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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, and $110,000,000 for fiscal year 2003.
(6) ITS deployment.--For carrying out sections 5208 and 5209
of this Act $101,000,000 for fiscal year 1998, $105,000,000 for
fiscal year 1999, $113,000,000 for fiscal year 2000,
$118,000,000 for fiscal year 2001, $120,000,000 for fiscal year
2002, and $122,000,000 for fiscal year 2003.
(7) University transportation research.--For carrying out
section 5505 of title 49, United States Code, $31,150,000 for
fiscal year 1998, $31,150,000 for fiscal year 1999, $32,750,000
for fiscal year 2000, $32,750,000 for fiscal year 2001,
$32,000,000 for fiscal year 2002, and $32,000,000 for fiscal
year 2003.
(b) Applicability of Title 23, United States Code.--Funds authorized
to be appropriated by subsection (a) shall be available for obligation
in the same manner as if such funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share of the cost
of a project or activity carried out using such funds shall be 80
percent (unless otherwise expressly provided by this subtitle or
otherwise determined by the Secretary with respect to a project of
activity) and such funds shall remain 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.
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. <<NOTE: 49 USC 102 note.>>
(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 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 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:
``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 <<NOTE: Contracts.>> 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
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.--
<<NOTE: Reports.>> 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.--
``(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) <<NOTE: Contracts.>> 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
under 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 <<NOTE: Contracts.>> 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.
``(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. <<NOTE: 23 USC 502 note.>> STUDY OF FUTURE STRATEGIC
HIGHWAY RESEARCH PROGRAM.
(a) Study.--Not later than 120 days after
the <<NOTE: Contracts.>> 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. <<NOTE: 23 USC 502 note.>> 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 THE CONGRESS ON THE YEAR 2000 PROBLEM.
With the year 2000 fast approaching, it is the sense of the 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. <<NOTE: 49 USC 111 note.>>
(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. <<NOTE: 23 USC 502 note.>> 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.--
(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 Commonwealth 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 departments of
transportation.
(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. <<NOTE: Deadline. Reports.>>
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 Commonwealth
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 <<NOTE: Intelligent Transportation Systems Act of 1998. Inter-
governmental relations. Urban and rural areas.>> C--Intelligent
Transportation Systems
SEC. 5201. SHORT TITLE. <<NOTE: 23 USC 502 note.>>
This subtitle may be cited as the ``Intelligent Transportation
Systems Act of 1998''.
SEC. 5202. FINDINGS. <<NOTE: 23 USC 502 note.>>
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. <<NOTE: 23 USC 502 note.>>
(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;
(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. <<NOTE: 23 USC 502
note.>>
(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 devel-
opment, management, and integration of intelligent transpor-
tation 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. <<NOTE: 23 USC 502 note.>>
(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. <<NOTE: 23 USC 502
note.>>
(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) <<NOTE: Federal Register, publication.>> 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.--
(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) <<NOTE: Federal Register, publication.>> 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. <<NOTE: 23 USC 502 note.>>
(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. <<NOTE: 23 USC 502 note.>> 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 <<NOTE: Contracts.>>
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. <<NOTE: 23 USC 502 note.>> 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, 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. <<NOTE: 23 USC 502 note.>>
(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. <<NOTE: 23 USC 502 note.>>
(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. <<NOTE: 23 USC 502 note.>>
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).