,000. (b) Mass Transit Category.--For the purposes of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the level of obligation limitations for the mass transit category is-- (1) for fiscal year 1999, $5,365,000,000; (2) for fiscal year 2000, $5,797,000,000; (3) for fiscal year 2001, $6,271,000,000; (4) for fiscal year 2002, $6,747,000,000; and (5) for fiscal year 2003, $7,226,000,000. For purposes of this subsection, the term ``obligation limitations'' means the sum of budget authority and obligation limitations. Subtitle B--Veterans' Benefits SEC. 8201. SHORT TITLE. This subtitle may be cited as the ``Veterans Benefits Act of 1998''. SEC. 8202. PROHIBITION ON ESTABLISHMENT OF SERVICE-CONNECTION FOR DISABILITIES RELATING TO USE OF TOBACCO PRODUCTS. (a) Wartime Disability Compensation.--Section 1110 of title 38, United States Code, is amended by striking out ``or abuse of alcohol or drugs'' and inserting in lieu thereof ``, abuse of alcohol or drugs, or use of tobacco products''. (b) Peacetime Disability Compensation.--Section 1131 of such title is amended by striking out ``or abuse of alcohol or drugs'' and inserting in lieu thereof ``, abuse of alcohol or drugs, or use of tobacco products''. (c) Applicability.--(1) Except as provided in paragraph (2), the amendments made by this section shall apply to any claims for compensation received by the Secretary of Veterans Affairs before, on, or after the date of enactment of this Act. (2) The amendments made by this section shall not apply in the case of any such claims adjudicated by the Secretary before such date of enactment for which a service-connection was established for a disability on the basis of the use of tobacco products. SEC. 8203. TWENTY PERCENT INCREASE IN RATES OF BASIC EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL. (a) Active Duty Educational Assistance.-- (1) Increase in rates.--Section 3015 of title 38, United States Code, is amended-- (A) in subsection (a)(1), by striking out ``$400'' and inserting in lieu thereof ``$528 (as increased from time to time under subsection (g))''; and (B) in subsection (b)(1), by striking out ``$325'' and inserting in lieu thereof ``$429 (as increased from time to time under subsection (g))''. (2) CPI adjustment.--Subsection (g) of such section is amended by striking out ``beginning on or after October 1, 1994'' and all that follows through ``such rates'' and inserting in lieu thereof ``, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subsections (a)(1) and (b)(1)''. (3) Technical amendments.--Such section is further amended-- (A) in subsection (a), by striking out ``subsections (b), (c), (d), (e), (f), and (g) of'' in the matter preceding paragraph (1); and (B) in subsection (b)-- (i) by striking out ``Except as provided in subsections (c), (d), (e), (f), and (g), in'' and inserting in lieu thereof ``In''; and (ii) by inserting ``(except as provided in the succeeding subsections of this section)'' after ``under this chapter shall''. (4) Effective dates.--The amendments made by this subsection shall take effect on October 1, 1998, and shall apply with respect to educational assistance allowances paid for months after September 1998. However, no adjustment in rates of educational assistance shall be made under subsection (g) of section 3015 of title 38, United States Code, as amended by paragraph (2), for fiscal year 1999. (b) Selected Reserve Educational Assistance.-- (1) Increase in rates.--Paragraph (1) of section 16131(b) of title 10, United States Code, is amended-- (A) in subparagraph (A), by striking out ``$190'' and inserting in lieu thereof ``$251 (as increased from time to time under paragraph (2))''; (B) in subparagraph (B), by striking out ``$143'' and inserting in lieu thereof ``$188 (as increased from time to time under paragraph (2))''; and (C) in subparagraph (C), by striking out ``$95'' and inserting in lieu thereof ``$125 (as increased from time to time under paragraph (2))''. (2) CPI adjustment.--Paragraph (2) of such section is amended by striking out ``beginning on or after October 1, 1994'' and all that follows through ``such rates'' and inserting in lieu thereof ``, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subparagraphs (A), (B), and (C) of paragraph (1)''. (3) Technical amendment.--Paragraph (1) of such section is further amended by striking out ``in paragraph (2) and''. (4) Effective date.--The amendments made by this subsection shall take effect on October 1, 1998, and shall apply with respect to educational assistance allowances paid for months after September 1998. However, no adjustment in rates of educational assistance shall be made under paragraph (2) of section 16131(b) of title 10, United States Code, as amended by paragraph (2), for fiscal year 1999. SEC. 8204. INCREASE IN ASSISTANCE AMOUNT FOR SPECIALLY ADAPTED HOUSING. (a) In General.--Section 2102 of title 38, United States Code, is amended-- (1) in the matter preceding paragraph (1) of subsection (a), by striking out ``$38,000'' and inserting in lieu thereof ``$43,000''; and (2) in subsection (b)(2), by striking out ``$6,500'' and inserting in lieu thereof ``$8,250''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to limitations under section 2102 of such title on assistance furnished to a veteran under section 2101 of such title on or after October 1, 1998. SEC. 8205. INCREASE IN AMOUNT OF ASSISTANCE FOR AUTOMOBILE AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VETERANS. (a) In General.--Section 3902(a) of title 38, United States Code, is amended by striking out ``$5,500'' and inserting in lieu thereof ``$8,000''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to assistance furnished under section 3902 of such title on or after October 1, 1998. SEC. 8206. INCREASE IN AID AND ATTENDANCE RATES FOR VETERANS ELIGIBLE FOR PENSION. Effective October 1, 1998, the maximum annual rates of pension in effect as of September 30, 1998, under the following provisions of chapter 15 of title 38, United States Code, are increased by $600: (1) Subsections (d)(1), (d)(2), (f)(2), and (f)(4) of section 1521. (2) Section 1536(d)(2). SEC. 8207. ELIGIBILITY OF CERTAIN REMARRIED SURVIVING SPOUSES FOR REINSTATEMENT OF DEPENDENCY AND INDEMNITY COMPENSATION UPON TERMINATION OF THAT REMARRIAGE. (a) Restoration of Prior Eligibility.--Section 1311 of title 38, United States Code, is amended by adding at the end the following new subsection: [[Continued on page H3894]]