[House Report 108-452]
[From the U.S. Government Publishing Office]
108th Congress 2d SessioHOUSE OF REPRESENTATIVES Rept. 108-452
Part 1
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TRANSPORTATION EQUITY ACT:
A LEGACY FOR USERS
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R E P O R T
of the
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
on
H.R. 3550
March 29, 2004.--Ordered to be printed
TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS
108th Congress Rept. 108-452
HOUSE OF REPRESENTATIVES
2d Session Part 1
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TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS
_______
March 29, 2004.--Ordered to be printed
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Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 3550]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3550) to authorize funds for
Federal-aid highways, highway safety programs, and transit
programs, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
The amendment strikes all after the enacting clause of the
bill and inserts a new text which appears in italic type in the
reported bill.
Purpose of the Legislation
The purpose of this bill is to authorize funds for Federal-
aid highways, highway safety, truck safety, public
transportation, transportation research, transportation
planning and project delivery, hazardous materials
transportation, and other surface transportation programs
carried out by the United States Department of Transportation,
to be financed primarily through the Federal Highway Trust
Fund.
Background and Need for the Legislation
Enactment of H.R. 3550, the Transportation Equity Act: a
Legacy for Users (TEA LU), is the Committee's highest priority
this year. This legislation will set the course for highway,
highway safety, truck safety, and public transportation
programs for the remainder of this decade. It must also ensure
the integrity of the Highway Trust Fund, and the ability of the
Trust Fund to meet our nation's surface transportation
infrastructure needs. These needs are significant and they must
be met.
Increased investment in transportation infrastructure has
far-reaching impacts on the quality of life in our communities,
our nation's economy, and our competitiveness in the world
marketplace. Every American and every business will benefit
from such investment by experiencing shortened travel times,
increased productivity, and improved safety.
Transportation Investment Leads to Economic Growth
Throughout our nation's history, economic growth,
prosperity, and opportunity have followed investments in the
nation's infrastructure. From the ``internal improvements'' of
the early 1800's--canals, locks, and roads--to the Interstate
Highway System of today, infrastructure investment has been our
foundation for economic growth. For example, between 1980 and
1991, almost one-fifth of the increase in productivity in the
U.S. economy was attributable to investment in highways.
Our nation's highways, transit and rail systems, pipelines,
airports, harbors, and waterways not only provide the backbone
of our economy by moving people and goods, they also employ
millions of workers and generate a significant share of total
economic output. Transportation-related goods and services
generate 10 percent of our total Gross Domestic Product.
In addition to facilitating economic growth, our
transportation system has a direct and significant impact on
the daily lives of nearly all Americans. The average household
spends 19 percent of its income on transportation, more than on
any other expense except housing, and the average person
travels 40 miles each day.
To the average American, higher Federal investment in
surface transportation infrastructure will mean:
Shorter commutes that save time, fuel, and
reduce pollution.
Better access to work, school, health care,
and recreation.
Lives saved--many of the more than 42,000
highway fatalities each year could be prevented by
building better roads and improving the safety features
of existing roads.
Safer systems to accommodate the transport
of hazardous materials, estimated at more than 1.2
million shipments per day and an annual movement of 4
billion tons.
Despite the importance of transportation to both our
economy and the quality of life in our communities, many of our
nation's transportation infrastructure needs are going unmet.
This has resulted in, among other things, an alarming increase
in congestion.
Congestion Crisis
Congestion is a major national problem, and is increasing.
In 1999, 167 major highway bottlenecks located in 30 states
plus the District of Columbia were identified. Using the same
methodology, the number of major bottlenecks has now grown to a
total of 233. According to the Texas Transportation Institute's
2003 Urban Mobility Study, which studies congestion in the
nation's 75 largest urban areas, traffic congestion levels have
increased in every area since 1982. Congestion now extends to
more time of the day, more roads, affects more trips, and
creates more extra travel time than in the past.
In fact, the extra time needed for rush hour travel has
tripled over the last two decades. The national average Travel
Time Index for 2001 was 1.39 (meaning a rush hour trip took 39
percent longer than a non-rush hour trip). The national average
in 1982 was only 1.13. This problem is not restricted to the
largest cities. In small urban areas (less than 50,000 in
population), this index has nearly quadrupled over these same
years, indicating that even smaller areas are not able to keep
pace with rising demand.
The cost of congestion is continuing to climb. Traffic
congestion cost motorists in the nation's 75 largest urban
areas a staggering $69.5 billion in 2001 in terms of wasted
time and fuel, $4.5 billion more than in 2000. This $69.5
billion total cost equates to an average annual cost per urban
resident--adults and children--of about $520.
Congestion negatively impacts our environment by increasing
emissions and wasting fuel. Vehicles in stop-and-go traffic
emit more pollutants--particularly carbon monoxide and volatile
organic compounds--than they do when operating without frequent
braking and acceleration. In addition, 5.7 billion gallons of
fuel were wasted in 2001 due to traffic congestion in these
cities alone. This amount of fuel would fill 570,000 gasoline
tank trucks that would stretch from New York to Las Vegas and
back again.
Perhaps most importantly, reducing highway congestion would
save lives. If modest improvements were made to improve the
traffic flow at the 233 severe bottlenecks identified in the
highway organization study discussed above, the number and
severity of vehicle crashes would be lessened. Over the 20-year
life of the projects, such improvements would prevent more than
449,500 crashes, including some 1,750 fatalities and 220,500
injuries.
The Highway Trust Fund
Congress has established, over time, a series of trust
funds to collect user fees and then invest those funds on
capital improvements. The Highway Trust Fund was established in
the 1956 Highway Revenue Act to specifically link taxes on
motor fuels to funding for highways. The Revenue Act increased
some of the existing user fees, established new ones, and
provided that most of the revenues from these taxes would be
credited to the Highway Trust Fund. In the 1982 Surface
Transportation Assistance Act, a separate Mass Transit Account
was established in the Highway Trust Fund to receive part of
the motor fuel user fee receipts. Subsequent increases in the
user fee brought the Federal gas tax to 18.4 cents. In 1997,
the Taxpayer Relief Act redirected a 4.3-cent diversion of user
fee payments from the general fund to the Highway Trust Fund.
Currently, all Federal motor fuel user fee receipts are
deposited to the Highway Trust Fund, with 15.44 cents credited
to the Highway Account and 2.86 cents credited to the Mass
Transit Account. One of this Committee's highest priorities is
to ensure that the user fees deposited into these trust funds
are in fact used for their intended purposes--to rebuild our
nation's highway and transit infrastructure.
The Highway Trust Fund is: (1) wholly self-financed by the
users; (2) a dedicated revenue source; (3) self-supporting,
operating on a pay-as-you-go basis; and (4) deficit proof. The
Trust Fund represents a contract between the government and the
user that specifies that certain user fees will be levied on
the users of highways and, in return, the government pledges to
use the receipts to build transportation infrastructure for the
taxpayer's use.
A major accomplishment of the 1998 Transportation
Efficiency Act for the 21st Century (TEA 21) was reestablishing
trust with the taxpayer by creating a budgetary mechanism to
ensure that the user fees deposited in the Highway Trust Fund
become available to be spent for their intended purpose.
Maintaining these budgetary firewalls and spending guarantees
are a top priority for the Committee.
Section-by-Section Analysis
Sec. 1. Short title: Table of contents
Subsection (a) provides that the short title is the
Transportation Equity Act: A Legacy for Users.
Subsection (b) lists the table of contents.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations of Programs
Sec. 1101. Authorizations of appropriations
Subsection (a) authorizes funds out of the Highway Trust
Fund (other than the Mass Transit Account) for the following
highway programs: Interstate Maintenance Program, National
Highway System, Bridge Program, Highway Safety Improvements
Program, Surface Transportation Program, Congestion Mitigation
and Air Quality Improvement Program, Appalachian Development
Highway System Program, Recreational Trails Program, Federal
Lands Highways Program, National Corridor Infrastructure
Improvement Program, Coordinated Border Infrastructure Program,
Projects of National and Regional Significance Program,
Construction of Ferry Boats and Ferry Terminal Facilities,
National Scenic Byways Program, Congestion Pricing Pilot
Program, Deployment of 511 Traveler Information Program, High
Priority Projects Program, Freight Intermodal Connector
Program, High Risk Rural Road Safety Improvement Program,
Highway Use Tax Evasion Program, Pedestrian and Cyclist Equity,
Dedicated Truck Lanes, Highways for LIFE Program, and
Commonwealth of Puerto Rico Program.
Subsection (b) continues the disadvantaged business
enterprise (DBE) program from TEA 21.
Sec. 1102. Obligation ceiling
This section provides the obligation limitation for the
federal-aid highway and highway safety construction programs.
Subsection (b) addresses the exemptions to the obligation
limitation. Paragraphs 1-8 in this subsection are identical to
TEA 21. Paragraph (9) is added to address 3-year obligation
authority (OA) made available under TEA 21 for research
programs and ``no-year'' OA made available for certain programs
and projects under TEA 21 or in subsequent appropriations acts.
Subsections (c),(d),(e),(f),(g),(h), and (i) address how the
obligation authority is distributed, the redistribution of
unused obligation authority, and the limitation on obligations
for administrative expenses and are virtually identical to TEA
21.
Sec. 1103. Apportionments
This section makes changes to the process by which
apportionments are made pursuant to Section 104 of Title 23.
Subsection (a) of this section amends the way administrative
expenses for FHWA and FMCSA are provided. These expenses were
formerly funded as a takedown and are now a specific authorized
amount.
Subsection (b) of this section changes the set-aside amount
for the Alaska Highway and the set-asides for the U.S.
Territories under the National Highway System program
apportionment formula.
Subsection (c) of this section makes a conforming amendment
to the metropolitan planning set-aside formula to reflect the
fact that administrative expenses are no longer funded as a
takedown.
Subsection (d) of this section updates the reference for
the Puerto Rico Highway program, replacing the TEA 21 reference
with a TEA LU reference.
Sec. 1104. Minimum guarantee
This updates the years referred to in Section 105 of Title
23 to reflect the duration of this bill and eliminates high
priority projects from the minimum guarantee calculation and
includes the border infrastructure program, the freight
intermodal connectors program, the safe routes to school
program, the highway safety improvement program, and the high
risk rural road safety improvement program in the minimum
guarantee calculation.
Subsection (b) increases the amount of minimum guarantee
funding that is flexible to be used by states as if it were
surface transportation program funding.
Sec. 1105. Project approval and oversight
This section amends the Financial Plan portion of section
106 of title 23 requiring states with a project that costs $500
million or more to submit an annual financial plan.
Sec. 1106. Temporary traffic control devices
This section amends Section 109(e) of Title 23 and Section
112 of Title 23 to require that contracts for federally funded
highway construction projects include costs for appropriate
safety measures. The amendment to Section 109 requires that
temporary traffic control devices be installed and maintained
during construction and maintenance projects in order to
provide protection for construction workers. The amendment to
Section 112 requires the Secretary to issue regulations
establishing the conditions for and the appropriate use of
federal funds for uniformed law enforcement officers, positive
protective measures between traffic and workers, and
installation of temporary traffic control devices during
construction and maintenance projects.
Sec. 1107. Revenue aligned budget authority
This section conveys the Committee's intent to continue the
concept of revenue aligned budget authority, but in a way that
ensures greater stability in program funding level adjustments.
Sec. 1108. Emergency relief
This section increases the authorized amount for the
Emergency Relief Program in Section 125 of Title 23 from $100
million to $120million beginning in FY 2005. This section also
authorizes additional amounts for this program above the $120 million
per year to be derived from the General Fund. It is the Committee's
intent that if there is the need for additional funds over and above
the annually authorized level of $120 million that those funds be
appropriated from the General Fund.
Sec. 1109. Surface Transportation Program
This section continues the requirement in Section 133(f)(1)
of Title 23 that States suballocate a portion of their Surface
Transportation Program funds to urbanized areas with over
200,000 individuals.
Sec. 1110. Highway use tax evasion projects
This section continues the existing program to combat
highway use tax evasion and makes changes designed to reduce
tax evasion and increase receipts into the Highway Trust Fund.
The Highway Use Tax Evasion program supports State and
Federal efforts to enhance motor fuel tax enforcement. To make
the program more effective, this provision would amend section
143 of title 23 to: (1) dedicate funding for intergovernmental
enforcement efforts; (2) allow projects for identification of
tax evasion in the area of foreign imported fuel; (3) assist
States and Indian Tribes in addressing issues related to the
collection of State motor fuel taxes; and (4) provide for
annual reporting on examinations, criminal investigations, and
audits by the States and the Internal Revenue Service (IRS).
Sec. 1111. Appalachian Development Highway System
This section directs the Secretary to apportion funds made
available for the Appalachian Development Highway System (ADHS)
among the states on the basis of the estimated cost to complete
the system. It specifies that such funds are subject to title
23 requirements and are available to construct ADHS highways
and access roads. It also prohibits the use of toll revenues as
non-federal match for the construction, improvement, and
maintenance of highways, bridges, or tunnels.
Sec. 1112. Construction of ferry boats and ferry terminal facilities
Subsections (a) and (b) of this section codify the existing
Ferry Boat Discretionary Program authorized in Section 1064 of
ISTEA. Subsection (c) requires the Secretary to establish a
national ferry database. It is the Committee's intent that the
information collected and maintained in this database will be
used as part of the decision making process for funding
allocations under this program.
Sec. 1113. Interstate Maintenance Discretionary
This section eliminates the Interstate Maintenance
Discretionary program in Section 118 of Title 23. The Committee
does not intend to have any changes to this program affect any
projects that have already been funded under this program.
Sec. 1114. Highway bridge
Subsection (a) retains the principles for applications for
and approval of Federal assistance for bridge replacement or
rehabilitation allowed in current law. It also includes
additional language to allow Federal participation in
preventive maintenance on a bridge, as well as, installing
scour countermeasures to a bridge.
Subsection (b) continues the discretionary bridge program
and subsection (c) changes the lower bound for the off-system
set-aside from 15 percent to 20 percent.
Sec. 1115. Transportation and Community and System Preservation Program
This section reauthorizes the program for fiscal years 2004
through 2009. It prohibits funds made available for this
program from being transferred to other programs, and
establishes the federal cost share for projects carried out
under this program in accordance with section 120(b) of title
23.
Sec. 1116. Deployment of magnetic levitation transportation projects
This section details the funding and eligibility
requirements for constructing fixed guideway infrastructure, as
well as, the related components necessary for the construction,
but not including costs incurred for a new station. Eligible
projects under this section must involve a segment or segments
of high speed ground transportation corridor, result in an
operating transportation facility that provides a revenue
producing service and be approved by the Secretary. It is the
Committee's intent for this program to be administered as a new
program and not the continuation of any previously authorized
program.
Sec. 1117. Recreational trails
Sec. 1117 makes various improvements to the recreational
trails program established in section 206 of title 23, U.S.
Code.
Subsection (a) amends 23 USC 104(h) to permit use of
administrative funds for training and deletes reference to the
National Recreational Trails Advisory Committee. Subsection (b)
amends 23 USC 206(d)(2) regarding permissible uses of funds to
include assessment of trail conditions and to clarify that new
trails on Federal lands must be recommended in a statewide
comprehensive outdoor recreation plan.
Subsection (c) strikes 23 USC 206 (b)(3)(C), which permits
States to waive requirements regarding distribution of funds
for various types of projects.
Subsection (d) amends 23 USC 206(f) to provide that the
federal share for recreational trails projects shall be
determined in accordance with section 120(b) of title 23 and
allows recreational trails funds to be used toward the Federal
share of certain other Federal programs.
Subsection (e) amends 23 USC 206(h)(1) to provide that pre-
approval planning and environmental compliance costs can be
credited toward the non-Federal share of a project.
Subsection (f) directs the Secretary to encourage the
States to use qualified youth conservation or service corps to
complete trail projects.
Sec. 1118. Federal Lands Highways
This section amends the current Federal Lands Highway
provision in title 23 to clarify the authority that Indian
Tribes have to conduct their own contracting and construction
programs for federal-aid highways. The Transportation Equity
Act for the 21st Century amended this section to make
amendments that the Committee felt were clear on the breadth of
this authority, but, the Committee believes the full intent of
the TEA 21 amendments has not been fulfilled. The amendments
are intended to clarify the intent of the Committee on this
important point for Indian Tribes.
Sec. 1120. Pedestrian and cyclist equity
This section establishes two new programs--a Safe Routes to
School Program and a Nonmotorized Transportation Pilot Program.
Sec. 1121. National commissions
This section establishes two commissions, one to study
future revenue sources to support the Highway Trust Fund and
another to study the future of the Interstate Highway System.
Both commissions are established using the same criteria for
the selection of the members. This section also amends section
101 of title 23 to include a declaration of policy regarding
the study of the Interstate Highway System.
The Commission on Future Revenue Sources to Support the
Highway Trust Fund will study alternative short-term sources of
revenue for the Highway Trust Fund, as well as evaluating
alternative long-term sources of revenue to support the Highway
Trust Fund. When studying the long-term sources, the Commission
is directed to consider the findings, conclusions, and
recommendations of a recent study completed by the
Transportation Research Board of the National Academy of
Sciences on alternatives to the user fee to support highway
financing.
The Commission is directed to develop ways to generate
revenues to accomplish the requirements of section 1124;
oversee a comprehensive investigation of alternatives to
replace the user fee as the principal source of revenue for the
Highway Trust Fund; consult with the Secretaries of
Transportation and Treasury to ensure that their views
concerning essential revenue alternatives are understood;
consider State transportation agencies views on alternative
revenue sources for the Highway Trust Fund; and make specific
recommendations regarding their findings and necessary actions
to Congress.
When considering alternative sources of revenue, the
Commission shall address the advantages or disadvantages of
alternative revenue sources and identify the most promising
revenue sources to support long-term financing requirements.
The Commission shall also establish a time frame for which the
necessary actions must be taken and a broad transition strategy
to move from the current user fee base to new funding
mechanisms, including the time frame for the transition
strategy.
Not later than September 30, 2005, the Commission shall
transmit to Congress a report on revenues to support actions
necessary to meet the requirements of section 1124. The
Commission has until September 30, 2006 to transmit to Congress
a report on the alternative long-term sources of revenue for
the Highway Trust Fund.
The Commission on the Future of the Interstate Highway
System will study the current condition and future of the
Dwight D. Eisenhower National System of Interstate and Defense
Highways (the ``Interstate System''). The study will include a
conceptual plan with alternative approaches for the future of
the Interstate System and will assure that the Interstate
System will continue to serve its National needs.
The Commission is directed to consider the views of State
transportation agencies and make specific recommendations
regarding design standards, Federal policies, and legislative
changes that must be made to assure that national interests in
meeting future needs are addressed.
When conducting the study, the Commission is specifically
directed to address all issues that could impact the Interstate
system including, demographics; usage; natural disasters;
design standards; system-wide needs; potential expansion,
upgrades, or other changes; community values; environmental
issues; and system performance.
The Commission has until September 30, 2006 to transmit to
Congress a report on the results of the study.
Sec. 1122. Adjustments for the Surface Transportation Extension Act of
2003
This section is reserved for instructions on how to
reconcile adjustments made in the Surface Transportation
Extension Act of 2003 and the Surface Transportation Extension
Act of 2004 with this Act.
Sec. 1123. Roadway safety
Subsection (a) directs the Secretary to enter into an
agreement with an organization to develop a public service
campaign to educate transportation officials, public safety
officials, and motorists regarding the extent to which road
hazards and design features are a factor in motor vehicle
crashes.
Subsection (b) directs the Secretary to make grants to an
organization to operate a national bicycle and pedestrian
clearinghouse, to disseminate techniques and strategies for
improving bicycle and pedestrian safety, and to develop
information and educational programs related to pedestrian
activities and cycling.
Sec. 1124 Equity requirement
This section establishes a requirement that a law be
enacted prior to FY 2006 that increases the minimum guarantee
rate of return to 95 percent by FY 2009. Subsection (a) states
that a law must be enacted that increases the guaranteed rate
of return to 92 percent in fiscal year 2006, 93 percent in
fiscal year 2007, 94 percent in fiscal year 2008, and 95
percent in fiscal year 2009. The law that increases the rate of
return must also ensure that all states receive an increase in
formula funds from year to year. The increase can either be
derived from the minimum guaranteed rate of return or from the
states prior year apportioned highway funds adjusted for
inflation using the consumer price index.
If the law referenced above is not enacted by September 30,
2005 no funds may be apportioned for any of the following
programs: the National Highway System program, high priority
program, the Interstate maintenance program, the surface
transportation program, the Metropolitan Planning program, the
highway bridge replacement and rehabilitation program, the
congestion mitigation and air quality improvement program, the
recreation trails program, the Appalachian development highway
system, the freight intermodal connectors program, the
coordinated border infrastructure program, the high risk rural
road safety improvement program, the safe routes to schools
program, and the minimum guarantee program.
Subtitle B--Congestion Relief
Sec. 1201. motor vehicle congestion relief
This section adds a new Section 139 to title 23 of the U.S.
Code. Section 1201 would require each State with an urbanized
area population over 200,000 to obligate a portion of its
formula funds to target congestion in those areas of the State.
The amount to be obligated in each State is determined
multiplying the total amount apportioned to each State under
Sections 104(b)(1), (2), (3) and (4) of title 23 by 10 percent
and by the percentage of the State population residing in
urbanized areas over 200,000.
Under-one activities.--40 percent of the funds will be
obligated for congestion relief activities that will be
complete within one year after the date of commencement of
onsite improvements and has a project cost of less than $1
million.
Under-three activities.--35 percent of the funds will be
obligated for congestion relief activities that will be
complete within three years after the date of commencement of
onsite improvements.
Twenty-five percent of the funds will be obligated by a
State for one or more of the following: under-one, under-three,
eligible capital costs under Chapter 53 of Title 49, or demand
relief projects and activities.
States are not required to obligate proportional or equal
amounts of their Section 104(b)(1), (2), (3) and (4) funds.
Section 1201 does not change the eligibility of projects under
Section 104. States may transfer amounts for under-one
activities to under-three if the State certifies to the
Secretary it has no under-one congestion relief activities.
Congestion relief activities include additional capacity,
improvements to interchanges, construction of parallel roads,
construction of truck only lanes, operational improvements, and
through programs that use existing capacity more efficiently
such as reversible lanes or lane management strategies.
Sec. 1202. Transportation Systems Management and Operations
Section 1202 broadens the definition of Operational Costs
for Traffic Monitoring, Management and Control in Section
101(a)(17) of title 23 to include transportation systems
management and operations. It also broadens the definition of
Operational Improvements in Section 101(a)(18)(A)(i) to include
transportation systems management and operations and equipment
and programs for transportation response to natural disasters.
Section 1202 adds a new definition (39) Transportation
Systems Management and Operations to Section 101(a) of Title
23.
Section 1202 adds a new Section 166 to title 23.
Sec. 1203. Real-Time System Management Information Program
The Secretary shall establish a program that provides to
all States the capability to monitor, in real-time, the traffic
and travel conditions of the nation's major highways and to
share the information with other States, local governments and
the traveling public.
The Secretary is required to establish a steering committee
to provide guidance regarding the content and uniformity of
data exchange formats to ensure that data can be shared.
With approval from the Secretary, States may obligate
formula funds for activities related to the planning and
deployment of this program.
Sec. 1204. Expedited National Intelligent Transportation Systems
Deployment Program
Section 1204 requires the Secretary to establish a
comprehensive program to accelerate the integration,
interoperability and deployment of intelligent transportation
systems in order to improve the performance of the surface
transportation system.
The Secretary may make grants for projects that improve
efficiency, promote safety, reduce emissions of air pollutants,
improve traveler information, and build on existing intelligent
transportation system projects and other projects.
Sec. 1205. Intelligent Transportation Systems (ITS) deployment
Section 1205 adds a new section 150 to title 23 that
requires States to obligate a portion of their formula funds
for the deployment of ITS systems in the State. The amount that
each State shall spend is determined by multiplying
$500,000,000 by the ratio that a state's total funds
apportioned under section 104(b)(1), (b)(2), (b)(3) and (b)(4)
of title 23 bears to the total amount apportioned to all States
for such fiscal year.
Funds must be obligated for ITS projects such as
improvements to the performance of a system like incident
management, projects that provide for networks to link
metropolitan and rural surface transportation systems,
improvements to highway safety, operation and management,
interagency support between transportation agencies, police,
medical services and others, and planning.
States are not required to obligate proportional or equal
amounts of their Section 104(b)(1), (2), (3) and (4) funds.
Section 1201 does not change the eligibility of projects under
Section 104.
Sec. 1206. Environmental review of activities that support deployment
of intelligent transportation systems (ITS)
The Secretary shall conduct a rulemaking within one year to
establish categorical exclusions, to the extent appropriate,
for activities that support the deployment of ITS from the
requirement that an environmental assessment or an
environmental impact statement be prepared under NEPA, in
compliance with the standards for categorical exclusions
established by NEPA.
The Secretary shall also develop a nationwide programmatic
agreement governing the review of activities that support ITS
deployment in accordance with the National Historic
Preservation Act. The agreement will be developed in
consultation with the National Conference of State Historic
Preservation Officers and the Advisory Council on Historic
Preservation.
Sec. 1207. Assumption of responsibility for certain programs and
projects
This section provides the Secretary the authority to
conduct a pilotprogram for up to five states to assume the
responsibilities of the Secretary for projects funded under Sec.
104(h), transportation enhancement activities under Section 133, as
defined in Sec. 101(a)(35), and projects defined in Section 101(a)(38)
of title 23, and Section 5607 of TEA LU.
Sec. 1208. HOV facilities
Subsection (a) of this section adds a new section 167 to
title 23 that authorizes the conversion of HOV lanes to high
occupancy toll (HOT) lanes. Subsection (a) of the proposed
section 167 in title 23 allows a state agency to establish the
occupancy requirements of vehicles operating on an HOV facility
except that no fewer than 2 occupants per vehicle may be
required for use of an HOV facility.
Subsection (b) of proposed section 167 states the
exemptions for the HOV occupancy requirements including
motorcycles, bicycles, public transportation vehicles, and High
Occupancy Toll (HOT) vehicles and low emission and energy-
efficient vehicles.
For HOT lanes the state agency must charge operators of
vehicles with less than the established occupancy requirements
a fee. The agency must also establish a program that addresses
how motorists can enroll and participate in the toll program,
automatically collect tolls, and establish policies and
procedures to manage demand by varying the toll, enforce
violations, and permit low-income drivers to pay a reduced
toll.
For inherently low emission vehicles, a state may allow the
use of HOV lanes even if the occupancy requirements are not met
so long as the vehicles are certified pursuant to section
88.311-93 of title 40, Code of Federal Regulations. The state
agency may also allow other low emission and energy efficient
vehicles to pay a toll to use HOV lanes though the occupancy
requirements are not met if those vehicles meet the
certification requirements that the EPA is directed to develop
in subsection (e). The toll amount charged to low emission
vehicles not certified pursuant to the CFR and other energy
efficient vehicles may be charged a toll less than other HOT
lane vehicles.
Subsection (c) sets requirements applicable to tolls on HOV
lanes. This subsection verifies that HOV facilities on the
Interstate can be tolled pursuant to the provisions of this
section. The subsection also states that the state agency must
first use the toll revenue to repay debt and provide a
reasonable rate of return on investments and then must give
priority consideration to projects for developing alternatives
to single occupancy vehicle travel and projects for improving
highway safety, including projects that improve safety by
providing increased capacity.
Subsection (d) addresses HOV facility management,
operation, monitoring and enforcement. If a state agency allows
single occupancy HOV vehicles to use the facility it must
ensure that vehicles maintain a minimum operating speed 90
percent of the time over a 6-month period during weekday peak
travel periods.
Sec. 1209. Congestion Pricing Pilot Program
This section amends the congestion pricing pilot program
established under the Intermodal Surface Transportation Equity
Act of 1991 to expand the authority to conduct such projects to
all States, although the number of congestion pricing pilot
projects is limited to 25. The limit of 25 projects includes
all projects previously approved under this section (prior to
the enactment of TEA LU) that collect tolls. This section also
requires that any congestion pricing toll programs include a
program for low-income drivers to pay a reduced toll. This
section also sets aside $3 million a year for congestion
pricing programs that do not include tolls.
Subtitle C--Mobility and Efficiency
Sec. 1301. National Corridor Infrastructure Improvement Program
This section directs the Secretary to establish and
implement a program to allocate funding to States for highway
construction projects in corridors of national significance. A
State must submit applications to the Secretary for funds.
The Secretary shall give priority to corridor projects that
are part of, or will be designated as part of, the Dwight D.
Eisenhower National System of Interstate and Defense highways
and to any project that will be complete in 5 years. The
Secretary shall consider such factors as mobility, economic
growth, linking two existing segments of Interstate, commercial
vehicle traffic due to NAFTA, reduction of travel time, value
of the cargo traveling through the corridor, economic costs,
and the financing associated with the project.
Sec. 1302. Coordinated Border Infrastructure Program
This section establishes a new formula program for border
infrastructure projects. The Secretary apportions funds to the
States based upon several factors: incoming commercial trucks
passing through land border ports of entry; the number of
incoming personal motor vehicles and buses passing through the
land border ports of entry; the weight of incoming cargo by
commercial trucks passing through such ports of entry; and the
number of land border ports of entry.
Definitions--``Border region'' means any portion of a
border State within 20 miles in an international land border
with Canada or Mexico. ``Border State'' means any State that
has an international land border with Canada or Mexico.
``Commercial Truck'' means a commercial motor vehicle as
defined in section 31301(4) (other than subparagraph (B)) of
title 49, U.S.C.
Sec. 1303. Freight intermodal connectors
This section establishes a new formula program for freight
intermodal connectors. The Secretary shall apportion funds to
States based upon the number of freight intermodal connectors;
a State's annual contribution to the Highway Trust Fund; total
lane miles of principle arterial routes; total vehicle miles
traveled on lanes on principle arterial routes; total diesel
fuel used on highways; total lane miles on principle arterial
highways divided by population.
The purpose of the program is to improve the movement of
freight and mitigate the impact of congestion. Eligible
projects include construction of and improvements to publicly
owned freight intermodal connectors and operational
improvements. States shall give priority to connectors to the
National Highway System.
States that do not have any freight intermodal connectors
or whose connectors are in good condition may use the
apportioned funds for projects eligible under the National
Highway System (Section 103(b)(6) of title 23).
Sec. 1304. Projects of national and regional significance
This section establishes a program to finance critical
high-cost transportationinfrastructure that address critical
national economic and transportation needs. These projects of national
and regional significance will improve the safe, secure, and efficient
movement of people and goods throughout the United States and improve
the health and welfare of the national economy by increasing economic
productivity, facilitating international trade, relieving
transportation congestion, and enhancing transportation safety.
The program will fund the construction of high-cost surface
transportation projects, including freight railroad projects
eligible under Title 23. To be eligible for assistance under
this program, eligible project costs must equal or exceed the
lesser of $500 million or 75 percent of the State's highway
apportionment for the prior fiscal year. The Secretary of
Transportation will conduct a national solicitation for
applications for projects of national and regional significance
and award grants on a competitive basis. The program creates a
rigorous review process for project applicants similar to the
Federal Transit Administration's review process for transit new
start projects.
Sec. 1305. Dedicated truck lanes
This section directs the Secretary to establish a pilot
program to allocate funds to States for the construction of
projects that separate commercial truck traffic from other
motor vehicle traffic. Priority will be given to projects that
provide additional capacity. The Secretary will also consider
the following factors: improvement to the safe and efficient
movement of freight; the extent to which trucks are separated
from other traffic; the connectivity of the project to the NHS
or the Interstate; if the project removes trucks from surface
streets; reductions in travel time; and the extent to which
federal funds are leveraged.
Sec. 1306. Truck parking facilities
This section establishes a pilot program in cooperation
with appropriate State, regional, and local governments to
address the shortage of long-term parking for commercial motor
vehicles on the National Highway System.
This section allows State, regional, and local governments
to address the safety problem of fatigued drivers through a
pilot program designed to allow for the creation of new rest
stops, as stated in section 120(c) of title 23, addition of new
commercial motor vehicle parking facilities adjacent to
commercial truck stops or travel plazas, or opening existing
weigh stations or park-and-ride facilities to commercial motor
vehicle parking. Pilot programs may also include using
intelligent transportation systems, or other means, to promote
the availability of public or privately available parking
facilities.
The Committee developed this pilot project after working
closely with the Administration, industry, State safety and
construction agencies, and truck plaza and rest stop operators.
It is the Committee's intent that the projects funded from this
pilot program only address adding parking facilities in
corridors with an identified truck parking shortage. This pilot
program is not intended to compete with local businesses or
commercial enterprises.
Not later than five years after the enactment of this bill,
the Secretary shall transmit a report on the results of the
pilot programs developed under this section.
Subtitle D--Highway Safety
Sec. 1401. Highway Safety Improvement Program
This section amends title 23 by eliminating the requirement
that States set aside 10 percent of their section 133, Surface
Transportation Program funds to carry out section 130 of Title
23, the Railway-Highway Crossing program and section 152, the
Hazard Elimination program. This section also establishes a
separate funding authorization for a combined section 130 and
152 called Highway Safety Improvement Program. However, the
authorizing language for the two programs still resides in
Section 130 and Section 152.
In subsection (a) the definition of Safety Improvement
Project as used in Section 101(a)(30) of title 23 is expanded
to include the installation of fluorescent, yellow-green signs
at pedestrian or bicycle crossings or school zones.
Subsection (b) amends title 23 to move the set-aside for
Operation Lifesaver from the apportionment under the Surface
Transportation Program to the apportionment for Section 130. It
also increases the amount for this program from $500,000 to
$600,000.
Subsection (c) increases the amount of the set-aside for
hazard elimination in high-speed rail corridors designated
under 104(d)(2) of title 23 and for the Minneapolis/St. Paul--
Chicago segment of the Midwest High-Speed Rail Corridor. The
subsection also adds the Northern New England High Speed Rail
Corridor and expands the South Central Corridor in 104(d)(2) of
title 23.
Subsection (d) adds a special rule to allow States to use
funds for protective devices on other section 130 activities if
the State demonstrates to the Secretary that it has met the
needs in such State for protective devices. The apportionment
formula for rail highway crossings is amended to distribute
funds 50 percent based on the STP formula and 50 percent based
on the number of rail highway crossings. Each state shall
receive at least a minimum of one half of one percent. The
federal share will be 90 percent. States will be required to
report to Congress every two years and can use up to 2 percent
of their funds for analysis and data collection.
Subsection (e) makes technical changes.
Subsection (f) amends section 152(a)(1) of title 23 to
include in the state survey dangers to the disabled from
hazardous road conditions. It also includes a requirement that
States identify the roadway safety improvements for hazardous
locations. It also adds three new activities for which the
funds can be used. The Secretary will use the STP apportionment
formula to apportion funds to the States for the Hazard
Elimination program. Each State shall receive at least one
percent from funds apportioned to the States. The federal share
will be 90 percent. The Secretary is required to report to
Congress every two years the results of this program, including
projects completed, the effectiveness of the projects, adequacy
of funding and recommendation of improvements to the program.
Subsection (g) makes the amendments in subsection (d), (e)
and (f) effective September 30, 2004 since there is no funding
for the new Highway Safety Improvement Program in FY 2004.
Sec. 1402. Worker injury prevention and free flow of vehicular traffic
The Secretary shall, within one year, issue regulations
requiring workers whose duties place them in close proximity to
a Federal-aid highway to wear high visibility garments.
Sec. 1403. High risk rural road safety improvement program
The Secretary shall establish and implement a program to
improve safety on rural major or minor collector or rural local
roads. Funds will be apportioned to States based on public road
lane mileage, population in other than urbanized areas, and
vehicle miles traveled on public roads. States will allocate
apportioned funds to projects that have the highest benefits to
highway safety. Funds can only be used for construction and
operational improvements on high-risk rural roads.
Sec. 1404. Transfers of apportionments to safety programs
Subsection (a) caps the amount of apportioned funds that
are required to be transferred from sections 104(b)(1), (2),
and (3) of title 23 to section 402 of title 23 in an amount
equivalent to 3 percent of what was apportioned to states in
fiscal year 2003. This transfer is required when States fail to
comply with section 153(a)(2) of title 23 (seatbelt use in the
front seat). It also caps the amount of obligation authority
the Secretary is required to transfer with the apportionment in
the preceding sentence.
Subsection (b) caps the amount of apportioned funds that
are required to be transferred from sections 104(b)(1), (3),
and (4) of title 23 to section 402 of title 23 in an amount
equivalent to 3 percent of what was apportioned to states in
fiscal year 2003. This transfer is required when States fail to
comply with section 154(b) of title 23 (open container laws).
It also caps the amount of obligation authority the secretary
is required to transfer with the apportionment in the preceding
sentence.
Subsection (c) caps the amount of apportioned funds that
are required to be transferred from sections 104(b)(1), (3),
and (4) of title 23 to section 402 of title 23 in an amount
equivalent to 3 percent of what was apportioned to states in
fiscal year 2003. The funds are to be used to carry out section
164(b)(1)(A) or (B). This transfer is required when States fail
to enact or enforce a repeat intoxicated driver law. It also
caps the amount of obligation authority the secretary is
required to transfer with the apportionment in the preceding
sentence.
Sec. 1405. Safety incentive grants for use of seat belts
Subsection (a) authorizes, in 2004, $112,000,000 for grants
to states that have met certain requirements with regards to
seatbelts.
Sec. 1406. Safety incentives to prevent operation of motor vehicles by
intoxicated persons
Subsection (a) codifies the penalty against states for not
enacting and enforcing a 0.08 drunk driving law. This penalty
was originally enacted in the 2001 DOT appropriations bill.
Subsection (b) authorizes, in 2004, $110,000,000 for grants
to states that have enacted 0.08 laws.
Subsection (c) repeals the appropriations language that
enacted the penalty in 2001.
Sec. 1407. Repeat offenders for driving while intoxicated
This section amends Section 164(a)(5)(A) of title 23 by
adding an alternative penalty that a person who is a repeat
offender can receive for a violation: a forty-five day
suspension of driving privileges followed by a reinstatement of
limited driving privileges to get to work, school or alcohol
treatment programs if an ignition interlock device is installed
on each motor vehicle owned or operated, or both, by the
individual.
Subtitle E--Construction and Contract Efficiencies
Sec. 1501. Design-build
Subsection (a) of this Section amends section 112 of title
23 with the intent of clarifying and improving the design-build
authority provided. During the rulemaking process for the
design-build regulation required by section 1307 of TEA 21,
which also amended 23 U.S.C. 112, FHWA received several
comments regarding the restrictive nature of the ``qualified
project'' definition with respect to the project cost
threshold. Approximately 85% of the design-build projects that
have been evaluated under the FHWA experimental contracting
program (Special Experimental Project No. 14 (SEP-14)--
Innovative Contracting) are too small to meet the definition of
``qualified project.'' Based on the Haw's experience with
design-build projects under SEP-14, there is no need to limit
design-build projects to those costing more than $5 million in
the case of a project that involves installation of an
intelligent transportation system and to those costing more
than $50 million in the case of any other project.
Subsection (b) similarly amends section 112 of title 23
making clear the parameters of the authority for the use of
project evaluation criteria. The section also makes clear that
this amendment does not disturb any other authority that the
Secretary has under current law or that is being carried out by
the Secretary as of the date of enactment.
Sec. 1502. Warranty Highway Construction Project Pilot Program
The Committee is aware that highway projects constructed of
advanced materials, and often utilizing innovative techniques
that also contain warranties of the constructed project's
expected performance can, over the life of the project mean
less cost to the state for maintenance, reconstruction and
rehabilitation, than a similar project not utilizing advanced
techniques and materials and not containing a warranty.
This pilot program is meant to take the experience of
states already utilizing warranty bid regimes and conduct a
pilot within the federal-aid program. The Committee expects
that the projects built under this authority will cost less
over their life to the taxpayer than non-warranted projects.
Sec. 1503. Private investment study
This section authorizes the national Academy of Sciences to
conduct a comprehensive study of private investment in surface
transportation infrastructure.
Sec. 1504. Highways for Life Pilot Program
The Committee intends with this pilot to incentivize the
use of innovative technologies and practices in the
construction of highways and bridges. The Committee expects
that safe, efficient highways and bridges can be built faster,
and with longer performance, if innovative practices and
technologies are better utilized. This pilot authorizes the
Secretary to allocate funds for projects deemed to satisfy the
requirements of the project. The project criteria is designed
to identify projects which utilize material and technique
innovationswhich will produce more quickly constructed, longer
lasting, high-quality and cost-effective projects.
Subtitle F--Finance
Sec. 1601. Transportation Infrastructure Finance and Innovation Act
This section makes programmatic changes to the TIFIA
program.
Subsection (a) makes technical changes to the definitions
Section 181 of title 23.
Subsection (b) amends the eligibility standards in Section
182 of title 23 to simplify the provision regarding statewide
and metropolitan planning requirements. This subsection also
decreases the minimum eligible project costs to $50,000,000 and
to $15,000,000 for ITS projects.
Subsection (c) makes technical changes to the project
selection section in Section 182 of title 23.
Subsection (d) makes technical changes to Section 183 of
Title 23. The change to section 183(a)(4) codifies a DOT
regulation that requires the project's senior obligations to
receive an investment-grade rating in order to execute a
secured loan agreement. The change to section 183(b)(2) ensures
that the amount of the TIFIA credit instrument may not exceed
that of the senior project obligations. The elimination of
section 183(c)(3) deletes the description of sources of
repayment funds because the subject is already covered in
section 183(b)(3).
Subsection (e)(1) makes changes to section 184(b)(3) to
ease the restrictions on funding draws on a line of credit in
order to help a borrower avoid a payment default. The changes
to section 184(b)(4) conform the interest rate setting
mechanism for the line of credit with that for secured loans.
The change to section 184(b)(5) has the same purpose as the
changes to sections 183(b)(3) and 182(a)(4).
Subsection (e)(2) makes changes to Section 184(c) to
clarify language regarding the scheduling of principal and
interest repayments. The elimination of section 184(c)(3)
deletes the description of sources of repayment funds because
the subject is already covered in section 184(b)(5)(A)(i).
The changes to sections 185(a), 185(b), and 185(c) in
subsection (f) clarify that the Secretary may establish fees to
cover the cost of servicing TIFIA credit instruments. The
change to section 185(d) clarifies that the program may retain
outside counsel to assist in the underwriting and servicing of
TIFIA credit instruments.
Subsection (g) sets the funding levels for the TIFIA
program, including administrative expenses and limitations on
credit amounts.
Sec. 1602. State infrastructure banks
Subsection (a) of this section codifies a state
infrastructure bank (SIB) program in Section 189 of title 23.
Subsection (a) of Section 189 provides definitions for the
SIBS program. Subsection (b) permits the Secretary to enter
into a cooperative agreement with a state for the establishment
of a SIB. Subsection (c) allows 2 or more States to enter into
a cooperative agreement with the Secretary to establish a
multi-state SIB. Subsection (d) establishes funding
requirements for SIBs, restricting the amount of federal
funding that a state can deposit in their highway, transit, and
rail SIB accounts. Subsection (e) establishes the forms of
assistance that a SIB can offer. Subsection (f) describes the
eligible projects that are allowed to be funded by the SIB.
Subsection (g) establishes the requirements that a State
must adhere to when establishing a SIB. Subsection (h) speaks
to the applicability of Federal law in the SIBs program.
Subsection (i) states that the United States is not obligated
by any commitment made by a state SIB. Subsection (k) limits
the amount of federal funds that can be used to administer the
state SIB to 2 percent of the federal funds contributed to the
SIB.
Subsection (b) (c) (d) and (e) of Section 1602 establishes
a new chapter 6 in title 23 for infrastructure finance.
Sec. 1603. Interstate System Reconstruction and Rehabilitation Toll
Pilot Program
Establishes an interstate system reconstruction and
rehabilitation pilot program similar to the one authorized in
TEA 21. The new program is limited to 3 facilities and requires
states to show that tolling is the most efficient and
economical way to finance the project. The previous program
required that states prove that tolling was the only way to
finance the interstate reconstruction or rehabilitation
project. The new program also requires that the state agency
collect tolls electronically and that the agency include a
program to permit low-income drivers to pay a reduced toll
amount.
Sec. 1604. Interstate System Construction Toll Pilot Program
Establishes a new pilot program for projects involving the
construction of new interstate facilities. The program is
limited to 3 facilities (multi-state corridor projects may be
considered as one facility) and states must show that tolling
is the most efficient and economical way to finance the
project. The new program also requires that the state agency
collect tolls electronically and that the agency include a
program to permit low-income drivers to pay a reduced toll
amount.
It is the Committee's intent that this program be used only
for the construction of new interstate facilities and that the
pilot program authorized in Section 1603 be used only for
rehabilitation and reconstruction of existing interstate
facilities.
Sec. 1605. Use of excess funds
This section allows states to audit projects funded with
apportionments under sections 104 and 144 of title 23 to
determine whether there are excess project funds. If the audit
reveals that there are excess funds, the state may develop a
plan for spending the apportionment for the design or
construction of other similar eligible projects. The state must
certify to the Secretary that an audit was conducted and has
developed a plan Excess funds used to carry out a project under
this section are subject to the requirements of this title that
are applicable to the program for which the funds were
originally apportioned.
Subtitle G--High Priority Projects
Sec. 1701. High Priority Projects Program
Updates the current high priority projects program to
reflect the funding and year-by-year allocations provided in
TEA LU.
Sec. 1702. Project authorizations
Lists the state, project description, and dollar amount for
each high priority project.
Subtitle H--Miscellaneous Provisions
Sec. 1801. Budget justification
This section requires the Department of Transportation and
each agency therein to submit to the Committee on
Transportation and Infrastructure a budget justification
concurrently with the President's annual Budget submission.
Sec. 1802. Motorist information
Repeals section 124 of title I of division F of the FY 2004
appropriations bill.
Sec. 1803. Motorist information concerning full service restaurants
Requires the Secretary to do a rulemaking to determine
whether or not to give priority to full service restaurants on
at least two of the panels for highway food service signs.
Sec. 1804. High priority corridors on the national highway system
Adds corridors to the high priority corridor list in ISTEA.
Sec. 1805. Additions to Appalachian region
Adds 12 counties to the jurisdiction of the Appalachian
Regional Commission.
Sec. 1806. Transportation assets and needs of Delta region
This section authorizes the Secretary of Transportation to
contract with the Delta Regional Authority (DRA) to conduct a
study on the Delta region's transportation assets and needs for
all modes of transportation, including passenger and freight
transportation. This section also directs the DRA to report on
the results of the study and establish a regional strategic
plan to implement the report's recommendations.
Sec. 1807. Toll facilities workplace safety study
This section directs the Secretary to conduct a study to
determine the safety of highway toll collection facilities for
toll collectors who work in and around such facilities. It
requires the Secretary to submit within 1 year a report on the
results of the study and recommendations for improving
workplace safety at toll facilities to the congressional
committees of jurisdiction.
Sec. 1808. Pavement marking systems demonstration projects
Directs the Secretary to conduct demonstration projects in
Alaska and Tennessee to study the impacts of increasing the
minimum width for pavement markings from 4 inches to 6 inches.
Sec. 1809. Work zone safety grants
Directs the Secretary to establish a work zone safety grant
program to provide training to prevent or reduce highway work
zone injuries and fatalities.
Sec. 1810. Grant program to prohibit racial profiling
This section establishes a new incentive grant program to
encourage states to enact and to enforce laws that prohibit the
use of racial profiling in the enforcement of traffic laws on
Federal-aid highways
Sec. 1811. America's Byways Resource Center
This section reauthorizes the America's Byways Resource
Center. The Byways Resource Center provides technical support
and conducts educational activities for the National Scenic
Byways program. Technical support and educational activities
shall provide local officials and organizations with proactive,
technical, and on-site customized assistance, including
training, communications (including a public awareness series),
publications, conferences, on-site meetings, and other
assistance considered appropriate to develop and sustain Scenic
Byways and All-American Roads.
Sec 1812. Technical adjustments
Sec. 1813. Road user charge evaluation pilot project
The issue of future financing of the Highway Trust Fund is
a critical one that the Congress must begin to address. The
Trust Fund is currently financed primarily through fuel excise
taxes and certain truck taxes. When the Trust Fund was
established in the 1950s, it was legitimate to have the gas tax
serve as a surrogate for road usage and be the basis for the
user-pays system of the federal highway program. But with the
advent of hybrid cars, alternative fuels, the potential for
fuel cell technology, increased fuel efficiency and other
technological developments, the relationship between the gas
tax and road usage is diminishing.
On July 16, 2002, the Subcommittee on Highways, Transit and
Pipelines held a hearing on this and related topics. Testimony
was received from representatives of the Public Policy Center
of the University of Iowa regarding research that was then in
progress, though now completed, to develop a new approach for
charging vehicles that travel on the public roads. A consortium
of the Federal Highway Administration and 15 State Departments
of Transportation funded the study. The purpose of the study
was to evaluate how intelligent transportation system
technology (GPS and on-board computers, smart cards and
collection centers) can be used to assess mileage-based road
user charges.
This section provides funding and authorization for the
Secretary to conduct a pilot project to test the technology and
feasibility of the system. It is contemplated that various cars
will be equipped with the technology in different regions of
the country with a diverse set of drivers. An important element
of the study is measuring the public acceptance of such a
system and to ensure that privacy concerns of drivers are met.
The finding of this study will provide useful information
as the Congress strives to identify a funding source that is
stable, accurate, fairer and more flexible than the current gas
tax.
Sec. 1814. Sense of Congress
This section expresses the sense of the Congress that, in
honor of his service to the Commonwealth of Massachusetts and
to the United States, and in recognition of his contributions
toward the construction of the Central Artery Tunnel project in
Boston, Massachusetts, the Central Artery Tunnel should be
designated as the ``Thomas P. `Tip' O'Neill, Jr. Tunnel''.
Sec. 1815. Conforming amendment for transportation planning sections
Section 1814 amends sections 134 and 135 of title 23,
United States Code to indicate that metropolitan and statewide
transportation planning programs funded under those sections
shall be carried out according to the provisions the unified
highway and transit planning chapter in chapter 52, title 49,
United States Code. (See Title VI of TEA LU.)
TITLE II--HIGHWAY SAFETY
Sec. 2001. Authorizations of appropriations
This section authorizes funds for the section 402 highway
safety grant program; highway safety research and development
under section 403; occupant protection incentive grants under
section 405; alcohol-impaired driving countermeasures incentive
grants under section 410; state traffic safety information
improvements under section 412; the national driver register;
and the high visibility enforcement program. The Secretary is
provided the flexibility to transfer any amounts remaining
available under the occupant protection incentive grant
program, the alcohol-impaired driving countermeasures program,
and the state traffic safety information system improvements
program to ensure, to the maximum extent possible, that each
state receives the maximum amount of incentive grants under
these programs for which the state is eligible.
Sec. 2002. Occupant protection incentive grants
This section extends the occupant protection incentive
grant program through the six-year term of the legislation. In
order to receive a grant, a state may have a seatbelt rate of
85 percent or greater or a state may comply by implementing at
least four of the six safety incentives under the program.
Sec. 2003. Alcohol-impaired driving countermeasures
This section extends the alcohol-impaired driving
countermeasures program over the six-year term of the
legislation with modifications to the grant requirements. The
criteria for eligibility under the Basic Grant A program is
expanded to permit a State that has an alcohol-related fatality
rate of 0.5 or less per 100 million vehicle miles traveled to
receive a grant. The criteria for eligibility for a Basic Grant
A is amended under the administrative license revocation
requirement to permit a state to allow a first time offender
who has had his or her license suspended to operate a motor
vehicle after a 15-day suspension period, to and from
employment, school, or an alcohol treatment program if an
ignition interlock device is installed on each of the motor
vehicles owned or operated, or both, by the individual.
Similarly, a state may allow a repeat offender who has had his
or her license suspended or revoked to operate a motor vehicle
after a 45-day suspension or revocation period, to and from
employment, school, or an alcohol treatment program if an
ignition interlock device is installed on each of the motor
vehicles owned or operated, or both, by the individual. Under
the Basic Grant A criteria, three new eligibility requirements
are added in lieu of the elimination of the young adult
drinking awareness program. The three new requirements are an
outreach program, a self-sustaining drunk driving prevention
program, and programs for effective inpatient and outpatient
alcohol rehabilitation based on mandatory assessment and
appropriate treatment for repeat offenders. The criteria for
the eligibility for a Basic Grant B is amended to permit a
state to receive a grant if its alcohol-related fatality rate
is 0.8 or more per 100 million vehicle miles traveled and the
state establishes a task force to evaluate and recommend
changes to the state's drunk driving programs. The supplemental
grant program is repealed.
Sec. 2004. State traffic safety information system improvements
This section authorizes a new state traffic safety
information system incentive grants program under a new section
412 to encourage states to adopt and to implement effective
safety data systems programs. The Secretary is required to
determine the model data elements necessary for the safety data
systems. To receive a grant, a state must comply with safety
data system requirements under this section and use the grant
only to implement such requirements.
Sec. 2005. High Visibility Enforcement Program
The Secretary is required to establish a program to support
national impaired driving mobilization and enforcement efforts
and national safety belt mobilization and enforcement efforts,
including the purchase of national paid advertisement to
support such efforts.
Sec. 2006. Motorcycle crash causation study
The Secretary is required to conduct a study of the causes
of motorcycle crashes and to submit a report to Congress on the
results of the study not later than 3 years after the date of
enactment of this legislation.
Sec. 2007. Child safety and booster seats
This section authorizes a child safety and child booster
seat incentive grant program for the benefit of states that
enact or enforce a law requiring that children riding in
passenger motor vehicles who are too large to be secured in a
child safety seat be secured in a child restraint that meets
the requirements prescribed by the Secretary under section 3 of
Anton's Law (116 Stat. 2772). States may use grants under this
section only to carry out child safety seat and child booster
seat programs, including education, training, enforcement, and
the purchase and distribution of child restraints to families
that cannot otherwise afford them. Each state to which a grant
is made under this section must transmit a report to the
Secretary indicating how the grant funds were expended and
identifying the specific programs supported by the grant.
Sec. 2008. Safety data
This section requires the Secretary to collect data and
compile statistics on accidents involving motor vehicles being
backed up that result in fatalities and injuries.
The Secretary is required to transmit a report to Congress
not later than January 1, 2009, on these accidents and any
recommendations regarding measures to be taken.
Sec. 2009. Motorcyclist safety
This section establishes a new motorcyclist advisory
council to advise the Federal Highway Administrator on
infrastructure issues that concern motorcyclists. This section
also establishes a motorcycle safety incentive grant program
for states that adopt and implement effective programs to
reduce the number of single- and multi-vehicle crashes
involving motorcycles.
Sec. 2010. Driver fatigue
This section adds driver fatigue to the list of safety
factors that must be included in state highway safety programs
in accordance with uniform guidelines promulgated by the
Secretary under section 402. The Committee wishes to
acknowledge the contribution of ``Maggie's Law'' to its
deliberations on this issue.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title; Amendments to title 49, United States Code
Title III of the bill is cited as the ``Federal Public
Transportation Act of 2004.'' All amendments in this title,
unless otherwise specified, are made to title 49 of the United
States Code.
Sec. 3002. Policies, findings, and purposes
This section and subsequent sections of the bill change the
terminology used to describe the federal transit programs,
which have grown far beyond the original mission and
orientation of ``urban renewal'' in the Federal Transit
Administration's organic statute, the Urban Mass Transportation
Act of 1964. Today, the federal transit programs also provide
vital transportation services to rural and other non-urban
constituencies. The title change and subsequent legislative
changes to chapter 53, title 49 United States Code in which the
terms ``mass transit'' or ``mass transportation'' are replaced
by ``public transportation'' reflect this evolution.
Sec. 3003. Definitions
This section includes amendments to section 5302 of title
49, United States Code that change definitions that apply
generally to all of chapter 53, except as otherwise
specifically provided. These changes include adding new
eligibilities for federal capital transit funding. Newly
eligible uses for these capital funds include: (1) acquiring,
constructing, relocating, and renovating intercity bus stations
and terminals; (2) crime prevention and security projects
(including security training for personnel and conducting
emergency response drills); (3) establishing a debt service
reserve fund for bond payments when such bonds are used for the
purpose of financing an eligible transit project; and (4)
mobility management activities and projects. Mobility
management activities and projects improve the coordination
among public transportation and other transportation service
providers through short-range planning and management
activities, such as buying computer software that matches
public transportation riders and non-emergency medical and
other human services clients to transportation services.
Directly providing public transportation services is not an
eligible capital expense under this definition.
Under current law, the terms ``mass transportation,''
``public transportation,'' and ``transit'' are interchangeable.
Under the changes made in this section, these three terms are
still synonymous. However, ``public transportation'' becomes
the principal defined term.
Sec. 3004. Metropolitan planning
This section amends sections 5303 and 5304 of title 49,
United States Code, which contain the metropolitan planning
process for federal transit funded programs under current law.
The Transportation Equity Act: a Legacy for Users consolidates
the current law metropolitan planning provisions under sections
5303 and 5304 of title 49 and under sections 134 of title 23
into a unified planning title for both transit and highways
under chapter 52 of title 49. For ease of reference, section
5303 of title 49 is amended to reflect that grants made under
sections 5307-5311, 5316 and 5317 are to be carried out in
accordance with chapter 52. See Title VI of the bill, which
contains the planning provisions.
Subsection 5303(b) as amended in this section requires the
Secretary to certify that metropolitan planning organizations
in transportation management areas (urbanized areas of more
than 200,000 in population) comply with all planning and other
applicable requirements in law in their transportation planning
activities. In section 5306(a) (which is not amended), transit
grant recipients are directed to encourage to the maximum
extent feasible private enterprise participation in transit
plans and programs. However, the Secretary may not withhold
certification of a transit grantee's plans based on private
enterprise participation. This is a standing limitation in
existing law under section 5305(e)(3).
Sec. 3005. Statewide planning
The Transportation Equity Act: a Legacy for Users
consolidates the metropolitan and statewide planning provisions
currently under title 23 and chapter 53, title 49 into a
unified planning title for both transit and highways under
chapter 52 of title 49. For ease of reference, section 5304 of
title 49 is amended to reflect that grants made under sections
5307-5311, 5316 and 5317 are to be carried out in accordance
with chapter 52. Under current law (section 5323(l)), statewide
transit planning was subject to statewide highway planning
processes outlined in section 135 of title 23. See Title VI of
the bill, which contains the planning provisions.
Sec. 3006. Planning programs
Metropolitan planning and statewide planning funding
provisions contained in current law sections 5303(g) and
5313(b) are moved into a unified section on planning programs
as the amended section 5305 of title 49. The current law
section 5305 pertains to metropolitan planning requirements for
transportation management areas, which is included in the
unified metropolitan planning sections of chapter 52.
Subsections 5305(a), (b) and (c) establish the general
planning grant authority and purposes. Subsection (d) describes
the metropolitan planning grant apportionment process.
Subsection (e) describes the state planning and research grant
apportionment process. Subsection (f) sets the Government's
share of planning grant activity costs at 80 percent.
Subsection (g) describes the allocation of planning funds made
available under funding authorization section 5338(c) between
metropolitan planning and statewide planning, using the same
percentages set in current law section 5338(c)(2)(C) (82.78
percent for metropolitan planning and 17.28 percent for state
planning and research). In subsection (h), funds remain
available for three years after the fiscal year in which the
funds are authorized, the same period of availability as under
current law.
Sec. 3007. Private enterprise participation
This section title has been shortened to more clearly
reflect the provisions within. The text of section 5306 of
title 49, United States Code is not amended.
Sec. 3008. Urbanized area formula grants
This section amends section 5307 of title 49, United States
Code, which contains provisions governing theeligibility and
procedures for urbanized area formula grants to transit providers in
areas of 50,000 and more in population. Two existing law subsections
are deleted. Subsection 5307(h) is deleted as a technical cleanup,
because streamlined administrative procedures for track and signal
equipment certification have already been promulgated as directed in
the subsection. Subsection 5307(k) regarding transit enhancement
activities is also deleted, but the requirement that one percent of
urbanized area formula grant funds for recipients in areas of over
200,000 be spent on enhancement activities is retained, and added to
the list of grant recipient requirements in subsection 5307(d)(1).
Treating the one percent enhancement requirement as a grant recipient
requirement rather than a set-aside relieves the Federal Transit
Administration (FTA) from making separate one percent apportionments
for transit enhancements activities.
Subsection 5307(b) is amended in paragraph (1) by restating
the general authority for urbanized area formula grants in a
list format. There is no change to the existing law authority
to make grants for: capital projects and associated capital
maintenance items; planning; transit enhancements; and, in
areas with a population of less than 200,000, operating
expenses. In paragraph (2), the existing extension of operating
flexibility in urbanized areas that were less than 200,000
under the 1990 Census, but increased to more than 200,000 in
the 2000 Census, is further extended through the end of fiscal
year 2005.
Currently under subsection 5307(d), recipients are required
to certify that they have the legal, financial, and technical
capacity to carry out the program of projects for which they
are applying as an urbanized area formula grant. This is
amended in subparagraph (d)(1)(A) to additionally require that
recipients certify such legal, financial, and technical
capacity for the safety and security aspects of their program
of projects. Subsection 5307(d) is also amended, as discussed
above, by adding the requirement that grantees in urbanized
areas over 200,000 in population certify that one percent of
each grant amount is spent on enhancement activities.
Subsection 5307(e) regarding the Government's share of
costs is amended by deleting the 1985 baseline limitation on
local match revenues resulting from the sale of advertising or
concessions. Additionally, recipients are authorized to use
amounts received under service agreements with a State, local
social service agency, or private social service organizations
as local match. This creates an incentive to transit agencies
to better coordinate transportation services with human service
agencies that provide transportation services.
Section 5307(i) is redesignated as section 5307(h) and
amended to give the Secretary discretion to require annual
audits rather than mandate them. There remains in place an
audit requirement pursuant to the Single Audit Act, which
requires an annual audit of all Federal grantees receiving
grants exceeding $300,000, which constitutes about 83 percent
of all section 5307 grants. Auditing smaller grants would be
discretionary, based on the FTA's annual risk assessment
process.
Subsection 5307(l) as redesignated, relationship to other
laws, strikes subparagraph (1) and moves the provision
contained therein to the General Provisions on Assistance in
section 5323, to make the prohibition on making false or
fraudulent statements to the Government (18 U.S.C. section
1001) applicable to any Federal public transportation grant
program. The existing law paragraph (2) regarding the other
sections of title 49 that apply to the Urbanized Area Formula
Grants program is retained and redesignated as paragraph (1). A
new paragraph (2) is added that exempts non-supervisory transit
employees from the Hatch Act limitations, if the Hatch Act
applies only because the employees' salaries are funded through
Federal grants under this section. This exemption will apply
only to employees in urbanized areas under 200,000 in
population, where up to 50 percent of the net project cost may
be derived from Federal grant funds. This codifies existing
Federal transit law, although the provision does not otherwise
appear in title 49 because of a codification error in Public
Law 103-272, which revised and codified without substantive
change certain general and permanent laws related to
transportation. The provision is identical to section 142(g) of
title 23, regarding non-supervisory employees of urban mass
transportation systems receiving funds under the Federal-aid
highway program.
Subsection 3008(h) adds a new subsection 5307(m) regarding
the treatment of the United States Virgin Islands, which shall
be treated as an urbanized area for the purposes of
apportionments under section 5307.
Sec. 3009. Clean fuels Formula Grant Program
Section 3009 amends section 5308 of title 49, United States
Code, regarding the clean fuels formula grant bus procurement
program. Funds are apportioned to recipients in urbanized areas
that are designated as nonattainment areas for ozone or carbon
monoxide under section 107(d) of the Clean Air Act or are
maintenance areas for ozone or carbon monoxide. These grant
funds can be used to purchase or lease clean fuel buses,
construct or lease facilities supporting such clean fuel buses,
and improve existing facilities to accommodate clean fuel
buses. Clean fuel buses include those powered by clean diesel,
compressed natural gas, liquefied natural gas, biodiesel fuels,
batteries, alcohol-based fuels, hybrid electric power systems,
fuel cells, or other low or zero emission technologies. Not
more than 35 percent of the funds made available under the
clean fuels formula grant program may be used for clean diesel
bus technology. The apportionment formula is weighted such that
two-thirds of the funds go to recipients serving urbanized
areas with a population of 1,000,000 or more and one-third of
the funds go to recipients serving urbanized areas of less than
1,000,000. The formula is also weighted by the severity of
nonattainment in the urbanized area being served.
The grant requirements of section 5307 apply to the clean
fuels formula grant program. The Federal share for the clean
fuels formula grant program may be increased in accordance with
section 5323(i), which allows a 90 percent Federal share of the
net project cost of equipment that is attributable to
compliance with the Clean Air Act.
Funds made available under the clean fuels formula grants
program remain available for one year after the fiscal year in
which the amounts are made available, a total of two years.
Funds that remain available after this period are added to the
amount to be made available for the program in the next fiscal
year.
The Committee intends that the Secretary shall encourage
recipients of clean fuels formula grants to adequately invest
in infrastructure facilities to accommodate the needs of these
alternatively fueled vehicles.
Sec. 3010. Capital investment grants
This section amends section 5309 of title 49, United States
Code, which authorizes capital investment grants for new fixed
guideway capital projects (``new starts''), fixed guideway
modernization (``rail modernization''), and bus and bus-related
facilities. All references in the current law section heading
and text to ``capital investment loans'' are deleted from
section 5309 since, historically, only capital investment
grants have been awarded pursuant to this section. Two existing
law subsections are deleted. Subsection 5309(b), which deals
with loans for real property interests, is struck because the
authority to use Federal transit grants under this section for
real property loans has not been utilized and is being
eliminated. Subsection 5309(c) is reserved under current law,
and is deleted as a technical cleanup. The existing subsection
5309(d) is moved to subsection (b), and requires that projects
funded under this section be part of an approved program of
projects that has gone through the planning process outlined in
section 5303-5306, have the legal, financial, and technical
capacity to carry out the project, and have the capability to
maintain satisfactory continuing control and maintenance of the
equipment and facilities associated with the project.
Subsection (b) (as redesignated) is further amended by striking
the reference to capital loans.
The remaining subsections (e) through (p) of section 5309
are deleted and rewritten as the new subsections (c) through
(n), with some organizational changes and the addition of one
new program, capital investment grants of less than $75 million
(``small starts'').
Subsection 5309(c), concerning major capital investment
grants of $75 million or more includes the new starts program
requirements and FTA evaluation and rating criteria found in
current law subsection 5309(e). The term describing all new
starts and small starts projects is changed from the current
law ``capital project for a new fixed guideway system or
extension of an existing fixed guideway system'' to ``new fixed
guideway capital project'' for the sake of brevity. The new
term is defined in subsection (n) as a minimum operable segment
of a capital project for a new fixed guideway system or
extension to an existing fixed guideway system, which is the
same definition for new starts projects as under current law
subsection 5309(p). Subsection 5309(c) pertains only to those
new fixed guideway capital projects that will require $75
million or more of Federal assistance provided under the
authority of Section 5309. Such projects are defined as
``major'' new starts as opposed to small starts, which involve
less than $75 million in such funds and are authorized under
subsection (d).
Major new starts projects must be carried out through a
full funding grant agreement with the Secretary. Projects must
be authorized for final design and construction to enter into a
full funding grant agreement. (New starts project
authorizations are contained in section 3037 of the bill.) The
full funding grant agreement is based upon the evaluations and
ratings required under subsection 5309(c). The baseline
requirements for a project to secure a grant under this
subsection is that the project proposal must be based on the
results of alternatives analysis and preliminary engineering;
justified based on a comprehensive review of the project's
benefits; and supported by an acceptable degree of local
financial commitment. The project justification and local
financial commitment evaluation criteria are outlined in detail
in subparagraphs (c)(3)(A)-(D), consistent with the current law
criteria found in subsection 5309(e)(2)-(4). In assessing the
local financial commitment for a new starts project, the FTA is
authorized to consider the extent to which the project sponsor
has overmatched the statutory local match requirement of 20
percent. However, the authority to consider a higher local
match as part of the assessment of a project's local financial
commitment does not allow the Secretary to require a higher
local match than 20 percent.
Proposed new starts projects under subsection (c) are
authorized to advance from alternatives analysis to preliminary
engineering, and from preliminary engineering to final design
and construction, if the Secretary finds that the project meets
the requirements of this section. In making these findings, the
Secretary is directed to evaluate and rate the project as
``highly recommended'', ``recommended'', or ``not
recommended'', based on the results of alternatives analysis,
the project justification criteria, and local financial
commitment.
Subsection 5309(d) regarding capital investment grants of
less than $75 million authorizes a new program under Capital
Investment Grants. These ``small starts'' fall into two
subcategories--those involving between $25 million and $75
million in funds under section 5309, and those that are less
than $25 million. New fixed guideway capital projects with a
section 5309 Federal share of less than $25 million are not
subject to the requirements of this subsection regarding
project evaluation and rating and do not enter into a long-term
financial contract with the Secretary (called a ``project
construction grant agreement'' in the small starts program).
The small starts program is based on the new starts program
requirements, evaluation and rating procedures, but is
streamlined to reflect the lower cost and less complex nature
of projects funded under this subsection.
Project justifications for the small starts program are
based on five criteria: consistency with local land use
policies and likelihood to achieve local developmental goals;
cost effectiveness of the project at the time revenue service
is initiated; degree of positive impact on local economic
development; reliability of cost and ridership forecasts; and
other factors the Secretary considers appropriate to carry out
this subsection. The Secretary is also required to analyze and
consider the results of planning and the alternatives analysis
for the project. In the small starts program, emphasis has been
placed on supporting local land use and development and
encouraging local economic development. The small starts local
financial commitment evaluation is a streamlined version of the
new starts financial evaluation process. The Secretary is
directed to require that each proposed local source of capital
and operating financing is stable, reliable, and available
within the proposed project timetable, and that there be an
acceptable degree of local financial commitment. This provision
gives the Secretary the authority to consider a higher local
match as part of the assessment of a project's local financial
commitment, but does not allow the Secretary to require a
higher local match than 20 percent.
The project development process is also simplified. The new
starts project development process involves four discrete
steps: (1) planning and alternatives analysis, (2) preliminary
engineering, (3) final design, and (4) entering into a full
funding grant agreement and construction. The small starts
program involves three steps: (1) planning and alternatives
analysis, (2) project development, and (3) entering into a
project construction grant agreement and construction. Small
starts projects may advance from planning and alternatives
analysis to project development and construction only after the
Secretary finds that the project meets the requirements of this
subsection and the local metropolitan planning organization
adopts the locally preferred alternative into its long-range
transportation plan. Small starts projects are evaluated based
on project justification criteria and local financial
commitment and are rated as ``recommended'' or ``not
recommended'' based on the results of the FTA's analysis. Only
small starts projects that are authorized for construction and
rated ``recommended'' may enter into a project construction
grant agreement.
Another important difference between the new starts program
and the small starts program is that, under the small starts
program, fixed guideway capital projects have a broader
definition that includes corridor-based public transportation
bus projects if the majority of the project's right-of-way is
dedicated alignment. However, the program is written to be
``mode neutral''--any fixed guideway capital project fitting
the broader definition under small starts is eligible to be
funded under this category if it is less than $75 million in
section 5309 Federal funds, whether it is a bus rapid transit
project, a streetcar or trolley project, commuter rail, or
light rail. However, all small starts projects must be included
under the new starts authorization list in section 3037 of this
bill to receive funds in subsequent appropriations bills within
this authorization period.
All new starts projects that are currently approved for
final design that fall under the $75 million threshold shall
continue to be treated as major new fixed guideway capital
projects, to avoid a duplicative review and evaluation process.
The FTA is directed to promulgate regulations establishing the
evaluation and rating process for the small starts program
within 120 days after the enactment of this Act.
In subsection 5309(e), projects for which the FTA has
previously issued letters of intent and full funding grant
agreements before the date of enactment are exempted from any
new program requirements under subsections (c) or (d).
Subsection 5309(f) describes three federal financing
mechanisms that can be used to support new fixed guideway
capital projects funded under this section: letters of intent,
full funding grant agreements, and early systems work
agreements. These provisions are identical to those found in
subsection 5309(g) under existing law. Subsection 5309(f)(4)
addresses the issue of contingent commitment authority for
major new starts and for small starts. Contingent commitment
authority enables the Secretary to commit Federal funds in a
full funding grant agreement or project construction grant
agreement that extends beyond the end of the authorization
period. The total amount the Secretary can commit is limited.
For full funding grant agreements with major new starts
projects, the total amount covered by all outstanding full
funding grant agreements may not be more than the greater of
the amount authorized for new starts for the 6-year life of the
authorization, plus an amount equivalent to the last 3 fiscal
years of the funding allocated for new starts under the
authorization. For project construction grant agreements, the
limitation extends only one fiscal year beyond the total 6-year
life of the authorization. In subsection 5309(f)(5), the
Secretary is directed to notify, in writing, the House
Committee on Transportation and Infrastructure and the Senate
Committee on Banking, Housing, and Urban Affairs before issuing
a full funding grant agreement or project construction grant
agreement, which allows the authorizing committees to review
each long-term federal financing commitment before it is
executed by the Secretary.
Subsection 5309(g) outlines the Government's share of the
net project cost for all projects authorized under section
5309. The Administration had proposed to decrease the
Government's share for new start projects to 50 percent. The
Committee has rejected this proposal, and retains the provision
under subsection 5309(h) in current law that the Federal share
for a project shall be 80 percent, unless the grant recipient
requests a lower grant percentage. New language is included
clarifying that nothing in section 5309, including the language
that specifically directs the FTA to consider in its evaluation
of a project the extent to which a project has a higher local
match than required by law, shall be construed as authorizing
the Secretary to require a local match higher than 20 percent
of the net capital project cost.
Subsection 5309(i) directs the Secretary to submit an
annual new starts report to the House and Senate authorizing
committees on the first Monday in February, which includes the
Administration's funding proposals for new starts projects in
the coming fiscal year, and evaluations and ratings for all new
starts projects authorized in section 3037 of this Act. The
current law requirement under subsection 5309(o)(2) regarding
an August supplemental report is deleted. The Committee directs
that the FTA shall forward letter updates to the House and
Senate authorizing committees when a project advances to
preliminary engineering or to final design after the
publication of the annual new startsreport. In subsection
5309(i)(2), the U.S. General Accounting Office is directed to conduct
an annual review of FTA's processes and procedures for evaluating,
rating, and recommending new starts projects and how the agency
implements such processes and procedures. This review shall be
submitted to the Congress by May 31 of each year.
Subsection 5309(k), regarding bus and bus facility grants,
amends the existing law language under subsection 5309(m)(3).
The current language regarding consideration of the age of
buses, bus fleets, related equipment, and bus-related
facilities when making grants is retained. Current law
provisions that set aside funds for the bus testing facility in
Altoona, Pennsylvania and for the section 5308 Clean Fuels
formula program are deleted, as both these programs are now
funded as set-asides from formula grants.
Subsection 5309(l) is a new provision making bus and bus
facilities and new starts grant funds available for three
fiscal years (including the year in which the amount is made
available or appropriated). Funds that remain unobligated after
three years shall be deobligated and may be used by the
Secretary for any purpose under this section.
Subsection 5309(m) directs the allocation of amounts made
available for programs authorized under section 5309. The
existing formula of 40 percent for new starts, 40 percent for
rail modernization, and 20 percent for bus and bus facilities
is retained, after the funding levels authorized for small
starts are set aside from the total amount made available for
section 5309 programs. Subsection 5309(m)(1) makes allocations
for fiscal year 2004, using the current law practice of split
funding each Federal transit program with 80 percent funding
from the Mass Transit Account of the Highway Trust Fund and 20
percent funding from the general fund of the U.S. Treasury. For
fiscal years 2005-2009, the financing of Federal transit
programs is changed to eliminate the practice of split funding
accounts, though the overall 80:20 ratio of trust funds to
general funds for all Federal transit programs is retained.
Therefore, subsection 5309(m)(2) makes allocations for fiscal
years 2005-2009 from two different subsections of section 5338,
which contains all Federal transit program apportionments.
Subsection 5338(g) makes funds available for the rail
modernization and bus and bus facilities programs from the Mass
Transit Account. Subsection 5338(h) makes funds available for
the new starts and the small starts programs from the general
fund. The current law set-aside of $10.4 million a year for
ferry boats and ferry terminal facilities in Alaska or Hawaii
is retained. A provision is added establishing a new set-aside
for the national fuel cell bus technology development program,
authorized in section 3039 of the bill.
Sec. 3011. Formula grants for special needs of elderly individuals and
individuals with disabilities
This section amends section 5310 of title 49, United States
Code, which authorizes formula grants to States for public
transportation projects and services that meet the special
needs of elderly and disabled individuals. The definition of
grant recipient is amended in paragraph 5310(a)(2) by adding a
definition for subrecipients, which is consistent with current
practice. Section 5310 elderly and disabled formula grants are
apportioned to the States and territories, whereupon a State
may then allocate grant funds to: private nonprofit
organizations if no public transportation service for these
special needs is available, or if the available service is
insufficient or inappropriate; or to governmental authorities
that are approved by the State to coordinate services or that
certify there are not any nonprofits organizations readily
available to provide the transportation services. In paragraph
5310(a)(3) and consistent with existing law under section
5310(d), acquiring public transportation services is treated as
a capital expense under this section. In paragraph 5310(a)(4),
a 10-percent limitation is included on the amount of a State's
grant funds that may be used for recipient or for subrecipient
administrative expenses and technical assistance. This codifies
current FTA administrative practice.
Subsection 5310(b) describes the apportionment and transfer
processes, which follows current law, except that an adjustment
is made to the apportionment formula for particularly low
density States. Before the standard formula is run, which
apportions funds based on the total number of elderly persons
and persons with disabilities in a State to the total U.S.
population of elderly and disabled, States with a population
density of 10 persons or fewer per square mile have their
elderly and disabled population number adjusted upward by a
factor of 2; States with a population density of between 10 and
30 persons per square mile have their elderly and disabled
population numbers adjusted upward by a factor of 1.25. In low
density States, providing essential public transportation is
particularly challenging, especially to special needs
populations, because of the distances involved. When providing
services over these long distances, operating costs are higher
and farebox recovery is lower. This formula adjustment may
enable low density States to continue providing essential
public transportation services to a sector of the population
that is particularly dependent on transit--the elderly and
disabled. The provision regarding transfers of unobligated
grant funds is identical to current law, and allows funds that
may lapse under the one year availability to be transferred to
other elderly and disabled transportation services in the State
that are funded under sections 5307 or 5311.
Subsection (c) amends current law regarding the
Government's share of costs. The current Federal match of 80
percent for capital projects is retained. Operating expenses
are also made eligible for section 5310 elderly and disabled
grant funding, limited to 50 percent of net operating costs.
Two new sources of local match funding are authorized: proceeds
from a service agreement with a State, local social service
agency, or private social service organization; and other
Federal funds from non-Department of Transportation agencies
that can be expended for transportation (e.g., Temporary
Assistance for Needy Families, Medicaid, job training program
funds, or Welfare to Work grants). Using these related human
service grants funds as a local match for transit projects
leverages the Federal investment and increases coordination
among Federal agencies that provide transportation services.
Subsection (d) regarding grant requirements changes the
general applicability of requirements for the elderly and
disabled grant program from current law, which ties the program
to section 5309, to the requirements under section 5307, to the
extent the Secretary considers appropriate. A new requirement
is added that the State must certify that projects funded under
this section are derived from coordinated public transit-human
services transportation plans with public input. The current
law requirement that the State certify allocations of funds
were made on a fair and equitable basis is retained.
Subsection (e) repeats the current law provision in
subsection 5310(c) regarding use of program funds for projects
included in a State program of projects that has been submitted
annually to the Secretary for approval, and that provides for
the maximum feasible coordination of transportation services.
Subsection (f) allows vehicles acquired under this section
to be leased to local governments to improve elderly and
disabled transportation services (as under current law
subsection 5310(g)). The remaining subsections 5310(h), (i) and
(j) are redesignated as (g), (h) and (i) to follow.
Sec. 3012. Formula grants for other than urbanized areas
This section amends section 5311 of title 49, United States
Code, regarding the apportionment of formula grant funds for
non-urbanized areas. Subsection (a) amends the definition
provisions under section 5311(a) to define an eligible
recipient and sub-recipient of other than urbanized area funds.
Subsection (b) amends the general authority provisions that
allow other than urbanized areas to use formula grant funds for
capital transportation projects, or operating assistance
projects (including the acquisition of transportation services)
provided the projects are contained in a state program of
public transportation service projects. Under subsection
5311(b)(3), the rural transportation assistance program (RTAP),
a national technical assistance, training and support program
for rural public transportation providers, is funded with a 2
percent set-aside of the section 5311 grant funds. From the
amounts made available for the RTAP activities, up to 15
percent may be used by the Secretary to carry out projects of a
national scope to sustain ongoing national activities. Under
current law, the RTAP is funded out of the Research program.
Subsection 5311(c) describes the apportionment process,
which follows current law, except that an adjustment is made to
the apportionment formula for particularly low density States.
Before the standard formula is run, which apportions funds
based on the total population in nonurbanized areas in a State
to the total U.S. population in nonurbanized areas, States with
a population density of 10 persons or fewer per nonurbanized
square mile have their population number adjusted upward by a
factor of 1.5; States with a population density of between 10
and 12 persons per nonurbanized square mile have their
population numbers adjusted upward by a factor of 1.25. In low
density States, providing essential public transportation is
particularly challenging because of the distances involved.
When providing services over these long distances, operating
costs are higher and farebox recovery is lower. This formula
adjustment may enable low density States to provide essential
public transportation services by establishing a level of
funding that will support a baseline program. Funds remain
available for two years after the fiscal year in which the
amount is apportioned, consistent with current law.
In subsection (e), an amendment is made to 5311(f) that
requires States to consult with affected intercity bus service
providers before certifying to the Secretary that intercity bus
service needs of the State are being adequately met without
making the 15 percent allocation of funds to such services.
Such consultation would help ensure the state's awareness of
any intercity bus service needs.
Subsection (f) amends section 5311(g) to retain the
existing Federal share for any capital project at 80 percent or
less of the net project cost, as determined by the Secretary;
except the Federal share may be increased up to 95 percent in
states containing a significant percentage of nontaxable Indian
lands, individual and tribal lands, public domain lands,
national forests, and national parks and monuments. The
increased Federal share is the same as provided under section
120(b)(1) of title 23, U.S.C. Also retained is the Federal
share for operating assistance at 50 percent or less of the net
costs of an operating project, as determined by the Secretary.
The remainder of the net project costs may be provided from a
number of different sources, including amounts appropriated to
or made available to a department or agency of the Federal
government, other than the Department of Transportation (e.g.,
Temporary Assistance for Needy Families, Medicaid, job training
program funds, or Welfare to Work grants). Using these related
human service grants funds as a local match for transit
projects leverages the Federal investment and increases
coordination among Federal agencies that provide transportation
services.
Subsection (g) strikes section 5311(h) relating to
operating assistance because operating assistance eligibility
is included under the General Authority provisions at
subsection (b).
Subsection (h) corrects the title to Chapter Analysis.
Sec. 3013. Research, development, demonstration, and deployment
projects
Currently, section 5312 of title 49, United States Code
does not address deployment of emerging technologies, and
inappropriately includes training provisions. As amended,
section 5312 would authorize research, development,
demonstration, and deployment projects, and would move the
training provisions in subsections (b) and (c) to section 5322
(Human Resource Program). Under this subsection, the terms
``other transactions'' is included and is used to replace the
terms ``other agreements'' to provide the Federal government
with discretion to enter into project agreements under terms
that would encourage private parties to participate in
Federally assisted projects. Subsection 5312(a) is further
amended to eliminate outdated references to the Secretary of
Housing and Urban Development. All references to ``urban''
transportation are eliminated to clarify that all
transportation is public transportation in both urban and rural
areas. Mass transportation and public transportation have the
same meaning under the transit programs. This subsection also
contains a series of clarifying and conforming amendments.
Sec. 3014. Cooperative Research Program
Amendments made to section 5313 of title 49, United States
Code provide the correct authorization citation for the
research programs and moves subsection (b) to the state
planning section under Chapter 52 of title 49.
Sec. 3015. National research and technology programs
Section 5314 of title 49, United States Code is amended to
delete the word ``Planning'' inthe heading because the focus of
the section is on research and to include ``Technology'' in the heading
to reflect the activities carried out under this subsection. Other
amendments under this subsection correct the funding authorization
citations and eliminate references to the planning sections of the
title. The Secretary is required to continue to make funds available to
help public transportation providers comply with the Americans With
Disabilities Act of 1990. Under this section, the term ``other
transactions'' is included to provide the Federal government with
discretion to enter into project agreements under terms that encourage
private parties to participate in federally assisted projects. The
Industry Technical Panel composed of transportation suppliers and
others involved in technology development is eliminated because the
panel is no longer needed. The Federal Transit Administration has
established an ongoing working relationship with all facets of the
transit industry.
Sec. 3016. National Transit Institute
Section 5315 of title 49, United States Code is amended by
striking references to mass transportation because public
transportation is defined to mean mass transportation under the
transit program.
Sec. 3017. Job access and reverse commute formula grants
This section codifies the Job Access And Reverse Commute
(JARC) program authorized under section 3037 of the
Transportation Equity Act for the 21st Century. The program was
established to assist welfare recipients and low-income
individuals in getting to and from jobs. Under the proposed
codified provisions of section 5316, subsection (a) applies
definitions for eligible projects, low-income individuals,
recipients, reverse commute projects, subrecipients, and
welfare recipients.
As proposed in subsection (b), the Secretary would make
grants for access to jobs and reverse commute projects to be
carried out by the recipient or a subrecipient. A recipient
would be permitted to use up to 15 percent of the amount it
receives under this section to administer, plan, and provide
technical assistance.
Subsection (c) proposes a formula for JARC funds that
apportions 60 percent of the funds to designated recipients in
urbanized areas with a population of 200,000 or more in a ratio
reflecting the number of eligible low-income and welfare
recipients in each urbanized area with a population of 200,000
or more; 20 percent of the funds are apportioned among the
states in a ratio reflecting the number of eligible low-income
and welfare recipients in urbanized areas with populations of
less than 200,000 in each state; and 20 percent of the funds
are apportioned among states in a ratio reflecting the number
of low-income individuals and welfare recipients in other than
urbanized areas in each state.
The funds must be used for eligible projects in the
designated areas, except funds made available in urbanized
areas with populations less than 200,000 and nonurbanized areas
may be transferred for projects anywhere in the state if the
state has established a statewide program for meeting the
objectives of this section and the Governor of the state
certifies that all of the objectives of this section are being
met in the specific area. The recipient of JARC funds in an
urbanized area with a population of 200,000 or more must
conduct a competitive process for an areawide solicitation for
applications for grants to the recipients and subrecipients.
Statewide solicitations must be conducted in urbanized areas of
less than 200,000 and in nonurbanized areas for applications
for grants to the recipients and subrecipients. All grants
shall be awarded on a competitive basis.
After consulting with responsible local public
transportation officials and publicly owned operators of
transportation in each area JARC funds were originally awarded,
a state may transfer funds apportioned for urbanized areas with
a population of less than 200,000 and for nonurbanized areas to
section 5311(c) or 5336, or both. Any funds transferred must be
made available only for eligible JARC projects.
A JARC grant is subject to section 5307 formula grant
requirements and a recipient of a grant must certify to the
Secretary that allocations of the grant to subrecipients are
distributed on a fair and equitable basis. The Federal share
for capital projects may not exceed 80 percent of the net
capital cost and for operating assistance the Federal share may
not exceed 50 percent of the net operating costs. The non-
Federal share may be provided from a variety of sources,
including other Federal funds (other than from the Department
of Transportation). Funds made available through the Social
Security Act may also be used for the remainder of the cost of
the project.
The Comptroller General is required to conduct a study to
evaluate the JARC grant program and transmit the results to the
Congress. The study must begin within one year after the
enactment of the Federal Transportation Act of 2004, and every
two years thereafter. Not later than three years after the date
of enactment of this section, the Secretary must conduct a
study to evaluate the effectiveness of recipients making grants
to subrecipients and transmit the report to Congress.
Sec. 3018. New Freedom Program
This section authorizes a new program to address the
transportation needs of persons with disabilities at all income
levels. The Secretary would make grants to a recipient for new
transportation services and public transportation alternatives
beyond the Americans With Disabilities Act of 1990 (ADA) to
assist individuals with disabilities with transportation needs.
With the passage of the ADA, it has become a civil rights
violation to deny access to persons with disabilities to public
transportation. The New Freedom formula grant program was
proposed by the administration and has been included in this
legislation to provide additional tools to overcome existing
barriers facing Americans with disabilities seeking integration
into the work force and full participation in society. Lack of
adequate transportation is a primary barrier to work for people
with disabilities. The 2000 Census showed that only 60 percent
of people between the ages of 16 and 64 with disabilities are
employed. The New Freedom formula grant program will expand the
transportation mobility options available to persons with
disabilities beyond the requirements of the ADA. Examples of
projects and activities that might be funded under the program
include, but are not limited to:
Purchasing vehicles and supporting accessible
taxi, ride-sharing, and vanpooling programs.
Providing paratransit services beyond minimum
requirements (3/4 mile to either side of a fixed route),
including for routes that run seasonally.
Making accessibility improvements to transit and
intermodal stations not designated as key stations.
Supporting voucher programs for transportation
services offered by human service providers.
Supporting volunteer driver and aide programs.
Supporting mobility management and coordination
programs among public transportation providers and other human
service agencies providing transportation.
A state may use up to 10 percent of the amount it receives
under this section to administer, plan, and provide technical
assistance. Funds would be apportioned based on a formula that
apportions 60 percent of the funds to designated recipients in
urbanized areas with a population of 200,000 or more in a ratio
reflecting the number of individuals with disabilities in each
such urbanized area; 20 percent of the funds are apportioned
among the states in a ratio reflecting the number of
individuals with disabilities in urbanized areas with a
population of less than 200,000; and 20 percent of the funds
are apportioned among the states in a ratio reflecting the
number of individuals with disabilities in nonurbanized areas
in each state.
The funds made available must be used for projects serving
the areas for which the funds are apportioned for eligible
projects. The formula provides an adjustment for low densely
populated areas to increase the amounts made available to
assist in meeting the areas transportation needs. For small
urbanized areas with a population of less than 200,000 and a
population density of 10 persons per square mile or fewer,
their population is multiplied by a factor of 2. For small
urbanized areas with a population of 200,000 or less and a
population density of 10 but equal to or fewer than 30 persons
per square mile, the Secretary shall multiply their population
by a factor of 1.25. The low density adjustment for other than
urbanized areas with a density of 10 persons per square mile or
fewer, the Secretary shall multiply their population by a
factor of 1.5. For nonurbanized areas with a population density
of more than 10 but equal to or fewer than 12 persons per
square mile, the Secretary shall multiply their population by a
factor of 1.25.
A state may transfer the amounts apportioned for small
urbanized areas and for nonurbanized areas to other small
urbanized formula grant programs and to other nonurbanized
formula grant programs, provided the state has consulted with
responsible local officials and publicly owned operators of
public transportation in each area for which the amounts
originally were awarded under this section. Any funds
transferred must be available for eligible new freedom
projects.
The recipient of New Freedom funds in an urbanized area
with a population of 200,000 or more must conduct a competitive
process for an areawide solicitation for applications for
grants to the recipients and subrecipients. Statewide
solicitations must be conducted in urbanized areas with a
population of less than 200,000 and in nonurbanized areas for
applications for grants to the recipients.
A New Freedom grant is subject to the section 5307 formula
grant requirements, except for grants for urbanized areas with
a population of less than 200,000 and for nonurbanized areas, a
special warranty agreement utilized by the Secretary of Labor
may be used to provide a fair and equitable arrangement to
protect the interest of employees. The recipient of a grant
under this section is required to certify that allocations are
distributed to subrecipients on a fair and equitable basis.
The Secretary requires a recipient of a grant to coordinate
the new freedom program activities with other related program
activities of other Federal agencies. Also a recipient that
transfers funds to the urbanized area formula grant program
must certify that the project for which funds are requested had
been coordinated with nonprofit providers of services. A
recipient would also be required to certify that projects
selected were derived from a locally developed, coordinated
public transit-human services transportation plan and that the
plan was developed through a process that involved individuals
of the public, private, and nonprofit transportation and human
services providers.
The Federal share for the net project capital cost of a
project may be up to 80 percent, and not more than 50 percent
of the net operating cost of a project. The remainder of the
funds could be derived from a variety of other sources,
including undistributed cash surpluses; a replacement or
depreciation cash fund or reserve; a service agreement with a
state or local social service agency or a provide social
service organization; a capital; and other eligible Federal
funds expended for transportation (other than funds from the
Department of Transportation). Federal and state funds made
available under section 403(a)(5)(vii) of the Social Security
Act may be used for the non-Federal share. A state is
prohibited from limiting the level or extent of the
Government's share of operating expenses below the 50 percent
in statute.
Sec. 3019. Bus testing facility.
This section amends section 5318 of title 49, United States
Code, to delete the requirement for the Secretary to establish
one bus testing facility because the facility has already been
established in Altoona, Pennsylvania. The Secretary is required
to maintain the facility. The provisions under section 5318
that establishes a revolving loan fund for expenses related to
operating and maintaining the facility are deleted because the
bus testing facility relies on state resources to pay for those
costs, and has never requested a loan. The provision concerning
the acquisition of new bus models is moved to this section from
section 5323(c) for clarity.
Sec. 3020. Bicycle facilities
This section includes a technical amendment and an
amendment to extend the bicycle related provisions to the new
transit in the parks pilot program.
Sec. 3021. Transit in the Parks Pilot Program
This section establishes a new program to provide for
public transportation in certain Federally-owned or managed
areas that are open to the public. The definition of public
transportation for the pilot program means general or special
transportation to the public by a conveyance that is publicly
or privately owned. The definition does not include school bus
or charter transportation, but does include sightseeing
transportation. Within 90 days after the enactment of this
section, the Secretary of Transportation and the Secretary of
the Interior must enter into a memorandum of understanding
(MOU) to establish a transit in the parks pilot program to
encourage and to promote the development of transportation
systems to improve visitor mobility and enjoyment, reduce
pollution and congestion, and enhance resource protection
through the use of public transportation.
The Secretary of Transportation will administer the pilot
program in consultation with the Secretary of the Interior. The
MOU entered into between the Secretaries must be consistent
with the planning processes required under Chapter 52 of title
49 and include descriptions and activities eligible for
assistance under the pilot program. The Secretary of the
Interior may carry out eligible transportation projects as
permitted under the interagency agreements. The Government's
share for any capital project or activity carried out under the
pilot program is 100 percent of the net project costs.
Operating assistance grants may not exceed 50 percent of the
net operating costs of the project.
Sec. 3022. Human resource programs
Sections 5312(b) and (c) would be moved to sections 5322(b)
and (c) to better fit the organization of the revised section
5312 of title 49, United States Code.
Sec. 3023. General provisions on assistance
Amendments are made to section 5323 of title 49, United
States Code in this section. The term ``private mass
transportation company'' is changed to ``private company
engaged in public transportation'' in subsection (a), to
reflect the change in terminology from mass transportation or
mass transit to public transportation.
Subsection 3023(c) regarding conditions on charter bus
transportation service amends section 5323(d) by striking the
existing law subsection (d)(2) regarding violations of
agreements and inserting new language which directs the
Secretary to investigate all complaints about violations of the
charter service agreement and decide whether a violation has
occurred; if a violation has occurred, to correct the
violation; and, if a pattern of violations is found, to bar the
recipient from receiving funds in an amount the Secretary
considers appropriate. Under existing law, the Secretary did
not have the flexibility to adjust the amount withheld--the
recipient would be barred from receiving further Federal
assistance. This overly-broad authority was never used, whereas
a more flexible authority to penalize charter violators will
encourage a more realistic and responsive approach to charter
enforcement by the FTA. The Committee is aware that both public
transportation providers and private charter bus providers have
expressed strong concerns about the 1987 FTA rule enforcing
section 5323(d) regarding charter bus service. The Committee
directs the FTA to initiate a rulemaking seeking public comment
on the regulations implementing section 5323(d), and to
consider the issues listed below. Consideration of any changes
to the current regulation shall not disturb the current law
provisions under section 5323(f) regarding school bus
transportation.
1. Are there potential limited conditions under which
public transit agencies can provide community-based charter
services directly to local governments and private non-profit
agencies that would not otherwise be served in a cost-effective
manner by private operators?
2. How can the administration and enforcement of charter
bus provisions be better communicated to the public, including
use of internet technology?
3. How can the enforcement of violations of the charter bus
regulations be improved?
4. How can the charter complaint and administrative appeals
process be improved?
The existing law section 5323(e) regarding bus seat belt
functional specifications is deleted because such
specifications have been issued by the Secretary. A new
subsection (e) takes its place that makes revenue bond proceeds
eligible for use as local match against federal transit grants
and that authorizes recipients to establish debt service
reserves using up to 10 percent of their federal grant funds.
The authority to use bond proceeds as local match was
established in section 3011 of the Transportation Equity Act
for the 21st Century (TEA 21), and FTA has reported that this
authority has been beneficial to transit operators. This
subsection also permits the Secretary to reimburse recipients
for deposits in a debt service reserve established for the
purpose of financing transit capital projects, pursuant to
section 5302(a)(1)(K). Such reimbursements are capped at 10
percent of the recipient's annual apportionment from section
5307 urbanized area formula grants.
Subsection 5323(f) regarding school bus transportation is
amended to allow the Federal Transit Administration to assess
fines and withhold grant funds if public transportation
agencies violate the narrowly defined conditions under which
public transportation providers can provide school bus
transportation.
Section 5323(j) regarding Buy America is amended by adding
a new requirement that FTA provide a detailed written
justification when the agency issues a public interest waiver.
Additionally, a new provision is added stating that parties
adversely affected by FTA action on Buy America decisions may
seek judicial review under the Administrative Procedures Act.
The general regulatory waivers for Chrysler 15-passenger vans
and wagons from the requirement that public transportation
vehicles be assembled in the United States are repealed. In
addition, the permanent regulatory waiver for microcomputer
equipment is also repealed.
Under current law, section 5323(l) requires state-managed
transit grant programs be subject to State transportation
planning requirements in section 135 of title 23, United States
Code. Since all transportation planning programs are now
addressed under chapter 42 of title 49, U.S.C., section 5323(l)
contains a new provision that broadens the applicability of
section 1001 of title 18, that prohibits fraudulent statements
to the Government, to all programs funded under chapter 53.
Sec. 3024. Special provisions for capital projects
This section makes very minor amendments to section 5324 of
title 49, United States Code and changes the title of the
section from ``Limitations on discretionary and special needs
grants and loans'' to ``Special provisions for capital
projects,'' which is more descriptive of the provisions
contained therein regarding relocation program requirements and
consideration of economic, social, and environmental interests.
Sec. 3025. Contract requirements
This section consolidates sections 5325 ``Contract
Requirements'' and 5326 ``Special Procurements'' of title 49,
United States Code, since the provisions of section 5326 fall
within the scope of conditions set on contracts that utilize
federal funds provided under chapter 53 of title 49, United
States Code. Under the revised subsection 5325(a) and (b),
recipients of such funds are expressly required to conduct
procurements using full and open competition and to use
standard architectural, engineering, and design contract award
procedures. A new subsection 5325(d) is added that is identical
to existing law section 5326(a), except that the term
``turnkey'' is replaced with the more commonly used term
``design-build'', and references to design-build
``demonstration projects'' are deleted, since design-build
contracting has matured beyond the demonstration phase. In
addition, design-build contracting does not necessarily result
in lower project costs or new technologies and, as a result,
this concept as expressed under section 5326(a)(2) in current
law is removed.
Sec. 3026. Project management oversight and review
This section amends section 5327 of title 49, United States
Code regarding project management oversight activities. The
Secretary is authorized to use .5 percent of section 5311
funds, .75 percent of section 5307 funds, and 1 percent of
section 5309 funds to make contracts for oversight of major
transit construction projects, and to review and audit
recipients' compliance with federal requirements and provide
technical assistance to correct deficiencies identified in such
reviews and audits. This is an increase in the amount set aside
for such activities above levels set under current, which
provides for .5 percent of section 5307 and section 5311 funds
and up to .75 percent for section 5309 funds. Comprehensive
agency oversight, compliance review, and technical assistance
are necessary for all major grant programs, and particularly
important for major capital grants such as new starts and rail
modernization.
Sec. 3027. Investigations of safety and hazards
This section amends section 5329 of title 49, United States
Code regarding the Secretary's authority to investigate safety
and security risks associated with public transportation
equipment, facilities, or operations financed under chapter 53
of title 49, United States Code. The Secretary may withhold any
amount of a recipient's Federal assistance until a plan to
eliminate, mitigate, or correct the hazard has been approved
and carried out.
Sec. 3028. State safety oversight
This section amends section 5330 of title 49, United States
Code by changing the heading from ``Withholding amounts for
noncompliance with safety requirements'' to reflect the more
commonly used title of ``State safety oversight.'' Under this
section, a State is required to establish and carry out a
safety program plan for rail-based new starts projects.
Commuter rail systems that operate on the general railway
system are subject to the safety rules and oversight of the
Federal Railroad Administration. Amendments to subsection
5330(a) ensure that safety is considered well before a rail-
based new start project begins revenue service. In subsection
5330(d), rail-based new start projects that operate in two or
more States are required to have a unified safety program plan.
Sec. 3029. Controlled substances and alcohol misuse testing
This section amends section 5331 of title 49, United States
Code regarding drug and alcohol testing of public
transportation employees, allowing the Secretary to apply a
single agency's drug and alcohol testing regime if a particular
transportation provider is subject to more than one agency's
rules. Currently, section 5331 authorizes the Secretary to
exclude from FTA drug and alcohol testing those public
transportation providers that are adequately covered by the
Federal Motor Carrier Safety Administration or the Federal
Railroad Administration testing statutes. The amendment to
subsection 5331(a) expands the Secretary's authority to exclude
from FTA testing those public transportation providers that are
adequately covered under other Federal or Departmental testing,
such as the U.S. Coast Guard's testing provisions applicable to
ferryboat employees.
Sec. 3030. Employee protective arrangements
This section amends Section 5333 of title 49, United States
Code making conforming changes to ensure that all federal
public transportation grant programs are subject to fair labor
standards and employee protective arrangements.
Sec. 3031. Administrative procedures
This section amends section 5334 of title 49, United States
Code regarding the Secretary of Transportation and Federal
Transit Administration's authority to administer programs
carried out under chapter 53 of title 49, United States Code.
The Secretary is prohibited from regulating public
transportation provider's routes, schedules, and rates, except
in the case of a national or regional emergency. A new
subsection 5334(c)(5) has been added thatrequires the FTA to
subject non-regulatory substantive policy statements to a 60-day public
review notice and comment period. Currently, FTA circulars, letters, or
other policy statements can be issued without the benefit of the same
public review and comment process that is required under the regulatory
process. However, such documents often carry the same weight and
penalties as regulations. An example of this ``unwritten rule'' is the
$500 million per project limitation FTA has placed on the Federal
commitment on a full funding grant agreement issued under the authority
of section 5309. Although such a project cost limitation might be a
valid policy, it has not been published in a form that allows for
comment from the affected transit community. The provision added in
subsection (c)(5) will add transparency to FTA's administrative
procedures and provide opportunity for public review and feedback.
Sec. 3032. National transit database
This section amends Section 5335 of title 49, United States
Code by striking subsection (b) regarding a transferability
report that was completed in 1993 and changing the title of the
section to reflect the remaining provisions regarding the
Secretary's authority to maintain a national reporting system
of public transportation financial and operating information
using a uniform system of accounts. The section header is
amended from the current law title ``Reports and audits'' to
``National transit database'' to reflect the revised contents
of the section.
Sec. 3033. Apportionments based on fixed guideway factors
This section amends Section 5337 of title 49, United States
Code regarding apportionment formulas for the fixed guideway
modernization program. The provision regarding route segments
to be included in the apportionment formula is amended to
delete the ``1997 Standard'' that held eligible rail system
mileage to the number of miles a system reported in fiscal year
1997.
Sec. 3034. Authorizations
This section amends Section 5338 of title 49, United States
Code, making FTA program funds available on an annual basis for
the fiscal year 2004-2009 authorization period. The major FTA
programs are Formula Grants, Capital Investment Grants,
Planning, Research, and Administrative Expenses. Subsections
(a), (c), (d), (e), and (f) break out funding allocations
between fiscal year 2004 and fiscal years 2005-2009. This
organizational structure is adopted to separate the fiscal year
2004 funding, which splits every account's funding between the
Mass Transit Account and the general fund at an 80-20 ratio
(current law structure), from funding for fiscal years 2005-
2009, which is either 100 percent trust funded or 100 percent
general funded. The programs that will be 100 percent trust
funded in fiscal years 2005-2009 are Formula Grants and
Planning, as well as the bus and bus related facilities grants
and the fixed guideway modernization grants under Capital
Investment Grants. The programs that will be 100 percent
general funded in fiscal years 2005-2009 are Research,
Administration, and the new starts and small starts programs
under Capital Investment Grants. This restructuring of the
program financing will prevent an accounting problem with the
spending rate of the Mass Transit Account. By not split-funding
any programs, each program will outlay at its actual spending
rate.
The Formula Grants programs comprise 54 percent of the
total transit programs. There are a number of allocations made
from the total formula grants funding for: new bus model
testing, grants to the Alaska Railroad, over-the-road bus
accessibility equipment costs, the new Transit in the Parks
pilot program, the transit portion of funding for the non-
motorized transportation pilot program authorized in section
1118(b) of the bill, the New Freedom program, the Job Access
and Reverse Commute grant program, and the Clean Fuels grant
program. After these allocations of funds have been made, the
remainder of the aggregate amount is allocated in the following
percentages: 2.5 percent to the elderly and disabled formula
grant program, 8 percent to the nonurbanized formula grant
program, and 89.5 to the urbanized area formula grant program.
The percentage shares for the elderly and disabled program
grants and for the nonurbanized formula grants have been
increased over such shares under current law.
The Capital Investment Grants programs comprise 43 percent
of the total transit programs. The four Capital Investment
Grant programs (fixed guideway modernization, new starts, small
starts, and bus and bus-related facilities) receive funding
allocations under section 5309(m). For fiscal year 2004,
funding for these programs is apportioned under subsection
5338(b), with 80 percent of the funding coming from the Mass
Transit Acount and 20 percent from the general fund. In
subsection 5338(g), funding is apportioned for fiscal years
2005-2009 from the Mass Transit Account of the Highway Trust
Fund for bus and bus facilities and fixed guideway
modernization. In subsection 5338(h), funding is authorized to
be appropriated in fiscal years 2005-2009 for new starts and
small starts.
Planning grant fund apportionments to metropolitan areas
and states is provided under subsection 5338(c). For fiscal
year 2004, the funding is split-funded and for fiscal years
2005-2009, the funding is derived from the Mass Transit
Account. The percentage of planning funds allocated to
metropolitan areas is 82.72 percent and 17.28 percent is
apportioned to states for state planning activities. These are
the same percentages as provided under current law. The total
amount of funding authorized for planning activities has been
increased from 1 percent of the total program under current law
to 1.25 percent, in recognition of additional funding needs
resulting from the designation of 46 new urbanized areas in the
2000 Census.
The Research program is funded under subsection 5338(d).
For fiscal year 2004, the funding is split-funded, and for
fiscal years 2005-2009, the funding is authorized to be
appropriated from the general fund. There are a number of
allocations made from the total formula grants funding for: the
transit cooperative research program, management of the
national transit database, the National Transit Institute
transit training facility at Rutgers University, and Project
Action, a national technical assistance program for providers
of transportation services to the disabled. The remainder of
funds under this subsection are available for the national
research and technology programs. In subsection 5338(e),
funding is authorized for university transportation research.
This complements funding made available for these programs
under the Federal-aid Highway program in Title V of the bill.
Funding for administration of the Federal transit programs
is provided under subsection 5338(f). For fiscal year 2004, the
funding is split-funded, and for fiscal years 2005-2009, the
funding is authorized to be appropriated from the general fund.
Sec. 3035. Over-the-Road Bus Accessibility Program
This section amends Section 3038 of TEA 21 regarding the
over-the-road bus accessibility program, which provides grants
to intercity and charter bus providers for incremental costs of
equipment to reach compliance with the Americans with
Disabilities Act. The TEA 21 provision regarding Federal share
is amended by increasing the Federal share for such project
costs from 50 percent to 80 percent.
Sec. 3036. Updated terminology
This section amends chapter 53 of title 49, United States
Code by striking ``mass transportation'' and replacing it with
``public transportation.''
Sec. 3037. Project authorizations for new fixed guideway capital
projects
This section lists the projects that are authorized under
the section 5309 new starts and small starts programs for
fiscal years 2004 through 2009. Existing full funding grant
agreements are listed separately from projects authorized for
final design and construction and those authorized for
alternatives analysis and preliminary engineering.
In subsection 3037(a), 23 new start projects originally
authorized in the Intermodal Surface Transportation Efficiency
Act (ISTEA) or in TEA 21 have continued authorizations with the
amount specified by fiscal year that remains outstanding under
the schedule of federal funds for the project (or ``schedule
6'') attached to each project's full funding grant agreement
contract with the FTA. The first responsibility of the
Appropriations Committees in providing funds for new fixed
guideway capital projects must be to ensure that each project
under a full funding grant agreement receives the full amount
specified for the fiscal year in which it is programmed. Under-
funding full funding grant agreements is very damaging to the
financial management of the project and to the overall capital
and operating budget of the sponsoring agency, and may
jeopardize private financing for the local share of such
project costs.
In subsection 3037(b), new fixed guideway capital projects
that are ongoing projects in the new starts pipeline and are
currently in preliminary engineering or final design are
authorized for final design and construction.
In subsection 3037(c), new fixed guideway capital projects
that have not yet been approved for preliminary engineering by
the FTA or that were not previously authorized under TEA 21 are
authorized for alternatives analysis and preliminary
engineering.
Subsection 3037(d) provides fixed dollar authorizations for
the amounts outstanding under current full funding grant
agreements for five projects that are essentially complete, but
have very small amounts of federal funding remaining.
Subsection 3038(e) sets out rules relating to new starts
and small starts funding for the life of the authorization. In
general, all projects that are authorized under subsection (a)
may expend Federal funds only for final design and construction
activities. Projects that are authorized under subsection (b)
may expend Federal funds for final design and construction, and
for alternatives analysis and preliminary engineering
activities. Projects that are authorized under subsection (c)
may expend Federal funds only on alternatives analysis and
preliminary engineering activities. However, on October 1,
2006, projects authorized under subsection (c) shall also be
authorized for final design and construction. Minimum funding
levels are established for appropriations for each fiscal year
in the full funding grant agreement category (subsection a) and
the final design and construction category (subsection b), and
maximum funding levels are established for each fiscal year in
the alternatives analysis and preliminary engineering category
(subsection c). Subsection 3037(b) projects authorized for
final design and construction that execute a full funding grant
agreement with FTA after the date of enactment of this Act are
to be given the full amount indicated in the schedule of
federal funds for the project for each fiscal year under the
agreement.
Subsection 3037(f) amends the project description for the
New Jersey Urban Core project originally authorized in section
3031(d) of ISTEA. This authorization was expanded in TEA 21 and
is further amended in this legislation. Elements of New Jersey
Urban Core project include:
The Secaucus Transfer, which consists of
construction of a new rail transfer station at the intersection
of the Northeast Corridor and the Main, Bergen and Pascack
Valley Lines as well as a rail spur north to the Meadowlands
Sports Complex and a connection to the Hudson River Waterfront
Transportation System.
The Lackawanna Cutoff, which is the restoration of
passenger rail service between Port Morris, NJ and Scranton,
PA.
The Kearny Connection, which is a connection in
Kearny allowing Morris and Essex Line commuter rail trains to
access the Northeast Corridor to New York.
The Waterfront Connection, which is a connection
allowing Northeast Corridor commuter rail trains to access the
Morris and Essex Lines to Hoboken.
The Northeast Corridor Signal System, which is the
implementation of a high- density signal system on the
Northeast Corridor between Newark and New York City.
The Hudson River Waterfront Transportation System,
which is being implemented as three segments of Hudson-Bergen
Light Rail. The first segment runs from Hoboken Terminal south
to 34th Street in Bayonne with a spur to West Side Avenue in
Jersey City. The second segment extends the first segment south
from 34th Street to 22nd Street in Bayonne and north from
Hoboken to TonnelleAvenue in North Bergen. The third segment
extends the line south from 22nd Street to 5th Street in Hoboken and
North from Tonnelle Avenue to the Vince Lombardi Park & Ride in
Ridgefield. The Hudson River Waterfront Transportation System also
includes extensions from the Vince Lombardi Park & Ride in Ridgefield
west to Saddlebrook and east to Edgewater.
The Northern Branch Line or the West Shore Line,
which consists of either an extension from the Hudson River
Waterfront Transportation System north along the Northern
Branch freight line to New York State, or a commuter rail
extension north from Secaucus Transfer and the Meadowlands Rail
Spur across the Meadowlands to the West Shore freight line,
which extends into New York State.
The Newark-Newark International Airport-Elizabeth
Transit Link, which is a light rail project running from Newark
Penn Station south through downtown Newark into Union County,
including Newark Liberty International Airport Rail Station,
the Jersey Gardens Mall, downtown Elizabeth, then proceeding
west to Plainfield.
The rail connection between Newark Penn and Broad
Street stations, which is a light rail circulator service in
downtown Newark, being implemented as the Newark Elizabeth Rail
Link.
The New York Penn Station Concourse, which is a
station expansion project in New York Penn Station.
The restoration of commuter rail service in
Monmouth, Ocean and Middlesex counties, which consists of
restored rail service from Lakehurst north to Freehold and
proceeding either west to connect with the Northeast Corridor
through Jamesburg or north to connect with the North Jersey
Coast Line in Matawan.
New Jersey Urban Core also provides for the construction of
any appropriate rail service in Passaic County and the
equipment necessary to service all project elements.
Subsection 3037(g) directs that project elements of the New
Jersey Trans-Hudson Midtown Corridor that have been advanced
with 100 percent non-Federal funds shall be given consideration
by the FTA when evaluating the local share of the project in
the new starts rating process, including the purchase of bi-
level rail equipment.
Sec. 3038. Projects for bus and bus-related facilities
This section lists bus and bus facilities projects and
associated funding levels for fiscal years 2005, 2006, and
2007. Each year's designated funding represents half of the
authorized amount for section 5309 bus and bus facility
projects for that fiscal year.
Sec. 3039. National Fuel Cell Bus Technology Development Program
This section authorizes a new fuel cell bus technology
development program for hydrogen fuel cell and liquid methanol
fuel cell bus technologies, in order to facilitate the
development of commercially viable fuel cell bus technology and
related infrastructure. The program is limited to four
recipients, at a Federal share of 50 percent.
Sec. 3040. Extension of public transit vehicle exemption from axle
weight restrictions
This section amends Section 1023(h)(1) of the Intermodal
Surface Transportation Efficiency Act of 1991 by extending from
the current exemption from the per-axle weight limitation for
buses used in public transportation.
Sec. 3041. High-Intensity Small-Urbanized Area Formula Grant Program
This section establishes a new set-aside program from the
section 5307 urbanized area formula grants that provides a
small bonus grant payment to urbanized areas under 200,000 in
population that operate at a level of service above the
industry average level of service in similarly-sized urbanized
areas in one or more of six performance categories: passenger
miles traveled per vehicle revenue mile, passenger miles
traveled per vehicle revenue hour, vehicle revenue miles per
capita, vehicle revenue hours per capita, passenger miles
traveled per capita, and passengers per capita. These
performance categories and a methodology established for
providing bonus grants were established in the September 2000
FTA report to Congress called ``The Urbanized Area Formula
Program and the Needs of Small Transit Intensive Cities.''
Sec. 3042. Allocation for national research and technology programs
This section establishes seven specific research areas
within the Federal Transit Administration's national research
and technology program, and allocates funding levels in each
fiscal year of the authorization period for these research
areas. These research focus areas were developed through
conferring with the FTA and reflecting priorities established
in the agency's Research and Technology Strategic Plan. The
programmatic structure and funding floors for each research
area will help ensure that adequate funding is provided
throughout the authorization period to establish and carry out
meaningful programs with depth and continuity.
Sec. 3043. Obligation ceiling
This section sets the annual obligation ceiling for Federal
Transit Administration programs authorized by this Act for
fiscal years 2004 through 2009, including both amounts made
available from the Mass Transit Account of the Highway Trust
Fund and general funds from the U.S. Treasury. The total
obligation authority for each fiscal year is guaranteed to be
provided in the fiscal year for which it is set under the
budgetary firewalls established in section VIII of the bill.
Sec. 3044. Adjustments for the Surface Transportation Extension Act of
2004
This section provides for the funding reconciliation of
apportionments and allocations made to transit grant recipients
under this Act with the levels of funding already made
available under the Surface Transportation Extension Act of
2004, which expires April 30, 2004.
TITLE IV--MOTOR CARRIER SAFETY AND TRANSPORTATION
Subtitle A--Commercial Motor Vehicle Safety
The Motor Carrier Safety Improvement Act of 1999 (MCSIA)
(P.L. 106-159) established the FMCSA within the Department of
Transportation (DOT) on January 1, 2000. Prior to the enactment
of MCSIA, commercial motor vehicle-related crashes involving
fatalities and injuries had been steadily climbing and it was
determined that the creation of a separate modal administration
within the DOT would improve truck and bus safety. According to
data compiled by the DOT, large trucks \1\ represent about
three percent of registered vehicles; however, they account for
seven percent of the vehicle-miles traveled on our Nation's
highways, and are involved in about 11 percent of all fatal
crashes.
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\1\ Large truck is defined as a commercial motor vehicle with a
gross vehicle weight of 10,001 pounds or more.
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FMCSA's primary responsibility is to enforce the Federal
motor carrier safety and hazardous materials regulations,
including the requirements governing Mexico-domiciled
commercial motors vehicles operating in the United States. The
FMCSA also administers the Commercial Drivers' License (CDL)
program, oversees the interstate transportation of household
goods, and all aspects of hazardous materials transportation
via highway. The FMCSA has been directed to accomplish these
responsibilities through increased enforcement of the safety
regulations, expedited completion of rulemaking proceedings,
scientific research, and improved commercial driver's licensing
programs.
FMCSA has set a goal of reducing the rate of fatalities in
large truck crashes by 39 percent between 1999, the year prior
to the agency's creation, and 2008, from a rate of 2.7
fatalities per 100 million vehicle miles traveled (VMT) to a
rate of 1.65. The commercial motor vehicle fatality rate,
factoring in increases in VMT, was reduced to 2.28 in 2002, a
reduction of 7 percent from 2001 when the rate was 2.45. The
commercial motor vehicle fatality rate reduction in 2002 marked
the fifth consecutive year the rate had been reduced.
Sec. 4101. Authorization of appropriations
From the day of burro-drawn wagons moving our goods to the
current day intermodal, just-in-time delivery system,
commercial vehicles have always played an important role in our
Nation's economy. To ensure this vital system continues in a
safe and efficient manner, the Committee has reported out this
legislation.
This section provides funding from the Highway Trust Fund,
other than the Mass Transit Account, for FMCSA to implement
safety programs for fiscal years 2004 through 2009. Funding for
the Motor Carrier Safety Assistance Program is authorized in
section 1402 of this title.
This bill authorizes FMCSA and its programs to be funded
through contract authority. Under the Transportation Equity Act
for the 21st Century (TEA 21), which was enacted 18 months
prior to the creation of FMCSA, the agency's administrative
expenses were funded through a deduction of the Federal Highway
Administration's (FHWA) administrative expenses. This set-aside
of Federal-aid funds is called a ``takedown''. MCSIA amended
TEA 21 by increasing the takedown to one-third of one percent
from the FHWA's administrative expenses to administer FMCSA
activities. Other than the first year of enactment, the
takedown has proven to be ineffective for funding the motor
carrier safety program adequately. In addition, the takedown
has not been adequate for additional safety and program needs
created with the implementation of the North American Free
Trade Agreement, and the security improvements needed in
response to the terrorist attacks of September 11, 2001.
Therefore, it is appropriate to create new contract authority
for FMCSA expenses.
Sec. 4102. Motor carrier safety grants
An important FMCSA responsibility is managing the Motor
Carrier Safety Assistance Program (MCSAP), which provides
grants to States for the enforcement of the Federal safety and
hazardous materials regulations governing commercial motor
vehicles. Safety enforcement under MCSAP is primarily achieved
through roadside inspections and safety compliance reviews.
MCSAP grants are authorized to provide up to 80 percent of
State program costs. The MCSAP was initiated in the early 1980s
and the program has grown in size every year since. From 1997
to 2003, the annual authorization grew from $78.2 million to
$189 million. In 2003, MCSAP officers conducted over 2.9
million commercial motor vehicle and driver inspections
nationwide, with approximately 7 percent of drivers and 23
percent of vehicles placed out of service for violations of the
safety and hazardous materials regulations. Under current law,
MCSAP agencies may be reimbursed for traffic enforcement
activities when those activities are conducted in conjunction
with safety inspections, while conducting weight inspections,
or while conducting a drug interdiction inspection.
Subsection (a) of this section would reauthorize the Motor
Carrier Safety Assistance Program, with a number of changes. In
addition to increases in authorized funding levels, the program
would be amended to require the States to include five new
requirements in their annual commercial vehicle safety plans.
The first would require the implementation of performance-based
activities, including deployment of technology to enhance the
efficiency and effectiveness of commercial motor vehicle safety
programs. The second would require States to include in their
training manuals, for all drivers' licensing examinations,
information about best practices for safely sharing the road
with trucks and cars. States would also be required to enforce
the registration requirements of section 13902, of title 49,
United States Code, by removing from service vehicles that are
unregistered or operating beyond the scope of their
registration. Another change would require States to conduct
highly visible traffic enforcement programs in locations or
corridors that have been identified as having a high incidence
of car and truck crashes. The final change would require States
to establish a program ensuring that all information and data
provided to the Secretary that is used for safety rating
purposes, or in identifying high-risk carriers, is accurate,
timely, and complete.
Subsection (b) of this section details the new activities
for which States can use funds provided under the Motor Carrier
Safety Assistance Program. These activities would include the
ability to conduct traffic enforcement on commercial motor
vehicles without a corresponding safety inspection and on non-
commercial motor vehicles whenthe behavior of the drivers of
smaller vehicles increases the risk of crashes involving commercial
motor vehicles. The Secretary would also be required to provide an
annual report to Congress detailing the effect these new activities and
requirements have had on commercial motor vehicle and highway safety.
The Committee intends this new authority in the MCSAP to be
used for conducting highly visible roadside enforcement
activities in high crash corridors. The Committee intends these
changes to establish a commercial motor vehicle and highway
safety program similar to State impaired driving programs, as
well as ``buckle-up'' campaigns. With these changes in mind,
the Committee has also increased funding for outreach and
education currently conducted by FMCSA. With this legislation,
the outreach program will be jointly managed by FMCSA and
NHSTA. The Committee believes combining enforcement activities
with a robust outreach and education program is necessary to
maximize the results.
Subsection (c) of this section authorizes funding for the
Motor Carrier Safety Assistance Program. This funding is for
the basic grant program, high priority grants, and the new
entrant program. This bill does not continue the incentive
program for MCSAP. By increasing the funding total and removing
the incentive program the Committee will ensure more resources
go to the core function of the MCSAP program, conducting
commercial motor vehicle and driver safety and hazardous
materials inspections.
Subsection (d) of this section provides the Federal Motor
Carrier Safety Administration the authority to provide grants
without a matching requirement to the States to conduct safety
audits of new entrant motor carriers. This subsection also
increases the current amount of Motor Carrier Safety Assistance
Program funding available for high priority activities to 10%
of the total funds authorized. The funding may be used for
activities designed to improve all information and data
provided to the Secretary from the State that is used for
safety rating purposes, or for identifying high-risk carriers.
In addition, this subsection also allows the Secretary to use
up to $15,000,000 each fiscal year to conduct safety audits of
new entrant motor carriers described in subsection (c).
Subsection (e) contains a technical amendment.
Sec. 4103. Border enforcement grants
Subsection (a) deletes contract authority funding for
information systems by striking the section where it currently
is located. Funding for information systems is now included in
the administrative expenses. Subsection (a) also creates a new
grant program for Border Enforcement Programs.
This grant program is for State enforcement activities at
the Canadian and Mexican borders. No Federal activity would be
conducted using this money. States would be authorized to use
the grants for virtually anything related to CMV safety
enforcement and compliance with State and Federal CMV
requirements involving foreign motor carriers, including the
purchase of land and buildings. Grant recipients could not use
Federal funds to replace State funds and they would be required
to maintain the average level of border-related expenditures
during fiscal years 2002-2003. It is intended, and quite
possible, that this money will not be distributed to every
State that shares a border with another Country, but will only
be distributed to States with an identified need.
These grants do not require a State match.
Subsection (b) includes the conforming amendments necessary
for the changes made in subsection (a).
Sec. 4104. Commercial driver's license improvements
Subsection (a) creates a new program for commercial
driver's license improvement grants. These grants would enable
States to improve the implementation of their commercial
driver's license programs. The grants may be used to improve
training, computer software, computer hardware, publications,
testing, quality control, and to hire personnel. However, the
funds received under this program must first be used to ensure
the State has met the commercial driver's license program
improvements that were required in the Motor Carrier Safety
Improvement Act. Unlike the border grants, these funds may not
be used to purchase land or buildings.
In order to apply for a grant, the State must first conduct
a self-assessment of their commercial driver's license program
identifying deficiencies within their commercial driver's
licensing program. Based on these assessments, the State will
then apply for the appropriate amount of funding to correct
these issues. The State must also maintain an average level of
commercial driver's license expenditures during the fiscal
years 2002-2003. The government share for these grants is 80
percent. Five percent of these funds will be set aside for high
priority commercial driver's license activities.
Subsection (b) includes the conforming amendments necessary
for the changes made in subsection (a).
Subsection (c) would authorize the Secretary to redirect up
to 5 or 10 percent of the funds a State receives under this
program, if the State is found to be in serious non-compliance
with the commercial driver's license programs. The penalty
provisions found in the CDL statutes have been amended to
encourage the Secretary, through more flexibility, to assess
penalties for non-compliance.
Sec. 4105. Hobbs act
Subsection (a) would amend the Hobbs Act to make explicit
the interpretation given to that act by a series of decisions
of the U.S. Circuit Courts of Appeal.
In 1966, when the Department of Transportation (DOT) was
created, Congress transferred responsibility for regulating
motor carrier safety and driver qualifications from the former
Interstate Commerce Commission (ICC) to the Department.
Sections 351(a) and 352 of title 49 provide for the same
method of judicial appeal from actions based on these
transferred functions as would have been required had the
functions remained with the ICC. Prior to 1966, ICC orders were
reviewed by three-judge District Courts, with a right of direct
appeal to the Supreme Court. In 1975, Congress altered the path
of review for ICC actions, substituting for the three-judge
District Court, a right of direct appeal to the Court of
Appeals for the relevant jurisdiction. This statute is known as
the Hobbs Act (28 U.S.C. 2321, 2342).
The ICC was abolished in 1995 and most of its remaining
functions weretransferred to the newly created Surface
Transportation Board (STB) or to FMCSA. The corresponding revisions to
the Hobbs Act, however, created uncertainty.
That raised the question whether an action by FMCSA
pursuant to the safety authority transferred in 1966 could
still be reviewed by the Courts of Appeal, since section
2342(3)(A) applied to the commercial statutes, while section
2342(5) applied to actions of the STB.
Subsection (a) would be amended to ensure that both of
these issues would be covered by inserting in section
2342(3)(A) a reference to ``subchapter III of chapter 311,
chapter 313, and chapter 315 of Part B of subtitle VI of title
49.'' FMCSA's safety statutes are codified there, including
statutes enacted after 1966. All safety statutes would thus be
subject to exclusive review by the Courts of Appeal.
Subsections (b) and (c) would simply replace the term
``Federal Highway Administration'' with ``Federal Motor Carrier
Safety Administration'' in 49 U.S.C. 351(a) and 352. The ICC's
motor carrier safety functions were exercised by FHWA until the
fall of 1999 and were statutorily entrusted to FMCSA when it
was created on January 1, 2000. Because FHWA retains no duties
or powers transferred from the ICC, sections 351(a) and 352
should refer to FMCSA.
Sec. 4106. Penalty for denial of access to records
FMCSA investigators have broad authority to inspect and
copy motor carrier and shipper records (see 49 U.S.C. 504(c),
31133(a)). The majority of carriers and shippers readily grant
access to requested records, however, some deliberately impede
the investigative process by refusing to set an audit date, or,
after setting a date, by ordering investigators off the
premises--occasionally with a show of force. Others take a more
subtle approach, feigning illness or declaring an ``emergency''
during the audit; pleading inability to produce records because
of the absence of key personnel; or delivering documents at a
pace designed to prolong the audit beyond the time available to
the investigator.
FMCSA can issue an administrative subpoena for documents,
and the refusal to comply requires the agency to file an action
in Federal court to enforce the subpoena. This process, though
effective, is relatively slow and labor-intensive, and the cost
to a carrier or shipper who does not seriously contest the
action is minimal.
New section 521(b)(2)(E) would create a financial penalty
to dissuade any uncooperative carriers or shippers from denying
or impeding FMCSA's legitimate access to records.
Sec. 4107. Medical review board
This section requires the FMCSA to establish a Medical
Review Board to serve as a source of up-to-date medical advice
for the FMCSA on matters related to driver qualification rules,
guidelines for medical examiners, and standards for medical
exemptions under 49 U.S.C. 31315(b).
The Committee has included the Administration's proposal
for establishing a five-member Medical Review Board to make
recommendations on medical standards for commercial drivers,
medical examiner education, and medical research. Due to the
variety of motor carrier operations and the sheer number of
commercial drivers, the Committee is not overly prescriptive in
describing how FMCSA should conduct this proposal. With over
6.5 million commercial drivers requiring biennial medical
certifications, permitting FMCSA to set the standard for who
should be allowed to conduct physical examinations, with the
help of the Medical Review Board, is the most feasible way to
ensure no disruption in the medical certification system
currently in place. Having this provision will ensure medical
examiners know the driver qualification standards and
guidelines, while understanding the mental and physical demands
involved in driving a commercial motor vehicle.
Sec. 4108. Increased penalties for out-of-service violations and false
records
Subsection (a) would double the penalties for recordkeeping
violations under 49 U.S.C. 521(b)(2)(B) up to $1,000 for each
day the offense continues, or up to $10,000 for an offense that
conceals the fact that a non-recordkeeping violation occurred.
Recordkeeping violations frequently have no other purpose than
to conceal a safety violation, and they often succeed. Higher
penalties should reduce both the number of recordkeeping
violations and the number of safety violations as well.
The current penalties under 49 U.S.C. 31310(i)(2) for a
driver who violates an out-of-service (OOS) order are, for a
first offense, a 90-day disqualification from operating a CMV
and a civil penalty of at least $1,000 and for a second
offense, disqualification for one to five years and a civil
penalty of at least $1,000. An employer who knowingly allows or
requires a driver to violate an OOS order is subject to a civil
penalty of up to $10,000. OOS orders can be issued for a
variety of reasons: for failure to pay civil penalties on
schedule, for having an unsatisfactory safety rating, for
violating the agency's hours-of-service or equipment
regulations, or because the motor carrier constitutes an
imminent hazard. Enforcement officers cannot afford to spend
hours monitoring a single OOS vehicle, and tracking possible
movements of an entire OOS fleet is even more difficult. As a
result, many OOS orders are violated. One effective deterrent
to violating an OOS order is to raise the cost to violators.
Subsection (b) would increase to a maximum of $25,000 the civil
penalty for a motor carrier that knowingly orders a driver to
proceed despite an OOS order. An employer that knowingly and
willfully ignores OOS orders is liable to imprisonment for up
to a year or a fine of up to $100,000 if the violation did not
result in death, or up to $250,000 if it did result in death,
or both. But drivers sometimes decide to ignore an OOS order.
Subsection (b) would also increase a driver's penalty for a
first offense to a 180-day disqualification and a civil penalty
of at least $2,500, and, for a second offense, to a two to five
year disqualification and a civil penalty of up to $5,000.
Sec. 4109. Commercial vehicle information systems and networks
deployment
This section moves the commercial vehicle information
system and networks deployment program out of FHWA and to FMCSA
in order to streamline the grant process. Historically, FMCSA
has been responsible for implementing and deploying thisprogram
with the money passing through FHWA. This streamlined process is
intended to ensure the completion of the core deployment of commercial
vehicle information systems and networks. It also will help with the
expanded deployment of the program.
Subsection (a) provides general direction to carry out the
commercial vehicle information systems and networks deployment
program.
Subsection (b) describes the overall purpose of the
commercial vehicle information systems and networks deployment
program.
Subsection (c) would require the Secretary to make grants
of up to $2.5 million for the core deployment of commercial
vehicle information systems and networks. A State that has
previously received funding for the core deployment of
commercial vehicle information systems and networks would
receive a grant that has been reduced by the amount of funds
previously received for core deployment. States that have not
previously received funding for core deployment would receive a
grant of $2.5 million. To be eligible for a core deployment
grant, a State must have a program plan and must certify that
its activities are consistent with National Intelligent
Transportation Systems and Commercial Vehicle Information
Systems and Networks architectures and available standards, and
must agree to execute a successful interoperability test. The
use of the grant would be limited to core deployment
activities.
Subsection (d) would authorize the Secretary to make grants
to States for the expanded deployment of commercial vehicle
information systems and networks. The amount of the grants
would be determined by the amount of funds that remain after
the core deployment grants have been made and by the number of
States that request an expanded deployment grant. The maximum
expanded deployment grant that may be given to a State in a
fiscal year would be $1 million. Only States that have
completed core deployment would be eligible for an expanded
deployment grant.
Subsection (e) describes the eligibility requirements to
receive these grants. Subsection (f) provides that the Federal
share of grant funds under this section would be 50 percent.
The Federal share for funds used for commercial vehicle
information systems and networks from all eligible sources
would be 80 percent.
Subsection (g) provides definitions for terms used in this
section.
Subsection (h) repeals Section 5209 of TEA 21 that
established the commercial vehicle information systems and
networks program.
Sec. 4110. Safety fitness
As defined in 49 U.S.C. 31132(1), a vehicle is not a
commercial motor vehicle unless it operates in interstate
commerce. One of the implications of the definition is that the
Secretary's authority to determine the safety fitness of CMV
owners and operators encompasses the accident and safety
inspection record of such companies or individuals on
interstate trips, but not on intrastate trips. Most interstate
motor carriers also have substantial intrastate operations.
For purposes of safety, it is artificial and
counterproductive to create two classes of accidents and safety
inspection data--one subject to Federal jurisdiction, the other
not--when both involve the same vehicles, drivers, dispatchers,
mechanics, and safety management controls, and may cause the
same kind of death, injury, or physical damage. In examining a
motor carrier's accident and inspection data, it is often
difficult, and sometimes impossible, to determine whether the
vehicle involved was making an interstate or intrastate trip.
In order to simplify and rationalize the analysis of
accident data and provide a complete picture of the safety of
motor carrier operations, subsection (a) requires the
Secretary, in the course of determining the safety fitness of
commercial motor vehicle (i.e., interstate) owners and
operators, to consider the accident and inspection record of
such owners and operators both on interstate and intrastate
trips.
In addition, owners and operators of commercial motor
vehicles who are determined to be unfit and prohibited from
operating in interstate commerce, would also be prohibited by
subsection (b) from operating commercial motor vehicles in
intrastate commerce until they are able to demonstrate their
fitness.
Subsection (c) would direct the Secretary to place all
interstate operations of a motor carrier out of service if a
State, using the Federal safety fitness standards prescribed
under 49 U.S.C. 31144(b), has placed out of service the
intrastate operations of a carrier that has its principal place
of business in that State.
A Federal safety determination that an interstate motor
carrier is unfit would thus halt both its interstate and
intrastate operations, while a State safety determination that
an intrastate carrier is unfit will halt both its intrastate
and any interstate operations.
This subsection also provides the Secretary the authority
to make grants to the States to conduct new entrant safety
audits. This funding requires no State match; however, if the
Secretary determines that a State is unable to use government
employees to conduct these activities, the Secretary may
utilize the funding to conduct new entrant audits with Federal
resources.
Sec. 4111. Patterns of violations by motor carrier and broker
management
Some motor carrier and brokers managers order, encourage,
or tolerate widespread regulatory violations and, when caught,
declare bankruptcy, rename the company and reshuffle the
managers' titles, sell its assets to a pre-existing shell
corporation owned and managed by the same people, or otherwise
attempt to evade the payment of civil penalties, obscure the
identity of the company and thus its violation record, and
perpetuate a casual indifference to regulatory compliance and
public safety. Although the total number of such managers is
small, their actions create risks disproportionate to their
numbers.
This section would address these problems. It would amend
49 U.S.C. 31135 to authorize the Secretary to suspend, amend,
or revoke the registration of a for-hire motor carrier if any
of its officers has engaged in a pattern or practice of
avoiding compliance, or concealing non-compliance, with Federal
standards. The Secretary could also deny an application to
register as a for-hire motor carrier or broker if any of the
proposed officers of the company has engaged in a pattern of
non-compliance. In this context, ``officer'' means owner, chief
executive officer, chief operating officer, chief financial
officer, safety director, vehicle maintenance supervisor, and
driver supervisor.
This provision would not apply to all officers whose
companies are found to be in violation of the Federal safety
rules. Rather, it is intended to authorize the Secretary
toforce out of the industry those few who have shown unusual and
repeated disregard for compliance.
Sec. 4112. Motor Carrier Research and Technology Program
This section authorizes a comprehensive FMCSA research and
technology program. The goal is to support--through contracts,
cooperative agreements, and grants--research designed to
produce innovative advances in motor carrier, driver, and
passenger safety. Equally critical, however, would be the
transfer of promising results--whether technical or
operational--to potential users and rapid deployment of the
products of research and development.
The Federal share of the cost of activities carried out
under a cooperative research and development agreement could
not exceed 50 percent, except if there is substantial public
interest or benefit, the Secretary could approve a greater
Federal share.
Sec. 4113. International cooperation
This section authorizes the Secretary, and thus the Federal
Motor Carrier Safety Administration (FMCSA), to engage in
international activities. This authority is necessary to aid in
implementing the North American Free Trade Agreement and to
carry on discussions with U.S. trading partners concerning a
variety of safety issues.
Sec. 4114. Performance and registration information systems management
Subsection (a) updates the current statute to more closely
follow how the performance and registration information systems
management (PRISM) program is currently administered.
Subsection (b) establishes a new separate grant program for
PRISM. These grants do not require a State match.
Sec. 4115. Data quality improvement
This section adds language to the current information
systems requirements to ensure that the data FMCSA receives
from the States is timely, accurate, and complete.
Sec. 4116. Driveaway saddlemount vehicles
This section creates a new national standard for the
maximum length of drive-away saddlemount with fullmount vehicle
transporter combinations operated on the Interstate Highway
System.
Sec. 4117. Completion of uniform carrier registration
This section repeals the single state registration system
and requires FMCSA to complete a rule-making for an on-line
registration system to replace the old registration system
originally administered by the Interstate Commerce Commission.
This rule-making must be completed within one year.
Sec. 4118. Registration of motor carriers and freight forwarders
This section harmonizes the jurisdictional reach of the
commercial and the safety statutes by eliminating the
requirement for motor carriers to register if they are not
subject to the Federal motor carrier safety regulations.
Sec. 4119. Deposit of certain civil penalties into Highway Trust Fund
This section amends current law by requiring the deposit of
all civil penalties collected from motor carriers for
violations of the Federal insurance requirements into the
Highway Trust Fund, other than the Mass Transit Account.
Sec. 4120. Outreach and education
This section authorizes the Secretary to conduct an
outreach and education program through the FMCSA and NHTSA to
promote highway safety. Elements of the program shall include a
comprehensive national effort to educate commercial motor
vehicle and passenger vehicle drivers about how to share the
road safely with each other, as well as an emphasis on traffic
enforcement aimed at reducing the most common driving behaviors
that cause or contribute to crashes, similar to such programs
as ``Click It or Ticket'' and drunk driving awareness
campaigns. The Secretary is required to provide an annual
report each year demonstrating the programs and activities
carried out under this section.
The Committee has significantly increased the funding for
the outreach and education program currently conducted by
FMCSA, but with this legislation, the outreach program will be
jointly managed by FMCSA and NHSTA. Although, the Committee
believes a strong enforcement program is important for
improving commercial motor vehicle and highway safety,
combining enforcement activities with a robust outreach and
education program is necessary to maximize the results. Also,
consistent with the recommendations in the U.S. General
Accounting Office report GAO-03-680, the Committee recommends
that the outreach and education activities conducted by FMCSA
are directly linked to the program's goal and establish a
systematic process for evaluating the effectiveness of the
program.
Sec. 4121. Insulin-treated diabetes mellitus
This section requires the Secretary to allow individuals
who use insulin to treat their diabetes to operate commercial
motor vehicles in interstate commerce without requiring the
individual to have experience operating a commercial motor
vehicle while using insulin.
The Committee directs FMCSA to issue a final rule to amend
the current exemption program to allow individuals who use
insulin to treat their diabetes to operate commercial motor
vehicles in interstate commerce that is consistent with the
findings of the expert medical panel report issued in July
2000. That report concluded that individuals could be qualified
to operate a commercial motor vehicle following a one- to two-
month period of adjustment to insulin use. This provision is
intended to preempt FMSCA's notice of final disposition issued
September 3, 2003, which requires an individual to have three
years of experience operating a commercial motor vehicle in
intrastate commerce while using insulin for treatment of
diabetes before the individual could qualify to drive in
interstate commerce. According to the American Diabetes
Association, approximately 20 States do not have an intrastate
exemption program for insulin-dependent commercial drivers,
therefore, these drivers would never be able to meet the
Federal requirement to drive in interstate commerce. The
Committee is concerned that by issuing a notice of final
disposition that is inconsistent with the finding of FMCSA's
own expert medical panel, qualified drivers may not be able to
get employment.
Sec. 4122. Grant program for commercial motor vehicle operators
This section would establish a grant program to train
drivers and future drivers of commercial motor vehicles to
operate such vehicles in a safe manner.
Sec. 4123. Commercial Motor Vehicle Safety Advisory Committee
This section requires the establishment of a commercial
motor vehicle safety advisory committee to provide advice and
recommendations on a range of commercial motor vehicle safety
issues. Members are appointed by the Secretary and include
representatives of industry, drivers, safety advocates,
manufacturers, safety enforcement officials, representatives of
law enforcement agencies from border States, and other
individuals affected by rulemakings. No one interest may
constitute a majority. The advisory committee should provide
advice to the Secretary on commercial motor vehicle safety
regulations and other matters relating to activities and
functions of the FMCSA.
Sec. 4124. Safety Data Improvement Program
This section establishes a grant program to the States
dedicated to improving the quality and timeliness of the data
provided to the Secretary. Prior to receiving a grant under
this section, the State must complete an audit of its safety
data system and develop a plan recognizing the needs and goals
for improving its safety data system. The Secretary must
provide a report every two years on the results of the program
carried out under this section.
The Safety Data Improvement program is intended to address
safety data problems identified in the DOT Inspector General's
audit of the FMSCA database. FMSCA's limited resources require
focusing on the motor carriers who are considered most ``at
risk''. In order to do this, the data FMCSA uses for selecting
carriers must be accurate, and timely. The Committee is
concerned that without additional funding, the States may have
trouble improving their data reporting.
Sec. 4125. Commercial driver's license information system improvements
This section creates a grant program to be used to
modernize the commercial driver's license information system
(CDLIS). Since the creation of the CDLIS, improvements to the
database and operability of the system have not kept up with
improvements in technology. This program will help to modernize
the system and improve the State licensing and Federal
enforcement personnel's ability to access the necessary
information.
This section also allows the Secretary to conduct a pilot
project in 3 States to evaluate a program for sharing
information about all drivers' licenses, both commercial and
non-commercial, between States.
Sec. 4126. Maximum hours of service for operators of ground water well
drilling rigs
For operators of commercial motor vehicles transporting
ground water well drilling rigs, this section preserves the 24-
hour restart provision enacted in the NHS designation act and
provides that no additional off-duty time (greater than 10
hours) shall be required to operate the vehicle.
Sec. 4127. Safety performance history screening
In order to improve motor carrier safety, this provision
requires the Secretary to provide companies conducting pre-
employment screening services for motor carrier employers,
electronic access to commercial motor vehicle accident reports
involving a driver-applicant that are collected and maintained
by the Federal Motor Carrier Safety Administration in its Motor
Carrier Management Information System. The accidents reported
to FMCSA must meet the accident definition found in 49 CFR
390.5. This provision also requires the Secretary to provide
electronic access to roadside safety inspection reports
involving a driver-applicant that resulted in a serious driver-
related safety violation. This electronic access may be
accomplished only after the prospective employer obtains
written consent of the driver applicant. This safety compliance
and performance information is unique to FMCSA's Motor Carrier
Management Information System and, therefore, is not found on
any other national database. Prohibiting the release of this
driver safety information unless expressly authorized or
required by law protects driver privacy. The Secretary may
require a fee from companies conducting pre-employment
screening services, to cover necessary administrative costs to
implement this screening service.
Sec. 4128. Intermodal chassis roadability rule-making
This section directs the Secretary to initiate a rule-
making to ensure that equipment used to transport intermodal
chassis is safe. The rule-making must be completed no later
than 1 year after enactment of this bill and must address a way
to identify the equipment owner, a civil penalty structure, a
petition process, and an inspection system.
Sec. 4129. Substance abuse professionals
This section requires the Secretary to update the current
regulatory definition of a substance abuse professional to
include State licensed or certified mental health counselors,
as well as, individuals certified as addiction specialists by
the American Academy of Healthcare Providers in the Addictive
Disorders.
Sec. 4130. Interstate van operations
This section directs the Secretary to extend the Federal
motor carrier safety regulations found in 49 Code of Federal
Regulations, Parts 387, 390 through 399 to all operations of
commercial motor vehicles designed to transport between nine
and fifteen passengers (including the driver), regardless of
their operational distance. This section is intended to amend
the final rule issued by the DOT on August 12, 2003.
The Committee intends the Secretary to address this
situation through the rule-making process. As part of the rule-
making, the Secretary shall amend the final rule addressing
commercial motor vehicles transporting nine to fifteen
passengers to specifically exempt vanpool operations as defined
by section 132(f) of the Internal Revenue Code. The rule-making
shall also exempt stretch sedan limousines that are designed to
seat nine to fifteen passengers. The rule-making would not
exempt SUV stretch limousines, or super stretch sedan
limousines that are designed to seat sixteen or more passengers
(including the driver).
Sec. 4131. Hours of service for operators of utility service vehicles
This section provides an exemption for drivers of utility
service vehicles from Federal, State, and local laws, rules,
regulations, or standards that limit the number of hours
operators of utility service vehicles may remain on duty.
Sec. 4132. Technical corrections
Subsection (a) adds the Administrator as a member of the
Intermodal Transportation Advisory Board.
Subsection (b) changes the reference from ``Regional
Director'' to ``Field Administrator'', that position's correct
title since the creation of the FMCSA in the Motor Carrier
Safety Improvement Act of 1999.
Subtitle B--Household Goods Transportation
Oversight of the interstate household goods moving industry
had been the responsibility of the Interstate Commerce
Commission (ICC) prior to the ``sun-setting'' of the ICC by the
ICC Termination Act of 1995. Most Federal oversight
responsibilities for the transportation of household goods were
transferred to the FHWA and later transferred to the FMCSA upon
enactment of MCSIA in 1999. FHWA and then FMCSA, focused their
limited resources on their primary mission of highway safety,
rather than on consumer protection. The lack of Federal
oversight has permitted unscrupulous ``rogue'' household goods
movers to exploit this regulatory gap.
Subtitle B of title IV of this bill is intended to provide
greater protection to consumers shipping their household goods
via motor carrier. However, the provisions in Subtitle B of
title IV of this bill only relate to the movement of household
goods motor carriers and brokers. For purposes of this
subtitle, `household goods motor carrier' means a carrier that
provides as part of its transportation services the
inventorying, packing, unpacking, loading, and unloading of
household goods.
Sec. 4201. Federal-State relations relating to transportation of
household goods
This section confers authority to a State Attorney General
of any state to bring a civil action on behalf of its residents
in an appropriate district court of the United States to compel
a motor carrier to relinquish possession of a household goods
shipment, to pay a civil penalty assessed under section 14915.
For purposes of bringing any civil action under this
section, nothing in this section shall prevent a State Attorney
General from exercising the powers conferred on the attorney
general by the laws of such State to conduct investigations or
to administer oaths or to compel the attendance of witnesses or
the production of documentary and other evidence.
Whenever a civil action has been instituted on a defendant
by, or on behalf of, the Secretary for violation of any
provision specified in this section, a State may not institute
a civil action under this section.
A civil action under this section may be brought in the
district in which the defendant is found, resides, or transacts
business or whenever venue is proper under section 1391 of
title 28.
This section would allow State attorneys general to pursue
civil penalties in any appropriate district court of the United
States in cases where a ``rogue mover'' committed repeated
violations of holding household goods hostage. This ability to
enforce Federal law by State officials will be a huge step
towards improving the consumer protection that has been lacking
since the termination of the ICC, and will help augment the
limited Federal resources currently available. Although, this
additional power may be seen by some as an infringement on the
long-standing ``Carmack'' amendment, the Committee was careful
not to touch upon any more than was necessary to ensure proper
enforcement at the State level.
Sec. 4202. Arbitration requirements
This section requires household goods carriers to offer
shippers arbitration on all matters related to loss and damage,
as well as, including disputes about charges. This section also
increases the threshold for binding arbitration from $5,000 to
$10,000. These two changes will provide the consumer with more
options for settling disputes when they arise.
Sec. 4203. Civil penalties relating to household goods brokers and
unauthorized transportation
This section creates civil penalties for household goods
brokers who provide estimates prior to entering into a contract
with a household goods mover. This section also creates a civil
penalty for anyone who transports household goods in interstate
commerce without having the authority to conduct that activity.
Sec. 4204. Penalties for holding household goods hostage
This section creates penalties, both civil and criminal,
for anyone who holds a person's household goods hostage once
full payment (up to 110% of the estimate) has been made. The
civil penalty for holding household goods hostage shall not be
less than $10,000, and if the person holding the goods hostage
is a motor carrier, the carrier's operating authority will be
suspended for 6 months. The criminal penalty for holding
household goods hostage is up to $250,000 and two years
imprisonment.
This legislation codifies existing regulations that require
a carrier to give up possession of a household goods shipment
provided the shipper pays the mover 100 percent of a binding
estimate of the charges, or 110 percent of a non-binding
estimate of the charges.
One of the most important parts of Subtitle B of Title IV,
is the new definition and penalties for the practice of holding
household goods hostage. This situation arises when a household
goods motor carrier informs the shipper that the charges for
shipping or unloading the shipper's possessions have double,
tripled, or even quadrupled, and the only way the carrier will
unload the goods is upon payment of these higher charges. These
actions, conducted primarily by ``rogue movers'', have gone
largely unchecked in recent years. With the addition of civil
penalties, and for egregious violations, criminal penalties,
Federal and State enforcement personnel have tremendous powers
to prosecute these individuals.
Sec. 4205. Working group for development of practices and procedures to
enhance federal-state relations
This section would require the Secretary of Transportation
to create a working group of State attorney generals, State
consumer protection administrators and Federal and local law
enforcement officials for the purpose of developing uniform
enforcement procedures with respect to interstate
transportation of household goods.
Sec. 4206. Consumer handbook on DOT Web site
This section requires the Secretary of Transportation to
publish a handbook about consumer's rights in readily
understandable language and display it prominently on the DOT
Web site.
Sec. 4207. Release of household goods broker information
This section requires the Secretary to modify the
regulations to require household goods brokers to provide
shippers, or potential shippers, with information about the
motor carriers the broker uses, the broker's DOT identification
number, the general information handbook, and a statement that
the broker is not a motor carrier.
The Committee intends to deter the current practice of some
brokers who advertise over the Internet, providing a low
estimate without seeing the items to be shipped, then trying to
find a carrier to transport the household goods without regard
to the rate the broker quoted the shipper.
Sec. 4208. Consumer complaint information
This section requires the Secretary to establish a system
for logging consumer complaints about household goods movers in
a database that will be accessible to the public. This section
also requires the Secretary to establish a way for carriers to
correct any incorrect information on the database. The
Secretary is encouraged to use this information when
determining which carriers should be the subject of a
commercial investigation.
Sec. 4209. Insurance regulations
This section directs the Secretary to review current
regulatory requirements regarding insurance coverage provided
by household goods motor carriers to shippers. The review
should determine whether the current regulations provide
adequate protection, whether the shipper should purchase
insurance as opposed to the carrier, and whether there are
abuses of the current regulations that leave shippers
unprotected.
Sec. 4210. Estimating requirements
This section requires household goods motor carriers to
provide written estimates for shipments of household goods.
When providing these estimates, the motor carrier must conduct
a physical survey of the household goods to be transported. A
shipper may waive the on-site survey, but a copy of the waiver
must accompany the estimate and remain as an addendum to the
bill of lading.
This section also provides definitions of binding, and non-
binding, estimates. The binding estimate guarantees the total
cost of the move based upon the quantities and services shown
on the estimate.
Sec. 4211. Application of state consumer protection laws to certain
household goods carriers
This section requires the GAO to conduct a study of the
impact on motor carriers and shippers of household goods if
State attorneys general and consumer protection agencies were
allowed to enforce their State consumer protection laws and
regulations with respect to interstate transportation of
household goods. The GAO shall provide a report to Congress on
the results of this study within 18 months of the date of
enactment of this Act.
TITLE V--RESEARCH
Subtitle A--Funding
Sec. 5101. Authorization of appropriations
This section provides authorizations for each of the
programs in the Research Title. The Surface Transportation
Research Program and the Technology Deployment program, which
were separate programs in the Transportation Equity Act for the
21st Century (TEA 21), are now merged into one program--the
Surface Transportation Research, Development, and Deployment
Program.
Sec. 5102. Obligation ceiling
This section establishes the obligation ceiling for fiscal
years 2004 through 2009.
Subtitle B--Research, Technology, and Education
Sec. 5201. Research, technology and education
This section establishes basic principles for
transportation research, including the federal responsibility
and role, stakeholder input, competition, and performance
review. This section provides the Secretary with authority to
enter into cooperative agreements and establishes a mechanism
to facilitate ``pooled funding'' of projects when several
states wish to fund a research project of common interest to
those states. One of the principles governing research and
technology investments directs that the Federal highway
research program would become more oriented toward exploratory
advanced research. The 20-year Long-Term Pavement Performance
Program, initiated in the late 1980's will be continued to its
conclusion in 2009. The role and function of the Turner-
Fairbank Highway Research Center is codified in law.
Sec. 5202. Long-Term Bridge Performance Program; Innovative Bridge
Research and Deployment Program
A 20-year Long-Term Bridge Performance Program, modeled on
the Long-Term Pavement Performance Program, is established. An
Innovative Bridge Research and Deployment program to
demonstrate innovative designs and construction methods for the
construction, repair and rehabilitation of bridges is
established.
Sec. 5203. Surface Transportation Environment and Planning Cooperative
Research Program
A new research program is created to study the interaction
between transportation and the environment. The program will be
managed and administered by the National Academy of Sciences.
An Advisory Committee, appointed by the Secretary, and with a
balanced membership representing transportation and
environmental perspectives, will recommend the national
research agenda for this program.
Sec. 5204. Technology deployment
An Innovative Pavement Research and Deployment program to
demonstrate innovative pavement technologies, practices and
performance is established. The goals of this program include
new, cost-effective designs to extend pavement life and
performance, and the reduction of both initial cost and life-
cycle cost of pavements. A Safety Innovation Deployment Program
is established to foster the deployment and evaluation of
safety technologies and innovations at State and local levels.
Sec. 5205. Training and education
The National Highway Institute--the training office of the
Federal Highway Administration--is continued and the general
topics for courses that it develops and administers are
specified. The Local Technical Assistance program is authorized
for fiscal years 2004-2009. The federal share for State LTAP
grant recipients is up to 50 percent and the share for tribal
technical assistance centers is 100 percent. Federal law is
revised to allow states to spend NHS, IM, STP, CMAQ, and Bridge
funds for transportation workforce development, training, and
education. The federal share is 100 percent for the workforce
development activities.
Sec. 5206. Freight planning capacity building
A Freight Planning Capacity Building Program is established
to improve the capabilities of Metropolitan Planning
Organizations (MPOs) and other planning agencies in
transportation planning for freight.
Sec. 5207. Advanced Travel Forecasting Procedures Program
TRANSIMS is a state-of-the-art travel forecasting model
that will have special utility for large MPOs in areas with air
quality problems. Funding grants to states and MPOs will
support deployment of this forecasting model.
Sec. 5208. National Cooperative Freight Transportation Research Program
The National Academy of Sciences will manage and administer
a freight transportation research program. The program's
purpose is to discover improved ways to provide surface
transportation mobility for freight movement. An Advisory
Committee will be appointed by the Academy and will include a
representative cross-section of freight stakeholders. The
Advisory Committee is directed to recommend a national research
agenda for this program.
Sec. 5209. Future Strategic Highway Research Program
This section establishes the Future Strategic Highway
Research Program (F-SHRP), which is to be carried out by the
National Academy of Sciences. F-SHRP is modeled on the
Strategic Highway Research Program that was established by
Congress in 1987. TEA-21 directed that a study be conducted to
determine the research agenda for a new strategic highway
research program. F-SHRP will carry out the recommendations
made by the study and will focus on four specific research
areas--renewal of aging highway infrastructure, human factors
related to highway safety, reducing highway congestion, and
planning and designing new highway capacity. Projects and
researchers will be selected to conduct research for the
program on the basis of merit and open solicitation of
proposals.
Sec. 5210. Transportation safety information management system project
Funding is provided over two years to develop a software
system that will link driver licensing, vehicle registration,
roadway inventory, and motor carrier databases. The purpose of
this system is to more easily identify the cause of accidents,
injuries, and fatalities, so that appropriate countermeasures
can be developed.
Sec. 5211. Surface transportation congestion relief solutions research
initiative
Two independent research programs are established to assist
State DOTs and MPOs in measuring and addressing surface
transportation congestion problems. These research programs
will focus on the effectiveness of Congestion Management
Systems and identify the best methods for acquiring and
reporting congestion information. Funding is included for
technical assistance and training.
Sec. 5212. Motor carrier efficiency study
This section provides funding for a study of the use of
wireless technology to improve the safety and productivity of
motor carrier freight transportation. The study will assess use
of wireless technologies in fuel monitoring and management,
electronic document imaging, border pre-clearance systems,
Radio Frequency Identification technology, electronic manifest
systems, and cargo theft prevention.
Subtitle C--University Transportation Research; Scholarship
Opportunities
sec. 5301. national university transportation centers
This section provides for national university
transportation centers and states that the role of such centers
shall be to advance significantly transportation research on
critical national transportation issues and to expand the
workforce of transportation professionals.
Sec. 5302. University transportation research
This section provides for grants to be made to University
Transportation Centers (UTCs). Funding is made available to ten
Regional University Transportation Centers, which are Centers
that currently receive funding from an ongoing UTC program.
Funding is made available for each of ten Tier I Centers, which
were identified in TEA-21 and were subsequently successful in a
competition. Ten Tier II Centers will be selected by a
competitive process.
The purpose of UTCs is to advance significantly the state-
of-the-art in transportation research and expand the workforce
of transportation professionals through research, education and
technology transfer. Regional UTCs, Tier I Centers, and Tier II
Centers will all be subject to competitive selection every four
years and all institutions must meet eligibility criteria to
qualify for competition. The research and education activities
of each Center must support a national strategy for surface
transportation research. Each Center must match each dollar of
federal grant funds with one dollar of local funds.
Sec. 5303. Transportation Scholarship Opportunities Program
This section allows the Secretary to establish a
scholarship program to attract qualified students for
transportation-related critical jobs.
Subtitle D--Advanced Technologies
Sec. 5401. Advanced Heavy-Duty Vehicle Technologies Research Program
Section 5401 directs the Secretary to conduct research,
development, demonstration and testing on advanced heavy-duty
vehicle technologies. The Secretary shall consult with the
Secretary of Energy and the EPA Administrator. Projects must
have a cost share of at least 50 percent from non-federal
sources.
Sec. 5402. Commercial remote sensing products and spatial information
technologies
This section directs the Secretary, in cooperation with
NASA and a consortium of university research centers, to carry
out a program to validate commercial remote sensing products
and spatial information technologies for application to
transportation infrastructure.
Subtitle E--Transportation Data and Analysis
Sec. 5501. Bureau of Transportation Statistics
This section provides for the appointment of the Director
of the Bureau of Transportation Statistics (BTS) and defines
the Director's responsibilities. The National Transportation
Library is retained as part of BTS's activities. Several
provisions are included on the collection of freight data,
including a requirement for mandatory response by corporations
to BTS requests for data. Safeguards are provided to prevent
disclosure of freight data that can be identified with any
corporation or individual. An Advisory Council on
Transportation Statistics is established.
Subtitle F--Intelligent Transportation Systems Research
Sec. 5601. Short title
The short title is ``Intelligent Transportation Systems Act
of 2004''
Sec. 5602. Goals and purposes
The goals and purposes of the Intelligent Transportation
Systems Program are articulated. While the wording is different
from TEA 21, the substance is similar.
Sec. 5603. General authorities and requirements
This section grants the Secretary authority to use an
advisory committee to carry out this subtitle.
Sec. 5604. National architecture and standards
The Secretary is directed to develop, implement and
maintain a national architecture for Intelligent Transportation
Systems, as well as the supporting standards and protocols, to
promote the widespread use of Intelligent Transportation
Systems. The Secretary shall designate a panel of experts to
advise the Secretary on ways to expedite development of
standards. Any Intelligent Transportation Systems projects that
use Highway Trust Fund monies shall conform to the national
architecture and applicable standards.
Sec. 5605. Research and development
The Secretary is directed to carry out a comprehensive
Intelligent Transportation Systems research, development, and
operational test program with priority given to enhancing
mobility and productivity, enhancing safety, and integration of
vehicle and infrastructure technologies.
Sec. 5606. Infrastructure development
This section states that funds made available in this
subtitle shall be used for ITS infrastructure and not for
conventional highway and transit infrastructure.
Sec. 5607. Definitions
This section defines key terms, including ITS, Intelligent
Transportation Infrastructure, National Architecture, Standard,
and Transportation Systems Management and Operations.
Sec. 5608. Rural Interstate Corridor communications study
This section provides funding for a study on the
feasibility of installing fiber optic cabling and wireless
communication infrastructure along Interstate route corridors
for improved communications services to rural communities.
Sec. 5609. Repeal
The Intelligent Transportation Systems subtitle in TEA 21
is repealed and replaced by the sections 5601-5607 described
above.
TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY
Sec. 6001. Transportation Planning
This section creates a new chapter 52 in title 49 to
address transportation planning and environmental review for
transportation projects. Existing planning provisions for
highway (sections 134 and 135 in title 23) and transit programs
(sections 5303-5305 in title 49) are combined to form a unified
planning title. Minor adjustments are made to eliminate
inconsistencies and to reflect updated terminologies and
practices.
The section also extends the update cycle of metropolitan
long-range transportation plans from 3 years under current
regulation to 4 years. It extends the update cycle of
metropolitan transportation improvement programs (TIPs) from 2
years under current law to 4 years. It requires MPOs to include
in their TIPs projects that are designed to meet the set-aside
requirements (for a portion of a state's annual apportionments
for NHS, CMAQ, STP, Interstate Maintenance, and Bridge
programs) for congestion relief activities as mandated under
section 139 of title 23.
The section similarly extends the update cycle of state
transportation improvement programs from 2 years to 4 years. It
requires the state transportation improvement program to
reflect the priorities for congestion relief activities that
are included in the metropolitan TIPs.
SUBCHAPTER A--GENERAL PROVISIONS
Sec. 5201. Definitions
Definitions would include definitions used in chapter 52.
SUBCHAPTER B--TRANSPORTATION PLANNING
Sec. 5211. Policy
This section is consistent with section 134 of title 23,
United States Code and metropolitan planning provisions in
sections 5303 and 5304 of title 49, United States Code.
Sec. 5212. Definitions
Definitions from section 101(a) of title 23 and section
5302 are applicable to this subchapter. In subsection (b) are
six definitions used in this subchapter are listed. These
include metropolitan planning area, metropolitan planning
organization, non-metropolitan area, non-metropolitan local
official, TIP, and urbanized area.
Sec. 5213. Metropolitan transportation planning
Subsection (a) describes the general requirements for
metropolitan transportation planning. More specifically, it
directs MPOs, in cooperation with States and public
transportation operators, to develop long-range plans and
transportation improvement programs. These plans and
Transportation Improvement Programs (TIPs) will encompass all
modes of transportation and will be intermodal in nature.
Subsection (b) specifies the method by which MPOs are
designated. Every city with a population of more than 50,000
people will have an MPO either by agreement between the
Governor and local officials representing at least 75 percent
of the affected population or in accordance with State and
local law. Each MPO will consist of local officials, officials
of major local metropolitan transportation agencies and
appropriate State officials. Once an MPO is designated, it will
remain so designated until it is redesignated under the
procedures outlined in Section 5213(b)(5) or (6).
Subsection (c) describes the methods for determining the
boundaries of metropolitan planning areas that do not cross
State lines. This subsection is consistent with section 134(c)
of title 23, United States Code.
Subsection (d) outlines methods for coordinating the
planning process between responsible parties in metropolitan
areas spanning two or more states. The Secretary will encourage
Governors and members of multi-state MPOs to partake in
interstate compacts consenting to cooperate in efforts to
mutually assist interstate activities as well as establishing
joint transportation agencies. The requirements in current law
section 134(d)(4) of title 23, United States Code, regarding
coordination of the design and delivery of transportation
services provided by recipients of assistance under chapter 53,
title 49 of current law or by government agencies or non-profit
organizations are moved to subsection (e)(3).
Subsection (e) involves coordination and consultation
between MPOs in the event of jurisdictional conflicts. This
must occur in cases in which more than one MPO has jurisdiction
over an area or an area is designated as a nonattainment area
for ozone or carbon monoxide under the Clean Air Act.
Coordination between MPOs will also occur if a transportation
improvement funded by the Highway Trust Fund (HTF) runs through
more than one MPO.
Section 5213(e)(3) is a new provision that provides that,
if a planned project has a substantial impact outside a single
metropolitan planning area or State, or if the project is
located in more than one area or State, it will be coordinated
directly with the affected MPOs and States. Also, when planning
new projects, the Secretary will encourage each MPO to consult
with officials involved in planning activities that are
affected by transportation in the area. These affected
activities include such things as State and local planned
growth, economic development, environmental protection, airport
operations, and freight movements.
Section (f) outlines the goals and objectives MPOs should
strive to attain when planning area transportation projects.
Projects should support economic vitality, increase the safety
and security of the transportation system, increase
accessibility and mobility for both people and freight, protect
and enhance the environment, promote integration between the
various modes of transportation, as well as maintaining
efficiency of the current transportation system. This
subsection also states that failure to consider any and all of
the objectives described in Section 5213(f)(1) may not be
reviewed by any court.
Subsection (g) details the contents of transportation plans
and the process MPOs must follow when developing such plans.
5213(g)(1), unlike current law, specifies that MPOs must
prepare and update their transportation plans no less
frequently than every 4 years. (The current law update cycle is
``according to a schedule that the Secretary determines to be
appropriate,'' which has been determined by regulation to be
every 3 years in nonattainment or maintenance areas and every 5
years in attainment areas.)
Subsection (h) details the contents of metropolitan
transportation improvement programs (TIPs) and the process MPOs
must follow when developing TIPs. Included in each TIP should
be a funding estimate, a priority project list, a description
of each project, and a financial plan. TIPs will be published
for public comment. Unlike current law 134(h)(1)(D), this
subsection specifically details that TIPs must be updated at
least every 4 years, as opposed to every 2 years under current
law. Two portions of this subsection are new. The project
descriptions 5213(h)(2)(C) and the inclusion of a listing of
congestion relief activities 5213(h)(2)(D) as described in
section 139(h) of title 23, United States Code.
Subsection (i) involves transportation management areas,
which are defined as urbanized areas with a population over
200,000. The transportation plans in these areas are based on a
continuing and comprehensive planning process carried out by
the MPO. Congestion management is achieved through the use of
travel demand reduction and operational management strategies.
Congestion relief activities under section 139 of title 23 are
also to be used. The Secretary must certify that the planning
process for each transportation management area is being
carried out in accordance with Federal law no less than every 4
years. This is a change from current law, which mandates
certification every 3 years. The Secretary has the authority to
withhold up to 20% of the funds attributable to the MPO.
5213(i)(5)(C)(iii) concerning the feasibility of private
enterprise participation.
Subsection (j) gives the Secretary the authority to provide
an abbreviated transportation plan and a TIP for a metropolitan
planning area if deemed appropriate, except if the metropolitan
planning area is in nonattainment for ozone or carbon monoxide
under the Clean Air Act.
Subsection 134(k) of current law concerning funds for
highways and transit being transferred to the Secretary in
accordance with title 23 has been deleted, because the
transferability provisions contained in section 104(k) of title
23 already apply to all transfers of highway funds to transit,
and to the transfer of transit funds to highways.
Subsection (k) is consistent with subsection 134(l) of
current law, and states that a metropolitan planning area
classified as nonattainment for ozone and carbon monoxide under
the Clean Air Act may not receive funds for any highway project
that will result in a significant increase in single-occupant
vehicles. The only exception would be if the project were
addressed through a congestion management process.
Subsection (l) is consistent with subsection 134(m) of
current law. This section states that MPOs do not have the
authority to impose legal requirements on any transportation
facility, provider, or project not eligible under title 23,
United States Code or chapter 53 of title 49, United States
Code.
Subsection (m) is consistent with section 134(n) of title
23 and specifies that funding for the metropolitan
transportation planning shall be provided section 104(f) of
title 23 or and under 5338(c) of title 49, United States Code.
Subsection 134(n) is consistent with existing law
subsection 5213(n). It restates current methods of review for
projects included in plans and programs under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Sec. 5214. Statewide transportation planning
Subsection 5214(b) is consistent with subsection 135(b) of
title 23, but adds the phrase: ``with Statewide trade and
economic development planning activities and related multi-
State planning efforts,'' after ``areas of the State and'' to
recognize the importance of trade and economic development in
each State and with other States; and adds a new paragraph
``(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42 U.S.C.
7401 et seq.)
Subsection 5214(c) is a new subsection that allows States
to enter into compacts or agreements for the purpose of formal
planning cooperation and coordination, since some projects are
multi-state in nature.
Subsection 5214(d) regarding the scope of the planning
process (under existing section 135(c)) is amended by adding
the phrase ``and implementing projects and services'' would
after ``strategies'' to reflect the concept that not only
projects, but also transportation services, are developed
through the planning process. In section 5214(d)(1)(A), the
term ``non-metropolitan areas'' is inserted into this factor
after ``States,'' to require States to consider economic
vitality for rural areas. (``Non-metropolitan areas'' have been
defined in a recent amendment to the joint FHWA/FTA planning
regulations.)
Subsection 5214(f) corresponds to 135(e) in title 23. In
subsection 5214(f)(3)(A), after the phrase ``users of public
transportation'' the sentence ``representatives of users of
pedestrian walkways and bicycle transportation facilities,
representatives of the disabled'' is added to the list of
interested parties.
Subsection 5214(g), regarding statewide transportation
improvement programs, is consistent with subsection 135(f) of
title 23, United States Code. This subsection has been
reorganized and includes a few deletions. Section
135(f)(1)(B)(ii)(II) required that States submit to the
Secretary, within one year of TEA-21's passage, the details of
their consultation process with non-metropolitan officials.
This requirement has been accomplished, so the provision has
been eliminated. Subsection 5214(g)(4)(H) is a newportion
concerning the transportation improvement program reflecting the
priorities for congestion relief from section 139 of current law.
Subsection 5214(g)(5) combines 135(f)(3)(A) and (B) of current law.
This subsection, concerning project selection in areas with populations
of less than 50,000 people, adds projects from state-managed public
transportation programs authorized under sections 5310, 5311, 5316, and
5317 of title 49, United States Code to the list of projects to be
selected from the TIP by the State in consultation with affected local
metropolitan transportation officials. Subsection 5214(g)(6) states
that the Secretary must approve a transportation improvement program at
least every 4 years, as opposed to a biennial review mandated in
current law.
In subsection (h), funding for statewide transportation
planning is provided under subsection 104(i) of title 23 and
under section 5338(c) of title 49, United States Code.
Subsections 5214(i) and 5214(j) are identical to existing
law subsections 135(h) and 135(i), respectively.
Sec. 6002. Efficient environmental reviews for project decisionmaking
This Project Development Procedures section establishes
comprehensive project development procedures for projects that
require the approval of the U.S. Department of Transportation.
These procedures must be followed for all projects that require
preparation of an environmental impact statement (EIS) under
NEPA and may be followed for any project that involves
preparation of an environmental assessment (EA) or categorical
exclusion (CE). The decision about whether to use these
procedures for EA or CE projects is committed to the discretion
of the Secretary of Transportation, acting in consultation with
the project sponsor.
Sec. 6003. Policy on historic sites
This section amends section 303 of title 49 and section 138
of title 23 to provide that requirements under such section(s)
are deemed to be satisfied if an agreement under section 106 of
the National Historic Preservation Act concludes that a
transportation program or project will not have an adverse
effect on an historic site, unless the Advisory Council on
Historic Preservation determines that using the section 106
consultation procedure to satisfy the requirements of such
sections is inconsistent with the objectives of such Act.
Sec. 6004. Exemption of interstate system
This section provides that the Interstate System itself
shall not be considered a historic site for purposes of 23
U.S.C. Sec. 138 or 49 U.S.C. Sec. 303(c)--the laws commonly
known as ``Section 4(f).'' This section allows individual
elements of the Interstate System to be considered historic
sites for purposes of Section 4(f), if those elements possess
an independent feature of historic significance.
It clarifies that a state is able to carry out
construction, maintenance, restoration, and rehabilitation
activities for such elements after complying with section 303
of title 49 or section 138 of title 23, as applicable, and
section 106 of the National Historic Preservation Act.-
TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
Sec. 7001. Amendment of Title 49, United States Code
This section establishes that any reference to a section or
other provision shall be considered a section or provision of
title 49, United States Code, unless otherwise specified.
Sec. 7002. Findings and purpose
This section establishes the Congressional findings of the
hazardous materials title, and updates and clarifies the
purpose of chapter 51.
Sec. 7003. Definitions
This section modifies the definition of ``commerce'' to
include transportation on a U.S.-registered aircraft anywhere
in the world. This section also defines the term ``Secretary''
as the Secretary of Transportation, except where otherwise
indicated.
Sec. 7004. General regulatory authority
This section updates the terminology used to describe the
materials the Secretary should designate as hazardous, as well
as the terminology describing the transportation, and
transportation-related, activities regulated by the DOT. This
section amends current law to ensure that persons who design
and inspect packages (or components of packages) are subject to
the hazardous materials regulations. This section also
clarifies that the hazardous materials regulations apply to
persons who prepare or accept hazardous materials for
transportation in commerce.
Sec. 7005. Chemical or biological materials
This section requires the Secretary to develop uniform
standards governing the collection of information, transmission
and review of the information for completing background checks
on individuals transporting hazardous materials, and
notification to those individuals of the results of the
background checks. It also requires that drivers from Canada
and Mexico who are transporting hazardous materials in the U.S.
undergo similar background checks as those conducted on U.S.
drivers who transport hazardous materials.
Sec. 7006. Representation and tampering
This section updates the language in current law without
changing the scope of the law.
Sec. 7007. Technical amendments
This section provides technical amendments to update the
terminology in current law.
Sec. 7008. Training of certain employees
This section amends section 5107(f) of current law
(redesignated in the bill as section 5107(g)) by deleting the
reference to section 5108(a)-(g)(1) and (h), and section 5109,
but retains the provision in current law that states that an
action of the Secretary under subsections (a)-(d) of this
section and section 5106 of this title is not an exercise of
statutory authority, under section 4(b)(1) of the Occupational
Safety and Health Act of 1970, to prescribe or enforce
standards or regulations affecting occupational safety or
health.
This section also codifies the existing practice of
providing hazardous materials training to maintenance-of-way
employees and railroad signalmen.
Sec. 7009. Registration
This section amends the current law to include those
persons who design and inspect hazardous materials packages, or
package components, as persons required to register with the
Secretary. This change is consistent with the updated language
in Section 7004 concerning persons who are subject to the
hazardous materials regulations.
Section 5108(g) is amended to require the Secretary to
establish and collect a registration fee sufficient to cover
the costs of processing the registration and that the Secretary
must collect a fee at least large enough to cover processing
costs from all entities otherwise exempted from paying the
registration fee. This section reduces the maximum fee the
Secretary may assess from $5,000 to $3,000.
This section also requires the Administrator of RSPA to
transmit the annual registration information required in
section 5108 for motor carriers to the FMCSA. The Committee
intends to ensure that FMCSA has the most up-to-date
information on motor carriers that transport hazardous
materials and expects the transmittal of information to be done
as expeditiously as possible.
Sec. 7010. Providing shipping papers
This section requires that each person who prepares a
shipping paper must make the disclosures that the Secretary
prescribes by regulation.
This section amends section 5110 to extend the time period
shippers and carriers are required to retain shipping papers.
Under current law, shippers and carriers are required to retain
the shipping papers for one year after the hazardous material
is no longer in transportation. This section requires shippers
and carriers to retain shipping paper for two years after the
shipping paper is prepared.
Sec. 7011. Rail tank cars
This section repeals section 5111, which permits a rail car
built before January 1, 1971, to be used for hazardous
materials transportation only if the air brake equipmentsupport
attachments of the car comply with the standard for attachments
contained in 49 CFR 179.100-16 and 179.200-19.
Sec. 7012. Unsatisfactory safety ratings
This section amends section 5113 to provide that a motor
carrier owner or operator transporting hazardous materials in
commerce who, upon review of an unfavorable fitness
determination, is determined by the Secretary to be ``unfit''
is subject to the civil penalties in section 5123 and the
criminal penalties set forth in section 5124.
Sec. 7013. Training curriculum for the public sector
This section updates the training curriculum to include
appropriate emergency response training and planning programs
developed with all Federal assistance, not just those under
Federal grant programs.
This section also makes the Secretary responsible for
distribution and publication of the training curriculum.
Sec. 7014. Planning and training grants, monitoring, and review
This section amends section 5116(b)(4) to require the
Secretary to consider the report established in section 7022 of
this bill when determining a State or Indian tribes' emergency
response funding needs.
This section also establishes the Secretary of
Transportation as the lead for monitoring public sector
emergency response planning and training. It also establishes a
new account within the Treasury specifically for hazardous
materials emergency preparedness.
This section also allows the Secretary to use funds
collected from the annual registration fees to publish and
distribute the Emergency Response Guidebook.
Sec. 7015. Special permits and exclusions
This section would clarify that the Secretary may issue a
special permit to any person who performs a function regulated
under section 5103(b)(1).
This section would increase the maximum renewal period of
special permits from two years to four years, except that
special permits issued related to highway routing of hazardous
materials are only renewable for a two-year period.
Sec. 7016. Uniform forms and procedures
This section requires the Secretary to establish a working
group to develop uniform forms and procedures for States to
register and issue permits to persons who transport, or cause
to be transported, hazardous materials in the State. The
working group is required to develop a report of its
recommendations for the Secretary to consider when issuing
regulations to carry out a uniform State registration system.
The working group is prohibited from proposing to limit any fee
that a State may impose or collect.
Sec. 7017. International uniformity of standards and requirements
This section amends current law to reflect that the
Secretary may have additional international requirements, in
addition to current international standards, that need to be
met.
Sec. 7018. Administrative
This section amends section 5121 to provide for enhanced
authority to discover hidden shipments of hazardous materials
and to clarify and enhance the inspection and enforcement
authority of DOT officials and inspection personnel, thereby
enabling them to more effectively identify hazardous materials
shipments and to determine whether those shipments are made in
accordance with the hazardous materials regulations. This
proposal would expand DOT inspection authority to authorize a
designated DOT officer or employee to: access, open, and
examine a package (except for the packaging immediately
adjacent to the hazardous materials contents) offered for or in
transportation when the officer or employee has an objectively
reasonable and articulable belief that the package may contain
a hazardous material; remove from transportation a package or
related packages in a shipment when the officer or employee has
an objectively reasonable and articulable belief that the
package or packages may pose an imminent hazard and
contemporaneously documents that belief; gather information
from the shipper, packaging manufacturer or retester, or others
responsible for the package to determine the nature and hazards
of the contents of the package; as necessary, order the
shipper, packaging manufacturer or retester, or others
responsible for the package to have the package transported to,
opened, and the contents analyzed at an appropriate facility;
and authorize properly qualified personnel to assist in the
package opening and examination when safety might otherwise be
compromised.
This section also amends current law to require the
Secretary to develop procedures to assist in the safe
resumption of transportation of the package and transport unit
when an inspection or investigation does not result in
discovery of an imminent hazard. This section directs the
Secretary to develop expedited procedures for hazardous
materials that are perishable.
The Committee believes strongly that DOT officials, law
enforcement and inspection personnel must have the tools
necessary to accurately determine whether hazardous materials
are being transported safely and in accordance with the
relevant law and regulations. To that end, the Committee
supports the use of new technologies, such as the Hazmat
Trucking Enforcer, that enable inspectors to conduct hazardous
materials inspections in a more effective manner and to respond
swiftly to any incident involving hazardous materials. The
Committee notes that States must be in substantial compliance
with a number of requirements under 49 U.S.C. 31102 as a
condition of receiving MCSAP funding, including requirements to
deploy technology to enhance the efficiencyand effectiveness of
commercial motor vehicle safety programs under 49 U.S.C 31102(b)(1)(A),
as amended.
This section would also repeal a requirement that the
Secretary maintain 30 hazardous materials safety inspectors
more than the number authorized at the end of fiscal year 1990.
The RSPA currently maintains inspectors in excess of this
requirement.
Sec. 7019. Enforcement
This section amends section 5122 to clarify the types of
judicial relief, including a temporary or permanent injunction,
punitive damages, and assessment of civil penalties, available
to be granted in an action brought by the Attorney General.
Subsection (b) is amended for clarity by changing the word
``ameliorate'' to ``mitigate.''
Sec. 7020. Civil penalty
This section amends section 5123 to increase the maximum
civil penalty from $27,500 to $50,000 for each violation of a
law or regulation under Chapter 51. In those cases resulting in
death, serious illness, severe injury to any person, or
substantial destruction of property, the Secretary would be
able to increase the maximum penalty to $100,000.
Sec. 7021. Criminal penalty
Section 5124 would be revised to include a new ``reckless''
standard and to define the ``knowing,'' ``reckless,'' and
``willful'' mental-state standards necessary to establish a
criminal violation. Section 5124(a) would be amended to provide
that a person who knowingly, willfully, or recklessly violates
chapter 51 or a regulation, order, special permit, or approval
issued under that chapter, is subject to a fine imposed under
title 18 and/or imprisonment of not more than 5 years. In cases
where a violation involves the release of a hazardous material
that results in death or bodily injury to any person, the
maximum term of imprisonment is 10 years.
Section 5124(c) defines a ``willful'' violation as when the
person has knowledge of the facts giving rise to the violation
and the person has knowledge that the conduct was unlawful.
Section 5124(d) defines a ``reckless'' violation as when a
person displays a deliberate indifference or conscious
disregard for the consequences of his or her conduct.
Sec. 7022. Preemption
This section strikes section 5125(f) regarding judicial
review. Judicial review is addressed by the revisions provided
in section 7024 of this bill.
This section also adds language to ensure that when the
preemption test required by this section is conducted, each
requirement is independent in their application to the State or
Indian tribe.
Sec. 7023. Relationship to other laws
This section updates the language in the current law
without changing the scope.
Sec. 7024. Judicial review
This section adds a new section 5127 providing for judicial
review of final actions taken by the Secretary under chapter
51. This provision establishes the appropriate judicial forum
for review of final agency actions in the areas of compliance,
enforcement, civil penalties, rulemaking, and preemption.
Under this proposal, the U.S. Court of Appeals for the
District of Columbia or the U.S. Court of Appeals for the U.S.
circuit in which a person seeking review resides or has his or
her principal place of business would review the final action.
The petition for review must be filed within 60 days after
issuance of the order. The section describes judicial
procedures, the authority of the court, and a requirement for
prior objection.
Sec. 7025. Authorization of appropriations
This section provides funding for the DOT to implement the
programs and grants established and required in chapter 51 for
fiscal years 2004 through 2007.
Sec. 7026. Determining amount of undeclared shipments of hazardous
materials entering the United States
This section requires the GAO to conduct a study to propose
methods to determine the amount of undeclared shipments of
hazardous materials entering the United States.
Sec. 7027. Conforming amendments
This section provides conforming amendments necessary for
the changes made in Title VII.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE
Sec. 8001. Policy
This section retains the principles of guaranteed funding
levels and budgetary firewalls for the federal-aid highways
program, Federal Motor Carrier Safety Administration, the trust
fund portion of the National Highway Traffic Safety
Administration, and the general fund and trust fund portion of
the Federal Transit Administration.
The Committee ordered the bill reported with the
expectation that additional language would be proposed jointly
by the Committee on Transportation and Infrastructure and the
Committee on the Budget to address RABA and to propose a new
approach to RABA that would prevent future wide fluctuations in
adjustments each year.
Legislative History and Committee Consideration
H.R. 3550 was introduced by Chairman Don Young, Ranking
Minority Member Jim Oberstar, Subcommittee Chairman Tom Petri,
and Subcommittee Ranking Minority Member William Lipinski and
69 cosponsors on November 20, 2003 and referred to the
Committee on Transportation and Infrastructure. The Committee
on Transportation and Infrastructure met on March 24, 2004 and
adopted by voice vote, an amendment in the nature of a
substitute offered by Subcommittee Chairman Tom Petri.
Subsequently by unanimous voice vote, the Committee approved
and ordered the bill favorably reported to the House.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each roll call vote on a motion
to report and on any amendment offered to the measure or
matter, and the names of those members voting for and against.
There were no recorded votes taken.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report. Such a cost estimate will be included in a supplemental
report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office that
will be included in a supplemental report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
provide for a safe, efficient, and improved surface
transportation system.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee references the cost estimate for H.R. 3550 from the
Director of the Congressional Budget Office that will be
included in a supplemental report.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee will provide the estimate of federal mandates
prepared by the Director of the Congressional Budget Office
pursuant to section 423 of the Unfunded Mandates Reform Act in
a supplemental report. (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 3550 does not
preempt any state, local, or tribal law.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act. (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 23, UNITED STATES CODE
* * * * * * *
HIGHWAYS
Chap. Sec.
1. Federal-Aid Highways....................................... 101
* * * * * * *
[5. Research and Technology................................... 501]
5. Research, Technology, and Education........................ 501
6. Infrastructure and Finance................................. 601
CHAPTER 1--FEDERAL-AID HIGHWAYS
[SUBCHAPTER I--GENERAL PROVISIONS]
Sec.
101. Definitions and declaration of policy.
* * * * * * *
139. Motor vehicle congestion relief.
* * * * * * *
150. Deployment of intelligent transportation systems.
* * * * * * *
165. Construction of ferry boats and ferry terminal facilities.
166. Transportation systems management and operations.
167. HOV facilities.
* * * * * * *
[SUBCHAPTER II--INFRASTRUCTURE FINANCE
[181. Definitions.
[182. Determination of eligibility and project selection.
[183. Secured loans.
[184. Lines of credit.
[185. Project servicing.
[186. State and local permits.
[187. Regulations.
[188. Funding.
[189. Report to Congress.]
[SUBCHAPTER I--GENERAL PROVISIONS]
Sec. 101. Definitions and declaration of policy
(a) Definitions.--In this title, the following definitions
apply:
(1) * * *
* * * * * * *
(3) Construction.--The term ``construction'' means
the supervising, inspecting, actual building, and
incurrence of all costs incidental to the construction
or reconstruction of a highway, including bond costs
and other costs relating to the issuance in accordance
with section 122 of bonds or other debt financing
instruments and costs incurred by the State in
performing Federal-aid project related audits that
directly benefit the Federal-aid highway program. Such
term includes--
(A) * * *
* * * * * * *
(G) improvements that directly facilitate and
control traffic flow, such as grade separation
of intersections, widening of lanes,
channelization of traffic, traffic control
systems, and passenger loading and unloading
areas; [and]
(H) capital improvements that directly
facilitate an effective vehicle weight
enforcement program, such as scales (fixed and
portable), scale pits, scale installation, and
scale houses[.]; and
(I) surface transportation workforce
development, training, and education.
* * * * * * *
(17) Operating costs for traffic monitoring,
management, and control.--The term ``operating costs
for traffic monitoring, management, and control''
includes labor costs, administrative costs, costs of
utilities and rent, and other costs associated with
transportation systems management and operations and
the continuous operation of traffic control, such as
integrated traffic control systems, incident management
programs, and traffic control centers.
(18) Operational improvement.--The term ``operational
improvement''--
(A) means (i) a capital improvement for
transportation systems management and
operations, including installation of traffic
surveillance and control equipment,
computerized signal systems, motorist
information systems, integrated traffic control
systems, incident management programs,
equipment and programs for transportation
response to natural disasters, and
transportation demand management facilities,
strategies, and programs, and (ii) such other
capital improvements to public roads as the
Secretary may designate, by regulation; and
* * * * * * *
(30) Safety improvement project.--The term ``safety
improvement project'' means a project that corrects or
improves high hazard locations, eliminates roadside
obstacles, improves highway signing and pavement
marking, installs priority control systems for
emergency vehicles at signalized intersections,
installs or replaces emergency motorist aid call boxes,
installs fluorescent, yellow-green signs at pedestrian
or bicycle crossings or school zones, or installs
traffic control or warning devices at locations with
high accident potential.
* * * * * * *
[(2)] (38) Motor vehicle.--The term ``motor vehicle''
means a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public streets,
roads, and highways, but does not include a vehicle
operated exclusively on a rail or rails.
(39) Transportation systems management and
operations.--
(A) In general.--The term ``transportation
systems management and operations'' means an
integrated program to optimize the performance
of existing infrastructure through the
implementation of multimodal and intermodal,
cross-jurisdictional systems, services, and
projects designed to preserve capacity and
improve the security, safety, and reliability
of Federal-aid highways.
(B) Included activities and improvements.--
The term includes regional operations
collaboration and coordination activities
between transportation and public safety
agencies and improvements such as traffic
detection and surveillance, arterial
management, freeway management, demand
management, work zone management, emergency
management, electronic toll collection,
automated enforcement, traffic operations
measures to improve capacity, traffic signal
coordination, optimization of traffic signal
timing, traffic incident management, roadway
weather management, traveler information
services, commercial vehicle operations,
traffic control, freight management, and
coordination of highway, rail, transit,
bicycle, and pedestrian operations.
(b) It is hereby declared to be in the national interest to
accelerate the construction of the Federal-aid highway systems,
including the National System of Interstate and Defense
Highways, since many of such highways, or portions thereof, are
in fact inadequate to meet the needs of local and interstate
commerce, for the national and civil defense.
* * * * * * *
[It is further declared that since the Interstate System is
now in the final phase of completion it shall be the national
policy that increased emphasis be placed on the construction
and reconstruction of the other Federal-aid systems in
accordance with the first paragraph of this subsection, in
order to bring all of the Federal-aid systems up to standards
and to increase the safety of these systems to the maximum
extent.] It is further declared that it is in the national
interest to preserve and enhance the Dwight D. Eisenhower
National System of Interstate and Defense Highways to meet the
Nation's needs for the 21st century. The current urban and long
distance personal travel and freight movement demands have
surpassed the vision of the original Interstate System and
travel demand patterns are expected to change. Continued
planning for and investment in the Interstate System is
critical to assure it adequately meets the changing travel
demands of the future. Among the foremost needs that the
Interstate System must provide are safe, efficient, and
reliable (1) national and interregional personal mobility, (2)
flow of interstate commerce, and (3) travel movements essential
for national security. To the maximum extent, actions under
this title should address congestion, safety, and freight
transportation to provide for a strong and vigorous national
economy. The Interstate System is hereby declared to be the
Nation's premiere highway system, essential for the Nation's
economic vitality, national security, and general welfare. The
Secretary of Transportation is directed to take appropriate
actions to preserve and enhance the Interstate System to meet
the needs of the 21st century in accordance with this title.
* * * * * * *
Sec. 102. Program efficiencies
[(a) HOV Passenger Requirements.--
[(1) In general.--A State transportation department
shall establish the occupancy requirements of vehicles
operating in high occupancy vehicle lanes; except that
no fewer than 2 occupants per vehicle may be required
and, subject to section 163 of the Surface
Transportation Assistance Act of 1982, motorcycles and
bicycles shall not be considered single occupant
vehicles.
[(2) Exception for inherently low-emission
vehicles.--Notwithstanding paragraph (1), before
September 30, 2003, a State may permit a vehicle with
fewer than 2 occupants to operate in high occupancy
vehicle lanes if the vehicle is certified as an
Inherently Low-Emission Vehicle pursuant to title 40,
Code of Federal Regulations, and is labeled in
accordance with, section 88.312-93(c) of such title.
Such permission may be revoked by the State should the
State determine it necessary.]
[(b)] (a) Access of Motorcycles.--No State or political
subdivision of a State may enact or enforce a law that applies
only to motorcycles and the principal purpose of which is to
restrict the access of motorcycles to any highway or portion of
a highway for which Federal-aid highway funds have been
utilized for planning, design, construction, or maintenance.
Nothing in this subsection shall affect the authority of a
State or political subdivision of a State to regulate
motorcycles for safety.
[(c)] (b) Engineering Cost Reimbursement.--If on-site
construction of, or acquisition of right-of-way for, a highway
project is not commenced within [10 years (or such longer
period as the State requests and the Secretary determines to be
reasonable) after] 10 years (or such longer period as the State
requests and the Secretary determines to be reasonable) after
the date on which Federal funds are first made available, out
of the Highway Trust Fund (other than Mass Transit Account),
for preliminary engineering of such project, the State shall
pay an amount equal to the amount of Federal funds made
available for such engineering. The Secretary shall deposit in
such Fund all amounts paid to the Secretary under this section.
* * * * * * *
Sec. 103. Federal-aid systems
(a) * * *
(b) National Highway System.--
(1) * * *
* * * * * * *
(6) Eligible projects for nhs.--Subject to approval
by the Secretary, funds apportioned to a State under
section 104(b)(1) for the National Highway System may
be obligated for any of the following:
(A) * * *
* * * * * * *
(Q) Capital, operating, and systems
maintenance costs for transportation systems
management and operations.
(c) Interstate System.--
(1) * * *
* * * * * * *
(5) Exemption of interstate system.--
(A) In general.--Except as provided in
subparagraph (B), the Interstate System shall
not be considered to be a historic site under
section 303 of title 49 or section 138 of this
title, regardless of whether the Interstate
System or portions of the Interstate System are
listed on, or eligible for listing on, the
National Register of Historic Places.
(B) Individual elements.--Subject to
subparagraph (C), a portion of the Interstate
System that possesses an independent feature of
historic significance (such as a historic
bridge or a highly significant engineering
feature) that is listed on, or eligible for
listing on, the National Register of Historic
Places, shall be considered to be a historic
site under section 303 of title 49 or section
138 of this title, as applicable.
(C) Construction, maintenance, restoration,
and rehabilitation activities.--Subparagraph
(B) does not prohibit a State from carrying out
construction, maintenance, restoration, or
rehabilitation activities for a portion of the
Interstate System referred to in subparagraph
(B) upon compliance with section 303 of title
49 or section 138 of this title, as applicable,
and section 106 of the National Historic
Preservation Act of 1966 (16 U.S.C. 470f).
(d) Transfer of Interstate Construction Funds.--
(1) Interstate construction funds not in surplus.--
(A) * * *
(B) Effect of transfer.--Upon transfer of an
amount under subparagraph (A), the construction
on which the amount is based, as included in
the most recent Interstate System cost
estimate, shall not be eligible for funding
under section 104(b)(5)(A) (as in effect on the
day before the date of enactment of the
Transportation Equity Act for the 21st Century)
or 118(c).
* * * * * * *
Sec. 104. Apportionment
(a) Administrative Expenses.--
[(1) In general.--Whenever an apportionment is made
of the sums made available for expenditure on each of
the surface transportation program under section 133,
the bridge program under section 144, the congestion
mitigation and air quality improvement program under
section 149, the Interstate and National Highway System
program, the minimum guarantee program under section
105, the Federal lands highway program under section
204, or the Appalachian development highway system
program under section 14501 of title 40, the Secretary
shall deduct a sum, in an amount not to exceed--
[(A) 1\1/6\ percent of all sums so made
available, as the Secretary determines
necessary--
[(i) to administer the provisions of
law to be financed from appropriations
for the Federal-aid highway program and
programs authorized under chapter 2;
and
[(ii) to make transfers of such sums
as the Secretary determines to be
appropriate to the Appalachian Regional
Commission for administrative
activities associated with the
Appalachian development highway system;
and
[(B) one-third of 1 percent of all sums so
made available, as the Secretary determines
necessary, to administer the provisions of law
to be financed from appropriations for motor
carrier safety programs and motor carrier
safety research.
[(2) Consideration of unobligated balances.--In
making the determination described in paragraph (1),
the Secretary shall take into account the unobligated
balance of any sums deducted under this subsection in
prior fiscal years.]
(1) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) for purposes described in
paragraph (2) $390,000,000 for fiscal year 2004,
$395,000,000 for fiscal year 2005, $395,000,000 for
fiscal year 2006, $395,000,000 for fiscal year 2007,
$395,000,000 for fiscal year 2008, and $400,000,000 for
fiscal year 2009.
(2) Use of funds.--The amounts authorized to be
appropriated by paragraph (1) are authorized for the
following purposes:
(A) To administer the provisions of law to be
financed from appropriations for the Federal-
aid highway program and programs authorized
under chapter 2.
(B) To make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for
administrative activities associated with the
Appalachian development highway system.
(3) Availability.--The [sum deducted under] amounts
authorized to be appropriated by paragraph (1) shall
remain available until expended.
(4) Limitation on transferability.--Unless expressly
authorized by law, the Secretary may not transfer any
[sums deducted under] amounts authorized to be
appropriated by paragraph (1) to a Federal agency or
entity other than the Federal Highway Administration
[and the Federal Motor Carrier Safety Administration].
(b) Apportionments.--On October 1 of each fiscal year, the
Secretary, after making [the deduction authorized by subsection
(a) and] the set-aside authorized by subsection (f), shall
apportion the remainder of the sums authorized to be
appropriated for expenditure on the Interstate and National
Highway System program, the Congestion Mitigation and Air
Quality Improvement program, and the Surface Transportation
program for that fiscal year, among the several States in the
following manner:
(1) National highway system component.--
(A) In general.--For the National Highway
System (excluding funds apportioned under
paragraph (4)), [$36,400,000 for each fiscal
year] $40,000,000 for fiscal year 2004,
$40,000,000 for fiscal year 2005, $40,000,000
for fiscal year 2006, $50,000,000 for fiscal
year 2007, $50,000,000 for fiscal year 2008,
and $50,000,000 for fiscal year 2009 to the
Virgin Islands, Guam, American Samoa, and the
Commonwealth of Northern Mariana Islands,
[$18,800,000 for each of fiscal years 1998
through 2002] $20,000,000 for fiscal year 2004
and $30,000,000 for each of fiscal years 2005
through 2009 for the Alaska Highway, and the
remainder apportioned as follows:
(i) * * *
* * * * * * *
(d) Operation Lifesaver and High Speed Rail Corridors.--
(1) Operation lifesaver.--Before making an
apportionment under [subsection (b)(3) of this section]
section 130(f) for a fiscal year, the Secretary shall
set aside [$500,000] $600,000 for such fiscal year for
carrying out a public information and education program
to help prevent and reduce motor vehicle accidents,
injuries, and fatalities and to improve driver
performance at railway-highway crossings.
(2) Railway-highway crossing hazard elimination in
high speed rail corridors.--
(A) In general.--Before making an
apportionment of funds under subsection (b)(3)
for a fiscal year, the Secretary shall set
aside [$5,250,000] $7,500,000 for each of
fiscal years 2004 and 2005, $10,000,000 for
each of fiscal years 2006 and 2007, and
$15,000,000 for each of fiscal years 2008 and
2009 of the funds made available for the
surface transportation program for the fiscal
year for elimination of hazards of railway-
highway crossings.
* * * * * * *
(E) Certain improvements.--[Not less than
$250,000 of such set-aside] Of such set-aside,
not less than $875,000 for each of fiscal years
2004 and 2005, $1,500,000 for each of fiscal
years 2006 and 2007, and $2,750,000 for each of
fiscal years 2008 and 2009 shall be available
[per fiscal year] for eligible improvements to
the Minneapolis/St. Paul-Chicago segment of the
Midwest High Speed Rail Corridor.
* * * * * * *
(f) Metropolitan Planning.--
(1) Set-aside.--On October 1 of each fiscal year, the
Secretary[, after making the deduction authorized by
subsection (a) of this section,] shall set aside not to
exceed 1 percent of the [remaining] funds authorized to
be appropriated for expenditure upon programs
authorized under this title, for the purpose of
carrying out the requirements of section 134 of this
title.
* * * * * * *
(4) Distribution of funds within states.--The
distribution within any State of the planning funds
made available to agencies under paragraph (3) of this
subsection shall be in accordance with a formula
developed by each State and approved by the Secretary
which shall consider but not necessarily be limited to,
population, status of planning, attainment of air
quality standards, metropolitan area transportation
needs, and other factors necessary to provide for an
appropriate distribution of funds to carry out the
requirements of section 134 and other applicable
requirements of Federal law. Such distribution of funds
to metropolitan planning organizations shall be made
within 30 days of the date of receipt of such funds
from the Secretary.
* * * * * * *
(h) Recreational Trails Program.--
(1) Administrative costs.--Whenever an apportionment
is made of the sums authorized to be appropriated to
carry out the recreational trails program under section
206, the Secretary shall deduct an amount, not to
exceed 1\1/2\ percent of the sums authorized, to cover
the cost to the Secretary for administration of and
[research and technical assistance under the
recreational trails program and for administration of
the National Recreational Trails Advisory Committee]
research, technical assistance, and training under the
recreational trails program. The Secretary may enter
into contracts with for-profit organizations or
contracts, partnerships, or cooperative agreements with
other government agencies, institutions of higher
learning, or nonprofit organizations to perform these
tasks.
* * * * * * *
(i) Audits of Highway Trust Fund.--From administrative funds
[deducted] authorized to be appropriated under subsection (a),
the Secretary may reimburse the Office of Inspector General of
the Department of Transportation for the conduct of annual
audits of financial statements in accordance with section 3521
of title 31.
* * * * * * *
Sec. 105. Minimum guarantee
(a) General Rule.--For each of fiscal years [1998 through
2003] 2004 through 2009, the Secretary shall allocate among the
States amounts sufficient to ensure that each State's
percentage of the total apportionments for such fiscal year of
Interstate maintenance, national highway system, bridge,
congestion mitigation and air quality improvement, surface
transportation, metropolitan planning, minimum guarantee[, high
priority projects], Appalachian development highway system,
[and recreational trails] recreational trails, coordinated
border infrastructure, freight intermodal connectors, safe
routes to school, highway safety improvement, and high risk
rural road safety improvement programs shall equal the
percentage listed for each State in subsection (b). The minimum
amount allocated to a State under this section for a fiscal
year shall be $1,000,000.
* * * * * * *
(c) Treatment of Funds.--
(1) Programmatic distribution.--The Secretary shall
apportion the amounts made available under this section
that exceed [$2,800,000,000] $2,870,000,000 in fiscal
year 2004, $2,941,750,000 in fiscal year 2005,
$3,015,293,750 in fiscal year 2006, $3,090,676,094 in
fiscal year 2007, $3,167,942,996 in fiscal year 2008,
and $3,247,141,571 in fiscal year 2009 so that the
amount apportioned to each State under this paragraph
for each program referred to in subsection (a) (other
than metropolitan planning, minimum guarantee[, high
priority projects], Appalachian development highway
system, [and recreational trails] recreational trails,
coordinated border infrastructure, freight intermodal
connectors, safe routes to school, highway safety
improvement, and high risk rural road safety
improvement programs) is equal to the amount determined
by multiplying the amount to be apportioned under this
paragraph by the ratio that--
(A) the amount of funds apportioned to each
State for each program referred to in
subsection (a) (other than metropolitan
planning, minimum guarantee, high priority
projects, Appalachian development highway
system, [and recreational trails] recreational
trails, coordinated border infrastructure,
freight intermodal connectors, safe routes to
school, highway safety improvement, and high
risk rural road safety improvement programs)
for a fiscal year; bears to
* * * * * * *
(d) Authorization.--There are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit
Account) such sums as may be necessary to carry out this
section for each of fiscal years [1998 through 2003] 2004
through 2009.
[(e) Special Rule.--If in any of fiscal years 1999 through
2003, the amount authorized under subsection (d) is more than
30 percent higher than the amount authorized under subsection
(d) in fiscal year 1998, the Secretary shall use the
apportionment factors under sections 104 and 144 as in effect
on the date of enactment of this section.]
[(f)] (e) Guarantee [of 90.5] Specified Return.--
(1) In general.--Before making any apportionment
under this title for each of fiscal years [1999 through
2003] 2004 through 2009, the Secretary, subject to
paragraph (2), shall adjust the percentages in the
table in subsection (b) to reflect the estimated
percentage of estimated tax payments attributable to
highway users in each State paid into the Highway Trust
Fund (other than the Mass Transit Account) in the
latest fiscal year for which data is available, to
ensure that no State's percentage return from such
Trust Fund is less than 90.5 percent.
* * * * * * *
Sec. 106. Project approval and oversight
(a) * * *
* * * * * * *
(h) Financial Plan.--A recipient of Federal financial
assistance for a project under this title with an estimated
total cost of [$1,000,000,000] $500,000,000 or more shall
submit to the Secretary an annual financial plan for the
project. The plan shall be based on detailed annual estimates
of the cost to complete the remaining elements of the project
and on reasonable assumptions, as determined by the Secretary,
of future increases in the cost to complete the project.
(i) Use of Excess Funds.--
(1) Audits.--A State may audit projects funded with
amounts apportioned under sections 104 and 144 to
determine whether any amounts obligated for a project
are excess funds.
(2) Plans for use of excess funds.--If a State
determines, after conducting an audit under paragraph
(1), that funds obligated for a project are excess
funds, the State may develop a plan for obligating the
funds for the design and construction of one or more
projects that are eligible for funding under the
program for which the funds were originally
apportioned.
(3) Certification to the secretary.--A State that has
developed a plan under paragraph (2) shall transmit to
the Secretary a certification that the State has
conducted an audit under paragraph (1) and developed
the plan in accordance with paragraph (2).
(4) Implementation of plans.--After transmitting a
certification to the Secretary with respect to a plan
under paragraph (3), the State may carry out the plan.
(5) Applicability of requirements.--Excess funds used
to carry out a project under this section shall be
subject to the requirements of this title that are
applicable to the program for which the funds were
originally apportioned.
(6) Excess funds defined.--In this subsection, the
term ``excess funds'' means funds obligated for a
project that remain available for the project after the
project has been completed.
* * * * * * *
Sec. 109. Standards
(a) * * *
* * * * * * *
[(e) No funds]
(e) Installation of Safety Devices.--
(1) Highway and railroad grade crossings and
drawbridges.--No funds shall be approved for
expenditure on any Federal-aid highway, or highway
affected under chapter 2 of this title, unless proper
safety protective devices complying with safety
standards determined by the Secretary at that time as
being adequate shall be installed or be in operation at
any highway and railroad grade crossing or drawbridge
on that portion of the highway with respect to which
such expenditures are to be made.
(2) Temporary traffic control devices.--No funds
shall be approved for expenditure on any Federal-aid
highway, or highway affected under chapter 2 of this
title, unless proper temporary traffic control devices
to improve safety in work zones will be installed and
maintained during construction, utility, and
maintenance operations on that portion of the highway
with respect to which such expenditures are to be made.
Installation and maintenance of the devices shall be in
accordance with the Manual on Uniform Traffic Control
Devices.
* * * * * * *
Sec. 110. Revenue aligned budget authority
(a) * * *
(b) General Distribution.--The Secretary shall--
(1) determine the ratio that--
(A) the sums authorized to be appropriated
from the Highway Trust Fund (other than the
Mass Transit Account) for each of the [for]
Federal-aid highway and highway safety
construction programs (other than the minimum
guarantee program) and the motor carrier safety
grant program for which funds are allocated
from such Trust Fund by the Secretary under
this title, the Transportation Equity Act for
the 21st Century, and subchapter I of chapter
311 of title 49 for a fiscal year, bears to
* * * * * * *
Sec. 112. Letting of contracts
(a) * * *
(b) Bidding Requirements.--
(1) * * *
* * * * * * *
(3) Design-build contracting.--
(A) * * *
* * * * * * *
[(C) Qualified projects.--A qualified project
referred to in subparagraph (A) is a project
under this chapter for which--
[(i) the Secretary has approved the
use of design-build contracting
described in subparagraph (A) under
criteria specified in regulations
issued by the Secretary; and
[(ii) the total costs are estimated
to exceed--
[(I) in the case of a project
that involves installation of
an intelligent transportation
system, $5,000,000; and
[(II) in the case of any
other project, $50,000,000.]
(C) Qualified projects.--A qualified project
referred to in subparagraph (A) is a project
under this chapter for which the Secretary has
approved the use of design-build contracting
under criteria specified in regulations issued
by the Secretary.
(D) Experimental procurement.--As part of any
experimental program carried out under this
section, the Secretary shall evaluate the use
of procurement procedures under this paragraph
where subjective evaluation criteria account
for the majority of the selection
determination.
(E) Limitation on statutory construction.--
Nothing in this section shall be construed as
effecting the authority to carry out any
experimental program concerning design-build
contracting that is being carried out by the
Secretary on the date of enactment of this
subparagraph.
(F) Report.--Not later than 3 years after the
date of enactment of this subparagraph, the
Secretary shall transmit to Congress a report
on the effectiveness of design-build
contracting procedures in which the majority of
the selection determinations are made based on
subjective criteria in accordance with
subparagraph (D).
[(D)] (G) Design-build contract defined.--In
this paragraph, the term ``design-build
contract'' means an agreement that provides for
design and construction of a project by a
contractor, regardless of whether the agreement
is in the form of a design-build contract, a
franchise agreement, or any other form of
contract approved by the Secretary.
* * * * * * *
[(f) The provisions of this section shall not be applicable
to contracts for projects on the Federal-aid secondary system
in those States where the Secretary has discharged his
responsibility pursuant to section 117 of this title, except
where employees of a political subdivision of a State are
working on a project outside of such political subdivision.]
[(g)] (f) Selection Process.--A State may procure, under a
single contract, the services of a consultant to prepare any
environmental impact assessments or analyses required for a
project, including environmental impact statements, as well as
subsequent engineering and design work on the project if the
State conducts a review that assesses the objectivity of the
environmental assessment, environmental analysis, or
environmental impact statement prior to its submission to the
Secretary.
(g) Temporary Traffic Control Devices.--
(1) Issuance of regulations.--The Secretary, after
consultation with appropriate Federal and State
officials, shall issue regulations establishing the
conditions for the appropriate use of, and expenditure
of funds for, uniformed law enforcement officers,
positive protective measures between workers and
motorized traffic, and installation and maintenance of
temporary traffic control devices during construction,
utility, and maintenance operations.
(2) Effects of regulations.--Based on regulations
issued under paragraph (1), a State shall--
(A) develop separate pay items for the use of
uniformed law enforcement officers, positive
protective measures between workers and
motorized traffic, and installation and
maintenance of temporary traffic control
devices during construction, utility, and
maintenance operations; and
(B) incorporate such pay items into contract
provisions to be included in each contract
entered into by the State with respect to a
highway project to ensure compliance with
section 109(e)(2).
(3) Limitation.--Nothing in the regulations shall be
construed to prohibit a State from implementing
standards that are more stringent than those required
under the regulations.
(4) Positive protective measures defined.--In this
subsection, the term ``positive protective measures''
means temporary traffic barriers, crash cushions, and
other strategies to avoid traffic accidents in work
zones, including full road closures.
* * * * * * *
Sec. 114. Construction
(a) Construction Work In General.--The construction of any
highways or portions of highways located on a Federal-aid
system shall be undertaken by the respective State
transportation departments or under their direct supervision.
[Except as provided in section 117 of this title, such] Such
construction shall be subject to the inspection and approval of
the Secretary. The construction work and labor in each State
shall be performed under the direct supervision of the State
transportation department and in accordance with the laws of
that State and applicable Federal laws. Construction may be
begun as soon as funds are available for expenditure pursuant
to subsection (a) of section 118 of this title. After July 1,
1973, the State transportation department shall not erect on
any project where actual construction is in progress and
visible to highway users any informational signs other than
official traffic control devices conforming with standards
developed by the Secretary of Transportation.
* * * * * * *
(c) Construction Work in Alaska.--
(1) In general.--The Secretary shall ensure that a
worker who is employed on a remote project for the
construction of a highway or portion of a highway
located on a Federal-aid system in the State of Alaska
and who is not a domiciled resident of the locality
shall receive meals and lodging.
(2) Lodging.--The lodging under paragraph (1) shall
be in accordance with section 1910.142 of title 29,
Code of Federal Regulations (relating to temporary
labor camp requirements).
(3) Definitions.--In this subsection, the following
definitions apply:
(A) Remote.--The term ``remote'', as used
with respect to a project, means that the
project is 75 miles or more from the United
States Post Office in either Fairbanks,
Anchorage, Juno, or Ketchikan, Alaska, or is
inaccessible by road in a 2-wheel drive
vehicle.
(B) Resident.--The term ``resident'', as used
with respect to a project, means a person
living within 75 miles of the midpoint of the
project for at least 12 months.
* * * * * * *
Sec. 116. Maintenance
(a) * * *
(b) In any State wherein the State transportation department
is without legal authority to maintain a project constructed on
the Federal-aid secondary system, or within a municipality,
such [highway department] transportation department shall enter
into a formal agreement for its maintenance with the
appropriate officials of the county or municipality in which
such project is located.
* * * * * * *
Sec. 117. High priority projects program
(a) Authorization of High Priority Projects.--The Secretary
is authorized to carry out high priority projects with funds
made available to carry out the high priority projects program
under this section. Of amounts made available to carry out this
section, the Secretary, subject to subsection (b), shall make
available to carry out each project described in section [1602
of the Transportation Equity Act for the 21st Century] 1701 of
the Transportation Equity Act: A Legacy for Users the amount
listed for such project in such section. Any amounts made
available to carry out such program that are not allocated for
projects described in such section shall be available to the
Secretary, subject to subsection (b), to carry out such other
high priority projects as the Secretary determines appropriate.
(b) Allocation Percentages.--For each project to be carried
out with funds made available to carry out the high priority
projects program under this section--
[(1) 11 percent of such amount shall be available for
obligation beginning in fiscal year 1998;
[(2) 15 percent of such amount shall be available for
obligation beginning in fiscal year 1999;
[(3) 18 percent of such amount shall be available for
obligation beginning in fiscal year 2000;
[(4) 18 percent of such amount shall be available for
obligation beginning in fiscal year 2001;
[(5) 19 percent of such amount shall be available for
obligation beginning in fiscal year 2002; and
[(6) 19 percent of such amount shall be available for
obligation beginning in fiscal year 2003.]
(1) 19.6 percent of such amount shall be available
for obligation beginning in fiscal year 2004;
(2) 18.5 percent of such amount shall be available
for obligation beginning in fiscal year 2005;
(3) 16.3 percent of such amount shall be available
for obligation beginning in fiscal year 2006;
(4) 15.3 percent of such amount shall be available
for obligation beginning in fiscal year 2007;
(5) 15.8 percent of such amount shall be available
for obligation beginning in fiscal year 2008; and
(6) 14.5 percent of such amount shall be available
for obligation beginning in fiscal year 2009.
(c) Federal Share.--The Federal share payable on account of
any project carried out with funds made available to carry out
this section shall be 80 percent of the total cost thereof[;
except that the Federal share on account of the project to be
carried out under item 1419 of the table contained in section
1602 of the Transportation Equity Act for the 21st Century (112
Stat. 309), relating to reconstruction of a road and causeway
in Shiloh Military Park in Hardin County, Tennessee, shall be
100 percent of the total cost thereof].
* * * * * * *
(e) Advance Construction.--When a State which has been
delegated responsibility for a project under this section--
(1) has obligated all funds allocated under this
section and section [1602 of the Transportation Equity
Act for the 21st Century] 1701 of the Transportation
Equity Act: A Legacy for Users for such project; and
(2) proceeds to construct such project without the
aid of Federal funds in accordance with all procedures
and all requirements applicable to such project, except
insofar as such procedures and requirements limit the
State to the construction of projects with the aid of
Federal funds previously allocated to it;
the Secretary, upon the approval of the application of a State,
shall pay to the State the Federal share of the cost of
construction of the project when additional funds are allocated
for such project under this section and section [1602 of the
Transportation Equity Act for the 21st Century] 1701 of the
Transportation Equity Act: A Legacy for Users.
* * * * * * *
(g) Availability of Obligation Limitation.--Obligation
authority attributable to funds made available to carry out
this section shall only be available for the purposes of this
section and shall remain available until obligated pursuant to
section 1102(g) of the [Transportation Equity Act for the 21st
Century] Transportation Equity Act: A Legacy for Users.
* * * * * * *
Sec. 118. Availability of funds
(a) * * *
* * * * * * *
[(c) Set-Asides for Interstate Discretionary Projects.--
[(1) In general.--Before any apportionment is made
under section 104(b)(4), the Secretary shall set aside
$50,000,000 in fiscal year 1998 and $100,000,000 in
each of fiscal years 1999 through 2003 for obligation
by the Secretary for projects for resurfacing,
restoring, rehabilitating, and reconstructing any route
or portion thereof on the Interstate System (other than
any highway designated as a part of the Interstate
System under section 139 (as in effect on the day
before the date of enactment of the Transportation
Equity Act for the 21st Century)) and any toll road on
the Interstate System not subject to an agreement under
section 119(e) (as in effect on December 17, 1991).
[(2) Selection criteria.--The amounts set aside under
paragraph (1) shall be made available by the Secretary
to any State applying for such funds if the Secretary
determines that--
[(A) the State has obligated or demonstrates
that it will obligate in the fiscal year all of
its apportionments under section 104(b)(4)
other than an amount that, by itself, is
insufficient to pay the Federal share of the
cost of a project for resurfacing, restoring,
rehabilitating, and reconstructing the
Interstate System that has been submitted by
the State to the Secretary for approval; and
[(B) the applicant is willing and able to--
[(i) obligate the funds within 1 year
of the date the funds are made
available;
[(ii) apply the funds to a ready-to-
commence project; and
[(iii) in the case of construction
work, begin work within 90 days after
obligation.
[(3) Priority consideration for certain projects.--In
selecting projects to fund under paragraph (1), the
Secretary shall give priority consideration to any
project the cost of which exceeds $10,000,000 on any
high volume route in an urban area or a high truck-
volume route in a rural area.
[(4) Period of availability of discretionary funds.--
Sums made available pursuant to this subsection shall
remain available until expended.]
[(d)] (c) Effect of Release of Funds.--Any Federal-aid
highway funds released by the final payment on a project, or by
the modification of the project agreement, shall be credited to
the same program funding category previously apportioned to the
State and shall be immediately available for expenditure.
[(e)] (d) Special Rules.--Funds made available to the State
of Alaska and the Commonwealth of Puerto Rico under this title
may be expended for construction of access and development
roads that will serve resource development, recreational,
residential, commercial, industrial, or other like purposes.
* * * * * * *
Sec. 120. Federal share payable
(a) * * *
* * * * * * *
(e) Emergency Relief.--The Federal share payable on account
of any repair or reconstruction provided for by funds made
available under section 125 of this title on account of any
project on a Federal-aid highway, including the Interstate
System, shall not exceed the Federal share payable on a project
on [such system] such highway as provided in subsections (a)
and (b) of this section; except that (1) the Federal share
payable for eligible emergency repairs to minimize damage,
protect facilities, or restore essential traffic accomplished
within 180 days after the actual occurrence of the natural
disaster or catastrophic failure may amount to 100 percent of
the costs thereof; and (2) the Federal share payable on account
of any repair or reconstruction of forest highways, forest
development roads and trails, park roads and trails, parkways,
public lands highways, public lands development roads and
trails, and Indian reservation roads may amount to 100 percent
of the cost thereof. The total cost of a project may not exceed
the cost of repair or reconstruction of a comparable facility.
As used in this section with respect to bridges and in section
144 of this title, ``a comparable facility'' shall mean a
facility which meets the current geometric and construction
standards required for the types and volume of traffic which
such facility will carry over its design life.
* * * * * * *
(j) Credit for Non-Federal Share.--
(1) Eligibility.--A State may use as a credit toward
the non-Federal share requirement for any funds made
available to carry out this title (other than the
emergency relief program authorized by section 125 and
the Appalachian development highway system program
under section 14501 of title 40) or chapter 53 of title
49 toll revenues that are generated and used by public,
quasi-public, and private agencies to build, improve,
or maintain highways, bridges, or tunnels that serve
the public purpose of interstate commerce. Such public,
quasi-public, or private agencies shall have built,
improved, or maintained such facilities without Federal
funds.
* * * * * * *
Sec. 125. Emergency relief
(a) * * *
* * * * * * *
(c) Funding.--Subject to the following limitations, there are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) such sums as may be
necessary to establish the fund authorized by this section and
to replenish it on an annual basis:
(1) Not more than [$100,000,000] $120,000,000 is
authorized to be obligated in any 1 fiscal year
commencing after September 30, 1980, to carry out the
provisions of this section; except that, if in any
fiscal year the total of all obligations under this
section is less than the amount authorized to be
obligated in such fiscal year, the unobligated balance
of such amount shall remain available until expended
and shall be in addition to amounts otherwise available
to carry out this section each year.
* * * * * * *
Sec. 126. Uniform transferability of Federal-aid highway funds
(a) General Rule.--Notwithstanding any other provision of law
but subject to subsections (b) and (c), if at least 50 percent
of a State's apportionment under section 104 or 144 for a
fiscal year or at least 50 percent of the funds set-aside under
section 133(d) from the State's apportionment under section
104(b)(3) may not be transferred to any other apportionment of
the State under section 104 or 144 for such fiscal year, then
the State may transfer not to exceed 50 percent of such
apportionment or set aside to any other apportionment of such
State under section 104 or 144 for such fiscal year.
(b) Application to Certain Set-Asides.--No funds may be
transferred under this section that are subject [to the last
sentence of section 133(d)(1) or] to section 104(f) or to
[section 133(d)(3)] section 133(d)(2). The maximum amount that
a State may transfer under this section of the State's set-
aside under section 133(d)(1) [or 133(d)(2)] for a fiscal year
may not exceed 25 percent of (1) the amount of such set-aside,
less (2) the amount of the State's set-aside under such section
for fiscal year 1997.
* * * * * * *
Sec. 127. Vehicle weight limitations--Interstate System
(a) In General.--No funds shall be apportioned in any fiscal
year under section 104(b)(1) of this title to any State which
does not permit the use of the National System of Interstate
and Defense Highways within its boundaries by vehicles with a
weight of twenty thousand pounds carried on any one axle,
including enforcement tolerances, or with a tandem axle weight
of thirty-four thousand pounds, including enforcement
tolerances, or a gross weight of at least eighty thousand
pounds for vehicle combinations of five axles or more. However,
the maximum gross weight to be allowed by any State for
vehicles using the National System of Interstate and Defense
Highways shall be twenty thousand pounds carried on one axle,
including enforcement tolerances, and a tandem axle weight of
thirty-four thousand pounds, including enforcement tolerances
and with an overall maximum gross weight, including enforcement
tolerances, on a group of two or more consecutive axles
produced by application of the following formula:
* * * * * * *
where W equals overall gross weight on any group of two or more
consecutive axles to the nearest five hundred pounds, L equals
distance in feet between the extreme of any group of two or
more consecutive axles, and N equals number of axles in group
under consideration, except that two consecutive sets of tandem
axles may carry a gross load of thirty-four thousand pounds
each providing the overall distance between the first and last
axles of such consecutive sets of tandem axles is (1) thirty-
six feet or more, or (2) in the case of a motor vehicle hauling
any tank trailer, dump trailer, or ocean transport container
before September 1, 1989, is 30 feet or more: Provided, That
such overall gross weight may not exceed eighty thousand
pounds, including all enforcement tolerances, except for
vehicles using Interstate Route 29 between Sioux City, Iowa,
and the border between Iowa and South Dakota or vehicles using
Interstate Route 129 between Sioux City, Iowa, and the border
between Iowa and Nebraska, and except for those vehicles and
loads which cannot be easily dismantled or divided and which
have been issued special permits in accordance with applicable
State laws, or the corresponding maximum weights permitted for
vehicles using the public highways of such State under laws or
regulations established by appropriate State authority in
effect on July 1, 1956 except in the case of the overall gross
weight of any group of two or more consecutive axles on any
vehicle (other than a vehicle comprised of a motor vehicle
hauling any tank trailer, dump trailer, or ocean transport
container on or after September 1, 1989), on the date of
enactment of the Federal-Aid Highway Amendments of 1974,
whichever is the greater. Any amount which is withheld from
apportionment to any State pursuant to the foregoing provisions
shall lapse if not released and obligated within the
availability period specified in section [118(b)(1)] 118(b)(2)
of this title. This section shall not be construed to deny
apportionment to any State allowing the operation within such
State of any vehicles or combinations thereof, other than
vehicles or combinations subject to subsection (d) of this
section, which the State determines could be lawfully operated
within such State on July 1, 1956, except in the case of the
overall gross weight of any group of two or more consecutive
axles, on the date of enactment of the Federal-Aid Highway
Amendments of 1974. With respect to State of Hawaii, laws or
regulations in effect on February 1, 1960, shall be applicable
for the purposes of this section in lieu of those in effect on
July 1, 1956. With respect to the State of Colorado, vehicles
designed to carry 2 or more precast concrete panels shall be
considered a nondivisible load. With respect to the State of
Michigan, laws or regulations in effect on May 1, 1982, shall
be applicable for the purposes of this subsection. With respect
to the State of Maryland, laws and regulations in effect on
June 1, 1993, shall be applicable for the purposes of this
subsection. The State of Louisiana may allow, by special
permit, the operation of vehicles with a gross vehicle weight
of up to 100,000 pounds for the hauling of sugarcane during the
harvest season, not to exceed 100 days annually. With respect
to Interstate Route 95 in the State of New Hampshire, State
laws (including regulations) concerning vehicle weight
limitations that were in effect on January 1, 1987, and are
applicable to State highways other than the Interstate System,
shall be applicable in lieu of the requirements of this
subsection. With respect to that portion of the Maine Turnpike
designated Interstate Route 95 and 495, and that portion of
Interstate Route 95 from the southern terminus of the Maine
Turnpike to the New Hampshire State line, laws (including
regulations) of the State of Maine concerning vehicle weight
limitations that were in effect on October 1, 1995, and are
applicable to State highways other than the Interstate System,
shall be applicable in lieu of the requirements of this
subsection.
* * * * * * *
Sec. 130. Railway-highway crossings
(a) * * *
* * * * * * *
(e) Funds for Protective Devices.--
(1) In general.--At least \1/2\ of the funds
authorized for and expended under this section shall be
available for the installation of protective devices at
railway-highway crossings. Sums authorized to be
appropriated to carry out this section shall be
available for obligation in the same manner as funds
apportioned under section 104(b)(1) of this title.
(2) Special rule.--If a State demonstrates to the
satisfaction of the Secretary that the State has met
all its needs for installation of protective devices at
railway-highway crossings, the State may use funds made
available by this subsection for other purposes by this
section.
[(f) Apportionment.--Twenty-five percent of the funds
authorized to be appropriated to carry out this section shall
be apportioned to the States in the same manner as sums are
apportioned under section 104(b)(2) of this title, 25 percent
of such funds shall be apportioned to the States in the same
manner as sums are apportioned under section 104(b)(6) of this
title, and 50 percent of such funds shall be apportioned to the
States in the ratio that total railway-highway crossings in
each State bears to the total of such crossings in all States.
The Federal share payable on account of any project financed
with funds authorized to be appropriated to carry out this
section shall be 90 percent of the cost thereof.]
(f) Apportionment.--
(1) Formula.--Fifty percent of the funds authorized
to be appropriated to carry out this section shall be
apportioned to the States in accordance with the
formula set forth in section 104(b)(3)(A), and 50
percent of such funds shall be apportioned to the
States in the ratio that total public railway-highway
crossings in each State bears to the total of such
crossings in all States.
(2) Minimum apportionment.--Notwithstanding paragraph
(1), each State shall receive a minimum of \1/2\ of 1
percent of the funds apportioned under paragraph (1).
(3) Federal share.--The Federal share payable on
account of any project financed with funds authorized
to be appropriated to carry out this section shall be
90 percent of the cost thereof.
(g) Annual Report.--Each State shall report to the Secretary
not later than December 30 of each year on the progress being
made to implement the railway-highway crossings program
authorized by this section and the effectiveness of such
improvements. Each State report shall contain an assessment of
the costs of the various treatments employed and subsequent
accident experience at improved locations. The Secretary shall
submit a report to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives [not later than
April 1 of each year,], not later than April 1, 2005, and every
2 years thereafter, on the progress being made by the State in
implementing projects to improve railway-highway crossings. The
report shall include, but not be limited to, the number of
projects undertaken, their distribution by cost range, road
system, nature of treatment, and subsequent accident experience
at improved locations. In addition, the Secretary's report
shall analyze and evaluate each State program, identify any
State found not to be in compliance with the schedule of
improvements required by subsection (d) and include
recommendations for future implementation of the railroad
highway crossings program.
* * * * * * *
(k) Expenditure of Funds.--Not more than 2 percent of funds
apportioned to a State to carry out this section may be used by
the State for compilation and analysis of data in support of
activities carried out under subsection (g).
Sec. 131. Control of outdoor advertising
(a) * * *
* * * * * * *
(m) There is authorized to be appropriated to carry out the
provisions of this section, out of any money in the Treasury
not otherwise appropriated, not to exceed $20,000,000 for the
fiscal year ending June 30, 1966, not to exceed $20,000,000 for
the fiscal year ending June 30, 1967, not to exceed $2,000,000
for the fiscal year ending June 30, 1970, not to exceed
$27,000,000 for the fiscal year ending June 30, 1971, not to
exceed $20,500,000 for the fiscal year ending June 30, 1972,
and not to exceed $50,000,000 for the fiscal year ending June
30, 1973. The provisions of this chapter relating to the
obligation, period of availability and expenditure of Federal-
aid primary highway funds shall apply to the funds authorized
to be appropriated to carry out this section after June 30,
1967. Subject to approval by the Secretary [in accordance with
the program of projects approval process of section 105], a
State may use any funds apportioned to it under section 104 of
this title for removal of any sign, display, or device lawfully
erected which does not conform to this section.
* * * * * * *
Sec. 133. Surface transportation program
(a) * * *
(b) Eligible Projects.--A State may obligate funds
apportioned to it under section 104(b)(3) for the surface
transportation program only for the following:
(1) * * *
* * * * * * *
[(13)] (12) Infrastructure-based intelligent
transportation systems capital improvements.
[(14)] (13) Environmental restoration and pollution
abatement projects (including the retrofit or
construction of storm water treatment systems) to
address water pollution or environmental degradation
caused or contributed to by transportation facilities,
which projects shall be carried out when the
transportation facilities are undergoing
reconstruction, rehabilitation, resurfacing, or
restoration; except that the expenditure of funds under
this section for any such environmental restoration or
pollution abatement project shall not exceed 20 percent
of the total cost of the reconstruction,
rehabilitation, resurfacing, or restoration project.
(14) Regional transportation operations collaboration
and coordination activities that are associated with
regional improvements, including activities for traffic
incident management, technology deployment, emergency
management and response, traveler information, and
regional congestion relief.
* * * * * * *
(d) Allocations of Apportioned Funds.--
[(1) For safety programs.--10 percent of the funds
apportioned to a State under section 104(b)(3) for the
surface transportation program for a fiscal year shall
only be available for carrying out sections 130 and 152
of this title. Of the funds set aside under the
preceding sentence, the State shall reserve in such
fiscal year an amount of such funds for carrying out
each such section which is not less than the amount of
funds apportioned to the State in fiscal year 1991
under such section.]
[(2)] (1) For transportation enhancement
activities.--10 percent of the funds apportioned to a
State under section 104(b)(3) for a fiscal year shall
only be available for transportation enhancement
activities.
[(3)] (2) Division between urbanized areas of over
200,000 population and other areas.--
(A) General rule.--Except as provided in
subparagraphs (C) and (D), 62.5 percent of the
remaining [80 percent] 90 percent of the funds
apportioned to a State under section 104(b)(3)
for a fiscal year shall be obligated under this
section--
(i) * * *
* * * * * * *
(B) Special rule for areas of less than 5,000
population.--Of the amounts required [tobe] to
be obligated under subparagraph (A)(ii), the
State shall obligate in areas of the State
(other than urban areas with a population
greater than 5,000) an amount which is not less
than 110 percent of the amount of funds
apportioned to the State for the Federal-aid
secondary system for fiscal year 1991.
* * * * * * *
(D) Noncontiguous states exemption.--
Subparagraph (A) shall not apply to Hawaii and
Alaska.
[(4)] (3) Applicability of planning requirements.--
Programming and expenditure of funds for projects under
this section shall be consistent with the requirements
of sections 134 and 135 of this title.
[(5)] (4) Applicability of certain requirements to
third party sellers.--
(A) * * *
* * * * * * *
(e) Administration.--
(1) * * *
* * * * * * *
(3) Payments.--
(A) * * *
(B) Advance payment option for transportation
enhancement activities.--
(i) In general.--The Secretary may
advance funds to the State for
transportation enhancement activities
funded from the allocation required by
subsection [(d)(2)] (d)(1) for a fiscal
year.
* * * * * * *
(5) Transportation enhancement activities.--
(A) Categorical exclusions.--To the extent
appropriate, the Secretary shall develop
categorical exclusions from the requirement
that an environmental assessment or an
environmental impact statement under section
102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332) be prepared for
transportation enhancement activities funded
from the allocation required by subsection
[(d)(2)] (d)(1).
(B) Nationwide programmatic agreement.--The
Secretary, in consultation with the National
Conference of State Historic Preservation
Officers and the Advisory Council on Historic
Preservation established under title II of the
National Historic Preservation Act (16 U.S.C.
470i et seq.), shall develop a nationwide
programmatic agreement governing the review of
transportation enhancement activities funded
from the allocation required by subsection
[(d)(2)] (d)(1), in accordance with--
(i) * * *
* * * * * * *
(f) Obligation Authority.--
(1) In general.--A State that is required to obligate
in an urbanized area with an urbanized area population
of over 200,000 individuals under subsection (d) funds
apportioned to the State under section 104(b)(3) shall
make available during the period of fiscal years [1998
through 2000] 2004 through 2006 and the period of
fiscal years [2001 through 2003] 2007 through 2009 an
amount of obligation authority distributed to the State
for Federal-aid highways and highway safety
construction programs for use in the area that is equal
to the amount obtained by multiplying--
(A) * * *
* * * * * * *
[Sec. 134. Metropolitan planning
[(a) General Requirements.--
[(1) Findings.--It is in the national interest to
encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility
needs of people and freight and foster economic growth
and development within and through urbanized areas,
while minimizing transportation-related fuel
consumption and air pollution.
[(2) Development of plans and programs.--To
accomplish the objective stated in paragraph (1),
metropolitan
planning organizations designated under subsection (b),
in cooperation with the State and public transit
operators, shall develop transportation plans and
programs for urbanized areas of the State.
[(3) Contents.--The plans and programs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation
systems and facilities (including pedestrian walkways
and bicycle transportation facilities) that will
function as an intermodal transportation system for the
metropolitan area and as an integral part of an
intermodal transportation system for the State and the
United States.
[(4) Process of development.--The process for
developing the plans and programs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
[(b) Designation of Metropolitan Planning Organizations.--
[(1) In general.--To carry out the transportation
planning process required by this section, a
metropolitan planning organization shall be designated
for each urbanized area with a population of more than
50,000 individuals--
[(A) by agreement between the Governor and
units of general purpose local government that
together represent at least 75 percent of the
affected population (including the central city
or cities as defined by the Bureau of the
Census); or
[(B) in accordance with procedures
established by applicable State or local law.
[(2) Structure.--Each policy board of a metropolitan
planning organization that serves an area designated as
a transportation management area, when designated or
redesignated under this subsection, shall consist of--
[(A) local elected officials;
[(B) officials of public agencies that
administer or operate major modes of
transportation in the metropolitan area
(including all transportation agencies included
in the metropolitan planning organization as of
June 1, 1991); and
[(C) appropriate State officials.
[(3) Limitation on statutory construction.--Nothing
in this subsection shall be construed to interfere with
the authority, under any State law in effect on the
date of the enactment of this section, of a public
agency with multimodal transportation responsibilities
to--
[(A) develop plans and programs for adoption
by a metropolitan planning organization; and
[(B) develop long-range capital plans,
coordinate transit services and projects, and
carry out other activities pursuant to State
law.
[(4) Continuing designation.--A designation of a
metropolitan planning organization under this
subsection or any other provision of law shall remain
in effect until the metropolitan planning organization
is redesignated under paragraph (5).
[(5) Redesignation.--
[(A) Procedures.--A metropolitan planning
organization may be redesignated by agreement
between the Governor and units of general
purpose local government that together
represent at least 75 percent of the affected
population (including the central city or
cities as defined by the Bureau of the Census)
as appropriate to carry out this section.
[(B) Certain requests to redesignate.--A
metropolitan planning organization shall be
redesignated upon request of a unit or units of
general purpose local government representing
at least 25 percent of the affected population
(including the central city or cities as
defined by the Bureau of the Census) in any
urbanized area (i) whose population is more
than 5,000,000 but less than 10,000,000, or
(ii) which is an extreme nonattainment area for
ozone or carbon monoxide as defined under the
Clean Air Act. Such redesignation shall be
accomplished using procedures established by
subparagraph (A).
[(6) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning
organization may be designated within an existing
metropolitan planning area only if the Governor and the
existing metropolitan planning organization determine
that the size and complexity of the existing
metropolitan planning area make designation of more
than 1 metropolitan planning organization for the area
appropriate.
[(c) Metropolitan Planning Area Boundaries.--
[(1) In general.--For the purposes of this section,
the boundaries of a metropolitan planning area shall be
determined by agreement between the metropolitan
planning organization and the Governor.
[(2) Included area.--Each metropolitan planning
area--
[(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period; and
[(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
[(3) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the
case of an urbanized area designated as a nonattainment
area for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.), the boundaries of the
metropolitan planning area in existence as of the date
of enactment of this paragraph shall be retained,
except that the boundaries may be adjusted by agreement
of the Governor and affected metropolitan planning
organizations in the manner described in subsection
(b)(5).
[(4) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after the date of enactment of this
paragraph as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning
area--
[(A) shall be established in the manner
described in subsection (b)(1);
[(B) shall encompass the areas described in
paragraph (2)(A);
[(C) may encompass the areas described in
paragraph (2)(B); and
[(D) may address any nonattainment area
identified under the Clean Air Act (42 U.S.C.
7401 et seq.) for ozone or carbon monoxide.
[(d) Coordination in Multistate Areas.--
[(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a
multistate metropolitan area and the appropriate
metropolitan planning organizations to provide
coordinated transportation planning for the entire
metropolitan area.
[(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
[(A) to enter into agreements or compacts,
not in conflict with any law of the United
States, for cooperative efforts and mutual
assistance in support of activities authorized
under this section as the activities pertain to
interstate areas and localities within the
States; and
[(B) to establish such agencies, joint or
otherwise, as the States may determine
desirable for making the agreements and
compacts effective.
[(3) Lake tahoe region.--
[(A) Definition.--In this paragraph, the term
``Lake Tahoe region'' has the meaning given the
term ``region'' in subdivision (a) of article
II of the Tahoe Regional Planning Compact, as
set forth in the first section of Public Law
96-551 (94 Stat. 3234).
[(B) Transportation planning process.--The
Secretary shall--
[(i) establish with the Federal land
management agencies that have
jurisdiction over land in the Lake
Tahoe region a transportation planning
process for the region; and
[(ii) coordinate the transportation
planning process with the planning
process required of State and local
governments under this section, section
135, and chapter 53 of title 49.
[(C) Interstate compact.--
[(i) In general.--Subject to clause
(ii), notwithstanding subsection (b),
to carry out the transportation
planning process required by this
section, the consent of Congress is
granted to the States of California and
Nevada to designate a metropolitan
planning organization for the Lake
Tahoe region, by agreement between the
Governors of the States of California
and Nevada and units of general purpose
local government that together
represent at least 75 percent of the
affected population (including the
central city or cities (as defined by
the Bureau of the Census)), or in
accordance with procedures established
by applicable State or local law.
[(ii) Involvement of federal land
management agencies.--
[(I) Representation.--The
policy board of a metropolitan
planning organization
designated under clause (i)
shall include a representative
of each Federal land management
agency that has jurisdiction
over land in the Lake Tahoe
region.
[(II) Funding.--In addition
to funds made available to the
metropolitan planning
organization under other
provisions of this title and
under chapter 53 of title 49,
not more than 1 percent of the
funds allocated under section
202 may be used to carry out
the transportation planning
process for the Lake Tahoe
region under this subparagraph.
[(D) Activities.--Highway projects included
in transportation plans developed under this
paragraph--
[(i) shall be selected for funding in
a manner that facilitates the
participation of the Federal land
management agencies that have
jurisdiction over land in the Lake
Tahoe region; and
[(ii) may, in accordance with chapter
2, be funded using funds allocated
under section 202.
[(4) Recipients of other assistance.--The Secretary
shall encourage each metropolitan planning organization
to coordinate, to the maximum extent practicable, the
design and delivery of transportation services within
the metropolitan planning area that are provided--
[(A) by recipients of assistance under
chapter 53 of title 49; and
[(B) by governmental agencies and nonprofit
organizations (including representatives of the
agencies and organizations) that receive
Federal assistance from a source other than the
Department of Transportation to provide
nonemergency transportation services.
[(e) Coordination of MPOs.--
[(1) Nonattainment areas.--If more than 1
metropolitan planning organization has authority within
a metropolitan area or an area which is designated as a
nonattainment area for ozone or carbon monoxide under
the Clean Air Act, each metropolitan planning
organization shall consult with the other metropolitan
planning organizations designated for such area and the
State in the coordination of plans and programs
required by this section.
[(2) Project located in multiple mpos.--If a project
is located within the boundaries of more than 1
metropolitan planning organization, the metropolitan
planning organizations shall coordinate plans regarding
the project.
[(f) Scope of Planning Process.--
[(1) In general.--The metropolitan transportation
planning process for a metropolitan area under this
section shall provide for consideration of projects and
strategies that will--
[(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
[(B) increase the safety and security of the
transportation system for motorized and
nonmotorized users;
[(C) increase the accessibility and mobility
options available to people and for freight;
[(D) protect and enhance the environment,
promote energy conservation, and improve
quality of life;
[(E) enhance the integration and connectivity
of the transportation system, across and
between modes, for people and freight;
[(F) promote efficient system management and
operation; and
[(G) emphasize the preservation of the
existing transportation system.
[(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under this title,
subchapter II of chapter 5 of title 5, or chapter 7 of
title 5 in any matter affecting a transportation plan,
a transportation improvement plan, a project or
strategy, or the certification of a planning process.
[(g) Development of Long-Range Transportation Plan.--
[(1) In general.--Each metropolitan planning
organization shall prepare, and update periodically,
according to a schedule that the Secretary determines
to be appropriate, a long-range transportation plan for
its metropolitan area in accordance with the
requirements of this subsection.
[(2) Long-range transportation plan.--A long-range
transportation plan under this section shall be in a
form that the Secretary determines to be appropriate
and shall contain, at a minimum, the following:
[(A) An identification of transportation
facilities (including but not necessarily
limited to major roadways, transit, and
multimodal and intermodal facilities) that
should function as an integrated metropolitan
transportation system, giving emphasis to those
facilities that serve important national and
regional transportation functions. In
formulating the long-range transportation plan,
the metropolitan planning organization shall
consider factors described in subsection (f) as
such factors relate to a 20-year forecast
period.
[(B) A financial plan that demonstrates how
the adopted long-range transportation plan can
be implemented, indicates resources from public
and private sources that are reasonably
expected to be made available to carry out the
plan, and recommends any additional financing
strategies for needed projects and programs.
The financial plan may include, for
illustrative purposes, additional projects that
would be included in the adopted long-range
transportation plan if reasonable additional
resources beyond those identified in the
financial plan were available. For the purpose
of developing the long-range transportation
plan, the metropolitan planning organization
and State shall cooperatively develop estimates
of funds that will be available to support plan
implementation.
[(C) Assess capital investment and other
measures necessary to--
[(i) ensure the preservation of the
existing metropolitan transportation
system, including requirements for
operational improvements, resurfacing,
restoration, and rehabilitation of
existing and future major roadways, as
well as operations, maintenance,
modernization, and rehabilitation of
existing and future transit facilities;
and
[(ii) make the most efficient use of
existing transportation facilities to
relieve vehicular congestion and
maximize the mobility of people and
goods.
[(D) Indicate as appropriate proposed
transportation enhancement activities.
[(3) Coordination with clean air act agencies.--In
metropolitan areas which are in nonattainment for ozone
or carbon monoxide under the Clean Air Act, the
metropolitan planning organization shall coordinate the
development of a long-range transportation plan with
the process for development of the transportation
control measures of the State implementation plan
required by the Clean Air Act.
[(4) Participation by interested parties.--Before
approving a long-range transportation plan, each
metropolitan planning organization shall provide
citizens, affected public agencies, representatives of
transportation agency employees, freight shippers,
providers of freight transportation services, private
providers of transportation, representatives of users
of public transit, and other interested parties with a
reasonable opportunity to comment on the long-range
transportation plan, in a manner that the Secretary
deems appropriate.
[(5) Publication of long-range transportation plan.--
Each long-range transportation plan prepared by a
metropolitan planning organization shall be--
[(i) published or otherwise made readily
available for public review; and
[(ii) submitted for information purposes to
the Governor at such times and in such manner
as the Secretary shall establish.
[(6) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(B), a State or
metropolitan planning organization shall not be
required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (2)(B).
[(h) Metropolitan Transportation Improvement Program.--
[(1) Development.--
[(A) In general.--In cooperation with the
State and any affected public transit operator,
the metropolitan planning organization
designated for a metropolitan area shall
develop a transportation improvement program
for the area for which the organization is
designated.
[(B) Opportunity for comment.--In developing
the program, the metropolitan planning
organization, in cooperation with the State and
any affected public transit operator, shall
provide citizens, affected public agencies,
representatives of transportation agency
employees, freight shippers, providers of
freight transportation services, private
providers of transportation, representatives of
users of public transit, and other interested
parties with a reasonable opportunity to
comment on the proposed program.
[(C) Funding estimates.--For the purpose of
developing the transportation improvement
program, the metropolitan planning
organization, public transit agency, and State
shall cooperatively develop estimates of funds
that are reasonably expected to be available to
support program implementation.
[(D) Updating and approval.--The program
shall be updated at least once every 2 years
and shall be approved by the metropolitan
planning organization and the Governor.
[(2) Contents.--The transportation improvement
program shall include--
[(A) a priority list of proposed federally
supported projects and strategies to be carried
out within each 3-year period after the initial
adoption of the transportation improvement
program; and
[(B) a financial plan that--
[(i) demonstrates how the
transportation improvement program can
be implemented;
[(ii) indicates resources from public
and private sources that are reasonably
expected to be available to carry out
the program;
[(iii) identifies innovative
financing techniques to finance
projects, programs, and strategies; and
[(iv) may include, for illustrative
purposes, additional projects that
would be included in the approved
transportation improvement program if
reasonable additional resources beyond
those identified in the financial plan
were available.
[(3) Included projects.--
[(A) Projects under this chapter and chapter
53 of title 49.--A transportation improvement
program developed under this subsection for a
metropolitan area shall include the projects
and strategies within the area that are
proposed for funding under this chapter and
chapter 53 of title 49.
[(B) Projects under chapter 2.--
[(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the transportation
improvement program.
[(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
[(C) Consistency with long-range
transportation plan.--Each project shall be
consistent with the long-range transportation
plan developed under subsection (g) for the
area.
[(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project within the time
period contemplated for completion of the
project.
[(4) Notice and comment.--Before approving a
transportation improvement program, a metropolitan
planning organization shall, in cooperation with the
State and any affected public transit operator, provide
citizens, affected public agencies,
representatives of transportation agency employees,
freight shippers, providers of freight transportation
services, private providers of transportation,
representatives of users of public transit, and other
interested parties with reasonable notice of and an
opportunity to comment on the proposed program.
[(5) Selection of projects.--
[(A) In general.--Except as otherwise
provided in subsection (i)(4) and in addition
to the transportation improvement program
development required under paragraph (1), the
selection of federally funded projects in
metropolitan areas shall be carried out, from
the approved transportation improvement
program--
[(i) by--
[(I) in the case of projects
under this chapter, the State;
and
[(II) in the case of projects
under chapter 53 of title 49,
the designated transit funding
recipients; and
[(ii) in cooperation with the
metropolitan planning organization.
[(B) Modifications to project priority.--
Notwithstanding any other provision of law,
action by the Secretary shall not be required
to advance a project included in the approved
transportation improvement program in place of
another project in the program.
[(6) Selection of projects from illustrative list.--
[(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan
planning organization shall not be required to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv).
[(B) Required action by the secretary.--
Action by the Secretary shall be required for a
State or metropolitan planning organization to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv) for
inclusion in an approved transportation
improvement program.
[(7) Publication.--
[(A) Publication of transportation
improvement programs.--A transportation
improvement program involving Government
participation shall be published or otherwise
made readily available by the metropolitan
planning organization for public review.
[(B) Publication of annual listings of
projects.--An annual listing of projects for
which Federal funds have been obligated in the
preceding year shall be published or otherwise
made available by the metropolitan planning
organization for public review. The listing
shall be consistent with the categories
identified in the transportation improvement
program.
[(i) Transportation Management Areas.--
[(1) Designation.--
[(A) Required designations.--The Secretary
shall designate as a transportation management
area each urbanized area with a population of
over 200,000 individuals.
[(B) Designations on request.--The Secretary
shall designate any additional area as a
transportation management area on the request
of the Governor and the metropolitan planning
organization designated for the area.
[(2) Transportation plans and programs.--Within a
transportation management area, transportation plans
and programs shall be based on a continuing and
comprehensive transportation planning process carried
out by the metropolitan planning organization in
cooperation with the State and transit operators.
[(3) Congestion management system.--Within a
transportation management area, the transportation
planning process under this section shall include a
congestion management system that provides for
effective management of new and existing transportation
facilities eligible for funding under this title and
chapter 53 of title 49 through the use of travel demand
reduction and operational management strategies. The
Secretary shall establish an appropriate phase-in
schedule for compliance with the requirements of this
section.
[(4) Selection of projects.--
[(A) In general.--All federally funded
projects carried out within the boundaries of a
transportation management area under this title
(excluding projects carried out on the National
Highway System and projects carried out under
the bridge program or the Interstate
maintenance program) or under chapter 53 of
title 49 shall be selected for implementation
from the approved transportation improvement
program by the metropolitan planning
organization designated for the area in
consultation with the State and any affected
public transit operator.
[(B) National highway system projects.--
Projects carried out within the boundaries of a
transportation management area on the National
Highway System and projects carried out within
such boundaries under the bridge program or the
Interstate maintenance program shall be
selected for implementation from the approved
transportation improvement program by the State
in cooperation with the metropolitan planning
organization designated for the area.
[(5) Certification.--
[(A) In general.--The Secretary shall--
[(i) ensure that the metropolitan
planning process in each transportation
management area is being carried out in
accordance with applicable provisions
of Federal law; and
[(ii) subject to subparagraph (B),
certify, not less often than once every
3 years, that the requirements of this
paragraph are met with respect to the
transportation management area.
[(B) Requirements for certification.--The
Secretary may make the certification under
subparagraph (A) if--
[(i) the transportation planning
process complies with the requirements
of this section and other applicable
requirements of Federal law; and
[(ii) there is a transportation
improvement program for the area that
has been approved by the metropolitan
planning organization and the Governor.
[(C) Effect of failure to certify.--
[(i) Withholding of funds.--If a
metropolitan planning process is not
certified, the Secretary may withhold
up to 20 percent of the apportioned
funds attributable to the
transportation management area under
this title and chapter 53 of title 49.
[(ii) Restoration of withheld
funds.--The withheld apportionments
shall be restored to the metropolitan
area at such time as the metropolitan
planning organization is certified by
the Secretary.
[(iii) Feasibility of private
enterprise participation.--The
Secretary shall not withhold
certification under this paragraph
based on the policies and criteria
established by a metropolitan planning
organization or transit grant recipient
for determining the feasibility of
private enterprise participation in
accordance with section 5306(a) of
title 49.
[(D) Review of certification.--In making
certification determinations under this
paragraph, the Secretary shall provide for
public involvement appropriate to the
metropolitan area under review.
[(j) Abbreviated Plans and Programs for Certain Areas.--
[(1) In general.--Subject to paragraph (2), in the
case of a metropolitan area not designated as a
transportation management area under this section, the
Secretary may provide for the development of an
abbreviated long-range transportation plan and
transportation improvement program for the metropolitan
area that the Secretary determines is appropriate to
achieve the purposes of this section, taking into
account the complexity of transportation problems in
the area.
[(2) Nonattainment areas.--The Secretary may not
permit abbreviated plans or programs for a metropolitan
area that is in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.).
[(k) Transfer of Funds.--Funds made available for a highway
project under chapter 53 of title 49 shall be transferred to
and administered by the Secretary in accordance with the
requirements of this title. Funds made available for a transit
project under the Federal-Aid Highway Act of 1991 shall be
transferred to and administered by the Secretary in accordance
with the requirements of chapter 53 of title 49. The provisions
of title 23, United States Code, regarding the non-Federal
share shall apply to title 23 funds used for transit projects
and the provisions of chapter 53 of title 49 regarding non-
Federal share shall apply to chapter 53 funds used for highway
projects.
[(l) Additional Requirements for Certain Nonattainment
Areas.--
[(1) In general.--Notwithstanding any other
provisions of this title or chapter 53 of title 49, for
transportation management areas classified as
nonattainment for ozone or carbon monoxide pursuant to
the Clean Air Act, Federal funds may not be programmed
in such area for any highway project that will result
in a significant increase in carrying capacity for
single-occupant vehicles unless the project is part of
an approved congestion management system.
[(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (c).
[(m) Limitation on Statutory Construction.--Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible
under this title or chapter 53 of title 49.
[(n) Funding.--
[(1) In general.--Funds set aside under section
104(f) of this title to carry out sections 5303 through
5305 of title 49 shall be available to carry out this
section.
[(2) Unused funds.--Any funds that are not used to
carry out this section may be made available by the
metropolitan planning organization to the State to fund
activities under section 135.
[(o) Continuation of Current Review Practice.--Since plans
and programs described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the plans and programs are subject to
review under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning plans and programs described in this section have
not been reviewed under such Act as of January 1, 1997, any
decision by the Secretary concerning a plan or program
described in this section shall not be considered to be a
Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
[Sec. 135. Statewide planning
[(a) General Requirements.--
[(1) Findings.--It is in the national interest to
encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility
needs of people and freight and foster economic growth
and development within and through urbanized areas,
while minimizing transportation-related fuel
consumption and air pollution.
[(2) Development of plans and programs.--Subject to
section 134 of this title and sections 5303 through
5305 of title 49, each State shall develop
transportation plans and programs for all areas of the
State.
[(3) Contents.--The plans and programs for each State
shall provide for the development and integrated
management and operation of transportation systems and
facilities (including pedestrian walkways and bicycle
transportation facilities) that will function as an
intermodal transportation system for the State and an
integral part of an intermodal transportation system
for the United States.
[(4) Process of development.--The process for
developing the plans and programs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
[(b) Coordination With Metropolitan Planning; State
Implementation Plan.--In carrying out planning under this
section, a State shall coordinate such planning with the
transportation planning activities carried out under section
134 of this title and sections 5303 through 5305 of title 49
for metropolitan areas of the State and shall carry out its
responsibilities for the development of the transportation
portion of the State implementation plan to the extent required
by the Clean Air Act.
[(c) Scope of Planning Process.--
[(1) In general.--Each State shall carry out a
transportation planning process that provides for
consideration of projects and strategies that will--
[(A) support the economic vitality of the
United States, the States, and metropolitan
areas, especially by enabling global
competitiveness, productivity, and efficiency;
[(B) increase the safety and security of the
transportation system for motorized and
nonmotorized users;
[(C) increase the accessibility and mobility
options available to people and for freight;
[(D) protect and enhance the environment,
promote energy conservation, and improve
quality of life;
[(E) enhance the integration and connectivity
of the transportation system, across and
between modes throughout the State, for people
and freight;
[(F) promote efficient system management and
operation; and
[(G) emphasize the preservation of the
existing transportation system.
[(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under this title,
subchapter II of chapter 5 of title 5, or chapter 7 of
title 5 in any matter affecting a transportation plan,
a transportation improvement plan, a project or
strategy, or the certification of a planning process.
[(d) Additional Requirements.--In carrying out planning under
this section, each State shall, at a minimum, consider--
[(1) with respect to nonmetropolitan areas, the
concerns of local elected officials representing units
of general purpose local government;
[(2) the concerns of Indian tribal governments and
Federal land management agencies that have jurisdiction
over land within the boundaries of the State; and
[(3) coordination of transportation plans, programs,
and planning activities with related planning
activities being carried out outside of metropolitan
planning areas.
[(e) Long-Range Transportation Plan.--
[(1) Development.--Each State shall develop a long-
range transportation plan, with a minimum 20-year
forecast period, for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
[(2) Consultation with governments.--
[(A) Metropolitan areas.--With respect to
each metropolitan area in the State, the long-
range transportation plan shall be developed in
cooperation with the metropolitan planning
organization designated for the metropolitan
area under section 134 of this title and
section 5303 of title 49.
[(B) Nonmetropolitan areas.--With respect to
each nonmetropolitan area, the long-range
transportation plan shall be developed in
consultation with affected local officials with
responsibility for transportation.
[(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the long-range
transportation plan shall be developed in
consultation with the tribal government and the
Secretary of the Interior.
[(3) Participation by interested parties.--In
developing the long-range transportation plan, the
State shall--
[(A) provide citizens, affected public
agencies, representatives of transportation
agency employees, freight shippers, private
providers of transportation, representatives of
users of public transit, providers of freight
transportation services, and other interested
parties with a reasonable opportunity to
comment on the proposed plan; and
[(B) identify transportation strategies
necessary to efficiently serve the mobility
needs of people.
[(4) Financial plan.--The long-range transportation
plan may include a financial plan that demonstrates how
the adopted long-range transportation plan can be
implemented, indicates resources from public and
private sources that are reasonably expected to be made
available to carry out the plan, and recommends any
additional financing strategies for needed projects and
programs. The financial plan may include, for
illustrative purposes, additional projects that would
be included in the adopted transportation plan if
reasonable additional resources beyond those identified
in the financial plan were available.
[(5) Selection of projects from illustrative list.--
Notwithstanding paragraph (4), a State shall not be
required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (4).
[(f) State Transportation Improvement Program.--
[(1) Development.--
[(A) In general.--Each State shall develop a
transportation improvement program for all
areas of the State.
[(B) Consultation with governments.--
[(i) Metropolitan areas.--With
respect to each metropolitan area in
the State, the program shall be
developed in cooperation with the
metropolitan planning organization
designated for the metropolitan area
under section 134 of this title and
section 5303 of title 49.
[(ii) Nonmetropolitan areas.--
[(I) In general.--With
respect to each nonmetropolitan
area in the State, the program
shall be developed in
consultation with affected
local officials with
responsibility for
transportation.
[(II) Review.--Not later than
1 year after the date of
enactment of this subclause,
the State shall submit to the
Secretary the details of the
consultative planning process
developed by the State for
nonmetropolitan areas under
subclause (I). The Secretary
shall not review or approve
such process.
[(iii) Indian tribal areas.--With
respect to each area of the State under
the jurisdiction of an Indian tribal
government, the program shall be
developed in consultation with the
tribal government and the Secretary of
the Interior.
[(C) Participation by interested parties.--In
developing the program, the Governor shall
provide citizens, affected public agencies,
representatives of transportation agency
employees, freight shippers, private providers
of transportation, providers of freight
transportation services, representatives of
users of public transit, and other interested
parties with a reasonable opportunity to
comment on the proposed program.
[(2) Included projects.--
[(A) In general.--A transportation
improvement program developed under this
subsection for a State shall include federally
supported surface transportation expenditures
within the boundaries of the State.
[(B) Chapter 2 projects.--
[(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the transportation
improvement program.
[(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
[(C) Consistency with long-range
transportation plan.--Each project shall be--
[(i) consistent with the long-range
transportation plan developed under
this section for the State;
[(ii) identical to the project as
described in an approved metropolitan
transportation improvement program; and
[(iii) in conformance with the
applicable State air quality
implementation plan developed under the
Clean Air Act (42 U.S.C. 7401 et seq.),
if the project is carried out in an
area designated as nonattainment for
ozone or carbon monoxide under such
Act.
[(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project within the time
period contemplated for completion of the
project.
[(E) Financial plan.--The transportation
improvement program may include a financial
plan that demonstrates how the approved
transportation improvement program can be
implemented, indicates resources from public
and private sources that are reasonably
expected to be made available to carry out the
plan, and recommends any additional financing
strategies for needed projects and programs.
The financial plan may include, for
illustrative purposes, additional projects that
would be included in the adopted transportation
plan if reasonable additional resources beyond
those identified in the financial plan were
available.
[(F) Selection of projects from illustrative
list.--
[(i) No required selection.--
Notwithstanding subparagraph (E), a
State shall not be required to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (E).
[(ii) Required action by the
secretary.--Action by the Secretary
shall be required for a State to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (E)
for inclusion in an approved
transportation improvement program.
[(G) Priorities.--The program shall reflect
the priorities for programming and expenditures
of funds, including transportation enhancement
activities, required by this title.
[(3) Project selection for areas of less than 50,000
population.--
[(A) In general.--Projects carried out in
areas with populations of less than 50,000
individuals (excluding projects carried out on
the National Highway System and projects
carried out under the bridge program or the
Interstate maintenance program) shall be
selected, from the approved statewide
transportation improvement program, by the
State in cooperation with the affected local
officials.
[(B) National highway system projects.--
Projects carried out in areas described in
subparagraph (A) on the National Highway System
and projects carried out in such areas under
the bridge program or the Interstate
maintenance program shall be selected, from the
approved statewide transportation improvement
program, by the State in consultation with the
affected local officials.
[(4) Biennial review and approval.--A transportation
improvement program developed under this subsection
shall be reviewed and, on a finding that the planning
process through which the program was developed is
consistent with this section, section 134, and sections
5303 through 5305 of title 49, approved not less
frequently than biennially by the Secretary.
[(5) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a
project included in the approved statewide
transportation improvement program in place of another
project in the program.
[(g) Funding.--Funds set aside pursuant to section 307(c)(1)
of title 23, United States Code, shall be available to carry
out the requirements of this section.]
Sec. 134. Metropolitan planning
Metropolitan transportation planning programs funded under
section 104(f) shall be carried out in accordance with the
metropolitan planning provisions of chapter 52, title 49,
United States Code.
Sec. 135. Statewide planning.
Statewide transportation planning programs funded under
section 104(f) shall be carried out in accordance with the
statewide planning provisions of chapter 52, title 49, United
States Code.
* * * * * * *
Sec. 138. Preservation of parklands
(a) Policy.--It is hereby declared to be the national policy
that special effort should be made to preserve the natural
beauty of the countryside and public park and recreation lands,
wildlife and waterfowl refuges, and historic sites. The
Secretary of Transportation shall cooperate and consult with
the Secretaries of the Interior, Housing and Urban Development,
and Agriculture, and with the States in developing
transportation plans and programs that include measures to
maintain or enhance the natural beauty of the lands traversed.
After the effective date of the Federal-Aid Highway Act of
1968, the Secretary shall not approve any program or project
(other than any project for a park road or parkway under
section 204 of this title) which requires the use of any
publicly owned land from a public park, recreation area, or
wildlife and waterfowl refuge of national, State, or local
significance as determined by the Federal, State, or local
officials having jurisdiction thereof, or any land from an
historic site of national, State, or local significance as so
determined by such officials unless (1) there is no feasible
and prudent alternative to the use of such land, and (2) such
program includes all possible planning to minimize harm to such
park, recreational area, wildlife and waterfowl refuge, or
historic site resulting from such use.
(b) Special Rules for Historic Sites.--
(1) In general.--The requirements of this section are
deemed to be satisfied in any case in which the
treatment of a historic site has been agreed upon in
accordance with section 106 of the National Historic
Preservation Act (16 U.S.C. 470f) and the agreement
includes a determination that the program or project
will not have an adverse effect on the historic site.
(2) Limitation on applicability.--This subsection
does not apply in any case in which the Advisory
Council on Historic Preservation determines, concurrent
with or prior to the conclusion of section 106
consultation, that allowing section 106 compliance to
satisfy the requirements of this section would be
inconsistent with the objectives of the National
Historic Preservation Act. The Council shall make such
a determination if petitioned to do so by a section 106
consulting party, unless the Council affirmatively
finds that the views of the requesting party have been
adequately considered and that section 106 compliance
will adequately protect historic properties.
(3) Definitions.--In this subsection, the following
definitions apply:
(A) Section 106 consultation.--The term
``section 106 consultation'' means the
consultation process required under section 106
of the National Historic Preservation Act (16
U.S.C. 470f).
(B) Adverse effect.--The term ``adverse
effect'' means altering, directly or
indirectly, any of the characteristics of a
historic property that qualify the property for
inclusion in the National Register in a manner
that would diminish the integrity of the
property's location, design, setting,
materials, workmanship, feeling, or
association.
(c) Studies.--In carrying out the national policy declared in
this section the Secretary, in cooperation with the Secretary
of the Interior and appropriate State and local officials, is
authorized to conduct studies as to the most feasible Federal-
aid routes for the movement of motor vehicular traffic through
or around national parks so as to best serve the needs of the
traveling public while preserving the natural beauty of these
areas.
Sec. 139. Motor vehicle congestion relief
(a) In General.--Each State that has an urbanized area with
an urbanized area population of over 200,000 individuals shall
obligate in each of fiscal years 2004 through 2009 a portion of
the State's apportionments under section 104(b) in such fiscal
year, as calculated under subsection (b), for congestion relief
activities in such urbanized areas in accordance with this
section.
(b) Calculation of Amount.--The portion of a State's
apportionments for a fiscal year to be obligated for congestion
relief activities under subsection (a) shall be determined by
multiplying--
(1) the total of amounts apportioned to the State
under each of paragraphs (1), (2), (3), and (4) of
section 104(b) in such fiscal year; by
(2) 10 percent; by
(3) the percentage of the State's population residing
in urbanized areas of the State with an urbanized area
population of over 200,000 individuals.
(c) Allocation Between Under One and Under Three Congestion
Relief Activities.--Of the total amount of a State's
apportionments to be obligated for congestion relief activities
for a fiscal year as calculated under subsection (b)--
(1) 40 percent shall be obligated for under one
congestion relief activities;
(2) 35 percent shall be obligated for under three
congestion relief activities; and
(3) 25 percent shall be obligated at the discretion
of the State department of transportation for 1 or more
of the following:
(A) Under one congestion relief activities.
(B) Under three congestion relief activities.
(C) Capital costs for transit projects that
are eligible for assistance under chapter 53 of
title 49.
(D) Demand relief projects and activities
that shift demand to non-peak hours or to other
modes of transportation or that reduce the
overall level of demand for roads through such
means as telecommuting, ridesharing,
alternative work hour programs, and value
pricing.
(d) Obligation of Amounts.--
(1) In general.--In complying with the requirements
of this section, the amounts obligated by a State for
congestion relief activities under subsection (a) shall
be allocated among the individual programs for which
funds are apportioned under sections 104(b)(1),
104(b)(2), 104(b)(3), and 104(b)(4).
(2) Limitation on statutory construction.--Nothing in
this subsection shall be construed as requiring a State
to obligate proportional or equal amounts under
sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4)
for any congestion relief activity under this section.
(e) Limitation on Statutory Construction.--Nothing in this
section shall be construed as altering or otherwise affecting
the applicability of the requirements of this chapter
(including requirements relating to the eligibility of a
project for assistance under the program, the location of the
project, and the Federal-share payable on account of the
project) to amounts apportioned to a State for a program under
section 104(b) that are obligated by the State for congestion
relief activities under subsection (a).
(f) Joint Responsibility.--Each State, each affected
metropolitan planning organization, and the Secretary shall
jointly ensure compliance with this section.
(g) Transfers.--
(1) In general.--A State may transfer a portion of
the amount that the State must obligate for under one
congestion relief activities in a fiscal year under
this section to the amount the State must obligate for
under three congestion relief activities under this
section if the State certifies to the Secretary that
there are no under one congestion relief activities for
which such portion can be obligated in such fiscal year
and the Secretary does not disapprove such transfer
within 30 days after the date of such certification.
(2) Limitation.--The amount that a State may transfer
in a fiscal year under this subsection may not reduce
the amount the State must obligate for under one
congestion relief activities to less than 10 percent of
the total amount of the State's apportionments to be
obligated for congestion relief activities for such
fiscal year as calculated under subsection (b).
(3) Treatment.--Amounts transferred by a State under
this subsection for a fiscal year shall be included in
the amount of the State's apportionments allocated for
under three congestion relief activities for such
fiscal year under subsection (c)(2).
(h) Definitions.--In this section, the following definitions
apply:
(1) Congestion relief activities.--
(A) In general.--The term ``congestion relief
activity'' means any activity, project, or
program that has as its primary purpose, as
determined by the State transportation
department, the relief of motor vehicle
congestion.
(B) Inclusions.--Such term includes the
following:
(i) Relief of motor vehicle
congestion through additional capacity,
construction of additional lanes,
improvements to interchanges, improved
access to major terminals, construction
of parallel roads, construction of
truck only lanes, and major arterial
improvements.
(ii) Transportation systemwide
operational improvements targeted at
increasing motor vehicle travel
reliability through such means as
incident management programs, traffic
monitoring and surveillance, and
traveler information initiatives.
(iii) Maximizing efficient use of
existing motor vehicle travel capacity
through such means as reversible lanes,
coordinated traffic signalization, and
managed lanes or other lane management
strategies.
(C) Exclusions.--Such term does not include
demand relief projects and activities that
shift demand to non-peak hours or to other
modes of transportation or that reduce the
overall level of demand for roads through such
means as telecommuting, ridesharing,
alternative work hour programs, and value
pricing.
(2) Under one congestion relief activities.--The term
``under one congestion relief activity'' means a
congestion relief activity that--
(A) will be completed within one year after
the date of commencement of onsite
improvements;
(B) has a total projected cost of less than
$1,000,000; and
(C) will improve conditions in the applicable
urbanized area or is an element of the
congestion management system of the applicable
metropolitan planning organization.
(3) Under three congestion relief activities.--The
term ``under three congestion relief activities'' means
congestion relief activities that--
(A) will be completed within 3 years after
the date of commencement of onsite
improvements; and
(B) will improve conditions in the applicable
urbanized area or is an element of the
congestion management system of the applicable
metropolitan planning organization.
Sec. 140. Nondiscrimination
(a) Prior to approving any [programs for projects as provided
for in subsection (a) of section 105 of this title] project
under this chapter, the Secretary shall require assurances from
any State desiring to avail itself of the benefits of this
chapter that employment in connection with proposed projects
will be provided without regard to race, color, creed, national
origin, or sex. He shall require that each State shall include
in the advertised specifications, notification of the specific
equal employment opportunity responsibilities of the successful
bidder. In approving programs for projects on any of the
Federal-aid systems, the Secretary shall, where he considers it
necessary to assure equal employment opportunity, require
certification by any State desiring to avail itself of the
benefits of this chapter that there are in existence and
available on a regional, statewide, or local basis,
apprenticeship, skill improvement or other upgrading programs,
registered with the Department of Labor or the appropriate
State agency, if any, which provide equal opportunity for
training and employment without regard to race, color, creed,
national origin, or sex. In implementing such programs, a State
may reserve training positions for persons who receive welfare
assistance from such State; except that the implementation of
any such program shall not cause current employees to be
displaced or current positions to be supplanted or preclude
workers that are participating in an apprenticeship, skill
improvement, or other upgrading program registered with the
Department of Labor or the appropriate State agency from being
referred to, or hired on, projects funded under this title
without regard to the length of time of their participation in
such program. The Secretary shall periodically obtain from the
Secretary of Labor and the respective State transportation
departments information which will enable him to judge
compliance with the requirements of this section and the
Secretary of Labor shall render to the Secretary such
assistance and information as he shall deem necessary to carry
out the equal employment opportunity program required
hereunder.
* * * * * * *
(c) The Secretary, in cooperation with any other department
or agency of the Government, State agency, authority,
association, institution, Indian tribal governments,
corporation (profit or nonprofit), or any other organization or
person, is authorized to develop, conduct, and administer
training programs and assistance programs in connection with
any program under this title in order that minority businesses
may achieve proficiency to compete, on an equal basis, for
contracts and subcontracts. Whenever apportionments are made
under [subsection 104(b)(3) of this title] section 104(b)(3),
the Secretary shall deduct such sums as he may deem necessary,
not to exceed $10,000,000 per fiscal year, for the
administration of this subsection. The provisions of section
3709 of the Revised Statutes, as amended (41 U.S.C. 5), shall
not be applicable to contracts and agreements made under the
authority herein granted to the Secretary notwithstanding the
provisions of section 302(e) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 252(e)).
* * * * * * *
Sec. 143. Highway use tax evasion projects
(a) * * *
(b) Projects.--
(1) * * *
(2) Allocation of funds.--Funds made available to
carry out this section may be allocated to the Internal
Revenue Service and the States at the discretion of the
Secretary; except that of funds so made available for
each of fiscal years 2004 through 2009, $2,000,000
shall be available only to carry out intergovernmental
enforcement efforts, including research and training.
(3) Conditions on funds allocated to internal revenue
service.--[The] Except as otherwise provided in this
section, the Secretary shall not impose any condition
on the use of funds allocated to the Internal Revenue
Service under this subsection.
(4) Limitation on use of funds.--Funds made available
to carry out this section shall be used only--
(A) * * *
* * * * * * *
(F) to reimburse State expenses that
supplement existing fuel tax compliance
efforts; [and]
(G) to analyze and implement programs to
reduce tax evasion associated with other
highway use taxes[.];
(H) to support efforts between States and
Indian tribes to address issues related to
State motor fuel taxes; and
(I) to analyze and implement programs to
reduce tax evasion associated with foreign
imported fuel.
* * * * * * *
(9) Reports.--The Commissioner of the Internal
Revenue Service and each State shall submit to the
Secretary an annual report that describes the projects,
examinations, and criminal investigations funded by and
carried out under this section. Such report shall
specify the annual yield estimated for each project
funded under this section.
(c) Excise Fuel Reporting System.--
(1) In general.--Not later than [August 1, 1998,] 90
days after the date of enactment of the Transportation
Equity Act: A Legacy for Users, the Secretary shall
enter into a memorandum of understanding with the
Commissioner of the Internal Revenue Service for the
purposes of the [development] completion, operation,
and maintenance by the Internal Revenue Service of [an
excise fuel reporting system (in this subsection
referred to as the ``system'')] an excise summary
terminal activity reporting system.
(2) Elements of memorandum of understanding.--The
memorandum of understanding shall provide that--
(A) the Internal Revenue Service shall
[develop] complete and maintain [the system]
the excise summary terminal activity reporting
system through contracts;
(B) the system shall be under the control of
the Internal Revenue Service; [and]
(C) the system shall be made available for
use by appropriate State and Federal revenue,
tax, and law enforcement authorities, subject
to section 6103 of the Internal Revenue Code of
1986[.]; and
(D) the Commissioner of the Internal Revenue
Service shall submit and the Secretary shall
approve a budget and project plan for the
completion, operation, and maintenance of the
system.
[(3) Funding priority.--Of the amounts made available
to carry out this section for each of fiscal years 1998
through 2003, and prior to funding any other activity
under this section, the Secretary shall make available
sufficient funds to the Internal Revenue Service to
establish and operate an automated fuel reporting
system.]
(3) Funding.--Of the amounts made available to carry
out this section for each of fiscal years 2004 through
2009, the Secretary shall make available to the
Internal Revenue Service such funds as may be necessary
to complete, operate, and maintain the excise summary
terminal activity reporting system in accordance with
this subsection.
(d) Pipeline, Vessel, and Barge Registration System.--
(1) In general.--Not later than 90 days after the
date of enactment of this subsection, the Secretary
shall enter into a memorandum of understanding with the
Commissioner of the Internal Revenue Service for the
purposes of the development, operation, and maintenance
of a registration system for pipelines, vessels, and
barges, and operators of such pipelines, vessels, and
barges, that make bulk transfers of taxable fuel.
(2) Elements of memorandum of understanding.--The
memorandum of understanding shall provide that--
(A) the Internal Revenue Service shall
develop and maintain the registration system
through contracts;
(B) the Commissioner of the Internal Revenue
Service shall submit and the Secretary shall
approve a budget and project plan for
development, operation, and maintenance of the
registration system;
(C) the registration system shall be under
the control of the Internal Revenue Service;
and
(D) the registration system shall be made
available for use by appropriate State and
Federal revenue, tax, and law enforcement
authorities, subject to section 6103 of the
Internal Revenue Code of 1986.
(3) Funding.--Of the amounts made available to carry
out this section for each of fiscal years 2004 through
2009, the Secretary shall make available to the
Internal Revenue Service such funds as may be necessary
to complete, operate, and maintain a registration
system for pipelines, vessels, and barges, and
operators of such pipelines, vessels, and barges, that
make bulk transfers of taxable fuel in accordance with
this subsection.
(e) Heavy Vehicle Use Tax Payment Database.--
(1) In general.--Not later than 90 days after the
date of enactment of this subsection, the Secretary
shall enter into a memorandum of understanding with the
Commissioner of the Internal Revenue Service for the
purposes of the establishment, operation, and
maintenance of an electronic database of heavy vehicle
highway use tax payments.
(2) Elements of memorandum of understanding.--The
memorandum of understanding shall provide that--
(A) the Internal Revenue Service shall
establish and maintain the electronic database
through contracts;
(B) the Commissioner of the Internal Revenue
Service shall submit and the Secretary shall
approve a budget and project plan for
establishment, operation, and maintenance of
the electronic database;
(C) the electronic database shall be under
the control of the Internal Revenue Service;
and
(D) the electronic database shall be made
available for use by appropriate State and
Federal revenue, tax, and law enforcement
authorities, subject to section 6103 of the
Internal Revenue Code of 1986.
(3) Funding.--Of the amounts made available to carry
out this section for each of fiscal years 2004 through
2009, the Secretary shall make available to the
Internal Revenue Service such funds as may be necessary
to establish, operate, and maintain an electronic
database of heavy vehicle highway use tax payments in
accordance with this subsection.
(f) Reports.--Not later than March 30 and September 30 of
each year, the Commissioner of the Internal Revenue Service
shall provide reports to the Secretary on the status of the
Internal Revenue Service projects funded under this section
related to the excise summary terminal activity reporting
system, the pipeline, vessel, and barge registration system,
and the heavy vehicle use tax electronic database.
Sec. 144. Highway bridge replacement and rehabilitation program
(a) * * *
* * * * * * *
[(d) Whenever any State or States make application to the
Secretary for assistance in replacing or rehabilitating a
highway bridge which the priority system established under
subsection (b) and (c) of this section shows to be eligible,
the Secretary may approve Federal participation in replacing
such bridge with a comparable facility or in rehabilitating
such bridge. Whenever any State makes application to the
Secretary for assistance in painting and seismic retrofit, or
applying calcium magnesium acetate, sodium acetate/formate, or
other environmentally acceptable, minimally corrosive anti-
icing and de-icing compositions or installing scour
countermeasures to, the structure of a highway bridge, the
Secretary may approve Federal participation in the painting or
seismic retrofit of, or application of such acetate or sodium
acetate/formate or such anti-icing or de-icing composition or
installation of such countermeasures to, such structure. The
Secretary shall determine the eligibility of highway bridges
for replacement or rehabilitation for each State based upon the
unsafe highway bridges in such State, except that a State may
carry out a project for seismic retrofit of a bridge under this
section without regard to whether the bridge is eligible for
replacement or rehabilitation under this section. In approving
projects (other than projects for bridge structure painting or
seismic retrofit or application of such acetate or sodium
acetate/formate or such anti-icing or de-icing composition or
installation of such countermeasures) under this section, the
Secretary shall give consideration to those projects which will
remove from service those highway bridges most in danger of
failure.]
(d) Applications for and Approval of Assistance.--
(1) Bridge replacement or rehabilitation.--Whenever
any State or States make application to the Secretary
for assistance in replacing or rehabilitating a highway
bridge which the priority system established under
subsections (b) and (c) shows to be eligible, the
Secretary may approve Federal participation in
replacing such bridge with a comparable facility or in
rehabilitating such bridge.
(2) Preventive maintenance, scour measures, and
applications of certain compositions.--Whenever any
State makes application to the Secretary for assistance
in painting, seismic retrofit, or preventive
maintenance of, or installing scour countermeasures or
applying calcium magnesium acetate, sodium acetate/
formate, or other environmentally acceptable, minimally
corrosive anti-icing and de-icing compositions to, the
structure of a highway bridge, the Secretary may
approve Federal participation in the painting, seismic
retrofit, or preventive maintenance of, or installation
of scour countermeasures or application of acetate or
sodium acetate/formate or such anti-icing or de-icing
composition to, such structure.
(3) Eligibility.--The Secretary shall determine the
eligibility of highway bridges for replacement or
rehabilitation for each State based upon the unsafe
highway bridges in such State; except that a State may
carry out a project for preventive maintenance on a
bridge, seismic retrofit of a bridge, or installing
scour countermeasures to a bridge under this section
without regard to whether the bridge is eligible for
replacement or rehabilitation under this section.
* * * * * * *
(g) Set Asides.--
(1) Discretionary bridge program.--
(A) * * *
* * * * * * *
(D) Fiscal years 2004 through 2009.--Of the
amounts authorized to be appropriated to carry
out the bridge program under this section for
each of the fiscal years 2004 through 2009, all
but $100,000,000 shall be apportioned as
provided in subsection (e). Such $100,000,000
shall be available at the discretion of the
Secretary.
* * * * * * *
(3) Off-system bridges.--Not less than [15 percent]
20 percent nor more than 35 percent of the amount
apportioned to each State in each of fiscal years
[1987] 2004 through [2003] 2009 and in the period of
October 1, 2003, through April 30, 2004, shall be
expended for projects to replace, rehabilitate, paint,
perform systematic preventive maintenance, or seismic
retrofit, or apply calcium magnesium acetate, sodium
acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and de-icing
compositions or install scour countermeasures, to
highway bridges located on public roads, other than
those on a Federal-aid highway. The Secretary, after
consultation with State and local officials, may, with
respect to such State, reduce the requirement for
expenditure for bridges not on a Federal-aid highway
when the Secretary determines that such State has
inadequate needs to justify such expenditure.
* * * * * * *
(i) Inventories and Reports.--The Secretary shall--
(1) * * *
* * * * * * *
Such reports shall be submitted to such committees biennially
[at the same time as the report required by section 307(f) of
this title is submitted to Congress].
* * * * * * *
Sec. 145. Federal-State relationship
(a) * * *
(b) Purpose of Projects.--The projects described in section
1702 of the Transportation Equity Act: A Legacy for Users,
section 1602 of the Transportation Equity Act for the 21st
Century, sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027 et seq.),
and section 149(a) of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (101 Stat. 181 et seq.) are
intended to establish eligibility for Federal-aid highway funds
made available for such projects by section 1101(a)(17) of the
Transportation Equity Act: A Legacy for Users, section
1101(a)(13) of the Transportation Equity Act for the 21st
Century, [117 of title 23, United States Code,] section 117 of
this title, sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991, and subsections
(b), (c), and (d) of section 149 of the Surface Transportation
and Uniform Relocation Assistance Act of 1987, respectively,
and are not intended to define the scope or limits of Federal
action in a manner inconsistent with subsection (a).
* * * * * * *
Sec. 149. Congestion mitigation and air quality improvement program
(a) * * *
(b) Eligible Projects.--Except as provided in subsection (c),
a State may obligate funds apportioned to it under section
104(b)(2) for the congestion mitigation and air quality
improvement program only for a transportation project or
program if the project or program is for an area in the State
that is or was designated as a nonattainment area for ozone,
carbon monoxide, or particulate matter under section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant
to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air
Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or
was designated as a nonattainment area under such section
107(d) after December 31, 1997, and--
(1) * * *
* * * * * * *
(5) if the program or project improves traffic flow,
including projects to improve signalization, construct
high occupancy vehicle lanes, improve intersections,
improve transportation systems management and
operations, and implement intelligent transportation
system strategies and such other projects that are
eligible for assistance under this section on the day
before the date of enactment of this paragraph.
* * * * * * *
Sec. 150. Deployment of intelligent transportation systems
(a) In General.--In each of fiscal years 2004 through 2009,
each State shall obligate a portion of the funds apportioned to
the State under sections 104(b)(1), 104(b)(2), 104(b)(3), and
104(b)(4) for such fiscal year, calculated under subsection
(b), for projects described in subsection (c) that support
deployment of intelligent transportation systems in the State.
(b) Calculation of Amount.--The portion of a State's
apportionments to be obligated under subsection (a) for
projects described in subsection (c) in a fiscal year shall be
determined by multiplying $500,000,000 by the ratio that--
(1) the aggregate of amounts apportioned to the State
for such fiscal year under sections 104(b)(1),
104(b)(2), 104(b)(3), and 104(b)(4); bears to
(2) the aggregate of amounts apportioned to all
States for such fiscal year under such sections.
(c) Intelligent Transportation Systems Deployment Projects.--
Projects for which funds must be obligated under this section
include the following:
(1) Performance.--Establishment and implementation of
operations systems and services that improve
performance in the areas of traffic operations,
emergency response to surface transportation incidents,
surface transportation incident management, weather
event response management by State and local
authorities, surface transportation network and
facility management, construction and work zone
management, and traffic flow information.
(2) Networks.--Conducting activities that support the
creation of networks that link metropolitan and rural
surface transportation systems into an integrated data
network, capable of collecting, sharing, and archiving
transportation system traffic condition and performance
information.
(3) Safety.--Implementation of intelligent
transportation system technologies that improve highway
safety through linkages connecting the vehicle, the
infrastructure, and information to the driver.
(4) Operation and management.--Provision of services
necessary to ensure the efficient operation and
management of intelligent transportation systems
infrastructure, including costs associated with
communications, utilities, rent, hardware, software,
labor, administrative costs, training, and technical
services.
(5) Interagency support.--Provision of support for
institutional relationships between transportation
agencies, police, emergency medical services, private
emergency operators, freight operators, and shippers.
(6) Planning.--Conducting cross-jurisdictional
planning and deployment of regional transportation
systems operations and management approaches.
(d) Obligation of Amounts.--
(1) In general.--In complying with the requirements
of this section, the amounts obligated by a State for
projects under subsection (c) that support deployment
of intelligent transportation systems in such State
under subsection (a) shall be allocated among the
individual programs for which funds are apportioned
under sections 104(b)(1), 104(b)(2), 104(b)(3), and
104(b)(4).
(2) Limitation on statutory construction.--Nothing in
this subsection shall be construed as requiring a State
to obligate proportional or equal amounts under
sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4)
for any congestion relief activity under this section.
(e) Limitation on Statutory Construction.--Nothing in this
section shall be construed as altering or otherwise affecting
the applicability of the requirements of this chapter
(including requirements relating to the eligibility of a
project for assistance under the program, the location of the
project, and the Federal-share payable on account of the
project) to amounts apportioned to a State for a program under
section 104(b) that are obligated by the State for projects
under this section.
(f) Joint Responsibility.--Each State, each affected
metropolitan planning organization, and the Secretary shall
jointly ensure compliance with this section.
* * * * * * *
Sec. 152. Hazard elimination program
(a) In General.--
(1) Program.--Each State shall conduct and
systematically maintain an engineering survey of all
public roads to identify hazardous locations, sections,
and elements, including roadside obstacles and unmarked
or poorly marked roads, which may constitute a danger
to motorists, bicyclists, [and] pedestrians, and the
disabled, identify roadway safety improvement needs for
such locations, sections, and elements, assign
priorities for the correction of such locations,
sections, and elements, and establish and implement a
schedule of projects for their improvement.
(2) Hazards.--In carrying out paragraph (1), a State
may, at its discretion--
(A) identify, through a survey, hazards to
motorists, bicyclists, pedestrians, the
disabled, and users of highway facilities; and
* * * * * * *
(b) The Secretary may approve as a project under this section
any safety improvement project, including a project described
in subsection (a) that reduces the likelihood of crashes
involving road departures, intersections, pedestrians, the
disabled, bicyclists, older drivers, or construction work
zones.
(c) Funds authorized to carry out this section shall be
available for expenditure on--
(1) * * *
(2) any public surface transportation facility or any
publicly owned bicycle or pedestrian pathway or trail;
[or]
(3) any traffic calming measure[.];
(4) police assistance for traffic and speed
management in construction work zones;
(5) installation of barriers between construction
work zones and traffic lanes for the safety of
motorists and workers; and
(6) compilation and analysis of data under
subsections (f) and (g) if the funds used for this
purpose by a State do not exceed 2 percent of the
amount apportioned to such State to carry out this
section.
[(d) The Federal share payable on account of any project
under this section shall be 90 percent of the cost thereof.]
(d) Apportionment.--
(1) Formula.--Funds authorized to be appropriated to
carry out this section shall be apportioned to the
States in accordance with the formula set forth in
section 104(b)(3)(A).
(2) Minimum apportionment.--Notwithstanding paragraph
(1), each State shall receive a minimum of \1/2\ of 1
percent of the funds apportioned under paragraph (1).
(3) Federal share.--The Federal share payable on
account of any project financed with funds authorized
to be appropriated to carry out this section shall be
90 percent of the cost thereof.
* * * * * * *
(g) Each State shall report to the Secretary of
Transportation not later than December 30 of each year, on the
progress being made to implement safety improvement projects
for hazard elimination and the effectiveness of such
improvements. Each State report shall contain an assessment of
the cost of, and safety benefits derived from, the various
means and methods used to mitigate or eliminate hazards and the
previous and subsequent accident experience at these locations.
[The Secretary of Transportation shall submit a report to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives not later than April 1 of each year on the
progress being made by the States in implementing the hazard
elimination program (including but not limited to any projects
for pavement marking). The report shall include, but not be
limited to, the number of projects undertaken, their
distribution by cost range, road system, means and methods
used, and the previous and subsequent accident experience at
improved locations. In addition, the Secretary's report shall
analyze and evaluate each State program, identify any State
found not to be in compliance with the schedule of improvements
required by subsection (a) and include recommendations for
future implementation of the hazard elimination program.]
* * * * * * *
(i) Biennial Report to Congress.--Not later than 2 years
after the date of enactment of this subsection, and every 2
years thereafter, the Secretary shall transmit 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 results of the program
under this section. The report shall include, at a minimum, the
following:
(1) A summary of State projects completed under this
section categorized by the types of hazards and a
statement of the cost of such projects.
(2) An analysis of the effectiveness of such
categories of projects in reducing the number and
severity of crashes at high hazard locations.
(3) An assessment of the adequacy of authorized
funding for the program and State use of such funding
to address the national need for such projects.
(4) Recommendations for funding and program
improvements to reduce the number of high hazard
locations.
(5) An analysis and evaluation of each State program,
an identification of any State found not to be in
compliance with the schedule of improvements required
by subsection (a), and recommendations for future
implementation of the hazard elimination program.
Sec. 153. Use of safety belts and motorcycle helmets
(a) * * *
* * * * * * *
(h) Penalty.--
(1) * * *
(2) [Thereafter] Fiscal years 1995-2003.--If, at any
time in a fiscal year beginning after September 30,
1994, and ending before October 1, 2003, a State does
not have in effect a law described in subsection
(a)(2), the Secretary shall transfer 3 percent of the
funds apportioned to the State for the succeeding
fiscal year under each of subsections (b)(1), (b)(2),
and (b)(3) of section 104 of this title to the
apportionment of the State under section 402 of this
title.
(3) Fiscal year 2004 and thereafter.--On October 1,
2003, and each October 1 thereafter, if a State does
not have in effect a law described in subsection
(a)(2), the Secretary shall transfer from the funds
apportioned to the State on that date under each of
subsections (b)(1), (b)(2), and (b)(3) of section 104
to the apportionment of the State under section 402 an
amount equal to 3 percent of the funds apportioned to
the State under such subsections for fiscal year 2003.
[(3)] (4) Federal share.--The Federal share of the
cost of any project carried out under section 402 with
funds transferred to the apportionment of section 402
shall be 100 percent.
[(4)] (5) Transfer of obligation authority.--If the
Secretary transfers under this subsection any funds to
the apportionment of a State under section 402 for a
fiscal year, the Secretary shall allocate an amount of
obligation authority distributed for such fiscal year
to the State for Federal-aid highways and highway
safety construction programs for carrying out only
projects under section 402 [which is determined by
multiplying] which, for fiscal year 2004 and each
fiscal year thereafter, is determined by multiplying--
(A) * * *
(B) the ratio of the amount of obligation
authority distributed for [such fiscal year]
fiscal year 2003 to the State for Federal-aid
highways and highway safety construction
programs to the total of the sums apportioned
to the State for Federal-aid highways and
highway safety construction (excluding sums not
subject to any obligation limitation) for [such
fiscal year] fiscal year 2003.
[(5)] (6) Limitation on applicability of highway
safety obligations.--Notwithstanding any other
provision of law, no limitation on the total of
obligations for highway safety programs carried out by
the Federal Highway Administration under section 402
shall apply to funds transferred under this subsection
to the apportionment of section 402.
(i) Definitions.--For the purposes of this section, the
following definitions apply:
(1) * * *
[(2) Motor vehicle.--The term ``motor vehicle'' has
the meaning such term has under section 154 of this
title.]
[(3)] (2) Passenger vehicle.--The term ``passenger
vehicle'' means a motor vehicle which is designed for
transporting 10 individuals or less, including the
driver, except that such term does not include a
vehicle which is constructed on a truck chassis, a
motorcycle, a trailer, or any motor vehicle which is
not required on the date of the enactment of this
section under a Federal motor vehicle safety standard
to be equipped with a belt system.
[(4)] (3) Safety belt.--The term ``safety belt''
means--
(A) * * *
* * * * * * *
Sec. 154. Open container requirements
(a) Definitions.--In this section, the following definitions
apply:
(1) * * *
[(3)] (2) Open alcoholic beverage container.--The
term ``open alcoholic beverage container'' means any
bottle, can, or other receptacle--
(A) * * *
* * * * * * *
[(4)] (3) Passenger area.--The term ``passenger
area'' shall have the meaning given the term by the
Secretary by regulation.
* * * * * * *
(c) Transfer of Funds.--
(1) * * *
(2) Fiscal year 2003 [and fiscal years thereafter].--
On October 1, 2002, [and each October 1 thereafter,] if
a State has not enacted or is not enforcing an open
container law described in subsection (b), the
Secretary shall transfer an amount equal to 3 percent
of the funds apportioned to the State on that date
under each of paragraphs (1), (3), and (4) of section
104(b) to the apportionment of the State under section
402 to be used or directed as described in subparagraph
(A) or (B) of paragraph (1).
(3) Fiscal year 2004 and thereafter.--On October 1,
2003, and each October 1 thereafter, if a State has not
enacted or is not enforcing an open container law
described in subsection (b), the Secretary shall
transfer from the funds apportioned to the State on
that date under each of paragraphs (1), (3), and (4) of
section 104(b) an amount equal to 3 percent of the
funds apportioned to the State under such paragraphs
for fiscal year 2003 to be used or directed as
described in subparagraph (A) or (B) of paragraph (1).
[(3)] (4) Use for hazard elimination program.--A
State may elect to use all or a portion of the funds
transferred under [paragraph (1) or (2)] paragraph (1),
(2), or (3) for activities eligible under section 152.
[(4)] (5) Federal share.--The Federal share of the
cost of a project carried out with funds transferred
under [paragraph (1) or (2)] paragraph (1), (2), or
(3), or used under [paragraph (3)] paragraph (4), shall
be 100 percent.
[(5)] (6) Derivation of amount to be transferred.--
The amount to be transferred under [paragraph (1) or
(2)] paragraph (1), (2), or (3) may be derived from 1
or more of the following:
(A) * * *
* * * * * * *
[(6)] (7) Transfer of obligation authority.--
(A) * * *
(B) Amount.--[The amount] For fiscal year
2004 and each fiscal year thereafter, the
amount of obligation authority referred to in
subparagraph (A) shall be determined by
multiplying--
(i) * * *
(ii) the ratio that--
(I) the amount of obligation
authority distributed for [the
fiscal year] fiscal year 2003
to the State for Federal-aid
highways and highway safety
construction programs; bears to
(II) the total of the sums
apportioned to the State for
Federal-aid highways and
highway safety construction
programs (excluding sums not
subject to any obligation
limitation) for [the fiscal
year] fiscal year 2003.
[(7)] (8) Limitation on applicability of obligation
limitation.--Notwithstanding any other provision of
law, no limitation on the total of obligations for
highway safety programs under section 402 shall apply
to funds transferred under this subsection to the
apportionment of a State under such section.
* * * * * * *
Sec. 157. Safety incentive grants for use of seat belts
(a) * * *
* * * * * * *
(g) Funding.--
(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$82,000,000 for fiscal year 1999, $92,000,000 for
fiscal year 2000, $102,000,000 for fiscal year 2001,
$112,000,000 for fiscal year 2002, $112,000,000 for
[fiscal year 2003] each of fiscal years 2003 and 2004,
$65,333,333 for the period of October 1, 2003, through
April 30, 2004.
* * * * * * *
Sec. 163. Safety incentives to prevent operation of motor vehicles by
intoxicated persons
(a) * * *
* * * * * * *
(e) Penalty.--
(1) In general.--On October 1, 2003, and October 1 of
each fiscal year thereafter, if a State has not enacted
or is not enforcing a law described in subsection (a),
the Secretary shall withhold from amounts apportioned
to the State on that date under each of paragraphs (1),
(3), and (4) of section 104(b) an amount equal to the
amount specified in paragraph (2).
(2) Amount to be withheld.--If a State is subject to
a penalty under paragraph (1), the Secretary shall
withhold for a fiscal year from the apportionments of
the State described in paragraph (1) an amount equal to
a percentage of the funds apportioned to the State
under paragraphs (1), (3), and (4) of section 104(b)
for fiscal year 2003. The percentage shall be as
follows:
(A) For fiscal year 2004, 2 percent.
(B) For fiscal year 2005, 4 percent.
(C) For fiscal year 2006, 6 percent.
(D) For fiscal year 2007, and each fiscal
year thereafter, 8 percent.
(3) Failure to comply.--If, within 4 years from the
date that an apportionment for a State is withheld in
accordance with this subsection, the Secretary
determines that the State has enacted and is enforcing
a law described in subsection (a), the apportionment of
the State shall be increased by an amount equal to the
amount withheld. If, at the end of such 4-year period,
any State has not enacted or is not enforcing a law
described in subsection (a) any amounts so withheld
from such State shall lapse.
[(e)] (f) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$55,000,000 for fiscal year 1998, $65,000,000 for
fiscal year 1999, $80,000,000 for fiscal year 2000,
$90,000,000 for fiscal year 2001, $100,000,000 for
fiscal year 2002, $110,000,000 for [fiscal year 2003]
each of fiscal years 2003 and 2004, and $70,000,000 for
the period of October 1, 2003, through April 30, 2004.
* * * * * * *
Sec. 164. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence
(a) Definitions.--In this section, the following definitions
apply:
(1) * * *
* * * * * * *
(4) Motor vehicle.--The term ``motor vehicle'' [means
a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways, but
does not include a vehicle operated solely on a rail
line or] does not include a commercial vehicle.
(5) Repeat intoxicated driver law.--The term ``repeat
intoxicated driver law'' means a State law that
provides, as a minimum penalty, that an individual
convicted of a second or subsequent offense for driving
while intoxicated or driving under the influence after
a previous conviction for that offense shall--
[(A) receive a driver's license suspension
for not less than 1 year;]
(A) receive (i) a driver's license suspension
for not less than 1 year, or (ii) a combination
of suspension of all driving privileges of an
individual for the first 45 days of the
suspension period followed by a reinstatement
of limited driving privileges for the propose
of getting to and from work, school, or an
alcohol treatment program if an ignition
interlock device is installed on each of the
motor vehicles owned or operated, or both, by
the individual;
* * * * * * *
(b) Transfer of Funds.--
(1) * * *
(2) Fiscal year 2003 [and fiscal years thereafter].--
On October 1, 2002, [and each October 1 thereafter,] if
a State has not enacted or is not enforcing a repeat
intoxicated driver law, the Secretary shall transfer an
amount equal to 3 percent of the funds apportioned to
the State on that date under each of paragraphs (1),
(3), and (4) of section 104(b) to the apportionment of
the State under section 402 to be used or directed as
described in subparagraph (A) or (B) of paragraph (1).
(3) Fiscal year 2004 and thereafter.--On October 1,
2003, and each October 1 thereafter, if a State has not
enacted or is not enforcing a repeat intoxicated driver
law, the Secretary shall transfer from the funds
apportioned to the State on that date under each of
paragraphs (1), (3), and (4) of section 104(b) an
amount equal to 3 percent of the funds apportioned to
the State under such paragraphs for fiscal year 2003 to
be used or directed as described in subparagraph (A) or
(B) of paragraph (1).
[(3)] (4) Use for hazard elimination program.--A
State may elect to use all or a portion of the funds
transferred under [paragraph (1) or (2)] paragraph (1),
(2), or (3) for activities eligible under section 152.
[(4)] (5) Federal share.--The Federal share of the
cost of a project carried out with funds transferred
under [paragraph (1) or (2)] paragraph (1), (2), or
(3), or used under [paragraph (3)] paragraph (4), shall
be 100 percent.
[(5)] (6) Derivation of amount to be transferred.--
The amount to be transferred under [paragraph (1) or
(2)] paragraph (1), (2), or (3) may be derived from 1
or more of the following:
(A) * * *
* * * * * * *
[(6)] (7) Transfer of obligation authority.--
(A) * * *
(B) Amount.--[The amount] For fiscal year
2004 and each fiscal year thereafter, the
amount of obligation authority referred to in
subparagraph (A) shall be determined by
multiplying--
(i) * * *
(ii) the ratio that--
(I) the amount of obligation
authority distributed for [the
fiscal year] fiscal year 2003
to the State for Federal-aid
highways and highway safety
construction programs; bears to
(II) the total of the sums
apportioned to the State for
Federal-aid highways and
highway safety construction
programs (excluding sums not
subject to any obligation
limitation) for [the fiscal
year] fiscal year 2003.
[(7)] (8) Limitation on applicability of obligation
limitation.--Notwithstanding any other provision of
law, no limitation on the total of obligations for
highway safety programs under section 402 shall apply
to funds transferred under this subsection to the
apportionment of a State under such section.
Sec. 165. Construction of ferry boats and ferry terminal facilities
(a) In General.--The Secretary shall carry out a program for
construction of ferry boats and ferry terminal facilities in
accordance with section 129(c).
(b) Federal Share.--The Federal share payable for
construction of ferry boats and ferry terminal facilities under
this section shall be 80 percent of the cost thereof.
(c) Availability of Amounts.--Amounts made available to carry
out this section shall remain available until expended.
(d) Set-Aside for Projects on NHS.--
(1) In general.--$20,000,000 of the amount made
available to carry out this section for each of fiscal
years 2004 through 2009 shall be obligated for the
construction or refurbishment of ferry boats and ferry
terminal facilities and approaches to such facilities
within marine highway systems that are part of the
National Highway System.
(2) Alaska.--$10,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be
made available to the State of Alaska.
(3) New jersey.--$5,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be
made available to the State of New Jersey.
(4) Washington.--$5,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be
made available to the State of Washington.
(e) Applicability.--All provisions of this chapter that are
applicable to the National Highway System, other than
provisions relating to apportionment formula and Federal share,
shall apply to funds made available to carry out this section,
except as determined by the Secretary to be inconsistent with
this section.
Sec. 166. Transportation systems management and operations
(a) Authority.--The Secretary may--
(1) encourage transportation system managers,
operators, public safety officials, and transportation
planners within an urbanized area, who are actively
engaged in and responsible for conducting activities
relating to day-to-day management, operations, public
safety, and planning of transportation facilities and
services, to collaborate and coordinate on a regional
level in a continuous and sustained manner for improved
transportation systems management and operations,
including, at a minimum--
(A) developing a regional concept of
operations that defines a regional strategy
shared by all transportation and public safety
participants for how the region's systems
should be managed, operated, and measured;
(B) sharing of information among operators,
service providers, public safety officials, and
the general public; and
(C) guiding, in a regionally-coordinated
manner, the implementation of regional
transportation system management and operations
initiatives, including emergency evacuation and
response, traffic incident management,
technology deployment, and traveler information
systems delivery, in a manner consistent with
and integrated into the ongoing metropolitan
and statewide transportation planning processes
and regional intelligent transportation system
architecture, if required; and
(2) encourage States to establish a system of basic
real-time monitoring capability for the surface
transportation system and provide the capability and
means to share that data among agencies (including
highway, transit, and public safety agencies),
jurisdictions (including States, cities, counties, and
areas represented by metropolitan planning
organizations), private-sector entities, and the
traveling public.
(b) Execution.--To support the successful execution of
transportation systems management and operations activities,
the Secretary may undertake the following activities:
(1) Assist and cooperate with other Federal
departments and agencies, State and local governments,
metropolitan planning organizations, private industry
representatives, and other interested parties to
improve regional collaboration and real-time
information sharing between transportation system
managers and operators, public safety officials,
emergency managers, and the general public to increase
the security, safety, and reliability of Federal-aid
highways.
(2) Issue, if necessary, new guidance or regulations
for the procurement of transportation system management
and operations facilities, equipment, and services,
including equipment procured in preparation for natural
disasters and emergencies, system hardware, software,
and software integration services.
Sec. 167. HOV facilities
(a) In General.--
(1) Authority of state agencies.--A State agency that
has jurisdiction over the operation of a HOV facility
shall establish the occupancy requirements of vehicles
operating on the facility.
(2) Occupancy requirement.--Except as otherwise
provided by this section, no fewer than 2 occupants per
vehicle may be required for use of a HOV facility.
(b) Exceptions.--Notwithstanding the occupancy requirements
of subsection (a)(2), the following exceptions shall apply with
respect to a State agency operating a HOV facility:
(1) Motorcycles and bicycles.----
(A) In general.--Subject to subparagraph (B),
the State agency shall allow motorcycles and
bicycles to use the HOV facility.
(B) Safety exception.--A State agency may
restrict use of the HOV facility by motorcycles
or bicycles (or both) if the agency certifies
to the Secretary that such use would create a
safety hazard and the Secretary accepts the
certification. The Secretary may accept a
certification under this subparagraph only
after the Secretary publishes notice of the
certification in the Federal Register and
provides an opportunity for public comment.
(2) Public transportation vehicles.--The State agency
may allow public transportation vehicles to use the HOV
facility if the agency--
(A) establishes requirements for clearly
identifying the vehicles; and
(B) establishes procedures for enforcing the
restrictions on the use of the facility by such
vehicles.
(3) High occupancy toll vehicles.--The State agency
may allow vehicles not otherwise exempt pursuant to
this subsection to use the HOV facility if the
operators of such vehicles pay a toll charged by the
agency for use of the facility and the agency--
(A) establishes a program that addresses how
motorists can enroll and participate in the
toll program;
(B) develops, manages, and maintains a system
that will automatically collect the toll; and
(C) establishes policies and procedures to--
(i) manage the demand to use the
facility by varying the toll amount
that is charged;
(ii) enforce violations of use of the
facility; and
(iii) permit low-income individuals
to pay reduced tolls.
(4) Low emission and energy-efficient vehicles.--
(A) Inherently low-emission vehicle.--Before
September 30, 2009, the State agency may allow
vehicles that are certified as inherently low-
emission vehicles pursuant to section 88.311-93
of title 40, Code of Federal Regulations, and
are labeled in accordance with section 88.312-
93 of such title, to use the HOV facility if
the agency establishes procedures for enforcing
the restrictions on the use of the facility by
such vehicles.
(B) Other low emission and energy-efficient
vehicles.--Before September 30, 2009, the State
agency may allow vehicles certified as low
emission and energy-efficient vehicles under
subsection (e), and labeled in accordance with
subsection (e), to use the HOV facility if the
operators of such vehicles pay a toll charged
by the agency for use of the facility and the
agency--
(i) establishes a program that
addresses the selection of vehicles
under this paragraph; and
(ii) establishes procedures for
enforcing the restrictions on the use
of the facility by such vehicles.
(C) Amount of tolls.--Tolls charged under
subparagraph (B) may be less than tolls charged
under paragraph (3).
(c) Requirements Applicable to Tolls.----
(1) In general.--Tolls may be charged under
subsections (b)(3) and (b)(4) notwithstanding section
301 and, except as provided in paragraphs (2) and (3),
subject to the requirements of section 129.
(2) HOV facilities on the interstate system.--
Notwithstanding section 129, tolls may be charged under
subsections (b)(3) and (b)(4) on a HOV facility on the
Interstate System.
(3) Excess toll revenues.--If a State agency makes a
certification under the last sentence of section
129(a)(3) with respect to toll revenues collected under
under subsections (b)(3) and (b)(4), the State, in the
use of tolls revenues under that sentence, shall give
priority consideration to projects for developing
alternatives to single occupancy vehicle travel and
projects for improving highway safety.
(d) HOV Facility Management, Operation, Monitoring, and
Enforcement.--
(1) In general.--A State agency that allows vehicles
to use a HOV facility under subsection (b)(3) or (b)(4)
in a fiscal year shall certify to the Secretary that
the agency will carry out the following
responsibilities with respect to the facility in the
fiscal year:
(A) Establishing, managing, and supporting a
performance monitoring, evaluation, and
reporting program for the facility that
provides for continuous monitoring, assessment,
and reporting on the impacts that such vehicles
may have on the operation of the facility and
adjacent highways.
(B) Establishing, managing, and supporting an
enforcement program that ensures that the
facility is being operated in accordance with
the requirements of this section.
(C) Limiting or discontinuing the use of the
facility by such vehicles if the presence of
such vehicles has degraded the operation of the
facility.
(2) Degraded facility.----
(A) In general.--For purposes of paragraph
(1), the operation of a HOV facility shall be
considered to be degraded if vehicles operating
on the facility are failing to maintain a
minimum average operating speed 90 percent of
the time over a consecutive 6-month period
during morning or evening weekday peak hour
periods (or both).
(B) Minimum average operating speed
defined.--In subparagraph (A), the term
``minimum average operating speed'' means--
(i) 45 miles per hour, in the case of
a HOV facility with a speed limit of 50
miles per hour or greater; and
(ii) not more than 10 miles per hour
below the speed limit, in the case of a
HOV facility with a speed limit of less
than 50 miles per hour.
(e) Certification of Low Emission and Energy-Efficient
Vehicles.--Not later than 6 months after the date of enactment
of this section, the Administrator of the Environmental
Protection Agency shall issue a final rule establishing
requirements for certification of vehicles as low emission and
energy-efficient vehicles for purposes of this section and
requirements for the labeling of such vehicles.
(f) Definitions.--In this section, the following definitions
apply:
(1) Alternative fuel vehicle.--The term ``alternative
fuel vehicle'' means a vehicle that operates on--
(A) methanol, denatured ethanol, or other
alcohols;
(B) a mixture containing at least 85 percent
of methanol, denatured ethanol, and other
alcohols by volume with gasoline or other
fuels;
(C) natural gas;
(D) liquefied petroleum gas;
(E) hydrogen;
(F) coal derived liquid fuels;
(G) fuels (except alcohol) derived from
biological materials;
(H) electricity (including electricity from
solar energy); or
(I) any other fuel that the Secretary
prescribes by regulation that is not
substantially petroleum and that would yield
substantial energy security and environmental
benefits.
(2) HOV facility.--The term ``HOV facility'' means a
high occupancy vehicle facility.
(3) Low emission and energy efficient vehicle.--The
term ``low emission and energy-efficient vehicle''
means a vehicle that--
(A) has been certified by the Administrator
of the Environmental Protection Agency as
meeting the Tier II emission level established
in regulations prescribed by the Administrator
under section 202(i) of the Clean Air Act (42
U.S.C. 7521(i)) for that make and model year
vehicle; and
(B)(i) has been certified by the
Administrator to have a 45-mile-per-gallon or
greater fuel economy highway rating; or
(ii) is an alternative fuel vehicle.
(4) Public transportation vehicle.--The term ``public
transportation vehicle'' means a vehicle that provides
public transportation (as defined in section 5302(a) of
title 49).
(5) State agency.--The term ``State agency'', as used
with respect to a HOV facility, means an agency of a
State or local government having jurisdiction over the
operation of the facility and includes a State
transportation department.
[SUBCHAPTER II--INFRASTRUCTURE FINANCE]
Chapter 2.--OTHER HIGHWAYS
* * * * * * *
Sec. 202. Allocations
(a) On October 1 of each fiscal year, the Secretary shall
allocate the sums authorized to be appropriated for such fiscal
year for forest development roads and trails according to the
relative needs of the various national forests. Such allocation
shall be consistent with the renewable resource and land use
planning for the various national forests; except that the
Secretary may use up to 3 percent of such funds for making
grants to Indian tribes for the purpose of financing
transportation debt for individual Indian reservation roads
subject to all requirements governing Federal assistance for
Indian roads under this section and section 204.
* * * * * * *
(d) Indian Reservation Roads.--
(1) * * *
(2) Fiscal year 2000 and thereafter.--
(A) * * *
* * * * * * *
(E) Alaska native road inventory.--
(i) In general.--For fiscal year 2004
and each fiscal year thereafter, any
allocation of sums authorized to be
appropriated for Indian reservation
roads in Alaska shall be based on an
inventory of roads within the exterior
boundaries of village corporation land
selected pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601
et seq.) that includes all routes
previously included in such an
inventory. The Secretary of
Transportation and the Secretary of the
Interior may include, in the inventory
of roads, those proposed for inclusion
by tribal village governments from
among community streets within the
village and those proposed primary
access routes for inclusion by tribal
village governments, including roads
and trails between villages (including
links over water), roads and trails to
landfills, roads and trails to drinking
water sources, roads and trails to
natural resources identified for
economic development, and roads and
trails that provide access to
intermodal termini, such as airports,
harbors, or boat landings.
(ii) Limitation on primary access
routes.--For purposes of this
subparagraph, a proposed primary access
route is the shortest practicable route
connecting 2 points of the proposed
route.
[(3) Contracts and agreements with indian tribes.--
[(A) In general.--Notwithstanding any other
provision of law or any interagency agreement,
program guideline, manual, or policy directive,
all funds made available under this title for
Indian reservation roads and for highway
bridges located on Indian reservation roads to
pay for the costs of programs, services,
functions, and activities, or portions thereof,
that are specifically or functionally related
to the cost of planning, research, engineering,
and construction of any highway, road, bridge,
parkway, or transit facility that provides
access to or is located within the reservation
or community of an Indian tribe shall be made
available, upon request of the Indian tribal
government, to the Indian tribal government for
contracts and agreements for such planning,
research, engineering, and construction in
accordance with the Indian Self-Determination
and Education Assistance Act.
[(B) Exclusion of agency participation.--
Funds for programs, functions, services, or
activities, or portions thereof, including
supportive administrative functions that are
otherwise contractible to which subparagraph
(A) applies, shall be paid in accordance with
subparagraph (A) without regard to the
organizational level at which the Department of
the Interior that has previously carried out
such programs, functions, services, or
activities.]
(3) Contracts and agreements with indian tribes.--
(A) In general.--Notwithstanding any other
provision of law or any interagency agreement,
program guideline, manual, or policy directive,
all funds made available to an Indian tribal
government under this title for a highway,
road, bridge, parkway, or transit facility
project that is located on an Indian
reservation or provides access to the
reservation or a community of the Indian tribe
shall be made available, on the request of the
Indian tribal government, to the Indian tribal
government for use in carrying out, in
accordance with the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et
seq.), contracts and agreements for the
planning, research, engineering, and
construction relating to such project.
(B) Exclusion of agency participation.--In
accordance with subparagraph (A), all funds for
a project to which subparagraph (A) applies
shall be paid to the Indian tribal government
without regard to the organizational level at
which the Department of the Interior has
previously carried out, or the Department of
Transportation has previously carried out under
the Federal lands highway programs, the
programs, functions, services, or activities
involved.
(C) Consortia.--Two or more Indian tribes
that are otherwise eligible to participate in a
project to which this title applies may form a
consortium to be considered as a single Indian
tribe for the purpose of participating in the
project under this section.
(D) Funding.--The amount an Indian tribal
government receives for a project under
subparagraph (A) shall equal the sum of the
funding that the Indian tribal government would
otherwise receive for the project in accordance
with the funding formula established under this
subsection and such additional amount as the
Secretary determines equal the amounts that
would have been withheld for the costs of the
Bureau of Indian Affairs for administration of
the project.
(E) Eligibility.--An Indian tribal government
may receive funding under subparagraph (A) for
a project in a fiscal year if the Indian tribal
government demonstrates to the satisfaction of
the Secretary financial stability and financial
management capability as demonstrated in the
annual auditing required under the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450 et seq.) and, during the preceding
fiscal year, had no uncorrected significant and
material audit exceptions in the required
annual audit of the Indian tribe's self-
determination contracts or self-governance
funding agreements with any Federal agency.
(F) Assumption of functions and duties.--An
Indian tribal government receiving funding
under subparagraph (A) for a project shall
assume all functions and duties that the
Secretary of the Interior would have performed
with respect to projects under this chapter,
other than those functions and duties that
inherently cannot be legally transferred under
the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b et seq.).
(G) Powers.--An Indian tribal government
receiving funding under subparagraph (A) for a
project shall have all powers that the
Secretary of the Interior would have exercised
in administering the funds transferred to the
Indian tribal government for such project under
this section if such funds had not been
transferred, except to the extent that such
powers are powers that inherently cannot be
legally transferred under the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450b et seq.).
(H) Dispute resolution.--In the event of a
disagreement between the Secretary of
Transportation or the Secretary of the Interior
and an Indian tribe over whether a particular
function, duty, or power may be lawfully
transferred under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b et
seq.), the Indian tribe shall have the right to
pursue all alternative dispute resolutions and
appeal procedures authorized by such Act,
including regulations issued to carry out such
Act.
* * * * * * *
Sec. 206. Recreational trails program
(a) * * *
* * * * * * *
(d) Use of Apportioned Funds.--
(1) * * *
* * * * * * *
[(2) Permissible uses.--Permissible uses of funds
apportioned to a State for a fiscal year to carry out
this section include--
[(A) maintenance and restoration of existing
recreational trails;
[(B) development and rehabilitation of
trailside and trailhead facilities and trail
linkages for recreational trails;
[(C) purchase and lease of recreational trail
construction and maintenance equipment;
[(D) construction of new recreational trails,
except that, in the case of new recreational
trails crossing Federal lands, construction of
the trails shall be--
[(i) permissible under other law;
[(ii) necessary and required by a
statewide comprehensive outdoor
recreation plan that is required by the
Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-4 et seq.) and
that is in effect;
[(iii) approved by the administering
agency of the State designated under
subsection (c)(1); and
[(iv) approved by each Federal agency
having jurisdiction over the affected
lands under such terms and conditions
as the head of the Federal agency
determines to be appropriate, except
that the approval shall be contingent
on compliance by the Federal agency
with all applicable laws, including the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), the
Forest and Rangeland Renewable
Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.), and the Federal
Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
[(E) acquisition of easements and fee simple
title to property for recreational trails or
recreational trail corridors;
[(F) payment of costs to the State incurred
in administering the program, but in an amount
not to exceed 7 percent of the apportionment
made to the State for the fiscal year to carry
out this section; and
[(G) operation of educational programs to
promote safety and environmental protection as
those objectives relate to the use of
recreational trails, but in an amount not to
exceed 5 percent of the apportionment made to
the State for the fiscal year.]
(2) Permissible uses.--Permissible uses of funds
apportioned to a State for a fiscal year to carry out
this section include--
(A) maintenance and restoration of existing
recreational trails;
(B) development and rehabilitation of
trailside and trailhead facilities and trail
linkages for recreational trails;
(C) purchase and lease of recreational trail
construction and maintenance equipment;
(D) construction of new recreational trails,
except that, in the case of new recreational
trails crossing Federal lands, construction of
the trails shall be--
(i) permissible under other law;
(ii) necessary and recommended by a
statewide comprehensive outdoor
recreation plan that is required by the
Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-4 et seq.) and
that is in effect;
(iii) approved by the administering
agency of the State designated under
subsection (c)(1); and
(iv) approved by each Federal agency
having jurisdiction over the affected
lands under such terms and conditions
as the head of the Federal agency
determines to be appropriate, except
that the approval shall be contingent
on compliance by the Federal agency
with all applicable laws, including the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), the
Forest and Rangeland Renewable
Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.), and the Federal
Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
(E) acquisition of easements and fee simple
title to property for recreational trails or
recreational trail corridors;
(F) assessment of trail conditions for
accessibility and maintenance;
(G) operation of educational programs to
promote safety and environmental protection as
those objectives relate to the use of
recreational trails, but in an amount not to
exceed 5 percent of the apportionment made to
the State for the fiscal year; and
(H) payment of costs to the State incurred in
administering the program, but in an amount not
to exceed 7 percent of the apportionment made
to the State for the fiscal year to carry out
this section.
(3) Use of apportionments.--
(A) * * *
* * * * * * *
[(C) Waiver authority.--A State recreational
trail advisory committee established under
subsection (c)(2) may waive, in whole or in
part, the requirements of clauses (ii) and
(iii) of subparagraph (A) if the State
recreational trail advisory committee
determines and notifies the Secretary that the
State does not have sufficient projects to meet
the requirements of clauses (ii) and (iii) of
subparagraph (A).]
[(D)] (C) State administrative costs.--State
administrative costs eligible for funding under
paragraph [(2)(F)] (2)(H) shall be exempt from
the requirements of subparagraph (A).
* * * * * * *
(f) Federal Share.--
(1) In general.--Subject to the other provisions of
this subsection, the Federal share of the cost of a
project and the Federal share of the administrative
costs of a State under this section shall [not exceed
80 percent] be determined in accordance with section
120(b).
(2) Federal agency project sponsor.--Notwithstanding
any other provision of law, a Federal agency that
sponsors a project under this section may contribute
additional Federal funds toward the cost of a project,
except that--
(A) the share attributable to the Secretary
of Transportation may not exceed [80 percent
of] the amount determined in accordance with
section 120(b) for the cost of a project under
this section; and
(B) the share attributable to the Secretary
and the Federal agency sponsoring the project
may not exceed 95 percent of the cost of a
project under this section.
* * * * * * *
(4) Use of recreational trails program funds to match
other federal program funds.--Notwithstanding any other
provision of law, funds made available under this
section may be used toward the non-Federal matching
share for other Federal program funds that are--
(A) expended in accordance with the
requirements of the Federal program relating to
activities funded and populations served; and
(B) expended on a project that is eligible
for assistance under this section.
[(4)] (5) Programmatic non-federal share.--A State
may allow adjustments to the non-Federal share of an
individual project for a fiscal year under this section
if the Federal share of the cost of all projects
carried out by the State under the program (excluding
projects funded under paragraph (2) or (3)) using funds
apportioned to the State for the fiscal year does not
exceed [80 percent] the Federal share as determined in
accordance with section 120(b).
[(5) State administrative costs.--The Federal share
of the administrative costs of a State under this
subsection shall be determined in accordance with
section 120(b).]
* * * * * * *
(h) Project Administration.--
(1) Credit for donations of funds, materials,
services, or new right-of-way.--
(A) * * *
* * * * * * *
(C) Planning and environmental assessment
costs incurred prior to project approval.--The
Secretary may allow pre-approval planning and
environmental compliance costs to be credited
toward the non-Federal share of the cost of a
project described under subsection (d)(2)
(other than subparagraph (I)) in accordance
with subsection (f), limited to costs incurred
less than 18 months prior to project approval.
* * * * * * *
Chapter 4.--HIGHWAY SAFETY
Sec.
401. Authority of the Secretary.
* * * * * * *
412. State traffic safety information system improvements.
* * * * * * *
Sec. 402. Highway safety programs
(a) Each State shall have a highway safety program
approved by the Secretary, designed to reduce traffic accidents
and deaths, injuries, and property damage resulting therefrom.
Such programs shall be in accordance with uniform guidelines
promulgated by the Secretary. Such uniform guidelines shall be
expressed in terms of performance criteria. In addition, such
uniform guidelines shall include programs (1) to reduce
injuries and deaths resulting from motor vehicles being driven
in excess of posted speed limits, (2) to encourage the proper
use of occupant protection devices (including the use of safety
belts and child restraint systems) by occupants of motor
vehicles and to increase public awareness of the benefit of
motor vehicles equipped with airbags, (3) to reduce deaths and
injuries resulting from persons driving motor vehicles while
impaired by alcohol or a controlled substance, (4) to prevent
accidents and reduce deaths and injuries resulting from
accidents involving motor vehicles and motorcycles, (5) to
reduce injuries and deaths resulting from accidents involving
school buses, [and] (6) to improve law enforcement services in
motor vehicle accident prevention, traffic supervision, and
post-accident procedures. The Secretary shall establish a
highway safety program for the collection and reporting of data
on traffic-related deaths and injuries by the States. Under
such program, the States shall collect and report such data as
the Secretary may require. The purposes of the program are to
ensure national uniform data on such deaths and injuries and to
allow the Secretary to make determinations for use in
developing programs to reduce such deaths and injuries and
making recommendations to Congress concerning legislation
necessary to implement such programs. The program shall provide
for annual reports to the Secretary on the efforts being made
by the States in reducing deaths and injuries occurring at
highway construction sites and the effectiveness and results of
such efforts. The Secretary shall establish minimum reporting
criteria for the program. Such criteria shall include, but not
be limited to, criteria on deaths and injuries resulting from
police pursuits, school bus accidents, and speeding, on
traffic-related deaths and injuries at highway construction
sites and on the configuration of commercial motor vehicles
involved in motor vehicle accidents. Such uniform guidelines
shall be promulgated by the Secretary so as to improve driver
performance (including, but not limited to, driver education,
driver testing to determine proficiency to operate motor
vehicles, driver examinations (both physical and mental) and
driver licensing) and to improve pedestrian performance, and
bicycle safety. In addition such uniform guidelines shall
include, but not be limited to provisions for an effective
record system of accidents (including injuries and deaths
resulting therefrom), accident investigations to determine the
probable causes of accidents, injuries, and deaths, vehicle
registration, operation, and inspection, highway design and
maintenance (including lighting, markings, and surface
treatment), traffic control, vehicle codes and laws,
surveillance of traffic for detection and correction of high or
potentially high accident locations, enforcement of light
transmission standards of window glazing for passenger motor
vehicles and light trucks as necessary to improve highway
safety, and emergency services. Such guidelines as are
applicable to State highway safety programs shall, to the
extent determined appropriate by the Secretary, be applicable
to federally administered areas where a Federal department or
agency controls the highways or supervises traffic operations;
and (7) to reduce deaths and injuries resulting from persons
driving motor vehicles while fatigued.
* * * * * * *
Sec. 405. Occupant protection incentive grants
(a) General Authority.--
(1) * * *
(2) Maintenance of effort.--No grant may be made to a
State under this section in any fiscal year unless the
State enters into such agreements with the Secretary as
the Secretary may require to ensure that the State will
maintain its aggregate expenditures from all other
sources for programs described in paragraph (1) at or
above the average level of such expenditures in its 2
fiscal years preceding the date of enactment of the
[Transportation Equity Act for the 21st Century]
Transportation Equity Act: A Legacy for Users.
(3) Maximum period of eligibility.--No State may
receive grants under this section in more than 6 fiscal
years beginning after September 30, [1997] 2003.
(4) Federal share.--The Federal share of the cost of
implementing and enforcing, as appropriate, in a fiscal
year a program adopted by a State pursuant to paragraph
(1) shall not exceed--
(A) in each of the first and second fiscal
years beginning after September 30, 2003, in
which the State receives a grant under this
section, 75 percent;
(B) in each of the third and fourth fiscal
years beginning after September 30, 2003, in
which the State receives a grant under this
section, 50 percent; and
(C) in each of the fifth and sixth fiscal
years beginning after September 30, 2003, in
which the State receives a grant under this
section, 25 percent.
(b) Grant Eligibility.--[A State shall become eligible] A
State shall be eligible for a grant under this section if the
State has a seat belt usage rate of 85 percent or greater as of
the date of the grant, as determined by the Secretary. A State
shall also become eligible for a grant under this section by
adopting or demonstrating to the satisfaction of the Secretary
at least 4 of the following:
(1) * * *
* * * * * * *
(c) Grant Amounts.--The amount of a grant for which a State
qualifies under this section for a fiscal year shall equal up
to [25 percent] 100 percent of the amount apportioned to the
State for fiscal year [1997] 2003 under section 402.
* * * * * * *
(f) Definitions.--In this section, the following definitions
apply:
(1) * * *
[(2) Motor vehicle.--The term ``motor vehicle'' means
a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public streets,
roads, and highways, but does not include a vehicle
operated only on a rail line.]
[(3)] (2) Multipurpose passenger vehicle.--The term
``multipurpose passenger vehicle'' means a motor
vehicle with motive power (except a trailer), designed
to carry not more than 10 individuals, that is
constructed either on a truck chassis or with special
features for occasional off-road operation.
[(4)] (3) Passenger car.--The term ``passenger car''
means a motor vehicle with motive power (except a
multipurpose passenger vehicle, motorcycle, or trailer)
designed to carry not more than 10 individuals.
[(5)] (4) Passenger motor vehicle.--The term
``passenger motor vehicle'' means a passenger car or a
multipurpose passenger motor vehicle.
[(6)] (5) Safety belt.--The term ``safety belt''
means--
(A) * * *
* * * * * * *
Sec. 410. Alcohol-impaired driving countermeasures
(a) General Authority.--
(1) * * *
(2) Maintenance of effort.--No grant may be made to a
State under this section in any fiscal year unless the
State enters into such agreements with the Secretary as
the Secretary may require to ensure that the State will
maintain its aggregate expenditures from all other
sources for alcohol traffic safety programs at or above
the average level of such expenditures in its 2 fiscal
years preceding the date of enactment of the
[Transportation Equity Act for the 21st Century]
Transportation Equity Act: A Legacy for Users.
(3) Maximum period of eligibility.--No State may
receive grants under this section in more than 7 fiscal
years beginning after September 30, [1997] 2003.
(4) Federal share.--The Federal share of the cost of
implementing and enforcing in a fiscal year a program
adopted by a State pursuant to paragraph (1) shall not
exceed--
(A) in each of the first and second fiscal
years beginning after September 30, 2003, in
which the State receives a grant under this
section, 75 percent;
(B) in each of the third and fourth fiscal
years beginning after September 30, 2003, in
which the State receives a grant under this
section, 50 percent; and
(C) in each of the fifth, sixth, and seventh
fiscal years beginning after September 30,
2003, in which the State receives a grant under
this section, 25 percent.
(b) Basic Grant Eligibility.--
(1) Basic grant a.--[A State shall become eligible] A
State shall be eligible for a grant under this
paragraph if the State has an alcohol-related fatality
rate per 100,000,000 vehicle miles traveled of 0.5 or
less as of the date of the grant, as determined by the
Secretary using the Fatality Analysis Reporting System
of the National Highway Traffic Safety Administration.
A State shall also become eligible for a grant under
this paragraph by adopting or demonstrating to the
satisfaction of the Secretary [at least 5 of] at least
6 of the following:
(A) Administrative license revocation.--An
administrative driver's license suspension or
revocation system for individuals who operate
motor vehicles while under the influence of
alcohol that requires that--
(i) in the case of an individual who,
in any 5-year period beginning after
the date of enactment of the
Transportation Equity Act for the 21st
Century, is determined on the basis of
a chemical test to have been operating
a motor vehicle while under the
influence of alcohol or is determined
to have refused to submit to such a
test as proposed by a law enforcement
officer, the State agency responsible
for administering drivers' licenses,
upon receipt of the report of the law
enforcement officer--
(I) * * *
(II) shall suspend the
driver's license of such
individual for a period of not
less than 1 year, or revoke
such license, if such
individual is a repeat offender
in such 5-year period; [and]
(ii) the suspension and revocation
referred to under clause (i) shall take
effect not later than 30 days after the
day on which the individual refused to
submit to a chemical test or received
notice of having been determined to be
driving under the influence of alcohol,
in accordance with the procedures of
the State[.]; and
(iii) the suspension referred to
under clause (i)(I) may allow an
individual to operate a motor vehicle,
after the 15-day period beginning on
the date of the suspension, to and from
employment, school, or an alcohol
treatment program if an ignition
interlock device is installed on each
of the motor vehicles owned or
operated, or both, by the individual;
and
(iv) the suspension and revocation
referred to under clause (i)(II) may
allow an individual to operate a motor
vehicle, after the 45-day period
beginning on the date of the suspension
or revocation, to and from employment,
school, or an alcohol treatment program
if an ignition interlock device is
installed on each of the motor vehicles
owned or operated, or both, by the
individual.
(B) Underage drinking program.--An effective
system, as determined by the Secretary, for
preventing operators of motor vehicles under
age 21 from obtaining alcoholic beverages and
for preventing persons from making alcoholic
beverages available to individuals under age
21. Such system [may include the issuance] may
include--
(i) the issuance of drivers' licenses
to individuals under age 21 that are
easily distinguishable in appearance
from drivers' licenses issued to
individuals age 21 or older and the
issuance of drivers' licenses that are
tamper resistant[.]; and
(ii) a program provided by a
nonprofit organization for training
point of sale personnel concerning, at
a minimum, the following:
(I) the clinical effects of
alcohol;
(II) methods of preventing
second party sales of alcohol;
(III) recognizing signs of
intoxication;
(IV) methods to prevent
underage drinking;
(V) Federal, State, and local
laws that are relevant to such
personnel.
* * * * * * *
[(F) Young adult drinking programs.--Programs
to reduce driving while under the influence of
alcohol by individuals age 21 through 34. Such
programs may include awareness campaigns;
traffic safety partnerships with employers,
colleges, and the hospitality industry;
assessments of first-time offenders; and
incorporation of treatment into judicial
sentencing.]
(F) Outreach program.--A judicial and
prosecutorial education, training, and outreach
program that provides information on the
appropriateness and effectiveness of sentencing
options.
* * * * * * *
(H) Self-sustaining drunk driving prevention
program.--A self-sustaining drunk driving
prevention program under which a significant
portion of the fines or surcharges collected
from individuals apprehended and fined for
operating a motor vehicle while under the
influence of alcohol are returned to those
communities that have comprehensive programs
for the prevention of such operations of motor
vehicles.
(I) Programs for effective alcohol
rehabilitation.--A program for effective
inpatient and outpatient alcohol rehabilitation
based on mandatory assessment and appropriate
treatment for repeat offenders described in
subparagraph (A)(i)(II).
[(2) Basic grant b.--A State shall become eligible
for a grant under this paragraph by adopting or
demonstrating to the satisfaction of the Secretary each
of the following:
[(A) Fatal impaired driver percentage
reduction.--The percentage of fatally injured
drivers with 0.10 percent or greater blood
alcohol concentration in the State has
decreased in each of the 3 most recent calendar
years for which statistics for determining such
percentages are available.
[(B) Fatal impaired driver percentage
comparison.--The percentage of fatally injured
drivers with 0.10 percent or greater blood
alcohol concentration in the State has been
lower than the average percentage for all
States in each of the calendar years referred
to in subparagraph (A).]
(2) Basic grant b.--A State shall become eligible for
a grant under this paragraph if the State--
(A) has an alcohol-related fatality rate per
100,000,000 vehicle miles traveled of 0.8 or
more as of the date of the grant, as determined
by the Secretary using the Fatality Analysis
Reporting System of the National Highway
Traffic Safety Administration; and
(B) establishes, subject to such requirements
as the Secretary may prescribe, a task force to
evaluate and recommend changes to the State's
drunk driving programs.
(3) Basic grant amount.--The amount of a basic grant
made to a State for a fiscal year under this subsection
shall equal up to [25 percent] 100 percent of the
amount apportioned to the State for fiscal year [1997]
2003 under section 402.
[(c) Supplemental Grants.--
[(1) In general.--Upon receiving an application from
a State, the Secretary may make supplemental grants to
the State for meeting 1 or more of the following
criteria:
[(A) Video equipment for detection of drunk
drivers.--The State provides for a program to
acquire video equipment to be used in detecting
persons who operate motor vehicles while under
the influence of alcohol and in prosecuting
those persons, and to train personnel in the
use of that equipment.
[(B) Self-sustaining drunk driving prevention
program.--The State provides for a self-
sustaining drunk driving prevention program
under which a significant portion of the fines
or surcharges collected from individuals
apprehended and fined for operating a motor
vehicle while under the influence of alcohol
are returned to those communities which have
comprehensive programs for the prevention of
such operations of motor vehicles.
[(C) Reducing driving with a suspended
license.--The State enacts and enforces a law
to reduce driving with a suspended license.
Such law, as determined by the Secretary, may
require a ``zebra'' stripe that is clearly
visible on the license plate of any motor
vehicle owned and operated by a driver with a
suspended license.
[(D) Use of passive alcohol sensors.--The
State provides for a program to acquire passive
alcohol sensors to be used by police officers
in detecting persons who operate motor vehicles
while under the influence of alcohol, and to
train police officers in the use of that
equipment.
[(E) Effective dwi tracking system.--The
State demonstrates an effective driving while
intoxicated (DWI) tracking system. Such a
system, as determined by the Secretary, may
include data covering arrests, case
prosecutions, court dispositions and sanctions,
and provide for the linkage of such data and
traffic records systems to appropriate
jurisdictions and offices within the State.
[(F) Other programs.--The State provides for
other innovative programs to reduce traffic
safety problems resulting from individuals
driving while under the influence of alcohol or
controlled substances, including programs that
seek to achieve such a reduction through legal,
judicial, enforcement, educational,
technological, or other approaches.
[(2) Eligibility.--A State shall be eligible to
receive a grant under this subsection in a fiscal year
only if the State is eligible to receive a grant under
subsection (b) in such fiscal year.
[(3) Funding.--Of the amounts made available to carry
out this section in a fiscal year, not to exceed 10
percent shall be available for making grants under this
subsection.]
(c) Allocation for Basic Grants B.--Not more than $16,000,000
per fiscal year of amounts made available to carry out this
section shall be available for making grants under subsection
(b)(2).
* * * * * * *
Sec. 412. State traffic safety information system improvements
(a) General Authority.--
(1) Authority to make grants.--Subject to the
requirements of this section, the Secretary shall make
grants to States that adopt and implement effective
programs to--
(A) improve the timeliness, accuracy,
completeness, uniformity, integration, and
accessibility of the safety data of the State
that is needed to identify priorities for
national, State, and local highway and traffic
safety programs;
(B) evaluate the effectiveness of efforts to
make such improvements;
(C) link these State data systems, including
traffic records, with other data systems within
the State, such as systems that contain
medical, roadway, and economic data; and
(D) improve the compatibility and
interoperability of the data systems of the
State with national data systems and data
systems of other States and enhance the ability
of the Secretary to observe and analyze
national trends in crash occurrences, rates,
outcomes, and circumstances.
(2) Use of grants.--A State may use a grant received
under this section only to implement such programs.
(3) Model data elements.--The Secretary, in
consultation with States and other appropriate parties,
shall determine the model data elements necessary to
observe and analyze State and national trends in crash
occurrences, rates, outcomes, and circumstances. In
order to become eligible for a grant under this
section, a State shall certify to the Secretary the
State's adoption and use of such model data elements.
(4) Maintenance of effort.--No grant may be made to a
State under this section in any fiscal year unless the
State enters into such agreements with the Secretary as
the Secretary may require ensuring that the State will
maintain its aggregate expenditures from all other
sources for highway safety data programs at or above
the average level of such expenditures in the 2 fiscal
years preceding the date of enactment of this section.
(5) Federal share.--The Federal share of the cost of
implementing in a fiscal year a program of a State
pursuant to paragraph (1) shall not exceed 80 percent.
(b) First-Year Grants.--To be eligible for a first-year grant
under this section, a State shall demonstrate to the
satisfaction of the Secretary that the State has--
(1) established a highway safety data and traffic
records coordinating committee with a multidisciplinary
membership that includes, among others, managers,
collectors, and users of traffic records and public
health and injury control data systems; and
(2) developed a multiyear highway safety data and
traffic records system strategic plan that addresses
existing deficiencies in the State's highway safety
data and traffic records system and is approved by the
highway safety data and traffic records coordinating
committee and--
(A) specifies how existing deficiencies in
the State's highway safety data and traffic
records system were identified;
(B) prioritizes, based on the identified
highway safety data and traffic records system
deficiencies, the highway safety data and
traffic records system needs and goals of the
State, including the activities described in
subsection (a)(1);
(C) identifies performance-based measures by
which progress toward those goals will be
determined;
(D) specifies how the grant funds and any
other funds of the State will be used to
address needs and goals identified in the
multiyear plan; and
(E) includes a current report on the progress
in implementing the multiyear plan that
documents progress toward the specified goals.
(c) Succeeding-Year Grants.--
(1) Eligibility.--A State shall be eligible for a
grant under this section in a fiscal year succeeding
the first fiscal year in which the State receives a
grant under subsection (b) if the State, to the
satisfaction of the Secretary--
(A) submits an updated multiyear plan that
meets the requirements of subsection (b)(2);
(B) certifies that its highway safety data
and traffic records coordinating committee
continues to operate and supports the multiyear
plan;
(C) specifies how the grant funds and any
other funds of the State will be used to
address needs and goals identified in the
multiyear plan;
(D) demonstrates measurable progress toward
achieving the goals and objectives identified
in the multiyear plan; and
(E) includes a current report on the progress
in implementing the multiyear plan.
(d) Grant Amounts.--
(1) In general.--The amount of a grant made to a
State for a fiscal year under this section shall equal
an amount determined by multiplying--
(A) the amount appropriated to carry out this
section for such fiscal year; by
(B) the ratio that the funds apportioned to
the State under section 402 for fiscal year
2003 bears to the funds apportioned to all
States under section 402 for fiscal year 2003.
(2) Minimum amount.--Notwithstanding subparagraph
(A)--
(A) a State eligible for a first-year grant
under this section shall not receive less than
$300,000; and
(B) a State eligible for a succeeding-year
grant under this section shall not receive less
than $500,000.
(e) Administrative Expenses.--Funds authorized to be
appropriated to carry out this section in a fiscal year shall
be subject to a deduction not to exceed 5 percent for the
necessary costs of administering the provisions of this
section.
(f) Applicability of Chapter 1.--The provisions contained in
section 402(d) shall apply to this section.
[CHAPTER 5--RESEARCH AND TECHNOLOGY]
CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION
Sec.
501. Definitions.
* * * * * * *
[507. Surface transportation-environment cooperative research program.]
507. Surface transportation environment and planning cooperative
research program.
* * * * * * *
509. National cooperative freight transportation research program.
510. Future strategic highway research program.
* * * * * * *
Sec. 502. Surface transportation research
(a) Basic Principles Governing Research and Technology
Investments.--
(1) Coverage.--Surface transportation research and
technology development shall include all activities
leading to technology development and transfer, as well
as the introduction of new and innovative ideas,
practices, and approaches, through such mechanisms as
field applications, education and training, and
technical support.
(2) Federal responsibility.--Funding and conducting
surface transportation research and technology transfer
activities shall be considered a basic responsibility
of the Federal Government when the work--
(A) is of national significance;
(B) supports research in which there is a
clear public benefit and private sector
investment is less than optimal;
(C) supports a Federal stewardship role in
assuring that State and local governments use
national resources efficiently; or
(D) presents the best means to support
Federal policy goals compared to other policy
alternatives.
(3) Role.--Consistent with these Federal
responsibilities, the Secretary shall--
(A) conduct research;
(B) support and facilitate research and
technology transfer activities by State highway
agencies;
(C) share results of completed research; and
(D) support and facilitate technology and
innovation deployment.
(4) Program content.--A surface transportation
research program shall include--
(A) fundamental, long-term highway research;
(B) research aimed at significant highway
research gaps and emerging issues with national
implications; and
(C) research related to policy and planning.
(5) Stakeholder input.--Federally sponsored surface
transportation research and technology development
activities shall address the needs of partners and
stakeholders, and provide for stakeholder input in
preparation of a strategic plan for surface
transportation research and technology development.
(6) Competition.--To the greatest extent possible,
investment decisions for surface transportation
research and technology development activities shall be
based on the well established principles of competition
and merit review.
(7) Performance review.--Surface transportation
research and technology development activities shall
include a component of performance measurement.
[(a)] (b) General Authority.--
(1) Research, development, and technology transfer
activities.--The Secretary may carry out research,
development, and technology transfer activities with
respect to--
(A) * * *
(B) all phases of transportation planning and
development (including construction, operation,
transportation system management and
operations, modernization, development, design,
maintenance, safety, financing, and traffic
conditions); and
* * * * * * *
[(3) Cooperation, grants, and contracts.--The
Secretary may carry out this section--
[(A) independently;
[(B) in cooperation with other Federal
departments, agencies,
[(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.]
(3) Cooperation, grants, and contracts.--The
Secretary may carry out research, development, and
technology transfer activities related to
transportation--
(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 one or more of the following:
the National Academy of Sciences, the American
Association of State Highway and Transportation
Officials, any Federal laboratory, Federal
agency, State agency, authority, association,
institution, for-profit or nonprofit
corporation, organization, foreign country, any
other person.
* * * * * * *
(6) Pooled funding.--
(A) Cooperation.--To promote effective
utilization of available resources, the
Secretary may cooperate with a State and an
appropriate agency in funding research,
development, and technology transfer activities
of mutual interest on a pooled funds basis.
(B) Secretary as agent.--The Secretary may
enter into contracts, cooperative agreements,
grants, and other transactions as agent for all
participating parties in carrying out such
research, development, or technology transfer.
[(b)] (c) Collaborative Research and Development.--
(1) * * *
[(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)).]
(2) Cooperation, grants, contracts, and agreements.--
Notwithstanding any other provision of law, the
Secretary may directly initiate contracts, cooperative
research and development agreements (as defined in
section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a)), and other
transactions to fund, and accept funds from, the
Transportation Research Board of the National Research
Council of the National Academy of Sciences, State
departments of transportation, cities, counties, and
their agents to conduct joint transportation research
and technology efforts.
* * * * * * *
[(c)] (d) 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) * * *
* * * * * * *
(5) Dynamic simulation models of surface
transportation systems for--
(A) * * *
* * * * * * *
(C) testing the strengths and weaknesses of
proposed revisions to surface transportation
system management and operations programs.
* * * * * * *
(12) Investigation and development of various
operational methodologies to reduce the occurrence and
impact of recurrent congestion and nonrecurrent
congestion and increase transportation system
reliability.
(13) Investigation of processes, procedures, and
technologies to secure container and hazardous material
transport, including the evaluation of regulations and
the impact of good security practices on commerce and
productivity.
(14) Research, development, and technology transfer
related to asset management.
[(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.]
(e) Exploratory Advanced Research.--
(1) In general.--The Secretary shall establish an
exploratory advanced research program, consistent with
the surface transportation research and technology
development strategic plan developed under section 508
that involves and draws upon basic research results to
provide a better understanding of problems and develop
innovative solutions. In carrying out the program, the
Secretary shall strive to develop partnerships with
public and private sector entities.
(2) Research areas.--In carrying out the program, the
Secretary may make grants and enter into cooperative
agreements and contracts in such areas of surface
transportation research and technology 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) Assessment of the effects of
transportation decisions on human health.
(C) Development of surrogate measures of
safety.
(D) Environmental research.
(E) Data acquisition techniques for system
condition and performance monitoring.
(F) System performance data and information
processing needed to assess the day-to-day
operational performance of the system in
support of hour-to-hour operational
decisionmaking.
(f) Long-Term Pavement Performance Program.--
(1) Authority.--The Secretary shall complete the 20-
year long-term pavement performance program tests
initiated under the strategic highway research program
established under section 307(d) (as in effect on June
8, 1998).
(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 under
subparagraph (A); and
(C) prepare products to fulfill program
objectives and meet future pavement technology
needs.
[(f)] (g) Seismic Research Program.--
(1) * * *
* * * * * * *
[(g)] (h) Infrastructure Investment Needs Report.--
(1) * * *
* * * * * * *
(i) Turner-Fairbank Highway Research Center.--
(1) In general.--The Secretary shall operate in the
Federal Highway Administration a Turner-Fairbank
Highway Research Center.
(2) Uses of the center.--The Turner-Fairbank Highway
Research Center shall support--
(A) the conduct of highway research and
development related to new highway technology;
(B) the development of understandings, tools,
and techniques that provide solutions to
complex technical problems through the
development of economical and environmentally
sensitive designs, efficient and quality-
controlled construction practices, and durable
materials; and
(C) the development of innovative highway
products and practices.
(j) Long-Term Bridge Performance Program.--
(1) Authority.--The Secretary shall establish a 20-
year long-term bridge 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 test
bridges;
(B) analyze the data obtained under
subparagraph (A); and
(C) prepare products to fulfill program
objectives and meet future bridge technology
needs.
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.]
(1) Establishment.--The Secretary shall develop and
administer a national technology deployment program.
* * * * * * *
[(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.]
(7) 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,
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 activities concerning
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 an application based on
whether the project that is the subject of the
grant meets the purpose of the program
described in paragraph (2).
(8) Technology and information transfer.--The
Secretary shall ensure that the information and
technology resulting from research conducted under
paragraph (7) is made available to State and local
transportation departments and other interested parties
as specified by the Secretary.
* * * * * * *
(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.]
(1) In general.--The Secretary shall establish and
carry out a program to promote, demonstrate, evaluate,
and document the application of innovative designs,
materials, and construction methods in the
construction, repair, and rehabilitation of bridges and
other highway structures.
(2) Goals.--The goals of the program shall include--
(A) the development of new, cost-effective,
innovative highway bridge applications;
(B) the development of construction
techniques to increase safety and reduce
construction time and traffic congestion;
(C) the development of engineering design
criteria for innovative products, materials,
and structural systems for use in highway
bridges and structures;
(D) the reduction of maintenance costs and
life-cycle costs of bridges, including the
costs of new construction, replacement, or
rehabilitation of deficient bridges;
(E) the development of highway bridges and
structures that will withstand natural
disasters;
(F) the documentation and wide dissemination
of objective evaluations of the performance and
benefits of these innovative designs,
materials, and construction methods;
(G) the effective transfer of resulting
information and technology; and
(H) the development of improved methods to
detect bridge scour and economical bridge
foundation designs that will withstand bridge
scour.
* * * * * * *
(c) Innovative Pavement Research and Deployment Program.--
(1) In general.--The Secretary shall establish and
implement a program to promote, demonstrate, support,
and document the application of innovative pavement
technologies, practices, performance, and benefits.
(2) Goals.--The goals of the innovative pavement
research and deployment program shall include--
(A) the deployment of new, cost-effective,
innovative designs, materials, and practices to
extend pavement life and performance and to
improve customer satisfaction;
(B) the reduction of initial costs and life-
cycle costs of pavements, including the costs
of new construction, replacement, maintenance,
and rehabilitation;
(C) the deployment of accelerated
construction techniques to increase safety and
reduce construction time and traffic disruption
and congestion;
(D) the deployment of engineering design
criteria and specifications for innovative
practices, products, and materials for use in
highway pavements;
(E) the deployment of new nondestructive and
real-time pavement evaluation technologies and
techniques;
(F) the evaluation, refinement, and
documentation of the performance and benefits
of innovative technologies deployed to improve
life, performance, cost effectiveness, safety,
and customer satisfaction;
(G) effective technology transfer and
information dissemination to accelerate
implementation of innovative technologies and
to improve life, performance, cost
effectiveness, safety, and customer
satisfaction; and
(H) the development of designs and materials
to reduce storm water runoff.
(3) Research to improve nhs pavement.--The Secretary
shall obligate not less than $2,000,000 for fiscal year
2004 and $6,000,000 for each of fiscal years 2005
through 2009 from funds made available to carry out
this subsection to conduct research to improve asphalt
pavement, concrete pavement, and aggregates used in
highways on the National Highway System.
(d) Safety Innovation Deployment Program.--
(1) In general.--The Secretary shall establish and
implement a program to demonstrate the application of
innovative technologies in highway safety.
(2) Goals.--The goals of the program shall include--
(A) the deployment and evaluation of safety
technologies and innovations at State and local
levels; and
(B) the deployment of best practices in
training, management, design, and planning.
(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,
States, other Federal agencies, universities
and colleges, private sector entities, and
nonprofit organizations for research,
development, and technology transfer for
innovative safety technologies.
(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
application 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.
(e) Promotional Authority.--Funds authorized to be
appropriated for necessary expenses for administration and
operation of the Federal Highway Administration shall be
available to purchase promotional items of nominal value for
use in the recruitment of individuals and to promote the
programs of the Federal Highway Administration.
Sec. 504. Training and education
(a) National Highway Institute.--
(1) * * *
* * * * * * *
[(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.]
(3) Courses.--The Institute may develop and
administer courses in modern developments, techniques,
methods, regulations, management, and procedures in
areas, including surface transportation, environmental
mitigation, compliance, stewardship, and streamlining,
acquisition of rights-of-way, relocation assistance,
engineering, safety, transportation system management
and operations, construction, maintenance, contract
administration, inspection, and highway finance.
* * * * * * *
(b) Local Technical Assistance Program.--
(1) * * *
* * * * * * *
(3) Federal share.--
(A) Grants.--A grant under this subsection
may be used to pay up to 50 percent of local
technical assistance program costs. Funds
available for technology transfer and training
purposes under this title and title 49 may be
used to cover the remaining 50 percent of the
program costs.
(B) Tribal technical assistance centers.--The
Federal share of the cost of activities carried
out by the tribal technical assistance centers
under paragraph (2)(D)(ii) shall be 100
percent.
* * * * * * *
(d) Garrett A. Morgan Technology and Transportation Futures
Program.--The Secretary shall carry out a program, to be known
as the ``Garrett A. Morgan Technology and Transportation
Futures Program'', for the following purposes:
(1) To attract young people in all levels of
education, from elementary school through college, to
careers in transportation, with a special emphasis on
attracting minorities, women, and other
underrepresented groups.
(2) To enhance the math, science, and technology
skills of young people to prepare them for careers in
transportation.
(e) Surface Transportation Workforce Development, Training,
and Education.--
(1) Funding.--Subject to project approval by the
Secretary, a State may obligate funds apportioned to
the State under sections 104(b)(1), 104(b)(2),
104(b)(3), 104(b)(4), and 144(e) for surface
transportation workforce development, training and
education, including--
(A) tuition and direct educational expenses,
excluding salaries, in connection with the
education and training of employees of State
and local transportation agencies;
(B) employee professional development;
(C) student internships;
(D) university or community college support;
and
(E) education activities, including outreach,
to develop interest and promote participation
in surface transportation careers.
(2) Federal share.--The Federal share of the cost of
activities carried out in accordance with this
subsection shall be 100 percent.
(3) Surface transportation workforce development,
training, and education defined.--In this subsection,
the term ``surface transportation workforce
development, training, and education'' means activities
associated with surface transportation career
awareness, student transportation career preparation,
and training and professional development for surface
transportation workers, including activities for women
and minorities.
(f) Freight Capacity Building Program.--
(1) Establishment.--The Secretary shall establish a
freight planning capacity building initiative to
support enhancements in freight transportation planning
in order to--
(A) better target investments in freight
transportation systems to maintain efficiency
and productivity; and
(B) strengthen the decisionmaking capacity of
State transportation departments and local
transportation agencies with respect to freight
transportation planning and systems.
(2) Agreements.--The Secretary shall enter into
agreements to support and carry out administrative and
management activities relating to the governance of the
freight planning capacity initiative.
(3) Stakeholder involvement.--In carrying out this
section, the Secretary shall consult with the
Association of Metropolitan Planning Organizations, the
American Association of State Highway and
Transportation Officials, and other freight planning
stakeholders, including the other Federal agencies,
State transportation departments, local governments,
nonprofit entities, academia, and the private sector.
(4) Eligible activities.--The freight planning
capacity building initiative shall include research,
training, and education in the following areas:
(A) The identification and dissemination of
best practices in freight transportation.
(B) Providing opportunities for freight
transportation staff to engage in peer
exchange.
(C) Refinement of data and analysis tools
used in conjunction with assessing freight
transportation needs.
(D) Technical assistance to State
transportation departments and local
transportation agencies reorganizing to address
freight transportation issues.
(E) Facilitating relationship building
between governmental and private entities
involved in freight transportation.
(F) Identifying ways to target the capacity
of State transportation departments and local
transportation agencies to address freight
considerations in operations, security, asset
management, and environmental excellence in
connection with long-range multimodal
transportation planning and project
implementation.
(5) Funding.--
(A) Federal share.--The Federal share of the
cost of an activity carried out under this
section shall be up to 100 percent, and such
funds shall remain available until expended.
(B) Use of non-federal funds.--Funds made
available for the program established under
this subsection may be used for research,
program development, information collection and
dissemination, and technical assistance. The
Secretary may use such funds independently or
make grants to, or enter into contracts,
cooperative agreements, and other transactions
with, a Federal agency, State agency, local
agency, Federally recognized Indian tribal
government or tribal consortium, authority,
association, nonprofit or for-profit
corporation, or institution of higher
education, to carry out the purposes of this
subsection.
* * * * * * *
[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. 507. Surface transportation environment and planning cooperative
research program
(a) Establishment.--The Secretary shall establish and carry
out a collaborative, public-private surface transportation
environment and planning cooperative research program.
(b) Agreement.--The Secretary shall enter into an agreement
with the National Academy of Sciences to carry out
administrative and management activities relating to the
governance of the surface transportation environment and
planning cooperative research program.
(c) Advisory Committee.--
(1) Establishment.--The Secretary shall establish a
committee that will be responsible for program
oversight and project selection.
(2) Membership.--The members of the committee shall
be appointed by the Secretary and shall be composed
of--
(A) representatives of State, regional, and
local transportation agencies, including
transit agencies;
(B) representatives of State environmental
agencies and other environmental organizations;
(C) representatives of the transportation
private sector;
(D) transportation and environmental
scientists and engineers; and
(E) representatives of the Federal Highway
Administration, Federal Transit Administration,
Environmental Protection Agency, United States
Fish and Wildlife Service, Corps of Engineers,
American Association of State Highway and
Transportation Officials, and American Public
Transportation Association, who shall serve in
an ex officio capacity.
(3) Balance.--The majority of the committee's voting
members shall be representatives of government
transportation agencies.
(4) Meetings.--The National Academy of Sciences shall
convene meetings of the committee.
(d) Governance.--The program established under this section
shall include the following administrative and management
elements:
(1) National research agenda.--The advisory
committee, in consultation with interested parties,
shall develop, recommend, and periodically update a
national research agenda for the program. The national
research agenda shall include a multiyear strategic
plan.
(2) Involvement.--Interested parties may--
(A) submit research proposals;
(B) participate in merit reviews of research
proposals and peer reviews of research
products; and
(C) receive research results.
(3) Open competition and peer review of research
proposals.--The National Academy of Sciences may award
under the program research contracts and grants through
open competition and merit review conducted on a
regular basis.
(4) Evaluation of research.--
(A) Peer review.--Research contracts and
grants may allow peer review of the research
results.
(B) Programmatic evaluations.--The National
Academy of Sciences may conduct periodic
programmatic evaluations on a regular basis.
(5) Dissemination of research findings.--The National
Academy of Sciences shall disseminate research findings
to researchers, practitioners, and decisionmakers,
through conferences and seminars, field demonstrations,
workshops, training programs, presentations, testimony
to government officials, World Wide Web, and
publications for the general public.
(e) Contents.--The national research agenda for the program
required under subsection (d)(1) shall include research in the
following areas for the purposes described:
(1) Human health.--Human health to establish the
links between transportation activities and human
health; substantiate the linkages between exposure to
concentration levels, emissions, and health impacts;
examine the potential health impacts from the
implementation and operation of transportation
infrastructure and services; develop strategies for
avoidance and reduction of these impacts; and develop
strategies to understand the economic value of health
improvements and for incorporating health
considerations into valuation methods.
(2) Ecology and natural systems.--Ecology and natural
systems to measure transportation's short- and long-
term impact on natural systems; develop ecologically
based performance measures; develop insight into both
the spatial and temporal issues associated with
transportation and natural systems; study the
relationship between highway density and ecosystem
integrity, including the impacts of highway density on
habitat integrity and overall ecosystem health; develop
a rapid assessment methodology for use by
transportation and regulatory agencies in determining
the relationship between highway density and ecosystem
integrity; and develop ecologically based performance
techniques to evaluate the success of highway project
mitigation and enhancement measures.
(3) Environmental and socioeconomic relationships.--
Environmental and socioeconomic relationships to
understand differences in mobility, access, travel
behavior, and travel preferences across socioeconomic
groups; develop improved planning approaches that
better reflect and respond to community needs; improve
evaluation methods for examining the incidence of
benefits and costs; examine the differential impacts of
current methods of finance and explore alternatives;
understand the socioeconomic implications of emerging
land development patterns and new transportation
technologies; develop cost-effective applications of
technology that improve the equity of the transport
system; and develop improved methods for community
involvement, collaborative planning, and conflict
resolution.
(4) Emerging technologies.--Emerging technologies to
assist in the transition to environmentally benign
fuels and vehicles for passengers and freight; develop
responses to and demand for new technologies that could
offer improved environmental performance; identify
possible applications of intelligent transportation
systems technologies for environmental benefit; develop
policy instruments that would encourage the development
of beneficial new technologies in a cost-effective
manner; and respond to the impact of new technologies.
(5) Land use.--Land use to assess land consumption
trends and contributing factors of transportation
investment, housing policies, school quality, and
consumer preferences; incorporate impacts of
transportation investments on location decision and
land use; identify the costs and benefits of current
development patterns and their transportation
implications; determine the effect of the built
environment on people's willingness to walk, drive, or
take public transportation; determine the roles of
public policy and institutional arrangements in current
and prospective land use and transportation choices;
and develop improved data, methods, and processes for
considering land use, transportation, and the
environment in an integrated, systematic fashion.
(6) Planning and performance measures.--Planning and
performance measures to improve understanding of travel
needs and preferences; improve planning methods for
system analysis, forecasting, and decisionmaking;
expand information on consumer choice processes and
travel and activity patterns for both local and long-
distance trips and both passenger and freight
transportation analysis of social, environmental, and
economic benefits and cost of various transport
options; develop tools for measuring and forecasting
complex transportation decisions for all modes and
users; and develop performance measures and policy
analysis approaches that can be used to determine
effectiveness.
(7) Other research areas.--Other research areas to
identify and address the emerging and future surface
transportation research needs related to planning and
environment.
(f) Funding.--
(1) Federal share.--The Federal share of the cost of
an activity carried out under this section shall be up
to 100 percent, and such funds shall remain available
until expended.
(2) Use of non-federal funds.--In addition to using
funds authorized to be appropriated to carry out this
section, the National Academy of Sciences may seek and
accept additional funding sources to carry out this
section from public and private entities capable of
attracting and accepting funding from the Department of
Transportation, Environmental Protection Agency,
Department of Energy, United States Fish and Wildlife
Service, and other Federal environmental agencies,
States, local governments, nonprofit foundations, and
the private sector.
Sec. 508. Surface transportation research strategic planning
(a) * * *
* * * * * * *
(c) Surface Transportation Research and Technology
Development Strategic Plan.--
(1) * * *
* * * * * * *
(3) National research council review.--The Secretary
shall enter into an agreement for the review by the
National Research Council of the details of each--
(A) * * *
* * * * * * *
(C) program performance report required under
section 1116 of title 31,
* * * * * * *
Sec. 509. National cooperative freight transportation research program
(a) Establishment.--The Secretary shall establish and support
a national cooperative freight transportation research program.
(b) Agreement.--The Secretary shall enter into an agreement
with the National Academy of Sciences to support and carry out
administrative and management activities relating to the
governance of the national cooperative freight transportation
research program.
(c) Advisory Committee.--The National Academy of Sciences
shall select an advisory committee consisting of a
representative cross-section of freight stakeholders, including
the Department of Transportation, other Federal agencies, State
transportation departments, local governments, nonprofit
entities, academia, and the private sector.
(d) Governance.--The national cooperative freight
transportation research program established under this section
shall include the following administrative and management
elements:
(1) National research agenda.--The advisory
committee, in consultation with interested parties,
shall recommend a national research agenda for the
program. The agenda shall include a multiyear strategic
plan.
(2) Involvement.--Interested parties may--
(A) submit research proposals to the advisory
committee;
(B) participate in merit reviews of research
proposals and peer reviews of research
products; and
(C) receive research results.
(3) Open competition and peer review of research
proposals.--The National Academy of Sciences may award
research contracts and grants under the program through
open competition and merit review conducted on a
regular basis.
(4) Evaluation of research.--
(A) Peer review.--Research contracts and
grants under the program may allow peer review
of the research results.
(B) Programmatic evaluations.--The National
Academy of Sciences may conduct periodic
programmatic evaluations on a regular basis of
research contracts and grants.
(5) Dissemination of research findings.--The National
Academy of Sciences shall disseminate research findings
to researchers, practitioners, and decisionmakers,
through conferences and seminars, field demonstrations,
workshops, training programs, presentations, testimony
to government officials, World Wide Web, publications
for the general public, and other appropriate means.
(e) Contents.--The national research agenda required under
subsection (d)(1) shall include research in the following
areas:
(1) Techniques for estimating and quantifying public
benefits derived from freight transportation projects.
(2) Alternative approaches to calculating the
contribution of truck and rail traffic to congestion on
specific highway segments.
(3) The feasibility of consolidating origins and
destinations for freight movement.
(4) Methods for incorporating estimates of
international trade into landside transportation
planning.
(5) The use of technology applications to increase
capacity of highway lanes dedicated to truck-only
traffic.
(6) Development of physical and policy alternatives
for separating car and truck traffic.
(7) Ways to synchronize infrastructure improvements
with freight transportation demand.
(8) The effect of changing patterns of freight
movement on transportation planning decisions relating
to rest areas.
(9) Other research areas to identify and address the
emerging and future research needs related to freight
transportation by all modes.
(f) Funding.--
(1) Federal share.--The Federal share of the cost of
an activity carried out under this section shall be up
to 100 percent, and such funds shall remain available
until expended.
(2) Use of non-federal funds.--In addition to using
funds authorized for this section, the National Academy
of Sciences may seek and accept additional funding
sources from public and private entities capable of
accepting funding from the Department of
Transportation, States, local governments, nonprofit
foundations, and the private sector.
Sec. 510. Future strategic highway research program
(a) Establishment.--The Secretary, in consultation with the
American Association of State Highway and Transportation
Officials, shall establish and carry out, acting through the
National Research Council of the National Academy of Sciences,
the future strategic highway research program.
(b) Cooperative Agreements.--The Secretary may make grants
to, and enter into cooperative agreements with, the American
Association of State Highway and Transportation Officials and
the National Academy of Sciences to carry out such activities
under this subsection as the Secretary determines are
appropriate.
(c) Period of Availability.--Funds made available to carry
out this section shall remain available for the fiscal year in
which such funds are made available and the 3 succeeding fiscal
years.
(d) Program Priorities.--
(1) Program elements.--The program established under
this section shall be based on the National Research
Council Special Report 260, entitled ``Strategic
Highway Research: Saving Lives, Reducing Congestion,
Improving Quality of Life'' and the results of the
detailed planning work subsequently carried out in 2002
and 2003 to identify the research areas through
National Cooperative Research Program Project 20-58.
The research program shall include an analysis of the
following:
(A) Renewal of aging highway infrastructure
with minimal impact to users of the facilities.
(B) Driving behavior and likely crash causal
factors to support improved countermeasures.
(C) Reducing highway congestion due to
nonrecurring congestion.
(D) Planning and designing new road capacity
to meet mobility, economic, environmental, and
community needs.
(2) Dissemination of results.--The research results
of the program, expressed in terms of technologies,
methodologies, and other appropriate categorizations,
shall be disseminated to practicing engineers for their
use, as soon as practicable.
(e) Program Administration.--In carrying out the program
under this section, the National Research Council shall ensure,
to the maximum extent practicable, that--
(1) projects and researchers are selected to conduct
research for the program on the basis of merit and open
solicitation of proposals and review by panels of
appropriate experts;
(2) State department of transportation officials and
other stakeholders, as appropriate, are involved in the
governance of the program at the overall program level
and technical level through the use of expert panels
and committees;
(3) the Council acquires a qualified, permanent core
staff with the ability and expertise to manage the
program and multiyear budget; and
(4) there is no duplication of research effort
between the program and any other research effort of
the Department.
(f) Report on Implementation of Results.--
(1) Report.--The Transportation Research Board of the
National Research Council shall complete a report on
the strategies and administrative structure to be used
for implementation of the results of the future
strategic highway research program.
(2) Components.--The report under paragraph (1) shall
include with respect to the program--
(A) an identification of the most promising
results of research under the program
(including the persons most likely to use the
results);
(B) a discussion of potential incentives for,
impediments to, and methods of, implementing
those results;
(C) an estimate of costs of implementation of
those results; and
(D) recommendations on methods by which
implementation of those results should be
conducted, coordinated, and supported in future
years, including a discussion of the
administrative structure and organization best
suited to carry out those recommendations.
(3) Consultation.--In developing the report, the
Transportation Research Board shall consult with a wide
variety of stakeholders, including--
(A) the Federal Highway Administration;
(B) the National Highway Traffic Safety
Administration; and
(C) the American Association of State Highway
and Transportation Officials.
(4) Submission.--Not later than February 1, 2009, the
report shall be submitted to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives.
(g) Limitation of Remedies.--
(1) Same remedy as if united states.--The remedy
against the United States provided by sections 1346(b)
and 2672 of title 28 for injury, loss of property,
personal injury, or death shall apply to any claim
against the National Academy of Sciences for money
damages for injury, loss of property, personal injury,
or death caused by any negligent or wrongful act or
omission by employees and individuals described in
paragraph (3) arising from activities conducted under
or in connection with this section. Any such claim
shall be subject to the limitations and exceptions
which would be applicable to such claim if such claim
were against the United States. With respect to any
such claim, the Secretary shall be treated as the head
of the appropriate Federal agency for purposes of
sections 2672 and 2675 of title 28.
(2) Exclusiveness of remedy.--The remedy referred to
in paragraph (1) shall be exclusive of any other civil
action or proceeding for the purpose of determining
liability arising from any such act or omission without
regard to when the act or omission occurred.
(3) Treatment.--Employees of the National Academy of
Sciences and other individuals appointed by the
president of the National Academy of Sciences and
acting on its behalf in connection with activities
carried out under this section shall be treated as if
they are employees of the Federal Government under
section 2671 of title 28 for purposes of a civil action
or proceeding with respect to a claim described in
paragraph (1). The civil action or proceeding shall
proceed in the same manner as any proceeding under
chapter 171 of title 28 or action against the United
States filed pursuant to section 1346(b) of title 28
and shall be subject to the limitations and exceptions
applicable to such a proceeding or action.
(4) Sources of payments.--Payment of any award,
compromise, or settlement of a civil action or
proceeding with respect to a claim described in
paragraph (1) shall be paid first out of insurance
maintained by the National Academy of Sciences, second
from funds made available to carry out this section,
and then from sums made available under section 1304 of
title 31. For purposes of such section, such an award,
compromise, or settlement shall be deemed to be a
judgment, award, or settlement payable under section
2414 or 2672 of title 28. The Secretary may establish a
reserve of funds made available to carry out this
section for making payments under this paragraph.
(h) Funding.--
(1) Federal share.--The Federal share of the cost of
an activity carried out using amounts made available
under a grant or cooperative agreement under this
section shall be 100 percent, and such funds shall
remain available until expended.
(2) Advance payments.--The Secretary may make advance
payments as necessary to carry out the program under
this section.
CHAPTER 6--INFRASTRUCTURE FINANCE
Sec.
601. Generally applicable provisions.
602. Determination of eligibility and project selection.
603. Secured loans.
604. Lines of credit.
605. Program administration.
606. State and local permits.
607. Regulations.
608. Funding.
609. State infrastructure bank program.
[Sec. 181. Definitions]
Sec. 601. Generally applicable provisions
[In this subchapter] (a) Definitions.--In this chapter, the
following definitions apply:
(1) * * *
(2) Federal credit instrument.--The term ``Federal
credit instrument'' means a secured loan, loan
guarantee, or line of credit authorized to be made
available under [this subchapter] chapter with respect
to a project.
(3) Investment-grade rating.--The term ``investment-
grade rating'' means a rating [category] of BBB minus,
Baa3, or higher assigned by a rating agency to project
obligations [offered into the capital markets].
* * * * * * *
(5) Line of credit.--The term ``line of credit''
means an agreement entered into by the Secretary with
an obligor under section [184] 604 to provide a direct
loan at a future date upon the occurrence of certain
events.
* * * * * * *
[(7) Local servicer.--The term ``local servicer''
means--
[(A) a State infrastructure bank established
under this title; or
[(B) a State or local government or any
agency of a State or local government that is
responsible for servicing a Federal credit
instrument on behalf of the Secretary.]
[(8)] (7) Obligor.--The term ``obligor'' means a
party primarily liable for payment of the principal of
or interest on a Federal credit instrument, which party
may be a corporation, partnership, joint venture,
trust, or governmental entity, agency, or
instrumentality.
[(9)] (8) Project.--The term ``project'' means--
(A) * * *
(B) a project for an international bridge or
tunnel for which an international entity
authorized under Federal or State law is
responsible[.];
* * * * * * *
[(10)] (9) Project obligation.--The term ``project
obligation'' means any note, bond, debenture, or other
debt obligation issued by an obligor in connection with
the financing of a project, other than a Federal credit
instrument.
[(11)] (10) Rating agency.--The term ``rating
agency'' means a [bond] credit rating agency identified
by the Securities and Exchange Commission as a
Nationally Recognized Statistical Rating Organization.
[(12)] (11) Secured loan.--The term ``secured loan''
means a direct loan or other debt obligation issued by
an obligor and funded by the Secretary in connection
with the financing of a project under section [183]
603.
[(13)] (12) State.--The term ``State'' has the
meaning given the term in section 101.
[(14)] (13) Subsidy amount.--The term ``subsidy
amount'' means the amount of budget authority
sufficient to cover the estimated long-term cost to the
Federal Government of a Federal credit instrument,
calculated on a net present value basis, excluding
administrative costs and any incidental effects on
governmental receipts or outlays in accordance with the
provisions of the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
[(15)] (14) Substantial completion.--The term
``substantial completion'' means the opening of a
project to vehicular or passenger traffic.
(b) Treatment of Chapter.--For purposes of this title, this
chapter shall be treated as being part of chapter 1.
Sec. [182] 602. Determination of eligibility and project selection
(a) Eligibility.--To be eligible to receive financial
assistance under [this subchapter] chapter, a project shall
meet the following criteria:
[(1) Inclusion in transportation plans and
programs.--The project--
[(A) shall be included in the State
transportation plan required under section 135;
and
[(B) at such time as an agreement to make
available a Federal credit instrument is
entered into under this subchapter, shall be
included in the approved State transportation
improvement program required under section 134.
[(2) Application.--A State, a local servicer
identified under section 185(a), or the entity
undertaking the project shall submit a project
application to the Secretary.]
(1) Inclusion in transportation plans and programs.--
The project shall satisfy the applicable planning and
programming requirements of sections 134 and 135 at
such time as an agreement to make available a Federal
credit instrument is entered into under this
subchapter.
(2) Application.--A State, a local government, public
authority, public-private partnership, or any other
legal entity undertaking the project and authorized by
the Secretary, shall submit a project application to
the Secretary.
(3) Eligible project costs.--
(A) In general.--Except as provided in
subparagraph (B), to be eligible for assistance
under [this subchapter] chapter, a project
shall have eligible project costs that are
reasonably anticipated to equal or exceed the
lesser of--
(i) [$100,000,000] $50,000,000; or
* * * * * * *
(B) Intelligent transportation system
projects.--In the case of a project principally
involving the installation of an intelligent
transportation system, eligible project costs
shall be reasonably anticipated to equal or
exceed [$30,000,000] $15,000,000.
(4) Dedicated revenue sources.--[Project financing]
The Federal credit instrument shall be repayable, in
whole or in part, from tolls, user fees, or other
dedicated revenue sources that also secure the project
obligations.
* * * * * * *
(b) Selection Among Eligible Projects.--
(1) Establishment.--The Secretary shall establish
criteria for selecting among projects that meet the
eligibility [criteria] requirements specified in
subsection (a).
(2) Selection criteria.--
(A) In general.--The selection criteria shall
include the following:
(i) * * *
* * * * * * *
(iii) The extent to which assistance
under [this subchapter] chapter would
foster innovative public-private
partnerships and attract private debt
or equity investment.
(iv) The likelihood that assistance
under [this subchapter] chapter would
enable the project to proceed at an
earlier date than the project would
otherwise be able to proceed.
* * * * * * *
(vi) The amount of budget authority
required to fund the Federal credit
instrument made available under [this
subchapter] chapter.
* * * * * * *
(viii) The extent to which assistance
under this chapter and chapter 1 would
reduce the contribution of Federal
grant assistance to the project.
(B) Preliminary rating opinion letter.--For
purposes of subparagraph (A)(ii), the Secretary
shall require each project applicant to provide
a preliminary rating opinion letter from at
least 1 rating agency indicating that the
project's senior obligations, which may be the
Federal credit instrument, have the potential
to achieve an investment-grade rating.
(c) Federal Requirements.--In addition to the requirements of
this title for highway projects, chapter 53 of title 49 for
transit projects, and section 5333(a) of title 49 for rail
projects, the following provisions of law shall apply to funds
made available under [this subchapter] chapter and projects
assisted with the funds:
(1) * * *
* * * * * * *
Sec. [183] 603. Secured loans
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) through
(4), the Secretary may enter into agreements with 1 or
more obligors to make secured loans, the proceeds of
which shall be used--
(A) to finance eligible project costs of any
project selected under section 602; or
(B) to refinance interim construction
financing of eligible project costs[;
[of any project selected under section 182] of any
project selected under section 602.
* * * * * * *
(3) Risk assessment.--Before entering into an
agreement under this subsection, the Secretary, in
consultation with the Director of the Office of
Management and Budget and each rating agency providing
a preliminary rating opinion letter under section
[182(b)(2)(B)] 602(b)(2)(B), shall determine an
appropriate capital reserve subsidy amount for each
secured loan, taking into account such letter.
(4) Investment-grade rating requirement.--[The
funding] The execution of a secured loan under this
section shall be contingent on the project's senior
obligations receiving an investment-grade rating[,
except that--
[(A) the Secretary may fund an amount of the
secured loan not to exceed the capital reserve
subsidy amount determined under paragraph (3)
prior to the obligations receiving an
investment-grade rating; and
[(B) the Secretary may fund the remaining
portion of the secured loan only after the
obligations have received an investment-grade
rating by at least 1 rating agency].
(b) Terms and Limitations.--
(1) * * *
(2) Maximum amount.--The amount of the secured loan
shall not exceed the lesser of 33 percent of the
reasonably anticipated eligible project costs or the
amount of the senior project obligations.
(3) Payment.--The secured loan--
(A) shall--
(i) be payable, in whole or in part,
from tolls, user fees, or other
dedicated revenue sources that also
secure the senior project obligations;
and
* * * * * * *
(4) Interest rate.--The interest rate on the secured
loan shall be not less than the yield on [marketable]
United States Treasury securities of a similar maturity
to the maturity of the secured loan on the date of
execution of the loan agreement.
* * * * * * *
(8) Non-federal share.--The proceeds of a secured
loan under [this subchapter] chapter may be used for
any non-Federal share of project costs required under
this title or chapter 53 of title 49, if the loan is
repayable from non-Federal funds.
(c) Repayment.--
(1) * * *
* * * * * * *
[(3) Sources of repayment funds.--The sources of
funds for scheduled loan repayments under this section
shall include tolls, user fees, or other dedicated
revenue sources.]
[(4)] (3) Deferred payments.--
(A) * * *
* * * * * * *
[(5)] (4) Prepayment.--
(A) * * *
* * * * * * *
Sec. [184] 604. Lines of credit
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) through
(4), the Secretary may enter into agreements to make
available lines of credit to 1 or more obligors in the
form of direct loans to be made by the Secretary at
future dates on the occurrence of certain events for
any project selected under section [182] 602.
* * * * * * *
(3) Risk assessment.--Before entering into an
agreement under this subsection, the Secretary, in
consultation with the Director of the Office of
Management and Budget and each rating agency providing
a preliminary rating opinion letter under section
[182(b)(2)(B)] 602(b)(2)(B), shall determine an
appropriate capital reserve subsidy amount for each
line of credit, taking into account such letter.
* * * * * * *
(b) Terms and Limitations.--
(1) * * *
* * * * * * *
(3) Draws.--Any draw on the line of credit shall
represent a direct loan and shall be made only if net
revenues from the project (including capitalized
interest[, any debt service reserve fund,] but not
including reasonably required financing reserves and
any other available reserve) are insufficient to pay
the costs specified in subsection (a)(2).
(4) Interest rate.--The interest rate on a direct
loan resulting from a draw on the line of credit shall
be not less than the yield on 30-year [marketable]
United States Treasury securities as of the date [on
which] of execution of the line of credit [is
obligated] agreement.
(5) Security.--The line of credit--
(A) shall--
(i) be payable, in whole or in part,
from tolls, user fees, or other
dedicated revenue sources that also
secure the senior project obligations;
and
* * * * * * *
(10) Relationship to other credit instruments.--A
project that receives a line of credit under this
section also shall not receive a secured loan or loan
guarantee under section [183] 603 of an amount that,
combined with the amount of the line of credit, exceeds
33 percent of eligible project costs.
(c) Repayment.--
(1) * * *
(2) Timing.--All [scheduled] repayments of principal
or interest on a direct loan under this section shall
be scheduled to commence not later than 5 years after
the end of the period of availability specified in
subsection (b)(6) and [be fully repaid, with interest,]
conclude, with full repayment of principal and
interest, by the date that is 25 years after the end of
the period of availability specified in subsection
(b)(6).
[(3) Sources of repayment funds.--The sources of
funds for scheduled loan repayments under this section
shall include tolls, user fees, or other dedicated
revenue sources.]
[Sec. 185. Project servicing
[(a) Requirement.--The State in which a project that receives
financial assistance under [this subchapter] chapter is located
may identify a local servicer to assist the Secretary in
servicing the Federal credit instrument made available under
this subchapter.
[(b) Agency; Fees.--If a State identifies a local servicer
under subsection (a), the local servicer--
[(1) shall act as the agent for the Secretary; and
[(2) may receive a servicing fee, subject to approval
by the Secretary.
[(c) Liability.--A local servicer identified under subsection
(a) shall not be liable for the obligations of the obligor to
the Secretary or any lender.
[(d) Assistance From Expert Firms.--The Secretary may retain
the services of expert firms in the field of municipal and
project finance to assist in the underwriting and servicing of
Federal credit instruments.]
Sec. 605. Program administration
(a) Requirement.--The Secretary shall establish a uniform
system to service the Federal credit instrument made available
under this chapter.
(b) Fees.--The Secretary may establish fees at a level to
cover all or a portion of the costs to the Federal Government
of servicing the Federal credit instrument.
(c) Services.--The Secretary may identify a financial entity
to assist the Secretary in servicing a Federal credit
instrument. The services--
(1) shall act as the agent for the Secretary; and
(2) shall receive a servicing fee, subject to
approval by the Secretary.
(d) Assistance From Expert Firms.--The Secretary may retain
the services of one or more expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments.
Sec. [186] 606. State and local permits
The provision of financial assistance under [this subchapter]
chapter with respect to a project shall not--
(1) * * *
* * * * * * *
Sec. [187] 607. Regulations
The Secretary may issue such regulations as the Secretary
determines appropriate to carry out [this subchapter] chapter.
[Sec. 188. Funding
[(a) Funding.--
[(1) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this
subchapter--
[(A) $80,000,000 for fiscal year 1999;
[(B) $90,000,000 for fiscal year 2000;
[(C) $110,000,000 for fiscal year 2001;
[(D) $120,000,000 for fiscal year 2002;
[(E) $130,000,000 for fiscal year 2003; and
[(F) $81,666,666 for the period of October 1,
2003, through April 30, 2004.
[(2) Administrative costs.--From funds made available
under paragraph (1), the Secretary may use, for the
administration of this subchapter, not more than
$2,000,000 for each of fiscal years 1999 through 2003
and $833,333 for the period of October 1, 2003, through
February 29, 2004.
(3) Availability.--Amounts made available under
paragraph (1) shall remain available until expended.
[(b) Contract Authority.--
[(1) In general.--Notwithstanding any other provision
of law, approval by the Secretary of a Federal credit
instrument that uses funds made available under this
subchapter shall be deemed to be acceptance by the
United States of a contractual obligation to fund the
Federal credit instrument.
[(2) Availability.--Amounts authorized under this
section for a fiscal year shall be available for
obligation on October 1 of the fiscal year.
[(c) Limitations on Credit Amounts.--For each of fiscal years
1999 through 2004, principal amounts of Federal credit
instruments made available under this subchapter shall be
limited to the amounts specified in the following table:
Maximum amount
[Fiscal year: of credit:
1999.................................................. $1,600,000,000
2000.................................................. $1,800,000,000
2001.................................................. $2,200,000,000
2002.................................................. $2,400,000,000
2003.................................................. $2,600,000,000
2004.................................................. $1,083,333,333.
[Sec. 189. Report to Congress
[Not later than 4 years after the date of enactment of this
subchapter, the Secretary shall submit to Congress a report
summarizing the financial performance of the projects that are
receiving, or have received, assistance under this subchapter,
including a recommendation as to whether the objectives of this
subchapter are best served--
[(1) by continuing the program under the authority of
the Secretary;
[(2) by establishing a Government corporation or
Government-sponsored enterprise to administer the
program; or
[(3) by phasing out the program and relying on the
capital markets to fund the types of infrastructure
investments assisted by this subchapter without Federal
participation.]
Sec. 608. Funding
(a) Funding.--
(1) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) $130,000,000 for fiscal year
2004 and $140,000,000 for each of fiscal years 2005
through 2009 to carry out this chapter.
(2) Administrative costs.--From funds made available
under paragraph (1), the Secretary may use, for the
administration of this subchapter, not more than
$3,000,000 for each of fiscal years 2004 through 2009.
(3) Availability.--Amounts made available under
paragraph (1) shall remain available until expended.
(b) Contract Authority.--
(1) In general.--Notwithstanding any other provision
of law, approval by the Secretary of a Federal credit
instrument that uses funds made available under this
chapter shall be deemed to be acceptance by the United
States of a contractual obligation to fund the Federal
credit instrument.
(2) Availability.--Amounts authorized under this
section for a fiscal year shall be available for
obligation on October 1 of the fiscal year.
(c) Limitations on Credit Amounts.--For each of fiscal years
2004 through 2009, principal amounts of Federal credit
instruments made available under this chapter shall be limited
to $2,600,000,000.
Sec. 609. State infrastructure bank program
(a) Definitions.--In this section, the following definitions
apply:
(1) Capital project.--The term ``capital project''
has the meaning such term has under section 5302 of
title 49, United States Code.
(2) Other forms of credit assistance.--The term
``other forms of credit assistance'' includes any use
of funds in an infrastructure bank--
(A) to provide credit enhancements;
(B) to serve as a capital reserve for bond or
debt instrument financing;
(C) to subsidize interest rates;
(D) to insure or guarantee letters of credit
and credit instruments against credit risk of
loss;
(E) to finance purchase and lease agreements
with respect to transit projects;
(F) to provide bond or debt financing
instrument security; and
(G) to provide other forms of debt financing
and methods of leveraging funds that are
approved by the Secretary and that relate to
the project with respect to which such
assistance is being provided.
(3) State.--The term ``State'' has the meaning such
term has under section 401 of this title.
(4) Capitalization.--The term ``capitalization''
means the process used for depositing funds as initial
capital into a State infrastructure bank to establish
the infrastructure bank.
(5) Cooperative agreement.--The term ``cooperative
agreement'' means written consent between a State and
the Secretary which sets forth the manner in which the
infrastructure bank established by the State in
accordance with this section will be administered.
(6) Loan.--The term ``loan'' means any form of direct
financial assistance from a State infrastructure bank
that is required to be repaid over a period of time and
that is provided to a project sponsor for all or part
of the costs of the project.
(7) Guarantee.--The term ``guarantee'' means a
contract entered into by a State infrastructure bank in
which the bank agrees to take responsibility for all or
a portion of a project sponsor's financial obligations
for a project under specified conditions.
(8) Initial assistance.--The term ``initial
assistance'' means the first round of funds that are
loaned or used for credit enhancement by a State
infrastructure bank for projects eligible for
assistance under this section.
(9) Leverage.--The term ``leverage'' means a
financial structure used to increase funds in a State
infrastructure bank through the issuance of debt
instruments.
(10) Leveraged.--The term ``leveraged'', as used with
respect to a State infrastructure bank, means that the
bank has total potential liabilities that exceed the
capital of the bank.
(b) Cooperative Agreements.--Subject to the provisions of
this section, the Secretary may enter into cooperative
agreements with States for the establishment of State
infrastructure banks for making loans and providing other forms
of credit assistance to public and private entities carrying
out or proposing to carry out projects eligible for assistance
under this section.
(c) Interstate Compacts.--Congress grants consent to 2 or
more of the States, entering into a cooperative agreement under
subsection (a) with the Secretary for the establishment by such
States of a multi-State infrastructure bank in accordance with
this section, to enter into an interstate compact establishing
such bank in accordance with this section.
(d) Funding.--
(1) Highway account.--Subject to subsection (j), the
Secretary may permit a State entering into a
cooperative agreement under this section to establish a
State infrastructure bank to deposit into the highway
account of the bank not to exceed--
(A) 10 percent of the funds apportioned to
the State for each of fiscal years 2004 through
2009 under each of sections 104(b)(1),
104(b)(3), 104(b)(4), and 144; and
(B) 10 percent of the funds allocated to the
State for each of such fiscal years under
section 105.
(2) Transit account.--Subject to subsection (j), the
Secretary may permit a State entering into a
cooperative agreement under this section to establish a
State infrastructure bank, and any other recipient of
Federal assistance under section 5307, 5309, or 5311 of
title 49, to deposit into the transit account of the
bank not to exceed 10 percent of the funds made
available to the State or other recipient in each of
fiscal years 2004 through 2009 for capital projects
under each of such sections.
(3) Rail account.--Subject to subsection (j), the
Secretary may permit a State entering into a
cooperative agreement under this section to establish a
State infrastructure bank, and any other recipient of
Federal assistance under subtitle V of title 49, to
deposit into the rail account of the bank funds made
available to the State or other recipient in each of
fiscal years 2004 through 2009 for capital projects
under such subtitle.
(4) Capital grants.--
(A) Highway account.--Federal funds deposited
into a highway account of a State
infrastructure bank under paragraph (1) shall
constitute for purposes of this section a
capitalization grant for the highway account of
the bank.
(B) Transit account.--Federal funds deposited
into a transit account of a State
infrastructure bank under paragraph (2) shall
constitute for purposes of this section a
capitalization grant for the transit account of
the bank.
(C) Rail account.--Federal funds deposited
into a rail account of a State infrastructure
bank under paragraph 3 shall constitute for
purposes of this section a capitalization grant
for the rail account of the bank.
(5) Special rule for urbanized areas of over
200,000.--Funds in a State infrastructure bank that are
attributed to urbanized areas of a State with urbanized
populations of over 200,000 under section 133(d)(3) may
be used to provide assistance with respect to a project
only if the metropolitan planning organization
designated for such area concurs, in writing, with the
provision of such assistance.
(6) Discontinuance of funding.--If the Secretary
determines that a State is not implementing the State's
infrastructure bank in accordance with a cooperative
agreement entered into under subsection (b), the
Secretary may prohibit the State from contributing
additional Federal funds to the bank.
(e) Forms of Assistance From Infrastructure Banks.--An
infrastructure bank established under this section may make
loans or provide other forms of credit assistance to a public
or private entity in an amount equal to all or a part of the
cost of carrying out a project eligible for assistance under
this section. The amount of any loan or other form of credit
assistance provided for the project may be subordinated to any
other debt financing for the project. Initial assistance
provided with respect to a project from Federal funds deposited
into an infrastructure bank under this section may not be made
in the form of a grant.
(f) Eligible Projects.--Subject to subsection (e), funds in
an infrastructure bank established under this section may be
used only to provide assistance for projects eligible for
assistance under this title and capital projects defined in
section 5302 of title 49, and any other projects related to
surface transportation that the Secretary determines to be
appropriate.
(g) Infrastructure Bank Requirements.--In order to establish
an infrastructure bank under this section, the State
establishing the bank shall--
(1) deposit in cash, at a minimum, into each account
of the bank from non-Federal sources an amount equal to
25 percent of the amount of each capitalization grant
made to the State and deposited into such account;
except that, if the deposit is into the highway account
of the bank and the State has a non-Federal share under
section 120(b) that is less than 25 percent, the
percentage to be deposited from non-Federal sources
shall be the lower percentage of such grant;
(2) ensure that the bank maintains on a continuing
basis an investment grade rating on its debt, or has a
sufficient level of bond or debt financing instrument
insurance, to maintain the viability of the bank;
(3) ensure that investment income derived from funds
deposited to an account of the bank are--
(A) credited to the account;
(B) available for use in providing loans and
other forms of credit assistance to projects
eligible for assistance from the account; and
(C) invested in United States Treasury
securities, bank deposits, or such other
financing instruments as the Secretary may
approve to earn interest to enhance the
leveraging of projects assisted by the bank;
(4) ensure that any loan from the bank will bear
interest at or below market interest rates, as
determined by the State, to make the project that is
the subject of the loan feasible;
(5) ensure that repayment of any loan from the bank
will commence not later than 5 years after the project
has been completed or, in the case of a highway
project, the facility has opened to traffic, whichever
is later;
(6) ensure that the term for repaying any loan will
not exceed 30 years after the date of the first payment
on the loan; and
(7) require the bank to make an annual report to the
Secretary on its status no later than September 30 of
each year and such other reports as the Secretary may
require under guidelines issued to carry out this
section.
(h) Applicability of Federal Law.--
(1) In general.--The requirements of this title and
title 49 that would otherwise apply to funds made
available under this title or such title and projects
assisted with those funds shall apply to--
(A) funds made available under this title or
such title and contributed to an infrastructure
bank established under this section, including
the non-Federal contribution required under
subsection (g); and
(B) projects assisted by the bank through the
use of the funds;
except to the extent that the Secretary determines that
any requirement of such title (other than sections 113
and 114 of this title and section 5333 of title 49), is
not consistent with the objectives of this section.
(2) Repayments.--The requirements of this title and
title 49 shall apply to repayments from non-Federal
sources to an infrastructure bank from projects
assisted by the bank. Such a repayment shall be
considered to be Federal funds.
(i) United States not Obligated.--The deposit of Federal
funds into an infrastructure bank established under this
section shall not be construed as a commitment, guarantee, or
obligation on the part of the United States to any third party,
nor shall any third party have any right against the United
States for payment solely by virtue of the contribution. Any
security or debt-financing instrument issued by the
infrastructure bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or
obligation of the United States.
(j) Management of Federal Funds.--Sections 3335 and 6503 of
title 31, shall not apply to funds deposited into an
infrastructure bank under this section.
(k) Program Administration.--For each of fiscal years 2004
through 2009, a State may expend not to exceed 2 percent of the
Federal funds contributed to an infrastructure bank established
by the State under this section to pay the reasonable costs of
administering the bank.
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
CHAPTER 1--ORGANIZATION
* * * * * * *
Sec. 102. Department of Transportation
(a) * * *
* * * * * * *
(f) Deputy Assistant Secretary for Tribal Government
Affairs.--The Department of Transportation shall have, within
the office of the Secretary, a Deputy Assistant Secretary for
Tribal Government Affairs appointed by the President to plan,
coordinate, and implement the Department of Transportation
policy and programs serving Indian tribes and tribal
organizations and to coordinate tribal transportation programs
and activities in all offices and administrations of the
Department and to be a participant in any negotiated rulemaking
related to, or has impact on, projects, programs, or funding
associated with the tribal transportation program.
[(f)] (g) The Department shall have a seal that shall be
judicially recognized.
[(g)] (h) The Department has an Associate Deputy Secretary
appointed by the President, by and with the advice and consent
of the Senate. The Associate Deputy Secretary shall carry out
powers and duties prescribed by the Secretary.
* * * * * * *
Sec. 111. Bureau of Transportation Statistics
(a) * * *
[(b) Director.--
[(1) Appointment.--The Bureau shall be headed by a
Director who shall be appointed by the President, by
and with the advice and consent of the Senate.
[(2) Qualifications.--The Director shall be appointed
from among individuals who are qualified to serve as
the Director by virtue of their training and experience
in the compilation and analysis of transportation
statistics.
[(3) Reporting.--The Director shall report directly
to the Secretary.
[(4) Term.--The term of the Director shall be 4
years. The Director may continue to serve after the
expiration of the term until a successor is appointed
and confirmed.
[(c) Responsibilities.--The Director of the Bureau shall be
responsible for carrying out the following duties:
[(1) Compiling transportation statistics.--Compiling,
analyzing, and publishing a comprehensive set of
transportation statistics to provide timely summaries
and totals (including industrywide aggregates and
multiyear averages) of transportation-related
information. Such statistics shall be suitable for
conducting cost-benefit studies (including comparisons
among individual transportation modes and intermodal
transport systems) and shall include information on--
[(A) productivity in various parts of the
transportation sector;
[(B) traffic flows;
[(C) travel times;
[(D) vehicle weights;
[(E) variables influencing traveling
behavior, including choice of transportation
mode;
[(F) travel costs of intracity commuting and
intercity trips;
[(G) availability of mass transit and the
number of passengers served by each mass
transit authority;
[(H) frequency of vehicle and transportation
facility repairs and other interruptions of
transportation service;
[(I) accidents;
[(J) collateral damage to the human and
natural environment;
[(K) the condition of the transportation
system; and
[(L) transportation-related variables that
influence global competitiveness.
[(2) Implementing long-term data collection
program.--Establishing and implementing, in cooperation
with the modal administrators, the States, and other
Federal officials a comprehensive, long-term program
for the collection and analysis of data relating to the
performance of the transportation systems of the United
States. Such program shall--
[(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;
[(B) ensure that data is collected under this
subsection in a manner which will maximize the
ability to compare data from different regions
and for different time periods; and
[(C) ensure that data collected under this
subsection is controlled for accuracy, made
relevant to the States and metropolitan
planning organizations, and disseminated to the
States and other interested parties.
[(3) Issuing guidelines.--Issuing guidelines for the
collection of information by the Department of
Transportation required for statistics to be compiled
under paragraph (1) in order to ensure that such
information is accurate, reliable, relevant, and in a
form that permits systematic analysis. 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.
[(4) Coordinating collection of information.--
Coordinating the collection of information by the
Department of Transportation required for statistics to
be compiled under paragraph (1) with related
information-gathering activities conducted by other
Federal departments and agencies and collecting
appropriate data not elsewhere gathered.
[(5) Making statistics accessible.--Making the
statistics published under this subsection readily
accessible.
[(6) Identifying information needs.--Identifying
information that is needed under paragraph (1) but
which is not being collected, reviewing such needs at
least annually with the Advisory Council on
Transportation Statistics, and making recommendations
to appropriate Department of Transportation research
officials concerning extramural and intramural research
programs to provide such information.
[(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.
[(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.
[(h) Limitations on Statutory Construction.--Nothing in this
section shall be construed--
[(1) to authorize the Bureau to require any other
department or agency to collect data; or
[(2) to reduce the authority of any other officer of
the Department of Transportation to collect and
disseminate data independently.
[(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.
[(j) Transportation Statistics Annual Report.--The Director
shall transmit to the President and Congress a Transportation
Statistics Annual Report which shall include information on
items referred to in subsection (c)(1), documentation of
methods used to obtain and ensure the quality of the statistics
presented in the report, and recommendations for improving
transportation statistical information.
[(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) Director.--
(1) In general.--The Bureau shall be headed by a
Director who shall be appointed by the President, by
and with the advice and consent of the Senate.
(2) Appointment.--The Director shall be appointed
from among individuals who are qualified to serve as
the Director by virtue of their training and experience
in the collection, analysis and use of transportation
data.
(3) Reporting to secretary.--The Director shall
report directly to the Secretary of Transportation.
(4) Term.--The term of the Director shall be 4 years.
The Director may continue to serve after the expiration
of the term until a successor is appointed and
confirmed.
(c) Responsibilities.--The Director of the Bureau shall serve
as the Secretary's senior advisor on data and statistics and be
responsible for carrying out the following duties:
(1) Collecting, analyzing, and disseminating data
concerning the domestic and international movement of
freight.
(2) Collecting, analyzing, and disseminating data
concerning travel patterns for local and long-distance
travel, at the local, State, national, and
international levels.
(3) Developing, analyzing, and disseminating
information on the economics of transportation.
(4) Building and disseminating the transportation
layer of the National Spatial Data Infrastructure,
including coordinating the development of
transportation geospatial data standards, compiling
intermodal geospatial data, and collecting geospatial
data that is not being collected by others.
(5) Developing, publishing, and disseminating a
comprehensive set of measures of investment, use,
costs, performance, and impacts of the national
transportation system, including publishing an annual
transportation statistics abstract.
(6) Identifying information needs of the Department
and reviewing such needs at least annually with the
Advisory Council on Transportation Statistics of the
Bureau.
(7) Conducting or supporting research relating to
methods of gathering or analyzing transportation
statistics and issuing guidelines for the collection of
information by the Department in order to ensure that
such information is accurate, relevant, comparable,
accessible, and in a form that permits systematic
analysis.
(d) Coordinating Collection of Information.--The Director
shall work with the operating administrations of the Department
to establish and implement the Bureau's data programs and to
improve the coordination of information collection efforts with
other Federal agencies.
(e) Supporting Transportation Decisionmaking.--The Director
shall ensure that the statistics compiled under this section
are relevant for transportation policy, planning, and
decisionmaking by the Federal Government, State and local
governments, transportation-related associations, private
businesses, and the public. The Director shall provide to the
Department's other operating administrations technical
assistance on collecting, compiling, analyzing, and verifying
transportation data and statistics and the design of surveys.
(f) National Transportation Library.--
(1) In general.--The Director shall establish and
maintain a National Transportation Library. The Library
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
disseminate information under subsection (c).
(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).
(4) Transportation research information service.--The
Director shall provide the full financial support for
the web-based version of the Transportation Research
Information Service.
(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) if
each of the grants, agreements, and contracts--
(A) provide for an alternative means of
accomplishing program-related research of the
Department;
(B) contribute to research and development of
new methods of transportation data collection;
or
(C) improve the methods for sharing
geographic transportation data.
(2) Funding limit.--Not more than $500,000 of the
amounts made available to carry out this section in a
fiscal year may be used for research and development
grants under this subsection.
(h) Transportation Statistics Annual Report.--By March 31 of
each year, the Director shall transmit to the President and
Congress a report that includes information on the subjects
described in subsection (c), documentation of the methods used
to obtain the information and ensure the quality of the
statistics presented in the report, and recommendations for
improving transportation statistical information.
(i) Proceeds of Data Product Sales.--Notwithstanding section
3302 of title 31, 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.
(j) Limitations on Statutory Construction.--Nothing in this
section shall be construed to--
(1) authorize the Bureau to require any other
department or agency to collect data; or
(2) reduce the authority of any other officer of the
Department of Transportation to collect and disseminate
data independently.
(k) Mandatory Response Authority for Freight Data
Collection.--Whoever, being the owner, official, agent, person
in charge, or assistant to the person in charge of any
corporation, company, business, institution, establishment, or
organization of any nature whatsoever, neglects or refuses,
when requested by the Director or other authorized officer,
employee, or contractor of the Bureau, to answer completely and
correctly to the best of his or her knowledge all questions
relating to the corporation, company, business, institution,
establishment, or other organization, or to make available
records or statistics in his or her official custody, contained
in a data collection request prepared and submitted under the
authority of subsection (c)(1), shall be fined not more than
$500; but if he or she willfully gives a false answer to such a
question, he or she shall be fined not more than $10,000.
(l) Prohibition on Certain Disclosures.--
(1) In general.--An officer, employee or contractor
of the Bureau may not--
(A) make any disclosure in which the data
provided by an individual or organization under
subsection (c) can be identified;
(B) use the information provided under
subsection (c) 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) Copies of reports.--
(A) In general.--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) with the Bureau or retained by
an individual respondent.
(B) Limitation on judicial proceedings.--A
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 determined by direct or indirect
means.
(3) Informing respondent of use of data.--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.
(m) Data Access.--The Director shall have access to
transportation and transportation-related information in the
possession of any Federal agency except information--
(1) the disclosure of which to another Federal agency
is expressly prohibited by law; or
(2) the disclosure of which the agency so requested
determines would significantly impair the discharge of
authorities and responsibilities which have been
delegated to, or vested by law, in such agency.
(n) Advisory Council on Transportation Statistics.--
(1) Establishment.--There is established in the
Bureau an Advisory Council on Transportation
Statistics.
(2) Function.--It shall be the function of the
Advisory Council to advise the Director of the Bureau
on transportation statistics and analyses, including
whether or not the statistics and analysis disseminated
by the Bureau are of high quality and are based upon
the best available objective information.
(3) Membership.--The Advisory Council shall be
composed of not more than 6 members appointed by the
Director who are not officers or employees of the
United States. Each member shall have expertise in
transportation data collection or analysis or
application; except that 1 member shall have expertise
in economics, 1 member shall have expertise in
statistics, and 1 member shall have expertise in
transportation safety. At least 1 member shall be a
senior official of a State department of
transportation.
(4) Applicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 App.
U.S.C.) shall apply to the advisory council established
under this section, except that section 14 of such Act
shall not apply to the Advisory Council.
* * * * * * *
Sec. 113. Federal Motor Carrier Safety Administration
(a) * * *
* * * * * * *
(j) Medical Review Board.--
(1) Establishment and function.--The Administrator
shall establish a Medical Review Board as an advisory
committee to provide the Administration with medical
advice and recommendations on driver qualification
medical standards and guidelines, medical examiner
education, and medical research.
(2) Composition.--The Medical Review Board shall
consist of 5 members appointed for a term not to exceed
3 years by the Secretary from medical institutions and
private medical practice. The membership shall reflect
expertise in a variety of medical specialties relevant
to the functions of the Administration.
* * * * * * *
CHAPTER 3--GENERAL DUTIES AND POWERS
* * * * * * *
SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION
* * * * * * *
Sec. 303. Policy on lands, wildlife and waterfowl refuges, and historic
sites
(a) * * *
* * * * * * *
(d) Special Rules for Historic Sites.--
(1) In general.--The requirements of this section are
deemed to be satisfied in any case in which the
treatment of a historic site has been agreed upon in
accordance with section 106 of the National Historic
Preservation Act (16 U.S.C. 470f) and the agreement
includes a determination that the program or project
will not have an adverse effect on the historic site.
(2) Limitation on applicability.--This subsection
does not apply in any case in which the Advisory
Council on Historic Preservation determines, concurrent
with or prior to the conclusion of section 106
consultation, that allowing section 106 compliance to
satisfy the requirements of this section would be
inconsistent with the objectives of the National
Historic Preservation Act. The Council shall make such
a determination if petitioned to do so by a section 106
consulting party, unless the Council affirmatively
finds that the views of the requesting party have been
adequately considered and that section 106 compliance
will adequately protect historic properties.
(3) Definitions.--In this subsection, the following
definitions apply:
(A) Section 106 consultation.--The term
``section 106 consultation'' means the
consultation process required under section 106
of the National Historic Preservation Act (16
U.S.C. 470f).
(B) Adverse effect.--The term ``adverse
effect'' means altering, directly or
indirectly, any of the characteristics of a
historic property that qualify the property for
inclusion in the National Register in a manner
that would diminish the integrity of the
property's location, design, setting,
materials, workmanship, feeling, or
association.
* * * * * * *
SUBCHAPTER III--MISCELLANEOUS
Sec. 351. Judicial review of actions in carrying out certain
transferred duties and powers
(a) Judicial Review.--An action of the Secretary of
Transportation in carrying out a duty or power transferred
under the Department of Transportation Act (Public Law 89-670,
80 Stat. 931), or an action of the Administrator of the Federal
Railroad Administration, the [Federal Highway Administration]
Federal Motor Carrier Safety Administration, or the Federal
Aviation Administration in carrying out a duty or power
specifically assigned to the Administrator by that Act, may be
reviewed judicially to the same extent and in the same way as
if the action had been an action by the department, agency, or
instrumentality of the United States Government carrying out
the duty or power immediately before the transfer or
assignment.
* * * * * * *
Sec. 352. Authority to carry out certain transferred duties and powers
In carrying out a duty or power transferred under the
Department of Transportation Act (Public Law 89-670, 80 Stat.
931), the Secretary of Transportation and the Administrators of
the Federal Railroad Administration, the [Federal Highway
Administration] Federal Motor Carrier Safety Administration,
and the Federal Aviation Administration have the same authority
that was vested in the department, agency, or instrumentality
of the United States Government carrying out the duty or power
immediately before the transfer. An action of the Secretary or
Administrator in carrying out the duty or power has the same
effect as when carried out by the department, agency, or
instrumentality.
* * * * * * *
CHAPTER 5--SPECIAL AUTHORITY
* * * * * * *
SUBCHAPTER II--PENALTIES
* * * * * * *
Sec. 521. Civil penalties
(a) * * *
[(b)(1)(A) If the Secretary]
(b) Violations Relating to Commercial Motor Vehicle Safety
Regulation and Operators.--
(1) Notice.--
(A) In general.--If the Secretary finds that
a violation of a provision of subchapter III of
chapter 311 (except sections 31138 and 31139)
or section 31302, 31303, 31304, 31305(b),
31310(g)(1)(A), or 31502 of this title, or a
violation of a regulation issued under any of
those provisions, has occurred, the Secretary
shall issue a written notice to the violator.
Such notice shall describe with reasonable
particularity the nature of the violation found
and the provision which has been violated. The
notice shall specify the proposed civil
penalty, if any, and suggest actions which
might be taken in order to abate the violation.
The notice shall indicate that the violator
may, within 15 days of service, notify the
Secretary of the violator's intention to
contest the matter. In the event of a contested
notice, the Secretary shall afford such
violator an opportunity for a hearing, pursuant
to section 554 of title 5, following which the
Secretary shall issue an order affirming,
modifying, or vacating the notice of violation.
* * * * * * *
(2) Civil Penalty.--
(A) * * *
(B) Recordkeeping and reporting violations.--
A person required to make a report to the
Secretary, answer a question, or make, prepare,
or preserve a record under section 504 of this
title or under any regulation issued by the
Secretary pursuant to subchapter III of chapter
311 (except sections 31138 and 31139) or
section 31502 of this title about
transportation by motor carrier, motor carrier
of migrant workers, or motor private carrier,
or an officer, agent, or employee of that
person--
(i) who does not make that report,
does not specifically, completely, and
truthfully answer that question in 30
days from the date the Secretary
requires the question to be answered,
or does not make, prepare, or preserve
that record in the form and manner
prescribed by the Secretary, shall be
liable to the United States for a civil
penalty in an amount not to exceed
[$500] $1,000 for each offense, and
each day of the violation shall
constitute a separate offense, except
that the total of all civil penalties
assessed against any violator for all
offenses related to any single
violation shall not exceed [$5,000]
$10,000; or
(ii) who knowingly falsifies,
destroys, mutilates, or changes a
required report or record, knowingly
files a false report with the
Secretary, knowingly makes or causes or
permits to be made a false or
incomplete entry in that record about
an operation or business fact or
transaction, or knowingly makes,
prepares, or preserves a record in
violation of a regulation or order of
the Secretary, shall be liable to the
United States for a civil penalty in an
amount not to exceed [$5,000] $10,000
for each violation, if any such action
can be shown to have misrepresented a
fact that constitutes a violation other
than a reporting or recordkeeping
violation.
* * * * * * *
(E) Copying of records and access to
equipment, lands, and buildings.--A person
subject to chapter 51 or part B of subtitle VI
who fails to allow the Secretary, or an
employee designated by the Secretary, promptly
upon demand to inspect and copy any record or
inspect and examine equipment, lands,
buildings, and other property in accordance
with section 504(c), 5121(c), or 14122(b) shall
be liable to the United States for a civil
penalty not to exceed $1,000 for each offense.
Each day the Secretary is denied the right to
inspect and copy any record or inspect and
examine equipment, lands, buildings, and other
property shall constitute a separate offense;
except that the total of all civil penalties
against any violator for all offenses related
to a single violation shall not exceed $10,000.
It shall be a defense to such penalty that the
records did not exist at the time of the
Secretary's request or could not be timely
produced without unreasonable expense or
effort. Nothing in this subparagraph shall be
construed as amending or superseding any remedy
available to the Secretary under section
502(d), section 507(c), or any other provision
of this title.
* * * * * * *
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
Chapter Sec.
TRANSPORTATION OF HAZARDOUS MATERIAL..........................5101
TRANSPORTATION PLANNING AND PROJECT DELIVERY..................5201
5301[MASS] PUBLIC TRANSPORTATION......................................
* * * * * * *
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec.
5101. Purpose.
* * * * * * *
[5111. Rail tank cars.]
* * * * * * *
[5117. Exemptions and exclusions.
[5118. Inspectors.]
5117. Special permits and exclusions.
* * * * * * *
[5127. Authorization of appropriations.]
5127. Judicial review.
5128. Authorization of appropriations.
Sec. 5101. Purpose
[The purpose of this chapter is to provide adequate
protection against the risks to life and property inherent in
the transportation of hazardous material in commerce by
improving the regulatory and enforcement authority of the
Secretary of Transportation.] The purpose of this chapter is to
protect against the risks to life, property, and the
environment that are inherent in the transportation of
hazardous material in intrastate, interstate, and foreign
commerce.
Sec. 5102. Definitions
In this chapter--
(1) ``commerce'' means trade or transportation in the
jurisdiction of the United States--
(A) between a place in a State and a place
outside of the State; [or]
(B) that affects trade or transportation
between a place in a State and a place outside
of the State[.]; or
(C) on a United States registered aircraft.
(2) ``hazardous material'' means a substance or
material the Secretary [of Transportation] designates
under section 5103(a) of this title.
* * * * * * *
(11) ``Secretary'' means the Secretary of
Transportation.
[(11)] (12) ``State'' means--
(A) * * *
* * * * * * *
[(12)] (13) ``transports'' or ``transportation''
means the movement of property and loading, unloading,
or storage incidental to the movement.
[(13)] (14) ``United States'' means all of the
States.
Sec. 5103. General regulatory authority
(a) Designating Material as Hazardous.--The Secretary [of
Transportation] shall designate material (including an
explosive, radioactive material, [etiologic agent,] infectious
substance, flammable or combustible liquid or solid, [poison,]
toxic, oxidizing or corrosive material, and compressed gas) or
a group or class of material as hazardous when the Secretary
decides that transporting the material in commerce in a
particular amount and form may pose an unreasonable risk to
health and safety or property.
(b) Regulations for Safe Transportation.--(1) The Secretary
shall prescribe regulations for the safe transportation,
including security, of hazardous material in intrastate,
interstate, and foreign commerce. The regulations--
(A) apply to a person--
(i) [transporting] that transports hazardous
material in commerce;
(ii) [causing] that causes hazardous material
to be transported in commerce; [or]
[(iii) manufacturing, fabricating, marking,
maintaining, reconditioning, repairing, or
testing a packaging or a container that is
represented, marked, certified, or sold by that
person as qualified for use in transporting
hazardous material in commerce; and]
(iii) that designs, manufactures, fabricates,
inspects, marks, maintains, reconditions,
repairs, or tests a package or container that
is represented, marked, certified, or sold by
that person as qualified for use in
transporting hazardous material in commerce;
(iv) that prepares or accepts hazardous
material for transportation in commerce;
(v) that is responsible for the safety of
transporting hazardous material in commerce;
(vi) that certifies compliance with any
requirement of this chapter; or
(vii) that misrepresents whether the person
is engaged in any of the activities described
in this subparagraph; and
* * * * * * *
(2) A proceeding to prescribe the regulations must be
conducted under section 553 of title 5, including an
opportunity for informal oral presentation.
[(C)] (3) Consultation.--When prescribing a security
regulation or issuing a security order that affects the safety
of the transportation of hazardous material, the Secretary of
Homeland Security shall consult with the Secretary.
Sec. 5103a. Limitation on issuance of hazmat licenses
(a) Limitation.--
(1) Issuance of licenses.--A State may not issue to
any individual a license to operate a motor vehicle
transporting in commerce a hazardous material unless
the Secretary [of Transportation] has first determined,
upon receipt of a notification under subsection
(c)(1)(B), that the individual does not pose a security
risk warranting denial of the license.
(2) Renewals included.--For the purposes of this
section, the term ``issue'', with respect to a license,
includes renewal of the license.
(b) Hazardous Materials Described.--The limitation in
subsection (a) shall apply with respect to--
(1) any material defined as a hazardous material by
the Secretary [of Transportation]; and
(2) any chemical or biological material or agent
determined by the Secretary of Health and Human
Services or the Attorney General as being a threat to
the national security of the United States.
(c) Background Records Check.--
(1) In general.--Upon the request of a State
regarding issuance of a license described in subsection
(a)(1) to an individual, the Attorney General--
(A) * * *
(B) upon completing the background records
check, shall notify the Secretary [of
Transportation] of the completion and results
of the background records check.
(2) Scope.--A background records check regarding an
individual under [this subsection] paragraph (1) shall
consist of the following:
(A) * * *
* * * * * * *
(3) Standards.--The Secretary shall prescribe by
regulation uniform standards (including standards used
to disqualify applicants) governing--
(A) the collection by States of background
information authorized by paragraph (1);
(B) the collection, transmission, and review
of background information; and
(C) the notification of an applicant of the
results of the background check.
(4) Fees.--A State may impose and collect an
appropriate fee to carry out paragraph (1) consistent
with section 5125(f).
(5) Operators registered in mexico and canada.--No
operator of a commercial motor vehicle (as defined in
section 31101) licensed in Mexico or Canada may operate
in the United States a commercial motor vehicle
transporting hazardous material until the operator has
undergone a background records check similar to the
background records check required of operators of
commercial motor vehicles licensed in the United States
to transport hazardous materials.
(d) Reporting Requirement.--Each State shall submit to the
Secretary [of Transportation], at such time and in such manner
as the Secretary may prescribe, the name, address, and such
other information as the Secretary may require, concerning--
(1) * * *
* * * * * * *
Sec. 5104. Representation and tampering
(a) Representation.--[A] No person may represent, by marking
or otherwise, that--
(1) a container, package, or packaging (or a
component of a container, package, or packaging) for
transporting hazardous material is safe, certified, or
complies with this chapter [only if the container,
package, or packaging (or a component of a container,
package, or packaging) meets] if it does not conform to
the requirements of each applicable regulation
prescribed under this chapter; or
(2) hazardous material is present in a package,
container, motor vehicle, rail freight car, aircraft,
or vessel [only if] unless the material is present.
(b) Tampering.--[A person may not] No person may alter,
remove, destroy, or otherwise tamper unlawfully with--
(1) * * *
* * * * * * *
Sec. 5105. Transporting certain highly radioactive material
(a) * * *
(b) Transportation Safety Study.--In consultation with the
Secretary of Energy, the Nuclear Regulatory Commission,
potentially affected States and Indian tribes, representatives
of the rail transportation industry, and shippers of high-level
radioactive waste and spent nuclear fuel, the Secretary [of
Transportation] shall conduct a study comparing the safety of
using trains operated only to transport high-level radioactive
waste and spent nuclear fuel with the safety of using other
methods of rail transportation for transporting that waste and
fuel. The Secretary [of Transportation] shall submit to
Congress not later than November 16, 1991, a report on the
results of the study.
(c) Safe Rail Transportation Regulations.--Not later than
November 16, 1992, after considering the results of the study
conducted under subsection (b) of this section, the Secretary
[of Transportation] shall prescribe amendments to existing
regulations that the Secretary considers appropriate to provide
for the safe rail transportation of high-level radioactive
waste and spent nuclear fuel, including trains operated only
for transporting high-level radioactive waste and spent nuclear
fuel.
[(d) Routes and Modes Study.--Not later than November 16,
1991, the Secretary of Transportation shall conduct a study to
decide which factors, if any, shippers and carriers should
consider when selecting routes and modes that would enhance
overall public safety related to the transportation of high-
level radioactive waste and spent nuclear fuel. The study shall
include--
[(1) notice and opportunity for public comment; and
[(2) an assessment of the degree to which at least
the following affect the overall public safety of the
transportation:
[(A) population densities.
[(B) types and conditions of modal
infrastructures (including highways, railbeds,
and waterways).
[(C) quantities of high-level radioactive
waste and spent nuclear fuel.
[(D) emergency response capabilities.
[(E) exposure and other risk factors.
[(F) terrain considerations.
[(G) continuity of routes.
[(H) available alternative routes.
[(I) environmental impact factors.]
[(e)] (d) Inspections of Motor Vehicles Transporting Certain
Material.--(1) Not later than November 16, 1991, the Secretary
[of Transportation] shall require by regulation that before
each use of a motor vehicle to transport a highway-route-
controlled quantity of radioactive material in commerce, the
vehicle shall be inspected and certified as complying with this
chapter and applicable United States motor carrier safety laws
and regulations. The Secretary may require that the inspection
be carried out by an authorized United States Government
inspector or according to appropriate State procedures.
(2) The Secretary [of Transportation] may allow a person,
transporting or causing to be transported a highway-route-
controlled quantity of radioactive material, to inspect the
motor vehicle used to transport the material and to certify
that the vehicle complies with this chapter. The inspector
qualification requirements the Secretary prescribes for an
individual inspecting a motor vehicle apply to an individual
conducting an inspection under this paragraph.
Sec. 5106. Handling criteria
The Secretary [of Transportation] may prescribe criteria for
handling hazardous material, including--
(1) * * *
* * * * * * *
Sec. 5107. Hazmat employee training requirements and grants
(a) Training Requirements.--The Secretary [of Transportation]
shall prescribe by regulation requirements for training that a
hazmat employer must give hazmat employees of the employer on
the safe loading, unloading, handling, storing, and
transporting of hazardous material and emergency preparedness
for responding to an accident or incident involving the
transportation of hazardous material. The regulations--
(1) * * *
* * * * * * *
(b) Beginning and Completing Training.--A hazmat employer
shall begin the training of hazmat employees of the employer
not later than 6 months after the Secretary [of Transportation]
prescribes the regulations under subsection (a) of this
section. The training shall be completed within a reasonable
period of time after--
(1) * * *
* * * * * * *
(c) Certification of Training.--After completing the
training, each hazmat employer shall certify, with
documentation the Secretary [of Transportation] may require by
regulation, that the hazmat employees of the employer have
received training and have been tested on appropriate
transportation areas of responsibility, including at least one
of the following:
(1) * * *
* * * * * * *
(d) Coordination of Training Requirements.--In consultation
with the Administrator of the Environmental Protection Agency
and the Secretary of Labor, the Secretary [of Transportation]
shall ensure that the training requirements prescribed under
this section do not conflict with or duplicate--
(1) * * *
* * * * * * *
(f) Training of Certain Employees.--The Secretary shall
ensure that maintenance-of-way employees and railroad signalmen
receive general awareness/familiarization training and safety
training pursuant to section 172.704 of title 49, Code of
Federal Regulations.
[(f)] (g) Relationship to Other Laws.--(1) Chapter 35 of
title 44 does not apply to an activity of the Secretary [of
Transportation] under subsections (a)-(d) of this section.
(2) An action of the Secretary [of Transportation] under
subsections (a)-(d) of this section and [sections 5106,
5108(a)-(g)(1) and (h), and 5109 of this title] section 5106 is
not an exercise, under section 4(b)(1) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), of
statutory authority to prescribe or enforce standards or
regulations affecting occupational safety or health.
[(g)] (h) Existing Effort.--No grant under subsection (e)
shall supplant or replace existing employer-provided hazardous
materials training efforts or obligations.
Sec. 5108. Registration
(a) Persons Required to File.--(1) A person shall file a
registration statement with the Secretary [of Transportation]
under this subsection if the person is transporting or causing
to be transported in commerce any of the following:
(A) * * *
(B) more than 25 kilograms of a [class A or B]
Division 1.1, 1.2, or 1.3 explosive in a motor vehicle,
rail car, or transport container.
* * * * * * *
(2) The Secretary [of Transportation] may require any of the
following persons to file a registration statement with the
Secretary under this subsection:
(A) * * *
(B) a person [manufacturing, fabricating, marking,
maintaining, reconditioning, repairing, or testing]
designing, manufacturing, fabricating, inspecting,
marking, maintaining, reconditioning, repairing, or
testing a package or container the person represents,
marks, certifies, or sells for use in transporting in
commerce hazardous material the Secretary designates.
(3) A person required to file a registration
statement under this subsection may transport or cause
to be transported, or manufacture, fabricate, mark,
maintain, recondition, repair, or test a package or
container for use in transporting, hazardous material,
only if the person has a statement on file as required
by this subsection.
* * * * * * *
(b) Form, Contents, and Limitation on Filings.--(1) A
registration statement under subsection (a) of this section
shall be in the form and contain information the Secretary [of
Transportation] requires by regulation. The Secretary may use
existing forms of the Department of Transportation and the
Environmental Protection Agency to carry out this subsection.
The statement shall include--
(A) * * *
* * * * * * *
(c) [Filing Deadlines and Amendments.--] Filing Schedule.--
(1) Each person required to file a registration statement under
subsection (a) of this section [must file the first] shall file
that statement [not later than March 31, 1992. The Secretary of
Transportation may extend that date to September 30, 1992, for
activities referred to in subsection (a)(1) of this section.]
in accordance with regulations issued by the Secretary. A
person shall renew the statement periodically consistent with
regulations the Secretary prescribes, but not more than once
each year and not less than once every 5 years.
(2) The Secretary [of Transportation] shall decide by
regulation when and under what circumstances a registration
statement must be amended and the procedures to follow in
amending the statement.
(d) Simplifying the Registration Process.--The Secretary [of
Transportation] may take necessary action to simplify the
registration process under subsections (a)-(c) of this section
and to minimize the number of applications, documents, and
other information a person is required to file under this
chapter and other laws of the United States.
(e) Cooperation With Administrator.--The Administrator of the
Environmental Protection Agency shall assist the Secretary [of
Transportation] in carrying out subsections (a)-(g)(1) and (h)
of this section by providing the Secretary with information the
Secretary requests to carry out the objectives of subsections
(a)-(g)(1) and (h).
(f) Availability of Statements.--The Secretary [of
Transportation] shall make a registration statement filed under
subsection (a) of this section available for inspection by any
person for a fee the Secretary establishes. However, this
subsection does not require the release of information
described in section 552(b) of title 5 or otherwise protected
by law from disclosure to the public.
(g) Fees.--(1) The Secretary [of Transportation may] shall
establish, impose, and collect from a person required to file a
registration statement under subsection (a) of this section a
fee necessary to pay for the costs of the Secretary in
processing the statement.
(2)(A) In addition to a fee established under paragraph (1)
of this subsection, the Secretary [of Transportation] shall
establish and impose by regulation and collect an annual fee.
Subject to subparagraph (B) of this paragraph, the fee shall be
at least $250 but not more than [$5,000] $3,000 from each
person required to file a registration statement under this
section. The Secretary shall determine the amount of the fee
under this paragraph on at least one of the following:
(i) * * *
* * * * * * *
(B) The Secretary [of Transportation] shall adjust the amount
being collected under this paragraph to reflect any unexpended
balance in the account established under section 5116(i) of
this title. However, the Secretary is not required to refund
any fee collected under this paragraph.
(C) The Secretary [of Transportation] shall transfer to the
Secretary of the Treasury amounts the Secretary of
Transportation collects under this paragraph for deposit in the
account the Secretary of the Treasury establishes under section
5116(i) of this title.
(3) Fees on exempt persons.--Notwithstanding
subsection (a)(4), the Secretary shall impose and
collect a fee of $25 from a person who is required to
register under this section but who is otherwise
exempted by the Secretary from paying any fee under
this section. The fee shall be used to pay the cost of
the Secretary in processing registration statements
filed by such persons.
(h) Maintaining Proof of Filing and Payment of Fees.--The
Secretary [of Transportation] may prescribe regulations
requiring a person required to file a registration statement
under subsection (a) of this section to maintain proof of the
filing and payment of fees imposed under subsection (g) of this
section.
(i) Relationship to Other Laws.--(1) Chapter 35 of title 44
does not apply to an activity of the Secretary [of
Transportation] under subsections (a)-(g)(1) and (h) of this
section.
(2)(A) * * *
(B) Subsections (a)-(h) of this section do not apply to a
department, agency, or instrumentality of the United States
Government, an authority of a State, Indian tribe, or political
subdivision of a State, or an employee of a department, agency,
instrumentality, or authority carrying out official duties.
Sec. 5109. Motor carrier safety permits
(a) Requirement.--A motor carrier may transport or cause to
be transported by motor vehicle in commerce hazardous material
only if the carrier holds a safety permit the Secretary [of
Transportation] issues under this section authorizing the
transportation and keeps a copy of the permit, or other proof
of its existence, in the vehicle. The Secretary shall issue a
permit if the Secretary finds the carrier is fit, willing, and
able--
(1) * * *
* * * * * * *
Sec. 5110. Shipping papers and disclosure
(a) Providing Shipping Papers.--Each person offering for
transportation in commerce hazardous material to which the
shipping paper requirements of the Secretary [of
Transportation] apply shall provide to the carrier providing
the transportation a shipping paper that makes the disclosures
the Secretary prescribes [under subsection (b) of this section]
by regulation.
* * * * * * *
(e) Retention of Papers.--After the hazardous material to
which a shipping paper provided to a carrier under subsection
(a) applies is no longer in transportation, the person who
provided the shipping paper and the carrier required to
maintain it under subsection (a) shall retain the paper or
electronic image thereof for a period of [1 year] 2 years after
the date of preparation of the shipping paper to be accessible
through their respective principal places of business. Such
person and carrier shall, upon request, make the shipping paper
available to a Federal, State, or local government agency at
reasonable times and locations.
[Sec. 5111. Rail tank cars
[A rail tank car built before January 1, 1971, may be used to
transport hazardous material in commerce only if the air brake
equipment support attachments of the car comply with the
standards for attachments contained in sections 179.100-16 and
179.200-19 of title 49, Code of Federal Regulations, in effect
on November 16, 1990.]
Sec. 5112. Highway routing of hazardous material
(a) Application.--(1) This section applies to a motor vehicle
only if the vehicle is transporting hazardous material in
commerce for which placarding of the vehicle is required under
regulations prescribed under this chapter. However, the
Secretary [of Transportation] by regulation may extend
application of this section or a standard prescribed under
subsection (b) of this section to--
(A) * * *
* * * * * * *
Sec. 5113. Unsatisfactory safety rating
[See section 31144.] A person who violates section
31144(c)(3) shall be subject to the penalties in sections 5123
and 5124.
Sec. 5114. Air transportation of ionizing radiation material
(a) * * *
(b) Procedures.--The Secretary [of Transportation] shall
prescribe procedures for monitoring and enforcing regulations
prescribed under this section.
* * * * * * *
Sec. 5115. Training curriculum for the public sector
(a) Development and Updating.--Not later than November 16,
1992, in coordination with the Director of the Federal
Emergency Management Agency, Chairman of the Nuclear Regulatory
Commission, Administrator of the Environmental Protection
Agency, Secretaries of Labor, Energy, and Health and Human
Services, and Director of the National Institute of
Environmental Health Sciences, and using the existing
coordinating mechanisms of the national response team and, for
radioactive material, the Federal Radiological Preparedness
Coordinating Committee, the Secretary of Transportation shall
develop and update periodically a curriculum consisting of a
list of courses necessary to train public sector emergency
response and preparedness teams. Only in developing the
curriculum, the Secretary [of Transportation] shall consult
with regional response teams established under the national
contingency plan established under section 105 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605), representatives of
commissions established under section 301 of the Emergency
Planning and Community Right-To-Know Act of 1986 (42 U.S.C.
11001), persons (including governmental entities) that provide
training for responding to accidents and incidents involving
the transportation of hazardous material, and representatives
of persons that respond to those accidents and incidents.
(b) Requirements.--The curriculum developed under subsection
(a) of this section--
(1) shall include--
(A) * * *
* * * * * * *
(C) appropriate emergency response training
and planning programs for public sector
employees developed [under other United States
Government grant programs, including those]
with Federal financial assistance, including
programs developed with grants made under
section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9660a);
and
* * * * * * *
(c) Training on Complying With Legal Requirements.--A
recommended basic course described in subsection (b)(1)(B) of
this section shall provide the training necessary for public
sector employees to comply with--
(1) * * *
* * * * * * *
(3) standards related to emergency response training
prescribed by the National Fire Protection Association
and such other voluntary consensus standard-setting
organizations as the Secretary determines appropriate.
(d) Distribution and Publication.--With the [national
response team] National Response Team--
(1) the [Director of the Federal Emergency Management
Agency] Secretary shall distribute the curriculum and
any updates to the curriculum to the regional response
teams and all committees and commissions established
under section 301 of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11001);
and
(2) the Secretary [of Transportation] may publish and
distribute a list of [programs that uses a course
developed under this section for training public sector
employees to respond to an accident or incident
involving the transportation of hazardous material]
programs and courses developed under this section.
Sec. 5116. Planning and training grants, monitoring, and review
(a) Planning Grants.--(1) The Secretary [of Transportation]
shall make grants to States and Indian tribes--
(A) * * *
* * * * * * *
(2) The Secretary [of Transportation] may make a grant to a
State or Indian tribe under paragraph (1) of this subsection in
a fiscal year only if--
(A) * * *
* * * * * * *
(b) Training Grants.--(1) The Secretary [of Transportation]
shall make grants to States and Indian tribes to train public
sector employees to respond to accidents and incidents
involving hazardous material.
(2) The Secretary [of Transportation] may make a grant under
paragraph (1) of this subsection in a fiscal year--
(A) * * *
* * * * * * *
(3) A grant under this subsection may be used--
(A) * * *
* * * * * * *
(C) to make an agreement the Secretary [of
Transportation] approves authorizing a person
(including an authority of a State or political
subdivision of a State or Indian tribe) to provide the
training--
(i) * * *
* * * * * * *
(4) The Secretary [of Transportation] shall allocate amounts
made available for grants under this subsection for a fiscal
year among eligible States and Indian tribes based on the needs
of the States and tribes for emergency response training. In
making a decision about those needs, the Secretary shall
consider--
(A) * * *
* * * * * * *
(D) whether the fee is used only to carry out a
purpose related to transporting hazardous material;
[and]
(E) the report submitted by the State to the
Secretary under section 5125(f)(2); and
[(E)] (F) other factors the Secretary decides are
appropriate to carry out this subsection.
(c) Compliance With Certain Law.--The Secretary [of
Transportation] may make a grant to a State or Indian tribe
under this section in a fiscal year only if the State or Indian
tribe certifies that (1) the State or Indian tribe is complying
with all applicable requirements of this chapter (including
section 5125(f)), and (2) in the case of a State, the State
complies with sections 301 and 303 of the Emergency Planning
and Community Right-To-Know Act of 1986 (42 U.S.C. 11001,
11003).
(d) Applications.--A State or Indian tribe interested in
receiving a grant under this section shall submit an
application to the Secretary [of Transportation]. The
application must be submitted at the time, and contain
information, the Secretary requires by regulation to carry out
the objectives of this section.
(e) Government's Share of Costs.--A grant under this section
is for 80 percent of the cost the State or Indian tribe incurs
in the fiscal year to carry out the activity for which the
grant is made. [Amounts of the State or tribe under subsections
(a)(2)(A) and (b)(2)(A) of this section are not part of the
non-Government share under this subsection.] Amounts received
by the State or tribe under subsections (a)(1) and (b)(1) are
not part of the non-Government share under this subsection.
(f) Monitoring and Technical Assistance.--In coordination
with the [Secretaries of Transportation and Energy,] Secretary
of Energy, Director of the Federal Emergency Management Agency,
Administrator of the Environmental Protection Agency, and
Director of the National Institute of Environmental Health
Sciences, the [Director of the Federal Emergency Management
Agency shall] Secretary of Transportation shall monitor public
sector emergency response planning and training for an accident
or incident involving hazardous material. Considering the
results of the monitoring, [the Secretaries, Administrator, and
Directors each shall] the Secretary shall provide technical
assistance to a State, political subdivision of a State, or
Indian tribe for carrying out emergency response training and
planning for an accident or incident involving hazardous
material and shall coordinate the assistance using the existing
coordinating mechanisms of the [national response team]
National Response Team and, for radioactive material, the
Federal Radiological Preparedness Coordinating Committee.
(g) Delegation of Authority.--To minimize administrative
costs and to coordinate [Government grant programs] Federal
financial assistance for emergency response training and
planning, the Secretary of Transportation may delegate to the
Directors of the Federal Emergency Management Agency and
National Institute of Environmental Health Sciences, Chairman
of the Nuclear Regulatory Commission, Administrator of the
Environmental Protection Agency, and Secretaries of Labor and
Energy any of the following:
(1) * * *
* * * * * * *
(i) [Annual Registration Fee Account and Its Uses.--]
Hazardous Materials Emergency Preparedness Fund.--The Secretary
of the Treasury shall establish an account in the Treasury, to
be known as the ``Hazardous Materials Emergency Preparedness
Fund'', into which the Secretary of the Treasury shall deposit
amounts the Secretary of Transportation collects under [section
5108(g)(2)(A) of this title and transfers to the Secretary of
the Treasury under section 5108(g)(2)(C) of this title] this
chapter. Without further appropriation, amounts in the account
are available--
(1) to make grants under this section;
(2) to monitor and provide technical assistance under
subsection (f) of this section; [and]
(3) to publish and distribute the Emergency Response
Guidebook; and
[(3)] (4) to pay administrative costs of carrying out
this section and sections 5108(g)(2) and 5115 of this
title, except that not more than 10 percent of the
amounts made available from the account in a fiscal
year may be used to pay those costs.
* * * * * * *
(k) Reports.--[Not later than September 30, 1997, the
Secretary shall submit to Congress a report on the allocation
and uses of training grants authorized under subsection (b) for
fiscal year 1993 through fiscal year 1996 and grants authorized
under subsection (j) and section 5107 for fiscal years 1995 and
1996. Such] The Secretary shall submit to Congress and make
available to the public annually a report on the allocation and
uses of planning grants under subsection (a), training grants
under subsection (b), and grants under subsection (j) and under
section 5107. The report shall identify the ultimate recipients
of training grants and include a detailed accounting of all
grant expenditures by grant recipients, the number of persons
trained under the grant programs, and an evaluation of the
efficacy of training programs carried out.
[Sec. 5117. Exemptions and exclusions]
Sec. 5117. Special permits and exclusions
(a) Authority To [Exempt] Issue Special Permits.--(1) As
provided under procedures prescribed by regulation, the
Secretary [of Transportation] may issue [an exemption], modify,
or terminate a special permit authorizing a variance from this
chapter or a regulation prescribed under section 5103(b), 5104,
5110, or 5112 of this title to a person [transporting, or
causing to be transported, hazardous material] performing a
function regulated by the Secretary under section 5103(b)(1) in
a way that achieves a safety level--
(A) * * *
* * * * * * *
[(2) An exemption under this subsection is effective for not
more than 2 years and may be renewed on application to the
Secretary.]
(2) A special permit issued under this section shall be
effective for an initial period of not more than 2 years and
may be renewed by the Secretary upon application for an
additional period of not more than 4 years or, in the case of a
special permit relating to section 5112, for an additional
period of not more than 2 years.
(b) Applications.--When applying for [an exemption] a special
permit or renewal of [an exemption] a special permit under this
section, the person must provide a safety analysis prescribed
by the Secretary that justifies [the exemption] the special
permit. The Secretary shall publish in the Federal Register
notice that an application for [an exemption] a special permit
has been filed and shall give the public an opportunity to
inspect the safety analysis and comment on the application.
This subsection does not require the release of information
protected by law from public disclosure.
(c) Applications To Be Dealt With Promptly.--The Secretary
shall issue or renew [the exemption] the special permit for
which an application was filed or deny such issuance or renewal
within 180 days after the first day of the month following the
date of the filing of such application, or the Secretary shall
publish a statement in the Federal Register of the reason why
the Secretary's decision on [the exemption] the special permit
is delayed, along with an estimate of the additional time
necessary before the decision is made.
* * * * * * *
(e) Limitation on Authority.--Unless the Secretary decides
that an emergency exists, [an exemption] a special permit or
renewal granted under this section is the only way a person
subject to this chapter may [be exempt] be granted a variance
from this chapter.
[Sec. 5118. Inspectors
[(a) General Requirement.--The Secretary of Transportation
shall maintain the employment of 30 hazardous material safety
inspectors more than the total number of safety inspectors
authorized for the fiscal year that ended September 30, 1990,
for the Federal Railroad Administration, the Federal Highway
Administration, and the Research and Special Programs
Administration.
[(b) Allocation To Promote Safety in Transporting Radioactive
Material.--(1) The Secretary shall ensure that 10 of the 30
additional inspectors focus on promoting safety in transporting
radioactive material, as defined by the Secretary, including
inspecting--
[(A) at the place of origin, shipments of high-level
radioactive waste or nuclear spent material (as those
terms are defined in section 5105(a) of this title);
and
[(B) to the maximum extent practicable shipments of
radioactive material that are not high-level
radioactive waste or nuclear spent material.
[(2) In carrying out their duties, those 10 additional
inspectors shall cooperate to the greatest extent possible with
safety inspectors of the Nuclear Regulatory Commission and
appropriate State and local government officials.
[(3) Those 10 additional inspectors shall be allocated as
follows:
[(A) one to the Research and Special Programs
Administration.
[(B) 3 to the Federal Railroad Administration.
[(C) 3 to the Federal Highway Administration.
[(D) the other 3 among the administrations referred
to in clauses (A)-(C) of this paragraph as the
Secretary decides.
[(c) Allocation of Other Inspectors.--The Secretary shall
allocate, as the Secretary decides, the 20 additional
inspectors authorized under this section and not allocated
under subsection (b) of this section among the administrations
referred to in subsection (b)(3)(A)-(C) of this section.
[Sec. 5119. Uniform forms and procedures
[(a) Working Group.--The Secretary of Transportation shall
establish a working group of State and local government
officials, including representatives of the National Governors'
Association, the National Association of Counties, the National
League of Cities, the United States Conference of Mayors, and
the National Conference of State Legislatures. The purposes of
the working group are--
[(1) to establish uniform forms and procedures for a
State--
[(A) to register persons that transport or
cause to be transported hazardous material by
motor vehicle in the State; and
[(B) to allow the transportation of hazardous
material in the State; and
[(2) to decide whether to limit the filing of any
State registration and permit forms and collection of
filing fees to the State in which the person resides or
has its principal place of business.
[(b) Consultation and Reporting.--The working group--
[(1) shall consult with persons subject to
registration and permit requirements described in
subsection (a) of this section; and
[(2) not later than November 16, 1993, shall submit
to the Secretary, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives a final report that contains--
[(A) a detailed statement of its findings and
conclusions; and
[(B) its joint recommendations on the matters
referred to in subsection (a) of this section.
[(c) Regulations on Recommendations.--(1) The Secretary shall
prescribe regulations to carry out the recommendations
contained in the report submitted under subsection (b) of this
section with which the Secretary agrees. The regulations shall
be prescribed by the later of the last day of the 3-year period
beginning on the date the working group submitted its report or
the last day of the 90-day period beginning on the date on
which at least 26 States adopt all of the recommendations of
the report. A regulation prescribed under this subsection may
not define or limit the amount of a fee a State may impose or
collect.
[(2) A regulation prescribed under this subsection takes
effect one year after it is prescribed. The Secretary may
extend the one-year period for an additional year for good
cause. After a regulation is effective, a State may establish,
maintain, or enforce a requirement related to the same subject
matter only if the requirement is the same as the regulation.
[(3) In consultation with the working group, the Secretary
shall develop a procedure to eliminate differences in how
States carry out a regulation prescribed under this subsection.
[(d) Relationship to Other Laws.--The Federal Advisory
Committee Act (5 App. U.S.C.) does not apply to the working
group.]
Sec. 5119. Uniform forms and procedures
(a) Establishment of Working Group.--The Secretary shall
establish a working group of State and local government
officials, including representatives of the National Governors'
Association, the National Association of Counties, the National
League of Cities, the United States Conference of Mayors, the
National Conference of State Legislatures, and the Alliance for
Uniform Hazmat Transportation Procedures.
(b) Purpose of Working Group.--The purpose of the working
group shall be to establish uniform forms and procedures for a
State to register, and to issue permits to, persons that
transport, or cause to be transported, hazardous material by
motor vehicle in the State.
(c) Limitation on Working Group.--The working group may not
propose to define or limit the amount of a fee a State may
impose or collect.
(d) Procedure.--The Secretary shall develop a procedure by
which the working group shall harmonize existing State
registration and permit laws and regulations relating to the
transportation of hazardous materials, with special attention
paid to each State's unique safety concerns and interest in
maintaining strong hazmat safety standards.
(e) Report of Working Group.--Not later than 18 months after
the date of enactment of this subsection, the working group
shall transmit to the Secretary a report containing
recommendations for establishing uniform forms and procedures
described in subsection (b).
(f) Regulations.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall issue
regulations to carry out such recommendations of the working
group as the Secretary considers appropriate.
(g) Limitation on Statutory Construction.--Nothing in this
section shall be construed as prohibiting a State from
voluntarily participating in a program of uniform forms and
procedures until such time as the Secretary issues regulations
under subsection (f).
Sec. 5120. International uniformity of standards and requirements
(a) * * *
(b) Consultation.--The Secretary [of Transportation] may
consult with interested authorities to ensure that, to the
extent practicable, regulations the Secretary prescribes under
sections 5103(b), 5104, 5110, and 5112 of this title are
consistent with standards and requirements related to
transporting hazardous material that international authorities
adopt.
(c) Differences With International Standards and
Requirements.--This section--
(1) does not require the Secretary [of
Transportation] to prescribe a standard or requirement
identical to a standard or requirement adopted by an
international authority if the Secretary decides the
standard or requirement is unnecessary or unsafe; and
(2) does not prohibit the Secretary from prescribing
a safety standard or requirement more stringent than a
standard or requirement [included in a standard]
adopted by an international authority if the Secretary
decides the standard or requirement is necessary in the
public interest.
Sec. 5121. Administrative
(a) General Authority.--To carry out this chapter, the
Secretary [of Transportation] may investigate, conduct tests,
make reports, issue subpenas, conduct hearings, require the
production of records and property, take depositions, and
conduct research, development, demonstration, and training
activities. [After] Except as provided in subsections (c) and
(d), after notice and an opportunity for a hearing, the
Secretary may issue an order requiring compliance with this
chapter or a [regulation prescribed] regulation, order, special
permit, or approval issued under this chapter.
(b) Records, Reports, and Information.--A person subject to
this chapter shall--
(1) maintain records and property, make reports, and
provide information the Secretary by regulation or
order requires; and
(2) make the records, property, reports, and
information available for inspection when the Secretary
[requests] undertakes an investigation or makes a
request.
[(c) Inspection.--(1) The Secretary may authorize an officer,
employee, or agent to inspect, at a reasonable time and in a
reasonable way, records and property related to--
[(A) manufacturing, fabricating, marking,
maintaining, reconditioning, repairing, testing, or
distributing a packaging or a container for use by a
person in transporting hazardous material in commerce;
or
[(B) the transportation of hazardous material in
commerce.
[(2) An officer, employee, or agent under this subsection
shall display proper credentials when requested.]
(c) Inspections and Investigations.--
(1) In general.--A designated officer, employee, or
agent of the Secretary may--
(A) inspect and investigate, at a reasonable
time and in a reasonable manner, records and
property relating to a function described in
section 5103(b)(1);
(B) except in the case of packaging
immediately adjacent to its hazardous material
contents, gain access to, open, and examine a
package offered for, or in, transportation when
the officer, employee, or agent has an
objectively reasonable and articulable belief
that the package may contain a hazardous
material;
(C) remove from transportation a package or
related packages in a shipment offered for or
in transportation for which--
(i) such officer, employee, or agent
has an objectively reasonable and
articulable belief that the package may
pose an imminent hazard; and
(ii) such officer, employee, or agent
contemporaneously documents such belief
in accordance with procedures set forth
in guidance or regulations prescribed
under subsection (e);
(D) gather information from the offeror,
carrier, packaging manufacturer or retester, or
other person responsible for the package, to
ascertain the nature and hazards of the
contents of the package;
(E) as necessary, under terms and conditions
specified by the Secretary, order the offeror,
carrier, packaging manufacturer or retester, or
other person responsible for the package to
have the package transported to, opened, and
the contents examined and analyzed, at a
facility appropriate for the conduct of such
examination and analysis; and
(F) when safety might otherwise be
compromised, authorize properly qualified
personnel to assist in the activities conducted
under this subsection.
(2) Display of credentials.--An officer, employee, or
agent acting under this subsection shall display proper
credentials when requested.
(3) Safe resumption of transportation.--In instances
when, as a result of an inspection or investigation
under this subsection, an imminent hazard is not found
to exist, the Secretary, in accordance with procedures
set forth in regulations prescribed under subsection
(e), shall assist--
(A) in the safe resumption of transportation
of the package concerned; or
(B) in any case in which the hazardous
material being transported is perishable, in
the safe and expeditious resumption of
transportation of the perishable hazardous
material.
(d) Emergency Orders.--
(1) In general.--If, upon inspection, investigation,
testing, or research, the Secretary determines that
either a violation of a provision of this chapter or a
regulation issued under this chapter, or an unsafe
condition or practice, constitutes or is causing an
imminent hazard, the Secretary may issue an emergency
order, without notice or the opportunity for a hearing,
but only to the extent necessary to abate the imminent
hazard.
(2) Written orders.--An emergency order issued under
paragraph (1) shall be in writing, describe the
violation, condition, or practice that is causing the
imminent hazard, and state the restrictions,
prohibitions, recalls, or out-of-service orders issued.
The emergency order also shall describe the standards
and procedures for obtaining relief from the order.
(3) Opportunity for review.--After issuing an
emergency order under paragraph (1), the Secretary
shall provide an opportunity for review of the order
under section 554 of title 5 if a petition for review
is filed within 20 calendar days after the date of
issuance of the order.
(4) Expiration of effectiveness of emergency order.--
If a petition for review is filed for an order and the
review is not completed by the end of the 30-day period
beginning on the date the petition was filed, the order
shall cease to be effective at the end of that period
unless the Secretary determines in writing that the
emergency situation still exists.
(e) Guidance and Regulations.--
(1) Guidance.--Not later than 60 days after the date
of enactment of the Transportation Equity Act: A Legacy
for Users, the Secretary shall issue interim guidance
to carry out subsections (c) and (d).
(2) Regulations.--Not later than 1 year after such
date of enactment, the Secretary shall issue
regulations to carry out subsections (c) and (d) in
accordance with subchapter II of chapter 5 of title 5.
[(d)] (f) Facility, Staff, and Reporting System on Risks,
Emergencies, and Actions.--(1) * * *
* * * * * * *
[(e)] (g) Report.--The Secretary shall, once every 2 years,
prepare and [submit to the President for transmittal to the
Congress] transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a comprehensive report on the transportation of
hazardous materials during the preceding 2 calendar years. The
report shall include--
(1) * * *
* * * * * * *
(4) an evaluation of the effectiveness of enforcement
activities relating to a function regulated by the
Secretary under section 5103(b)(1) and the degree of
voluntary compliance with regulations;
* * * * * * *
Sec. 5122. Enforcement
(a) General.--At the request of the Secretary [of
Transportation], the Attorney General may bring a civil action
in an appropriate district court of the United States to
enforce this chapter or a regulation prescribed or order issued
under this chapter. [The court may award appropriate relief,
including punitive damages.] The court may award appropriate
relief, including a temporary or permanent injunction, punitive
damages, and assessment of civil penalties considering the same
penalty amounts and factors as prescribed for the Secretary in
an administrative case under section 5123.
(b) Imminent Hazards.--[(1)] If the Secretary has reason to
believe that an imminent hazard exists, the Secretary may bring
a civil action in an appropriate district court of the United
States--
[(A)] (1) to suspend or restrict the transportation
of the hazardous material responsible for the hazard;
or
[(B)] (2) to eliminate [or ameliorate the] or
mitigate the hazard.
[(2) On request of the Secretary, the Attorney General shall
bring an action under paragraph (1) of this subsection.]
* * * * * * *
Sec. 5123. Civil penalty
(a) Penalty.--(1) A person that knowingly violates this
chapter or a [regulation prescribed or order issued]
regulation, order, special permit, or approval issued under
this chapter is liable to the United States Government for a
civil penalty of at least $250 but not more than [$25,000]
$50,000 for each violation. A person acts knowingly when--
(A) * * *
* * * * * * *
(2) If the Secretary finds that a violation under paragraph
(1) results in death, serious illness, or severe injury to any
person or substantial destruction of property, the Secretary
may increase the amount of the civil penalty for such violation
to not more than $100,000.
[(2)] (3) A separate violation occurs for each day the
violation, committed by a person that transports or causes to
be transported hazardous material, continues.
(b) Hearing Requirement.--The Secretary [of Transportation]
may find that a person has violated this chapter or a
[regulation prescribed] regulation, order, special permit, or
approval issued under this chapter only after notice and an
opportunity for a hearing. The Secretary shall impose a penalty
under this section by giving the person written notice of the
amount of the penalty.
* * * * * * *
(d) Civil Actions To Collect.--The [Attorney General]
Secretary may bring a civil action in an appropriate district
court of the United States to collect a civil penalty under
this section. In such action, the validity, amount, and
appropriateness of the civil penalty shall not be subject to
review.
(e) Compromise.--The Secretary may compromise the amount of a
civil penalty imposed under this section [before referral to
the Attorney General].
* * * * * * *
[Sec. 5124. Criminal penalty
[A person knowingly violating section 5104(b) of this title
or willfully violating this chapter or a regulation prescribed
or order issued under this chapter shall be fined under title
18, imprisoned for not more than 5 years, or both.]
Sec. 5124. Criminal penalty
(a) In General.--A person knowingly violating section 5104(b)
or willfully or recklessly violating this chapter or a
regulation, order, special permit, or approval issued under
this chapter shall be fined under title 18, imprisoned for not
more than 5 years, or both; except that the maximum amount of
imprisonment shall be 10 years in any case in which the
violation involves the release of a hazardous material that
results in death or bodily injury to any person.
(b) Knowing Violations.--For purposes of this section--
(1) a person acts knowingly when--
(A) the person has actual knowledge of the
facts giving rise to the violation; or
(B) a reasonable person acting in the
circumstances and exercising reasonable care
would have that knowledge; and
(2) knowledge of the existence of a statutory
provision, or a regulation or a requirement required by
the Secretary, is not an element of an offense under
this section.
(c) Willful Violations.--For purposes of this section, a
person acts willfully when--
(1) the person has knowledge of the facts giving rise
to the violation; and
(2) the person has knowledge that the conduct was
unlawful.
(d) Reckless Violations.--For purposes of this section, a
person acts recklessly when the person displays a deliberate
indifference or conscious disregard to the consequences of that
person's conduct.
Sec. 5125. Preemption
(a) [General.--] Dual Compliance and Obstacle Tests.--Except
as provided in subsections (b), (c), and (e) of this section
and unless authorized by another law of the United States, a
requirement of a State, political subdivision of a State, or
Indian tribe is preempted if--
(1) * * *
* * * * * * *
(b) Substantive Differences.--(1) * * *
(2) If the Secretary [of Transportation] prescribes or has
prescribed under section 5103(b), 5104, 5110, or 5112 of this
title or prior comparable provision of law a regulation or
standard related to a subject referred to in paragraph (1) of
this subsection, a State, political subdivision of a State, or
Indian tribe may prescribe, issue, maintain, and enforce only a
law, regulation, standard, or order about the subject that is
substantively the same as a provision of this chapter or a
regulation prescribed or order issued under this chapter. The
Secretary shall decide on and publish in the Federal Register
the effective date of section 5103(b) of this title for any
regulation or standard about any of those subjects that the
Secretary prescribes [after November 16, 1990]. However, the
effective date may not be earlier than 90 days after the
Secretary prescribes the regulation or standard nor later than
the last day of the 2-year period beginning on the date the
Secretary prescribes the regulation or standard.
* * * * * * *
(d) Decisions on Preemption.--(1) A person (including a
State, political subdivision of a State, or Indian tribe)
directly affected by a requirement of a State, political
subdivision, or tribe may apply to the Secretary, as provided
by regulations prescribed by the Secretary, for a decision on
whether the requirement is preempted by subsection (a), (b)(1),
or (c) of this section. The Secretary shall publish notice of
the application in the Federal Register. The Secretary shall
issue and publish in the Federal Register a decision on an
application for a determination within 180 days after the date
of the publication of the notice of having received such
application, or the Secretary shall publish a statement in the
Federal Register of the reason why the Secretary's decision on
the application is delayed, along with an estimate of the
additional time necessary before the decision is made. After
notice is published, an applicant may not seek judicial relief
on the same or substantially the same issue until the Secretary
takes final action on the application or until 180 days after
the application is filed, whichever occurs first.
* * * * * * *
[(f) Judicial Review.--A party to a proceeding under
subsection (d) or (e) of this section may bring a civil action
in an appropriate district court of the United States for
judicial review of the decision of the Secretary not later than
60 days after the decision becomes final.]
[(g)] (f) Fees.--(1) * * *
(2) A State or political subdivision thereof or Indian tribe
that levies a fee in connection with the transportation of
hazardous materials shall, upon the Secretary's request, report
to the Secretary on--
(A) the basis on which the fee is levied upon persons
involved in such transportation;
(B) the purposes for which the revenues from the fee
are used;
(C) the annual total amount of the revenues collected
from the fee; and
(D) such other matters as the Secretary requests.
(g) Independent Application of Each Standard.--Subsections
(b), (c)(1), (d), and (g) are independent in their application
to a requirement of any State, political subdivision of a
State, or Indian tribe and shall be reviewed independently.
Sec. 5126. Relationship to other laws
(a) Contracts.--A person under contract with a department,
agency, or instrumentality of the United States Government that
transports or causes to be transported hazardous material, or
manufactures, fabricates, marks, maintains, reconditions,
repairs, or tests a package or container that the person
represents, marks, certifies, or sells as qualified for use in
transporting hazardous material [must comply] shall comply with
this chapter, regulations prescribed and orders issued under
this chapter, and all other requirements of the Government,
State and local governments, and Indian tribes (except a
requirement preempted by a law of the United States) in the
same way and to the same extent that any person engaging in
that transportation, manufacturing, fabricating, marking,
maintenance, reconditioning, repairing, or testing that is in
or affects commerce must comply with the provision, regulation,
order, or requirement.
* * * * * * *
[Sec. 5127. Authorization of appropriations
[(a) General.--Not more than $18,000,000 may be appropriated
to the Secretary of Transportation for fiscal year 1993,
$18,000,000 for fiscal year 1994, $18,540,000 for fiscal year
1995, $19,100,000 for fiscal year 1996, and $19,670,000 for
fiscal year 1997 to carry out this chapter (except sections
5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119).
[(b) Training of Hazmat Employee Instructors.--(1) There is
authorized to be appropriated to the Secretary $3,000,000 for
each of fiscal years 1995, 1996, 1997, and 1998 to carry out
section 5107(e).
[(2)(A) There shall be available to the Secretary for
carrying out section 5116(j), from amounts in the
account established pursuant to section 5116(i),
$250,000 for each of fiscal years 1995, 1996, 1997, and
1998.
[(B) In addition to amounts made available under
subparagraph (A), there is authorized to be
appropriated to the Secretary for carrying out section
5116(j) $1,000,000 for each of the fiscal years 1995,
1996, 1997, and 1998.
[(c) Training Curriculum.--(1) Not more than $1,000,000 is
available to the Secretary of Transportation from the account
established under section 5116(i) of this title for each of the
fiscal years ending September 30, 1993-1998, to carry out
section 5115 of this title.
[(2) The Secretary of Transportation may transfer to the
Director of the Federal Emergency Management Agency from
amounts available under this subsection amounts necessary to
carry out section 5115(d)(1) of this title.
[(d) Planning and Training.--(1) Not more than $5,000,000 is
available to the Secretary of Transportation from the account
established under section 5116(i) of this title for each of the
fiscal years ending September 30, 1993-1998, to carry out
section 5116(a) of this title.
[(2) Not more than $7,800,000 is available to the Secretary
of Transportation from the account established under section
5116(i) of this title for each of the fiscal years ending
September 30, 1993-1998, to carry out section 5116(b) of this
title.
[(3) Not more than the following amounts are available from
the account established under section 5116(i) of this title for
each of the fiscal years ending September 30, 1993-1998, to
carry out section 5116(f) of this title:
[(A) $750,000 each to the Secretaries of
Transportation and Energy, Administrator of the
Environmental Protection Agency, and Director of the
Federal Emergency Management Agency.
[(B) $200,000 to the Director of the National
Institute of Environmental Health Sciences.
[(e) Uniform Forms and Procedures.--Not more than $400,000
may be appropriated to the Secretary of Transportation for the
fiscal year ending September 30, 1993, to carry out section
5119 of this title.
[(f) Credits to Appropriations.--The Secretary of
Transportation may credit to any appropriation to carry out
this chapter an amount received from a State, Indian tribe, or
other public authority or private entity for expenses the
Secretary incurs in providing training to the State, authority,
or entity.
[(g) Availability of Amounts.--Amounts available under
subsections (c)-(e) of this section remain available until
expended.]
Sec. 5127. JUDICIAL REVIEW
(a) Filing and Venue.--Except as provided in section
20114(c), a person adversely affected or aggrieved by a final
action of the Secretary under this chapter may petition for
review of the final action in the United States Court of
Appeals for the District of Columbia or in the court of appeals
for the United States for the circuit in which the person
resides or has its principal place of business. The petition
must be filed not more than 60 days after the Secretary's
action becomes final.
(b) Judicial Procedures.--When a petition is filed under
subsection (a), the clerk of the court immediately shall send a
copy of the petition to the Secretary. The Secretary shall file
with the court a record of any proceeding in which the final
action was issued, as provided in section 2112 of title 28.
(c) Authority of Court.--The court has exclusive
jurisdiction, as provided in subchapter II of chapter 5 of
title 5, to affirm or set aside any part of the Secretary's
final action and may order the Secretary to conduct further
proceedings. Findings of fact by the Secretary, if supported by
substantial evidence, are conclusive.
(d) Requirement for Prior Objection.--In reviewing a final
action under this section, the court may consider an objection
to a final action of the Secretary only if the objection was
made in the course of a proceeding or review conducted by the
Secretary or if there was a reasonable ground for not making
the objection in the proceeding.
Sec. 5128. Authorizations of appropriations
(a) In General.--In order to carry out this chapter (except
sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119), the
following amounts are authorized to be appropriated to the
Secretary:
(1) For fiscal year 2004, $24,981,000.
(2) For fiscal year 2005, $27,000,000.
(3) For fiscal year 2006, $29,000,000.
(4) For fiscal year 2007, $30,000,000.
(b) Emergency Preparedness Fund.--There shall be available to
the Secretary, from the account established pursuant to section
5116(i), for each of fiscal years 2004 through 2007 the
following:
(1) To carry out section 5115, $200,000.
(2) To carry out section 5116(a), $8,000,000.
(3) To carry out section 5116(b), $13,800,000.
(4) To carry out section 5116(f), $150,000.
(5) To publish and distribute the Emergency Response
Guidebook under section 5116(i)(3), $500,000.
(6) To pay administrative expenses in accordance with
section 5116(i)(4), $150,000.
(7) To carry out section 5116(j), $1,000,000.
(c) Training of Hazmat Employee Instructors.--There shall be
available to the Secretary, from the account established
pursuant to section 5116(i), to carry out section 5107(e)
$4,000,000 for each of fiscal years 2004 through 2007.
(d) Uniform Forms and Procedures.--There is authorized to be
appropriated to the Secretary for making grants to States
participating in the working group established under section
5119 $1,000,000 for each of the fiscal years 2005 and 2006.
(e) Issuance of Hazmat Licenses.--There are authorized to be
appropriated for the Department of Transportation such amounts
as may be necessary to carry out section 5103a.
(f) Credits to Appropriations.--The Secretary may credit to
any appropriation to carry out this chapter an amount received
from a State, Indian tribe, or other public authority or
private entity for expenses the Secretary incurs in providing
training to the State, authority, or entity.
(g) Availability of Amounts.--Amounts made available by or
under this section remain available until expended.
CHAPTER 52--TRANSPORTATION PLANNING AND PROJECT DELIVERY
Subchapter A--General provisions
Sec.
5201. Definitions.
Subchapter B--Transportation planning and project delivery
5211. Policy.
5212. Definitions.
5213. Metropolitan transportation planning.
5214. Statewide transportation planning.
Subchapter C--Efficient environmental reviews for project
decisionmaking
5251. Definitions and applicability.
5252. Project development procedures.
SUBCHAPTER A--GENERAL PROVISIONS
Sec. 5201. Definitions
In this chapter, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(2) State.--The term ``State'' means a State of the
United States, the District of Columbia, and Puerto
Rico.
SUBCHAPTER B--TRANSPORTATION PLANNING AND PROJECT DELIVERY
Sec. 5211. Policy
(a) In General.--It is in the national interest to--
(1) encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility
needs of people and freight and foster economic growth
and development within and between States and urbanized
areas, while minimizing transportation-related fuel
consumption and air pollution through metropolitan and
statewide transportation planning processes identified
in this chapter; and
(2) encourage the continued improvement and evolution
of the metropolitan and statewide transportation
planning processes by metropolitan planning
organizations, State departments of transportation, and
public transit operators as guided by the planning
factors identified in sections 5213(f) and 5214(d).
(b) Common Transportation Planning Program.--This subchapter
provides a common transportation planning program to be
administered by the Federal Highway Administration and the
Federal Transit Administration.
Sec. 5212. Definitions
(a) Applicability by Reference.--Unless otherwise specified
in subsection (b), the definitions in section 101(a) of title
23 and section 5302 are applicable to this subchapter.
(b) Additional Definitions.--In this subchapter, the
following definitions apply:
(1) Metropolitan planning area.--The term
``metropolitan planning area'' means the geographic
area determined by agreement between the metropolitan
planning organization for the area and the Governor
under section 5213(c).
(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' means the policy
board of an organization created as a result of the
designation process in section 5213(b).
(3) Nonmetropolitan area.--The term ``nonmetropolitan
area'' means a geographic area outside designated
metropolitan planning areas.
(4) Nonmetropolitan local official.--The term
``nonmetropolitan local official'' means elected and
appointed officials of general purpose local government
in a nonmetropolitan area with responsibility for
transportation.
(5) TIP.--The term ``TIP'' means a transportation
improvement program developed by a metropolitan
planning organization under section 5213.
(6) Urbanized area.--The term ``urbanized area''
means a geographic area with a population of 50,000 or
more, as designated by the Bureau of the Census.
Sec. 5213. Metropolitan transportation planning
(a) General Requirements.--
(1) Development of long-range plans and TIPs.--To
accomplish the objectives in section 5211, metropolitan
planning organizations designated under subsection (b),
in cooperation with the State and public transportation
operators, shall develop long-range transportation
plans and transportation improvement programs for
metropolitan planning areas of the State.
(2) Contents.--The plans and TIPs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways and bicycle transportation facilities) that
will function as an intermodal transportation system
for the metropolitan planning area and as an integral
part of an intermodal transportation system for the
State and the United States.
(3) Process of development.--The process for
developing the plans and TIPs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
(b) Designation of Metropolitan Planning Organizations.--
(1) In general.--To carry out the transportation
planning process required by this section, a
metropolitan planning organization shall be designated
for each urbanized area with a population of more than
50,000 individuals--
(A) by agreement between the Governor and
units of general purpose local government that
together represent at least 75 percent of the
affected population (including the largest
incorporated city (based on population) as
named by the Bureau of the Census); or
(B) in accordance with procedures established
by applicable State or local law.
(2) Structure.--Each metropolitan planning
organization that serves an area designated as a
transportation management area, when designated or
redesignated under this subsection, shall consist of--
(A) local elected officials;
(B) officials of public agencies that
administer or operate major modes of
transportation in the metropolitan area; and
(C) appropriate State officials.
(3) Limitation on statutory construction.--Nothing in
this subsection shall be construed to interfere with
the authority, under any State law in effect on
December 18, 1991, of a public agency with multimodal
transportation responsibilities to--
(A) develop the plans and TIPs for adoption
by a metropolitan planning organization; and
(B) develop long-range capital plans,
coordinate transit services and projects, and
carry out other activities pursuant to State
law.
(4) Continuing designation.--A designation of a
metropolitan planning organization under this
subsection or any other provision of law shall remain
in effect until the metropolitan planning organization
is redesignated under paragraph (5).
(5) Redesignation procedures.--A metropolitan
planning organization may be redesignated by agreement
between the Governor and units of general purpose local
government that together represent at least 75 percent
of the existing planning area population (including the
largest incorporated city (based on population) as
named by the Bureau of the Census) as appropriate to
carry out this section.
(6) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning
organization may be designated within an existing
metropolitan planning area only if the Governor and the
existing metropolitan planning organization determine
that the size and complexity of the existing
metropolitan planning area make designation of more
than 1 metropolitan planning organization for the area
appropriate.
(c) Metropolitan Planning Area Boundaries.--
(1) In general.--For the purposes of this section,
the boundaries of a metropolitan planning area shall be
determined by agreement between the metropolitan
planning organization and the Governor.
(2) Included area.--Each metropolitan planning area--
(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period for the transportation plan; and
(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
(3) Identification of new urbanized areas within
existing planning area boundaries.--The designation by
the Bureau of the Census of new urbanized areas within
an existing metropolitan planning area shall not
require the redesignation of the existing metropolitan
planning organization.
(4) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the
case of an urbanized area designated as a nonattainment
area for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.) as of the date of
enactment of this paragraph, the boundaries of the
metropolitan planning area in existence as of such date
of enactment shall be retained; except that the
boundaries may be adjusted by agreement of the Governor
and affected metropolitan planning organizations in the
manner described in subsection (b)(5).
(5) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after the date of enactment of this
paragraph as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning
area--
(A) shall be established in the manner
described in subsection (b)(1);
(B) shall encompass the areas described in
paragraph (2)(A);
(C) may encompass the areas described in
paragraph (2)(B); and
(D) may address any nonattainment area
identified under the Clean Air Act for ozone or
carbon monoxide.
(d) Coordination in Multistate Areas.--
(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a
multistate metropolitan area and the appropriate
metropolitan planning organizations to provide
coordinated transportation planning for the entire
metropolitan area.
(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
(A) to enter into agreements or compacts, not
in conflict with any law of the United States,
for cooperative efforts and mutual assistance
in support of activities authorized under this
section as the activities pertain to interstate
areas and localities within the States; and
(B) to establish such agencies, joint or
otherwise, as the States may determine
desirable for making the agreements and
compacts effective.
(3) Lake tahoe region.--
(A) Definition.--In this paragraph, the term
``Lake Tahoe region'' has the meaning given the
term ``region'' in subdivision (a) of article
II of the Tahoe Regional Planning Compact, as
set forth in the first section of Public Law
96-551 (94 Stat. 3234).
(B) Transportation planning process.--The
Secretary shall--
(i) establish with the Federal land
management agencies that have
jurisdiction over land in the Lake
Tahoe region a transportation planning
process for the region; and
(ii) coordinate the transportation
planning process with the planning
process required of State and local
governments under this section and
section 5214.
(C) Interstate compact.--
(i) In general.--Subject to clause
(ii), notwithstanding subsection (b),
to carry out the transportation
planning process required by this
section, the consent of Congress is
granted to the States of California and
Nevada to designate a metropolitan
planning organization for the Lake
Tahoe region, by agreement between the
Governors of the States of California
and Nevada and units of general purpose
local government that together
represent at least 75 percent of the
affected population (including the
central city or cities (as defined by
the Bureau of the Census)), or in
accordance with procedures established
by applicable State or local law.
(ii) Involvement of federal land
management agencies.--
(I) Representation.--The
policy board of a metropolitan
planning organization
designated under clause (i)
shall include a representative
of each Federal land management
agency that has jurisdiction
over land in the Lake Tahoe
region.
(II) Funding.--In addition to
funds made available to the
metropolitan planning
organization under other
provisions of title 23 and
under chapter 53, not more than
1 percent of the funds
allocated under section 202 of
title 23 may be used to carry
out the transportation planning
process for the Lake Tahoe
region under this subparagraph.
(D) Activities.--Highway projects included in
transportation plans developed under this
paragraph--
(i) shall be selected for funding in
a manner that facilitates the
participation of the Federal land
management agencies that have
jurisdiction over land in the Lake
Tahoe region; and
(ii) may, in accordance with chapter
2 of title 23, be funded using funds
allocated under section 202 of title
23.
(e) MPO Consultation in Plan and TIP Coordination.--
(1) Nonattainment areas.--If more than 1 metropolitan
planning organization has authority within a
metropolitan area or an area which is designated as a
nonattainment area for ozone or carbon monoxide under
the Clean Air Act, each metropolitan planning
organization shall consult with the other metropolitan
planning organizations designated for such area and the
State in the coordination of plans and TIPs required by
this section.
(2) Transportation improvements located in multiple
MPOS.--If a transportation improvement funded from the
Highway Trust Fund or authorized under chapter 53 is
located within the boundaries of more than 1
metropolitan planning area, the metropolitan planning
organizations shall coordinate plans and TIPs regarding
the transportation improvement.
(3) Relationship with other planning officials.--The
Secretary shall encourage each metropolitan planning
organization to consult with those officials
responsible for other types of planning activities that
are affected by transportation in the area (including
State and local planned growth, economic development,
environmental protection, airport operations, and
freight movements) or to coordinate its planning
process, to the maximum extent practicable, with such
planning activities. Under the metropolitan planning
process, transportation plans and TIPs shall be
developed with due consideration of other related
planning activities within the metropolitan area, and
the process shall provide for the design and delivery
of transportation services within the metropolitan area
that are provided by--
(A) recipients of assistance under chapter
53;
(B) governmental agencies and nonprofit
organizations (including representatives of the
agencies and organizations) that receive
Federal assistance from a source other than the
Department of Transportation to provide
nonemergency transportation services; and
(C) recipients of assistance under section
204 of title 23.
(f) Scope of Planning Process.--
(1) In general.--The goals and objectives developed
through the metropolitan planning process for a
metropolitan planning area under this section shall
address the following factors as they relate to the
performance of the metropolitan area transportation
systems:
(A) Support of the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency.
(B) Increases in the safety and security of
the transportation system for motorized and
nonmotorized users.
(C) Increases in the accessibility and
mobility of people and for freight.
(D) Protection and enhancement of the
environment, promotion of energy conservation,
improvement of the quality of life, and
promotion of consistency between transportation
improvements and State and local planned growth
and economic development patterns.
(E) Enhancement of the integration and
connectivity of the transportation system,
across and between modes, for people and
freight.
(F) Promotion of efficient system management
and operation.
(G) Emphasis on the preservation of the
existing transportation system.
(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under title 23 or this
title, subchapter II of chapter 5 of title 5, or
chapter 7 of title 5 in any matter affecting a
transportation plan, a TIP, a project or strategy, or
the certification of a planning process.
(g) Development of Transportation Plan.--
(1) In general.--Each metropolitan planning
organization shall prepare, and update no less
frequently than every 4 years, a transportation plan
for its metropolitan planning area in accordance with
the requirements of this subsection.
(2) Transportation plan.--A transportation plan under
this section shall be in a form that the Secretary
determines to be appropriate and shall contain, at a
minimum, the following:
(A) An identification of transportation
facilities (including major roadways, transit,
multimodal and intermodal facilities, and
intermodal connectors) that should function as
an integrated metropolitan transportation
system, giving emphasis to those facilities
that serve important national and regional
transportation functions. In formulating the
transportation plan, the metropolitan planning
organization shall consider factors described
in subsection (f) as such factors relate to a
20-year forecast period.
(B) A financial plan that demonstrates how
the adopted transportation plan can be
implemented, indicates resources from public
and private sources that are reasonably
expected to be made available to carry out the
plan, and recommends any additional financing
strategies for needed projects and programs.
The financial plan may include, for
illustrative purposes, additional projects that
would be included in the adopted transportation
plan if reasonable additional resources beyond
those identified in the financial plan were
available. For the purpose of developing the
transportation plan, the metropolitan planning
organization, transit operator, and State shall
cooperatively develop estimates of funds that
will be available to support plan
implementation.
(C) Operational and management strategies to
improve the performance of existing
transportation facilities to relieve vehicular
congestion and maximize the safety and mobility
of people and goods.
(D) Capital investment and other strategies
to preserve the existing and projected future
metropolitan transportation infrastructure and
provide for multimodal capacity increases based
on regional priorities and needs.
(E) Proposed transportation and transit
enhancement activities.
(3) Coordination with clean air act agencies.--In
metropolitan areas which are in nonattainment for ozone
or carbon monoxide under the Clean Air Act, the
metropolitan planning organization shall coordinate the
development of a transportation plan with the process
for development of the transportation control measures
of the State implementation plan required by the Clean
Air Act.
(4) Participation by interested parties.--Before
approving a transportation plan, each metropolitan
planning organization shall provide citizens, affected
public agencies, representatives of public
transportation employees, freight shippers, providers
of freight transportation services, private providers
of transportation, representatives of users of public
transportation, representatives of users of pedestrian
walkways and bicycle transportation facilities,
representatives of the disabled, and other interested
parties with a reasonable opportunity to comment on the
transportation plan, in a manner that the Secretary
deems appropriate.
(5) Publication.--A transportation plan involving
Federal participation shall be published or otherwise
made readily available by the metropolitan planning
organization for public review and submitted for
information purposes to the Governor at such times and
in such manner as the Secretary shall establish.
(6) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(B), a State or
metropolitan planning organization shall not be
required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (2)(B).
(h) Metropolitan TIP.--
(1) Development.--
(A) In general.--In cooperation with the
State and any affected public transportation
operator, the metropolitan planning
organization designated for a metropolitan area
shall develop a TIP for the area for which the
organization is designated.
(B) Opportunity for comment.--In developing
the TIP, the metropolitan planning
organization, in cooperation with the State and
any affected public transportation operator,
shall provide citizens, affected public
agencies, representatives of public
transportation employees, freight shippers,
providers of freight transportation services,
private providers of transportation,
representatives of users of public
transportation, representatives of the
disabled, representatives of users of
pedestrian walkways and bicycle facilities, and
other interested parties with a reasonable
opportunity to comment on the proposed TIP.
(C) Funding estimates.--For the purpose of
developing the TIP, the metropolitan planning
organization, public transportation agency, and
State shall cooperatively develop estimates of
funds that are reasonably expected to be
available to support program implementation.
(D) Updating and approval.--The TIP shall be
updated at least once every 4 years and shall
be approved by the metropolitan planning
organization and the Governor.
(2) Contents.--
(A) Priority list.--The TIP shall include a
priority list of proposed federally supported
projects and strategies to be carried out
within each 4-year period after the initial
adoption of the TIP.
(B) Financial plan.--The TIP shall include a
financial plan that--
(i) demonstrates how the TIP can be
implemented;
(ii) indicates resources from public
and private sources that are reasonably
expected to be available to carry out
the program;
(iii) identifies innovative financing
techniques to finance projects,
programs, and strategies; and
(iv) may include, for illustrative
purposes, additional projects that
would be included in the approved TIP
if reasonable additional resources
beyond those identified in the
financial plan were available.
(C) Descriptions.--Each project in the TIP
shall include sufficient descriptive material
(such as type of work, termini, length, and
other similar factors) to identify the project
or phase of the project.
(D) Congestion relief activities.--The TIP
shall include a listing of congestion relief
activities to be carried out to meet the
requirements of section 139 of title 23,
categorized as either under one or under three
congestion relief activities.
(3) Included projects.--
(A) Projects under title 23 and chapter 53.--
A TIP developed under this subsection for a
metropolitan area shall include the projects
within the area that are proposed for funding
under chapter 1 of title 23 and chapter 53.
(B) Projects under chapter 2 of title 23.--
All projects proposed for funding under chapter
2 of title 23 shall be identified individually
in the TIP.
(C) Consistency with long-range
transportation plan.--Each project shall be
consistent with the long-range transportation
plan developed under subsection (g) for the
area.
(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project within the time
period contemplated for completion of the
project.
(4) Notice and comment.--Before approving a TIP, a
metropolitan planning organization, in cooperation with
the State and any affected public transportation
operator, shall provide citizens, affected public
agencies, representatives of public transportation
employees, freight shippers, providers of freight
transportation services, private providers of
transportation, representatives of users of public
transportation, representatives of the disabled,
representatives of users of pedestrian walkways and
bicycle facilities, and other interested parties with
reasonable notice of and an opportunity to comment on
the proposed program.
(5) Selection of projects.--
(A) In general.--Except as otherwise provided
in subsection (i)(4) and in addition to the TIP
development required under paragraph (1), the
selection of federally funded projects in
metropolitan areas shall be carried out, from
the approved TIP--
(i) by--
(I) in the case of projects
under title 23, the State; and
(II) in the case of projects
under chapter 53, the
designated recipients of public
transportation funding; and
(ii) in cooperation with the
metropolitan planning organization.
(B) Modifications to project priority.--
Notwithstanding any other provision of law,
action by the Secretary shall not be required
to advance a project included in the approved
TIP in place of another project in the program.
(6) Selection of projects from illustrative list.--
(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan
planning organization shall not be required to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv).
(B) Required action by the secretary.--Action
by the Secretary shall be required for a State
or metropolitan planning organization to select
any project from the illustrative list of
additional projects included in the financial
plan under paragraph (2)(B)(iv) for inclusion
in an approved TIP.
(7) Publication.--
(A) Publication of TIPs.--A TIP involving
Federal participation shall be published or
otherwise made readily available by the
metropolitan planning organization for public
review.
(B) Publication of annual listings of
projects.--An annual listing of projects for
which Federal funds have been obligated in the
preceding year shall be published or otherwise
made available by the metropolitan planning
organization for public review. The listing
shall be consistent with the categories
identified in the TIP.
(i) Transportation Management Areas.--
(1) Identification and designation.--
(A) Required identification.--The Secretary
shall identify as a transportation management
area each urbanized area (as defined by the
Bureau of the Census) with a population of over
200,000 individuals.
(B) Designations on request.--The Secretary
shall designate any additional area as a
transportation management area on the request
of the Governor and the metropolitan planning
organization designated for the area.
(2) Transportation plans.--In a metropolitan planning
area serving a transportation management area,
transportation plans shall be based on a continuing and
comprehensive transportation planning process carried
out by the metropolitan planning organization in
cooperation with the State and public transportation
operators.
(3) Congestion management process.--Within a
metropolitan planning area serving a transportation
management area, the transportation planning process
under this section shall address congestion management
through a process that provides for effective
management and operation, based on a cooperatively
developed and implemented metropolitan-wide strategy,
of new and existing transportation facilities eligible
for funding under title 23 and chapter 53 through the
use of travel demand reduction and operational
management strategies and shall identify a sufficient
number of congestion relief activities under section
139 of title 23 to meet the requirements of such
section. The Secretary shall establish an appropriate
phase-in schedule for compliance with the requirements
of this section but no sooner than one year after the
identification of a transportation management area.
(4) Selection of projects.--
(A) In general.--All federally funded
projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area under title 23
(excluding projects carried out on the National
Highway System and projects carried out under
the bridge program or the Interstate
maintenance program) or under chapter 53 shall
be selected for implementation from the
approved TIP by the metropolitan planning
organization designated for the area in
consultation with the State and any affected
public transportation operator.
(B) National highway system projects.--
Projects, carried out within the boundaries of
a metropolitan planning area serving a
transportation management area, on the National
Highway System and projects carried out within
such boundaries under the bridge program or the
Interstate maintenance program under title 23
shall be selected for implementation from the
approved TIP by the State in cooperation with
the metropolitan planning organization
designated for the area.
(5) Certification.--
(A) In general.--The Secretary shall--
(i) ensure that the metropolitan
planning process of a metropolitan
planning organization serving a
transportation management area is being
carried out in accordance with
applicable provisions of Federal law;
and
(ii) subject to subparagraph (B),
certify, not less often than once every
4 years, that the requirements of this
paragraph are met with respect to the
metropolitan planning process.
(B) Requirements for certification.--The
Secretary may make the certification under
subparagraph (A) if--
(i) the transportation planning
process complies with the requirements
of this section and other applicable
requirements of Federal law; and
(ii) there is a TIP for the
metropolitan planning area that has
been approved by the metropolitan
planning organization and the Governor.
(C) Effect of failure to certify.--
(i) Withholding of project funds.--If
a metropolitan planning process of a
metropolitan planning organization
serving a transportation management
area is not certified, the Secretary
may withhold up to 20 percent of the
funds attributable to the metropolitan
planning area of the metropolitan
planning organization for projects
funded under title 23 and chapter 53.
(ii) Restoration of withheld funds.--
The withheld funds shall be restored to
the metropolitan planning area at such
time as the metropolitan planning
process is certified by the Secretary.
(D) Review of certification.--In making
certification determinations under this
paragraph, the Secretary shall provide for
public involvement appropriate to the
metropolitan area under review.
(j) Abbreviated Plans for Certain Areas.--
(1) In general.--Subject to paragraph (2), in the
case of a metropolitan area not designated as a
transportation management area under this section, the
Secretary may provide for the development of an
abbreviated transportation plan and TIP for the
metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of
this section, taking into account the complexity of
transportation problems in the area.
(2) Nonattainment areas.--The Secretary may not
permit abbreviated plans or TIPs for a metropolitan
area that is in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.).
(k) Additional Requirements for Certain Nonattainment
Areas.--
(1) In general.--Notwithstanding any other provisions
of title 23 or chapter 53, for transportation
management areas classified as nonattainment for ozone
or carbon monoxide pursuant to the Clean Air Act,
Federal funds may not be advanced in such area for any
highway project that will result in a significant
increase in the carrying capacity for single-occupant
vehicles unless the project is addressed through a
congestion management process.
(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (c).
(l) Limitation on Statutory Construction.--Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible
under title 23 or chapter 53.
(m) Funding.--
(1) Set-asides.--Funds set aside under section 104(f)
of title 23 or section 5305(h) shall be available to
carry out this section.
(2) Other funding.--Funds made available under
section 5338(c) shall be available to carry out this
section.
(n) Continuation of Current Review Practice.--Since plans and
TIPs described in this section are subject to a reasonable
opportunity for public comment, individual projects included in
plans and TIPs are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
decisions by the Secretary concerning plans and TIPs described
in this section have not been reviewed under such Act as of
January 1, 1997, any decision by the Secretary concerning a
plan or TIP described in this section shall not be considered
to be a Federal action subject to review under such Act.
Sec. 5214. Statewide transportation planning
(a) General Requirements.--
(1) Development of plans and programs.--To accomplish
the objectives stated in section 5211, each State shall
develop a statewide transportation plan and a statewide
transportation improvement program for all areas of the
State subject to section 5213.
(2) Contents.--The statewide transportation plan and
the transportation improvement program developed for
each State shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways and bicycle transportation facilities) that
will function as an intermodal transportation system
for the State and an integral part of an intermodal
transportation system for the United States.
(3) Process of development.--The process for
developing the statewide plan and the transportation
improvement program shall provide for consideration of
all modes of transportation and the policies stated in
section 5211, and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be
addressed.
(b) Coordination With Metropolitan Planning; State
Implementation Plan.--A State shall--
(1) coordinate planning carried out under this
section with the transportation planning activities
carried out under section 5213 for metropolitan areas
of the State and with statewide trade and economic
development planning activities and related multistate
planning efforts; and
(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act
(42 U.S.C. 7401 et seq.).
(c) Interstate Agreements.--The consent of Congress is
granted to 2 or more States entering into agreements or
compacts, not in conflict with any law of the United States,
for cooperative efforts and mutual assistance in support of
activities authorized under this section related to interstate
areas and localities in the States and establishing authorities
the States consider desirable for making the agreements and
compacts effective.
(d) Scope of Planning Process.--
(1) In general.--Each State shall carry out a
statewide transportation planning process that provides
for consideration and implementation of projects,
strategies, and services that will--
(A) support the economic vitality of the
United States, the States, nonmetropolitan
areas, and metropolitan areas, especially by
enabling global competitiveness, productivity,
and efficiency;
(B) increase the safety and security of the
transportation system for motorized and
nonmotorized users;
(C) increase the accessibility and mobility
of people and freight;
(D) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
(E) enhance the integration and connectivity
of the transportation system, across and
between modes throughout the State, for people
and freight;
(F) promote efficient system management and
operation; and
(G) emphasize the preservation of the
existing transportation system.
(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under title 23 or this
title, subchapter II of chapter 5 of title 5, or
chapter 7 of title 5 in any matter affecting a
statewide transportation plan, the transportation
improvement program, a project or strategy, or the
certification of a planning process.
(e) Additional Requirements.--In carrying out planning under
this section, each State shall consider, at a minimum--
(1) with respect to nonmetropolitan areas, the
concerns of affected local officials with
responsibility for transportation;
(2) the concerns of Indian tribal governments and
Federal land management agencies that have jurisdiction
over land within the boundaries of the State; and
(3) coordination of transportation plans, the
transportation improvement program, and planning
activities with related planning activities being
carried out outside of metropolitan planning areas and
between States.
(f) Long-Range Statewide Transportation Plan.--
(1) Development.--Each State shall develop a long-
range statewide transportation plan, with a minimum 20-
year forecast period for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
(2) Consultation with governments.--
(A) Metropolitan areas.--The statewide
transportation plan shall be developed for each
metropolitan area in the State in cooperation
with the metropolitan planning organization
designated for the metropolitan area under
section 5213.
(B) Nonmetropolitan areas.--With respect to
nonmetropolitan areas, the statewide
transportation plan shall be developed in
consultation with affected nonmetropolitan
officials with responsibility for
transportation. The Secretary shall not review
or approve the consultation process in each
State.
(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the statewide
transportation plan shall be developed in
consultation with the tribal government and the
Secretary of the Interior.
(3) Participation by interested parties.--In
developing the statewide transportation plan, the State
shall--
(A) provide citizens, affected public
agencies, representatives of public
transportation employees, freight shippers,
private providers of transportation,
representatives of users of public
transportation, representatives of users of
pedestrian walkways and bicycle transportation
facilities, representatives of the disabled,
providers of freight transportation services,
and other interested parties with a reasonable
opportunity to comment on the proposed plan;
and
(B) identify transportation strategies
necessary to efficiently serve the mobility
needs of people.
(4) Financial plan.--The statewide transportation
plan may include a financial plan that demonstrates how
the adopted statewide transportation plan can be
implemented, indicates resources from public and
private sources that are reasonably expected to be made
available to carry out the plan, and recommends any
additional financing strategies for needed projects and
programs. The financial plan may include, for
illustrative purposes, additional projects that would
be included in the adopted statewide transportation
plan if reasonable additional resources beyond those
identified in the financial plan were available.
(5) Selection of projects from illustrative list.--A
State shall not be required to select any project from
the illustrative list of additional projects included
in the financial plan described in paragraph (4).
(6) Existing system.--The statewide transportation
plan should include capital, operations and management
strategies, investments, procedures, and other measures
to ensure the preservation and most efficient use of
the existing transportation system.
(g) Statewide Transportation Improvement Program.--
(1) Development.--Each State shall develop a
statewide transportation improvement program for all
areas of the State.
(2) Consultation with governments.--
(A) Metropolitan areas.--With respect to each
metropolitan area in the State, the program
shall be developed in cooperation with the
metropolitan planning organization designated
for the metropolitan area under section 5213.
(B) Nonmetropolitan areas.--With respect to
each nonmetropolitan area in the State, the
program shall be developed in consultation with
affected nonmetropolitan local officials with
responsibility for transportation. The
Secretary shall not review or approve the
specific consultation process in the State.
(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the program
shall be developed in consultation with the
tribal government and the Secretary of the
Interior.
(3) Participation by interested parties.--In
developing the program, the State shall provide
citizens, affected public agencies, representatives of
public transportation employees, freight shippers,
private providers of transportation, providers of
freight transportation services, representatives of
users of public transportation, representatives of
users of pedestrian walkways and bicycle transportation
facilities, representatives of the disabled, and other
interested parties with a reasonable opportunity to
comment on the proposed program.
(4) Included projects.--
(A) In general.--A transportation improvement
program developed under this subsection for a
State shall include federally supported surface
transportation expenditures within the
boundaries of the State.
(B) Projects under chapter 2 of title 23.--
All projects proposed for funding under chapter
2 of title 23 shall be identified individually
in the transportation improvement program.
(C) Consistency with statewide transportation
plan.--Each project shall be--
(i) consistent with the statewide
transportation plan developed under
this section for the State;
(ii) identical to the project or
phase of the project as described in an
approved metropolitan transportation
plan; and
(iii) in conformance with the
applicable State air quality
implementation plan developed under the
Clean Air Act (42 U.S.C. 7401 et seq.),
if the project is carried out in an
area designated as nonattainment for
ozone or carbon monoxide under that
Act.
(D) Requirement of anticipated full
funding.--The transportation improvement
program shall include a project, or an
identified phase of a project, only if full
funding can reasonably be anticipated to be
available for the project within the time
period contemplated for completion of the
project.
(E) Financial plan.--The transportation
improvement program may include a financial
plan that demonstrates how the approved
transportation improvement program can be
implemented, indicates resources from public
and private sources that are reasonably
expected to be made available to carry out the
transportation improvement program, and
recommends any additional financing strategies
for needed projects and programs. The financial
plan may include, for illustrative purposes,
additional projects that would be included in
the adopted transportation plan if reasonable
additional resources beyond those identified in
the financial plan were available.
(F) Selection of projects from illustrative
list.--
(i) No required selection.--
Notwithstanding subparagraph (E), a
State shall not be required to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (E).
(ii) Required action by the
secretary.--Action by the Secretary
shall be required for a State to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (E)
for inclusion in an approved
transportation improvement program.
(G) Priorities.--The transportation
improvement program shall reflect the
priorities for programming and expenditures of
funds, including transportation enhancement
activities, required by title 23 and chapter
53.
(H) Prioritization of congestion relief
activities.--The transportation improvement
program shall reflect the priorities for
congestion relief activities included in the
metropolitan transportation plan to meet the
requirements of section 139 of title 23.
(5) Project selection for areas of less than 50,000
population.--Projects carried out in areas with
populations of less than 50,000 individuals shall be
selected, from the approved transportation improvement
program (excluding projects carried out on the National
Highway System and projects carried out under the
bridge program or the Interstate maintenance program
under title 23 or sections 5310, 5311, 5316, and 5317),
by the State in cooperation with the affected
nonmetropolitan local officials with responsibility for
transportation. Projects carried out in areas with
populations of less than 50,000 individuals on the
National Highway System or under the bridge program or
the Interstate maintenance program under title 23 or
under sections 5310, 5311, 5316, and 5317 shall be
selected, from the approved statewide transportation
improvement program, by the State in consultation with
the affected nonmetropolitan local officials with
responsibility for transportation.
(6) Transportation improvement program approval.--
Every 4 years, a transportation improvement program
developed under this subsection shall be reviewed and
approved by the Secretary if based on a current
planning finding.
(7) Planning finding.--A finding shall be made by the
Secretary at least every 4 years that the
transportation planning process through which statewide
transportation plans and programs are developed is
consistent with this section and section 5213.
(8) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a
project included in the approved transportation
improvement program in place of another project in the
program.
(h) Funding.--
(1) Set-aside.--Funds set aside pursuant to section
104(i) of title 23 shall be available to carry out this
section.
(2) Other funding.--Funds made available under
section 5338(c) shall be available to carry out this
section.
(i) Treatment of Certain State Laws as Congestion Management
Processes.--For purposes of this section and section 5213,
State laws, rules, or regulations pertaining to congestion
management systems or programs may constitute the congestion
management process under section 5213(i)(3) if the Secretary
finds that the State laws, rules, or regulations are consistent
with, and fulfill the intent of, the purposes of section 5213,
as appropriate.
(j) Continuation of Current Review Practice.--Since the
statewide transportation plan and the transportation
improvement program described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the statewide transportation plans and the
transportation improvement program are subject to review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), and since decisions by the Secretary concerning
statewide transportation plans or the transportation
improvement program described in this section have not been
reviewed under such Act as of January 1, 1997, any decision by
the Secretary concerning a metropolitan or statewide
transportation plan or the transportation improvement program
described in this section shall not be considered to be a
Federal action subject to review under such Act.
SUBCHAPTER C--EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT
DECISIONMAKING
Sec. 5251. Definitions and applicability
(a) Definitions.--In this section, the following definitions
apply:
(1) Agency.--The term ``agency'' means any agency,
department, or other unit of Federal, State, local, or
Indian tribal government.
(2) Environmental impact statement.--The term
``environmental impact statement'' means the detailed
statement of environmental impacts required to be
prepared under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(3) Environmental review process.--
(A) In general.--The term ``environmental
review process'' means the process for
preparing for a project an environmental impact
statement, environmental assessment,
categorical exclusion, or other document
prepared under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Inclusions.--The term includes the
process for and completion of any environmental
permit, approval, review, or study required for
a project under any Federal law other than the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(4) Lead agency.--The term ``lead agency'' means the
Department of Transportation and, if applicable, any
State or local governmental entity serving as a joint
lead agency pursuant to this section.
(5) Multimodal project.--The term ``multimodal
project'' means a project funded, in whole or in part,
under title 23 or chapter 53 and involving the
participation of more than one Department of
Transportation administration or agency.
(6) Project.--The term ``project'' means any highway
project, public transportation capital project, or
multimodal project that requires the approval of the
Secretary.
(7) Project sponsor.--The term ``project sponsor''
means the agency or other entity, including any private
or public-private entity, that seeks approval of the
Secretary for a project.
(8) State transportation department.--The term
``State transportation department'' means any statewide
agency of a State with responsibility for one or more
modes of transportation.
(b) Applicability.--This subchapter is applicable to all
projects for which an environmental impact statement is
prepared under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.). This subchapter may be applied, to
the extent determined appropriate by the Secretary, to other
projects for which an environmental document is prepared
pursuant to such Act. Any authorities granted in this
subchapter may be exercised for a project, class of projects,
or program of projects.
Sec. 5252. Project development procedures
(a) Lead Agencies.--
(1) Federal lead agency.--The Department of
Transportation shall be the Federal lead agency in the
environmental review process for a project.
(2) Project sponsor as joint lead agency.--Any
project sponsor that is a State or local governmental
entity receiving funds under title 23 or chapter 53 for
the project shall serve as a joint lead agency with the
Department for purposes of preparing any environmental
document under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and may prepare any such
environmental document required in support of any
action or approval by the Secretary if the Federal lead
agency furnishes guidance in such preparation and
independently evaluates such document and the document
is approved and adopted by the Secretary prior to the
Secretary taking any subsequent action or making any
approval based on such document, whether or not the
Secretary's action or approval results in Federal
funding.
(3) Ensuring compliance.--The Secretary shall ensure
that the project sponsor complies with all design and
mitigation commitments made jointly by the Secretary
and the project sponsor in any environmental document
prepared by the project sponsor in accordance with this
subsection and that such document is appropriately
supplemented if project changes become necessary.
(4) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection
may be adopted or used by any Federal agency making any
approval to the same extent that such Federal agency
could adopt or use a document prepared by another
Federal agency.
(b) Participating Agencies.--
(1) In general.--The lead agency shall be responsible
for inviting and designating participating agencies in
accordance with this subsection.
(2) Invitation.--The lead agency shall identify, as
early as practicable in the environmental review
process for a project, any other Federal and non-
Federal agencies that may have an interest in the
project, and shall invite such agencies to become
participating agencies in the environmental review
process for the project. The invitation shall set a
deadline for responses to be submitted. The deadline
may be extended by the lead agency for good cause.
(3) Federal participating agencies.--Any Federal
agency that is invited by the lead agency to
participate in the environmental review process for a
project shall be designated as a participating agency
by the lead agency unless the invited agency informs
the lead agency, in writing, by the deadline specified
in the invitation that the invited agency--
(A) has no jurisdiction or authority with
respect to the project;
(B) has no expertise or information relevant
to the project; and
(C) does not intend to submit comments on the
project.
(4) Effect of designation.--Designation as a
participating agency under this subsection shall not
imply that the participating agency--
(A) supports a proposed project; or
(B) has any jurisdiction over, or special
expertise with respect to evaluation of, the
project.
(5) Cooperating agency.--A participating agency may
also be designated by a lead agency as a ``cooperating
agency'' under the regulations contained in part 1500
of title 40, Code of Federal Regulations.
(6) Designations for categories of projects.--The
Secretary may exercise the authorities granted under
this subsection for a project, class of projects, or
program of projects.
(c) Project Initiation.--
(1) In general.--The project sponsor shall initiate
the environmental review process for a project by
submitting an initiation notice to the Secretary.
(2) Contents of notice.--The initiation notice shall
include, at a minimum, a brief description of the type
of work, termini, length, and general location of the
proposed project, together with a statement of any
Federal approvals anticipated to be needed for the
project.
(d) Purpose and Need.--
(1) Participation.--As early as practicable during
the environmental review process, the lead agency shall
provide an opportunity for involvement by participating
agencies and the public in defining the purpose and
need for a project.
(2) Definition.--Following participation under
paragraph (1), the lead agency shall define the
project's purpose and need for purposes of any document
which the lead agency is responsible for preparing for
the project.
(3) Objectives.--The statement of purpose and need
shall include a clear statement of the objectives that
the proposed action is intended to achieve, which may
include--
(A) achieving a transportation objective
identified in an applicable statewide or
metropolitan transportation plan;
(B) supporting land use, economic
development, or growth objectives established
in applicable Federal, State, local, or tribal
plans; and
(C) serving national defense, national
security, or other national objectives, as
established in Federal laws, plans, or
policies.
(e) Alternatives Analysis.--
(1) Participation.--As early as practicable during
the environmental review process, the lead agency shall
provide an opportunity for involvement by participating
agencies and the public in determining the range of
alternatives to be considered for a project.
(2) Range of alternatives.--Following participation
under paragraph (1), the lead agency shall determine
the range of alternatives for consideration in any
document which the lead agency is responsible for
preparing for the project.
(3) Methodologies.--The lead agency also shall
determine, in collaboration with participating agencies
at appropriate times during the study process, the
methodologies to be used and the level of detail
required in the analysis of each alternative for a
project.
(4) Preferred alternative.--At the discretion of the
lead agency, the preferred alternative for a project,
after being identified, may be developed to a higher
level of detail than other alternatives in order to
facilitate the development of mitigation measures or
concurrent compliance with other applicable laws if the
lead agency determines that the development of such
higher level of detail will not prevent the lead agency
from making an impartial decision as to whether to
accept another alternative which is being considered in
the environmental review process.
(f) Comment Deadlines.--The lead agency shall establish the
following deadlines for comment during the environmental review
process for a project:
(1) For comments by agencies and the public on a
draft environmental impact statement, a period of no
more than 60 days from the date of public availability
of such document, unless--
(A) a different deadline is established by
agreement of the lead agency, the project
sponsor, and all participating agencies; or
(B) the deadline is extended by the lead
agency for good cause.
(2) For all other comment periods established by the
lead agency for agency or public comments in the
environmental review process, a period of no more than
30 days from availability of the materials on which
comment is requested, unless--
(A) a different deadline is established by
agreement of the lead agency, the project
sponsor, and all participating agencies; or
(B) the deadline is extended by the lead
agency for good cause.
(g) Issue Identification and Resolution.--
(1) Cooperation.--The lead agency and the
participating agencies shall work cooperatively in
accordance with this section to identify and resolve
issues that could delay completion of the environmental
review process or could result in denial of any
approvals required for the project under applicable
laws.
(2) Lead agency responsibilities.--The lead agency
shall make information available to the participating
agencies as early as practicable in the environmental
review process regarding the environmental and
socioeconomic resources located within the project area
and the general locations of the alternatives under
consideration. Such information may be based on
existing data sources, including geographic information
systems mapping.
(3) Participating agency responsibilities.--Based on
information received from the lead agency,
participating agencies shall identify, as early as
practicable, any issues of concern regarding the
project's potential environmental or socioeconomic
impacts. In this paragraph, issues of concern include
any issues that could substantially delay or prevent an
agency from granting a permit or other approval that is
needed for the project.
(4) Issue resolution.--Whenever issues of concern are
identified or at any time upon request of a project
sponsor, the lead agency shall promptly convene a
meeting with the relevant participating agencies. If a
resolution cannot be achieved within 30 days following
such a meeting and a determination by the lead agency
that all information necessary to resolve the issue has
been obtained, the lead agency shall notify the heads
of all Federal agencies involved in the meeting and the
Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives and shall publish such
notification in the Federal Register.
(h) Participation of State Agencies.--For any project
eligible for assistance under title 23 or chapter 53, a State
may require, under procedures established by State law, that
all State agencies that have jurisdiction by State or Federal
law over environmental-related issues that may be affected by
the project, or that are required to issue any environmental-
related reviews, analyses, opinions, or determinations on
issuing any permits, licenses, or approvals for the project, be
subject to the coordinated environmental review process
established under this section unless the Secretary determines
that a State agency's participation would not be in the public
interest. A State participating in the review process must
require all State agencies with jurisdiction to be subject to
and comply with the review process to the same extent as a
Federal agency.
(i) Assistance to Affected State and Federal Agencies.--
(1) In general.--For a project that is subject to the
environmental review process established under this
section and for which funds are made available to a
State under title 23 or chapter 53, the Secretary may
approve a request by the State to provide funds so made
available to affected Federal agencies (including the
Department of Transportation), State agencies, and
Indian tribes participating in the environmental review
process for the project. Such funds may be provided
only to support activities that directly and
meaningfully contribute to expediting and improving
transportation project planning and delivery. Such
activities may include dedicated staffing, training of
agency personnel, information gathering and mapping,
and development of programmatic agreements. The
Secretary may also use funds made available under
section 204 of title 23 for a project for the purposes
specified in this subsection with respect to the
environmental review process for the project.
(2) Amounts.--Requests under paragraph (1) may be
approved only for the additional amounts that the
Secretary determines are necessary for the Federal
agencies, State agencies, or Indian tribes
participating in the environmental review process to
meet the time limits for environmental review.
(3) Condition.--A request under paragraph (1) to
expedite time limits for environmental review may be
approved only if such time limits are less than the
customary time necessary for such review.
(j) Judicial Review and Savings Clause.--
(1) Judicial review.--Except as set forth under
subsection (k), nothing in this section shall affect
the reviewability of any final Federal agency action in
a court of the United States.
(2) Savings clause.--Nothing in this section shall be
construed as superseding, amending, or modifying the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or any other Federal environmental
statute or affect the responsibility of any Federal
officer to comply with or enforce any such statute.
(3) Limitations.--Nothing in this section shall
preempt or interfere with--
(A) any practice of seeking, considering, or
responding to public comment; or
(B) any power, jurisdiction, responsibility,
or authority that a Federal, State, or local
government agency, metropolitan planning
organization, Indian tribe, or project sponsor
has with respect to carrying out a project or
any other provisions of law applicable to
projects, plans, or programs.
(k) Limitations on Claims.--
(1) In general.--Notwithstanding any other provision
of law, a claim arising under Federal law seeking
judicial review of a permit, license, or approval
issued by a Federal agency for a highway or public
transportation capital project shall be barred unless
it is filed within 90 days after the permit, license,
or approval is final pursuant to the law under which
the agency action is taken, unless a shorter time is
specified in the Federal law pursuant to which judicial
review is allowed. Nothing in this subsection shall
create a right to judicial review or place any limit on
filing a claim that a person has violated the terms of
a permit, license, or approval.
(2) New information.--The Secretary shall consider
new information received after the close of a comment
period if the information satisfies the requirements
for a supplemental environmental impact statement under
section 771.130 of title 23, Code of Federal
Regulations. The preparation of a supplemental
environmental impact statement when required shall be
considered a separate final agency action and the
deadline for filing a claim for judicial review of such
action shall be 90 days after the date of such action.
CHAPTER 53--[MASS] PUBLIC TRANSPORTATION
Sec.
5301. Policies, findings, and purposes.
* * * * * * *
[5304. Transportation improvement program.
[5305. Transportation management areas.
[5306. Private enterprise participation in metropolitan planning and
transportation improvement programs and relationship to other
limitations.]
5304. Statewide planning.
5305. Planning programs.
5306. Private enterprise participation in planning; relationship to
other limitations.
* * * * * * *
[5309. Capital investment grants and loans.
[5310. formula Grants and loans for special needs of elderly
individuals and individuals with disabilities.
[5311. Formula grant for other than urbanized areas.
[5312. Research, development, demonstration, and training projects.
[5313. State planning and research programs.
[5314. National planning and research programs.]
5309. Capital investment grants.
5310. Formula grants for special needs of elderly individuals and
individuals with disabilities.
5311. Formula grants for other than urbanized areas.
5312. Research, development, demonstration, and deployment projects.
5313. Cooperative research program.
5314. National research and technology programs.
* * * * * * *
5316. Job access and reverse commute formula grants.
5317. New freedom program.
* * * * * * *
[5320. Suspended light rail system technology pilot project.]
5320. Transit in the parks pilot program.
* * * * * * *
[5324. Limitations on discretionary and special needs grants and
loans.]
5324. Special provisions for capital projects.
5325. Contract requirements.
[5326. Special procurements.]
* * * * * * *
[5329. Investigation of safety hazards.
[5330. Withholding amounts for noncompliance with safety requirements.]
5329. Investigation of safety and hazards.
5330. State safety oversight.
* * * * * * *
[5335. Reports and audits.]
5335. National transit database.
5336. Apportionment of appropriations for formula grants.
[5337. Apportionment of appropriations for fixed guideway
modernization.]
5337. Apportionment based on fixed guideway factors.
* * * * * * *
Sec. 5301. Policies, findings, and purposes
[(a) Development of Transportation Systems.--It is in the
interest of the United States to encourage and promote the
development of transportation systems that embrace various
modes of transportation and efficiently maximize mobility of
individuals and goods in and through urbanized areas and
minimize transportation-related fuel consumption and air
pollution.]
(a) Development and Revitalization of Public Transportation
Systems.--It is in the interest of the United States to foster
the development and revitalization of public transportation
systems that--
(1) maximize the safe, secure, and efficient mobility
of individuals;
(2) minimize environmental impacts; and
(3) minimize transportation-related fuel consumption
and reliance on foreign oil.
* * * * * * *
(b) General Findings.--Congress finds that--
(1) * * *
* * * * * * *
(4) for many years the [mass] public transportation
industry capably and profitably satisfied the
transportation needs of the urban areas of the United
States but in the early 1970's continuing even minimal
[mass] public transportation service in urban areas was
threatened because maintaining that transportation
service was financially burdensome;
* * * * * * *
(6) some urban areas were developing preliminary
plans for, or carrying out, projects in the early
1970's to revitalize their [mass] public transportation
operations;
(7) significant [mass] public transportation
improvements are necessary to achieve national goals
for improved air quality, energy conservation,
international competitiveness, and mobility for elderly
individuals, individuals with disabilities, and
economically disadvantaged individuals in urban and
rural areas of the United States;
(8) financial assistance by the Government to develop
efficient and coordinated [mass] public transportation
systems is essential to solve the urban transportation
problems referred to in clause (2) of this subsection;
and
(9) immediate substantial assistance by the
Government is needed to enable [mass] public
transportation systems to continue providing vital
transportation service.
* * * * * * *
(d) Elderly Individuals and Individuals With Disabilities.--
It is the policy of the Government that elderly individuals and
individuals with disabilities have the same right as other
individuals to use [mass] public transportation service and
facilities. Special efforts shall be made in planning and
designing [mass] public transportation service and facilities
to ensure that [mass] public transportation can be used by
elderly individuals and individuals with disabilities. All
programs of the Government assisting [mass] public
transportation shall carry out this policy.
(e) Preserving the Environment.--It is the policy of the
Government that special effort shall be made to preserve the
natural beauty of the countryside, public park and recreation
lands, wildlife and waterfowl refuges, and important historical
and cultural assets when planning, designing, and carrying out
[an urban mass] a public transportation capital project with
assistance from the Government [under sections 5309 and 5310 of
this title].
(f) General Purposes.--The purposes of this chapter are--
(1) to assist in developing improved [mass] public
transportation equipment, facilities, techniques, and
methods with the cooperation of [public and private
mass transportation companies] both public
transportation companies and private companies engaged
in public transportation;
(2) to encourage the planning and establishment of
areawide [urban mass] public transportation systems
needed for economical and desirable urban development
with the cooperation of [public and private mass
transportation companies] both public transportation
companies and private companies engaged in public
transportation;
(3) to assist States and local governments and their
authorities in financing areawide [urban mass] public
transportation systems that are to be operated by
[public or private mass transportation companies]
public transportation companies or private companies
engaged in public transportation as decided by local
needs;
* * * * * * *
(5) to establish a partnership that allows a
community, with financial assistance from the
Government, to satisfy its [urban mass] public
transportation requirements.
Sec. 5302. Definitions
(a) In General.--[In this chapter] Except as otherwise
specifically provided, in this chapter, the following
definitions apply:
(1) Capital project.--The term ``capital project''
means a project for--
(A) acquiring, constructing, supervising, or
inspecting equipment or a facility for use in
[mass] public transportation, expenses
incidental to the acquisition or construction
(including designing, engineering, location
surveying, mapping, and acquiring rights-of-
way), payments for the capital portions of rail
trackage rights agreements, transit-related
intelligent transportation systems, relocation
assistance, acquiring replacement housing
sites, and acquiring, constructing, relocating,
and rehabilitating replacement housing;
* * * * * * *
(F) leasing equipment or a facility for use
in [mass] public transportation, subject to
regulations that the Secretary prescribes
limiting the leasing arrangements to those that
are more cost-effective than purchase or
construction;
(G) a [mass] public transportation
improvement that enhances economic development
or incorporates private investment, including
commercial and residential development,
pedestrian and bicycle access to a [mass]
public transportation facility, construction,
renovation, and improvement of intercity bus
stations and terminals, and the renovation and
improvement of historic transportation
facilities, because the improvement enhances
the effectiveness of a [mass] public
transportation project and is related
physically or functionally to that [mass]
public transportation project, or establishes
new or enhanced coordination between [mass]
public transportation and other transportation,
and provides a fair share of revenue for [mass]
public transportation that will be used for
[mass] public transportation--
(i) * * *
(ii) excluding construction of a
commercial revenue-producing facility
(other than an intercity bus station or
terminal) or a part of a public
facility not related to [mass] public
transportation;
(H) the introduction of new technology,
through innovative and improved products, into
[mass] public transportation; [or]
(I) the provision of nonfixed route
paratransit transportation services in
accordance with section 223 of the Americans
with Disabilities Act of 1990 (42 U.S.C.
12143), but only for grant recipients that are
in compliance with applicable requirements of
that Act, including both fixed route and demand
responsive service, and only for amounts not to
exceed 10 percent of such recipient''s annual
formula apportionment under sections 5307 and
5311[.];
(J) crime prevention and security--
(i) including--
(I) projects to refine and
develop security and emergency
response plans;
(II) projects aimed at
detecting chemical and
biological agents in public
transportation;
(III) the conduct of
emergency response drills with
public transportation agencies
and local first response
agencies; and
(IV) security training for
public transportation
employees; but
(ii) excluding all expenses related
to operations, other than such expenses
incurred in conducting activities
described in subclauses (III) and (IV);
(K) establishment of a debt service reserve
made up of deposits with a bondholders' trustee
in a noninterest bearing account for the
purpose of ensuring timely payment of principal
and interest on bonds issued by a grant
recipient for purposes of financing an eligible
project under this chapter; or
(L) mobility management--
(i) consisting of short-range
planning and management activities and
projects for improving coordination
among public transportation and other
transportation service providers
carried out by a recipient or
subrecipient through an agreement
entered into with a person, including a
governmental entity, under this chapter
(other than section 5309); but
(ii) excluding operating public
transportation services.
* * * * * * *
(4) Fixed guideway.--The term ``fixed guideway''
means a [mass] public transportation facility--
(A) using and occupying a separate right-of-
way or rail for the exclusive use of [mass]
public transportation and other high occupancy
vehicles; or
* * * * * * *
(5) [Handicapped individual] Individual with a
disability.--The term ``[handicapped individual]
individual with a disability'' means an individual who,
because of illness, injury, age, congenital
malfunction, or other incapacity or temporary or
permanent disability (including an individual who is a
wheelchair user or has semiambulatory capability),
cannot use effectively, without special facilities,
planning, or design, [mass] public transportation
service or a [mass] public transportation facility.
* * * * * * *
[(7) Mass transportation.--The term ``mass
transportation'' means transportation by a conveyance
that provides regular and continuing general or special
transportation to the public, but does not include
school bus, charter, or sightseeing transportation.]
(7) Mass transportation.--The term ``mass
transportation'' means public transportation.
* * * * * * *
(9) New bus model.--The term ``new bus model'' means
a bus model (including a model using alternative
fuel)--
(A) that has not been used in [mass] public
transportation in the United States before the
date of production of the model; or
(B) used in [mass] public transportation in
the United States, but being produced with a
major change in configuration or components.
[(10) Public transportation.--The term ``public
transportation'' means mass transportation.]
(10) Public transportation.--The term ``public
transportation'' means transportation by a conveyance
that provides regular and continuing general or special
transportation to the public, but does not include
schoolbus, charter, or sightseeing transportation.
* * * * * * *
(14) Transit.--The term ``transit'' means [mass]
public transportation.
(15) Transit enhancement.--The term ``transit
enhancement'' means, with respect to any project or an
area to be served by a project, projects that are
designed to enhance [mass] public transportation
service or use and that are physically or functionally
related to transit facilities. Eligible projects are--
(A) historic preservation, rehabilitation,
and operation of historic [mass] public
transportation buildings, structures, and
facilities (including historic bus and railroad
facilities);
* * * * * * *
(F) bicycle access, including bicycle storage
facilities and installing equipment for
transporting bicycles on [mass] public
transportation vehicles;
(G) transit connections to parks within the
recipient's transit service area;
(H) signage; and
(I) enhanced access for persons with
disabilities to [mass] public transportation.
(16) Urban area.--The term ``urban area'' means an
area that includes a municipality or other built-up
place that the Secretary, after considering local
patterns and trends of urban growth, decides is
appropriate for a local [mass] public transportation
system to serve individuals in the locality.
[(17) Urbanized area.--The term ``urbanized area''
means an area--
[(A) encompassing at least an urbanized area
within a State that the Secretary of Commerce
designates; and
[(B) designated as an urbanized area within
boundaries fixed by State and local officials
and approved by the Secretary.]
(17) Urbanized area.--The term ``urbanized area''
means an area encompassing a population of at least
50,000 people that has been defined and designated in
the latest decennial census as an urbanized area by the
Secretary of Commerce.
(b) Authority To Modify ``[Handicapped Individual] Individual
With a Disability''.--The Secretary may by regulation modify
the definition of the term ``[handicapped individual]
individual with a disability'' in subsection (a)(5) as it
applies to section 5307(d)(1)(D).
[Sec. 5303. Metropolitan planning
[(a) General Requirements.--
[(1) Development of plans and programs.--To carry out
section 5301(a), metropolitan planning organizations
designated under subsection (c), in cooperation with
the States and mass transportation operators, shall
develop transportation plans and programs for urbanized
areas of the State.
[(2) Contents.--The plans and programs developed
under paragraph (1) for each metropolitan area shall
provide for the development and integrated management
and operation of transportation systems and facilities
(including pedestrian walkways and bicycle
transportation facilities) that will function as an
intermodal transportation system for the metropolitan
area and as an integral part of an intermodal
transportation system for the State and the United
States.
[(3) Process.--The process for developing the plans
and programs shall provide for consideration of all
modes of transportation and shall be continuing,
cooperative, and comprehensive to the degree
appropriate, based on the complexity of the
transportation problems to be addressed.
[(b) Scope of Planning Process.--
[(1) In general.--The metropolitan transportation
planning process for a metropolitan area under this
section shall provide for consideration of projects and
strategies that will--
[(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
[(B) increase the safety and security of the
transportation system for motorized and
nonmotorized users;
[(C) increase the accessibility and mobility
options available to people and for freight;
[(D) protect and enhance the environment,
promote energy conservation, and improve
quality of life;
[(E) enhance the integration and connectivity
of the transportation system, across and
between modes, for people and freight;
[(F) promote efficient system management and
operation; and
[(G) emphasize the preservation of the
existing transportation system.
[(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall
not be reviewable by any court under this title,
subchapter II of chapter 5 of title 5, or chapter 7 of
title 5 in any matter affecting a transportation plan,
a transportation improvement plan, a project or
strategy, or the certification of a planning process.
[(c) Designating Metropolitan Planning Organizations.--(1) To
carry out the planning process required by this section and
sections 5304-5306 of this title, a metropolitan planning
organization shall be designated for each urbanized area with a
population of more than 50,000--
[(A) by agreement of the chief executive officer of a
State and units of general purpose local government
that together represent at least 75 percent of the
affected population (including the central city or
cities, as defined by the Bureau of the Census); or
[(B) under procedures established by State or local
law.
[(2) Each policy board of a metropolitan planning
organization that serves an area designated as a transportation
management area when designated or redesignated under this
subsection shall consist of local elected officials, officials
of public agencies that administer or operate major modes of
transportation in the metropolitan area (including all
transportation authorities included in the organization on June
1, 1991), and appropriate State officials.
[(3) More than one metropolitan planning organization may be
designated within an existing metropolitan planning area only
if the chief executive officer of the State and the existing
metropolitan organization determine that the size and
complexity of the existing metropolitan planning area make
designation of more than one organization appropriate.
[(4) A designation is effective until--
[(A) the organization is redesignated under paragraph
(5) of this subsection; or
[(B) revoked--
[(i) by agreement of the chief executive
officer and units of general local government
representing at least 75 percent of the
affected population; or
[(ii) as otherwise provided by State or local
procedures.
[(5)(A) The chief executive officer and units of general
purpose local government that together represent at least 75
percent of the affected population (including the central city
or cities, as defined by the Bureau of the Census) may
redesignate by agreement a metropolitan planning organization
when appropriate to carry out this section and sections 5304-
5306 of this title.
[(B) A metropolitan planning organization shall be
redesignated on request of one or more units of general local
government representing at least 25 percent of the affected
population (including the central city or cities, as defined by
the Bureau of the Census) in an urbanized area with a
population of more than 5,000,000, but less than 10,000,000 or
that is an extreme nonattainment area for ozone or carbon
monoxide (as defined in the Clean Air Act (42 U.S.C. 7401 et
seq.)).
[(C) A metropolitan planning organization shall be
redesignated using procedures established to carry out this
paragraph.
[(D) Designations of metropolitan planning organizations,
whether made under this section or under any other provision of
law, shall remain in effect until redesignation under this
paragraph.
[(6) This subsection does not affect the authority, under
State law in effect on December 18, 1991, of a public authority
with multimodal transportation responsibilities--
[(A) to develop plans and programs for a metropolitan
planning organization to adopt; and
[(B) to develop long-range capital plans, coordinate
mass transportation services and projects, and carry
out other activities under State law.
[(d) Metropolitan Planning Area Boundaries.--
[(1) In general.--To carry out this section, the
metropolitan planning organization and the chief
executive officer shall decide by agreement on the
boundaries of a metropolitan planning area.
[(2) Included area.--Each metropolitan planning
area--
[(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period; and
[(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
[(3) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the
case of an urbanized area designated as a nonattainment
area for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.), the boundaries of the
metropolitan planning area in existence as of the date
of enactment of this paragraph shall be retained,
except that the boundaries may be adjusted by agreement
of the chief executive officer of the State and any
affected metropolitan planning organizations, in the
manner described in subsection (c)(5).
[(4) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after the date of enactment of this
paragraph as a nonattainment area for ozone or carbon
monoxide under the Clean Air Act, the boundaries of the
metropolitan planning area--
[(A) shall be established in the manner
described in subsection (c)(1);
[(B) shall encompass the areas described in
paragraph (2)(A);
[(C) may encompass the areas described in
paragraph (2)(B); and
[(D) may address any nonattainment area
identified under the Clean Air Act for ozone or
carbon monoxide.
[(e) Coordination.--(1) The Secretary of Transportation shall
establish requirements the Secretary considers appropriate to
encourage chief executive officers and metropolitan planning
organizations with responsibility for part of a multi-State
metropolitan area to provide coordinated transportation
planning for the entire area.
[(2) Congress consents to at least 2 States making an
agreement or compact, not in conflict with a law of the United
States, for cooperative efforts and mutual assistance in
support of activities authorized under this section related to
interstate areas and localities in the States and establishing
authorities the States consider desirable for making the
agreements and compacts effective.
[(3) If more than one metropolitan planning organization has
authority in a metropolitan area or an area designated a
nonattainment area for ozone or carbon monoxide under the Clean
Air Act (42 U.S.C. 7401 et seq.), each organization shall
consult with the other organizations designated for the area
and the State to coordinate plans and projects required by this
section and sections 5304-5306 of this title.
[(4) The Secretary shall encourage each metropolitan planning
organization to coordinate, to the maximum extent practicable,
the design and delivery of transportation services within the
metropolitan planning area that are provided--
[(A) by recipients of assistance under this chapter;
and
[(B) by governmental agencies and non-profit
organizations (including representatives of the
agencies and organizations) that receive Governmental
assistance from a source other than the Department of
Transportation to provide non-emergency transportation
services.
[(5) Coordination.--If a project is located within
the boundaries of more than 1 metropolitan planning
organization, the metropolitan planning organizations
shall coordinate plans regarding the project.
[(6) Lake tahoe region.--
[(A) Definition.--In this paragraph, the term
``Lake Tahoe region'' has the meaning given the
term ``region'' in subdivision (a) of article
II of the Tahoe Regional Planning Compact, as
set forth in the first section of Public Law
96-551 (94 Stat. 3234).
[(B) Transportation planning process.--The
Secretary shall--
[(i) establish with the Federal land
management agencies that have
jurisdiction over land in the Lake
Tahoe region a transportation planning
process for the region; and
[(ii) coordinate the transportation
planning process with the planning
process required of State and local
governments under this chapter and
sections 134 and 135 of title 23.
[(C) Interstate compact.--
[(i) In general.--Subject to clause
(ii) and notwithstanding subsection
(b), to carry out the transportation
planning process required by this
section, the consent of Congress is
granted to the States of California and
Nevada to designate a metropolitan
planning organization for the Lake
Tahoe region, by agreement between the
Governors of the States of California
and Nevada and units of general purpose
local government that together
represent at least 75 percent of the
affected population (including the
central city or cities (as defined by
the Bureau of the Census)), or in
accordance with procedures established
by applicable State or local law.
[(ii) Involvement of federal land
management agencies.--
[(I) Representation.--The
policy board of a metropolitan
planning organization
designated under clause (i)
shall include a representative
of each Federal land management
agency that has jurisdiction
over land in the Lake Tahoe
region.
[(II) Funding.--In addition
to funds made available to the
metropolitan planning
organization under other
provisions of this chapter and
under title 23, not more than 1
percent of the funds allocated
under section 202 of title 23
may be used to carry out the
transportation planning process
for the Lake Tahoe region under
this subparagraph.
[(D) Activities.--Highway projects included
in transportation plans developed under this
paragraph--
[(i) shall be selected for funding in
a manner that facilitates the
participation of the Federal land
management agencies that have
jurisdiction over land in the Lake
Tahoe region; and
[(ii) may, in accordance with chapter
2 of title 23, be funded using funds
allocated under section 202 of title
23.
[(f) Developing Long-Range Transportation Plans.--(1) Each
metropolitan planning organization shall prepare and update
periodically, according to a schedule the Secretary of
Transportation decides is appropriate, a long-range plan for
its metropolitan area under the requirements of this section.
The plan shall be in the form the Secretary considers
appropriate and at least shall--
[(A) identify transportation facilities (including
major roadways, mass transportation, and multimodal and
intermodal facilities) that should function as an
integrated metropolitan transportation system,
emphasizing transportation facilities that serve
important national, regional, and metropolitan
transportation functions;
[(B) include a financial plan that--
[(i) demonstrates how the long-range plan can
be carried out;
[(ii) indicates resources from public and
private sources reasonably expected to be made
available to carry out the plan; and
[(iii) recommends any additional financing
strategies for needed projects and programs;
[(C) identify transportation strategies necessary--
[(i) to ensure preservation, including
requirements for management, operation,
modernization, and rehabilitation, of the
existing and future transportation system; and
[(ii) to use existing transportation
facilities most efficiently to relieve
congestion, to efficiently serve the mobility
needs of people and goods, and to enhance
access within the metropolitan planning area;
[(D) indicate appropriate proposed transportation
enhancement activities; and
[(E) the financial plan may include, for illustrative
purposes, additional projects that would be included in
the adopted long-range plan if reasonable additional
resources beyond those identified in the financial plan
were available, except that, for the purpose of
developing the long-range plan, the metropolitan
planning organization and the State shall cooperatively
develop estimates of funds that will be available to
support plan implementation.
[(2) When formulating a long-range transportation plan, the
metropolitan planning organization shall consider the factors
described in subsection (b) of this section and any State or
local goals developed within the cooperative metropolitan
planning process as they relate to a 20-year forecast period
and to other forecast periods as determined by the participants
in the planning process.
[(3) In a metropolitan area that is in a nonattainment area
for ozone or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), the metropolitan planning organization shall
coordinate the development of the long-range plan with the
development of the transportation control measures of the State
Implementation Plan required by the Act.
[(4) Before approving a long-range plan, each metropolitan
planning organization shall provide citizens, affected public
agencies, representatives of mass transportation authority
employees, freight shippers, providers of freight
transportation services, private providers of transportation,
representatives of users of public transit, and other
interested parties with a reasonable opportunity to comment on
the plan in a way the Secretary of Transportation considers
appropriate.
[(5) A long-range plan shall be--
[(A) published or otherwise made readily available
for public review; and
[(B) submitted for information purposes to the chief
executive officer of the State at the time and in the
way the Secretary of Transportation establishes.
[(6) Selection of projects from illustrative list.--
Notwithstanding paragraph (1)(E), a State or metropolitan
planning organization shall not be required to select any
project from the illustrative list of additional projects
included in the financial plan under paragraph (1)(B).
[(g) Grants.--Under criteria the Secretary of Transportation
establishes, the Secretary may make contracts for, and grants
to, States, local governmental authorities, and authorities of
the States and governmental authorities, or may make agreements
with other departments, agencies, and instrumentalities of the
Government, to plan, engineer, design, and evaluate a mass
transportation project and for other technical studies,
including--
[(1) studies related to management, operations,
capital requirements, and economic feasibility;
[(2) evaluating previously financed projects; and
[(3) other similar and related activities preliminary
to and in preparation for constructing, acquiring, or
improving the operation of facilities and equipment.
[(h) Balanced and Comprehensive Planning.--(1) To the extent
practicable, the Secretary of Transportation shall ensure that
amounts made available under subsection (c) or (h)(1) of
section 5338 of this title to carry out this section and
sections 5304 and 5305 of this title are used to support
balanced and comprehensive transportation planning that
considers the relationships among land use and all
transportation modes, without regard to the programmatic source
of the planning amounts.
[(2)(A) The Secretary of Transportation shall apportion 80
percent of the amount made available under subsection (c) or
(h)(1) of section 5338 of this title to States in a ratio equal
to the population in urbanized areas in each State divided by
the total population in urbanized areas in all States, as shown
by the latest available decennial census. A State may not
receive less than .5 percent of the amount apportioned under
this subparagraph.
[(B) Amounts apportioned to a State under subparagraph (A) of
this paragraph shall be allocated to metropolitan planning
organizations in the State designated under this section under
a formula--
[(i) the State develops in cooperation with the
metropolitan planning organizations;
[(ii) the Secretary of Transportation approves; and
[(iii) that considers population in urbanized areas
and provides an appropriate distribution for urbanized
areas to carry out the cooperative processes described
in this section.
[(C) A State shall make amounts available promptly to
eligible metropolitan planning organizations according to
procedures the Secretary of Transportation approves.
[(3)(A) The Secretary of Transportation shall apportion 20
percent of the amount made available under subsection (c) or
(h)(1) of section 5338 of this title to States to supplement
allocations made under paragraph (2)(B) of this subsection for
metropolitan planning organizations.
[(B) Amounts under this paragraph shall be allocated under a
formula that reflects the additional cost of carrying out
planning, programming, and project selection responsibilities
under this section and sections 5304-5306 of this title in
those areas.
[(4) To the maximum extent practicable, the Secretary of
Transportation shall ensure that no metropolitan planning
organization is allocated less than the amount it received by
administrative formula under this section in the fiscal year
that ended September 30, 1991. To carry out this subsection,
the Secretary may make a proportionate reduction in other
amounts made available to carry out subsection (c) or (h)(1) of
section 5338 of this title.
[(5) Amounts available for an activity under this subsection
are for 80 percent of the cost of the activity unless the
Secretary of Transportation decides it is in the interests of
the Government not to require a State or local match.
[(6) An amount apportioned under this subsection--
[(A) remains available for 3 years after the fiscal
year in which the amount is apportioned, and
[(B) that is unobligated at the end of the 3-year
period shall be reapportioned among the States for the
next fiscal year.
[Sec. 5304. Transportation improvement program
[(a) Development and Update.--
[(1) In general.--In cooperation with the State and
affected mass transportation operators, a metropolitan
planning organization designated for a metropolitan
area shall develop a transportation improvement program
for the area. In developing the program, the
metropolitan planning organization, in cooperation with
the chief executive officer of the State and any
affected mass transportation operator, shall provide
citizens, affected public agencies, representatives of
transportation authority employees, other affected
employee representatives, freight shippers, providers
of freight transportation services, other affected
employee representatives, private providers of
transportation, representatives of users of public
transit, and other interested parties with a reasonable
opportunity to comment on the proposed program. The
program shall be updated at least once every 2 years
and shall be approved by the organization and the chief
executive officer of the State.
[(2) Funding estimate.--For the purpose of developing
the transportation improvement program, the
metropolitan planning organization, public transit
agency, and the State shall cooperatively develop
estimates of funds that are reasonably expected to be
available to support program implementation.
[(b) Contents.--A transportation improvement program for a
metropolitan area shall include--
[(1) a priority list of projects and parts of
projects to be carried out in each 3-year period after
the program is adopted; and
[(2) a financial plan that--
[(A) demonstrates how the program can be
carried out;
[(B) indicates resources from public and
private sources that reasonably are expected to
be made available to carry out the plan;
[(C) identifies innovative financing
techniques to finance projects, programs, and
strategies; and
[(D) may include, for illustrative purposes,
additional projects that would be included in
the approved transportation improvement program
if reasonable additional resources beyond those
identified in the financial plan were
available.
[(c) Project Selection.--(1) Except as otherwise provided in
section 5305(d)(1) and in addition to the transportation
improvement program development required under subsection (b),
the selection of federally funded projects for implementation
in metropolitan areas shall be carried out, from the approved
transportation improvement program--
[(A) by--
[(i) in the case of projects under title 23,
the State; and
[(ii) in the case of projects under this
chapter, the designated transit funding
recipients; and
[(B) in cooperation with the metropolitan planning
organization.
[(2) A transportation improvement program for a metropolitan
area shall include--
[(A) projects within the area that are proposed for
financing under this chapter and title 23 and that are
consistent with the long-range plan developed under
section 5303(f) of this title; and
[(B) a project or an identified phase of a project
only if full financing reasonably can be anticipated to
be available for the project in the period estimated
for completion.
[(3) Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a project
included in the approved transportation improvement program in
place of another project in the program.
[(4) Selection of projects from illustrative list.--
[(A) In general.--Notwithstanding subsection
(b)(2)(D), a State or metropolitan planning
organization shall not be required to select
any project from the illustrative list of
additional projects included in the financial
plan under subsection (b)(2)(D).
[(B) Action by secretary.--Action by the
Secretary shall be required for a State or
metropolitan planning organization to select
any project from the illustrative list of
additional projects included in the plan under
subsection (b)(2) for inclusion in an approved
transportation improvement plan.
[(5) Publication.--(A) A transportation improvement program
involving Government participation shall be published or
otherwise made readily available by the metropolitan planning
organization for public review.
[(B) An annual listing of projects for which Government funds
have been obligated in the preceding year shall be published or
otherwise made available by the metropolitan planning
organization for public review. The listing shall be consistent
with the categories identified in the transportation
improvement program.
[(6) Regionally significant projects proposed for funding
under chapter 2 of title 23 shall be identified individually in
the transportation improvement program. All other projects
funded under chapter 2 of title 23 shall be grouped in 1 line
item or identified individually in the transportation
improvement program.
[(d) Notice and Comment.--Before approving a transportation
improvement program, a metropolitan planning organization shall
provide citizens, affected public agencies, representatives of
transportation agency employees, private providers of
transportation, and other interested parties with reasonable
notice and an opportunity to comment on the proposed program.
[(e) Regulatory Proceeding.--Not later than June 18, 1992,
the Secretary of Transportation shall begin a regulatory
proceeding to conform review requirements for mass
transportation projects under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) to comparable requirements
under that Act applicable to highway projects. This section and
sections 5303, 5305, and 5306 of this title do not affect the
applicability of the Act to mass transportation or highway
projects. A mass transportation project that has an approved
draft Environmental Impact Statement is exempt from complying
with requirements under the Act applicable to highway projects.
[Sec. 5305. Transportation management areas
[(a) Designation.--The Secretary of Transportation shall
designate as a transportation management area--
[(1) each urbanized area with a population of more
than 200,000; and
[(2) any other area, if requested by the chief
executive officer and the metropolitan planning
organization designated for the area.
[(b) Transportation Plans and Programs.--Transportation plans
and programs in a transportation management area shall be based
on a continuing and comprehensive transportation planning
process the metropolitan planning organization carries out in
cooperation with the State and affected mass transportation
operators.
[(c) Congestion Management System.--The transportation
planning process under sections 5303, 5304, and 5306 of this
title in a transportation management area shall include a
congestion management system providing for effective
management, through travel demand reduction and operational
management strategies, of new and existing transportation
facilities eligible for financing under this chapter and title
23.
[(d) Project Selection.--(1)(A) All federally funded projects
carried out within the boundaries of a transportation
management area under title 23 (excluding projects carried out
on the National Highway System and projects carried out under
the bridge and interstate maintenance program) or under this
chapter shall be selected from the approved transportation
improvement program by the metropolitan planning organization
designated for the area in consultation with the State and any
affected public transit operator.
[(B) Projects carried out within the boundaries of a
transportation management area on the National Highway System
and projects carried out within such boundaries under the
bridge program or the interstate maintenance program shall be
selected from the approved transportation improvement program
by the State in cooperation with the metropolitan planning
organization designated for the area.
[(2)(A) A selection under this subsection must comply with
the transportation improvement program for the area.
[(B) A selection under paragraph (1)(A) of this subsection
must comply with priorities established in the program.
[(e) Certification.--(1) At least once every 3 years, the
Secretary shall ensure and certify that each metropolitan
planning organization in each transportation management area is
carrying out its responsibilities under applicable laws of the
United States. The Secretary may make the certification only if
the organization is complying with section 134 of title 23 and
other applicable requirements of laws of the United States and
the organization and chief executive officer have approved a
transportation improvement program for the area.
[(2)(A) If a metropolitan planning process is not certified,
the Secretary may withhold not more than 20 percent of the
apportioned funds attributable to the transportation management
area under this chapter and title 23.
[(B) Any apportionments withheld under subparagraph (A) shall
be restored to the metropolitan area at such time as the
metropolitan planning organization is certified by the
Secretary.
[(3) The Secretary may not withhold certification based on
the policies and criteria a metropolitan planning organization
or mass transportation grant recipient establishes under
section 5306(a) of this title for deciding the feasibility of
private enterprise participation.
[(4) In making certification determinations under this
subsection, the Secretary shall provide for public involvement
appropriate to the metropolitan area under review.
[(f) Additional Requirements for Certain Nonattainment
Areas.--Government amounts may be made available for a mass
transportation project resulting in a significant increase in
carrying capacity for single occupant vehicles in a
transportation management area classified as a nonattainment
area for ozone or carbon monoxide under the Clean Air Act (42
U.S.C. 7401 et seq.) only if the project is part of an approved
congestion management system.
[(g) Areas Not Designated Transportation Management Areas.--
(1) The Secretary may provide for the development of
abbreviated metropolitan transportation plans and programs the
Secretary decides are appropriate to carry out this section and
sections 5303, 5304, and 5306 of this title for metropolitan
areas not designated transportation management areas under this
section. The Secretary shall consider the complexity of
transportation problems in those areas, including
transportation-related air quality problems.
[(2) The Secretary may not provide an abbreviated plan or
program for a metropolitan area in a nonattainment area for
ozone or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.).
[(h) Continuation of Current Review Practice.--Since plans
and programs described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the plans and programs are subject to
review under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning plans and programs described in this section have
not been reviewed under such Act as of January 1, 1997, any
decision by the Secretary concerning a plan or program
described in this section shall not be considered to be a
Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).]
Sec. 5303. Metropolitan planning
(a) In General.--Grants made under sections 5307, 5308, 5309,
5310, 5311, 5316, and 5317 shall be carried out in accordance
with the metropolitan planning provisions of chapter 52.
(b) Certification.--
(1) In general.--The Secretary shall ensure and
certify that each metropolitan planning organization in
each transportation management area is carrying out its
responsibilities under applicable laws of the United
States. The Secretary may make the certification only
if the organization is complying with chapter 52 and
other applicable requirements of laws of the United
States and the organization and chief executive officer
have approved a transportation improvement program for
the area.
(2) Limitation on withholding certification.--The
Secretary may not withhold certification based on the
policies and criteria a metropolitan planning
organization or mass transportation grant recipient
establishes under section 5306(a) for deciding the
feasibility of private enterprise participation.
Sec. 5304. Statewide planning
Grants made under sections 5307, 5308, 5309, 5310, 5311,
5316, and 5317 shall be carried out in accordance with the
statewide planning provisions of chapter 52.
Sec. 5305. Planning programs
(a) State Defined.--In this section the term ``State'' means
a State of the United States, the District of Columbia, and
Puerto Rico.
(b) General Authority.--
(1) Assistance.--Under criteria to be established by
the Secretary, the Secretary may provide assistance
for--
(A) the development of transportation plans
and programs;
(B) planning, engineering, designing, and
evaluating a public transportation project; and
(C) for other technical studies.
(2) Grants, agreements, and contracts.--The Secretary
may provide assistance under paragraph (1)--
(A) by making grants to States, authorities
of States, metropolitan planning organizations,
and local governmental authorities; or
(B) by making agreements with other
departments, agencies, and instrumentalities of
the Government.
(3) Eligible activities.--Activities eligible for
assistance under paragraph (1) include the following:
(A) Studies related to management, planning,
operations, capital requirements, and economic
feasibility.
(B) Evaluating previously financed projects.
(C) Peer reviews and exchanges of technical
data, information, assistance, and related
activities in support of planning and
environmental analyses among metropolitan
planning organizations and other transportation
planners.
(D) Other similar and related activities
preliminary to and in preparation for
constructing, acquiring, or improving the
operation of facilities and equipment.
(c) Purpose.--To the extent practicable, the Secretary shall
ensure that amounts appropriated or made available under
section 5338 to carry out this section and sections 5303 and
5304 are used to support balanced and comprehensive
transportation planning that considers the relationships among
land use and all transportation modes, without regard to the
programmatic source of the planning amounts.
(d) Metropolitan Planning Program.--
(1) Apportionment to states.--
(A) In general.--The Secretary shall
apportion 80 percent of the amounts made
available under subsection (g)(1) among the
States to carry out sections 5303 and 5306 in
the ratio that--
(i) the population of urbanized areas
in each State, as shown by the latest
available decennial census of
population; bears to
(ii) the total population of
urbanized areas in all States, as shown
by that census.
(B) Minimum apportionment.--Notwithstanding
subparagraph (A), a State may not receive less
than 0.5 percent of the amount apportioned
under this paragraph.
(2) Allocation to mpo's.--Amounts apportioned to a
State under paragraph (1) shall be made available
within 30 days after allocation to metropolitan
planning organizations in the State designated under
this section under a formula that--
(A) considers population of urbanized areas;
(B) provides an appropriate distribution for
urbanized areas to carry out the cooperative
processes described in this section;
(C) the State develops in cooperation with
the metropolitan planning organizations; and
(D) the Secretary approves.
(3) Supplemental amounts.--
(A) In general.--The Secretary shall
apportion 20 percent of the amounts made
available under subsection (g)(1) among the
States to supplement allocations made under
paragraph (1) for metropolitan planning
organizations.
(B) Formula.--The Secretary shall apportion
amounts referred to in subparagraph (A) under a
formula that reflects the additional cost of
carrying out planning, programming, and project
selection responsibilities under sections 5303
and 5306 in certain urbanized areas.
(e) State Planning and Research Program.--
(1) Apportionment to states.--
(A) In general.--The Secretary shall
apportion the amounts made available under
subsection (g)(2) among the States for grants
and contracts to carry out sections 5303
through 5306, 5312, 5315, and 5322 in the ratio
that--
(i) the population of urbanized areas
in each State, as shown by the latest
available decennial census; bears to
(ii) the population of urbanized
areas in all States, as shown by that
census.
(B) Minimum apportionment.--Notwithstanding
subparagraph (A), a State may not receive less
than 0.5 percent of the amount apportioned
under this paragraph.
(2) Supplemental amounts.--A State, as the State
considers appropriate, may authorize part of the amount
made available under this subsection to be used to
supplement amounts made available under subsection (d).
(f) Government's Share of Costs.--The Government's share of
the cost of an activity funded using amounts made available
under this section may not exceed 80 percent of the cost of the
activity unless the Secretary determines that it is in the
interests of the Government not to require a State or local
match.
(g) Allocation of Funds.--Of the funds made available by or
appropriated to carry out this section under section 5338(c)
for fiscal years 2004 through 2009--
(1) 82.72 percent shall be available for the
metropolitan planning program under subsection (d); and
(2) 17.28 percent shall be available to carry out
subsection (e).
(h) Availability of Funds.--Funds apportioned under this
section in a State shall remain available for obligation in
that State for a period of 3 years after the last day of the
fiscal year for which the funds are authorized. Any amounts so
apportioned that remain unobligated at the end of that period
shall be reapportioned among the States.
[Sec. 5306. Private enterprise participation in metropolitan planning
and transportation improvement programs and
relationship to other limitations]
Sec. 5306. Private enterprise participation in planning; relationship
to other limitations
(a) * * *
* * * * * * *
Sec. 5307. Urbanized area formula grants
(a) Definitions.--In this section, the following definitions
apply:
(1) * * *
(2) Designated recipient.--The term ``designated
recipient'' means--
(A) [a person] an entity designated,
consistent with the planning process under
sections 5303-5306 of this title, by the chief
executive officer of a State, responsible local
officials, and publicly owned operators of
[mass] public transportation to receive and
apportion amounts under section 5336 of this
title that are attributable to transportation
management areas established under [section
5305(a) of this title] chapter 52; or
(B) a State or regional authority if the
authority is responsible under the laws of a
State for a capital project and for financing
and directly providing [mass] public
transportation.
(b) General Authority.--[(1) The Secretary of Transportation
may make grants under this section for capital projects and to
finance the planning and improvement costs of equipment,
facilities, and associated capital maintenance items for use in
mass transportation, including the renovation and improvement
of historic transportation facilities with related private
investment. The Secretary may also make grants under this
section to finance the operating cost of equipment and
facilities for use in mass transportation in an urbanized area
with a population of less than 200,000.]
(1) Grants.--The Secretary may make grants under this
section for--
(A) capital projects and associated capital
maintenance items;
(B) planning;
(C) transit enhancements; and
(D) operating costs of equipment and
facilities for use in public transportation in
an urbanized area with a population of less
than 200,000.
(2) Special rule for [fiscal year 2003 and for the
period of october 1, 2003, through april 30, 2004]
fiscal years 2003 through 2005.--
(A) Increased flexibility.--The Secretary may
make grants under this section, from funds made
available to carry out this section for [fiscal
year 2003, and for the period of October 1,
2003, through April 30, 2004] fiscal years
2003, 2004, and 2005, to finance the operating
cost of equipment and facilities for use in
[mass] public transportation in an urbanized
area with a population of at least 200,000 as
determined under the 2000 decennial census of
population if--
(i) * * *
* * * * * * *
(3) In a transportation management area designated under
[section 5305(a) of this title] chapter 52, amounts that cannot
be used to pay operating expenses under this section also are
available for a highway project if--
(A) that use is approved, in writing, by the
metropolitan planning organization under [section 5303
of this title] chapter 52 after appropriate notice and
an opportunity for comment and appeal is provided to
affected [mass] public transportation providers;
* * * * * * *
(c) Public Participation Requirements.--Each recipient of a
grant shall--
(1) * * *
* * * * * * *
(5) ensure that the proposed program of projects
provides for the coordination of [mass] public
transportation services assisted under section 5336 of
this title with transportation services assisted from
other United States Government sources;
* * * * * * *
(d) Grant Recipient Requirements.--A recipient may receive a
grant in a fiscal year only if--
(1) the recipient, within the time the Secretary
prescribes, submits a final program, including safety
and security aspects of the program of projects
prepared under subsection (c) of this section and a
certification for that fiscal year that the recipient
(including a person receiving amounts from a chief
executive officer of a State under this section)--
(A) * * *
* * * * * * *
(H) will comply with [sections 5301(a) and
(d), 5303-5306, and 5310(a)-(d) of this title]
subsections (a) and (d) of section 5301 and
sections 5303 through 5306;
(I) has a locally developed process to
solicit and consider public comment before
raising a fare or carrying out a major
reduction of transportation; [and]
(J)(i) will expend for each fiscal year for
[mass] public transportation security projects,
including increased lighting in or adjacent to
a [mass] public transportation system
(including bus stops, subway stations, parking
lots, and garages), increased camera
surveillance of an area in or adjacent to that
system, providing an emergency telephone line
to contact law enforcement or security
personnel in an area in or adjacent to that
system, and any other project intended to
increase the security and safety of an existing
or planned [mass] public transportation system,
at least one percent of the amount the
recipient receives for each fiscal year under
section 5336 of this title; or
(ii) has decided that the expenditure for
security projects is not necessary; and
(K) in the case of a recipient for an
urbanized area with a population of at least
200,000--
(i) will expend one percent of the
amount the recipient receives each
fiscal year under this section for
projects for transit enhancements, as
defined in section 5302(a); and
(ii) will submit an annual report
listing projects carried out in the
preceding fiscal year with those funds;
and
* * * * * * *
[(e) Government's Share of Costs.--A grant of the Government
for a capital project (including associated capital maintenance
items) under this section is for 80 percent of the net project
cost of the project. A recipient may provide additional local
matching amounts. A grant for operating expenses may not be
more than 50 percent of the net project cost of the project.
The remainder of the net project cost shall be provided in cash
from sources other than amounts of the Government or revenues
from providing mass transportation (excluding revenues derived
from the sale of advertising and concessions that are more than
the amount of those revenues in the fiscal year that ended
September 30, 1985). Transit system amounts that make up the
remainder shall be from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or new
capital.]
(e) Government's Share of Costs.--
(1) Capital projects.--A grant for a capital project
(including associated capital maintenance items) under
this section shall be for 80 percent of the net project
cost of the project. The recipient may provide
additional local matching amounts.
(2) Operating expenses.--A grant for operating
expenses under this section may not exceed 50 percent
of the net project cost of the project.
(3) Remainder.--The remainder of the net project cost
shall be provided--
(A) in cash from sources other than amounts
of the Government or revenues from providing
public transportation (excluding revenues
derived from the sale of advertising and
concessions);
(B) from an undistributed cash surplus, a
replacement or depreciation cash fund or
reserve, or new capital; and
(C) from amounts received under a service
agreement with a State or local social service
agency or private social service organization.
(f) Statewide Operating Assistance.--(1) A State authority
that is a designated recipient and providing [mass] public
transportation in at least 2 urbanized areas may apply for
operating assistance in an amount not more than the amount for
all urbanized areas in which it provides transportation.
* * * * * * *
[(h) Streamlined Administrative Procedures.--The Secretary
shall prescribe streamlined administrative procedures for
complying with the certification requirement under subsection
(d)(1)(B) and (C) of this section for track and signal
equipment used in existing operations.]
[(i)] (h) Reviews, Audits, and Evaluations.--(1)(A) At least
annually, the Secretary [shall] may carry out, or require a
recipient to have carried out independently, reviews and audits
the Secretary considers appropriate to establish whether the
recipient has carried out--
(i) * * *
* * * * * * *
[(j)] (i) Reports.--A recipient (including a person receiving
amounts from a chief executive officer of a State under this
section) shall submit annually to the Secretary a report on the
revenues the recipient derives from the sale of advertising and
concessions.
[(k) Transit Enhancement Activities.--
[(1) In general.--One percent of the funds
apportioned to urbanized areas with a population of at
least 200,000 under section 5336 for a fiscal year
shall be made available for transit enhancement
activities in accordance with section 5302(a)(15).
[(2) Period of availability.--Funds apportioned under
paragraph (1) shall be available for obligation for 3
years following the fiscal year in which the funds are
apportioned. Funds that are not obligated at the end of
such period shall be reapportioned under the urbanized
area formula program of section 5336.
[(3) Report.--A recipient of funds apportioned under
paragraph (1) shall submit, as part of the recipient's
annual certification to the Secretary, a report listing
the projects carried out during the preceding fiscal
year with those funds.]
[(l)] (j) Procurement System Approval.--A recipient may
request the Secretary to approve its procurement system. The
Secretary shall approve the system for use for procurements
financed under section 5336 of this title if, after consulting
with the Administrator for Federal Procurement Policy, the
Secretary decides the system provides for competitive
procurement. Approval of a system under this subsection does
not relieve a recipient of the duty to certify under subsection
(d)(1)(E) of this section.
[(m)] (k) Operating Ferries Outside Urbanized Areas.--A
vessel used in ferryboat operations financed under section 5336
of this title that is part of a State-operated ferry system may
be operated occasionally outside the urbanized area in which
service is provided to accommodate periodic maintenance if
existing ferry service is not reduced significantly by
operating outside the area.
[(n)] (l) Relationship to Other Laws.--[(1) Section 1001 of
title 18 applies to a certificate or submission under this
section. The Secretary may end a grant under this section and
seek reimbursement, directly or by offsetting amounts available
under section 5336 of this title, when a false or fraudulent
statement or related act within the meaning of section 1001 is
made in connection with a certification or submission.]
[(2)] (1) This chapter.--Sections 5302, 5318, 5319,
5323(a)(1), (d), and (f), 5332, and 5333 of this title
apply to this section and to a grant made under this
section. Except as provided in this section, no other
provision of this chapter applies to this section or to
a grant made under this section.
(2) Chapter 15 of title 5.--The provision of
assistance under this chapter shall not be construed as
bringing within the application of chapter 15 of title
5 any nonsupervisory employee of a public
transportation system (or any other agency or entity
performing related functions) to which such chapter is
otherwise inapplicable.
(m) Treatment.--For purposes of this section, the United
States Virgin Islands shall be treated as an urbanized area, as
defined in section 5302.
[Sec. 5308. Clean fuels formula grant program
[(a) Definitions.--In this section--
[(1) the term ``clean fuel vehicle'' means a vehicle
that--
[(A) is powered by--
[(i) compressed natural gas;
[(ii) liquefied natural gas;
[(iii) biodiesel fuels;
[(iv) batteries;
[(v) alcohol-based fuels;
[(vi) hybrid electric;
[(vii) fuel cell;
[(viii) clean diesel, to the extent
allowed under this section; or
[(ix) other low or zero emissions
technology; and
[(B) the Administrator of the Environmental
Protection Agency has certified sufficiently
reduces harmful emissions;
[(2) the term ``designated recipient'' has the same
meaning as in section 5307(a)(2); and
[(3) the term ``eligible project''--
[(A) means a project for--
[(i) purchasing or leasing clean fuel
buses, including buses that employ a
lightweight composite primary
structure;
[(ii) constructing or leasing clean
fuel buses or electrical recharging
facilities and related equipment;
[(iii) improving existing mass
transportation facilities to
accommodate clean fuel buses;
[(iv) repowering pre-1993 engines
with clean fuel technology that meets
the current urban bus emission
standards; or
[(v) retrofitting or rebuilding pre-
1993 engines if before half life to
rebuild; and
[(B) in the discretion of the Secretary, may
include projects relating to clean fuel,
biodiesel, hybrid electric, or zero emissions
technology vehicles that exhibit equivalent or
superior emissions reductions to existing clean
fuel or hybrid electric technologies.
[(b) Authority.--The Secretary shall make grants in
accordance with this section to designated recipients to
finance eligible projects.
[(c) Application.--
[(1) In general.--Not later than January 1 of each
year, any designated recipient seeking to apply for a
grant under this section for an eligible project shall
submit an application to the Secretary, in such form
and in accordance with such requirements as the
Secretary shall establish by regulation.
[(2) Certification required.--An application
submitted under paragraph (1) shall contain a
certification by the applicant that the grantee will
operate vehicles purchased with a grant under this
section only with clean fuels.
[(d) Apportionment of Funds.--
[(1) Formula.--Not later than February 1 of each
year, the Secretary shall apportion amounts made
available to carry out this section to designated
recipients submitting applications under subsection
(c), of which--
[(A) two-thirds shall be apportioned to
designated recipients with eligible projects in
urban areas with a population of at least
1,000,000, of which--
[(i) 50 percent shall be apportioned,
such that each such designated
recipient receives a grant in an amount
equal to the ratio between--
[(I) the number of vehicles
in the bus fleet of the
eligible project of the
designated recipient, weighted
by severity of nonattainment
for the area in which the
eligible project is located, as
provided in paragraph (2); and
[(II) the total number of
vehicles in the bus fleets of
all eligible projects in areas
with a population of at least
1,000,000 funded under this
section, weighted by severity
of nonattainment for all areas
in which those eligible
projects are located, as
provided in paragraph (2); and
[(ii) 50 percent shall be
apportioned, such that each such
designated recipient receives a grant
in an amount equal to the ratio
between--
[(I) the number of bus
passenger miles (as that term
is defined in section 5336(c))
of the eligible project of the
designated recipient, weighted
by severity of nonattainment of
the area in which the eligible
project is located, as provided
in paragraph (2); and
[(II) the total number of bus
passenger miles of all eligible
projects in areas with a
population of at least
1,000,000 funded under this
section, weighted by severity
of nonattainment of all areas
in which those eligible
projects are located, as
provided in paragraph (2); and
[(B) one-third shall be apportioned to
designated recipients with eligible projects in
urban areas with a population of less than
1,000,000, of which--
[(i) 50 percent shall be apportioned,
such that each such designated
recipient receives a grant in an amount
equal to the ratio between--
[(I) the number of vehicles
in the bus fleet of the
eligible project of the
designated recipient, weighted
by severity of nonattainment
for the area in which the
eligible project is located, as
provided in paragraph (2); and
[(II) the total number of
vehicles in the bus fleets of
all eligible projects in areas
with a population of less than
1,000,000 funded under this
section, weighted by severity
of nonattainment for all areas
in which those eligible
projects are located, as
provided in paragraph (2); and
[(ii) 50 percent shall be
apportioned, such that each such
designated recipient receives a grant
in an amount equal to the ratio
between--
[(I) the number of bus
passenger miles (as that term
is defined in section 5336(c))
of the eligible project of the
designated recipient, weighted
by severity of nonattainment of
the area in which the eligible
project is located, as provided
in paragraph (2); and
[(II) the total number of bus
passenger miles of all eligible
projects in areas with a
population of less than
1,000,000 funded under this
section, weighted by severity
of nonattainment of all areas
in which those eligible
projects are located, as
provided in paragraph (2).
[(2) Weighting of severity of nonattainment.--
[(A) In general.--For purposes of paragraph
(1), subject to subparagraph (B) of this
paragraph, the number of clean fuel vehicles in
the fleet, or the number of passenger miles,
shall be multiplied by a factor of--
[(i) 1.0 if, at the time of the
apportionment, the area is a
maintenance area (as that term is
defined in section 101 of title 23) for
ozone or carbon monoxide;
[(ii) 1.1 if, at the time of the
apportionment, the area is classified
as--
[(I) a marginal ozone
nonattainment area under
subpart 2 of part D of title I
of the Clean Air Act (42 U.S.C.
7511 et seq.); or
[(II) a marginal carbon
monoxide nonattainment area
under subpart 3 of part D of
title I of the Clean Air Act
(42 U.S.C. 7512 et seq.);
[(iii) 1.2 if, at the time of the
apportionment, the area is classified
as--
[(I) a moderate ozone
nonattainment area under
subpart 2 of part D of title I
of the Clean Air Act (42 U.S.C.
7511 et seq.); or
[(II) a moderate carbon
monoxide nonattainment area
under subpart 3 of part D of
title I of the Clean Air Act
(42 U.S.C. 7512 et seq.);
[(iv) 1.3 if, at the time of the
apportionment, the area is classified
as--
[(I) a serious ozone
nonattainment area under
subpart 2 of part D of title I
of the Clean Air Act (42 U.S.C.
7511 et seq.); or
[(II) a serious carbon
monoxide nonattainment area
under subpart 3 of part D of
title I of the Clean Air Act
(42 U.S.C. 7512 et seq.);
[(v) 1.4 if, at the time of the
apportionment, the area is classified
as--
[(I) a severe ozone
nonattainment area under
subpart 2 of part D of title I
of the Clean Air Act (42 U.S.C.
7511 et seq.); or
[(II) a severe carbon
monoxide nonattainment area
under subpart 3 of part D of
title I of the Clean Air Act
(42 U.S.C. 7512 et seq.); or
[(vi) 1.5 if, at the time of the
apportionment, the area is classified
as--
[(I) an extreme ozone
nonattainment area under
subpart 2 of part D of title I
of the Clean Air Act (42 U.S.C.
7511 et seq.); or
[(II) an extreme carbon
monoxide nonattainment area
under subpart 3 of part D of
title I of the Clean Air Act
(42 U.S.C. 7512 et seq.).
[(B) Additional adjustment for carbon
monoxide areas.--If, in addition to being
classified as a nonattainment or maintenance
area (as that term is defined in section 101 of
title 23) for ozone under subpart 2 of part D
of title I of the Clean Air Act (42 U.S.C. 7511
et seq.), the area was also classified under
subpart 3 of part D of title I of that Act (42
U.S.C. 7512 et seq.) as a nonattainment area
for carbon monoxide, the weighted nonattainment
or maintenance area fleet and passenger miles
for the eligible project, as calculated under
subparagraph (A), shall be further multiplied
by a factor of 1.2.
[(3) Maximum grant amount.--
[(A) In general.--The amount of a grant made
to a designated recipient under this section
shall not exceed the lesser of--
[(i) for an eligible project in an
area--
[(I) with a population of
less than 1,000,000,
$15,000,000; and
[(II) with a population of at
least 1,000,000, $25,000,000;
or
[(ii) 80 percent of the total cost of
the eligible project.
[(B) Reapportionment.--Any amounts that would
otherwise be apportioned to a designated
recipient under this subsection that exceed the
amount described in subparagraph (A) shall be
reapportioned among other designated recipients
in accordance with paragraph (1).
[(e) Additional Requirements.--
[(1) Limitation on uses.--Not less than 5 percent of
the amount made available by or appropriated under
section 5338 in each fiscal year to carry out this
section shall be available for any eligible projects
for which an application is received from a designated
recipient, for--
[(A) the purchase or construction of hybrid
electric or battery-powered buses; or
[(B) facilities specifically designed to
service those buses.
[(2) Clean diesel buses.--Not more than 35 percent of
the amount made available by or appropriated under
section 5338 in each fiscal year to carry out this
section may be made available to fund clean diesel
buses.
[(3) Bus retrofitting and replacement.--Not more than
5 percent of the amount made available by or
appropriated under section 5338 in each fiscal year to
carry out this section may be made available to fund
retrofitting or replacement of the engines of buses
that do not meet the clean air standards of the
Environmental Protection Agency, as in effect on the
date on which the application for such retrofitting or
replacement is submitted under subsection (c)(1).
[(f) Availability of Funds.--Any amount made available or
appropriated under this section--
[(1) shall remain available to a project for 1 year
after the fiscal year for which the amount is made
available or appropriated; and
[(2) that remains unobligated at the end of the
period described in paragraph (1), shall be added to
the amount made available in the following fiscal
year.]
Sec. 5308. Clean fuels formula grant program
(a) Definitions.--In this section, the following definitions
apply:
(1) Clean fuel bus.--The term ``clean fuel bus''
means a passenger vehicle used to provide public
transportation that--
(A) is powered by--
(i) compressed natural gas;
(ii) liquefied natural gas;
(iii) biodiesel fuels;
(iv) batteries;
(v) alcohol-based fuels;
(vi) hybrid electric;
(vii) fuel cell;
(viii) clean diesel, to the extent
allowed under this section; or
(ix) other low or zero emissions
technology; and
(B) the Administrator of the Environmental
Protection Agency has certified sufficiently
reduces harmful emissions.
(2) Eligible project.--The term ``eligible
project''--
(A) means a project in a nonattainment or
maintenance area described in paragraph (4)(A)
for--
(i) purchasing or leasing clean fuel
buses, including buses that employ a
lightweight composite primary
structure;
(ii) constructing or leasing clean
fuel buses or electrical recharging
facilities and related equipment for
such buses; or
(iii) improving existing public
transportation facilities to
accommodate clean fuel buses; and
(B) at the discretion of the Secretary, may
include a project located in a nonattainment or
maintenance area described in paragraph (3)(A)
relating to clean fuel, biodiesel, hybrid
electric, or zero emissions technology buses
that exhibit equivalent or superior emissions
reductions to existing clean fuel or hybrid
electric technologies.
(3) Maintenance area.--The term ``maintenance area''
has the meaning such term has under section 101 of
title 23.
(4) Recipient.--
(A) In general.--The term ``recipient'' means
a designated recipient (as defined in section
5307(a)(2)) for an area that, and a recipient
for an urbanized area with a population of less
than 200,000 that--
(i) is designated as a nonattainment
area for ozone or carbon monoxide under
section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)); or
(ii) is a maintenance area for ozone
or carbon monoxide.
(B) Smaller urbanized areas.--In the case of
an urbanized area with a population of less
than 200,000, the State in which the area is
located shall act as the recipient for the area
under this section.
(b) Authority.--The Secretary shall make grants in accordance
with this section to recipients to finance eligible projects.
(c) Apportionment of Funds.--
(1) Formula.--The Secretary shall apportion among
recipients amounts made available to carry out this
section for a fiscal year. Of such amounts--
(A) two-thirds shall be apportioned to
recipients serving urbanized areas with a
population of at least 1,000,000, of which--
(i) 50 percent shall be apportioned
so that each such recipient receives a
grant under this section in an amount
equal to the ratio that--
(I) the number of vehicles in
the bus fleet of the recipient,
weighted by severity of
nonattainment for the area
served by the recipient; bears
to
(II) the total number of
vehicles in the bus fleets of
all such recipients, weighted
by severity of nonattainment
for all areas served by such
recipients; and
(ii) 50 percent shall be apportioned
so that each such recipient receives a
grant under this section in an amount
equal to the ratio that--
(I) the number of bus
passenger miles (as defined in
section 5336(c)) of the
recipient, weighted by severity
of nonattainment of the area
served by the recipient; bears
to
(II) the total number of bus
passenger miles (as defined in
section 5336(c)) of all such
recipients, weighted by
severity of nonattainment of
all areas served by such
recipients; and
(B) one-third shall be apportioned to
recipients serving urbanized areas with a
population of less than 1,000,000, of which--
(i) 50 percent shall be apportioned
so that each such recipient receives a
grant under this section in an amount
equal to the ratio that--
(I) the number of vehicles in
the bus fleet of the recipient,
weighted by severity of
nonattainment for the area
served by the recipient; bears
to
(II) the total number of
vehicles in the bus fleets of
all such recipients, weighted
by severity of nonattainment
for all areas served by such
recipients; and
(ii) 50 percent shall be apportioned
so that each such recipient receives a
grant under this section in an amount
equal to the ratio that--
(I) the number of bus
passenger miles (as defined in
section 5336(c)) of the
recipient, weighted by severity
of nonattainment of the area
served by the recipient; bears
to
(II) the total number of bus
passenger miles (as defined in
section 5336(c)) of all such
recipients, weighted by
severity of nonattainment of
all areas served by such
recipients.
(2) Weighting of severity of nonattainment.--
(A) In general.--For purposes of paragraph
(1), subject to subparagraph (B), the number of
buses in the bus fleet, or the number of
passenger miles, shall be multiplied by a
factor of--
(i) 1.0 if, at the time of the
apportionment, the area is a
maintenance area for ozone or carbon
monoxide;
(ii) 1.1 if, at the time of the
apportionment, the area is classified
as a marginal ozone nonattainment area
under subpart 2 of part D of title I of
the Clean Air Act (42 U.S.C. 7511 et
seq.);
(iii) 1.2 if, at the time of the
apportionment, the area is classified
as--
(I) a moderate ozone
nonattainment area under
subpart 2 of such part; or
(II) a moderate carbon
monoxide nonattainment area
under subpart 3 of such part;
(iv) 1.3 if, at the time of the
apportionment, the area is classified
as a serious ozone nonattainment area
under subpart 2 of such part; or
(v) 1.4 if, at the time of the
apportionment, the area is classified
as a severe ozone nonattainment area
under subpart 2 of such part; or
(vi) 1.5 if, at the time of the
apportionment, the area is classified
as an extreme ozone nonattainment area
under subpart 2 of such part.
(B) Additional adjustment for carbon monoxide
areas.--If, in addition to being classified as
a nonattainment or maintenance area for ozone
under subpart 2 of such part, the area was also
classified under subpart 3 of such part as a
nonattainment area for carbon monoxide, the
weighted nonattainment or maintenance area
fleet and passenger miles for the recipient, as
calculated under subparagraph (A), shall be
further multiplied by a factor of 1.2.
(d) Clean Diesel Buses.--Not more than 35 percent of the
amount made available by or appropriated under section 5338 in
each fiscal year to carry out this section may be made
available to fund clean diesel buses.
(e) Grant Requirements.--
(1) In general.--A grant under this section shall be
subject to the requirements of section 5307.
(2) Government's share of costs for certain
projects.--Section 5323(i) applies to projects carried
out under this section.
(f) Availability of Funds.--Any amount made available or
appropriated under this section--
(1) shall remain available to a project for 1 year
after the fiscal year for which the amount is made
available or appropriated; and
(2) that remains unobligated at the end of the period
described in paragraph (1) shall be added to the amount
made available in the following fiscal year.
[Sec. 5309. Capital investment grants and loans]
Sec. 5309. Capital investment grants
(a) General Authority.--(1) The Secretary of Transportation
may make grants [and loans] under this section to assist State
and local governmental authorities in financing--
(A) capital projects for new fixed guideway systems,
and extensions to existing fixed guideway systems,
including the acquisition of real property, the initial
acquisition of rolling stock for the systems,
alternatives analysis related to the development of the
systems, and the acquisition of rights of way, and
relocation, for fixed guideway corridor development for
projects in the advanced stages of alternatives
analysis or preliminary engineering;
(B) capital projects, including property and
improvements (except public highways other than fixed
guideway facilities), needed for an efficient and
coordinated [mass] public transportation system;
(C) the capital costs of coordinating [mass] public
transportation with other transportation;
(D) the introduction of new technology, through
innovative and improved products, into [mass] public
transportation;
(E) capital projects to modernize existing fixed
guideway systems;
(F) capital projects to replace, rehabilitate, and
purchase buses and related equipment and to construct
bus-related facilities;
(G) [mass] public transportation projects planned,
designed, and carried out to meet the special needs of
elderly individuals and individuals with disabilities;
and
(H) the development of corridors to support fixed
guideway systems, including protecting rights of way
through acquisition, construction of dedicated bus and
high occupancy vehicle lanes and park and ride lots,
and other nonvehicular capital improvements that the
Secretary may decide would result in increased [mass]
public transportation usage in the corridor.
(2) The Secretary of Transportation shall require that all
grants [and loans] under this subsection be subject to all
terms, conditions, requirements, and provisions the Secretary
decides are necessary or appropriate for the purposes of this
section, including requirements for the disposition of net
increases in value of real property resulting from the project
assisted under this section.
[(b) Loans for Real Property Interests.--(1) The Secretary of
Transportation may make loans under this section to State and
local governmental authorities to acquire interests in real
property for use on urban mass transportation systems as rights
of way, station sites, and related purposes, including
reconstruction, renovation, the net cost of property
management, and relocation payments made under section 5324(a)
of this title.
[(2) The Secretary of Transportation may make a loan under
paragraph (1) of this subsection for an approved project only
after finding that the property reasonably is expected to be
required for a mass transportation system and that it will be
used for that system within a reasonable time.
[(3) An applicant for a loan under this subsection shall
provide a copy of the application to the planning agency for
the community affected by the project at the same time the
application is submitted to the Secretary of Transportation. If
the planning agency submits comments to the Secretary not later
than 30 days after the application is submitted, or, if the
agency requests more time within those 30 days, within a period
the Secretary establishes, the Secretary shall consider those
comments before taking final action on the application.
[(4) A loan agreement under this subsection shall provide
that a capital project on the property will be started not
later than 10 years after the fiscal year in which the
agreement is made. If an interest in property acquired under
this subsection is not used for the purpose for which it was
acquired, an appraisal of the current value of the property or
interest shall be made when a decision is made about the use.
The decision shall be made within the 10-year period. Two-
thirds of the increase in value shall be paid to the Secretary
of Transportation for deposit in the Treasury as miscellaneous
receipts.
[(5) A loan under this subsection must be repaid not later
than 10 years after the date of the loan agreement or on the
date a grant agreement for a capital project on the property is
made, whichever is earlier. Payments made to repay the loan
shall be deposited in the Treasury as miscellaneous receipts.
[(c) [Reserved.]]
[(d)] (b) Project as Part of Approved Program of Projects.--
[Except as provided in subsections (b)(2) and (e) of this
section, the] The Secretary of Transportation may approve a
grant [or loan] for a project under this section only after
finding that the project is part of the approved program of
projects required under sections 5303-5306 of this title and
that an applicant--
(1) * * *
* * * * * * *
[(e) Criteria for Grants and Loans for Fixed Guideway
Systems.--
[(1) In general.--The Secretary may approve a grant
or loan under this section for a capital project for a
new fixed guideway system or extension of an existing
fixed guideway system only if the Secretary determines
that the proposed project is--
[(A) based on the results of an alternatives
analysis and preliminary engineering;
[(B) justified based on a comprehensive
review of its mobility improvements,
environmental benefits, cost effectiveness, and
operating efficiencies; and
[(C) supported by an acceptable degree of
local financial commitment, including evidence
of stable and dependable financing sources to
construct, maintain, and operate the system or
extension.
[(2) Alternatives analysis and preliminary
engineering.--In evaluating a project under paragraph
(1)(A), the Secretary shall analyze and consider the
results of the alternatives analysis and preliminary
engineering for the project.
[(3) Project justification.--In evaluating a project
under paragraph (1)(B), the Secretary shall--
[(A) consider the direct and indirect costs
of relevant alternatives;
[(B) consider factors such as congestion
relief, improved mobility, air pollution, noise
pollution, energy consumption, and all
associated ancillary and mitigation costs
necessary to carry out each alternative
analyzed, and recognize reductions in local
infrastructure costs achieved through compact
land use development;
[(C) identify and consider mass
transportation supportive existing land use
policies and future patterns, and the cost of
suburban sprawl;
[(D) consider the degree to which the project
increases the mobility of the mass
transportation dependent population or promotes
economic development;
[(E) consider population density and current
transit ridership in the corridor;
[(F) consider the technical capability of the
grant recipient to construct the project;
[(G) adjust the project justification to
reflect differences in local land,
construction, and operating costs; and
[(H) consider other factors that the
Secretary determines appropriate to carry out
this chapter.
[(4) Local financial commitment.--
[(A) Evaluation of project.--In evaluating a
project under paragraph (1)(C), the Secretary
shall require that--
[(i) the proposed project plan
provides for the availability of
contingency amounts that the Secretary
determines to be reasonable to cover
unanticipated cost increases;
[(ii) each proposed local source of
capital and operating financing is
stable, reliable, and available within
the proposed project timetable; and
[(iii) local resources are available
to operate the overall proposed mass
transportation system (including
essential feeder bus and other services
necessary to achieve the projected
ridership levels) without requiring a
reduction in existing mass
transportation services to operate the
proposed project.
[(B) Considerations.--In assessing the
stability, reliability, and availability of
proposed sources of local financing under
subparagraph (A), the Secretary shall
consider--
[(i) existing grant commitments;
[(ii) the degree to which financing
sources are dedicated to the purposes
proposed;
[(iii) any debt obligation that
exists or is proposed by the recipient
for the proposed project or other mass
transportation purpose; and
[(iv) the extent to which the project
has a local financial commitment that
exceeds the required non-Federal share
of the cost of the project.
[(5) Regulations.--Not later than 120 days after the
date of enactment of the Federal Transit Act of 1998,
the Secretary shall issue regulations on the manner in
which the Secretary will evaluate and rate the projects
based on the results of alternatives analysis, project
justification, and the degree of local financial
commitment, as required under this subsection.
[(6) Project evaluation and rating.--A proposed
project may advance from alternatives analysis to
preliminary engineering, and may advance from
preliminary engineering to final design and
construction, only if the Secretary finds that the
project meets the requirements of this section and
there is a reasonable likelihood that the project will
continue to meet such requirements. In making such
findings, the Secretary shall evaluate and rate the
project as ``highly recommended'', ``recommended'', or
``not recommended'', based on the results of
alternatives analysis, the project justification
criteria, and the degree of local financial commitment,
as required under this subsection. In rating the
projects, the Secretary shall provide, in addition to
the overall project rating, individual ratings for each
of the criteria established under the regulations
issued under paragraph (5).
[(7) Full funding grant agreement.--A project
financed under this subsection shall be carried out
through a full funding grant agreement. The Secretary
shall enter into a full funding grant agreement based
on the evaluations and ratings required under this
subsection. The Secretary shall not enter into a full
funding grant agreement for a project unless that
project is authorized for final design and
construction.
[(8) Limitations on applicability.--
[(A) Projects with a section 5309 federal
share of less than $25,000,000.--A project for
a new fixed guideway system or extension of an
existing fixed guideway system is not subject
to the requirements of this subsection, and the
simultaneous evaluation of similar projects in
at least 2 corridors in a metropolitan area may
not be limited, if the assistance provided
under this section with respect to the project
is less than $25,000,000.
[(B) Projects in nonattainment areas.--The
simultaneous evaluation of projects in at least
2 corridors in a metropolitan area may not be
limited and the Secretary shall make decisions
under this subsection with expedited procedures
that will promote carrying out an approved
State Implementation Plan in a timely way if a
project is--
[(i) located in a nonattainment area;
[(ii) a transportation control
measure (as defined by the Clean Air
Act (42 U.S.C. 7401 et seq.)); and
[(iii) required to carry out the
State Implementation Plan.
[(C) Projects financed with highway funds.--
This subsection does not apply to a part of a
project financed completely with amounts made
available from the Highway Trust Fund (other
than the Mass Transit Account).
[(D) Previously issued letter of intent or
full funding grant agreement.--This subsection
does not apply to projects for which the
Secretary has issued a letter of intent or
entered into a full funding grant agreement
before the date of enactment of the Federal
Transit Act of 1998.
[(f) [Reserved.]
[(g) Letters of Intent, Full Funding Grant Agreements, and
Early Systems Work Agreements.--(1)(A) The Secretary of
Transportation may issue a letter of intent to an applicant
announcing an intention to obligate, for a project under this
section, an amount from future available budget authority
specified in law that is not more than the amount stipulated as
the financial participation of the Secretary in the project.
The amount shall be sufficient to complete at least an operable
segment when a letter is issued for a fixed guideway project.
[(B) At least 60 days before issuing a letter under
subparagraph (A) of this paragraph or entering into a full
funding grant agreement, the Secretary of Transportation shall
notify in writing the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the House and Senate Committees on Appropriations of the
proposed letter or agreement. The Secretary shall include with
the notification a copy of the proposed letter or agreement as
well as the evaluations and ratings for the project.
[(C) The issuance of a letter is deemed not to be an
obligation under sections 1108(c) and (d), 1501, and 1502(a) of
title 31 or an administrative commitment.
[(D) An obligation or administrative commitment may be made
only when amounts are appropriated.
[(2)(A) The Secretary of Transportation may make a full
funding grant agreement with an applicant. The agreement
shall--
[(i) establish the terms of participation by the
United States Government in a project under this
section;
[(ii) establish the maximum amount of Government
financial assistance for the project;
[(iii) cover the period of time for completing the
project, including a period extending beyond the period
of an authorization; and
[(iv) make timely and efficient management of the
project easier according to the law of the United
States.
[(B) An agreement under this paragraph obligates an amount of
available budget authority specified in law and may include a
commitment, contingent on amounts to be specified in law in
advance for commitments under this paragraph, to obligate an
additional amount from future available budget authority
specified in law. The agreement shall state that the contingent
commitment is not an obligation of the Government. Interest and
other financing costs of efficiently carrying out a part of the
project within a reasonable time are a cost of carrying out the
project under a full funding grant agreement, except that
eligible costs may not be more than the cost of the most
favorable financing terms reasonably available for the project
at the time of borrowing. The applicant shall certify, in a way
satisfactory to the Secretary of Transportation, that the
applicant has shown reasonable diligence in seeking the most
favorable financing terms. The amount stipulated in an
agreement under this paragraph for a fixed guideway project
shall be sufficient to complete at least an operable segment.
[(3)(A) The Secretary of Transportation may make an early
systems work agreement with an applicant if a record of
decision under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) has been issued on the project and the
Secretary finds there is reason to believe--
[(i) a full funding grant agreement for the project
will be made; and
[(ii) the terms of the work agreement will promote
ultimate completion of the project more rapidly and at
less cost.
[(B) A work agreement under this paragraph obligates an
amount of available budget authority specified in law and shall
provide for reimbursement of preliminary costs of carrying out
the project, including land acquisition, timely procurement of
system elements for which specifications are decided, and other
activities the Secretary of Transportation decides are
appropriate to make efficient, long-term project management
easier. A work agreement shall cover the period of time the
Secretary considers appropriate. The period may extend beyond
the period of current authorization. Interest and other
financing costs of efficiently carrying out the work agreement
within a reasonable time are a cost of carrying out the
agreement, except that eligible costs may not be more than the
cost of the most favorable financing terms reasonably available
for the project at the time of borrowing. The applicant shall
certify, in a way satisfactory to the Secretary, that the
applicant has shown reasonable diligence in seeking the most
favorable financing terms. If an applicant does not carry out
the project for reasons within the control of the applicant,
the applicant shall repay all Government payments made under
the work agreement plus reasonable interest and penalty charges
the Secretary establishes in the agreement.
[(4)(A) The total estimated amount of future obligations of
the Government and contingent commitments to incur obligations
covered by all outstanding letters of intent, full funding
grant agreements, and early systems work agreements may be not
more than the greater of the amount authorized under section
5338(b) of this title for new fixed guideway systems and
extensions to existing fixed guideway systems and the amount
appropriated under section 5338(h)(5) or an amount equivalent
to the last 2 fiscal years of funding authorized under section
5338(b) for new fixed guideway systems and extensions to
existing fixed guideway systems, less an amount the Secretary
of Transportation reasonably estimates is necessary for grants
under this section not covered by a letter. The total amount
covered by new letters and contingent commitments included in
full funding grant agreements and early systems work agreements
may be not more than a limitation specified in law.
[(B) For fiscal year 2001 and thereafter, the amount
equivalent to the last 2 fiscal years of funding
authorized under section 5338(b) for new fixed guideway
systems and extensions to existing fixed guideway
systems referred to in subparagraph (A) shall be the
amount equivalent to the last 3 fiscal years of such
authorized funding.
[(C) Any increase in the total estimated amount of
future obligations of the Government and contingent
commitments to incur obligations covered by all
outstanding letters of intent, full funding grant
agreements, and early systems work agreements as a
result of application of subparagraph (B) instead of
subparagraph (A) shall be available as follows:
[(1) $269,100,000 for the Chicago, Illinois
Metra commuter rail project, that consists of
the following elements: the Kane County
extension; the North Central double-tracking
project; and the Southwest corridor extension.
[(2) $565,600,000 for the Chicago Transit
Authority project that consists of the
following elements: Ravenswood Branch station
and line improvements and the Douglas Branch
reconstruction project.
[(3) For new fixed guideways and extensions
to existing fixed guideway systems other than
for projects referred to in paragraphs (1) and
(2); except that for fiscal year 2001, such
increase under this paragraph shall not be
available for allocation by the department or
for making future obligations of the Government
and contingent commitments until April 1, 2001.
[(D) Of the amount that would be available under
subparagraph (A) if subparagraph (B) were not in effect
and would have otherwise been allocated by the Federal
Transit Administration to those projects referred to in
subparagraphs (C)(1) and (C)(2) shall be available as
follows:
[(1) $60,000,000 for the Minneapolis Hiawatha
corridor light rail project, which shall be in
addition to amounts otherwise allocated under
subparagraph (A), for a total of $334,300,000.
[(2) $217,800,000 for the Dulles corridor bus
rapid transit project, that consists of a rail
extension from the West Falls Church metrorail
station to Tysons Corner, Virginia and bus
rapid transit from Tysons Corner to the Dulles
International Airport.
[(E) Any amount that would be available under
subparagraph (A) if subparagraph (B) were not in effect
and would have otherwise been allocated by the Federal
Transit Administration to those projects referred to in
subparagraphs (C)(1) and (C)(2), shall not be available
for allocation by the department or for making future
obligations of the Government and contingent
commitments until April 1, 2001, except for those
projects referred to in subparagraph (D)(1) and (D)(2).
[(F) Future obligations of the Government and
contingent commitments made against the contingent
commitment authority under section 3032(g)(2) of the
Intermodal Surface Transportation Efficiency Act of
1991 for the San Francisco BART to the Airport project
for fiscal years 2002, 2003, 2004, 2005 and 2006 shall
be charged against section 3032(g)(2) of the Intermodal
Surface Transportation Efficiency Act of 1991.
[(G) Any amount that would be available under
subparagraph (A) if subparagraph (F) were not in effect
and would otherwise have been allocated by the Federal
Transit Administration to the project in subparagraph
(F) shall not be available for allocation by the
department or for making future obligations of the
Government and contingent commitments until April 1,
2001.
[(h) Government's Share of Net Project Cost.--Based on
engineering studies, studies of economic feasibility, and
information on the expected use of equipment or facilities, the
Secretary of Transportation shall estimate the net project
cost. A grant for the project is for 80 percent of the net
project cost, unless the grant recipient requests a lower grant
percentage. The remainder shall be provided in cash from a
source other than amounts of the Government. Transit system
amounts that make up the remainder must be from an
undistributed cash surplus, a replacement or depreciation cash
fund or reserve, or new capital. The remainder for a planned
extension to a fixed guideway system may include the cost of
rolling stock previously purchased if the applicant satisfies
the Secretary that only amounts other than amounts of the
Government were used and that the purchase was made for use on
the extension. A refund or reduction of the remainder may be
made only if a refund of a proportional amount of the grant of
the Government is made at the same time.
[(i) Loan Term Requirements.--Except for a loan under
subsection (b) of this section, a loan, including a renewal or
extension of the loan, may be made, and a security or
obligation may be bought, only if it has a maturity date of not
more than 40 years. Interest on a loan may not be less than--
[(1) a rate the Secretary of the Treasury
establishes, considering the current average yield on
outstanding marketable obligations of the Government
that have remaining periods of maturity comparable to
the average maturity of the loan, adjusted to the
nearest .125 percent; plus
[(2) an allowance the Secretary of Transportation
considers adequate to cover administrative costs and
probable losses.
[(j) Loan Payment Forgiveness.--A grant agreement for a
capital project may forgive repaying the loan and interest in
place of a cash grant for the amount forgiven. The amount is
part of the grant and part of the contribution of the
Government to the cost of the project.
[(k) Limitation on Making Loans and Grants for Projects.--The
Secretary of Transportation may not make a loan under this
section for a project for which a grant (except a relocation
payment grant) is made under this section. However, the
Secretary may make a project grant even though real property
for the project has been or will be acquired through a loan
under subsection (b) of this section.
[(l) Fiscal Capacity Considerations.--If the Secretary of
Transportation gives priority consideration to financing
projects that include more than the non-Government share
required under subsection (h) of this section, the Secretary
shall give equal consideration to differences in the fiscal
capacity of State and local governments.
[(m) Allocating Amounts.--
[(1) In general.--Of the amounts made available by or
appropriated under section 5338(b) for grants and loans
under this section for each of fiscal years 1998
through 2003 and for the period of October 1, 2003,
through April 30, 2004--
[(A) 40 percent shall be available for fixed
guideway modernization, except for the period
beginning on October 1, 2003, and ending on
April 30, 2004, during which $699,642,775 will
be available;
[(B) 40 percent shall be available for
capital projects for new fixed guideway systems
and extensions to existing fixed guideway
systems, except for the period beginning on
October 1, 2003, and ending on April 30, 2004,
during which $767,657,109 will be available;
and
[(C) 20 percent shall be available to
replace, rehabilitate, and purchase buses and
related equipment and to construct bus-related
facilities, except for the period beginning on
October 1, 2003 and ending on April 30, 2004,
during which $352,110,220 will be available.
[(2) New fixed guideway grants.--
[(A) Limitation on amounts available for
activities other than final design and
construction.--Not more than 8 percent of the
amounts made available in each fiscal year by
paragraph (1)(B) shall be available for
activities other than final design and
construction.
[(B) Funding for ferry boat systems.--
[(i) Amounts under (1)(b).--Of the
amounts made available under paragraph
(1)(B), $10,400,000 shall be available
in each of fiscal years 1999 through
2003 for capital projects in Alaska or
Hawaii, for new fixed guideway systems
and extensions to existing fixed
guideway systems that are ferry boats
or ferry terminal facilities, or that
are approaches to ferry terminal
facilities.
[(ii) Amounts under 5338(h)(5).--Of
the amounts appropriated under section
5338(h)(5), $3,600,000 shall be
available in each of fiscal years 1999
through 2003 for capital projects in
Alaska or Hawaii, for new fixed
guideway systems and extensions to
existing fixed guideway systems that
are ferry boats or ferry terminal
facilities, or that are approaches to
ferry terminal facilities.
[(iii) October 1, 2003 through april
30, 2004.--Of the amounts made
available under paragraph (1)(B),
$6,066,667 shall be available for the
period beginning on October 1, 2003,
and ending on April 30, 2004, for
capital projects described in clause
(i).
[(3) Bus and bus facility grants.--
[(A) Consideration.--In making grants under
paragraph (1)(C), the Secretary shall consider
the age of buses, bus fleets, related
equipment, and bus-related facilities.
[(B) Funding for bus testing facility.--Of
the amounts made available under paragraph
(1)(C), $3,000,000 shall be available in each
of fiscal years 1998 through 2003 (and
$1,750,000 shall be available for the period
October 1, 2003, through April 30, 2004) to
carry out section 5318.
[(C) Funding for clean fuels.--Of the amounts
made available under paragraph (1)(C),
$50,000,000 shall be available in each of
fiscal years 1999 through 2003 (and $20,833,334
shall be available for the period October 1,
2003, through February 29, 2004) to carry out
section 5308.
[(D) Other than urbanized areas.--Of amounts
made available by paragraph (1)(C), not less
than 5.5 percent shall be available in each
fiscal year for other than urbanized areas.
[(4) Eligibility for assistance for multiple
projects.--A person applying for or receiving
assistance for a project described in subparagraph (A),
(B), or (C) of paragraph (1) may receive assistance for
a project described in any other of such subparagraphs.
[(n) Undertaking Projects in Advance.--(1) The Secretary of
Transportation may pay the Government's share of the net
project cost to a State or local governmental authority that
carries out any part of a project described in this section or
a substitute transit project described in section 103(e)(4) of
title 23 without the aid of amounts of the Government and
according to all applicable procedures and requirements if--
[(A) the State or local governmental authority
applies for the payment;
[(B) the Secretary approves the payment; and
[(C) before carrying out the part of the project, the
Secretary approves the plans and specifications for the
part in the same way as other projects under this
section or section 103(e)(4) of title 23.
[(2) The cost of carrying out part of a project includes the
amount of interest earned and payable on bonds issued by the
State or local governmental authority to the extent proceeds of
the bonds are expended in carrying out the part. However, the
amount of interest under this paragraph may not be more than
the most favorable interest terms reasonably available for the
project at the time of borrowing. The applicant shall certify,
in a manner satisfactory to the Secretary of Transportation,
that the applicant has shown reasonable diligence in seeking
the most favorable financial terms.
[(3) The Secretary of Transportation shall consider changes
in capital project cost indices when determining the estimated
cost under paragraph (2) of this subsection.
[(o) Use of Deobligated Amounts.--An amount available under
this section that is deobligated may be used for any purpose
under this section.
[(o) Reports.--
[(1) Funding levels and allocations of funds for
fixed guideway systems.--
[(A) Annual report.--Not later than the first
Monday in February of each year, the Secretary
shall submit to the Committee on Transportation
and Infrastructure of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a
report that includes a proposal on the
allocation of amounts to be made available to
finance grants and loans for capital projects
for new fixed guideway systems and extensions
to existing fixed guideway systems among
applicants for those amounts.
[(B) Recommendations on funding.--The annual
report under this paragraph shall include
evaluations and ratings, as required under
subsection (e), for each project that is
authorized or has received funds under this
section since the date of enactment of the
Federal Transit Act of 1998 or October 1 of the
preceding fiscal year, whichever date is
earlier. The report shall also include
recommendations of projects for funding based
on the evaluations and ratings and on existing
commitments and anticipated funding levels for
the next 3 fiscal years and for the next 10
fiscal years based on information currently
available to the Secretary.
[(2) Supplemental report on new starts.--The
Secretary shall submit a report to Congress on the 31st
day of August of each year that describes the
Secretary's evaluation and rating of each project that
has completed alternatives analysis or preliminary
engineering since the date of the last report. The
report shall include all relevant information that
supports the evaluation and rating of each project,
including a summary of each project's financial plan.
[(3) Annual gao review.--The General Accounting
Office shall--
[(A) conduct an annual review of--
[(i) the processes and procedures for
evaluating and rating projects and
recommending projects; and
[(ii) the Secretary's implementation
of such processes and procedures; and
[(B) shall report to Congress on the results
of such review by April 30 of each year.
[(p) Project Defined.--In this section, the term ``project''
means, with respect to a new fixed guideway system or extension
to an existing fixed guideway system, a minimum operable
segment of the project.]
(c) Major Capital Investment Grants of $75,000,000 or More.--
(1) Full funding grant agreement.--A major new fixed
guideway capital project financed under this subsection
shall be carried out through a full funding grant
agreement. The Secretary shall enter into a full
funding grant agreement based on the evaluations and
ratings required under this subsection. The Secretary
shall not enter into a full funding grant agreement for
a project unless that project is authorized for final
design and construction.
(2) Approval of grants.--The Secretary may approve a
grant under this section for a major new fixed guideway
capital project only if the Secretary, based upon
evaluations and considerations set forth in paragraph
(3), determines that the proposal is--
(A) based on the results of an alternatives
analysis and preliminary engineering;
(B) justified based on a comprehensive review
of its mobility improvements, environmental
benefits, cost effectiveness, operating
efficiencies, transit supportive policies, and
existing land use; and
(C) supported by an acceptable degree of
local financial commitment (including evidence
of stable and dependable financing sources) to
construct, maintain, and operate the system or
extension.
(3) Considerations.--
(A) Results of alternatives analysis and
preliminary engineering.--In evaluating a
proposed project for purposes of making the
finding required by paragraph (2)(A), the
Secretary shall analyze and consider the
results of the alternatives analysis and
preliminary engineering for the project.
(B) Project justification.--In evaluating a
proposed project for purposes of making the
finding required by paragraph (2)(B), the
Secretary shall--
(i) consider the direct and indirect
costs of relevant alternatives;
(ii) consider factors such as
congestion relief, improved mobility,
air pollution, noise pollution, energy
consumption, and all associated
ancillary and mitigation costs
necessary to carry out each alternative
analyzed and recognize reductions in
local infrastructure costs achieved
through compact land use development;
(iii) identify and consider public
transportation supportive existing land
use policies and future patterns and
the cost of suburban sprawl;
(iv) consider the degree to which the
project increases the mobility of the
public transportation dependent
population or promotes economic
development;
(v) consider population density and
current transit ridership in the
corridor;
(vi) consider the technical
capability of the grant recipient to
construct the project;
(vii) adjust the project
justification to reflect differences in
local land, construction, and operating
costs; and
(viii) consider other factors that
the Secretary determines appropriate to
carry out this chapter.
(C) Local financial commitment.--In
evaluating a proposed project under paragraph
(2)(C), the Secretary shall require that--
(i) the proposed project plan
provides for the availability of
contingency amounts that the Secretary
determines to be reasonable to cover
unanticipated cost increases;
(ii) each proposed local source of
capital and operating financing is
stable, reliable, and available within
the proposed project timetable; and
(iii) local resources are available
to operate the overall proposed public
transportation system (including
essential feeder bus and other services
necessary to achieve the projected
ridership levels) without requiring a
reduction in existing public
transportation services to operate the
proposed project.
(D) Assessment of local financing.--In
assessing the stability, reliability, and
availability of proposed sources of local
financing under paragraph (2)(C), the Secretary
shall consider--
(i) existing grant commitments;
(ii) the degree to which financing
sources are dedicated to the purposes
proposed;
(iii) any debt obligation that exists
or is proposed by the recipient for the
proposed project or other public
transportation purpose; and
(iv) the extent to which the project
has a local financial commitment that
exceeds the required non-Federal share
of the cost of the project.
(4) Evaluation and rating of projects.--A proposed
project under this subsection may advance from
alternatives analysis to preliminary engineering, and
may advance from preliminary engineering to final
design and construction, only if the Secretary finds
that the project meets the requirements of this section
and there is a reasonable likelihood that the project
will continue to meet such requirements. In making the
findings, the Secretary shall evaluate and rate the
project as ``highly recommended'', ``recommended'', or
``not recommended'' based on the results of
alternatives analysis, the project justification
criteria, and the degree of local financial commitment,
as required under this subsection. In rating the
projects, the Secretary shall provide, in addition to
the overall project rating, individual ratings for each
of the criteria established by regulation.
(5) Major defined.--In this section, the term
``major'', as used with respect to a new fixed guideway
capital project, means the Federal assistance provided
or to be provided under this section for the project is
$75,000,000 or more.
(d) Capital Investment Grants Less Than $75,000,000.--
(1) In general.--Subject to the provisions of this
subsection, if the Federal assistance provided or to be
provided under this section with respect to a new fixed
guideway capital project is less than $75,000,000, and
not less than $25,000,000, the project shall be subject
to the requirements in this subsection.
(2) Selection criteria.--The Secretary may provide
Federal assistance under this subsection with respect
to a proposed project only if the Secretary finds that
the project is--
(A) based on the results of planning and
alternatives analysis;
(B) justified based on a review of its public
transportation supportive land use policies,
cost effectiveness, and effect on local
economic development; and
(C) supported by an acceptable degree of
local financial commitment.
(3) Planning and alternatives.--In evaluating a
project under paragraph (2)(A), the Secretary shall
analyze and consider the results of planning and
alternatives analysis for the project.
(4) Project justification.--For purposes of making
the finding under paragraph (2)(B), the Secretary
shall--
(A) determine the degree to which the project
is consistent with local land use policies and
is likely to achieve local developmental goals;
(B) determine the cost effectiveness of the
project at the time of the initiation of
revenue service;
(C) determine the degree to which the project
will have a positive effect on local economic
development;
(D) consider the reliability of the forecasts
of costs and ridership associated with the
project; and
(E) consider other factors that the Secretary
determines appropriate to carry out this
subsection.
(5) Local financial commitment.--For purposes of
paragraph (2)(C), the Secretary shall require that each
proposed local source of capital and operating
financing is stable, reliable, and available within the
proposed project timetable.
(6) Advancement of project to development and
construction.--
(A) General rule.--A proposed project under
this subsection may advance from planning and
alternatives analysis to project development
and construction only if--
(i) the Secretary finds that the
project meets the requirements of this
subsection and there is a reasonable
likelihood that the project will
continue to meet such requirements; and
(ii) the metropolitan planning
organization has adopted the locally
preferred alternative for the project
into the long-range transportation
plan.
(B) Evaluation.--In making the findings under
subparagraph (A), the Secretary shall evaluate
and rate the project as ``recommended'' or
``not recommended'' based on the results of the
analysis of the project justification criteria
and the degree of local financial commitment,
as required by this subsection.
(7) Contents of project construction grant
agreement.--A project construction grant agreement
under this subsection shall specify the scope of the
project to be constructed, the estimated net project
cost of the project, the schedule under which the
project shall be constructed, the maximum amount of
funding to be obtained under this subsection, the
proposed schedule for obligation of future Federal
grants, and the sources of funding from other than the
Government. The agreement may include a commitment on
the part of the Secretary to provide funding for the
project in future fiscal years.
(8) Limitation on entry into construction grant
agreement.--The Secretary may enter into a project
construction grant agreement for a project under this
subsection only if the project is authorized for
construction and has been rated as ``recommended''
under this subsection.
(9) Regulations.--Not later than 120 days after the
date of enactment of the Federal Public Transportation
Act of 2004, the Secretary shall issue regulations
establishing an evaluation and rating process for
proposed projects under this subsection that is based
on the results of project justification and local
financial commitment, as required under this
subsection.
(10) Fixed guideway capital project.--In this
subsection, the term ``fixed guideway capital project''
includes a corridor-based public transportation bus
capital project if the majority of the project's
corridor right-of-way is dedicated alignment for
exclusive use by public transportation vehicles for all
or part of the day.
(e) Previously Issued Letter of Intent or Full Funding Grant
Agreement.--Subsections (c) and (d) do not apply to projects
for which the Secretary has issued a letter of intent or
entered into a full funding grant agreement before the date of
enactment of the Federal Public Transportation Act of 2004.
(f) Letters of Intent, Full Funding Grant Agreements, and
Early Systems Work Agreements.--
(1) Letters of intent.--
(A) Amounts intended to be obligated.--The
Secretary may issue a letter of intent to an
applicant announcing an intention to obligate,
for a capital project under this section, an
amount from future available budget authority
specified in law that is not more than the
amount stipulated as the financial
participation of the Secretary in the project.
When a letter is issued for fixed guideway
projects, the amount shall be sufficient to
complete at least an operable segment.
(B) Treatment.--The issuance of a letter
under subparagraph (A) is deemed not to be an
obligation under sections 1108(c), 1108(d),
1501, and 1502(a) of title 31 or an
administrative commitment.
(2) Full funding grant agreements.--
(A) Terms.--The Secretary may make a full
funding grant agreement with an applicant. The
agreement shall--
(i) establish the terms of
participation by the Government in a
project under this section;
(ii) establish the maximum amount of
Government financial assistance for the
project;
(iii) cover the period of time for
completing the project, including a
period extending beyond the period of
an authorization; and
(iv) make timely and efficient
management of the project easier
according to the law of the United
States.
(B) Special financial rules.--
(i) In general.--An agreement under
this paragraph obligates an amount of
available budget authority specified in
law and may include a commitment,
contingent on amounts to be specified
in law in advance for commitments under
this paragraph, to obligate an
additional amount from future available
budget authority specified in law.
(ii) Statement of contingent
commitment.--The agreement shall state
that the contingent commitment is not
an obligation of the Government.
(iii) Interest and other financing
costs.--Interest and other financing
costs of efficiently carrying out a
part of the project within a reasonable
time are a cost of carrying out the
project under a full funding grant
agreement, except that eligible costs
may not be more than the cost of the
most favorable financing terms
reasonably available for the project at
the time of borrowing. The applicant
shall certify, in a way satisfactory to
the Secretary, that the applicant has
shown reasonable diligence in seeking
the most favorable financing terms.
(iv) Completion of operable
segment.--The amount stipulated in an
agreement under this paragraph for a
fixed guideway project shall be
sufficient to complete at least an
operable segment.
(3) Early system work agreements.--
(A) Conditions.--The Secretary may make an
early systems work agreement with an applicant
if a record of decision under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) has been issued on the project
and the Secretary finds there is reason to
believe--
(i) a full funding grant agreement
for the project will be made; and
(ii) the terms of the work agreement
will promote ultimate completion of the
project more rapidly and at less cost.
(B) Contents.--
(i) In general.--A work agreement
under this paragraph obligates an
amount of available budget authority
specified in law and shall provide for
reimbursement of preliminary costs of
carrying out the project, including
land acquisition, timely procurement of
system elements for which
specifications are decided, and other
activities the Secretary decides are
appropriate to make efficient, long-
term project management easier.
(ii) Period covered.--A work
agreement under this paragraph shall
cover the period of time the Secretary
considers appropriate. The period may
extend beyond the period of current
authorization.
(iii) Interest and other financing
costs.--Interest and other financing
costs of efficiently carrying out the
work agreement within a reasonable time
are a cost of carrying out the
agreement, except that eligible costs
may not be more than the cost of the
most favorable financing terms
reasonably available for the project at
the time of borrowing. The applicant
shall certify, in a way satisfactory to
the Secretary, that the applicant has
shown reasonable diligence in seeking
the most favorable financing terms.
(iv) Failure to carry out project.--
If an applicant does not carry out the
project for reasons within the control
of the applicant, the applicant shall
repay all Government payments made
under the work agreement plus
reasonable interest and penalty charges
the Secretary establishes in the
agreement.
(4) Limitation on amounts.--
(A) Major capital investment grants
contingent commitment authority.--The total
estimated amount of future obligations of the
Government and contingent commitments to incur
obligations covered by all outstanding letters
of intent, full funding grant agreements, and
early systems work agreements under this
subsection for major new fixed guideway capital
projects may be not more than the greater of
the amount authorized under sections 5338(b)
and 5338(h)(1) for such projects or an amount
equivalent to the last 3 fiscal years of
funding allocated under subsections (m)(1)(B)
and (m)(2)(B)(ii) for such projects, less an
amount the Secretary reasonably estimates is
necessary for grants under this section for
those of such projects that are not covered by
a letter or agreement. The total amount covered
by new letters and contingent commitments
included in full funding grant agreements and
early systems work agreements for such projects
may be not more than a limitation specified in
law.
(B) Other contingent commitment authority.--
The total estimated amount of future
obligations of the Government and contingent
commitments to incur obligations covered by all
project construction grant agreements and early
system work agreements under this subsection
for small capital projects described in
subsection (d) may be not more than the greater
of the amount allocated under subsection
(m)(2)(A) for such projects or an amount
equivalent to the last fiscal year of funding
allocated under subsection (m)(2)(A) for such
projects, less an amount the Secretary
reasonably estimates is necessary for grants
under this section for those of such projects
that are not covered by an agreement. The total
amount covered by new contingent commitments
included in project construction grant
agreements and early systems work agreements
for such projects may be not more than a
limitation specified in law.
(C) Inclusion of certain commitments.--Future
obligations of the Government and contingent
commitments made against the contingent
commitment authority under section 3032(g)(2)
of the Intermodal Surface Transportation
Efficiency Act of 1991 (106 Stat. 2125) for the
San Francisco BART to the Airport project for
fiscal years 2002, 2003, 2004, 2005, and 2006
shall be charged against section 3032(g)(2) of
that Act.
(D) Appropriation required.--An obligation
may be made under this subsection only when
amounts are appropriated for the obligation.
(5) Notification of congress.--At least 60 days
before issuing a letter of intent or entering into a
full funding grant agreement or project construction
grant agreement under this section, the Secretary shall
notify, in writing, the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate of the proposed letter or agreement. The
Secretary shall include with the notification a copy of
the proposed letter or agreement as well as the
evaluations and ratings for the project.
(g) Government's Share of Net Project Cost.--
(1) Federal share.--Based on engineering studies,
studies of economic feasibility, and information on the
expected use of equipment or facilities, the Secretary
shall estimate the net project cost. A grant for the
project shall be for 80 percent of the net capital
project cost, unless the grant recipient requests a
lower grant percentage.
(2) Remainder of net project cost.--The remainder of
net project costs shall be provided from an
undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new capital.
(3) Limitation on statutory construction.--Nothing in
this section, including paragraph (1) and subsections
(c)(3)(D)(iv) and (c)(4), shall be construed as
authorizing the Secretary to require a non-Federal
financial commitment for a project that is more than 20
percent of the net capital project cost.
(4) Special rule for rolling stock costs.--In
addition to amounts allowed pursuant to paragraph (1),
a planned extension to a fixed guideway system may
include the cost of rolling stock previously purchased
if the applicant satisfies the Secretary that only
amounts other than amounts of the Government were used
and that the purchase was made for use on the
extension. A refund or reduction of the remainder may
be made only if a refund of a proportional amount of
the grant of the Government is made at the same time.
(5) Limitation on applicability.--This subsection
does not apply to projects for which the Secretary has
entered into a full funding grant agreement before the
date of enactment of the Federal Public Transportation
Act of 2004.
(h) Fiscal Capacity Considerations.--If the Secretary gives
priority consideration to financing projects that include more
than the non-Government share required under subsection (g),
the Secretary shall give equal consideration to differences in
the fiscal capacity of State and local governments.
(i) Reports on New Starts.--
(1) Annual dot report.--Not later than the first
Monday in February of each year, the Secretary shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report that includes--
(A) a proposal of allocations of amounts to
be available to finance grants for new fixed
guideway capital projects among applicants for
these amounts;
(B) evaluations and ratings, as required
under subsection (c), for each such project
that is authorized by the Federal Public
Transportation Act of 2004; and
(C) recommendations of such projects for
funding based on the evaluations and ratings
and on existing commitments and anticipated
funding levels for the next 3 fiscal years and
for the next 10 fiscal years based on
information currently available to the
Secretary.
(2) Annual gao review.--The Comptroller General
shall--
(A) conduct an annual review of--
(i) the processes and procedures for
evaluating, rating, and recommending
new fixed guideway capital projects;
and
(ii) the Secretary's implementation
of such processes and procedures; and
(B) report to Congress on the results of such
review by May 31 of each year.
(j) Undertaking Projects in Advance.--
(1) In general.--The Secretary may pay the
Government's share of the net capital project cost to a
State or local governmental authority that carries out
any part of a project described in this section without
the aid of amounts of the Government and according to
all applicable procedures and requirements if--
(A) the State or local governmental authority
applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out the part of the
project, the Secretary approves the plans and
specifications for the part in the same way as
other projects under this section.
(2) Financing costs.--
(A) In general.--The cost of carrying out
part of a project includes the amount of
interest earned and payable on bonds issued by
the State or local governmental authority to
the extent proceeds of the bonds are expended
in carrying out the part.
(B) Limitation on amount of interest.--The
amount of interest under this paragraph may not
be more than the most favorable interest terms
reasonably available for the project at the
time of borrowing.
(C) Certification.--The applicant shall
certify, in a manner satisfactory to the
Secretary, that the applicant has shown
reasonable diligence in seeking the most
favorable financial terms.
(3) Capital project cost indices.--The Secretary
shall consider changes in capital project cost indices
when determining the estimated cost under paragraph
(2).
(k) Bus and Bus Facilities Projects.--
(1) Considerations.--In making grants under
subsections (m)(1)(C) and (m)(2)(B)(iii), the Secretary
shall consider the age of buses, bus fleets, related
equipment, and bus-related facilities.
(2) Fuel cell bus program.--Of the amounts made
available under subsections (m)(1)(C) and
(m)(2)(B)(iii) for a fiscal year, the following amounts
shall be set aside for the national fuel cell bus
technology development program under section 3039 of
the Federal Public Transportation Act of 2004:
(A) $4,849,950 for fiscal year 2004.
(B) $10,000,000 for fiscal year 2005.
(C) $11,000,000 for fiscal year 2006.
(D) $12,000,000 for fiscal year 2007.
(E) $13,000,000 for fiscal year 2008.
(F) $14,000,000 for fiscal year 2009.
(l) Availability of Amounts.--An amount made available or
appropriated under section 5338(b), 5338(g), or 5338(h) for
replacement, rehabilitation, and purchase of buses and related
equipment and construction of bus-related facilities or for new
fixed guideway capital projects shall remain available for 3
fiscal years, including the fiscal year in which the amount is
made available or appropriated. Any of such amounts that are
unobligated at the end of the 3-fiscal-year period shall be
deobligated and may be used by the Secretary for any purpose
under this section.
(m) Allocating Amounts.--
(1) Fiscal year 2004.--Of the amounts made available
by or appropriated under section 5338(b), $85,000,000
shall be allocated to new fixed guideway capital
projects under subsection (d). Remaining amounts shall
be allocated as follows:
(A) 40 percent for fixed guideway
modernization;
(B) 40 percent for major new fixed guideway
capital projects; and
(C) 20 percent to replace, rehabilitate, and
purchase buses and related equipment and to
construct bus-related facilities.
(2) Fiscal years 2005-2009.--The total amount of
funds made available by section 5338(g), and
appropriated under section 5338(h), for each of fiscal
years 2005 through 2009 shall be allocated in the
fiscal year as follows:
(A) Small capital projects.--From funds
appropriated under section 5338(h) for new
fixed guideway capital projects described in
subsection (d)--
(i) $135,000,000 in fiscal year 2005;
(ii) $175,000,000 in fiscal year
2006;
(iii) $200,000,000 in fiscal year
2007;
(iv) $200,000,000 in fiscal year
2008; and
(v) $225,000,000 in fiscal year 2009.
(B) Remainder.--After the allocation under
subparagraph (A), the remainder of such total
amount shall be allocated as follows:
(i) 40 percent for fixed guideway
modernization, to be derived from funds
made available under section 5338(g).
(ii) 40 percent for major new fixed
capital guideway projects, to be
derived from funds appropriated under
section 5338(h).
(iii) 20 percent to replace,
rehabilitate, and purchase buses and
related equipment and to construct bus-
related facilities, to be derived from
funds made available under section
5338(g).
(3) Funding for ferry boat systems.--Of the amounts
made available under paragraphs (1)(B) and (2)(B)(ii),
$10,400,000 shall be available in each of fiscal years
2004 through 2009 for new fixed guideway capital
projects in Alaska or Hawaii that are for ferry boats
or ferry terminal facilities or that are for approaches
to ferry terminal facilities.
(n) New Fixed Guideway Capital Project Defined.--In this
section, the term ``new fixed guideway capital project'' means
a minimum operable segment of a capital project for a new fixed
guideway system or extension to an existing fixed guideway
system.
[Sec. 5310. Formula grants and loans for special needs of elderly
individuals and individuals with disabilities
[(a) General Authority.--The Secretary of Transportation may
make grants and loans to--
[(1) State and local governmental authorities to help
them provide mass transportation service planned,
designed, and carried out to meet the special needs of
elderly individuals and individuals with disabilities;
and
[(2) the chief executive officer of each State for
allocation to--
[(A) private nonprofit corporations and
associations to help them provide that
transportation service when the transportation
service provided under clause (1) of this
subsection is unavailable, insufficient, or
inappropriate; or
[(B) governmental authorities--
[(i) approved by the State to
coordinate services for elderly
individuals and individuals with
disabilities; or
[(ii) that certify to the chief
executive officer that no nonprofit
corporation or association readily is
available in an area to provide service
under this subsection.
[(b) Apportioning and Transferring Amounts.--The Secretary
shall apportion amounts made available under section 5338(a) of
this title under a formula the Secretary administers that
considers the number of elderly individuals and individuals
with disabilities in each State. Any State's apportionment
remaining available for obligation at the beginning of the 90-
day period before the end of the period of availability of the
apportionment is available to the chief executive officer of
the State for transfer to supplement amounts apportioned to the
State under section 5311(c) or 5336(a)(1) of this title.
[(c) State Program of Projects.--Amounts made available for
this section may be used for transportation projects to assist
in providing transportation services for elderly individuals
and individuals with disabilities that are included in a State
program of projects. A program shall be submitted annually to
the Secretary for approval and shall contain an assurance that
the program provides for maximum feasible coordination of
transportation services assisted under this section with
transportation services assisted by other United States
Government sources.
[(d) Eligible Capital Expenses.--A recipient of amounts under
this section may include acquiring transportation services as
an eligible capital expense.
[(e) Application of Section 5309.--(1) A grant or loan under
subsection (a)(1) of this section is subject to all
requirements of a grant or loan under section 5309 of this
title, and is deemed to have been made under section 5309.
[(2) A grant or loan under subsection (a)(2) of this section
is subject to requirements similar to those under paragraph (1)
of this subsection to the extent the Secretary considers
appropriate.
[(f) Minimum Requirements and Procedures for Recipients.--In
carrying out section 5301(d) of this title, section 165(b) of
the Federal-Aid Highway Act of 1973 (Public Law 93-87, 87 Stat.
282), and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) (consistent with Government-wide standards to carry
out section 504), the Secretary shall prescribe regulations
establishing minimum criteria a recipient of Government
financial assistance under this chapter or a law referred to in
section 165(b) shall comply with in providing mass
transportation service to elderly individuals and individuals
with disabilities and procedures for the Secretary to monitor
compliance with the criteria. The regulations shall include
provisions for ensuring that organizations and groups
representing elderly individuals and individuals with
disabilities are given adequate notice of, and an opportunity
to comment on, the proposed activity of a recipient to achieve
compliance with the regulations.
[(g) Leasing Vehicles.--The Secretary shall prescribe
guidelines allowing vehicles bought under this section to be
leased to local governmental authorities to improve
transportation services designed to meet the special needs of
elderly individuals and individuals with disabilities.]
Sec. 5310. Formula grants for special needs of elderly individuals and
individuals with disabilities
(a) General Authority.--
(1) Grants.--The Secretary may make grants to States
and local governmental authorities under this section
for public transportation capital projects, and
operating costs associated with public transportation
capital projects, planned, designed, and carried out to
meet the special needs of elderly individuals and
individuals with disabilities.
(2) Subrecipients.--A State that receives a grant
under this section may allocate the amounts of the
grant to--
(A) a private nonprofit organization if the
public transportation service provided under
paragraph (1) is unavailable, insufficient, or
inappropriate; or
(B) a governmental authority that--
(i) is approved by the State to
coordinate services for elderly
individuals and individuals with
disabilities; or
(ii) certifies that there are not any
nonprofit organizations readily
available in the area to provide the
services described under paragraph (1).
(3) Acquiring public transportation services.--A
public transportation capital project under this
section may include acquisition of public
transportation services as an eligible capital expense.
(4) Administrative expenses.--A State or local
governmental authority may use not more than 10 percent
of the amounts apportioned to the State under this
section to administer, plan, and provide technical
assistance for a project funded under this section.
(b) Apportionment and Transfers.--
(1) Apportionment.--
(A) Formula.--The Secretary shall apportion
amounts made available to carry out this
section under a formula the Secretary
administers that considers the number of
elderly individuals and individuals with
disabilities in each State.
(B) Low density adjustment.--In administering
the apportionment formula under subparagraph
(A)--
(i) in the case of a State with a
population density of 10 or fewer
persons per square mile, the Secretary
shall multiply by a factor of 2 the
number of elderly individuals and
individuals with disabilities in the
State (as determined using the most
recent decennial United States Census);
and
(ii) in the case of a State with a
population density of more than 10 but
equal to or fewer than 30 persons per
square mile, the Secretary shall
multiply by a factor of 1.25 the number
of elderly individuals and individuals
with disabilities in the State (as
determined using the most recent
decennial United States Census).
(2) Transfers.--Any State's apportionment remaining
available for obligation at the beginning of the 90-day
period before the end of the period of availability of
the apportionment is available to the State for
transfer to supplement amounts apportioned to the State
under section 5311(c) or 5336(a)(1), or both. Any funds
transferred pursuant to this paragraph shall be made
available only for eligible projects as described in
this section.
(c) Government's Share of Costs.--
(1) Capital projects.--A grant for a capital project
under this section shall be for 80 percent of the net
capital costs of the project, as determined by the
Secretary; except that in the case of a State described
in section 120(b)(1) of title 23, such percentage shall
be increased in accordance with such section.
(2) Operating assistance.--A grant made under this
section for operating assistance may not exceed 50
percent of the net operating costs of the project, as
determined by the Secretary.
(3) Remainder.--The remainder of the net project
costs--
(A) may be provided from an undistributed
cash surplus, a replacement or depreciation
cash fund or reserve, a service agreement with
a State or local social service agency or a
private social service organization, or new
capital; and
(B) may be derived from amounts appropriated
to or made available to a department or agency
of the Government (other than the Department of
Transportation) that are eligible to be
expended for transportation.
(4) Use of certain funds.--For purposes of paragraph
(3)(B), the prohibitions on the use of funds for
matching requirements under section 403(a)(5)(C)(vii)
of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) shall not apply to Federal or State
funds to be used for transportation purposes.
(d) Grant Requirements.--
(1) In general.--A grant under this section shall be
subject to all requirements of a grant under section
5307. A grant to a subrecipient under this section
shall be subject to such requirements to the extent the
Secretary considers appropriate.
(2) Coordination with nonprofit providers.--A
recipient that transfers funds to an apportionment
under section 5336(a)(1) pursuant to subsection (b)(2)
shall certify that the project for which the funds are
requested under this section has been coordinated with
nonprofit providers of services.
(3) Project selection and planning.--A recipient of
funds under this section shall certify that--
(A) the projects selected were derived from a
locally developed, coordinated public transit-
human services transportation plan; and
(B) the plan was developed through a process
that included representatives of public,
private, and nonprofit transportation and human
services providers and participation by the
public.
(4) Fair and equitable distribution.--A recipient of
a grant under this section shall certify that
allocations of the grant to subrecipients are
distributed on a fair and equitable basis.
(e) State Program.--
(1) In general.--Amounts made available to carry out
this section may be used for transportation projects to
assist in providing transportation services for elderly
individuals and individuals with disabilities that are
included in a State program of projects.
(2) Submission and approval.--A program shall be
submitted annually to the Secretary for approval and
shall contain an assurance that the program provides
for maximum feasible coordination of transportation
services assisted under this section with
transportation services assisted by other Government
sources.
(f) Leasing Vehicles.--Vehicles acquired under this section
may be leased to local governmental authorities to improve
transportation services designed to meet the special needs of
elderly individuals and individuals with disabilities.
[(h)] (g) Meal Delivery Service to Homebound Individuals.--
[Mass] Public transportation service providers receiving
assistance under this section or section 5311(c) of this title
may coordinate and assist in regularly providing meal delivery
service for homebound individuals if the delivery service does
not conflict with providing [mass] public transportation
service or reduce service to [mass] public transportation
passengers.
[(i)] (h) Transfer of Facilities and Equipment.--With the
consent of the recipient currently having a facility or
equipment acquired with assistance under this section, a State
may transfer the facility or equipment to any recipient
eligible to receive assistance under this chapter if the
facility or equipment will continue to be used as required
under this section.
[(j)] (i) Fares Not Required.--This chapter does not require
that elderly individuals and individuals with disabilities be
charged a fare.
Sec. 5311. Formula grants for other than urbanized areas
[(a) Definition.--In this section, ``recipient'' includes a
State authority, a local governmental authority, a nonprofit
organization, and an operator of mass transportation service.
[(b) General Authority.--(1) The Secretary of Transportation
may make grants for transportation projects that are included
in a State program of mass transportation service projects
(including service agreements with private providers of mass
transportation service) for areas other than urbanized areas.
The program shall be submitted annually to the Secretary. The
Secretary may approve the program only if the Secretary finds
that the program provides a fair distribution of amounts in the
State, including Indian reservations, and the maximum feasible
coordination of mass transportation service assisted under this
section with transportation service assisted by other United
States Government sources.
[(2) The Secretary of Transportation shall carry out a rural
transportation assistance program in nonurbanized areas. In
carrying out this paragraph, the Secretary may make grants and
contracts for transportation research, technical assistance,
training, and related support services in nonurbanized areas.
[(c) Apportioning Amounts.--The Secretary of Transportation
shall apportion amounts made available under section 5338(a) of
this title so that the chief executive officer of each State
receives an amount equal to the total amount apportioned
multiplied by a ratio equal to the population of areas other
than urbanized areas in a State divided by the population of
all areas other than urbanized areas in the United States, as
shown by the most recent of the following: the latest
Government census, the population estimate the Secretary of
Commerce prepares after the 4th year after the date the latest
census is published, or the population estimate the Secretary
of Commerce prepares after the 8th year after the date the
latest census is published. The amount may be obligated by the
chief executive officer for 2 years after the fiscal year in
which the amount is apportioned. An amount that is not
obligated at the end of that period shall be reapportioned
among the States for the next fiscal year.]
(a) Definitions.--In this section, the following definitions
apply:
(1) Recipient.--The term ``recipient'' means a State
that receives a Federal transit program grant directly
from the Government.
(2) Subrecipient.--The term ``subrecipient'' means a
State or local governmental authority, nonprofit
organization, or operator of public transportation
services that receives a Federal transit program grant
indirectly through a recipient.
(b) General Authority.--
(1) Grants.--Except as provided in paragraph (2), the
Secretary may make grants to other than urbanized areas
under this section for the following:
(A) Public transportation capital projects.
(B) Operating costs of equipment and
facilities for use in public transportation.
(C) Acquisition of public transportation
services, including service agreements with
private providers of public transportation
services.
(2) State program.--
(A) In general.--Amounts made available to
carry out this section shall be used for
projects included in a State program for public
transportation projects, including service
agreements with private providers of public
transportation.
(B) Submission.--The program shall be
submitted annually to the Secretary for
approval.
(C) Approval.--The Secretary may approve the
program only if the Secretary finds that the
program provides a fair distribution of amounts
in the State, including Indian reservations,
and the maximum feasible coordination of public
transportation service assisted under this
section with transportation service assisted by
other Federal sources.
(3) Rural transportation assistance program.--
(A) In general.--The Secretary shall carry
out a rural transportation assistance program
in other than urbanized areas.
(B) Grants and contracts.--In carrying out
this paragraph, the Secretary may use not more
than 2 percent of the amount made available to
carry out this section to make grants and
contracts for transportation research,
technical assistance, training, and related
support services in other than urbanized areas.
(C) Projects of a national scope.--Not more
than 15 percent of the amounts available under
subparagraph (B) may be used by the Secretary
to carry out projects of a national scope, with
the remaining balance provided to the States.
(c) Apportionments.--
(1) In general.--The Secretary shall apportion
amounts made available to carry out this section among
the States in the ratio that--
(A) the population of other than urbanized
areas in each State, as shown by the most
recent Government decennial census of
population; bears to
(B) the population of all other than
urbanized areas in the United States, as shown
by that census.
(2) Low density adjustment.--In administering the
apportionment formula under paragraph (1)--
(A) in the case of a State with a population
density of 10 or fewer persons per square mile
in other than urbanized areas of the State, the
Secretary shall multiply by a factor of 1.5 the
population of such other than urbanized areas
(as determined using the most recent decennial
United States Census); and
(B) in the case of a State with a population
density of more than 10 but equal to or fewer
than 12 persons per square mile in other than
urbanized areas of the State, the Secretary
shall multiply by a factor of 1.25 the
population of such other than urbanized areas
(as determined using the most recent decennial
United States Census).
(3) Availability.--The amount apportioned to a State
under this subsection may be obligated by the State for
2 fiscal years after the fiscal year in which the
amount is apportioned. An amount that is not obligated
at the end of that period shall be reapportioned among
the States for the next fiscal year.
* * * * * * *
(e) Use for Administration, Planning, and Technical
Assistance.--[(1)] The Secretary of Transportation may allow a
State to use not more than 15 percent of the amount apportioned
under this section to administer this section and provide
technical assistance to a [recipient] subrecipient, including
project planning, program and management development,
coordination of [mass] public transportation programs, and
research the State considers appropriate to promote effective
delivery of [mass] public transportation to an area other than
an urbanized area.
[(2) Except as provided in this section, a State carrying out
a program of operating assistance under this section may not
limit the level or extent of use of the Government grant for
the payment of operating expenses.]
(f) Intercity Bus Transportation.--(1) A State shall expend
at least 15 percent of the amount made available in each fiscal
year [after September 30, 1993,] to carry out a program to
develop and support intercity bus transportation. Eligible
activities under the program include--
(A) * * *
* * * * * * *
(E) coordinating rural connections between small
[mass] public transportation operations and intercity
bus carriers.
(2) [A State] After consultation with affected intercity bus
service providers, a State does not have to comply with
paragraph (1) of this subsection in a fiscal year in which the
chief executive officer of the State certifies to the Secretary
of Transportation that the intercity bus service needs of the
State are being met adequately.
[(g) Government's Share of Costs.--(1) In this subsection,
``amounts of the Government or revenues'' do not include
amounts received under a service agreement with a State or
local social service agency or a private social service
organization.
[(2) A grant of the Government for a capital project under
this section may not be more than 80 percent of the net cost of
the project, as determined by the Secretary of Transportation.
A grant to pay a subsidy for operating expenses may not be more
than 50 percent of the net cost of the operating expense
project. At least 50 percent of the remainder shall be provided
in cash from sources other than amounts of the Government or
revenues from providing mass transportation. Transit system
amounts that make up the remainder shall be from an
undistributed cash surplus, a replacement or depreciation cash
fund or reserve, or new capital.
[(h) Amounts for Operating Assistance.--An amount made
available under this section may be used for operating
assistance.]
(g) Government's Share of Costs.--
(1) Capital projects.--A grant for a capital project
under this section shall be for 80 percent of the net
capital costs of the project, as determined by the
Secretary; except that in the case of a State described
in section 120(b)(1) of title 23, such percentage shall
be increased in accordance with such section.
(2) Operating assistance.--A grant made under this
section for operating assistance may not exceed 50
percent of the net operating costs of the project, as
determined by the Secretary.
(3) Remainder.--The remainder of net project costs--
(A) may be provided from an undistributed
cash surplus, a replacement or depreciation
cash fund or reserve, a service agreement with
a State or local social service agency or a
private social service organization, or new
capital; and
(B) may be derived from amounts appropriated
to or made available to a department or agency
of the Government (other than the Department of
Transportation) that are eligible to be
expended for transportation.
(4) Use of certain funds.--For purposes of paragraph
(3)(B), the prohibitions on the use of funds for
matching requirements under section 403(a)(5)(C)(vii)
of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) shall not apply to Federal or State
funds to be used for transportation purposes.
(5) Limitation on operating assistance.--A State
carrying out a program of operating assistance under
this section may not limit the level or extent of use
of the Government grant for the payment of operating
expenses.
[(i)] (h) Transfer of Facilities and Equipment.--With the
consent of the recipient currently having a facility or
equipment acquired with assistance under this section, a State
may transfer the facility or equipment to any recipient
eligible to receive assistance under this chapter if the
facility or equipment will continue to be used as required
under this section.
[(j)] (i) Relationship to Other Laws.--(1) Sections
5323(a)(1)(D) and 5333(b) of this title apply to this section
but the Secretary of Labor may waive the application of section
5333(b).
* * * * * * *
[Sec. 5312. Research, development, demonstration, and training
projects]
Sec. 5312. Research, development, demonstration, and deployment
projects
(a) Research, Development, and Demonstration Projects.--The
Secretary of Transportation [(or the Secretary of Housing and
Urban Development when required by section 5334(i) of this
title)] may undertake, or make grants [or contracts],
contracts, cooperative agreements, or other transactions
(including agreements with departments, agencies, and
instrumentalities of the United States Government) for,
research, development, [and demonstration projects],
demonstration or deployment projects, or evaluation of
technology of national significance related to [urban mass]
public transportation that the Secretary decides will [help
reduce urban transportation needs, improve mass transportation
service,] improve transportation service or help [mass] public
transportation service meet the total [urban] transportation
needs at a minimum cost. The Secretary may request and receive
appropriate information from any source. This subsection does
not limit the authority of the Secretary under another law.
[(b) Research, Investigations, and Training.--(1) The
Secretary of Transportation (or the Secretary of Housing and
Urban Development when required by section 5334(i) of this
title) may make grants to nonprofit institutions of higher
learning--
[(A) to conduct competent research and investigations
into the theoretical or practical problems of urban
transportation; and
[(B) to train individuals to conduct further research
or obtain employment in an organization that plans,
builds, operates, or manages an urban transportation
system.
[(2) Research and investigations under this subsection
include--
[(A) the design and use of urban mass transportation
systems and urban roads and highways;
[(B) the interrelationship between various modes of
urban and interurban transportation;
[(C) the role of transportation planning in overall
urban planning;
[(D) public preferences in transportation;
[(E) the economic allocation of transportation
resources; and
[(F) the legal, financial, engineering, and esthetic
aspects of urban transportation.
[(3) When making a grant under this subsection, the
appropriate Secretary shall give preference to an institution
that brings together knowledge and expertise in the various
social science and technical disciplines related to urban
transportation problems.
[(c) Training Fellowships and Innovative Techniques and
Methods.--(1) The Secretary of Transportation may make grants
to States, local governmental authorities, and operators of
mass transportation systems to provide fellowships to train
personnel employed in managerial, technical, and professional
positions in the mass transportation field.
[(2) The Secretary of Transportation may make grants to State
and local governmental authorities for projects that will use
innovative techniques and methods in managing and providing
mass transportation.
[(3) A fellowship under this subsection may be for not more
than one year of training in an institution that offers a
program applicable to the mass transportation industry. The
recipient of the grant shall select an individual on the basis
of demonstrated ability and for the contribution the individual
reasonably can be expected to make to an efficient mass
transportation operation. A grant for a fellowship may not be
more than the lesser of $24,000 or 75 percent of--
[(A) tuition and other charges to the fellowship
recipient;
[(B) additional costs incurred by the training
institution and billed to the grant recipient; and
[(C) the regular salary of the fellowship recipient
for the period of the fellowship to the extent the
salary is actually paid or reimbursed by the grant
recipient.]
[(d)] (b) Joint Partnership Program for Deployment of
Innovation.--
(1) Definition of consortium.--In this subsection,
the term ``consortium''--
(A) means 1 or more public or private
organizations located in the United States that
provide [mass] public transportation service to
the public and 1 or more businesses, including
small- and medium-sized businesses,
incorporated in a State, offering goods or
services or willing to offer goods and services
to [mass] public transportation operators; and
(B) may include, as additional members,
public or private research organizations
located in the United States, or State or local
governmental authorities.
(2) General authority.--The Secretary may, under
terms and conditions that the Secretary prescribes,
enter into grants, contracts, cooperative agreements,
and [other agreements] other transactions with
consortia selected in accordance with paragraph (4), to
promote the early deployment of innovation in [mass]
public transportation services, management, operational
practices, or technology that has broad applicability.
This paragraph shall be carried out in consultation
with the transit industry by competitively selected
consortia that will share costs, risks, and rewards of
early deployment of innovation.
* * * * * * *
[(e)] (c) International Mass Transportation Program.--
(1) Activities.--The Secretary is authorized to
engage in activities to inform the United States
domestic [mass] public transportation community about
technological innovations available in the
international marketplace and activities that may
afford domestic businesses the opportunity to become
globally competitive in the export of [mass] public
transportation products and services. Such activities
may include--
(A) development, monitoring, assessment, and
dissemination domestically of information about
worldwide [mass] public transportation market
opportunities;
(B) cooperation with foreign public sector
entities in research, development,
demonstration, training, and other forms of
technology transfer and exchange of experts and
information;
(C) advocacy, in international [mass] public
transportation markets, of firms, products, and
services available from the United States;
(D) informing the international market about
the technical quality of [mass] public
transportation products and services through
participation in seminars, expositions, and
similar activities; and
(E) offering those Federal Transit
Administration technical services which cannot
be readily obtained from the United States
private sector to foreign public authorities
planning or undertaking [mass] public
transportation projects if the cost of these
services will be recovered under the terms of
each project.
(2) Cooperation.--The Secretary may carry out
activities under this subsection in cooperation with
other Federal agencies, State or local agencies,
[public and] public or private nonprofit institutions,
government laboratories, foreign governments, or any
other organization the Secretary determines is
appropriate.
* * * * * * *
[Sec. 5313. State planning and research programs]
Sec. 5313. Cooperative research program
(a) Cooperative Research Program.--[(1) The amounts made
available under paragraphs (1) and (2)(C)(ii) of section
5338(d) of this title] The amounts made available under
paragraphs (1)(C)(iv) and (2)(C) of section 5338(d) are
available for a [mass] public transportation cooperative
research program. The Secretary of Transportation shall
establish an independent governing board for the program. The
board shall recommend [mass] public transportation research,
development, and technology transfer activities the Secretary
considers appropriate.
[(2) The] (b) Federal Assistance.--The Secretary may make
grants to, and cooperative agreements with, the National
Academy of Sciences to carry out activities under this
subsection that the Secretary decides are appropriate.
[(b) State Planning and Research.--(1) The amounts made
available under paragraphs (1) and (2)(C)(ii) of section
5338(c) of this title shall be apportioned to States for grants
and contracts consistent with the purposes of sections 5303-
5306, 5312, 5315, 5317, and 5322 of this title. The amounts
shall be apportioned so that each State receives an amount
equal to the population in urbanized areas in the State,
divided by the population in urbanized areas in all States, as
shown by the latest available decennial census. However, a
State must receive at least .5 percent of the amount
apportioned under this subsection.
[(2) A State, as the State considers appropriate, may
authorize part of the amount made available under this
subsection to be used to supplement amounts available under
subsection (a) of this section.
[(3) An amount apportioned under this subsection--
[(A) remains available for 3 years after the fiscal
year in which the amount is apportioned; and
[(B) that is unobligated at the end of the 3-year
period shall be reapportioned among the States for the
next fiscal year.]
(c) Government's Share.--When there would be a clear and
direct financial benefit to an entity under a grant or contract
financed under [subsection (a) of] this section, the Secretary
shall establish a United States Government share consistent
with the benefit.
[Sec. 5314. National planning and research programs]
Sec. 5314. National research and technology programs
(a) Program.--(1) The amounts made available under
[subsections (d) and (h)(7) of section 5338 of this title]
section 5338(d) are available to the Secretary of
Transportation for grants [and contracts], contracts,
cooperative agreements, or other transactions for the purposes
of sections [5303-5306,] 5312, 5315, [5317,] and 5322 of this
title, as the Secretary considers appropriate.
(2) [Of the amounts made available under paragraph (1) of
this subsection, the Secretary shall make available at least
$3,000,000 to] The Secretary shall provide [mass] public
transportation-related technical assistance, demonstration
programs, research, public education, and other activities the
Secretary considers appropriate to help [mass] public
transportation providers comply with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). To the
extent practicable, the Secretary shall carry out this
paragraph through a contract with a national nonprofit
organization serving individuals with disabilities that has a
demonstrated capacity to carry out the activities.
* * * * * * *
(4)(A) The Secretary may undertake a program of [mass] public
transportation technology development in coordination with
affected entities.
[(B) The Secretary shall establish an Industry Technical
Panel composed of representatives of transportation suppliers
and operators and others involved in technology development. A
majority of the Panel members shall represent the supply
industry. The Panel shall assist the Secretary in identifying
priority technology development areas and in establishing
guidelines for project development, project cost sharing, and
project execution.]
[(C)] (B) The Secretary shall develop guidelines for cost
sharing in technology development projects financed under this
paragraph. The guidelines shall be flexible and reflect the
extent of technical risk, market risk, and anticipated supplier
benefits and payback periods.
* * * * * * *
(b) Government's Share.--When there would be a clear and
direct financial benefit to an entity under a grant [or
contract financed under subsection (a) of this section,],
contract, cooperative agreement, or other transaction under
subsection (a) or section 5312, the Secretary shall establish a
United States Government share consistent with the benefit.
Sec. 5315. National transit institute
(a) Establishment and Duties.--The Secretary of
Transportation shall make grants to Rutgers University to
establish a national transit institute. In cooperation with the
Federal Transit Administration, State transportation
departments, public [mass] transportation authorities, and
national and international entities, the institute shall
develop and conduct training programs of instruction for United
States Government, State, and local transportation employees,
United States citizens, and foreign nationals engaged or to be
engaged in Government-aid mass transportation work. The
programs may include courses in recent developments,
techniques, and procedures related to--
(1) * * *
* * * * * * *
(d) Availability of Amounts.--Not more than .5 percent of the
amounts made available for a fiscal year beginning after
September 30, 1991, to a State or public [mass] transportation
authority in the State to carry out sections 5307 and 5309 of
this title is available for expenditure by the State and public
[mass] transportation authorities in the State, with the
approval of the Secretary, to pay not more than 80 percent of
the cost of tuition and direct educational expenses related to
educating and training State and local transportation employees
under this section.
Sec. 5316. Job access and reverse commute formula grants
(a) Definitions.--In this section, the following definitions
apply:
(1) Access to jobs project.--The term ``access to
jobs project'' means a project relating to the
development and maintenance of transportation services
designed to transport welfare recipients and eligible
low-income individuals to and from jobs and activities
related to their employment, including--
(A) transportation projects to finance
planning, capital, and operating costs of
providing access to jobs under this chapter;
(B) promoting public transportation by low-
income workers, including the use of public
transportation by workers with nontraditional
work schedules;
(C) promoting the use of transit vouchers for
welfare recipients and eligible low-income
individuals; and
(D) promoting the use of employer-provided
transportation, including the transit pass
benefit program under section 132 of the
Internal Revenue Code of 1986.
(2) Eligible low-income individual.--The term
``eligible low-income individual'' means an individual
whose family income is at or below 150 percent of the
poverty line (as that term is defined in section 673(2)
of the Community Services Block Grant Act (42 U.S.C.
9902(2)), including any revision required by that
section) for a family of the size involved.
(3) Recipient.--The term ``recipient'' means a
designated recipient (as defined in section 5307(a)(2))
and a State that receives a grant under this section
directly.
(4) Reverse commute project.--The term ``reverse
commute project'' means a public transportation project
designed to transport residents of urbanized areas and
other than urbanized areas to suburban employment
opportunities, including any projects to--
(A) subsidize the costs associated with
adding reverse commute bus, train, carpool, van
routes, or service from urbanized areas and
other than urbanized areas to suburban
workplaces;
(B) subsidize the purchase or lease by a
nonprofit organization or public agency of a
van or bus dedicated to shuttling employees
from their residences to a suburban workplace;
or
(C) otherwise facilitate the provision of
public transportation services to suburban
employment opportunities.
(5) Subrecipient.--The term ``subrecipient'' means a
State or local governmental authority, nonprofit
organization, or operator of public transportation
services that receives a grant under this section
indirectly through a recipient.
(6) Welfare recipient.--The term ``welfare
recipient'' means an individual who has received
assistance under a State or tribal program funded under
part A of title IV of the Social Security Act at any
time during the 3-year period before the date on which
the applicant applies for a grant under this section.
(b) General Authority.--
(1) Grants.--The Secretary may make grants under this
section to a recipient for access to jobs and reverse
commute projects carried out by the recipient or a
subrecipient.
(2) Administrative expenses.--A recipient may use not
more than 10 percent of the amounts apportioned to the
recipient under this section to administer, plan, and
provide technical assistance for a project funded under
this section.
(c) Apportionments.--
(1) Formula.--The Secretary shall apportion amounts
made available to carry out this section as follows:
(A) 60 percent of the funds shall be
apportioned among designated recipients (as
defined in section 5307(a)(2)) for urbanized
areas with a population of 200,000 or more in
the ratio that--
(i) the number of eligible low-income
individuals and welfare recipients in
each such urbanized area; bears to
(ii) the number of eligible low-
income individuals and welfare
recipients in all such urbanized areas.
(B) 20 percent of the funds shall be
apportioned among the States in the ratio
that--
(i) the number of eligible low-income
individuals and welfare recipients in
urbanized areas with a population of
less than 200,000 in each State; bears
to
(ii) the number of eligible low-
income individuals and welfare
recipients in urbanized areas with a
population of less than 200,000 in all
States.
(C) 20 percent of the funds shall be
apportioned among the States in the ratio
that--
(i) the number of eligible low-income
individuals and welfare recipients in
other than urbanized areas in each
State; bears to
(ii) the number of eligible low-
income individuals and welfare
recipients in other than urbanized
areas in all States.
(2) Use of apportioned funds.--Except as provided in
paragraph (3)--
(A) funds apportioned under paragraph (1)(A)
shall be used for projects serving urbanized
areas with a population of 200,000 or more;
(B) funds apportioned under paragraph (1)(B)
shall be used for projects serving urbanized
areas with a population of less than 200,000;
and
(C) funds apportioned under paragraph (1)(C)
shall be used for projects serving other than
urbanized areas.
(3) Exceptions.--A State may use funds apportioned
under paragraphs (1)(B) and (1)(C)--
(A) for projects serving areas other than the
area specified in paragraph (2)(B) or (2)(C),
as the case may be, if the Governor of the
State certifies that all of the objectives of
this section are being met in the specified
area; or
(B) for projects anywhere in the State if the
State has established a statewide program for
meeting the objectives of this section.
(d) Competitive Process for Grants to Subrecipients.--
(1) Areawide solicitations.--A recipient of funds
apportioned under subsection (c)(1)(A) shall conduct,
in cooperation with the appropriate metropolitan
planning organization, an areawide solicitation for
applications for grants to the recipient and
subrecipients under this section.
(2) Statewide solicitation.--A recipient of funds
apportioned under subsection (c)(1)(B) or (c)(1)(C)
shall conduct a statewide solicitation for applications
for grants to the recipient and subrecipients under
this section.
(3) Application.--Recipients and subrecipients
seeking to receive a grant from funds apportioned under
subsection (c) shall submit to the recipient an
application in the form and in accordance with such
requirements as the recipient shall establish.
(4) Grant awards.--The recipient shall award grants
under paragraphs (1) and (2) on a competitive basis.
(e) Transfers.--
(1) In general.--A State may transfer any funds
apportioned to it under subsection (c)(1)(B) or
(c)(1)(C), or both, to an apportionment under section
5311(c) or 5336, or both.
(2) Limited to eligible projects.--Any apportionment
transferred under this subsection shall be made
available only for eligible job access and reverse
commute projects as described in this section.
(3) Consultation.--A State may make a transfer of an
amount under this subsection only after consulting with
responsible local officials and publicly owned
operators of public transportation in each area for
which the amount originally was awarded under
subsection (d)(4).
(f) Grant Requirements.--
(1) In general.--A grant under this section shall be
subject to the requirements of section 5307.
(2) Fair and equitable distribution.--A recipient of
a grant under this section shall certify to the
Secretary that allocations of the grant to
subrecipients are distributed on a fair and equitable
basis.
(g) Coordination.--
(1) In general.--The Secretary shall coordinate
activities under this section with related activities
under programs of other Federal departments and
agencies.
(2) With nonprofit providers.--A State that transfers
funds to an apportionment under section 5336 pursuant
to subsection (e) shall certify to the Secretary that
any project for which the funds are requested under
this section has been coordinated with nonprofit
providers of services.
(3) Project selection and planning.--A recipient of
funds under this section shall certify to the Secretary
that--
(A) the projects selected were derived from a
locally developed, coordinated public transit-
human services transportation plan; and
(B) the plan was developed through a process
that included representatives of public,
private, and nonprofit transportation and human
services providers and participation by the
public.
(h) Government's Share of Costs.--
(1) Capital projects.--A grant for a capital project
under this section may not exceed 80 percent of the net
capital costs of the project, as determined by the
Secretary.
(2) Operating assistance.--A grant made under this
section for operating assistance may not exceed 50
percent of the net operating costs of the project, as
determined by the Secretary.
(3) Remainder.--The remainder of the net project
costs--
(A) may be provided from an undistributed
cash surplus, a replacement or depreciation
cash fund or reserve, a service agreement with
a State or local social service agency or a
private social service organization, or new
capital; and
(B) may be derived from amounts appropriated
to or made available to a department or agency
of the Government (other than the Department of
Transportation) that are eligible to be
expended for transportation.
(4) Use of certain funds.--For purposes of paragraph
(3)(B), the prohibitions on the use of funds for
matching requirements under section 403(a)(5)(C)(vii)
of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) shall not apply to Federal or State
funds to be used for transportation purposes.
(5) Limitation on operating assistance.--A recipient
carrying out a program of operating assistance under
this section may not limit the level or extent of use
of the Government grant for the payment of operating
expenses.
(i) Program Evaluation.--
(1) Comptroller general.--Beginning 1 year after the
date of enactment of the Federal Public Transportation
Act of 2004, and every 2 years thereafter, the
Comptroller General shall--
(A) conduct a study to evaluate the grant
program authorized by this section; and
(B) transmit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the
Senate a report describing the results of the
study under subparagraph (A).
(2) Department of transportation.--Not later than 3
years after the date of enactment of Federal Public
Transportation Act of 2004, the Secretary shall--
(A) conduct a study to evaluate the
effectiveness of the grant program authorized
by this section and the effectiveness of
recipients making grants to subrecipients under
this section; and
(B) transmit to the committees referred to in
paragraph (1)(B) a report describing the
results of the study under subparagraph (A).
Sec. 5317. New Freedom program
(a) Definitions.--In this section, the following definitions
apply:
(1) Recipient.--The term ``recipient'' means a
designated recipient (as defined in section 5307(a)(2))
and a State that receives a grant under this section
directly.
(2) Subrecipient.--The term ``subrecipient'' means a
State or local governmental authority, nonprofit
organization, or operator of public transportation
services that receives a grant under this section
indirectly through a recipient.
(b) General Authority.--
(1) Grants.--The Secretary may make grants under this
section to a recipient for new public transportation
services and public transportation alternatives beyond
those required by the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.) that assist
individuals with disabilities with transportation,
including transportation to and from jobs and
employment support services.
(2) Administrative expenses.--A recipient may use not
more than 10 percent of the amounts apportioned to the
recipient under this section to administer, plan, and
provide technical assistance for a project funded under
this section.
(c) Apportionments.--
(1) Formula.--The Secretary shall apportion amounts
made available to carry out this section as follows:
(A) 60 percent of the funds shall be
apportioned among designated recipients (as
defined in section 5307(a)(2)) for urbanized
areas with a population of 200,000 or more in
the ratio that--
(i) the number of individuals with
disabilities in each such urbanized
area; bears to
(ii) the number of individuals with
disabilities in all such urbanized
areas.
(B) 20 percent of the funds shall be
apportioned among the States in the ratio
that--
(i) the number of individuals with
disabilities in urbanized areas with a
population of less than 200,000 in each
State; bears to
(ii) the number of individuals with
disabilities in urbanized areas with a
population of less than 200,000 in all
States.
(C) 20 percent of the funds shall be
apportioned among the States in the ratio
that--
(i) the number of individuals with
disabilities in other than urbanized
areas in each State; bears to
(ii) the number of individuals with
disabilities in other than urbanized
areas in all States.
(2) Use of apportioned funds.--Except as provided in
paragraph (3)--
(A) funds apportioned under paragraph (1)(A)
shall be used for projects serving urbanized
areas with a population of 200,000 or more;
(B) funds apportioned under paragraph (1)(B)
shall be used for projects serving urbanized
areas with a population of less than 200,000;
and
(C) funds apportioned under paragraph (1)(C)
shall be used for projects serving other than
urbanized areas.
(3) Low density adjustment.--
(A) Smaller urbanized areas.--In
administering the apportionment formula under
paragraph (1)(B)--
(i) in the case of a State with a
population density of 10 persons per
square mile or fewer, the Secretary
shall multiply by a factor of 2 the
number of individuals with disabilities
in urbanized areas of the State with a
population of less than 200,000 (as
determined using the most recent
decennial United States Census); and
(ii) in the case of a State with a
population density of more than 10 but
equal to or fewer than 30 persons per
square mile, the Secretary shall
multiply by a factor of 1.25 the number
of individuals with disabilities in
urbanized areas of the State with a
population of less than 200,000 (as
determined using the most recent
decennial United States Census).
(B) Other than urbanized areas.--In
administering the apportionment formula under
paragraph (1)(C)--
(i) in the case of a State with a
population density of 10 persons per
square mile or fewer, the Secretary
shall multiply by a factor of 1.5 the
number of individuals with disabilities
in other than urbanized areas of the
State (as determined using the most
recent decennial United States Census);
and
(ii) in the case of a State with a
population density of more than 10 but
equal to or fewer than 12 persons per
square mile in other than urbanized
areas of the State, the Secretary shall
multiply by a factor of 1.25 the number
of individuals with disabilities in
other than urbanized areas of the State
(as determined using the most recent
decennial United States Census).
(4) Transfers.--
(A) In general.--A State may transfer any
funds apportioned to it under paragraph (1)(B)
or (1)(C), or both, to an apportionment under
section 5311(c) or 5336, or both.
(B) Limited to eligible projects.--Any funds
transferred pursuant to this paragraph shall be
made available only for eligible projects
selected under this section.
(C) Consultation.--A State may make a
transfer of an amount under this subsection
only after consulting with responsible local
officials and publicly owned operators of
public transportation in each area for which
the amount originally was awarded under
subsection (d)(4).
(d) Competitive Process for Grants to Subrecipients.--
(1) Areawide solicitations.--A recipient of funds
apportioned under subsection (c)(1)(A) shall conduct,
in cooperation with the appropriate metropolitan
planning organization, an areawide solicitation for
applications for grants to the recipient and
subrecipients under this section.
(2) Statewide solicitation.--A recipient of funds
apportioned under subsection (c)(1)(B) or (c)(1)(C)
shall conduct a statewide solicitation for applications
for grants to the recipient and subrecipients under
this section.
(3) Application.--Recipients and subrecipients
seeking to receive a grant from funds apportioned under
subsection (c) shall submit to the recipient an
application in the form and in accordance with such
requirements as the recipient shall establish.
(4) Grant awards.--The recipient shall award grants
under paragraphs (1) and (2) on a competitive basis.
(e) Grant Requirements.--
(1) In general.--Except as provided in paragraph (2),
a grant under this section shall be subject to all the
requirements of section 5307.
(2) Employee protective arrangements.--Section
5333(b) shall apply to grants under this section,
except that the Secretary of Labor shall utilize, for
urbanized areas with a population of less than 200,000
and for other than urbanized areas, a special warranty
described in section 215.7 of title 29, Code of Federal
Regulations (as in effect on the date of enactment of
the Federal Public Transportation Act of 2004), that
provides a fair and equitable arrangement to protect
the interest of employees.
(3) Fair and equitable distribution.--A recipient of
a grant under this section shall certify that
allocations of the grant to subrecipients are
distributed on a fair and equitable basis.
(f) Coordination.--
(1) In general.--The Secretary shall coordinate
activities under this section with related activities
under programs of other Federal departments and
agencies.
(2) With nonprofit providers.--A recipient that
transfers funds to an apportionment under section 5336
pursuant to subsection (c)(2) shall certify that the
project for which the funds are requested under this
section has been coordinated with nonprofit providers
of services.
(3) Project selection and planning.--A recipient of
funds under this section shall certify that--
(A) the projects selected were derived from a
locally developed, coordinated public transit-
human services transportation plan; and
(B) the plan was developed through a process
that included representatives of public,
private, and nonprofit transportation and human
services providers and participation by the
public.
(g) Government's Share of Costs.--
(1) Capital projects.--A grant for a capital project
under this section may not exceed 80 percent of the net
capital costs of the project, as determined by the
Secretary.
(2) Operating assistance.--A grant made under this
section for operating assistance may not exceed 50
percent of the net operating costs of the project, as
determined by the Secretary.
(3) Remainder.--The remainder of the net project
costs--
(A) may be provided from an undistributed
cash surplus, a replacement or depreciation
cash fund or reserve, a service agreement with
a State or local social service agency or a
private social service organization, or new
capital; and
(B) may be derived from amounts appropriated
to or made available to a department or agency
of the Government (other than the Department of
Transportation) that are eligible to be
expended for transportation.
(4) Use of certain funds.--For purposes of paragraph
(3)(B), the prohibitions on the use of funds for
matching requirements under section 403(a)(5)(C)(vii)
of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) shall not apply to Federal or State
funds to be used for transportation purposes.
(5) Limitation on operating assistance.--A recipient
carrying out a program of operating assistance under
this section may not limit the level or extent of use
of the Government grant for the payment of operating
expenses.
Sec. 5318. Bus testing facility
[(a) Establishment.--The Secretary of Transportation shall
establish one facility for testing a new bus model for
maintainability, reliability, safety, performance (including
braking performance), structural integrity, fuel economy,
emissions, and noise. The facility shall be established by
renovating a facility built with assistance of the United
States Government to train rail personnel.]
(a) Facility.--The Secretary of Transportation shall maintain
one facility for testing a new bus model for maintainability,
reliability, safety, performance (including braking
performance), structural integrity, fuel economy, emissions,
and noise.
(b) Operation and Maintenance.--The Secretary shall enter
into a contract or cooperative agreement with, or make a grant
to, a qualified person or organization to operate and maintain
the facility. The contract, cooperative agreement, or grant may
provide for the testing of rail cars and other [mass] public
transportation vehicles at the facility.
* * * * * * *
(d) Availability of Amounts To Pay for Testing.--The
Secretary shall enter into a contract or cooperative agreement
with, or make a grant to, the operator of the facility under
which the Secretary shall pay 80 percent of the cost of testing
a vehicle at the facility from amounts available [under section
5309(m)(1)(C) of this title] to carry out this section. The
entity having the vehicle tested shall pay 20 percent of the
cost.
[(e) Revolving Loan Fund.--The Secretary has a bus testing
revolving loan fund consisting of amounts authorized for the
fund under section 317(b)(5) of the Surface Transportation and
Uniform Relocation Assistance Act of 1987. The Secretary shall
make available as repayable advances from the fund to the
person operating and maintaining the facility amounts to
operate and maintain the facility.]
(e) Acquiring New Bus Models.--Amounts appropriated or made
available under this chapter may be obligated or expended to
acquire a new bus model only if a bus of that model has been
tested at the facility maintained by the Secretary under
subsection (a).
Sec. 5319. Bicycle facilities
A project to provide access for bicycles to [mass] public
transportation facilities, to provide shelters and parking
facilities for bicycles in or around [mass] public
transportation facilities, or to install equipment for
transporting bicycles on [mass] public transportation vehicles
is a capital project eligible for assistance under sections
5307, 5309, [and 5311] 5311, and 5320 of this title.
Notwithstanding sections 5307(e), [5309(h),] 5309(g), and
5311(g) of this title, a grant of the United States Government
under this chapter for a project made eligible by this section
is for 90 percent of the cost of the project, except that, if
the grant or any portion of the grant is made with funds
required to be expended under section 5307(k) and the project
involves providing bicycle access to [mass] public
transportation, that grant or portion of that grant shall be at
a Federal share of 95 percent.
[Sec. 5320. Suspended light rail system technology pilot project
[(a) Purpose.--The purpose of this section is to provide for
the construction by a public entity of a suspended light rail
system technology pilot project--
[(1) to assess the state of new technology for a
suspended light rail system; and
[(2) to establish the feasibility, costs, and
benefits of using the system to transport passengers.
[(b) General Requirements.--The project shall--
[(1) use new rail technology with individual vehicles
on a prefabricated elevated steel guideway;
[(2) be stability-seeking with a center of gravity
for the detachable passenger vehicles located below the
point of wheel-rail contact; and
[(3) use vehicles that are driven by overhead bogies
with high efficiency, low maintenance electric motors
for each wheel, operating in a slightly sloped plane
from vertical for the wheels and the running rails, to
further increase stability, acceleration, and braking
performance.
[(c) Competition.--(1) The Secretary of Transportation shall
conduct a national competition to select a public entity with
which to make a full funding grant agreement to construct the
project. Not later than April 16, 1992, the Secretary shall
select 3 public entities to be finalists in the competition. In
conducting the competition and selecting public entities, the
Secretary shall consider--
[(A) the public entity's demonstrated understanding
and knowledge of the project and its technical,
managerial, and financial capacity to construct,
manage, and operate the project; and
[(B) maximizing potential contributions to the cost
of the project by State, local, and private sector
entities, including donation of in-kind services and
materials.
[(2) The Secretary shall award a grant to each finalist to be
used to participate in the final phase of the competition under
procedures the Secretary prescribes. A grant may not be more
than 80 percent of the cost of participating. A finalist may
not receive more than one-third of the amount made available
under subsection (h)(1)(A) of this section.
[(3) Not later than July 15, 1992, the Secretary shall select
from among the 3 finalists a public entity with which to make a
full funding grant agreement.
[(d) Environmental Impact.--Not later than 270 days after a
public entity is selected under subsection (c) of this section,
the Secretary shall approve and publish in the Federal Register
a notice announcing either a finding of no significant impact
or a draft environmental impact statement for the project. The
alternatives analysis for the project shall include a decision
on whether to construct the project. If a draft statement is
published, the Secretary, not later than 180 days after
publication, shall approve and publish in the Federal Register
a notice of completion of a final environmental impact
statement.
[(e) Full Funding Grant Agreement.--Not later than 60 days
after carrying out the requirements of subsection (d) of this
section, the Secretary shall make a full funding grant
agreement under section 5309 of this title with the public
entity selected under subsection (c) of this section to
construct the project. The agreement shall provide that the
system vendor for the project shall finance--
[(1) 100 percent of any deficit incurred in operating
the project in the first 2 years of revenue operations
of the project; and
[(2) 50 percent of any deficit incurred in operating
the project in the 3d year of revenue operations of the
project.
[(f) Notice To Proceed.--Not later than 30 days after making
the full funding grant agreement, the Secretary shall issue a
notice to proceed with construction.
[(g) Option Not To Construct and Reawarding the Grant.--(1)
Not later than 30 days after completing preliminary engineering
and design, the selected public entity shall decide whether to
proceed to constructing the project. If the entity decides not
to proceed--
[(A) the Secretary shall not make the full funding
grant agreement;
[(B) remaining amounts received shall be returned to
the Secretary and credited to the Mass Transit Account
of the Highway Trust Fund; and
[(C) the Secretary shall use the credited amount and
other amounts to be provided under this section to
award to another entity selected under subsection
(c)(1) of this section a grant under section 5309 of
this title to construct the project.
[(2) Not later than 60 days after a decision is made under
paragraph (1) of this subsection, a grant shall be awarded
under paragraph (1)(C) of this subsection after completing a
competitive process for selecting the grant recipient.
[(h) Financing.--(1) The Secretary shall pay from amounts
provided under section 5309 of this title the following:
[(A) at least $1,000,000 for the fiscal year ending
September 30, 1992, for grants under subsection (c)(2)
of this section.
[(B) at least $4,000,000 for the fiscal year ending
September 30, 1993, for the United States Government
share of the costs (as determined under section 5309 of
this title) if the systems planning, alternatives
analysis, preliminary engineering, and design and
environmental impact statement are required by law for
the project.
[(C) at least $30,000,000 for the fiscal year ending
September 30, 1994, as provided in the grant agreement
under subsection (e) of this section, for the
Government share of the construction costs of the
project.
[(2) The grant agreement under subsection (e) of this section
shall provide that for the 3d year of revenue operations of the
project, the Secretary shall pay from amounts provided under
this section the Government share of operating costs in an
amount equal to the lesser of 50 percent of the deficit
incurred in operating the project in that year or $300,000.
[(3) Amounts not expended under paragraph (1)(A) of this
subsection are available for the Government share of costs
described in paragraph (1)(B) and (C) of this subsection.
[(4) Amounts under paragraph (1)(B) and (C) of this
subsection remain available until expended.
[(i) Government's Share of Costs.--The Government share of
the cost of constructing the project is 80 percent of the net
cost of the project.
[(j) Project Not Subject to Major Capital Investment
Policy.--The project is not subject to the major capital
investment policy of the Federal Transit Administration.
[(k) Report.--Not later than January 30, 1993, and each year
after that date, the Secretary shall submit to Congress a
report on the progress and results of the project.]
Sec. 5320. Transit in the parks pilot program
(a) Public Transportation Defined.--In this section, the term
``public transportation'' means general or special
transportation to the public by a conveyance that is publicly
or privately owned. Such term does not include schoolbus or
charter transportation but does include sightseeing
transportation.
(b) Establishment.--Not later than 90 days after the date of
enactment of the Federal Public Transportation Act of 2004, the
Secretary of Transportation and the Secretary of the Interior
shall enter into a memorandum of understanding to establish a
transit in the parks pilot program in accordance with the
requirements of this section.
(c) Purpose.--The purpose of the pilot program shall be to
encourage and promote the development of transportation systems
described in section 5301(a) within units of the National Park
System to improve visitor mobility and enjoyment (including
visitors with disabilities), reduce pollution and congestion,
and enhance resource protection through the use of public
transportation.
(d) Administration of Program.--The program shall be
administered by the Secretary of Transportation, in
consultation with the Secretary of the Interior.
(e) Memorandum of Understanding.--
(1) Planning.--The memorandum of understanding under
subsection (b) shall include transportation planning
procedures that are consistent with the metropolitan
and statewide planning processes required under chapter
52.
(2) Programs.--The memorandum of understanding shall
include descriptions of programs and activities
eligible for assistance under the pilot program.
(3) Exceptions.--The memorandum of understanding
shall limit or modify the applicability of the
provisions referred to in subsection (f) to the extent
necessary to carry out the objectives of this section
and to be compatible with the laws and regulations
governing units of the National Park System.
(f) Eligible Use of Funds.--Except as provided under
subsection (e)(3), the Secretary may provide funds made
available to carry out this section to the Secretary of the
Interior under interagency agreements for the following
purposes:
(1) Planning, engineering, design, and evaluation.--
Planning, engineering, design, and evaluation of public
transportation projects in units of the National Park
System, and for technical studies, in accordance with
section 5305(b)(2).
(2) Public transportation capital projects.--Public
transportation capital projects (as defined in section
5302(a)(1)) for such units in accordance with all the
terms and conditions to which a grant is made under
subsections (a), (b), (c), and (d) of section 5307 and
such other terms and conditions as are determined by
the Secretary. The Secretary of the Interior shall act
as the designated recipient for the purposes of
subsection (a)(2) of section 5307.
(3) Operating costs.--Operating costs of equipment
and facilities used in public transportation for such
units.
(g) Government's Share of Costs.--
(1) Capital projects.--The Government share of the
cost of any capital project or activity under this
section shall be 100 percent of the costs of the
project, as determined by the Secretary.
(2) Operating assistance.--A grant made under this
section for operating assistance may not exceed 50
percent of the net operating costs of the project, as
determined by the Secretary.
(h) Savings Clause.--Nothing in this section shall be
construed as superseding, amending, modifying, or repealing any
provision of law applicable to units of the National Park
System.
Sec. 5321. Crime prevention and security
The Secretary of Transportation may make capital grants from
amounts available under section 5338 of this title to [mass]
public transportation systems for crime prevention and
security. This chapter does not prevent the financing of a
project under this section when a local governmental authority
other than the grant applicant has law enforcement
responsibilities.
Sec. 5322. Human resource programs
(a) In General.--The Secretary of Transportation may
undertake, or make grants and contracts for, programs that
address human resource needs as they apply to [mass] public
transportation activities. A program may include--
(1) an employment training program;
(2) an outreach program to increase minority and
female employment in [mass] public transportation
activities;
(3) research on [mass] public transportation
personnel and training needs; and
(4) training and assistance for minority business
opportunities.
(b) Grants to Higher Learning Institutions.--
(1) Authority to make grants.--The Secretary may make
grants to nonprofit institutions of higher learning--
(A) to conduct research and investigations
into the theoretical or practical problems of
public transportation; and
(B) to train individuals to conduct further
research or obtain employment in an
organization that plans, builds, operates, or
manages a public transportation system.
(2) Research and investigations.--Research and
investigations under this subsection include--
(A) the design and use of public
transportation systems and public roads and
highways;
(B) the interrelationship between various
modes of urban, suburban, rural, and intercity
transportation;
(C) the role of transportation planning in
overall urban planning;
(D) public preferences in transportation;
(E) the economic allocation of transportation
resources; and
(F) the legal, financial, engineering, and
esthetic aspects of public transportation.
(3) Preference.--When making a grant under this
subsection, the Secretary shall give preference to an
institution that brings together knowledge and
expertise in the various social science and technical
disciplines related to public transportation problems.
(c) Fellowships.--
(1) Authority to make grants.--The Secretary may make
grants to States, local governmental authorities, and
operators of public transportation systems to provide
fellowships to train personnel employed in managerial,
technical, and professional positions in the public
transportation field.
(2) Terms.--
(A) Period of training.--A fellowship under
this subsection may be for not more than one
year of training in an institution that offers
a program applicable to the public
transportation industry.
(B) Selection of individuals.--The recipient
of the grant shall select an individual on the
basis of demonstrated ability and for the
contribution the individual reasonably can be
expected to make to an efficient public
transportation operation.
(C) Amount.--A grant for a fellowship may not
be more than the lesser of $65,000 or 75
percent of--
(i) tuition and other charges to the
fellowship recipient;
(ii) additional costs incurred by the
training institution and billed to the
grant recipient; and
(iii) the regular salary of the
fellowship recipient for the period of
the fellowship to the extent the salary
is actually paid or reimbursed by the
grant recipient.
Sec. 5323. General provisions on assistance
(a) Interests in Property.--(1) Financial assistance provided
under this chapter to a State or a local governmental authority
may be used to acquire an interest in, or buy property of, a
[private mass transportation company] private company engaged
in public transportation, for a capital project for property
acquired from a [private mass transportation company] private
company engaged in public transportation after July 9, 1964, or
to operate [mass transportation equipment or a mass
transportation facility] a public transportation facility or
equipment in competition with, or in addition to,
transportation service provided by an existing [mass
transportation company] public transportation company, only
if--
(A) the Secretary of Transportation finds the
assistance is essential to a program of projects
required under sections 5303-5306 of this title;
(B) the Secretary of Transportation finds that the
program, to the maximum extent feasible, provides for
the participation of [private mass transportation
companies] private companies engaged in public
transportation;
(C) just compensation under State or local law will
be paid to the company for its franchise or property;
and
(D) the Secretary of Labor certifies that the
assistance complies with section 5333(b) of this title.
(2) A governmental authority may not use financial assistance
of the United States Government to acquire land, equipment, or
a facility used in [mass] public transportation from another
governmental authority in the same geographic area.
(b) Notice and Public Hearing.--[(1) An application]
(1) Applications.--An application for a grant [or
loan] under this chapter for a capital project that
will affect substantially a community, or the [mass]
public transportation service of a community, must
include a certificate of the applicant that the
applicant has--
(A) provided an adequate opportunity for a
public hearing with adequate prior notice;
(B) held that hearing unless no one with a
significant economic, social, or environmental
interest requested one;
(C) considered the economic, social, and
environmental effects of the project; and
(D) found that the project is consistent with
official plans for developing the urban area.
[(2) Notice of]
(2) Notice.--Notice of a hearing under this
subsection shall include a concise description of the
proposed project and shall be published in a newspaper
of general circulation in the geographic area the
project will serve. If a hearing is held, a copy of the
transcript of the hearing shall be submitted with the
application.
(3) Environmental record.--An applicant shall include
in the environmental record for a project under this
chapter evidence that the applicant has complied with
the requirements of subparagraphs (A) through (D) of
paragraph (1).
[(c) Acquiring New Bus Models.--Amounts appropriated or made
available under this chapter after September 30, 1989, may be
obligated or expended to acquire a new bus model only if a bus
of the model has been tested at the facility established under
section 5318 of this title.]
(d) Condition on Charter Bus Transportation Service.--[(1)
Financial assistance]
(1) Agreements.--Financial assistance under this
chapter may be used to buy or operate a bus only if the
applicant, governmental authority, or publicly owned
operator that receives the assistance agrees that,
except as provided in the agreement, the governmental
authority or an operator of [mass] public
transportation for the governmental authority will not
provide charter bus transportation service outside the
urban area in which it provides regularly scheduled
[mass] public transportation service. An agreement
shall provide for a fair arrangement the Secretary of
Transportation considers appropriate to ensure that the
assistance will not enable a governmental authority or
an operator for a governmental authority to foreclose a
private operator from providing intercity charter bus
service if the private operator can provide the
service.
[(2) On receiving a complaint about a violation of an
agreement, the Secretary of Transportation shall investigate
and decide whether a violation has occurred. If the Secretary
decides that a violation has occurred, the Secretary shall
correct the violation under terms of the agreement. In addition
to a remedy specified in the agreement, the Secretary may bar a
recipient under this subsection or an operator from receiving
further assistance when the Secretary finds a continuing
pattern of violations of the agreement.]
(2) Violations.--
(A) Investigations.--On receiving a complaint
about a violation of the agreement required
under paragraph (1), the Secretary shall
investigate and decide whether a violation has
occurred.
(B) Enforcement of agreements.--If the
Secretary decides that a violation has
occurred, the Secretary shall correct the
violation under terms of the agreement.
(C) Additional remedies.--In addition to any
remedy specified in the agreement, the
Secretary shall bar a recipient or an operator
from receiving Federal transit assistance in an
amount the Secretary considers appropriate if
the Secretary finds a pattern of violations of
the agreement.
[(e) Bus Passenger Seat Functional Specifications.--The
initial advertising by a State or local governmental authority
for bids to acquire buses using financial assistance under this
chapter may include passenger seat functional specifications
that are at least equal to performance specifications the
Secretary of Transportation prescribes. The specifications
shall be based on a finding by the State or local governmental
authority of local requirements for safety, comfort,
maintenance, and life cycle costs.]
(e) Bond Proceeds Eligible for Local Share.--
(1) Use as local matching funds.--Notwithstanding any
other provision of law, a recipient of assistance under
section 5307 or 5309 may use the proceeds from the
issuance of revenue bonds as part of the local matching
funds for a capital project.
(2) Maintenance of effort.--The Secretary shall
approve of the use of the proceeds from the issuance of
revenue bonds for the remainder of the net project cost
only if the Secretary finds that the aggregate amount
of financial support for public transportation in the
urbanized area provided by the State and affected local
governmental authorities during the next 3 fiscal
years, as programmed in the State transportation
improvement program under chapter 52 is not less than
the aggregate amount provided by the State and affected
local governmental authorities in the urbanized area
during the preceding 3 fiscal years.
(3) Debt service reserve.--The Secretary may
reimburse an eligible recipient for deposits of bond
proceeds in a debt service reserve that recipient
established pursuant to section 5302(a)(1)(K) from
amounts made available to the recipient under section
5307 or 5309, or both; except that such reimbursement
in a fiscal year may not exceed 10 percent of the
amounts made available to the recipient under section
5307 in such fiscal year.
(f) Schoolbus Transportation.--[(1) Financial assistance]
(1) Agreements.--Financial assistance under this
chapter may be used for a capital project, or to
operate [mass] public transportation equipment or a
[mass] public transportation facility, only if the
applicant agrees not to provide schoolbus
transportation that exclusively transports students and
school personnel in competition with a private
schoolbus operator. This subsection does not apply--
(A) to an applicant that operates a school
system in the area to be served and a separate
and exclusive schoolbus program for the school
system;
(B) unless a private schoolbus operator can
provide adequate transportation that complies
with applicable safety standards at reasonable
rates; and
(C) to a State or local governmental
authority if it or a direct predecessor in
interest from which it acquired the duty of
transporting school children and personnel, and
facilities to transport them, provided
schoolbus transportation at any time after
November 25, 1973, but before November 26,
1974.
[(2) An applicant violating an agreement under this
subsection may not receive other financial assistance under
this chapter.]
(2) Violations.--If the Secretary finds that an
applicant, governmental authority, or publicly owned
operator has violated the agreement required under
paragraph (1), the Secretary shall bar a recipient or
an operator from receiving Federal transit assistance
in an amount the Secretary considers appropriate.
(g) Buying Buses Under Other Laws.--Subsections (d) and (f)
of this section apply to financial assistance to buy a bus
under sections [103(e)(4)] 133 and 142(a) or (c) of title 23.
However, subsection (f)(1)(C) of this section applies to
sections [103(e)(4)] 133 and 142(a) or (c) only if schoolbus
transportation was provided at any time after August 12, 1972,
but before August 13, 1973.
* * * * * * *
(j) Buy America.--(1) * * *
* * * * * * *
(3) Written justification for public interest
waiver.--When issuing a waiver based on a public
interest determination under paragraph (2)(A), the
Secretary shall issue a detailed written justification
as to why the waiver is in the public interest. The
Secretary shall publish such justification in the
Federal Register and provide the public with a
reasonable period of time for notice and comment.
[(3)] (4) In this subsection, labor costs involved in final
assembly are not included in calculating the cost of
components.
[(4)] (5) The Secretary of Transportation may not make a
waiver under paragraph (2) of this subsection for goods
produced in a foreign country if the Secretary, in consultation
with the United States Trade Representative, decides that the
government of that foreign country--
(A) has an agreement with the United States
Government under which the Secretary has waived the
requirement of this subsection; and
(B) has violated the agreement by discriminating
against goods to which this subsection applies that are
produced in the United States and to which the
agreement applies.
[(5)] (6) A person is ineligible under subpart 9.4 of chapter
1 of title 48, Code of Federal Regulations, to receive a
contract or subcontract made with amounts authorized under the
[Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240, 105 Stat. 1914)] Federal Public
Transportation Act of 2004 if a court or department, agency, or
instrumentality of the Government decides the person
intentionally--
(A) affixed a ``Made in America'' label, or a label
with an inscription having the same meaning, to goods
sold in or shipped to the United States that are used
in a project to which this subsection applies but not
produced in the United States; or
(B) represented that goods described in clause (A) of
this paragraph were produced in the United States.
[(6)] (7) The Secretary of Transportation may not impose any
limitation on assistance provided under this chapter that
restricts a State from imposing more stringent requirements
than this subsection on the use of articles, materials, and
supplies mined, produced, or manufactured in foreign countries
in projects carried out with that assistance or restricts a
recipient of that assistance from complying with those State-
imposed requirements.
[(7)] (8) Opportunity to correct inadvertent error.--
The Secretary may allow a manufacturer or supplier of
steel, iron, or manufactured goods to correct after bid
opening any certification of noncompliance or failure
to properly complete the certification (but not
including failure to sign the certification) under this
subsection if such manufacturer or supplier attests
under penalty of perjury that such manufacturer or
supplier submitted an incorrect certification as a
result of an inadvertent or clerical error. The burden
of establishing inadvertent or clerical error is on the
manufacturer or supplier.
(9) Administrative review.--A party adversely
affected by an agency action under this subsection
shall have the right to seek review under section 702
of title 5, United States Code.
* * * * * * *
[(l) Application of Section 135 of Title 23.--The planning
and programming requirements of section 135 of title 23 apply
to a grant made under sections 5307-5311 of this title.]
(l) Relationship to Other Laws.--Section 1001 of title 18
applies to a certificate, submission, or statement provided
under this chapter. The Secretary may terminate financial
assistance under this chapter and seek reimbursement directly,
or by offsetting amounts, available under this chapter, when a
false or fraudulent statement or related act within the meaning
of section 1001 is made in connection with a Federal transit
program.
* * * * * * *
(o) Grant Requirements.--The grant requirements under
sections 5307 and 5309 apply to any project under this chapter
that receives any assistance or other financing under [the
Transportation Infrastructure Finance and Innovation Act of
1998] chapter 6 (other than section 609) of title 23.
(p) Transfer of Lands or Interests in Lands Owned by the
United States.--
(1) Identification of lands necessary for transit
purposes.--If the Secretary determines that any part of
the lands or interests in lands owned by the United
States and made available as a result of a military
base closure is necessary for public transportation
purposes eligible under this chapter, including
corridor preservation, the Secretary shall file with
the Secretary of the Department supervising the
administration of such lands or interests in lands a
map showing the portion of such lands or interests in
lands which is desired to be transferred for public
transportation purposes.
(2) Deadline for certification.--If, within 4 months
of such filing, the Secretary of such Department has
not certified to the Secretary that the proposed
transfer of such land is contrary to the public
interest or inconsistent with the purposes for which
such land has been reserved or has agreed to the
transfer under conditions that the Secretary of such
Department considers necessary for the adequate
protection and utilization of the reserve, then such
land and materials may be appropriated and transferred
to a State, or local government, or public
transportation operator for such purposes and subject
to the conditions so specified.
(3) Reversion.--If at any time such lands are no
longer needed for public transportation purposes,
notice shall be given to the Secretary by the State,
local government, or public transportation operator
that received the land, and such lands shall
immediately revert to the control of the Secretary of
the Department from which the land was originally
transferred.
[Sec. 5324. Limitations on discretionary and special needs grants and
loans
[(a) Relocation Program Requirements.--Financial assistance
may be provided under section 5309 of this title only if the
Secretary of Transportation decides that--
[(1) an adequate relocation program is being carried
out for families displaced by a project; and
[(2) an equal number of decent, safe, and sanitary
dwellings are being, or will be, provided to those
families in the same area or in another area generally
not less desirable for public utilities and public and
commercial facilities, at rents or prices within the
financial means of those families, and with reasonable
access to their places of employment.
[(b) Economic, Social, and Environmental Interests.--(1) In
carrying out section 5301(e) of this title, the Secretary of
Transportation shall cooperate and consult with the Secretaries
of Agriculture, Health and Human Services, Housing and Urban
Development, and the Interior and the Council on Environmental
Quality on each project that may have a substantial impact on
the environment.
[(2) In carrying out section 5309 of this title, the
Secretary of Transportation shall review each transcript of a
hearing submitted under section 5323(b) of this title to
establish that an adequate opportunity to present views was
given to all parties with a significant economic, social, or
environmental interest and that the project application
includes a statement on--
[(A) the environmental impact of the proposal;
[(B) adverse environmental effects that cannot be
avoided;
[(C) alternatives to the proposal; and
[(D) irreversible and irretrievable impacts on the
environment.
[(3)(A) The Secretary of Transportation may approve an
application for financial assistance under section 5309 of this
title only if the Secretary makes written findings, after
reviewing the application and any hearings held before a State
or local governmental authority under section 5323(b) of this
title, that--
[(i) an adequate opportunity to present views was
given to all parties with a significant economic,
social, or environmental interest;
[(ii) the preservation and enhancement of the
environment, and the interest of the community in which
a project is located, were considered; and
[(iii) no adverse environmental effect is likely to
result from the project, or no feasible and prudent
alternative to the effect exists and all reasonable
steps have been taken to minimize the effect.
[(B) If a hearing has not been conducted or the Secretary of
Transportation decides that the record of the hearing is
inadequate for making the findings required by this subsection,
the Secretary shall conduct a hearing on an environmental issue
raised by the application after giving adequate notice to
interested persons.
[(C) A finding of the Secretary of Transportation under
subparagraph (A) of this paragraph shall be made a matter of
public record.
[(c) Prohibitions Against Regulating Operations and
Charges.--The Secretary of Transportation may not regulate the
operation of a mass transportation system for which a grant is
made under section 5309 of this title and, after a grant is
made, may not regulate any charge for the system. However, the
Secretary may require the local governmental authority,
corporation, or association to comply with any undertaking
provided by it related to its grant application.]
Sec. 5324. Special provisions for capital projects
(a) Relocation Program Requirements.--Financial assistance
may be provided under section 5309 only if the Secretary
decides that--
(1) an adequate relocation program is being carried
out for families displaced by a project; and
(2) an equal number of decent, safe, and sanitary
dwellings are being, or will be, provided to those
families in the same area or in another area generally
not less desirable for public utilities and public and
commercial facilities, at rents or prices within the
financial means of those families, and with reasonable
access to their places of employment.
(b) Consideration of Economic, Social, and Environmental
Interests.--
(1) Cooperation and consultation.--In carrying out
the policy of section 5301(e), the Secretary shall
cooperate and consult with the Secretaries of the
Interior, Health and Human Services, and Housing and
Urban Development and the Administrator of the
Environmental Protection Agency on each project that
may have a substantial impact on the environment.
(2) Public participation in environmental reviews.--
In performing environmental reviews, the Secretary
shall review each transcript of a hearing submitted
under section 5323(b) to establish that an adequate
opportunity to present views was given to all parties
having a significant economic, social, or environmental
interest in the project, and that the project
application includes a record of--
(A) the environmental impact of the proposal;
(B) adverse environmental effects that cannot
be avoided;
(C) alternatives to the proposal; and
(D) irreversible and irretrievable impacts on
the environment.
(3) Approval of applications for assistance.--
(A) Findings by the secretary.--The Secretary
may approve an application for financial
assistance for a capital project in accordance
with this chapter only if the Secretary makes
written findings, after reviewing the
application and the transcript of any hearing
held before a State or local governmental
authority under section 5323(b), that--
(i) an adequate opportunity to
present views was given to all parties
having a significant economic, social,
or environmental interest;
(ii) the preservation and enhancement
of the environment and the interest of
the community in which the project is
located were considered; and
(iii) no adverse environmental effect
is likely to result from the project,
or no feasible and prudent alternative
to the effect exists and all reasonable
steps have been taken to minimize the
effect.
(B) Hearing.--If a hearing has not been
conducted or the Secretary decides that the
record of the hearing is inadequate for making
the findings required by this subsection, the
Secretary shall conduct a hearing on an
environmental issue raised by the application
after giving adequate notice to interested
persons.
(C) Availability of findings.--The
Secretary's findings under subparagraph (A)
shall be made a matter of public record.
Sec. 5325. Contract requirements
[(a) Noncompetitive Bidding.--A capital project or
improvement contract for which a grant or loan is made under
this chapter, if the contract is not made through competitive
bidding, shall provide that records related to the contract
shall be made available to the Secretary of Transportation and
the Comptroller General, or an officer or employee of the
Secretary or Comptroller General, when conducting an audit and
inspection.
[(b) Architectural, Engineering, and Design Contracts.--A
contract or requirement for program management, construction
management, a feasibility study, and preliminary engineering,
design, architectural, engineering, surveying, mapping, or
related services for a project for which a grant or loan is
made under this chapter shall be awarded in the same way as a
contract for architectural and engineering services is
negotiated under chapter 11 of title 40 or an equivalent
qualifications-based requirement of a State. When awarding such
contracts, recipients of assistance under this chapter shall
maximize efficiencies of administration by accepting
nondisputed audits conducted by other governmental agencies, as
provided in subparagraphs (C) through (F) of section 112(b)(2)
of title 23. This subsection does not apply to the extent a
State has adopted or adopts by law a formal procedure for
procuring those services.]
(a) Competition.--Recipients of Federal assistance under this
chapter shall conduct all procurement transactions involving
such assistance in a manner providing full and open
competition, as determined by the Secretary.
(b) Architectural, Engineering, and Design Contracts.--
(1) Procedures for awarding contract.--A contract or
requirement for program management, architectural
engineering, construction management, a feasibility
study, and preliminary engineering, design,
architectural, engineering, surveying, mapping, or
related services for a project for which Federal
assistance is provided under this chapter shall be
awarded in the same way as a contract for architectural
and engineering services is negotiated under chapter 11
of title 40 or an equivalent qualifications-based
requirement of a State.
(2) Effect of state laws.--This subsection does not
apply to the extent a State has adopted, before the
date of enactment of the Federal Public Transportation
Act of 2004, by law a formal procedure for procuring
those services.
(3) Administration of contracts.--When awarding such
contracts, recipients of assistance under this chapter
shall maximize efficiencies of administration by
accepting nondisputed audits conducted by other
governmental agencies as follows:
(A) Performance of audits.--Any contract or
subcontract awarded under this chapter shall be
performed and audited in compliance with cost
principles contained in the Federal Acquisition
Regulation (part 31 of title 48, Code of
Federal Regulations).
(B) Indirect cost rates.--Instead of
performing its own audits, a recipient of funds
under a contract or subcontract awarded under
this chapter shall accept indirect cost rates
established in accordance with the Federal
Acquisition Regulation for one-year applicable
accounting periods by a cognizant Federal or
State government agency, if such rates are not
currently under dispute.
(C) Application of rates.--Once a firm's
indirect cost rates are accepted under this
paragraph, the recipient of the funds shall
apply such rates for the purposes of contract
estimation, negotiation, administration,
reporting, and contract payment and shall not
be limited by administrative or de facto
ceilings.
(D) Prenotification; confidentiality of
data.--A recipient of funds requesting or using
the cost and rate data described in paragraph
(3) shall notify any affected firm before such
request or use. Such data shall be confidential
and shall not be accessible or provided, in
whole or in part, to another firm or to any
government agency that is not part of the group
of agencies sharing cost data under this
paragraph, except by written permission of the
audited firm. If prohibited by law, such cost
and rate data shall not be disclosed under any
circumstances.
* * * * * * *
(d) Design-Build System Projects.--
(1) Definition.--In this section, the term ``design-
build system project'' means a project under which a
recipient enters into a contract with a seller, firm,
or consortium of firms to design and build a public
transportation system or an operable segment thereof
that meets specific performance criteria. Such project
may also include an option to finance, or operate for a
period of time, the system or segment or any
combination of designing, building, operating, or
maintaining such system or segment.
(2) Financial assistance.--Government financial
assistance under this chapter may be made available for
the capital costs of a design-build system project
after the recipient complies with Government
requirements.
(e) Multiyear Rolling Stock.--
(1) Contracts.--A recipient procuring rolling stock
with Government financial assistance under this chapter
may make a multiyear contract to buy the rolling stock
and replacement parts under which the recipient has an
option to buy additional rolling stock or replacement
parts for not more than 5 years after the date of the
original contract.
(2) Cooperation among recipients.--The Secretary
shall allow at least 2 recipients to act on a
cooperative basis to procure rolling stock in
compliance with this subsection and other Government
procurement requirements.
(f) Acquiring Rolling Stock.--A recipient of financial
assistance under this chapter may enter into a contract to
expend that assistance to acquire rolling stock--
(1) based on--
(A) initial capital costs; or
(B) performance, standardization, life cycle
costs, and other factors; or
(2) with a party selected through a competitive
procurement process.
(g) Examination of the Records.--Upon request, the Secretary,
the Comptroller General, or a representative of the Secretary
or the Comptroller General shall have access to and the right
to examine and inspect all records, documents, papers,
including contracts, related to a project for which a grant is
made under this chapter.
(h) Grant Prohibitions.--A grant may not be used to support a
procurement that uses an exclusionary or discriminatory
specification.
[Sec. 5326. Special procurements
[(a) Turnkey System Projects.--
[(1) Turnkey system project defined.--In this
subsection, the term ``turnkey system project'' means a
project under which a recipient enters into a contract
with a seller, firm, or consortium of firms to design
and build a mass transportation system or an operable
segment thereof that meets specific performance
criteria. Such project may also include an option to
finance, or operate for a period of time, the system or
segment or any combination of designing, building,
operating, or maintaining such system or segment.
[(2) Selection of turnkey projects.--To advance new
technologies and lower the cost of a capital project
for a new mass transportation system or an operable
segment of a mass transportation system, the Secretary
of Transportation shall allow solicitation for a
turnkey system project to be financed under this
chapter to be awarded conditionally before United
States Government requirements have been met on the
project if the award is made without prejudice to
carrying out those requirements. Government financial
assistance under this chapter may be made available for
the project after the recipient complies with
Government requirements.
[(3) Demonstrations.--To develop guidelines applying
generally to turnkey system projects, the Secretary may
approve at least 2 projects for an initial
demonstration phase. The results of the demonstration
projects (and other projects using this procurement
method on December 18, 1991) shall be considered in
developing guidelines to carry out this subsection.
[(b) Multiyear Rolling Stock.--(1) A recipient procuring
rolling stock with Government financial assistance under this
chapter may make a multiyear contract to buy the rolling stock
and replacement parts under which the recipient has an option
to buy additional rolling stock or replacement parts for not
more than 5 years after the date of the original contract.
[(2) The Secretary shall allow at least 2 recipients to act
on a cooperative basis to procure rolling stock in compliance
with this subsection and other Government procurement
requirements.
[(c) Acquiring Rolling Stock.--A recipient of financial
assistance under this chapter may enter into a contract to
expend that assistance to acquire rolling stock--
[(1) based on--
[(A) initial capital costs; or
[(B) performance, standardization, life cycle
costs, and other factors; or
[(2) with a party selected through a competitive
procurement process.
[(d) Procuring Associated Capital Maintenance Items.--A
recipient of assistance under section 5307 procuring an
associated capital maintenance item under section 5307(b) may
enter into a contract directly with the original manufacturer
or supplier of the item to be replaced, without receiving prior
approval of the Secretary, if the recipient first certifies in
writing to the Secretary that--
[(1) the manufacturer or supplier is the only source
for the item; and
[(2) the price of the item is no more than the price
that similar customers pay for the item.]
Sec. 5327. Project management oversight
(a) Project Management Plan Requirements.--To receive United
States Government financial assistance for a major capital
project under this chapter or the National Capital
Transportation Act of 1969 (Public Law 91-143, 83 Stat. 320), a
recipient must prepare and carry out a project management plan
approved by the Secretary of Transportation. The plan shall
provide for--
(1) * * *
* * * * * * *
(11) periodic updates of the plan, especially related
to project budget and project schedule, financing,
ridership estimates, and the status of local efforts to
enhance ridership where ridership estimates partly
depend on the success of those efforts; [and]
(12) the recipient's commitment to submit a project
budget and project schedule to the Secretary each
month[.]; and
(13) safety and security management.
* * * * * * *
[(c) Limitations on Use of Available Amounts.--(1) The
Secretary may use not more than .5 percent of amounts made
available for a fiscal year to carry out section 5307, 5309, or
5311 of this title, an interstate transfer mass transportation
project under section 103(e)(4) of title 23 as in effect on
September 30, 1991, or a project under the National Capital
Transportation Act of 1969 (Public Law 91-143, 83 Stat. 320) to
make a contract to oversee the construction of a major project
under section 5307, 5309, 5311, or 103(e)(4) or that Act. The
Secretary may use when necessary not more than an additional
.25 percent of amounts made available in a fiscal year to carry
out a major project under section 5309 to make a contract to
oversee the construction of the project.
[(2) The Secretary may use amounts available under paragraph
(1) of this subsection to enter into contracts for safety,
procurement, management, and financial compliance reviews and
audits of a recipient of amounts under paragraph (1) and to
provide technical assistance to correct deficiencies identified
in compliance reviews and audits carried out under this
section. Subsections (a), (b), and (e) of this section do not
apply to contracts under this paragraph.
[(3) The Government shall pay the entire cost of carrying out
a contract under this subsection.]
(c) Limitations.--
(1) Limitations on use of available amounts.--The
Secretary may use not more than .5 percent of amounts
made available for a fiscal year to carry out section
5311, not more than .75 percent of amounts made
available for a fiscal year to carry out section 5307,
and not more than 1 percent of amounts made available
for a fiscal year to carry out section 5309 to make
contracts for the following activities:
(A) To oversee the construction of a major
project.
(B) To review and audit the safety and
security, procurement, management, and
financial compliance of a recipient or
subrecipient of funds under sections 5307,
5309, and 5311.
(C) To provide technical assistance to
correct deficiencies identified in compliance
reviews and audits carried out under this
section.
(2) Limitations on applicability.--Subsections (a),
(b), and (e) do not apply to contracts under this
section for activities described in paragraphs (1)(B)
and (1)(C).
(3) Government's share of costs.--The Government
shall pay the entire cost of carrying out a contract
under this subsection.
* * * * * * *
Sec. 5328. Project review
(a) Schedule.--(1) * * *
(2) After the draft is circulated and not later than 30 days
after the applicant selects a locally preferred alternative,
the Secretary shall allow the project to advance to the
preliminary engineering stage if the Secretary finds the
project is consistent with section [5309(e)] 5309(c).
* * * * * * *
(4) The Secretary shall make a full funding grant agreement
under section 5309 of this title for a project not later than
120 days after the project enters the final design stage of
construction. The agreement shall provide for a United States
Government share of the construction cost at least equal to the
Government share estimated in the Secretary's most recent
report required [under section 5309(o)(1)] under section
5309(i)(1) of this title or an update of the report unless the
applicant requests otherwise.
* * * * * * *
[Sec. 5329. Investigation of safety hazards
[(a) General.--The Secretary of Transportation may
investigate a condition in equipment, a facility, or an
operation financed under this chapter that the Secretary
believes causes a serious hazard of death or injury to
establish the nature and extent of the condition and how to
eliminate or correct it. If the Secretary establishes that a
condition causes a hazard, the Secretary shall require the
local governmental authority receiving amounts under this
chapter to submit a plan for correcting it. The Secretary may
withhold further financial assistance under this chapter until
a plan is approved and carried out.
[(b) Report.--Not later than June 15, 1992, the Secretary
shall submit to Congress a report containing--
[(1) a description of actions taken to identify and
investigate conditions in a facility, equipment, or way
of operating as part of the findings and decisions
required of the Secretary in providing a grant or loan
under this chapter;
[(2) a description of actions of the Secretary to
correct or eliminate, as a requirement for making an
amount available through a grant or loan under this
chapter, a condition found to create a serious hazard
of death or injury;
[(3) a summary of all passenger-related deaths and
injuries resulting from an unsafe condition in a
facility, equipment, or way of operating a facility or
equipment at least partly financed under this chapter;
[(4) a summary of all employee-related deaths and
injuries resulting from an unsafe condition in a
facility, equipment, or way of operating a facility or
equipment at least partly financed under this chapter;
[(5) a summary of action of the Secretary to correct
or eliminate the unsafe condition to which the deaths
and injuries referred to in clauses (3) and (4) of this
subsection were attributed;
[(6) a summary of actions of the Secretary to alert
mass transportation operators of the nature of the
unsafe condition found to create a serious hazard of
death or injury; and
[(7) recommendations of the Secretary to Congress of
any legislative or administrative actions necessary to
ensure that all recipients of amounts under this
chapter will undertake the best way available to
correct or eliminate hazards of death or injury,
including--
[(A) a timetable for undertaking actions;
[(B) an estimate of the capital and operating
cost to take the actions; and
[(C) minimum standards for establishing and
carrying out safety plans by recipients of
amounts under this chapter.]
Sec. 5329. Investigation of safety and hazards
(a) In General.--The Secretary may investigate safety and
security risks associated with a condition in equipment, a
facility, or an operation financed under this chapter that the
Secretary believes causes a serious hazard of death or injury
to establish the nature and extent of the condition and how to
eliminate, mitigate, or correct it.
(b) Plans for Eliminating, Mitigating, or Correcting
Hazards.--If the Secretary establishes that a condition causes
a hazard, the Secretary shall require the local governmental
authority receiving amounts under this chapter to submit a plan
for eliminating, mitigating, or correcting it.
(c) Withholding Financial Assistance.--Financial assistance
under this chapter, in an amount to be determined by the
Secretary, may be withheld until a plan is approved and carried
out.
[Sec. 5330. Withholding amounts for noncompliance with safety
requirements
[(a) Application.--This section applies only to States that
have rail fixed guideway mass transportation systems not
subject to regulation by the Federal Railroad Administration.]
Sec. 5330. State safety oversight
(a) Application.--This section applies only to--
(1) States that have rail fixed guideway public
transportation systems not subject to regulation by the
Federal Railroad Administration; and
(2) States that are designing rail fixed guideway
public transportation systems that will not be subject
to regulation by the Federal Railroad Administration.
* * * * * * *
(c) State Requirements.--A State meets the requirements of
this section if the State--
(1) establishes and is carrying out a safety program
plan for each fixed guideway [mass] public
transportation system in the State that establishes at
least safety requirements, lines of authority, levels
of responsibility and accountability, and methods of
documentation for the system; and
* * * * * * *
(d) Multistate Involvement.--When more than one State is
subject to this section in connection with a single [mass]
public transportation authority, the affected States shall
ensure uniform safety standards and enforcement and may
designate an entity (except the [mass] public transportation
authority) to ensure uniform safety standards and enforcement
and to meet the requirements of subsection (c) of this section.
* * * * * * *
[(f) Regulations.--Not later than December 18, 1992, the
Secretary shall prescribe regulations stating the requirements
for complying with subsection (c) of this section.]
Sec. 5331. Alcohol and controlled substances testing
(a) Definitions.--In this section--
(1) * * *
* * * * * * *
(3) ``[mass] public transportation'' means any form
of [mass] public transportation, except a form the
Secretary decides is covered adequately, for employee
alcohol and controlled substances testing purposes,
under section 20140 or 31306 of this title or section
2303a, 7101(i), or 7302(e) of title 46. The Secretary
may also decide that a form of public transportation is
covered adequately, for employee alcohol and controlled
substances testing purposes, under the alcohol and
controlled substance statutes or regulations of an
agency within the Department of Transportation or the
Coast Guard.
(b) Testing Program for [Mass] Public Transportation
Employees.--(1)(A) In the interest of [mass] public
transportation safety, the Secretary shall prescribe
regulations that establish a program requiring [mass] public
transportation operations that receive financial assistance
under section 5307, 5309, or 5311 of this title [or section
103(e)(4) of title 23] to conduct preemployment, reasonable
suspicion, random, and post-accident testing of [mass] public
transportation employees responsible for safety-sensitive
functions (as decided by the Secretary) for the use of a
controlled substance in violation of law or a United States
Government regulation, and to conduct reasonable suspicion,
random, and post-accident testing of such employees for the use
of alcohol in violation of law or a United States Government
regulation. The regulations shall permit such operations to
conduct preemployment testing of such employees for the use of
alcohol.
(B) When the Secretary of Transportation considers it
appropriate in the interest of safety, the Secretary may
prescribe regulations for conducting periodic recurring testing
of [mass] public transportation employees responsible for
safety-sensitive functions (as decided by the Secretary) for
the use of alcohol or a controlled substance in violation of
law or a Government regulation.
(2) In prescribing regulations under this subsection, the
Secretary of Transportation--
(A) shall require that post-accident testing of such
a [mass] public transportation employee be conducted
when loss of human life occurs in an accident involving
[mass] public transportation; and
(B) may require that post-accident testing of such a
[mass] public transportation employee be conducted when
bodily injury or significant property damage occurs in
any other serious accident involving [mass] public
transportation.
(c) Disqualifications for Use.--(1) * * *
(2) This section does not supersede any penalty applicable to
a [mass] public transportation employee under another law.
* * * * * * *
(e) Rehabilitation.--The Secretary of Transportation shall
prescribe regulations establishing requirements for
rehabilitation programs that provide for the identification and
opportunity for treatment of any [mass] public transportation
employee referred to in subsection (b)(1) of this section who
is found to have used alcohol or a controlled substance in
violation of law or a Government regulation. The Secretary
shall decide on the circumstances under which employees shall
be required to participate in a program. This subsection does
not prevent a [mass] public transportation operation from
establishing a program under this section in cooperation with
another [mass] public transportation operation.
(f) Relationship to Other Laws, Regulations, Standards, and
Orders.--(1) * * *
* * * * * * *
[(3) This section does not prevent the Secretary of
Transportation from continuing in effect, amending, or further
supplementing a regulation prescribed before October 28, 1991,
governing the use of alcohol or a controlled substance by mass
transportation employees.]
(g) Ineligibility for Assistance.--A person is not eligible
for financial assistance under section 5307, 5309, or 5311 of
this title [or section 103(e)(4) of title 23] if the person is
required, under regulations the Secretary of Transportation
prescribes under this section, to establish a program of
alcohol and controlled substances testing and does not
establish the program.
* * * * * * *
Sec. 5333. Labor standards
(a) * * *
(b) Employee Protective Arrangements.--(1) As a condition of
financial assistance under sections 5307-5312, [5318(d),
5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)] 5316,
5317, 5318, 5320, 5323(a)(1), 5323(b), 5323(d), 5328, 5337,
5338(b), 5338(g), and 5338(h) of this title, the interests of
employees affected by the assistance shall be protected under
arrangements the Secretary of Labor concludes are fair and
equitable. The agreement granting the assistance under sections
5307-5312, [5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337,
and 5338(b)] 5316, 5317, 5318, 5320, 5323(a)(1), 5323(b),
5323(d), 5328, 5337, 5338(b), 5338(g), and 5338(h) shall
specify the arrangements.
(2) Arrangements under this subsection shall include
provisions that may be necessary for--
(A) * * *
* * * * * * *
(D) assurances of employment to employees of acquired
[mass] public transportation systems;
* * * * * * *
Sec. 5334. Administrative provisions
(a) General Authority.--In carrying out this chapter, the
Secretary of Transportation may--
(1) * * *
* * * * * * *
(9) include in an agreement or instrument under this
chapter a covenant or term the Secretary of
Transportation considers necessary to carry out this
chapter; [and]
(10) collect fees to cover the costs of training or
conferences, including costs of promotional materials,
sponsored by the Federal Transit Administration to
promote [mass] public transportation and credit amounts
collected to the appropriation concerned[.]; and
(11) issue regulations as necessary to carry out the
purposes of this chapter.
(b) Prohibitions Against Regulating Operations and Charges.--
(1) In general.--Except for purposes of national
defense or in the event of a national or regional
emergency, the Secretary may not regulate the
operation, routes, or schedules of a public
transportation system for which a grant is made under
this chapter, nor may the Secretary regulate the rates,
fares, tolls, rentals, or other charges prescribed by
any provider of public transportation.
(2) Limitation on statutory construction.--Nothing in
this subsection shall be construed to prevent the
Secretary from requiring a recipient of funds under
this chapter to comply with the terms and conditions of
its Federal assistance agreement.
[(b)] (c) Procedures for Prescribing Regulations.--(1) The
Secretary of Transportation shall prepare an agenda listing all
areas in which the Secretary intends to propose regulations
governing activities under this chapter within the following 12
months. The Secretary shall publish the proposed agenda in the
Federal Register as part of the Secretary's semiannual
regulatory agenda that lists regulatory activities of the
Federal Transit Administration. The Secretary shall submit the
agenda to the Committees on Transportation and Infrastructure
and Appropriations of the House of Representatives and the
Committees on Banking, Housing, and Urban Affairs and
Appropriations of the Senate on the day the agenda is
published.
* * * * * * *
(4) The Secretary of Transportation shall comply with this
section (except [subsections (h) and (i)] subsection (i)) and
sections 5323(a)(2), [5323(c), 5323(e), 5324(c),] 5325(a),
5325(b), 5326(c), and 5326(d) when proposing or carrying out a
regulation governing an activity under this chapter, except for
a routine matter or a matter with no significant impact.
(5) Nonregulatory substantive policy statements.--The
Secretary shall provide notice and an opportunity for
public comment at least 60 days before issuing any
nonregulatory substantive policy statements (regardless
of the form of issuance), including guidance, policy
statements, and regulatory interpretations.
[(c)] (d) Budget Program and Set of Accounts.--The Secretary
of Transportation shall--
(1) submit each year a budget program as provided in
section 9103 of title 31; and
(2) maintain a set of accounts for audit under
chapter 35 of title 31.
[(d)] (e) Depository and Availability of Amounts.--The
Secretary of Transportation shall deposit amounts made
available to the Secretary under this chapter in a checking
account in the Treasury. Receipts, assets, and amounts obtained
or held by the Secretary to carry out this chapter are
available for administrative expenses to carry out this
chapter.
[(e)] (f) Binding Effect of Financial Transaction.--A
financial transaction of the Secretary of Transportation under
this chapter and a related voucher are binding on all officers
and employees of the United States Government.
[(f)] (g) Dealing With Acquired Property.--Notwithstanding
another law related to the Government acquiring, using, or
disposing of real property, the Secretary of Transportation may
deal with property acquired under subsection (a)(3) or (4) of
this section in any way. However, this subsection does not--
(1) * * *
* * * * * * *
[(g)] (h) Transfer of Assets No Longer Needed.--(1) If a
recipient of assistance under this chapter decides an asset
acquired under this chapter at least in part with that
assistance is no longer needed for the purpose for which it was
acquired, the Secretary of Transportation may authorize the
recipient to transfer the asset to a local governmental
authority to be used for a public purpose with no further
obligation to the Government. The Secretary may authorize a
transfer for a public purpose other than [mass] public
transportation only if the Secretary decides--
(A) * * *
* * * * * * *
(4) Proceeds from the sale of transit assets.--
(A) In general.--When real property,
equipment, or supplies acquired with assistance
under this chapter are no longer needed for
[mass] public transportation purposes as
determined under the applicable assistance
agreement, the Secretary may authorize the
sale, transfer, or lease of the assets under
conditions determined by the Secretary and
subject to the requirements of this subsection.
* * * * * * *
[(h)] (i) Transfer of Amounts and Non-Government Share.--(1)
Amounts made available for a [mass] public transportation
project under title 23 shall be transferred to and administered
by the Secretary of Transportation under this chapter. Amounts
made available for a highway project under this chapter shall
be transferred to and administered by the Secretary under title
23.
(2) The provisions of title 23 related to the non-Government
share apply to amounts under title 23 used for [mass] public
transportation projects. The provisions of this chapter related
to the non-Government share apply to amounts under this chapter
used for highway projects.
[(i) Authority of Secretary of Housing and Urban
Development.--The Secretary of Housing and Urban Development
shall--
[(1) carry out section 5312(a) and (b)(1) of this
title related to--
[(A) urban transportation systems and planned
development of urban areas; and
[(B) the role of transportation planning in
overall urban planning; and
[(2) advise and assist the Secretary of
Transportation in making findings under section
5323(a)(1)(A) of this title.]
* * * * * * *
[Sec. 5335. Reports and audits]
Sec. 5335. National transit database
(a) National Transit Database.--[(1) To help] To help meet
the needs of individual [mass] public transportation systems,
the United States Government, State and local governments, and
the public for information on which to base [mass] public
transportation service planning, the Secretary of
Transportation shall maintain a reporting system, using uniform
categories to accumulate [mass] public transportation financial
and operating information and using a uniform system of
accounts. The reporting and uniform systems shall contain
appropriate information to help any level of government make a
public sector investment decision. The Secretary may request
and receive appropriate information from any source.
[(2) The Secretary] (b) Reporting and Uniform Systems.--The
Secretary may make a grant under section 5307 of this title
only if the applicant, and any person that will receive
benefits directly from the grant, are subject to the reporting
and uniform systems.
[(b) Biennial Transferability Report.--In January 1993, the
Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report on carrying out section
5307(b)(5) of this title. The report shall--
[(1) identify, by State, the amount of mass
transportation money transferred for non-mass
transportation purposes under section 5307(b)(5) of
this title during the prior fiscal year;
[(2) include an assessment of the impact of the
transfers on the mass transportation needs of
individuals and communities in the State, including the
impact on--
[(A) the State's ability to meet the mass
transportation needs of elderly individuals and
individuals with disabilities;
[(B) efforts to meet the objectives of the
Clean Air Act (42 U.S.C. 7401 et seq.) and the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.); and
[(C) the State's efforts to extend public
mass transportation services to unserved rural
areas; and
[(3) examine the relative levels of Government mass
transportation assistance and services in urban and
rural areas in the fiscal year that ended September 30,
1991, and the extent to which the assistance and
service has changed in later fiscal years because of
mass transportation resources made available under this
chapter and the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240, 105 Stat.
1914).]
Sec. 5336. Apportionment of appropriations for formula grants
(a) Based on Urbanized Area Population.--Of the amount made
available or appropriated under section 5338(a) [of this title]
to carry out section 5307--
(1) * * *
(2) 90.68 percent shall be apportioned each fiscal
year only in urbanized areas with populations of at
least 200,000 as provided in subsections (b) and (c) of
this section, except that the amount apportioned to the
Anchorage urbanized area under subsection (b) shall be
available to the Alaska Railroad for any costs related
to its passenger operations.
(b) Based on Fixed Guideway Revenue Vehicle-Miles, Route-
Miles, and Passenger-Miles.--(1) In this subsection, ``fixed
guideway revenue vehicle-miles'' and ``fixed guideway route-
miles'' include ferry boat operations directly or under
contract by the designated recipient and the Alaska Railroad
passenger operations.
* * * * * * *
(g) Transfers of Apportionments.--(1) The chief executive
officer of a State may transfer any part of the State's
apportionment under subsection (a)(1) of this section to
supplement amounts apportioned to the State under section
5311(c) of this title or amounts apportioned to urbanized areas
under this subsection. The chief executive officer may make a
transfer only after consulting with responsible local officials
and publicly owned operators of [mass] public transportation in
each area for which the amount originally was apportioned under
this section.
* * * * * * *
(j) Application of Other Sections.--Sections 5302, 5318,
5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to
this section and to [a grant made under] a grant made with
funds apportioned under this section. Except as provided in
this section, no other provision of this chapter applies to
this section or to [a grant made under] a grant made with funds
apportioned under this section.
(k) Certain Urbanized Areas Grandfathered.--An area
designated an urbanized area under the 1980 census and not
designated an urbanized area under the 1990 census for the
fiscal year ending September 30, 1993, is eligible to receive--
(1) 50 percent of the amount the area would have
received if the area had been an urbanized area as
defined by [section 5302(a)(13) of this title] section
5302(a); and
* * * * * * *
[Sec. 5337. Apportionment of appropriations for fixed guideway
modernization
[(a) Distribution.--The Secretary shall apportion amounts
made available for fixed guideway modernization under section
5309 for each of fiscal years 1998 through 2003 as follows:]
Sec. 5337. Apportionment based on fixed guideway factors
(a) Distribution.--The Secretary shall apportion amounts made
available for fixed guideway modernization under sections
5338(b) and 5338(g) as follows:
(1) * * *
(2) The next $70,000,000 shall be apportioned as
follows:
(A) * * *
(B) 50 percent in other urbanized areas
eligible for assistance under section
5336(b)(2)(A) to which amounts were apportioned
under this section for fiscal year 1997, as
provided in section 5336(b)(2)(A) and
subsection [(e)(1)] (e) of this section.
(3) The next $5,700,000 shall be apportioned in the
following urbanized areas as follows:
(A) * * *
* * * * * * *
(D) 21.72 percent in urbanized areas to which
paragraph (2)(B) applies, as provided in
section 5336(b)(2)(A) and subsection [(e)(1)]
(e) of this section.
(4) The next $186,600,000 shall be apportioned in
each urbanized area to which paragraph (1) applies and
in each urbanized area to which paragraph (2)(B)
applies, as provided in section 5336(b)(2)(A) and
subsection [(e)(1)] (e) of this section.
(5) The next $70,000,000 shall be apportioned as
follows:
(A) 65 percent in the urbanized areas listed
in paragraph (1), as provided in section
5336(b)(2)(A) and subsection [(e)(2)] (e) of
this section.
(B) 35 percent to other urbanized areas
eligible for assistance under section
5336(b)(2)(A) if the areas contain fixed
guideway systems placed in revenue service at
least 7 years before the fiscal year in which
amounts are made available and in any urbanized
area if, before the first day of the fiscal
year, the area satisfies the Secretary that the
area has modernization needs that cannot
adequately be met with amounts received under
section 5336(b)(2)(A), as provided in section
5336(b)(2)(A) and subsection [(e)(2)] (e) of
this section.
(6) The next $50,000,000 shall be apportioned as
follows:
(A) 60 percent in the urbanized areas listed
in paragraph (1), as provided in section
5336(b)(2)(A) and subsection [(e)(2)] (e) of
this section.
(B) 40 percent to urbanized areas to which
paragraph (5)(B) applies, as provided in
section 5336(b)(2)(A) and subsection [(e)(2)]
(e) of this section.
(7) Remaining amounts shall be apportioned as
follows:
(A) 50 percent in the urbanized areas listed
in paragraph (1), as provided in section
5336(b)(2)(A) and subsection [(e)(2)] (e) of
this section.
(B) 50 percent to urbanized areas to which
paragraph (5)(B) applies, as provided in
section 5336(b)(2)(A) and subsection [(e)(2)]
(e) of this section.
* * * * * * *
(e) Route Segments To Be Included in Apportionment
Formulas.--
[(1) 1997 standard.--Amounts apportioned under
paragraphs (2)(B), (3), and (4) of subsection (a) shall
have attributable to each urbanized area only the
number of fixed guideway revenue miles of service and
number of fixed guideway route miles for segments of
fixed guideway systems used to determine apportionments
for fiscal year 1997.
[(2) Other standards.--] Amounts apportioned under
paragraphs (5) through (7) of subsection (a) shall have
attributable to each urbanized area only the number of
fixed guideway revenue miles of service and number of
fixed guideway route-miles for segments of fixed
guideway systems placed in revenue service at least 7
years before the fiscal year in which amounts are made
available.
[Sec. 5338. Authorizations
[(a) Formula Grants.--
[(1) Fiscal year 1998.--
[(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5307,
5310, and 5311, $2,260,000,000 for fiscal year
1998.
[(B) From the general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out sections 5307, 5310, and 5311,
$240,000,000 for fiscal year 1998.
[(C) Allocation of funds.--Of the aggregate
of amounts made available by and appropriated
under this paragraph for a fiscal year--
[(i) $4,849,950 shall be available to
the Alaska Railroad for improvements to
its passenger operations under section
5307;
[(ii) $62,219,389 shall be available
to provide transportation services to
elderly individuals and individuals
with disabilities under section 5310;
[(iii) $134,077,934 shall be
available to provide financial
assistance for other than urbanized
areas under section 5311; and
[(iv) $2,298,852,727 shall be
available to provide financial
assistance for urbanized areas under
section 5307.
[(2) Fiscal years 1999 through 2003 and for the
period of october 1, 2003, through april 30, 2004.--
[(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5307,
5308, 5310, and 5311--
[(i) $2,280,000,000 for fiscal year
1999;
[(ii) $2,478,400,000 for fiscal year
2000;
[(iii) $2,676,000,000 for fiscal year
2001;
[(iv) $2,873,600,000 for fiscal year
2002;
[(v) $3,071,200,000 for fiscal year
2003; and
[(vi) $1,780,963,287 for the period
of October 1, 2003, through April 30,
2004.
[(B) From the general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out sections 5307, 5308, 5310, and 5311--
[(i) $570,000,000 for fiscal year
1999;
[(ii) $619,600,000 for fiscal year
2000;
[(iii) $669,000,000 for fiscal year
2001;
[(iv) $718,400,000 for fiscal year
2002;
[(v) $767,800,000 for fiscal year
2003; and
[(vi) $445,240,822 for the period of
October 1, 2003, through April 30,
2004.
[(C) Allocation of funds.--Of the aggregate
of amounts made available by and appropriated
under this paragraph for a fiscal year (other
than for the period of October 1, 2003, through
April 30, 2004)--
[(i) $4,849,950 shall be available to
the Alaska Railroad for improvements to
its passenger operations under section
5307;
[(ii) $50,000,000 shall be available
to carry out section 5308; and
[(iii) of the remaining amount--
[(I) 2.4 percent shall be
available to provide
transportation services to
elderly individuals and
individuals with disabilities
under section 5310;
[(II) 6.37 percent shall be
available to provide financial
assistance for other than
urbanized areas under section
5311; and
[(III) 91.23 percent shall be
available to provide financial
assistance for urbanized areas
under section 5307.
[(b) Capital Program Grants and Loans.--
[(1) Fiscal year 1998.--There shall be available from
the Mass Transit Account of the Highway Trust Fund to
carry out section 5309, $2,000,000,000 for fiscal year
1998.
[(2) Fiscal years 1999 through 2003 and for the
period of october 1, 2003, through february 29, 2004.--
[(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out section 5309--
[(i) $1,805,600,000 for fiscal year
1999;
[(ii) $1,960,800,000 for fiscal year
2000;
[(iii) $2,116,800,000 for fiscal year
2001;
[(iv) $2,272,800,000 for fiscal year
2002;
[(v) $2,428,800,000 for fiscal year
2003; and
[(vi) $1,022,503,342 for the period
of October 1, 2003, through February
29, 2004.
[(B) From the general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out section 5309--
[(i) $451,400,000 for fiscal year
1999;
[(ii) $490,200,000 for fiscal year
2000;
[(iii) $529,200,000 for fiscal year
2001;
[(iv) $568,200,000 for fiscal year
2002;
[(v) $607,200,000 for fiscal year
2003; and
[(vi) $255,801,669 for the period of
October 1, 2003, through February 29,
2004.
[(c) Planning.--
[(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out sections 5303, 5304, 5305,
and 5313(b), $47,750,000 for fiscal year 1998.
[(2) Fiscal years 1999 through 2003 and for the
period of october 1, 2003, through february 29, 2004.--
[(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5303,
5304, 5305, and 5313(b)--
[(i) $42,200,000 for fiscal year
1999;
[(ii) $48,400,000 for fiscal year
2000;
[(iii) $50,200,000 for fiscal year
2001;
[(iv) $53,800,000 for fiscal year
2002;
[(v) $58,600,000 for fiscal year
2003; and
[(vi) $24,636,667 for the period of
October 1, 2003, through February 29,
2004.
[(B) From the general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out sections 5303, 5304, 5305, and
5313(b)--
[(i) $10,800,000 for fiscal year
1999;
[(ii) $11,600,000 for fiscal year
2000;
[(iii) $12,800,000 for fiscal year
2001;
[(iv) $13,200,000 for fiscal year
2002;
[(v) $14,400,000 for fiscal year
2003; and
[(vi) $6,100,000 for the period of
October 1, 2003, through February 29,
2004.
[(C) Allocation of funds.--Of the funds made
available by or appropriated under this
paragraph for a fiscal year or any portion of a
fiscal year--
[(i) 82.72 percent shall be available
for metropolitan planning under
sections 5303, 5304, and 5305; and
[(ii) 17.28 percent shall be
available for State planning under
section 5313(b).
[(d) Research.--
[(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out sections 5311(b)(2), 5312,
5313(a), 5314, 5315, and 5322, $44,250,000 for fiscal
year 1998.
[(2) Fiscal years 1999 through 2003 and for the
period of october 1, 2003, through february 29, 2004.--
[(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections
5311(b)(2), 5312, 5313(a), 5314, 5315, and
5322--
[(i) $36,000,000 for fiscal year
1999;
[(ii) $37,600,000 for fiscal year
2000;
[(iii) $37,600,000 for fiscal year
2001;
[(iv) $39,200,000 for fiscal year
2002;
[(v) $39,200,000 for fiscal year
2003; and
[(vi) $16,536,667 for the period of
October 1, 2003, through February 29,
2004.
[(B) From the general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out sections 5311(b)(2), 5312, 5313(a),
5314, 5315, and 5322--
[(i) $9,000,000 for fiscal year 1999;
[(ii) $9,400,000 for fiscal year
2000;
[(iii) $9,400,000 for fiscal year
2001;
[(iv) $9,800,000 for fiscal year
2002;
[(v) $9,800,000 for fiscal year 2003;
and
[(vi) $4,095,000 for the period of
October 1, 2003, through February 29,
2004.
[(C) Allocation of funds.--Of the funds made
available by or appropriated under this
paragraph for a fiscal year (other than for the
period of October 1, 2003, through February 29,
2004)--
[(i) not less than $5,250,000 shall
be available for providing rural
transportation assistance under section
5311(b)(2);
[(ii) not less than $8,250,000 shall
be available for carrying out transit
cooperative research programs under
section 5313(a);
[(iii) not less than $4,000,000 shall
be available to carry out programs
under the National Transit Institute
under section 5315, including not more
than $1,000,000 shall be available to
carry out section 5315(a)(16); and
[(iv) the remainder shall be
available for carrying out national
planning and research programs under
sections 5311(b)(2), 5312, 5313(a),
5314, and 5322.
[(e) University Transportation Research.--
[(1) Fiscal year 1998.--Subject to paragraph (2)(C),
there are authorized to be appropriated to carry out
section 5505 $6,000,000 for fiscal year 1998.
[(2) Fiscal years 1999 through 2003 and for the
period of october 1, 2003, through february 29, 2004.--
[(A) From the trust fund.--Subject to
subparagraph (C), there shall be available from
the Mass Transit Account of the Highway Trust
Fund to carry out section 5505, $4,800,000 for
each of fiscal years 1999 through 2003 and
$2,020,833 for the period of October 1, 2003,
through February 29, 2004.
[(B) From the general fund.--Subject to
subparagraph (C), in addition to amounts made
available under subparagraph (A), there are
authorized to be appropriated to carry out
section 5505, $1,200,000 for each of fiscal
years 1999 through 2003 and $505,833 for the
period of October 1, 2003, through February 29,
2004.
[(C) Funding of centers.--
[(i) Of the amounts made available
under subparagraph (A) and paragraph
(1) for each fiscal year (other than
for the period of October 1, 2003,
through February 29, 2004)--
[(I) $2,000,000 shall be
available for the center
identified in section
5505(j)(4)(A); and
[(II) $2,000,000 shall be
available for the center
identified in section
5505(j)(4)(F).
[(ii) For each of fiscal years 1998
through 2001, of the amounts made
available under this paragraph and
paragraph (1)--
[(I) $400,000 shall be
available from amounts made
available under subparagraph
(A) of this paragraph and under
paragraph (1) for each of the
centers identified in
subparagraphs (E) and (F) of
section 5505(j)(3); and
[(II) $350,000 shall be
available from amounts made
available under subparagraph
(B) of this paragraph and under
paragraph (1) for each of the
centers identified in
subparagraphs (E) and (F) of
section 5505(j)(3).
[(iii) Any amounts made available
under this paragraph or paragraph (1)
for any fiscal year (other than for the
period of October 1, 2003, through
February 29, 2004) that remain after
distribution under clauses (i) and
(ii), shall be available for the
purposes identified in section 3015(d)
of the Federal Transit Act of 1998.
[(3) Special rule.--Nothing in this subsection shall
be construed to limit the transportation research
conducted by the centers funded by this section.
[(f) Administration.--
[(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out section 5334, $45,738,000 for
fiscal year 1998.
[(2) Fiscal years 1999 through 2003 and for the
period of october 1, 2003, through february 29, 2004.--
[(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out section 5334--
[(i) $43,200,000 for fiscal year
1999;
[(ii) $48,000,000 for fiscal year
2000;
[(iii) $51,200,000 for fiscal year
2001;
[(iv) $53,600,000 for fiscal year
2002;
[(v) $58,400,000 for fiscal year
2003; and
[(vi) $24,585,834 for the period of
October 1, 2003, through February 29,
2004.
[(B) From the general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out section 5334--
[(i) $10,800,000 for fiscal year
1999;
[(ii) $12,000,000 for fiscal year
2000;
[(iii) $12,800,000 for fiscal year
2001;
[(iv) $13,400,000 for fiscal year
2002;
[(v) $14,600,000 for fiscal year
2003; and
[(vi) $6,150,833 for the period of
October 1, 2003, through February 29,
2004.
[(g) Grants as Contractual Obligations.--
[(1) Grants financed from the highway trust fund.--A
grant or contract approved by the Secretary, that is
financed with amounts made available under subsection
(a)(1)(A), (a)(2)(A), (b)(1), (b)(2)(A), (c)(2)(A),
(d)(2)(A), (e)(2)(A), or (f)(2)(A) is a contractual
obligation of the United States Government to pay the
Government's share of the cost of the project.
[(2) Grants financed from general funds.--A grant or
contract, approved by the Secretary, that is financed
with amounts made available under subsection (a)(1)(B),
(a)(2)(B), (b)(2)(B), (c)(1), (c)(2)(B), (d)(1),
(d)(2)(B), (e)(1), (e)(2)(B), (f)(1), (f)(2)(B), or (h)
is a contractual obligation of the Government to pay
the Government's share of the cost of the project only
to the extent that amounts are provided in advance in
an appropriations Act.
[(h) Additional Amounts.--In addition to amounts made
available by or appropriated under subsections (a) through (f)
under the Transportation Discretionary Spending Guarantee for
the Mass Transit Category, there are authorized to be
appropriated--
[(1) to carry out sections 5303, 5304, 5305, and
5313(b)--
[(A) for fiscal year 1999, $32,000,000;
[(B) for fiscal year 2000, $33,000,000;
[(C) for fiscal year 2001, $34,000,000;
[(D) for fiscal year 2002, $35,000,000; and
[(E) for fiscal year 2003, $36,000,000;
[(2) to carry out section 5307, $150,000,000 for each
of fiscal years 1999 through 2003;
[(3) to carry out section 5308, $100,000,000 for each
of fiscal years 1999 through 2003;
[(4) to carry out section 5309(m)(1)(A), $100,000,000
for each of fiscal years 1999 through 2003;
[(5) to carry out section 5309(m)(1)(B)--
[(A) for fiscal year 1999 $400,000,000;
[(B) for fiscal year 2000 $410,000,000;
[(C) for fiscal year 2001 $420,000,000;
[(D) for fiscal year 2002 $430,000,000; and
[(E) for fiscal year 2003 $430,000,000;
[(6) to carry out section 5309(m)(1)(C), $100,000,000
for each of fiscal years 1999 through 2003;
[(7) to carry out sections 5311(b)(2), 5312, 5313(a),
5314, 5315, and 5322--
[(A) for fiscal year 1999, $31,000,000;
[(B) for fiscal year 2000, $31,000,000;
[(C) for fiscal year 2001, $33,000,000;
[(D) for fiscal year 2002, $33,000,000; and
[(E) for fiscal year 2003, $34,000,000; and
[(8) to carry out section 5334--
[(A) for fiscal year 1999, $13,000,000;
[(B) for fiscal year 2000, $14,000,000;
[(C) for fiscal year 2001, $16,000,000;
[(D) for fiscal year 2002, $17,000,000; and
[(E) for fiscal year 2003, $18,000,000.
[(i) Availability of Amounts.--Amounts made available by or
appropriated under subsections (a) through (e), and paragraphs
(1) through (7) of subsection (h), shall remain available until
expended.]
Sec. 5338. Authorizations
(a) Formula Grants.--
(1) Fiscal year 2004.--
(A) From trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5307,
5308, 5310, 5311, 5316, 5317, 5318, and 5320 of
this chapter, 1118(b) of the Transportation
Equity Act: A Legacy for Users (relating to the
nonmotorized transportation pilot program), and
section 3038 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 5310 note; 112
Stat. 392-393) $3,132,304,000 for fiscal year
2004.
(B) From general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out sections 5307, 5308, 5310, 5311,
5316, 5317, and 5318 of this chapter, 1118(b)
of the Transportation Equity Act: A Legacy for
Users (relating to the nonmotorized
transportation pilot program), and section 3038
of the Transportation Equity Act for the 21st
Century (49 U.S.C. 5310 note; 112 Stat. 392-
393) $783,076,000 for fiscal year 2004.
(C) Allocation of funds.--Of the aggregate of
amounts made available by and appropriated
under this paragraph for a fiscal year--
(i) $4,849,950 shall be available to
the Alaska Railroad for improvements to
its passenger operations under section
5307;
(ii) $125,000,000 shall be available
to provide job access and reverse
commute formula grants under section
5316;
(iii) $50,000,000 shall be available
to carry out the New Freedom program
under section 5317;
(iv) $50,000,000 shall be available
to provide clean fuels formula grants
under section 5308;
(v) $8,000,000 shall be available to
carry out the transit in the parks
pilot program under section 5320;
(vi) $4,000,000 shall be available to
carry out the nonmotorized
transportation pilot program under
section 1118(b) of the Transportation
Equity Act: A Legacy for Users;
(vii) $8,000,000 shall be available
to provide over-the-road bus
accessibility grants under section 3038
of the Transportation Equity Act for
the 21st Century (49 U.S.C. 5310 note);
(viii) $3,100,000 shall be available
to carry out bus testing under section
5318;
(ix) $91,560,751 shall be available
to provide transportation services to
elderly individuals and individuals
with disabilities under section 5310;
(x) $292,994,404 shall be available
to provide financial assistance for
other than urbanized areas under
section 5311; and
(xi) $3,277,874,895 shall be
available to provide financial
assistance for urbanized areas under
section 5307, subject to section
3041(h) of the Federal Public
Transportation Act of 2004.
(2) Fiscal years 2005 through 2009.--
(A) From trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5307,
5308, 5310, 5311, 5316, 5317, 5318, and 5320 of
this chapter, section 3038 of the
Transportation Equity Act for the 21st Century
(49 U.S.C. 5310 note; 112 Stat. 392-393), and
section 1118(b) of the Transportation Equity
Act: A Legacy for Users (relating to the
nonmotorized transportation pilot program)--
(i) $4,181,125,000 for fiscal year
2005;
(ii) $4,464,295,000 for fiscal year
2006;
(iii) $4,766,420,000 for fiscal year
2007;
(iv) $5,089,172,500 for fiscal year
2008; and
(v) $5,433,667,500 for fiscal year
2009.
(B) Allocation of funds for bus testing and
over-the-road bus accessibility.--Of the
aggregate of amounts made available by this
paragraph for a fiscal year--
(i) $3,100,000 shall be available to
carry out section 5318; and
(ii) $8,000,000 shall be available to
carry out section 3038 of the
Transportation Equity Act for the 21st
Century (49 U.S.C. 5310 note).
(C) Allocation of funds for clean fuels
formula grant program.--Of the aggregate of
amounts made available by this paragraph,
$75,000,000 for fiscal year 2005 and
$100,000,000 for each of fiscal years 2006,
2007, 2008, and 2009 shall be available to
carry out section 5308.
(D) Allocation of funds for job access and
reverse commute formula grant program.--Of the
aggregate of amounts made available by this
paragraph, $150,000,000 for fiscal year 2005,
$175,000,000 for fiscal year 2006, $200,000,000
for fiscal year 2007, $200,000,000 for fiscal
year 2008, and $200,000,000 for fiscal year
2009 shall be available to carry out section
5316.
(E) Allocation of funds for new freedom
program.--Of the aggregate of amounts made
available by this paragraph, $95,000,000 for
fiscal year 2005, $100,000,000 for fiscal year
2006, $105,000,000 for fiscal year 2007,
$115,000,000 for fiscal year 2008, and
$125,000,000 for fiscal year 2009 shall be
available to carry out section 5317.
(F) Allocation of funds for transit in the
parks pilot program.--Of the aggregate of
amounts made available by this paragraph,
$8,000,000 for fiscal year 2005, $16,000,000
for fiscal year 2006, $16,000,000 for fiscal
year 2007, $16,000,000 for fiscal year 2008,
and $16,000,000 for fiscal year 2009 shall be
available to carry out section 5320.
(G) Allocation of funds for nonmotorized
transportation pilot program.--Of the aggregate
of amounts made available by this paragraph,
$4,000,000 for fiscal year 2005, $4,000,000 for
fiscal year 2006, $4,000,000 for fiscal year
2007, $8,000,000 for fiscal year 2008, and
$8,000,000 for fiscal year 2009 shall be
available to carry out section 1118(b) of the
Transportation Equity Act: A Legacy for Users
(relating to the nonmotorized transportation
pilot program).
(H) Allocation of funds for the alaska
railroad.--Of the aggregate of amounts made
available by this paragraph, $10,000,000 for
fiscal year 2005, $11,000,000 for fiscal year
2006, $12,000,000 for fiscal year 2007,
$13,000,000 for fiscal year 2008, and
$14,000,000 for fiscal year 2009 shall be
available to the Alaska Railroad for
improvements to its passenger operations under
section 5307.
(I) Remainder.--Of the remainder of the
aggregate amounts made available by this
paragraph for a fiscal year after the
allocations under subparagraphs (B) through (H)
for such fiscal year--
(i) 2.5 percent shall be available to
provide transportation services to
elderly individuals and individuals
with disabilities under section 5310;
(ii) 8.0 percent shall be available
to provide financial assistance for
other than urbanized areas under
section 5311; and
(iii) 89.5 percent shall be available
to provide financial assistance for
urbanized areas under section 5307,
subject to section 3041(h) of the
Federal Public Transportation Act of
2004.
(b) Capital Program Grants in Fiscal Year 2004.--
(1) From trust fund.--There shall be available from
the Mass Transit Account of the Highway Trust Fund to
carry out section 5309, $2,499,504,000 for fiscal year
2004.
(2) From general fund.--In addition to amounts made
available by paragraph (1), there is authorized to be
appropriated to carry out section 5309, $624,876,200
for fiscal year 2004.
(c) Planning.--
(1) Fiscal year 2004.--
(A) From trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5303,
5304, and 5305, $72,660,000 for fiscal year
2004.
(B) From general fund.--In addition to
amounts made available by subparagraph (A),
there is authorized to be appropriated to carry
out sections 5303, 5304, and 5305, $18,165,000
for fiscal year 2004.
(2) Fiscal years 2005 through 2009.--
(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5303,
5304, and 5305--
(i) $96,875,000 for fiscal year 2005;
(ii) $103,325,000 for fiscal year
2006;
(iii) $110,200,000 for fiscal year
2007;
(iv) $117,537,500 for fiscal year
2008; and
(v) $125,362,500 for fiscal year
2009.
(B) Allocation of funds.--Of the funds made
available by this paragraph for a fiscal year--
(i) 82.72 percent shall be available
for metropolitan planning under
sections 5303, 5304, and 5305 (other
than 5305(e)); and
(ii) 17.28 percent shall be available
for State planning under section
5305(e).
(d) Research.--
(1) Fiscal year 2004.--
(A) From trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections
5311(b), 5312, 5313, 5314, 5315, 5322, and
5335, $41,888,000 for fiscal year 2004.
(B) From general fund.--In addition to
amounts made available by subparagraph (A),
there is authorized to be appropriated to carry
out sections 5311(b), 5312, 5313, 5314, 5315,
5322, and 5335, $10,472,000 for fiscal year
2004.
(C) Allocation of funds.--Of the funds made
available by or appropriated pursuant to this
paragraph for fiscal year 2004--
(i) not less than $4,500,000 shall be
available to carry out programs under
the National Transit Institute under
section 5315;
(ii) not less than $3,500,000 shall
be available to carry out section 5335;
(iii) not less than $3,500,000 shall
be available to carry out section
5314(a)(2); and
(iv) not less than $8,860,000 shall
be available to carry out section
5313(a).
(2) Fiscal years 2005 through 2009.--
(A) From the general fund.--There is
authorized to be appropriated to carry out
sections 5312, 5313, 5314, 5315, 5322, and
5335--
(i) $54,500,000 for fiscal year 2005;
(ii) $57,000,000 for fiscal year
2006;
(iii) $59,500,000 for fiscal year
2007;
(iv) $62,000,000 for fiscal year
2008; and
(v) $64,500,000 for fiscal year 2009.
(B) Allocation of funds.--Of the funds
appropriated pursuant to this paragraph for a
fiscal year--
(i) not less than $4,500,000 shall be
available to carry out programs under
the National Transit Institute under
section 5315;
(ii) not less than $3,500,000 shall
be available to carry out section 5335;
and
(iii) not less than $3,500,000 shall
be available to carry out section
5314(a)(2).
(C) Transit cooperative research program.--Of
the funds appropriated pursuant to this
paragraph, $9,000,000 for fiscal year 2005,
$9,500,000 for fiscal year 2006, $10,000,000
for fiscal year 2007, $10,500,000 for fiscal
year 2008, and $11,000,000 for fiscal year 2009
shall be available to carry out section
5313(a).
(D) Remainder.--The remainder of the funds
appropriated pursuant to this paragraph for a
fiscal year after the allocations under
subparagraphs (A) and (B) for such fiscal year
shall be available to carry out national
research and technology programs under sections
5312, 5314, and 5322.
(e) University Transportation Research.--
(1) Fiscal year 2004.--
(A) From trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5505
and 5506, $6,400,000 for fiscal year 2004.
(B) From general fund.--In addition to
amounts made available by subparagraph (A),
there is authorized to be appropriated to carry
out sections 5505 and 5506, $1,600,000 for
fiscal year 2004.
(2) Fiscal years 2005 through 2009.--Subject to
paragraph (3), there is authorized to be appropriated
to carry out sections 5505 and 5506, $8,000,000 for
each of fiscal years 2005 through 2009.
(3) Funding of university transportation centers.--
(A) In general.--Of the amounts made
available by and appropriated under paragraphs
(1) and (2) $2,000,000 for each of fiscal years
2004, 2005, and 2006 shall be available for the
institution identified in section
5505(j)(3)(E), as so in effect.
(B) Use of funds.--Funds made available for
the institution identified in subparagraph
(A)(iii) shall be used to make grants under
5506(f)(5) for that institution
(C) Special rule.--Nothing in this subsection
shall be construed to limit the transportation
research conducted by the centers funded by
this section.
(f) Administration.--
(1) Fiscal year 2004.--
(A) From trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out section 5334,
$60,044,000 for fiscal year 2004.
(B) From general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out section 5334, $15,011,000 for fiscal
year 2004.
(2) Fiscal years 2005 through 2009.--There are
authorized to be appropriated to carry out section
5334--
(A) $77,000,000 for fiscal year 2005;
(B) $79,000,000 for fiscal year 2006;
(C) $81,000,000 for fiscal year 2007;
(D) $83,000,000 for fiscal year 2008; and
(E) $85,000,000 for fiscal year 2009.
(g) Trust Fund Capital Program Grants.--There shall be
available from the Mass Transit Account of the Highway Trust
Fund to carry out sections 5309(m)(2)(B)(i) and
5309(m)(2)(B)(iii)--
(1) $1,918,500,000 for fiscal year 2005;
(2) $2,027,628,000 for fiscal year 2006;
(3) $2,154,528,000 for fiscal year 2007;
(4) $2,305,974,000 for fiscal year 2008; and
(5) $2,452,482,000 for fiscal year 2009.
(h) General Fund Capital Program Grants.--There are
authorized to be appropriated to carry out sections
5309(m)(2)(A) and 5309(m)(2)(B)(ii)--
(1) $1,414,000,000 for fiscal year 2005;
(2) $1,526,752,000 for fiscal year 2006;
(3) 1,636,352,000 for fiscal year 2007;
(4) $1,737,316,000 for fiscal year 2008; and
(5) $1,859,998,000 for fiscal year 2009.
(i) Grants as Contractual Obligations.--
(1) Grants financed from highway trust fund.--A grant
or contract approved by the Secretary, that is financed
with amounts made available under subsection (a)(l)(A),
(a)(2), (b)(1), (c)(2), (d)(1)(A), (e)(1)(A),
(f)(1)(A), or (g) is a contractual obligation of the
Government to pay the Government's share of the cost of
the project.
(2) Grants financed from general fund.--A grant or
contract, approved by the Secretary, that is financed
with amounts made available under subsection (a)(l)(B),
(b)(2), (c)(1)(B), (d)(1)(B), (d)(2), (e)(1)(B),
(e)(2), (f)(1)(B), (f)(2), or (h) is a contractual
obligation of the Government to pay the Government's
share of the cost of the project only to the extent
that amounts are provided in advance in an
appropriations Act.
(j) Availability of Amounts.--Amounts made available by or
appropriated under subsections (a) through (h) shall remain
available until expended.
* * * * * * *
CHAPTER 55--INTERMODAL TRANSPORTATION
SUBCHAPTER I--GENERAL
Sec.
5501. National Intermodal Transportation System policy.
* * * * * * *
[5505. University transportation research.
[5506. Advanced vehicle technologies program.]
5505. National university transportation centers.
5506. University transportation research.
5507. Advanced heavy-duty vehicle technologies research program.
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 5502. Intermodal Transportation Advisory Board
(a) * * *
(b) Membership.--The Board consists of the Secretary, who
serves as chairman, and the Administrator, or the
Administrator's designee, of--
(1) * * *
* * * * * * *
(4) the Federal Railroad Administration; [and]
(5) the Federal Transit Administration[.]; and
(6) the Federal Motor Carrier Safety Administration.
* * * * * * *
[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) 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
508 of title 23, United States Code, 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.--Subject to section
5338(e):
[(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 or groups of institutions in
group A.
[(B) Group b.--The Secretary shall make a
grant in the amount of $300,000 to each of the
institutions or groups of institutions in group
B.
[(C) Group c.--The Secretary shall make a
grant in the amount of $750,000 to each of the
institutions or groups of 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 or groups of 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 or groups of institutions in
group A.
[(B) Group b.--The Secretary shall make a
grant in the amount of $500,000 to 8 of the
institutions or groups of institutions in group
B.
[(C) Group c.--The Secretary shall make a
grant in the amount of $750,000 to each of the
institutions or groups of 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 or groups of 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 or groups of 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 or groups of 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 or groups of 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 which may also include
West Virginia University Institute of
Technology, the College of West Virginia, and
Bluefield State College.
[(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.
[Sec. 5506. Advanced vehicle technologies program
[(a) Purposes.--The Secretary of Transportation, in
coordination with other government agencies and private
consortia, shall encourage and promote the research,
development, and deployment of transportation technologies that
will use technological advances in multimodal vehicles, vehicle
components, environmental technologies, and related
infrastructure to remove impediments to an efficient, safe, and
cost-effective national transportation system.
[(b) Definition of Eligible Consortium.--In this section, the
term ``eligible consortium'' means a consortium that receives
funding under the Department of Defense Appropriations Act,
1993 (Public Law 102-396; 106 Stat. 1876), and that comprises 2
or more of the following entities:
[(1) Businesses incorporated in the United States.
[(2) Public or private educational or research
organizations located in the United States.
[(3) Entities of State or local governments in the
United States.
[(4) Federal laboratories.
[(c) Program.--The Secretary shall enter into contracts,
cooperative agreements, and other transactions as authorized by
section 2371 of title 10 with, and make grants to, eligible
consortia to promote the development and deployment of
innovation in transportation technology services, management,
and operational practices.
[(d) Eligibility Criteria.--To be eligible to receive
assistance under this section, an eligible consortium shall--
[(1) for a period of not less than the 3 years
preceding the date of a contract, cooperative
agreement, or other transaction, be organized on a
statewide or multistate basis for the purpose of
designing, developing, and deploying transportation
technologies that address identified technological
impediments in the transportation field;
[(2) facilitate the participation in the consortium
of small- and medium-sized businesses, utilities,
public laboratories and universities, and other
relevant entities;
[(3) be actively engaged in transportation technology
projects that address compliance in nonattainment areas
under the Clean Air Act (42 U.S.C. 7401 et seq.);
[(4) be designed to use Federal and State funding to
attract private capital in the form of grants or
investments to carry out this section; and
[(5) ensure that at least 50 percent of the funding
for the consortium project will be provided by non-
Federal sources.
[(e) Proposals.--The Secretary shall prescribe such terms and
conditions as the Secretary determines to be appropriate for
the content and structure of proposals submitted for assistance
under this section.
[(f) Reporting Requirements.--At least once each year, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the projects undertaken by the eligible consortia and
the progress made in advancing the purposes of this section.
[(g) Authorization of Appropriations.--
[(1) In general.--There is authorized to be
appropriated to carry out this section $50,000,000 for
each of fiscal years 1999 through 2003, to remain
available until expended.
[(2) Availability.--Notwithstanding section 118(a),
funds made available under paragraph (1) shall not be
available in advance of an annual appropriation.]
Sec. 5505. National university transportation centers
(a) In General.--
(1) Establishment and operation.--The Secretary of
Transportation shall make grants under this section to
eligible nonprofit institutions of higher learning to
establish and operate national university
transportation centers.
(2) Role of centers.--The role of each center shall
be to advance significantly transportation research on
critical national transportation issues and to expand
the workforce of transportation professionals.
(b) Applicability of Requirements.--A grant received by an
eligible nonprofit institution of higher learning under this
section shall be available for the same purposes, and shall be
subject to the same terms and conditions, as a grant made to a
nonprofit institution of higher learning under section 5506.
(c) Eligible Nonprofit Institution of Higher Learning
Defined.--In this section, the term ``eligible nonprofit
institution of higher learning'' means each of the lead
institutions identified in subsections (j)(4)(A), (j)(4)(B),
and (j)(4)(F) of section 5505 as in effect on the day before
the date of enactment of the Transportation Equity Act: A
Legacy for Users, the university referred to in section 704 of
Public Law 103-206 (107 Stat. 2447), and the university that,
as of the day before such date of enactment, is the lead
institution for the regional university transportation center
for region 5 of the Standard Federal Regional Boundary System.
(d) Grants.--In each of fiscal years 2004 through 2009, the
Secretary shall make a grant under this section to each
eligible nonprofit institution of higher learning in an amount
not to exceed $3,500,000.
Sec. 5506. University transportation research
(a) In General.--The Secretary of Transportation shall make
grants under this section to nonprofit institutions of higher
learning to establish and operate university transportation
centers.
(b) Objectives.--Grants received under this section shall be
used by nonprofit institutions of higher learning to advance
significantly the state-of-the-art in transportation research
and expand the workforce of transportation professionals
through the following programs and activities:
(1) Research.--Basic and applied research, the
products of which are judged by peers or other experts
in the field of transportation to advance the body of
knowledge in transportation.
(2) Education.--An education program relating to
transportation that includes multidisciplinary course
work and participation in research.
(3) Technology transfer.--An ongoing program of
technology transfer that makes transportation research
results available to potential users in a form that can
be implemented, utilized, or otherwise applied.
(c) Regional, Tier I, and Tier II Centers.--
(1) In general.--For each of fiscal years 2004
through 2009, the Secretary shall make grants under
subsection (a) to nonprofit institutions of higher
learning to establish and operate--
(A) 10 regional university transportation
centers; and
(B) 10 Tier I university transportation
centers.
(2) Tier II centers.--For each of fiscal years 2005
through 2009, the Secretary shall make grants under
subsection (a) to nonprofit institutions of higher
learning to establish and operate 10 Tier II university
transportation centers.
(3) Location of regional centers.--One regional
university transportation center shall be located in
each of the 10 United States Government regions that
comprise the Standard Federal Regional Boundary System.
(4) Limitation.--A nonprofit institution of higher
learning may not directly receive a grant under this
section for a fiscal year for more than one university
transportation center.
(d) Competitive Selection Process.--
(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) General 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) The demonstrated research and extension
resources available to the recipient to carry
out this section.
(B) The capability of the recipient to
provide leadership in making national and
regional contributions to the solution of
immediate and long-range transportation
problems.
(C) The recipient's demonstrated commitment
of at least $400,000 each year in regularly
budgeted institutional amounts to support
ongoing transportation research and education
programs.
(D) The recipient's demonstrated ability to
disseminate results of transportation research
and education programs through a statewide or
regionwide continuing education program.
(E) The strategic plan the recipient proposes
to carry out under the grant.
(e) Regional University Transportation Centers.--
(1) Competition.--Not later than March 31, 2005, and
not later than March 31st of every 4th year thereafter,
the Secretary shall complete a competition among
nonprofit institutions of higher learning for grants to
establish and operate the 10 regional university
transportation centers referred to in subsection
(c)(1)(A).
(2) Selection criteria.--In conducting a competition
under paragraph (1), the Secretary shall select a
nonprofit institution of higher learning on the basis
of--
(A) the criteria described in subsection
(d)(2);
(B) the location of the center within the
Federal region to be served; and
(C) whether or not the institution (or, in
the case of a consortium of institutions, the
lead institution) can demonstrate that it has a
well-established, nationally recognized program
in transportation research and education, as
evidenced by--
(i) not less than $2,000,000 in
highway or public transportation
research expenditures each year for
each of the preceding 5 years;
(ii) not less than 10 graduate
degrees awarded in professional fields
closely related to highways and public
transportation for year for each of the
preceding 5 years;
(iii) not less than 5 tenured or
tenure-track faculty members who
specialize on a full-time basis in
professional fields closely related to
highways and public transportation; and
(iv) a faculty that has published a
total of at least 50 refereed journal
publications on highway or public
transportation research during the
preceding 5 years.
(3) Grant recipients.--After selecting a nonprofit
institution of higher learning as a grant recipient on
the basis of a competition conducted under this
subsection, the Secretary shall make a grant to the
recipient to establish and operate a regional
university transportation center in each of the first 4
fiscal years beginning after the date of the
competition.
(4) Special rule for fiscal years 2004 and 2005.--For
each of fiscal years 2004 and 2005, the Secretary shall
make a grant under this section to each of the 10
nonprofit institutions of higher learning that were
competitively selected for grants by the Secretary
under this section in July 1999 to operate regional
university transportation centers.
(5) Amount of grants.--For each of fiscal years 2004
through 2009, a grant made by the Secretary to a
nonprofit institution of higher learning for a fiscal
year to establish and operate a regional university
transportation center shall not exceed $3,500,000.
(f) Tier I University Transportation Centers.--
(1) Competition.--Not later than March 31, 2006, and
not later than March 31st of every 4th year thereafter,
the Secretary shall complete a competition among
nonprofit institutions of higher learning for grants to
establish and operate the 10 Tier I university
transportation centers referred to in subsection
(c)(1)(B).
(2) Selection criteria.--In conducting a competition
under paragraph (1), the Secretary shall select a
nonprofit institution of higher learning on the basis
of--
(A) the criteria described in subsection
(d)(2); and
(B) whether or not the institution (or, in
the case of a consortium of institutions, the
lead institution) can demonstrate that it has
an established, recognized program in
transportation research and education, as
evidenced by--
(i) not less than $1,000,000 in
highway or public transportation
research expenditures each year for
each of the preceding 5 years or not
less than $6,000,000 in such
expenditures during the 5 preceding
years;
(ii) not less than 5 graduate degrees
awarded in professional fields closely
related to highways and public
transportation each year for each of
the preceding 5 years;
(iii) not less than 3 tenured or
tenure-track faculty members who
specialize on a full-time basis in
professional fields closely related to
highways and public transportation; and
(iv) a faculty that has published a
total of at least 20 refereed journal
publications on highway or public
transportation research during the
preceding 5 years.
(3) Grant recipients.--After selecting a nonprofit
institution of higher learning as a grant recipient on
the basis of a competition conducted under this
subsection, the Secretary shall make a grant to the
recipient to establish and operate a Tier I university
transportation center in each of the first 4 fiscal
years beginning after the date of the competition.
(4) Special rule for fiscal years 2004, 2005, and
2006.--For each of fiscal years 2004, 2005, and 2006,
the Secretary shall make a grant under this section to
each of the 10 nonprofit institutions of higher
learning that were competitively selected for grant
awards by the Secretary under this section in May 2002
to operate university transportation centers (other
than regional centers).
(5) Amount of grants.--A grant made by the Secretary
to a nonprofit institution of higher learning for a
fiscal year to establish and operate a Tier I
university transportation center shall not exceed
$1,000,000 for fiscal year 2004 and $1,500,000 for each
of fiscal years 2005 through 2009.
(g) Tier II University Transportation Centers.--
(1) Competition.--Not later than August 31, 2004, not
later than March 31, 2008, and not later than March
31st of every 4th year thereafter, the Secretary shall
complete a competition among nonprofit institutions of
higher learning for grants to establish and operate the
10 Tier II university transportation centers referred
to in subsection (c)(2).
(2) Selection criteria.--In conducting a competition
under paragraph (1), the Secretary shall select a
nonprofit institution of higher learning on the basis
of the criteria described in subsection (f)(2).
(3) Grant recipients.--After selecting a nonprofit
institution of higher learning as a grant recipient on
the basis of a competition conducted under this
subsection, the Secretary shall--
(A) in the case of the competition to be
completed not later than August 31, 2004, make
a grant to the recipient to establish and
operate a Tier II university transportation
center in each of fiscal years 2005 through
2008; and
(B) in the case of each subsequent
competition, make a grant to the recipient to
establish and operate a Tier II university
transportation center in each of the first 4
fiscal years beginning after the date of the
competition.
(4) Amount of grants.--For each of fiscal years 2005
through 2009, a grant made by the Secretary to a
nonprofit institution of higher learning for a fiscal
year to establish and operate a Tier II university
transportation center shall not exceed $1,000,000.
(h) Support of National Strategy for Surface Transportation
Research.--In order to be eligible to receive a grant under
this section, a nonprofit institution of higher learning shall
provide assurances satisfactory to the Secretary that the
research and education activities of its university
transportation center will support the national strategy for
surface transportation research, as identified by--
(1) the report of the National Highway Research and
Technology Partnership entitled `Highway Research and
Technology: The Need for Greater Investment', dated
April 2002; and
(2) the programs of the National Research and
Technology Program of the Federal Transit
Administration.
(i) Maintenance of Effort.--In order to be eligible to
receive a grant under this section, a nonprofit institution of
higher learning shall enter into an agreement with the
Secretary to ensure that the institution 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.
(j) Federal Share.--The Federal share of the costs of
activities carried out using a grant made under this section
shall be 50 percent of such costs. The non-Federal share may
include funds provided to a recipient under section 503,
504(b), or 505 of title 23.
(k) Program Coordination.--
(1) Coordination.--The Secretary shall coordinate the
research, education, and technology transfer activities
that grant recipients carry out under this section,
disseminate the results of the research, and establish
and operate a clearinghouse to disseminate the results
of the research.
(2) Annual review and evaluation.--At least annually,
and consistent with the plan developed under section
508 of title 23, the Secretary shall review and
evaluate programs of grant recipients.
(3) Management and oversight.--The Secretary shall
expend $1,500,000 for each of fiscal years 2005 through
2009 from amounts made available to carry out this
section to carry out management and oversight of the
centers receiving assistance under this section.
(l) Program Administration.--The Secretary shall carry out
this section acting through the Administrator of the Research
and Special Programs Administration.
(m) Limitation on Availability of Funds.--Funds made
available to carry out this section shall remain available for
obligation by the Secretary for a period of 2 years after the
last day of the fiscal year for which such funds are
authorized.
Sec. 5507. Advanced heavy-duty vehicle technologies research program
(a) In General.--The Secretary of Transportation shall
conduct research, development, demonstration, and testing to
integrate emerging advanced heavy-duty vehicle technologies in
order to provide seamless, safe, secure, and efficient
transportation and to benefit the environment.
(b) Consultation.--To ensure the activities performed
pursuant to this section achieve the maximum benefit, the
Secretary of Transportation shall consult with the Secretary of
Energy, the Administrator of the Environmental Protection
Agency, and other relevant Federal agencies on research,
development, and demonstration activities authorized under this
section related to advanced heavy-duty vehicle technologies.
(c) Grants, Cooperative Agreements, and Other Transactions.--
The Secretary may make grants to, and enter into cooperative
agreements and other transactions with, Federal and other
public agencies (including State and local governments) and
persons to carry out subsection (a).
(d) Cost Sharing.--At least 50 percent of the funding for
projects carried out under this section must be provided by
non-Federal sources.
(e) Authorization of Appropriations.--There are authorized to
be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out subsection (a) $1,000,000
for fiscal year 2004 and $3,000,000 for each of fiscal years
2005 through 2009.
(f) Contract Authority.--The funds authorized to be
appropriated by subsection (e) shall be available for
obligation in the same manner as if such funds were apportioned
under chapter 1 of title 23 and shall be subject to any
limitation on obligations imposed on funds made available to
carry out title V of the Transportation Equity Act: A Legacy
for Users.
* * * * * * *
CHAPTER 131--GENERAL PROVISIONS
* * * * * * *
Sec. 13102. Definitions
In this part, the following definitions shall apply:
(1) * * *
* * * * * * *
(6) Foreign motor carrier.--The term ``foreign motor
carrier'' means a person (including a motor carrier of
property but excluding a motor private carrier)--
(A) * * *
(B) in the case of a person that is not a
motor carrier of property, that provides
interstate transportation of property by [motor
vehicle] commercial motor vehicle (as defined
in section 31132) under an agreement or
contract entered into with a motor carrier of
property (other than a motor private carrier or
a motor carrier of property described in
subparagraph (A)).
(7) Foreign motor private carrier.--The term
``foreign motor private carrier'' means a person
(including a motor private carrier but excluding a
motor carrier of property)--
(A) * * *
(B) in the case of a person that is not a
motor private carrier, that provides interstate
transportation of property by [motor vehicle]
commercial motor vehicle (as defined in section
31132) under an agreement or contract entered
into with a person (other than a motor carrier
of property or a motor private carrier
described in subparagraph (A)).
* * * * * * *
(12) Motor carrier.--The term ``motor carrier'' means
a person providing [motor vehicle] commercial motor
vehicle (as defined in section 31132) transportation
for compensation.
(13) Motor private carrier.--The term ``motor private
carrier'' means a person, other than a motor carrier,
transporting property by [motor vehicle] commercial
motor vehicle (as defined in section 31132) when--
(A) * * *
* * * * * * *
CHAPTER 139--REGISTRATION
* * * * * * *
Sec. 13902. Registration of motor carriers
(a) Motor Carrier Generally.--
(1) In general.--Except as provided in this section,
the Secretary shall register a person to provide
transportation subject to jurisdiction under subchapter
I of chapter 135 of this title as a motor carrier if
the Secretary finds that the person is willing and able
to comply with--
(A) * * *
[(B) any safety regulations imposed by the
Secretary and the safety fitness requirements
established by the Secretary under section
31144; and]
(B)(i) any safety regulations imposed by the
Secretary;
(ii) the duties of employers and employees
established by the Secretary under section
31135; and
(iii) the safety fitness requirements
established by the Secretary under section
31144; and
* * * * * * *
Sec. 13903. Registration of freight forwarders
(a) In General.--[The Secretary]
(1) Household goods.--The Secretary shall register a
person to provide service subject to jurisdiction under
subchapter III of chapter 135 as a freight forwarder of
household goods if the Secretary finds that the person
is fit, willing, and able to provide the service and to
comply with this part and applicable regulations of the
Secretary and the Board.
(2) Others.--The Secretary may register a person to
provide service subject to jurisdiction under
subchapter III of chapter 135 as a freight forwarder
(other than a freight forwarder of household goods) if
the Secretary finds that such registration is needed
for the protection of shippers and that the person is
fit, willing, and able to provide the service and to
comply with this part and applicable regulations of the
Secretary and Board.
* * * * * * *
Sec. 13908. Registration and other reforms
(a) Regulations Replacing Certain Programs.--The Secretary,
in cooperation with the States, and after notice and
opportunity for public comment, shall issue regulations to
replace the current Department of Transportation identification
number system, [the single State registration system under
section 14504,] the registration system contained in this
chapter, and the financial responsibility information system
under section 13906 with a single, on-line, Federal system. The
new system shall serve as a clearinghouse and depository of
information on and identification of all foreign and domestic
motor carriers, brokers, and freight forwarders, and others
required to register with the Department as well as information
on safety fitness and compliance with required levels of
financial responsibility. In issuing the regulations, the
Secretary shall consider whether or not to integrate the
requirements of section 13304 into the new system and may
integrate such requirements into the new system.
(b) Factors To Be Considered.--In conducting the rulemaking
under subsection (a), the Secretary shall, at a minimum,
consider the following factors:
(1) * * *
[(2) Whether the existing single State registration
system is duplicative and burdensome.
[(3) The justification and need for collecting the
statutory fee for such system under section
14504(c)(2)(B)(iv).]
[(4)] (2) The public safety.
[(5)] (3) The efficient delivery of transportation
services.
[(6)] (4) How, and under what conditions, to extend
the registration system to motor private carriers and
to carriers exempt under sections 13502, 13503, and
13506.
* * * * * * *
[(d) State Registration Programs.--If the Secretary
determines that no State should require insurance filings or
collect fees for such filings (including filings and fees
authorized under section 14504), the Secretary may prevent any
State or political subdivision thereof, or any political
authority of 2 or more States, from imposing any insurance
filing requirements or fees that are for the same purposes as
filings or fees the Secretary requires under the new system
under subsection (a). The Secretary may not take any action
pursuant to this subsection unless--
[(1) fees that will be collected by the Secretary
under subsection (c) and distributed in each fiscal
year to the States will provide each State with at
least as much revenue as that State received in fiscal
year 1995 under section 11506, as in effect on December
31, 1995; and
[(2) all States will receive from the distribution of
such fees a minimum apportionment.]
[(e) Deadline for Conclusion; Modifications.--Not later than
24 months after January 1, 1996,] (d) Deadline for
Completion.--Not later than 1 year after the date of enactment
of the Transportation Equity Act: A Legacy for Users, the
Secretary--
(1) * * *
* * * * * * *
CHAPTER 141--OPERATIONS OF CARRIERS
* * * * * * *
Sec. 14104. Household goods carrier operations
(a) * * *
(b) Estimates.--
[(1) Authority to provide without compensation.--
Every motor carrier providing transportation of
household goods subject to jurisdiction under
subchapter I of chapter 135, upon request of a
prospective shipper, may provide the shipper with an
estimate of charges for transportation of household
goods and for the proposed services. The Secretary
shall not prohibit any such carrier from charging a
prospective shipper for providing a written, binding
estimate for the transportation and proposed services.]
(1) Required to be in writing.--
(A) In general.--Except as otherwise provided
in this subsection, every motor carrier
providing transportation of household goods
described in section 13102(10)(A) subject to
jurisdiction under subchapter I of chapter 135
shall conduct a physical survey of the
household goods to be transported on behalf of
a prospective individual shipper and shall
provide the shipper with a written estimate of
charges for the transportation and all related
services.
(B) Waiver.--A shipper may elect to waive a
physical survey under this paragraph by written
agreement signed by the shipper before the
shipment is loaded. A copy of the waiver
agreement must be retained as an addendum to
the bill of lading and shall be subject to the
same record inspection and preservation
requirements of the Secretary as are applicable
to bills of lading.
(C) Estimate.--
(i) In general.--Notwithstanding a
waiver under subparagraph (B), a
carrier's statement of charges for
transportation must be submitted to the
shipper in writing and must indicate
whether it is binding or nonbinding.
(ii) Binding.--A binding estimate
under this paragraph must indicate that
the carrier and shipper are bound by
such charges. The carrier may impose a
charge for providing a written binding
estimate.
(iii) Nonbinding.--A nonbinding
estimate under this paragraph must
indicate that the actual charges will
be based upon the actual weight of the
individual shipper's shipment and the
carrier's lawful tariff charges. The
carrier may not impose a charge for
providing a nonbinding estimate.
* * * * * * *
CHAPTER 145--FEDERAL-STATE RELATIONS
Sec.
14501. Federal authority over intrastate transportation.
* * * * * * *
[14504. Registration of motor carriers by a State.]
* * * * * * *
14506. Enforcement of Federal regulations by State attorneys general.
Sec. 14501. Federal authority over intrastate transportation
(a) * * *
* * * * * * *
(c) Motor Carriers of Property.--
(1) * * *
(2) Matters not covered.--Paragraph (1)--
(A) * * *
(B) does not apply to the intrastate
transportation of household goods; and
* * * * * * *
[Sec. 14504. Registration of motor carriers by a State
[(a) Definitions.--In this section, the terms ``standards''
and ``amendments to standards'' mean the specification of forms
and procedures required by regulations of the Secretary to
prove the lawfulness of transportation by motor carrier
referred to in section 13501.
[(b) General Rule.--The requirement of a State that a motor
carrier, providing transportation subject to jurisdiction under
subchapter I of chapter 135 and providing transportation in
that State, must register with the State is not an unreasonable
burden on transportation referred to in section 13501 when the
State registration is completed under standards of the
Secretary under subsection (c). When a State registration
requirement imposes obligations in excess of the standards of
the Secretary, the part in excess is an unreasonable burden.
[(c) Single State Registration System.--
[(1) In general.--The Secretary shall maintain
standards for implementing a system under which--
[(A) a motor carrier is required to register
annually with only one State by providing
evidence of its Federal registration under
chapter 139;
[(B) the State of registration shall fully
comply with standards prescribed under this
section; and
[(C) such single State registration shall be
deemed to satisfy the registration requirements
of all other States.
[(2) Specific requirements.--
[(A) Evidence of federal registration; proof
of insurance; payment of fees.--Under the
standards of the Secretary implementing the
single State registration system described in
paragraph (1) of this subsection, only a State
acting in its capacity as registration State
under such single State system may require a
motor carrier registered by the Secretary under
this part--
[(i) to file and maintain evidence of
such Federal registration;
[(ii) to file satisfactory proof of
required insurance or qualification as
a self-insurer;
[(iii) to pay directly to such State
fee amounts in accordance with the fee
system established under subparagraph
(B)(iv) of this paragraph, subject to
allocation of fee revenues among all
States in which the carrier operates
and which participate in the single
State registration system; and
[(iv) to file the name of a local
agent for service of process.
[(B) Receipts; fee system.--The standards of
the Secretary--
[(i) shall require that the
registration State issue a receipt, in
a form prescribed under the standards,
reflecting that the carrier has filed
proof of insurance as provided under
subparagraph (A)(ii) of this paragraph
and has paid fee amounts in accordance
with the fee system established under
clause (iv) of this subparagraph;
[(ii) shall require that copies of
the receipt issued under clause (i) of
this subparagraph be kept in each of
the carrier's commercial motor
vehicles;
[(iii) shall not require decals,
stamps, cab cards, or any other means
of registering or identifying specific
vehicles operated by the carrier;
[(iv) shall establish a fee system
for the filing of proof of insurance as
provided under subparagraph (A)(ii) of
this paragraph that--
[(I) is based on the number
of commercial motor vehicles
the carrier operates in a State
and on the number of States in
which the carrier operates;
[(II) minimizes the costs of
complying with the registration
system; and
[(III) results in a fee for
each participating State that
is equal to the fee, not to
exceed $10 per vehicle, that
such State collected or charged
as of November 15, 1991; and
[(v) shall not authorize the charging
or collection of any fee for filing and
maintaining evidence of Federal
registration under subparagraph (A)(i)
of this paragraph.
[(C) Prohibited fees.--The charging or
collection of any fee under this section that
is not in accordance with the fee system
established under subparagraph (B)(iv) of this
paragraph shall be deemed to be a burden on
interstate commerce.
[(D) Limitation on participation by states.--
Only a State which, as of January 1, 1991,
charged or collected a fee for a vehicle
identification stamp or number under part 1023
of title 49, Code of Federal Regulations, shall
be eligible to participate as a registration
State under this subsection or to receive any
fee revenue under this subsection.]
* * * * * * *
Sec. 14506. Enforcement of Federal regulations by State attorneys
general
(a) In General.--A State, as parens patriae, may bring a
civil action on behalf of a resident of the State in an
appropriate district court of the United States to enforce a
regulation or order of the Secretary or Board--
(1) to protect an individual shipper of household
goods if such regulation or order governs the delivery
of the shipper's household goods; or
(2) to impose a civil penalty under section 14915
whenever the attorney general of the State has reason
to believe that the interests of the residents of the
State have been or are being threatened or adversely
affected by--
(A) a carrier or broker providing
transportation of household goods subject to
jurisdiction under subchapter I or III of
chapter 135 who is committing repeat violations
of section 14915; or
(B) a foreign motor carrier providing
transportation of household goods who is
registered under section 13902 and who is
committing repeat violations of section 14915.
(b) Limitation on Statutory Construction.--Nothing in this
section shall be construed--
(1) as preventing an attorney general from exercising
the powers conferred on the attorney general by the
laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the
attendance of witnesses or the production of
documentary and other evidence;
(2) as prohibiting a State official from proceeding
in State court to enforce a criminal statute of the
State;
(3) as authorizing a State or political subdivision
of a State to bring an enforcement action under a
consumer protection law, regulation, or other provision
of the State relating to interstate transportation of
household goods (as defined in section 13102(10)(A))
with respect to an activity that is inconsistent with
Federal laws and regulations relating to interstate
transportation of household goods; or
(4) as authorizing a State, as parens patriae, to
bring a class civil action on behalf of its residents
to enforce a regulation or order of the Secretary or
Board.
(c) Actions by the Secretary or Board.--Whenever a civil
action has been instituted by or on behalf of the Secretary or
Board for violation of section 14915, no State may, during the
pendency of such action, institute a civil action under
subsection (a) against any defendant named in the complaint
relating to such violation.
(d) Venue; Service of Process.--Any civil action to be
brought under subsection (a) in a district court of the United
States may be brought in the district in which the defendant is
found, is an inhabitant, or transacts business or wherever
venue is proper under section 1391 of title 28. Process in such
an action may be served in any district in which the defendant
is an inhabitant or in which the defendant may be found.
* * * * * * *
CHAPTER 147--ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES
* * * * * * *
Sec. 14708. Dispute settlement program for household goods carriers
(a) Offering Shippers Arbitration.--As a condition of
registration under section 13902 or 13903, a carrier providing
transportation of household goods subject to jurisdiction under
subchapter I or III of chapter 135 must agree to offer in
accordance with this section to shippers of household goods
arbitration as a means of settling disputes between such
carriers and shippers of household goods concerning damage or
loss to the household goods transported and to determine
whether carrier charges, in addition to those collected at
delivery, must be paid by the shipper for transportation and
services related to the transportation of household goods.
(b) Arbitration Requirements.--
(1) * * *
* * * * * * *
(6) Requests.--The carrier must not require the
shipper to agree to utilize arbitration prior to the
time that a dispute arises. If the dispute involves a
claim for [$5,000] $10,000 or less and the shipper
requests arbitration, such arbitration shall be binding
on the parties. If the dispute involves a claim for
more than [$5,000] $10,000 and the shipper requests
arbitration, such arbitration shall be binding on the
parties only if the carrier agrees to arbitration.
* * * * * * *
(8) Deadline for decision.--The arbitrator must, as
expeditiously as possible but at least within 60 days
of receipt of written notification of the dispute,
render a decision based on the information gathered;
except that, in any case in which a party to the
dispute fails to provide in a timely manner any
information concerning such dispute which the person
settling the dispute may reasonably require to resolve
the dispute, the arbitrator may extend such 60-day
period for a reasonable period of time. A decision
resolving a dispute may include any remedies
appropriate under the circumstances, including repair,
replacement, refund, reimbursement for expenses, [and]
compensation for damages, and an order requiring the
payment of additional carrier charges.
* * * * * * *
(d) Attorney's Fees to Shippers.--In any court action to
resolve a dispute between a shipper of household goods and a
carrier providing transportation or service subject to
jurisdiction under subchapter I or III of chapter 135
concerning the transportation of household goods by such
carrier, the shipper shall be awarded reasonable attorney's
fees if--
(1) * * *
* * * * * * *
(3)(A) the shipper was not advised by the carrier
during the claim settlement process that a dispute
settlement program was available to resolve the
dispute;
[(A)] (B) a decision resolving the dispute was not
rendered through arbitration under this section within
the period provided under subsection (b)(8) of this
section or an extension of such period under such
subsection; or
[(B)] (C) the court proceeding is to enforce a
decision rendered through arbitration under this
section and is instituted after the period for
performance under such decision has elapsed.
* * * * * * *
CHAPTER 149--CIVIL AND CRIMINAL PENALTIES
Sec.
14901. General civil penalties.
* * * * * * *
14915. Holding household goods hostage.
Sec. 14901. General civil penalties
(a) * * *
* * * * * * *
(d) Protection of Household Goods Shippers.--[If a carrier]
(1) In general.--If a carrier providing
transportation of household goods subject to
jurisdiction under subchapter I or III of chapter 135
or a receiver or trustee of such carrier fails or
refuses to comply with any regulation issued by the
Secretary or the Board relating to protection of
individual shippers, such carrier, receiver, or trustee
is liable to the United States for a civil penalty of
not less than $1,000 for each violation and for each
additional day during which the violation continues.
(2) Estimate of broker without carrier agreement.--If
a broker for transportation of household goods subject
to jurisdiction under subchapter I of chapter 135 makes
an estimate of the cost of transporting any such goods
before entering into an agreement with a carrier to
provide transportation of household goods subject to
such jurisdiction, the broker is liable to the United
States for a civil penalty of not less than $10,000 for
each violation.
(3) Unauthorized transportation.--If a person
provides transportation of household goods subject to
jurisdiction under subchapter I of chapter 135 or
provides broker services for such transportation
without being registered under chapter 139 to provide
such transportation or services as a motor carrier or
broker, as the case may be, such person is liable to
the United States for a civil penalty of not less than
$25,000 for each violation.
* * * * * * *
Sec. 14915. Holding household goods hostage
(a) Holding Household Goods Hostage Defined.--For purposes of
this section, the term ``holding household goods hostage''
means the knowing and willful refusal to relinquish possession
of a shipment of household goods described in section
13102(10)(A) upon payment of not more than 100 percent of a
binding estimate (or, in the case of a nonbinding estimate, not
more than 110 percent of the estimated charges for such
shipment).
(b) Civil Penalty.--Whoever is found holding a household
goods shipment hostage is liable to the United States for a
civil penalty of not less than $10,000 for each violation. If
such person is a carrier or broker, the Secretary may suspend
for a period of not less than 6 months the registration of such
carrier or broker under chapter 139.
(c) Criminal Penalty.--A motor carrier that has been
convicted of knowingly and willfully holding household goods
hostage by falsifying documents or demanding the payment of
charges for services that were not performed or were not
necessary in the safe and adequate movement of a shipment of
household goods shall be fined under title 18, or imprisoned
not more than 2 years, or both.
* * * * * * *
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
* * * * * * *
PART B--COMMERCIAL
CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
[SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS]
SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS
Sec.
31100. Purpose.
* * * * * * *
[31107. Contract authority funding for information systems.
[31108. Authorization of appropriations.]
31107. Border enforcement grants.
31108. Motor carrier research and technology program.
31109. Performance and registration information system management.
* * * * * * *
SUBCHAPTER IV--MISCELLANEOUS
31161. International cooperation.
[SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE
PROGRAMS]
SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS
* * * * * * *
Sec. 31102. Grants to States
(a) * * *
(b) State Plan Procedures and Contents.--(1) The Secretary
shall prescribe procedures for a State to submit a plan under
which the State agrees to assume responsibility for improving
motor carrier safety and to adopt and enforce regulations,
standards, and orders of the Government on commercial motor
vehicle safety, hazardous materials transportation safety, or
compatible State regulations, standards, and orders. The
Secretary shall approve the plan if the Secretary decides the
plan is adequate to promote the objectives of this section and
the plan--
[(A) implements performance-based activities by
fiscal year 2000;]
(A) implements performance-based activities,
including deployment of technology to enhance the
efficiency and effectiveness of commercial motor
vehicle safety programs;
* * * * * * *
[(Q) provides that the State will establish a program
to ensure the proper and timely correction of
commercial motor vehicle safety violations noted during
an inspection carried out with funds authorized under
section 31104;]
(Q) provides that the State has established a program
to ensure accurate, complete, and timely motor carrier
safety data is collected and reported to the Secretary
and that the State will participate in a national motor
carrier safety data correction system prescribed by the
Secretary;
(R) ensures that the State will cooperate in the
enforcement of registration requirements under section
13902 and financial responsibility requirements under
sections 13906, 31138, and 31139 and regulations issued
thereunder;
(S) ensures consistent, effective, and reasonable
sanctions; [and]
(T) ensures that roadside inspections will be
conducted at a location that is adequate to protect the
safety of drivers and enforcement personnel[.];
(U) provides that the State will include in the
training manual for the licensing examination to drive
a noncommercial motor vehicle and a commercial motor
vehicle, information on best practices for driving
safely in the vicinity of commercial motor vehicles and
in the vicinity of noncommercial motor vehicles,
respectively;
(V) provides that the State will enforce the
registration requirements of section 13902 by placing
out of service any vehicle discovered to be operated by
a motor carrier without a registration issued under
such section or to be operating beyond the scope of
such registration; and
(W) provides that the State will conduct
comprehensive and highly visible traffic enforcement
and commercial motor vehicle safety inspection programs
in high-risk locations and corridors.
(3) In estimating the average level of State expenditure
under paragraph [(1)(D)] (1)(E) of this subsection, the
Secretary--
(A) * * *
* * * * * * *
[(c) Use of Grants to Enforce Other Laws.--A State may use
amounts received under a grant under subsection (a) of this
section for the following activities if the activities are
carried out in conjunction with an appropriate inspection of
the commercial motor vehicle to enforce Government or State
commercial motor vehicle safety regulations:
[(1) enforcement of commercial motor vehicle size and
weight limitations at locations other than fixed weight
facilities, at specific locations such as steep grades
or mountainous terrains where the weight of a
commercial motor vehicle can significantly affect the
safe operation of the vehicle, or at ports where
intermodal shipping containers enter and leave the
United States.
[(2) detection of the unlawful presence of a
controlled substance (as defined under section 102 of
the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 802)) in a commercial motor vehicle
or on the person of any occupant (including the
operator) of the vehicle.
[(3) enforcement of State traffic laws and
regulations designed to promote the safe operation of
commercial motor vehicles.]
(c) Use of Grants to Enforce Other Laws.--A State may use
amounts received under a grant under subsection (a)--
(1) for the following activities if the activities
are carried out in conjunction with an appropriate
inspection of the commercial motor vehicle to enforce
Government or State commercial motor vehicle safety
regulations:
(A) enforcement of commercial motor vehicle
size and weight limitations at locations other
than fixed weight facilities, at specific
locations such as steep grades or mountainous
terrains where the weight of a commercial motor
vehicle can significantly affect the safe
operation of the vehicle, or at ports where
intermodal shipping containers enter and leave
the United States; and
(B) detection of the unlawful presence of a
controlled substance (as defined under section
102 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 802)) in a
commercial motor vehicle or on the person of
any occupant (including the operator) of the
vehicle; and
(2) for documented enforcement of State traffic laws
and regulations designed to promote the safe operation
of commercial motor vehicles, including documented
enforcement of such laws and regulations relating to
noncommercial motor vehicles when necessary to promote
the safe operation of commercial motor vehicles if the
number of roadside safety inspections conducted in the
State is maintained at a level at least equal to the
average number conducted in the State in fiscal years
2001, 2002, and 2003; except that the State may not use
more than 5 percent of the aggregate amount the State
receives under the grant under subsection (a) for
enforcement activities relating to noncommercial motor
vehicles described in this paragraph.
* * * * * * *
(e) Annual Report.--The Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science and
Transportation of the Senate an annual report that describes
the effect of activities carried out with funds from grants
made under this section on commercial motor vehicle safety.
Sec. 31103. United States Government's share of costs
(a) Commercial Motor Vehicle Safety Programs and
Enforcement.--The Secretary of Transportation shall reimburse a
State, from a grant made under this subchapter, an amount that
is not more than 80 percent of the costs incurred by the State
in a fiscal year in developing and implementing programs to
improve commercial motor vehicle safety and enforce commercial
motor vehicle regulations, standards, or orders adopted under
this subchapter or subchapter II of this chapter. In
determining those costs, the Secretary shall include in-kind
contributions by the State. Amounts of the State and its
political subdivisions required to be expended under section
31102(b)[(1)(D)] (1)(E) of this title may not be included as
part of the share not provided by the United States Government.
The Secretary may allocate among the States whose applications
for grants have been approved those amounts appropriated for
grants to support those programs, under criteria that may be
established.
* * * * * * *
Sec. 31104. Availability of amounts
[(a) In General.--The following amounts are made available
from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to incur
obligations to carry out section 31102:
[(1) Not more than $79,000,000 for fiscal year 1998.
[(2) Not more than $90,000,000 for fiscal year 1999.
[(3) Not more than $95,000,000 for fiscal year 2000.
[(4) Not more than $100,000,000 for fiscal year 2001.
[(5) Not more than $105,000,000 for fiscal year 2002.
[(6) Not more than $110,000,000 for fiscal year 2003.
[(7) Not more than $98,352,000 for the period of
October 1, 2003, through April 30, 2004.]
(a) In General.--Subject to subsection (f), there are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) to carry out section
31102--
(1) $168,000,000 for fiscal year 2004;
(2) $183,000,000 for fiscal year 2005;
(3) $185,000,000 for fiscal year 2006;
(4) $190,000,000 for fiscal year 2007;
(5) $195,000,000 for fiscal year 2008; and
(6) $200,000,000 for fiscal year 2009.
* * * * * * *
(f) Allocation Criteria and Eligibility.--
(1) In general.--On October 1 of each fiscal year or
as soon after that date as practicable and after making
the [deduction under subsection (e)] deductions under
subsection (e) and paragraphs (2) and (3), the
Secretary shall allocate amounts made available to
carry out section 31102 for such fiscal year among the
States with plans approved under section 31102. Such
allocation shall be made under such criteria as the
Secretary prescribes by regulation.
(2) High-priority [and border activities.--
[(A) High-priority activities and projects.--
The Secretary may designate up to 5 percent]
activities.--The Secretary may designate up to
10 percent of amounts available for allocation
under paragraph (1) for States, local
governments, and other persons for carrying out
high priority activities and projects that
improve commercial motor vehicle safety and
compliance with commercial motor vehicle safety
regulations, including activities and projects
that are national in scope, increase public
awareness and education, [or] demonstrate new
technologies, or improve the quality and
accuracy of data provided by the State. The
amounts designated under this subparagraph
shall be allocated by the Secretary to State
agencies, local governments, and other persons
that use and train qualified officers and
employees in coordination with State motor
vehicle safety agencies.
[(B) Border commercial motor vehicle safety
and enforcement programs.--The Secretary may
designate up to 5 percent of amounts available
for allocation under paragraph (1) for States,
local governments, and other persons for
carrying out border commercial motor vehicle
safety programs and enforcement activities and
projects. The amounts designated under this
subparagraph shall be allocated by the
Secretary to State agencies, local governments,
and other persons that use and train qualified
officers and employees in coordination with
State motor vehicle safety agencies.]
(3) New entrant audits.--The Secretary may deduct up
to $15,000,000 of the amounts available under
subsection (a) for a fiscal year for audits of new
entrant motor carriers under section 31144(g).
* * * * * * *
(i) Administrative Expenses.--
(1) Authorization of appropriations.--There are
authorized to be appropriated from the Highway Trust
Fund (other than the Mass Transit Account) for the
Secretary of Transportation to pay administrative
expenses of the Federal Motor Carrier Safety
Administration--
(A) $196,000,000 for fiscal year 2004;
(B) $208,000,000 for fiscal year 2005;
(C) $215,000,000 for fiscal year 2006;
(D) $221,000,000 for fiscal year 2007;
(E) $226,000,000 for fiscal year 2008; and
(F) $232,000,000 for fiscal year 2009.
(2) Use of funds.--The funds authorized by this
subsection shall be used for personnel costs;
administrative infrastructure; rent; information
technology; programs for research and technology,
information management, regulatory development
(including a medical review board), the administration
of the performance and registration information system
management, and outreach and education; other operating
expenses; and such other expenses as may from time to
time become necessary to implement statutory mandates
of the Administration not funded from other sources.
(3) Period of availability.--The amounts made
available under this section shall remain available
until expended.
(4) Initial date of availability.--Authorizations
from the Highway Trust Fund (other than the Mass
Transit Account) to carry out subtitle IV, part B, and
subtitle VI, part B, of this title, or the provisions
of title IV of the Transportation Equity Act: A Legacy
for Users, shall be available for obligation on the
date of their apportionment or allocation or on October
1 of the fiscal year for which they are authorized,
whichever occurs first.
(5) Contract authority.--Approval by the Secretary of
a grant with funds made available under paragraph (4)
imposes upon the United States a contractual obligation
for payment of the Government's share of costs incurred
in carrying out the objectives of the grant.
* * * * * * *
Sec. 31106. Information systems
(a) Information Systems and Data Analysis.--
(1) * * *
* * * * * * *
(3) Data analysis capacity and programs.--The
Secretary shall develop and maintain under this section
data analysis capacity and programs that provide the
means to--
(A) * * *
* * * * * * *
(D) determine the cost-effectiveness of
Federal and State safety compliance and
enforcement programs and other countermeasures;
[and]
(E) adapt, improve, and incorporate other
information and information systems as the
Secretary determines appropriate[.];
(F) ensure, to the maximum extent practical,
all the data is complete, timely, and accurate
across all information systems and initiatives;
and
(G) establish and implement a national motor
carrier safety data correction system.
* * * * * * *
(b) Performance and Registration Information
Program.--
(1) * * *
[(2) Design.--The program shall link Federal motor
carrier safety information systems with State driver
and commercial vehicle registration and licensing
systems and shall be designed to enable a State to--
[(A) determine the safety fitness of a motor
carrier or registrant when licensing or
registering the registrant or motor carrier or
while the license or registration is in effect;
and
[(B) decide, in cooperation with the
Secretary, whether and what types of sanctions
or operating limitations to impose on the motor
carrier or registrant to ensure safety.
[(3) Conditions for participation.--The Secretary
shall require States, as a condition of participation
in the program, to--
[(A) comply with the uniform policies,
procedures, and technical and operational
standards prescribed by the Secretary under
subsection (a)(4); and
[(B) possess or seek authority to impose
commercial motor vehicle registration sanctions
on the basis of a Federal safety fitness
determination.
[(4) Funding.--The Secretary may make available up to
50 percent of the amounts available to carry out this
section by section 31107 in each of fiscal years 1998,
1999, 2000, 2001, 2002, and 2003 to carry out this
subsection. The Secretary is encouraged to direct no
less than 80 percent of amounts made available to carry
out this subsection to States that have not previously
received financial assistance to develop or implement
the information systems authorized by this section.]
(2) Design.--The program shall link Federal motor
carrier safety information systems with State
commercial vehicle registration and licensing systems
and shall be designed to enable a State to--
(A) determine the safety fitness of a motor
carrier or registrant when licensing or
registering the registrant or motor carrier or
while the license or registration is in effect;
and
(B) deny, suspend, or revoke the commercial
motor vehicle registrations of a motor carrier
or registrant that has been issued an
operations out-of-service order by the
Secretary.
(3) Conditions for participation.--The Secretary
shall require States, as a condition of participation
in the program, to--
(A) comply with the uniform policies,
procedures, and technical and operational
standards prescribed by the Secretary under
subsection (a)(4); and
(B) possess or seek the authority to deny,
suspend, or revoke commercial motor vehicle
registrations based on the issuance of an
operations out-of-service order by the
Secretary.
* * * * * * *
[Sec. 31107. Contract authority funding for information systems
[(a) Funding.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
sections 31106 and 31309 of this title--
[(1) $6,000,000 for fiscal year 1998;
[(2) $10,000,000 for each of fiscal years 1999 and
2000;
[(3) $12,000,000 for each of fiscal years 2001
through 2002;
[(4) $15,000,000 for fiscal year 2003; and
[(5) $11,639,000 for the period of October 1, 2003,
through April 30, 2004.
The amounts made available under this subsection shall remain
available until expended.
[(b) Contract Authority.--Approval by the Secretary of a
grant with funds made available under this section imposes upon
the United States Government a contractual obligation for
payment of the Government's share of costs incurred in carrying
out the objectives of the grant.
[(c) Emergency CDL Grants.--From amounts made available by
subsection (a) for a fiscal year, the Secretary of
Transportation may make a grant of up to $1,000,000 to a State
whose commercial driver's license program may fail to meet the
compliance requirements of section 31311(a).
[Sec. 31108. Authorization of appropriations
[Not more than $--------- may be appropriated to the
Secretary of Transportation for the fiscal year ending
September 30, 19--, to carry out the safety duties and powers
of the Federal Highway Administration.]
Sec. 31107. Border enforcement grants
(a) General Authority.--The Secretary of Transportation may
make a grant in a fiscal year to a State that shares a land
border with another country for carrying out border commercial
motor vehicle safety programs and related enforcement
activities and projects.
(b) Maintenance of Expenditures.--The Secretary may make a
grant to a State under this section only if the State agrees
that the total expenditure of amounts of the State and
political subdivisions of the State, exclusive of amounts from
the United States, for carrying out border commercial motor
vehicle safety programs and related enforcement activities and
projects will be maintained at a level at least equal to the
average level of that expenditure by the State and political
subdivisions of the State for the last 2 fiscal years of the
State ending before the date of enactment of the Transportation
Equity Act: A Legacy for Users.
(c) Governments Share of Costs.--The Secretary shall
reimburse a State under a grant made under this section an
amount that is not more than 100 percent of the costs incurred
by the State in a fiscal year for carrying out border
commercial motor vehicle safety programs and related
enforcement activities and projects.
(d) Availability and Reallocation of Amounts.--Allocations to
a State remain available for expenditure in the State for the
fiscal year in which they are allocated and for the next fiscal
year. Amounts not expended by a State during those 2 fiscal
years are available to the Secretary for reallocation under
this section.
Sec. 31108. Motor carrier research and technology program
(a) Research, Technology, and Technology Transfer
Activities.--
(1) Establishment.--The Secretary of Transportation
shall establish and carry out a motor carrier research
and technology program.
(2) Multi-year plan.--The program must include a
multi-year research plan that focuses on nonredundant
innovative research.
(3) Research, development, and technology transfer
activities.--The Secretary may carry out under the
program research, development, technology, and
technology transfer activities with respect to--
(A) the causes of accidents, injuries, and
fatalities involving commercial motor vehicles;
(B) means of reducing the number and severity
of accidents, injuries, and fatalities
involving commercial motor vehicles;
(C) improving commercial motor vehicle and
motor carrier safety, and industry efficiency,
through technological improvement;
(D) improving technology used by enforcement
officers when conducting roadside inspections
and compliance reviews to increase efficiency
and information transfers; and
(E) increasing the safety and security of
hazardous materials transportation.
(4) Tests and development.--The Secretary may test,
develop, or assist in testing and developing any
material, invention, patented article, or process
related to the research and technology program.
(5) Training.--The Secretary may use the funds made
available to carry out this section for training or
education of commercial motor vehicle safety personnel,
including training in accident reconstruction and
detection of controlled substances or other contraband
and stolen cargo or vehicles.
(6) Procedures.--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, any Federal laboratory,
State agency, authority, association,
institution, for-profit or nonprofit
corporation, organization, foreign country, or
person.
(7) Development and promotion of use of products.--
The Secretary shall use funds made available to carry
out this section to develop, administer, communicate,
and promote the use of products of research,
technology, and technology transfer programs under this
section.
(b) Collaborative Research and Development.--
(1) In general.--To advance innovative solutions to
problems involving commercial motor vehicle and motor
carrier safety, security, and efficiency, and to
stimulate the deployment of emerging 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, and sole
proprietorships that are incorporated or
established under the laws of any State; and
(B) Federal laboratories.
(2) Cooperative 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) Cost sharing.--
(A) Federal share.--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
associated with any such activity, the
Secretary may approve a greater Federal share.
(B) Treatment of directly incurred non-
federal costs.--All costs directly incurred by
the non-Federal partners, including personnel,
travel, and hardware or software 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.).
Sec. 31109. Performance and registration information system management
(a) In General.--The Secretary of Transportation may make a
grant to a State to implement the performance and registration
information system management requirements of section 31106(b).
(b) Availability of Amounts.--Amounts made available to a
State under this section shall remain available until expended.
* * * * * * *
SUBCHAPTER II--LENGTH AND WIDTH LIMITATIONS
Sec. 31111. Length limitations
(a) Definitions.--In this section, the following definitions
apply:
(1) * * *
* * * * * * *
(4) Drive-away saddlemount with fullmount vehicle
transporter combination.--The term ``drive-away
saddlemount with fullmount vehicle transporter
combination'' means a vehicle combination designed and
specifically used to tow up to 3 trucks or truck
tractors, each connected by a saddle to the frame or
fifth-wheel of the forward vehicle of the truck or
truck tractor in front of it.
(b) General Limitations.--(1) Except as provided in this
section, a State may not prescribe or enforce a regulation of
commerce that--
(A) * * *
* * * * * * *
(D) imposes a vehicle length limitation of not less
than or more than 97 feet on a driveaway saddlemount
with fullmount vehicle transporter combinations;
[(D)] (E) has the effect of prohibiting the use of an
existing semitrailer or trailer, of not more than 28.5
feet in length, in a truck tractor-semitrailer-trailer
combination if the semitrailer or trailer was operating
lawfully on December 1, 1982, within a 65-foot overall
length limit in any State; or
[(E)] (F) imposes a limitation of less than 46 feet
on the distance from the kingpin to the center of the
rear axle on trailers used exclusively or primarily in
connection with motorsports competition events.
* * * * * * *
Sec. 31135. Duties of employers and employees
(a) In General._Each employer and employee shall comply with
regulations on commercial motor vehicle safety prescribed by
the Secretary of Transportation under this subchapter that
apply to the employer's or employee's conduct.
(b) Pattern of Noncompliance.--If an officer of a motor
carrier or broker engages in a pattern or practice of avoiding
compliance, or masking or otherwise concealing noncompliance,
with regulations prescribed under this chapter, the Secretary
may suspend, amend, or revoke any part of the registration of
the motor carrier or broker under section 13905.
(c) List of Proposed Officers.--Each person seeking
registration as a motor carrier under section 13902 or as a
broker under section 13904 shall submit a list of the proposed
officers of the motor carrier or broker. If the Secretary
determines that any of the proposed officers has previously
engaged in a pattern or practice of avoiding compliance, or
masking or otherwise concealing noncompliance, with regulations
prescribed under this chapter, the Secretary may deny the
person's application for registration as a motor carrier under
section 13902(a)(3) or as a broker under section 13904(a).
(d) Regulations.--The Secretary shall by regulation establish
standards to implement subsections (b) and (c) and a procedure
to allow a person who is denied registration under subsection
(c) or whose registration is suspended, amended, or revoked
under subsection (b) to remedy the pattern or practice that
results in the denial, suspension, amendment, or revocation.
(e) Definitions.--In this section, the following definitions
shall apply:
(1) Motor carrier and broker.--The terms ``motor
carrier'' and ``broker'' have the meanings such terms
have under section 13102.
(2) Officer.--The term ``officer'' means an owner,
chief executive officer, chief operating officer, chief
financial officer, safety director, vehicle maintenance
supervisor, and driver supervisor of a motor carrier,
regardless of the title attached to those functions.
* * * * * * *
Sec. 31138. Minimum financial responsibility for transporting
passengers
(a) * * *
* * * * * * *
(d) Civil Penalty.--(1) * * *
* * * * * * *
(5) The amount of the penalty may be deducted from amounts
the Government owes the person. An amount collected under this
section shall be deposited in the [Treasury as miscellaneous
receipts] Highway Trust Fund (other than the Mass Transit
Account).
* * * * * * *
Sec. 31139. Minimum financial responsibility for transporting property
(a) * * *
* * * * * * *
(f) Civil Penalty.--(1) * * *
* * * * * * *
(5) The amount of the penalty may be deducted from amounts
the Government owes the person. An amount collected under this
section shall be deposited in the [Treasury as miscellaneous
receipts] Highway Trust Fund (other than the Mass Transit
Account).
* * * * * * *
Sec. 31144. Safety fitness of owners and operators
[(a) In General.--The Secretary shall--
[(1) determine whether an owner or operator is fit to
operate safely commercial motor vehicles;
[(2) periodically update such safety fitness
determinations;
[(3) make such final safety fitness determinations
readily available to the public; and
[(4) prescribe by regulation penalties for violations
of this section consistent with section 521.]
(a) In General.--The Secretary shall--
(1) determine whether an owner or operator is fit to
operate safely commercial motor vehicles, utilizing
among other things the accident record of an owner or
operator operating in interstate commerce and the
accident record and safety inspection record of such
owner or operator in operations that affect interstate
commerce;
(2) periodically update such safety fitness
determinations;
(3) make such final safety fitness determinations
readily available to the public; and
(4) prescribe by regulation penalties for violations
of this section consistent with section 521.
* * * * * * *
(c) Prohibited Transportation.--
(1) * * *
* * * * * * *
(5) Transportation affecting interstate commerce.--
Owners or operators of commercial motor vehicles
prohibited from operating in interstate commerce
pursuant to paragraphs (1) through (3) may not operate
any commercial motor vehicle that affects interstate
commerce until the Secretary determines that such owner
or operator is fit.
(d) Determination of Unfitness by a State.--If a State that
receives a grant under section 31102 determines, by applying
the standards prescribed by the Secretary under subsection (b),
that an owner or operator of commercial motor vehicles that has
its principal place of business in that State and operates in
intrastate commerce is unfit under such standards and prohibits
the owner or operator from operating such vehicles in the
State, the Secretary shall prohibit the owner or operator from
operating such vehicles in interstate commerce until the State
determines that the owner or operator is fit.
[(d)] (e) Review of Fitness Determinations.--
(1) * * *
* * * * * * *
[(e)] (f) Prohibited Government Use.--A department, agency,
or instrumentality of the United States Government may not use
to provide any transportation service an owner or operator who
the Secretary has determined is not fit until the Secretary
determines such owner or operator is fit.
* * * * * * *
[(c)] (g) Safety Reviews of New Operators.--
(1) * * *
* * * * * * *
(5) Grants for audits.--From amounts deducted under
section 31104(f)(3), the Secretary may make grants to
States and local governments for new entrant motor
carrier audits under this subsection without requiring
a matching contribution from such States or local
governments.
(6) DOT audits.--If the Secretary determines that a
State or local government is unable to use government
employees to conduct new entrant motor carrier audits,
the Secretary may utilize the funds deducted under
section 31104(f)(3) to conduct such audits in areas
under the jurisdiction of such State or local
government.
* * * * * * *
SUBCHAPTER IV--MISCELLANEOUS
Sec. 31161. International cooperation
The Secretary of Transportation is authorized to use funds
made available by section 31104(i) to participate and cooperate
in international activities to enhance motor carrier, driver,
and highway safety by such means as exchanging information,
conducting research, and examining needs, best practices, and
new technology.
CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS
Sec.
31301. Definitions.
* * * * * * *
[31313. [Repealed.]]
31313. Grants for commercial driver's license program improvements.
* * * * * * *
Sec. 31310. Disqualifications
(a) * * *
* * * * * * *
(i) Out-of-Service Orders.--(1) * * *
* * * * * * *
(2) [Not later than December 18, 1992, the] The Secretary
shall prescribe regulations establishing sanctions and
penalties related to violations of out-of-service orders by
individuals operating commercial motor vehicles. The
regulations shall require at least that--
(A) an operator of a commercial motor vehicle found
to have committed a first violation of an out-of-
service order shall be disqualified from operating such
a vehicle for at least [90 days] 180 days and liable
for a civil penalty of at least [$1,000] $2,500;
(B) an operator of a commercial motor vehicle found
to have committed a 2d violation of an out-of-service
order shall be disqualified from operating such a
vehicle for at least [one year] 2 years and not more
than 5 years and liable for a civil penalty of at least
[$1,000] $5,000; and
(C) an employer that knowingly allows or requires an
employee to operate a commercial motor vehicle in
violation of an out-of-service order shall be liable
for a civil penalty of not more than [$10,000.]
$25,000; and
(D) an employer that knowingly and willfully allows
or requires an employee to operate a commercial motor
vehicle in violation of an out-of-service order shall,
upon conviction, be subject for each offense to
imprisonment for a term not to exceed one year or a
fine under title 18, or both.
* * * * * * *
Sec. 31313. Grants for commercial driver's license program improvements
(a) Grants for Commercial Driver's License Program
Improvements.--
(1) General authority.--The Secretary of
Transportation may make a grant to a State in a fiscal
year--
(A) to comply with the requirements of
section 31311; and
(B) in the case of a State that is in
substantial compliance with the requirements of
section 31311 and this section, to improve its
implementation of its commercial driver's
license program.
(2) Purposes for which grants may be used.--A State
may use grants under paragraphs (1)(A) and (1)(B) only
for expenses directly related to its compliance with
section 31311; except that a grant under paragraph
(1)(B) may be used for improving implementation of the
State's commercial driver's license program, including
expenses for computer hardware and software,
publications, testing, personnel, training, and quality
control. The grant may not be used to rent, lease, or
buy land or buildings.
(3) Application.--In order to receive a grant under
this section, a State must submit an application for
such grant that is in such form, and contains such
information, as the Secretary may require. The
application shall include the State's assessment of its
commercial drivers license program.
(4) Maintenance of expenditures.--The Secretary may
make a grant to a State under this subsection only if
the State agrees that the total expenditure of amounts
of the State and political subdivisions of the State,
exclusive of amounts from the United States, for the
State's commercial driver's license program will be
maintained at a level at least equal to the average
level of that expenditure by the State and political
subdivisions of the State for the last 2 fiscal years
of the State ending before the date of enactment of the
Transportation Equity Act: A Legacy for Users.
(5) Government share.--The Secretary shall reimburse
a State under a grant made under this subsection an
amount that is not more than 80 percent of the costs
incurred by the State in a fiscal year in complying
with section 31311 and improving its implementation of
its commercial driver's license program. In determining
such costs, the Secretary shall include in-kind
contributions by the State. Amounts required to be
expended by the State under paragraph (4) may not be
included as part of the non-Federal share of such
costs.
(b) High-Priority Activities.--
(1) Grants for national concerns.--The Secretary may
make a grant to a State agency, local government, or
other person for 100 percent of the costs of research,
development, demonstration projects, public education,
and other special activities and projects relating to
commercial driver licensing and motor vehicle safety
that are of benefit to all jurisdictions of the United
States or are designed to address national safety
concerns and circumstances.
(2) Funding.--The Secretary may deduct up to 10
percent of the amounts made available to carry out this
section for a fiscal year to make grants under this
subsection.
Sec. 31314. Withholding amounts for State noncompliance
(a) First Fiscal Year.--The Secretary of Transportation shall
withhold up to 5 percent of the amount required to be
apportioned to a State under section 104(b)(1), (3), and (4) of
title 23 on the first day of the fiscal year after the first
fiscal year beginning after September 30, 1992, throughout
which the State does not comply substantially with a
requirement of section 31311(a) of this title.
(b) Second Fiscal Year.--The Secretary shall withhold up to
10 percent of the amount required to be apportioned to a State
under section 104(b)(1), (3), and (4) of title 23 on the first
day of each fiscal year after the 2d fiscal year beginning
after September 30, 1992, throughout which the State does not
comply substantially with a requirement of section 31311(a) of
this title.
* * * * * * *
CHAPTER 315--MOTOR CARRIER SAFETY
* * * * * * *
Sec. 31502. Requirements for qualifications, hours of service, safety,
and equipment standards
(a) * * *
* * * * * * *
(e) Exception.--
(1) * * *
(2) Declaration of emergency.--An elected State or
local government official or elected officials of more
than one State or local government jointly may issue an
emergency declaration for purposes of paragraph (1)
after notice to the [Regional Director of the Federal
Highway Administration] Field Administrator of the
Federal Motor Carrier Safety Administration with
jurisdiction over the area covered by the declaration.
(3) Incident report.--Within 30 days after the end of
the declared emergency period the official who issued
the emergency declaration shall file with the [Regional
Director] Field Administrator a report of each safety-
related incident or accident that occurred during the
emergency period involving--
(A) * * *
* * * * * * *
TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents of this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title.
* * * * * * *
[Sec. 3038. Rural transportation accessibility incentive program.]
Sec. 3038. Over-the-road bus accessibility program.
* * * * * * *
TITLE I--FEDERAL-AID HIGHWAYS
* * * * * * *
Subtitle B--General Provisions
* * * * * * *
SEC. 1212. MISCELLANEOUS.
* * * * * * *
(i) Bicycle and Pedestrian Safety Grants.--
(1) In general.--The Secretary shall make grants to a
national, not-for-profit organization engaged in
promoting bicycle and pedestrian safety--
(A) * * *
* * * * * * *
[(D)] (2) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection $500,000 for each of fiscal years 1998
through 2003 and $208,333 for the period of October 1,
2003, through February 29, 2004.
[(E)] (3) Applicability of title 23.--Funds
authorized by this subsection 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 funds shall remain available
until expended.
* * * * * * *
SEC. 1214. FEDERAL ACTIVITIES.
(a) * * *
* * * * * * *
(r) Puerto Rico Highway Program.--
(1) In general.--The Secretary shall allocate funds
authorized by section 1101(a)[(15) for each of fiscal
years 1998 through 2004](24) for each of fiscal years
2004 through 2009 of the Transportation Equity Act: A
Legacy for Users to the Commonwealth of Puerto Rico to
carry out a highway program in such Commonwealth.
(2) Applicability of title 23.--Amounts made
available by section 1101(a)[(15) of this Act](24) of
the Transportation Equity Act: A Legacy for Users shall
be available for obligation in the same manner as if
such funds were apportioned under chapter 1 of title
23, United States Code. Such amounts shall be subject
to any limitation on obligations for Federal-aid
highway and highway safety construction programs.
* * * * * * *
SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.
(a) * * *
[(b) Interstate System Reconstruction and Rehabilitation
Pilot Program.--
[(1) Establishment.--The Secretary shall establish
and implement an Interstate System reconstruction and
rehabilitation pilot program under which the Secretary,
notwithstanding sections 129 and 301 of title 23,
United States Code, may permit a State to collect tolls
on a highway, bridge, or tunnel on the Interstate
System for the purpose of reconstructing and
rehabilitating Interstate highway corridors that could
not otherwise be adequately maintained or functionally
improved without the collection of tolls.
[(2) Limitation on number of facilities.--The
Secretary may permit the collection of tolls under this
subsection on 3 facilities on the Interstate System.
Each of such facilities shall be located in a different
State.
[(3) Eligibility.--To be eligible to participate in
the pilot program, a State shall submit to the
Secretary an application that contains, at a minimum,
the following:
[(A) An identification of the facility on the
Interstate System proposed to be a toll
facility, including the age, condition, and
intensity of use of the facility.
[(B) In the case of a facility that affects a
metropolitan area, an assurance that the
metropolitan planning organization established
under section 134 of title 23, United States
Code, for the area has been consulted
concerning the placement and amount of tolls on
the facility.
[(C) An analysis demonstrating that the
facility could not be maintained or improved to
meet current or future needs from the State's
apportionments and allocations made available
by this Act (including amendments made by this
Act) and from revenues for highways from any
other source without toll revenues.
[(D) A facility management plan that
includes--
[(i) a plan for implementing the
imposition of tolls on the facility;
[(ii) a schedule and finance plan for
the reconstruction or rehabilitation of
the facility using toll revenues;
[(iii) a description of the public
transportation agency that will be
responsible for implementation and
administration of the pilot program;
[(iv) a description of whether
consideration will be given to
privatizing the maintenance and
operational aspects of the facility,
while retaining legal and
administrative control of the portion
of the Interstate route; and
[(v) such other information as the
Secretary may require.
[(4) Selection criteria.--The Secretary may approve
the application of a State under paragraph (3) only if
the Secretary determines that--
[(A) the State is unable to reconstruct or
rehabilitate the proposed toll facility using
existing apportionments;
[(B) the facility has a sufficient intensity
of use, age, or condition to warrant the
collection of tolls;
[(C) the State plan for implementing tolls on
the facility takes into account the interests
of local, regional, and interstate travelers;
[(D) the State plan for reconstruction or
rehabilitation of the facility using toll
revenues is reasonable; and
[(E) the State has given preference to the
use of a public toll agency with demonstrated
capability to build, operate, and maintain a
toll expressway system meeting criteria for the
Interstate System.
[(5) Limitations on use of revenues; audits.--Before
the Secretary may permit a State to participate in the
pilot program, the State must enter into an agreement
with the Secretary that provides that--
[(A) all toll revenues received from
operation of the toll facility will be used
only for--
[(i) debt service;
[(ii) reasonable return on investment
of any private person financing the
project; and
[(iii) any costs necessary for the
improvement of and the proper operation
and maintenance of the toll facility,
including reconstruction, resurfacing,
restoration, and rehabilitation of the
toll facility; and
[(B) regular audits will be conducted to
ensure compliance with subparagraph (A) and the
results of such audits will be transmitted to
the Secretary.
[(6) Limitation on use of interstate maintenance
funds.--During the term of the pilot program, funds
apportioned for Interstate maintenance under section
104(b)(4) of title 23, United States Code, may not be
used on a facility for which tolls are being collected
under the program.
[(7) Program term.--The Secretary shall conduct the
pilot program under this subsection for a term to be
determined by the Secretary, but not less than 10
years.
[(8) Interstate system defined.--In this subsection,
the term ``Interstate System'' has the meaning such
term has under section 101 of title 23, United States
Code.]
* * * * * * *
SEC. 1221. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PILOT
PROGRAM.
(a) * * *
* * * * * * *
(e) Funding.--
(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$20,000,000 for fiscal year [1999 and] 1999,
$25,000,000 for each of fiscal years 2000 through 2003
and $10,416,667 for the period of October 1, 2003,
through February 29, 2004, and $25,000,000 for fiscal
year 2004, $30,000,000 for fiscal year 2005,
$35,000,000 for fiscal year 2006, $35,000,000,000 for
fiscal year 2007, and $35,000,000 for each of fiscal
years 2008 and 2009.
(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the
same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code; except that
such funds shall not be transferable and the Federal
share for projects and activities carried out with such
funds shall be determined in accordance with section
120(b) of title 23, United States Code.
* * * * * * *
Subtitle C--Program Streamlining and Flexibility
* * * * * * *
[SEC. 1309. ENVIRONMENTAL STREAMLINING.
[(a) Coordinated Environmental Review Process.--
[(1) Development and implementation.--The Secretary
shall develop and implement a coordinated environmental
review process for highway construction and mass
transit projects that require--
[(A) the preparation of an environmental
impact statement or environmental assessment
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), except that the
Secretary may decide not to apply this section
to the preparation of an environmental
assessment under such Act; or
[(B) the conduct of any other environmental
review, analysis, opinion, or issuance of an
environmental permit, license, or approval by
operation of Federal law.
[(2) Memorandum of understanding.--
[(A) In general.--The coordinated
environmental review process for each project
shall ensure that, whenever practicable (as
specified in this section), all environmental
reviews, analyses, opinions, and any permits,
licenses, or approvals that must be issued or
made by any Federal agency for the project
concerned shall be conducted concurrently and
completed within a cooperatively determined
time period. Such process for a project or
class of project may be incorporated into a
memorandum of understanding between the
Department of Transportation and Federal
agencies (and, where appropriate, State
agencies).
[(B) Establishment of time periods.--In
establishing the time period referred to in
subparagraph (A), and any time periods for
review within such period, the Department and
all such agencies shall take into account their
respective resources and statutory commitments.
[(b) Elements of Coordinated Environmental Review
Process.--For each project, the coordinated environmental
review process established under this section shall provide, at
a minimum, for the following elements:
[(1) Federal agency identification.--The Secretary
shall, at the earliest possible time, identify all
potential Federal agencies that--
[(A) have jurisdiction by law over
environmental-related issues that may be
affected by the project and the analysis of
which would be part of any environmental
document required by the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
[(B) may be required by Federal law to
independently--
[(i) conduct an environmental-related
review or analysis; or
[(ii) determine whether to issue a
permit, license, or approval or render
an opinion on the environmental impact
of the project.
[(2) Time limitations and concurrent review.--The
Secretary and the head of each Federal agency
identified under paragraph (1)--
[(A)(i) shall jointly develop and establish
time periods for review for--
[(I) all Federal agency comments with
respect to any environmental review
documents required by the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for the project;
and
[(II) all other independent Federal
agency environmental analyses, reviews,
opinions, and decisions on any permits,
licenses, and approvals that must be
issued or made for the project;
whereby each such Federal agency's review shall
be undertaken and completed within such
established time periods for review; or
[(ii) may enter into an agreement to
establish such time periods for review with
respect to a class of project; and
[(B) shall ensure, in establishing such time
periods for review, that the conduct of any
such analysis, review, opinion, and decision is
undertaken concurrently with all other
environmental reviews for the project,
including the reviews required by the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); except that such review may not
be concurrent if the affected Federal agency
can demonstrate that such concurrent review
would result in a significant adverse impact to
the environment or substantively alter the
operation of Federal law or would not be
possible without information developed as part
of the environmental review process.
[(3) Factors to be considered.--Time periods for
review established under this section shall be
consistent with the time periods established by the
Council on Environmental Quality under sections 1501.8
and 1506.10 of title 40, Code of Federal Regulations.
[(4) Extensions.--The Secretary shall extend any time
periods for review under this section if, upon good
cause shown, the Secretary and any Federal agency
concerned determine that additional time for analysis
and review is needed as a result of new information
that has been discovered that could not reasonably have
been anticipated when the Federal agency's time periods
for review were established. Any memorandum of
understanding shall be modified to incorporate any
mutually agreed-upon extensions.
[(c) Dispute Resolution.--When the Secretary determines that
a Federal agency which is subject to a time period for its
environmental review or analysis under this section has failed
to complete such review, analysis, opinion, or decision on
issuing any permit, license, or approval within the established
time period or within any agreed-upon extension to such time
period, the Secretary may, after notice and consultation with
such agency, close the record on the matter before the
Secretary. If the Secretary finds, after timely compliance with
this section, that an environmental issue related to the
project that an affected Federal agency has jurisdiction over
by operation of Federal law has not been resolved, the
Secretary and the head of the Federal agency shall resolve the
matter not later than 30 days after the date of the finding by
the Secretary.
[(d) Participation of State Agencies.--For any project
eligible for assistance under chapter 1 of title 23, United
States Code, or chapter 53 of title 49, United States Code, a
State, by operation of State law, may require that all State
agencies that have jurisdiction by State or Federal law over
environmental-related issues that may be affected by the
project, or that are required to issue any environmental-
related reviews, analyses, opinions, or determinations on
issuing any permits, licenses, or approvals for the project, be
subject to the coordinated environmental review process
established under this section unless the Secretary determines
that a State's participation would not be in the public
interest. For a State to require State agencies to participate
in the review process, all affected agencies of the State shall
be subject to the review process.
[(e) Assistance to Affected Federal Agencies.--
[(1) In general.--The Secretary may approve a request
by a State or recipient to provide funds for a highway
project made available under chapter 1 of title 23,
United States Code, or for a mass transit project made
available under chapter 53 of title 49, United States
Code, to the State for the project subject to the
coordinated environmental review process established
under this section to affected Federal agencies to
provide the resources necessary to meet any time limits
established under this section.
[(2) Amounts.--Such requests under paragraph (1)
shall be approved only--
[(A) for the additional amounts that the
Secretary determines are necessary for the
affected Federal agencies to meet the time
limits for environmental review; and
[(B) if such time limits are less than the
customary time necessary for such review.
[(f) Judicial Review and Savings Clause.--
[(1) Judicial review.--Nothing in this section shall
affect the reviewability of any final Federal agency
action in a district court of the United States or in
the court of any State.
[(2) Savings clause.--Nothing in this section shall
affect the applicability of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any
other Federal environmental statute or affect the
responsibility of any Federal officer to comply with or
enforce any such statute.
[(g) Federal Agency Defined.--In this section, the term
``Federal agency'' means any Federal agency or any State agency
carrying out affected responsibilities required by operation of
Federal law.]
* * * * * * *
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
* * * * * * *
[SEC. 3037. JOB ACCESS AND REVERSE COMMUTE GRANTS.
[(a) Findings.--Congress finds that--
[(1) two-thirds of all new jobs are in the suburbs,
whereas three-quarters of welfare recipients live in
rural areas or central cities;
[(2) even in metropolitan areas with excellent public
transit systems, less than half of the jobs are
accessible by transit;
[(3) in 1991, the median price of a new car was
equivalent to 25 weeks of salary for the average
worker, and considerably more for the low-income
worker;
[(4) not less than 9,000,000 households and
10,000,000 Americans of driving age, most of whom are
low-income workers, do not own cars;
[(5) 94 percent of welfare recipients do not own
cars;
[(6) nearly 40 percent of workers with annual incomes
below $10,000 do not commute by car;
[(7) many of the 2,000,000 Americans who will have
their Temporary Assistance to Needy Families grants
(under the State program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.))
terminated by the year 2002 will be unable to get to
jobs they could otherwise hold;
[(8) increasing the transit options for low-income
workers, especially those who are receiving or who have
recently received welfare benefits, will increase the
likelihood of those workers getting and keeping jobs;
and
[(9) many residents of cities and rural areas would
like to take advantage of mass transit to gain access
to suburban employment opportunities.
[(b) Definitions.--In this section, the following definitions
shall apply:
[(1) Eligible low-income individual.--The term
``eligible low-income individual'' means an individual
whose family income is at or below 150 percent of the
poverty line (as that term is defined in section 673(2)
of the Community Services Block Grant Act (42 U.S.C.
9902(2)), including any revision required by that
section) for a family of the size involved.
[(2) Eligible project and related terms.--
[(A) In general.--The term ``eligible
project'' means an access to jobs project or a
reverse commute project.
[(B) Access to jobs project.--The term
``access to jobs project'' means a project
relating to the development of transportation
services designed to transport welfare
recipients and eligible low-income individuals
to and from jobs and activities related to
their employment. The Secretary may make access
to jobs grants for--
[(i) capital projects and to finance
operating costs of equipment,
facilities, and associated capital
maintenance items related to providing
access to jobs under this section;
[(ii) promoting the use of transit by
workers with nontraditional work
schedules;
[(iii) promoting the use by
appropriate agencies of transit
vouchers for welfare recipients and
eligible low-income individuals under
specific terms and conditions developed
by the Secretary; and
[(iv) promoting the use of employer-
provided transportation, including the
transit pass benefit program under
section 132 of the Internal Revenue
Code of 1986.
[(C) Reverse commute project.--The term
``reverse commute project'' means a project
related to the development of transportation
services designed to transport residents of
urban areas, urbanized areas, and areas other
than urbanized areas to suburban employment
opportunities, including any project to--
[(i) subsidize the costs associated
with adding reverse commute bus, train,
carpool, van routes, or service from
urban areas, urbanized areas, and areas
other than urbanized areas, to suburban
workplaces;
[(ii) subsidize the purchase or lease
by a nonprofit organization or public
agency of a van or bus dedicated to
shuttling employees from their
residences to a suburban workplace; or
[(iii) otherwise facilitate the
provision of mass transportation
services to suburban employment
opportunities.
[(3) Existing transportation service providers.--The
term ``existing transportation service providers''
means mass transportation operators and governmental
agencies and nonprofit organizations that receive
assistance from Federal, State, or local sources for
nonemergency transportation services.
[(4) Qualified entity.--The term ``qualified entity''
means--
[(A) with respect to any proposed eligible
project in an urbanized area with a population
of at least 200,000, the applicant or
applicants selected by the appropriate
metropolitan planning organization that meets
the requirements of this section, including the
planning and coordination requirements in
subsection (i), from among designated
recipients under section 5307(a)(2) of title
49, United States Code, local governmental
authorities and agencies, and nonprofit
organizations; and
[(B) with respect to any proposed eligible
project in an urbanized area with a population
of less than 200,000, or an area other than an
urbanized area, the applicant or applicants
selected by the chief executive officer of the
State in which the area is located that meets
the requirements of this section, including the
planning and coordination requirements in
subsection (i), from among designated
recipients under section 5307(a)(2) of title
49, United States Code, local governmental
authorities and agencies, and nonprofit
organizations.
[(5) Welfare recipient.--The term ``welfare
recipient'' means an individual who receives or
received aid or assistance under a State program funded
under part A of title IV of the Social Security Act
(whether in effect before or after the effective date
of the amendments made by title I of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (Public Law 104-193; 110 Stat. 2110)) at any
time during the 3-year period before the date on which
the applicant applies for a grant under this section.
[(c) General Authority.--
[(1) In general.--The Secretary may make access to
jobs grants and reverse commute grants under this
section to assist qualified entities in financing
eligible projects.
[(2) Coordination.--The Secretary shall coordinate
activities under this section with related activities
under programs of other Federal departments and
agencies.
[(d) Applications.--Each qualified entity seeking to receive
a grant under this section for an eligible project shall submit
to the Secretary an application in such form and in accordance
with such requirements as the Secretary shall establish.
[(e) Prohibition.--Grants awarded under this section may not
be used for planning or coordination activities.
[(f) Factors for Consideration.--In awarding grants under
this section to applicants under subsection (d), the Secretary
shall consider--
[(1) the percentage of the population in the area to
be served by the applicant that are welfare recipients;
[(2) in the case of an applicant seeking assistance
to finance an access to jobs project, the need for
additional services (including bicycling) in the area
to be served by the applicant to transport welfare
recipients and eligible low-income individuals to and
from specified jobs, training, and other employment
support services, and the extent to which the proposed
services will address those needs;
[(3) the extent to which the applicant demonstrates--
[(A) coordination with, and the financial
commitment of, existing transportation service
providers; and
[(B) coordination with the State agency that
administers the State program funded under part
A of title IV of the Social Security Act;
[(4) the extent to which the applicant demonstrates
maximum utilization of existing transportation service
providers and expands transit networks or hours of
service, or both;
[(5) the extent to which the applicant demonstrates
an innovative approach that is responsive to identified
service needs;
[(6) the extent to which the applicant--
[(A) in the case of an applicant seeking
assistance to finance an access to jobs
project, presents a regional transportation
plan for addressing the transportation needs of
welfare recipients and eligible low-income
individuals; and
[(B) identifies long-term financing
strategies to support the services under this
section;
[(7) the extent to which the applicant demonstrates
that the community to be served has been consulted in
the planning process; and
[(8) in the case of an applicant seeking assistance
to finance a reverse commute project, the need for
additional services identified in a regional
transportation plan to transport individuals to
suburban employment opportunities, and the extent to
which the proposed services will address those needs.
[(g) Competitive Grant Selection.--The Secretary shall
conduct a national solicitation for applications for grants
under this section. Grantees shall be selected on a competitive
basis.
[(h) Cost Sharing.--
[(1) Maximum amount.--The amount of a grant under
this section may not exceed 50 percent of the total
project cost.
[(2) Nongovernmental share.--
[(A) In general.--The portion of the total
cost of an eligible project that is not funded
under this section--
[(i) shall be provided in cash from
sources other than revenues from
providing mass transportation, but may
include amounts received under a
service agreement; and
[(ii) may be derived from amounts
appropriated to or made available to a
department or agency of the Federal
Government (other than the Department
of Transportation) that are eligible to
be expended for transportation.
[(B) Inapplicability.--For purposes of
subparagraph (A)(ii), the prohibitions on the
use of funds for matching requirements under
section 403(a)(5)(C)(vi) of the Social Security
Act shall not apply to Federal or State funds
to be used for transportation services.
[(i) Planning Requirements.--
[(1) In general.--The requirements of sections 5303
through 5306 of title 49, United States Code, apply to
any grant made under this section.
[(2) Coordination.--Each application for a grant
under this section shall reflect coordination with and
the approval of affected transit grant recipients. The
eligible access to jobs projects financed under this
section shall be part of a coordinated public transit-
human services transportation planning process.
[(j) Grant Requirements.--A grant under this section shall be
subject to--
[(1) all of the terms and conditions to which a grant
made under section 5307 of title 49, United States
Code, is subject; and
[(2) such other terms and conditions as are
determined by the Secretary.
[(k) Program Evaluation.--
[(1) Comptroller general.--Beginning 6 months after
the date of enactment of this Act, and every 6 months
thereafter, the Comptroller General of the United
States shall--
[(A) conduct a study to evaluate the grant
program authorized under this section; and
[(B) submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the
Senate a report describing the results of each
study under subparagraph (A).
[(2) Department of transportation.--Not later than 2
years after the date of enactment of this Act, the
Secretary shall--
[(A) conduct a study to evaluate the access
to jobs grant program authorized under this
section; and
[(B) submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the
Senate a report describing the results of the
study under subparagraph (A).
[(l) Authorization and Allocation.--
[(1) In general.--
[(A) From the trust fund.--There shall be
available from the Mass Transit Account of the
Highway Trust Fund to carry out this section--
[(i) $40,000,000 for fiscal year
1999;
[(ii) $60,000,000 for fiscal year
2000;
[(iii) $80,000,000 for fiscal year
2001;
[(iv) $100,000,000 for fiscal year
2002;
[(v) $120,000,000 for fiscal year
2003; and
[(vi) $50,519,167 for the period of
October 1, 2003, through February 29,
2004.
[(B) From the general fund.--In addition to
amounts made available under subparagraph (A),
there are authorized to be appropriated to
carry out this section--
[(i) $10,000,000 for fiscal year
1999;
[(ii) $15,000,000 for fiscal year
2000;
[(iii) $20,000,000 for fiscal year
2001;
[(iv) $25,000,000 for fiscal year
2002;
[(v) $30,000,000 for fiscal year
2003; and
[(vi) $12,638,333 for the period of
October 1, 2003, through February 29,
2004.
[(C) Additional amounts.--In addition to
amounts made available under subparagraphs (A)
and (B)under the Transportation Discretionary
Spending Guarantee for the Mass Transit
Category, there are authorized to be
appropriated to carry out this section--
[(i) $100,000,000 for fiscal year
1999;
[(ii) $75,000,000 for fiscal year
2000;
[(iii) $50,000,000 for fiscal year
2001; and
[(iv) $25,000,000 for fiscal year
2002.
[(2) Set-aside for reverse commute projects.--Of
amounts made available by or appropriated under
subparagraphs (A) and (B) of paragraph (1) to carry out
this section in each fiscal year, not more than
$10,000,000 shall be used for grants for reverse
commute projects; except that in the period of October
1, 2003, through February 29, 2004, $4,166,667 shall be
used for such projects.
[(3) Allocation.--The amounts made available by or
appropriated under paragraph (1) to carry out this
section in each fiscal year shall be allocated as
follows:
[(A) 60 percent shall be allocated for
eligible projects in urbanized areas with
populations of at least 200,000.
[(B) 20 percent shall be allocated for
eligible projects in urbanized areas with
populations of less than 200,000.
[(C) 20 percent shall be allocated for
eligible projects in areas other than urbanized
areas.]
* * * * * * *
[SEC. 3038. RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PROGRAM.]
SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.
(a) * * *
* * * * * * *
[(e) Federal Share of Costs.--The Federal share of costs
under this section shall be provided from funds made available
to carry out this section. The Federal share of the costs for a
project shall not exceed 90 percent of the project cost.]
(e) Federal Share of Costs.--The Federal share of costs under
this section shall be provided from funds made available to
carry out this section. The Federal share of the costs for a
project shall not exceed 80 percent of the project cost.
* * * * * * *
[(g) Funding.--
[(1) Intercity, fixed-route over-the-road bus
service.--Of amounts made available by or appropriated
under section 5338(a)(2) of title 49, United States
Code (before allocation under section 5338(a)(2)(C) of
that title), the following amounts shall be available
for operators of over-the-road buses used substantially
or exclusively in intercity, fixed-route over-the-road
bus service to finance the incremental capital and
training costs of the Department of Transportation's
final rule regarding accessibility of over-the-road
buses:
[(A) $2,000,000 for fiscal year 1999.
[(B) $2,000,000 for fiscal year 2000.
[(C) $3,000,000 for fiscal year 2001.
[(D) $5,250,000 for fiscal year 2002.
[(E) $5,250,000 for fiscal year 2003.
[(F) $2,187,500 for the period of October 1,
2003, through February 29, 2004.
Such sums shall remain available until expended.
[(2) Other over-the-road bus service.--Of amounts
made available by or appropriated under section
5338(a)(2) of title 49, United States Code (before
allocation under section 5338(a)(2)(C) of that title),
$6,800,000 shall be available for fiscal years 2000
through 2003 (and $708,333 shall be available for the
period of October 1, 2003, through February 29, 2004)
for operators of other over-the-road bus service to
finance the incremental capital and training costs of
the Department of Transportation's final rule regarding
accessibility of over-the-road buses. Such sums shall
remain available until expended.]
(g) Funding.--
(1) Of the amounts made available to carry out this
section in each fiscal year, 75 percent shall be
available for operators of over-the-road buses used
substantially or exclusively in intercity, fixed-route
over-the-road bus service to finance the incremental
capital and training costs of the Department of
Transportation's final rule regarding accessibility of
over-the-road buses. Such amounts shall remain
available until expended.
(2) Of the amounts made available to carry out this
section in each fiscal year, 25 percent shall be
available for operators of other over-the-road bus
service to finance the incremental capital and training
costs of the Department of Transportation's final rule
regarding accessibility of over-the-road buses. Such
amounts shall remain available until expended.
* * * * * * *
TITLE V--TRANSPORTATION RESEARCH
* * * * * * *
Subtitle B--Research and Technology
* * * * * * *
SEC. 5117. TRANSPORTATION TECHNOLOGY INNOVATION AND DEMONSTRATION
PROGRAM.
(a) * * *
(b) Contents of Program.--
(1) * * *
* * * * * * *
(3) Intelligent transportation infrastructure.--
(A) * * *
* * * * * * *
(E) Use of rights-of-way.--
(i) In general.--An intelligent
transportation system project described
in paragraph (3), and an intelligent
transportation system project described
in paragraph (6), that involves
privately owned intelligent
transportation system components and is
carried out using funds made available
from the Highway Trust Fund (other than
the Mass Transit Account) shall not be
subject to any law or regulation of a
State or political subdivision of a
State prohibiting or regulating
commercial activities in the rights-of-
way of a highway for which funds from
the Highway Trust Fund (other than the
Mass Transit Account) have been used
for planning, design, construction, or
maintenance if the Secretary determines
that such use is in the public
interest.
(ii) Limitation on statutory
construction.--Nothing in this
subparagraph shall be construed to
affect the authority of a State, or
political subdivision of a State, to
regulate highway safety.
[(E)] (F) Definitions.--In this paragraph:
(i) * * *
* * * * * * *
[(F)] (G) 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.
[(G)] (H) 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.
* * * * * * *
[Subtitle C--Intelligent Transportation Systems
[SEC. 5201. SHORT TITLE.
[This subtitle may be cited as the ``Intelligent
Transportation Systems Act of 1998''.
[SEC. 5202. FINDINGS.
[Congress finds that--
[(1) investments authorized by the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1914
et seq.) have demonstrated that intelligent
transportation systems can mitigate surface
transportation problems in a cost-effective manner; and
[(2) continued investment in architecture and
standards development, research, and systems
integration is needed to accelerate the rate at which
intelligent transportation systems are incorporated
into the national surface transportation network,
thereby improving transportation safety and efficiency
and reducing costs and negative impacts on communities
and the environment.
[SEC. 5203. GOALS AND PURPOSES.
[(a) Goals.--The goals of the intelligent transportation
system program include--
[(1) enhancement of surface transportation efficiency
and facilitation of intermodalism and international
trade to enable existing facilities to meet a
significant portion of future transportation needs,
including public access to employment, goods, and
services, and to reduce regulatory, financial, and
other transaction costs to public agencies and system
users;
[(2) achievement of national transportation safety
goals, including the enhancement of safe operation of
motor vehicles and nonmotorized vehicles, with
particular emphasis on decreasing the number and
severity of collisions;
[(3) protection and enhancement of the natural
environment and communities affected by surface
transportation, with particular emphasis on assisting
State and local governments to achieve national
environmental goals;
[(4) accommodation of the needs of all users of
surface transportation systems, including operators of
commercial vehicles, passenger vehicles, and
motorcycles, and including individuals with
disabilities; and
[(5) improvement of the Nation's ability to respond
to emergencies and natural disasters and enhancement of
national defense mobility.
[(b) Purposes.--The Secretary shall implement activities
under the intelligent system transportation program to, at a
minimum--
[(1) expedite, in both metropolitan and rural areas,
deployment and integration of intelligent
transportation systems for consumers of passenger and
freight transportation;
[(2) ensure that Federal, State, and local
transportation officials have adequate knowledge of
intelligent transportation systems for full
consideration in the transportation planning process;
[(3) improve regional cooperation and operations
planning for effective intelligent transportation
system deployment;
[(4) promote the innovative use of private resources;
[(5) develop a workforce capable of developing,
operating, and maintaining intelligent transportation
systems; and
[(6) complete deployment of Commercial Vehicle
Information Systems and Networks in a majority of
States by September 30, 2003.
[SEC. 5204. GENERAL AUTHORITIES AND REQUIREMENTS.
[(a) Scope.--Subject to the provisions of this subtitle, the
Secretary shall conduct an ongoing intelligent transportation
system program to research, develop, and operationally test
intelligent transportation systems and advance nationwide
deployment of such systems as a component of the surface
transportation systems of the United States.
[(b) Policy.--Intelligent transportation system operational
tests and deployment projects funded pursuant to this subtitle
shall encourage and not displace public-private partnerships or
private sector investment in such tests and projects.
[(c) Cooperation With Governmental, Private, and Educational
Entities.--The Secretary shall carry out the intelligent
transportation system program in cooperation with State and
local governments and other public entities, the United States
private sector, the Federal laboratories, and colleges and
universities, including historically black colleges and
universities and other minority institutions of higher
education.
[(d) Consultation With Federal Officials.--In carrying out
the intelligent transportation system program, the Secretary,
as appropriate, shall consult with the Secretary of Commerce,
the Secretary of the Treasury, the Administrator of the
Environmental Protection Agency, the Director of the National
Science Foundation, and the heads of other Federal departments
and agencies.
[(e) Technical Assistance, Training, and Information.--The
Secretary may provide technical assistance, training, and
information to State and local governments seeking to
implement, operate, maintain, or evaluate intelligent
transportation system technologies and services.
[(f) Transportation Planning.--The Secretary may provide
funding to support adequate consideration of transportation
system management and operations, including intelligent
transportation systems, within metropolitan and statewide
transportation planning processes.
[(g) Information Clearinghouse.--
[(1) In general.--The Secretary shall--
[(A) maintain a repository for technical and
safety data collected as a result of federally
sponsored projects carried out under this
subtitle; and
[(B) on request, make that information
(except for proprietary information and data)
readily available to all users of the
repository at an appropriate cost.
[(2) Delegation of authority.--
[(A) In general.--The Secretary may delegate
the responsibility of the Secretary under this
subsection, with continuing oversight by the
Secretary, to an appropriate entity not within
the Department of Transportation.
[(B) Federal assistance.--If the Secretary
delegates the responsibility, the entity to
which the responsibility is delegated shall be
eligible for Federal assistance under this
section.
[(h) Advisory Committees.--
[(1) In general.--In carrying out this subtitle, the
Secretary may use 1 or more advisory committees.
[(2) Applicability of federal advisory committee
act.--Any advisory committee so used shall be subject
to the Federal Advisory Committee Act (5 U.S.C. App.).
[(i) Procurement Methods.--
[(1) Technical assistance.--The Secretary shall
develop appropriate technical assistance and guidance
to assist State and local agencies in evaluating and
selecting appropriate methods of procurement for
intelligent transportation system projects carried out
using funds made available from the Highway Trust Fund,
including innovative and nontraditional methods such as
the Information Technology Omnibus Procurement.
[(2) Intelligent transportation system software.--To
the maximum extent practicable, contracting officials
shall use as a critical evaluation criterion the
Software Engineering Institute's Capability Maturity
Model, or another similar recognized standard risk
assessment methodology, to reduce the cost, schedule,
and performance risks associated with the development,
management, and integration of intelligent
transportation system software.
[(j) Evaluations.--
[(1) Guidelines and requirements.--
[(A) In general.--The Secretary shall issue
guidelines and requirements for the evaluation
of operational tests and deployment projects
carried out under this subtitle.
[(B) Objectivity and independence.--The
guidelines and requirements issued under
subparagraph (A) shall include provisions to
ensure the objectivity and independence of the
evaluator so as to avoid any real or apparent
conflict of interest or potential influence on
the outcome by parties to any such test or
deployment project or by any other formal
evaluation carried out under this subtitle.
[(C) Funding.--The guidelines and
requirements issued under subparagraph (A)
shall establish evaluation funding levels based
on the size and scope of each test or project
that ensure adequate evaluation of the results
of the test or project.
[(2) Special rule.--Any survey, questionnaire, or
interview that the Secretary considers necessary to
carry out the evaluation of any test, deployment
project, or program assessment activity under this
subtitle shall not be subject to chapter 35 of title
44.
[(k) Use of Rights-of-Way.--Intelligent transportation system
projects specified in section 5117(b)(3) and 5117(b)(6) and
involving privately owned intelligent transportation system
components that is carried out using funds made available from
the Highway Trust Fund shall not be subject to any law or
regulation of a State or political subdivision of a State
prohibiting or regulating commercial activities in the rights-
of-way of a highway for which Federal-aid highway funds have
been utilized for planning, design, construction, or
maintenance, if the Secretary of Transportation determines that
such use is in the public interest. Nothing in this subsection
shall affect the authority of a State or political subdivision
of a State to regulate highway safety.
[SEC. 5205. NATIONAL ITS PROGRAM PLAN.
[(a) In General.--
[(1) Updates.--The Secretary shall maintain and
update, as necessary, the National ITS Program Plan
developed by the Department of Transportation and the
Intelligent Transportation Society of America.
[(2) Scope.--The National ITS Program Plan shall--
[(A) specify the goals, objectives, and
milestones for the research and deployment of
intelligent transportation systems in the
context of major metropolitan areas, smaller
metropolitan and rural areas, and commercial
vehicle operations;
[(B) specify how specific programs and
projects will achieve the goals, objectives,
and milestones referred to in subparagraph (A),
including consideration of the 5- and 10-year
timeframes for the goals and objectives;
[(C) identify activities that provide for the
dynamic development of standards and protocols
to promote and ensure interoperability in the
implementation of intelligent transportation
system technologies, including actions taken to
establish critical standards; and
[(D) establish a cooperative process with
State and local governments for determining
desired surface transportation system
performance levels and developing plans for
incorporation of specific intelligent
transportation system capabilities into surface
transportation systems.
[(b) Reporting.--The plan described in subsection (a) shall
be transmitted and updated as part of the Surface
Transportation Research and Development Strategic Plan
developed under section 508 of title 23, United States Code.
[SEC. 5206. NATIONAL ARCHITECTURE AND STANDARDS.
[(a) In General.--
[(1) Development, implementation, and maintenance.--
Consistent with section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note; 110 Stat. 783), the Secretary shall
develop, implement, and maintain a national
architecture and supporting standards and protocols to
promote the widespread use and evaluation of
intelligent transportation system technology as a
component of the surface transportation systems of the
United States.
[(2) Interoperability and efficiency.--To the maximum
extent practicable, the national architecture shall
promote interoperability among, and efficiency of,
intelligent transportation system technologies
implemented throughout the United States.
[(3) Use of standards development organizations.--In
carrying out this section, the Secretary may use the
services of such standards development organizations as
the Secretary determines to be appropriate.
[(b) Report on Critical Standards.--Not later than June 1,
1999, the Secretary shall submit a report to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Science
of the House of Representatives identifying which standards are
critical to ensuring national interoperability or critical to
the development of other standards and specifying the status of
the development of each standard identified.
[(c) Provisional Standards.--
[(1) In general.--If the Secretary finds that the
development or balloting of an intelligent
transportation system standard jeopardizes the timely
achievement of the objectives identified in subsection
(a), the Secretary may establish a provisional standard
after consultation with affected parties, and using, to
the extent practicable, the work product of appropriate
standards development organizations.
[(2) Critical standards.--If a standard identified as
critical in the report under subsection (b) is not
adopted and published by the appropriate standards
development organization by January 1, 2001, the
Secretary shall establish a provisional standard after
consultation with affected parties, and using, to the
extent practicable, the work product of appropriate
standards development organizations.
[(3) Period of effectiveness.--A provisional standard
established under paragraph (1) or (2) shall be
published in the Federal Register and remain in effect
until the appropriate standards development
organization adopts and publishes a standard.
[(d) Waiver of Requirement To Establish Provisional
Standard.--
[(1) In general.--The Secretary may waive the
requirement under subsection (c)(2) to establish a
provisional standard if the Secretary determines that
additional time would be productive or that
establishment of a provisional standard would be
counterproductive to achieving the timely achievement
of the objectives identified in subsection (a).
[(2) Notice.--The Secretary shall publish in the
Federal Register a notice describing each standard for
which a waiver of the provisional standard requirement
has been granted, the reasons for and effects of
granting the waiver, and an estimate as to when the
standard is expected to be adopted through a process
consistent with section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note; 110 Stat. 783).
[(3) Withdrawal of waiver.--At any time the Secretary
may withdraw a waiver granted under paragraph (1). Upon
such withdrawal, the Secretary shall publish in the
Federal Register a notice describing each standard for
which a waiver has been withdrawn and the reasons for
withdrawing the waiver.
[(e) Conformity With National Architecture.--
[(1) In general.--Except as provided in paragraphs
(2) and (3), the Secretary shall ensure that
intelligent transportation system projects carried out
using funds made available from the Highway Trust Fund,
including funds made available under this subtitle to
deploy intelligent transportation system technologies,
conform to the national architecture, applicable
standards or provisional standards, and protocols
developed under subsection (a).
[(2) Secretary's discretion.--The Secretary may
authorize exceptions to paragraph (1) for--
[(A) projects designed to achieve specific
research objectives outlined in the National
ITS Program Plan under section 5205 or the
Surface Transportation Research and Development
Strategic Plan developed under section 508 of
title 23, United States Code; or
[(B) the upgrade or expansion of an
intelligent transportation system in existence
on the date of enactment of this subtitle, if
the Secretary determines that the upgrade or
expansion--
[(i) would not adversely affect the
goals or purposes of this subtitle;
[(ii) is carried out before the end
of the useful life of such system; and
[(iii) is cost-effective as compared
to alternatives that would meet the
conformity requirement of paragraph
(1).
[(3) Exceptions.--Paragraph (1) shall not apply to
funds used for operation or maintenance of an
intelligent transportation system in existence on the
date of enactment of this subtitle.
[(f) Spectrum.--The Federal Communications Commission shall
consider, in consultation with the Secretary, spectrum needs
for the operation of intelligent transportation systems,
including spectrum for the dedicated short-range vehicle-to-
wayside wireless standard. Not later than January 1, 2000, the
Federal Communications Commission shall have completed a
rulemaking considering the allocation of spectrum for
intelligent transportation systems.
[SEC. 5207. RESEARCH AND DEVELOPMENT.
[(a) In General.--The Secretary shall carry out a
comprehensive program of intelligent transportation system
research, development and operational tests of intelligent
vehicles and intelligent infrastructure systems, and other
similar activities that are necessary to carry out this
subtitle.
[(b) Priority Areas.--Under the program, the Secretary shall
give higher priority to funding projects that--
[(1) address traffic management, incident management,
transit management, toll collection, traveler
information, or highway operations systems;
[(2) focus on crash-avoidance and integration of in-
vehicle crash protection technologies with other on-
board safety systems, including the interaction of air
bags and safety belts;
[(3) incorporate human factors research, including
the science of the driving process;
[(4) facilitate the integration of intelligent
infrastructure, vehicle, and control technologies,
including magnetic guidance control systems or other
materials or magnetics research; or
[(5) incorporate research on the impact of
environmental, weather, and natural conditions on
intelligent transportation systems, including the
effects of cold climates.
[(c) Operational Tests.--Operational tests conducted under
this section shall be designed for the collection of data to
permit objective evaluation of the results of the tests,
derivation of cost-benefit information that is useful to others
contemplating deployment of similar systems, and development
and implementation of standards.
[(d) Federal Share.--The Federal share of the cost of
operational tests and demonstrations under subsection (a) shall
not exceed 80 percent.
[SEC. 5208. INTELLIGENT TRANSPORTATION SYSTEM INTEGRATION PROGRAM.
[(a) In General.--The Secretary shall conduct a comprehensive
program to accelerate the integration and interoperability of
intelligent transportation systems in metropolitan and rural
areas. Under the program, the Secretary shall select for
funding, through competitive solicitation, projects that will
serve as models to improve transportation efficiency, promote
safety (including safe freight movement), increase traffic flow
(including the flow of intermodal travel at ports of entry),
reduce emissions of air pollutants, improve traveler
information, enhance alternative transportation modes, build on
existing intelligent transportation system projects, or promote
tourism.
[(b) Selection of Projects.--Under the program, the Secretary
shall give priority to funding projects that--
[(1) contribute to national deployment goals and
objectives outlined in the National ITS Program Plan
under section 5205;
[(2) demonstrate a strong commitment to cooperation
among agencies, jurisdictions, and the private sector,
as evidenced by signed memoranda of understanding that
clearly define the responsibilities and relations of
all parties to a partnership arrangement, including
institutional relationships and financial agreements
needed to support deployment;
[(3) encourage private sector involvement and
financial commitment, to the maximum extent
practicable, through innovative financial arrangements,
especially public-private partnerships, including
arrangements that generate revenue to offset public
investment costs;
[(4) demonstrate commitment to a comprehensive plan
of fully integrated intelligent transportation system
deployment in accordance with the national architecture
and standards and protocols established under section
5206;
[(5) are part of approved plans and programs
developed under applicable statewide and metropolitan
transportation planning processes and applicable State
air quality implementation plans, as appropriate, at
the time at which Federal funds are sought;
[(6) minimize the relative percentage and amount of
Federal contributions under this section to total
project costs;
[(7) ensure continued, long-term operations and
maintenance without continued reliance on Federal
funding under this subtitle, as evidenced by documented
evidence of fiscal capacity and commitment from
anticipated public and private sources;
[(8) demonstrate technical capacity for effective
operations and maintenance or commitment to acquiring
necessary skills;
[(9) mitigate any adverse impacts on bicycle and
pedestrian transportation and safety; or
[(10) in the case of a rural area, meet other safety,
mobility, geographic and regional diversity, or
economic development criteria as determined by the
Secretary.
[(c) Fiscal Year Limitations.--Of the amounts made available
to carry out this section for a fiscal year--
[(1) not more that $15,000,000 may be used for
projects in a single metropolitan area;
[(2) not more than $2,000,000 may be used for
projects in a single rural area; and
[(3) not more than $35,000,000 may be used for
projects in a State.
[(d) Funding Limitations.--
[(1) Projects in metropolitan areas.--Funding under
this section for intelligent transportation
infrastructure projects in metropolitan areas shall be
used primarily for activities necessary to integrate
intelligent transportation infrastructure elements that
are either deployed or to be deployed with other
sources of funds.
[(2) Other projects.--For projects outside
metropolitan areas, funding provided under this
subtitle may also be used for installation of
intelligent transportation infrastructure elements.
[(e) Funding for Rural Areas.--The Secretary shall allocate
not less than 10 percent of funds authorized by section
5001(c)(4)(A) in rural areas for intelligent transportation
infrastructure deployment activities funded under this section
to carry out intelligent transportation infrastructure
deployment activities in rural areas.
[(f) Federal Share.--
[(1) Funds made available under this section.--The
Federal share of the cost of a project payable from
funds made available under this section shall not
exceed 50 percent.
[(2) Funds made available from all federal sources.--
The total Federal share of the cost of a project
payable from all eligible sources (including this
section) shall not exceed 80 percent.
[(g) Corridor Development and Coordination.--
[(1) In general.--The Secretary shall encourage
multistate cooperative agreements, coalitions, or other
arrangements intended to promote regional cooperation,
planning, and shared project implementation for
intelligent transportation system projects.
[(2) Great lakes its implementation.--
[(A) In general.--The Secretary shall make
grants under this subsection to the State of
Wisconsin to continue ITS activities in the
corridor serving the Greater Milwaukee,
Wisconsin, Chicago, Illinois, and Gary,
Indiana, areas initiated under the Intermodal
Surface Transportation Efficiency Act of 1991
and other areas of the State.
[(B) Funding.--Of the amounts made available
for each of fiscal years 1998 through 2003
under section 5001(c)(4)(A) of this Act,
$2,000,000 per fiscal year shall be available
to carry out this paragraph.
[(3) Northeast its implementation.--
[(A) In general.--The Secretary shall make
grants under this subsection to the States to
continue ITS activities in the Interstate Route
I-95 corridor in the northeastern United States
initiated under the Intermodal Surface
Transportation Efficiency Act of 1991.
[(B) Funding.--Of the amounts made available
for each of fiscal years 1998 through 2003
under section 5001(c)(4)(A) of this Act,
$5,000,000 per fiscal year shall be available
to carry out this paragraph.
[SEC. 5209. COMMERCIAL VEHICLE INTELLIGENT TRANSPORTATION SYSTEM
INFRASTRUCTURE DEPLOYMENT.
[(a) In General.--The Secretary shall carry out a
comprehensive program to deploy intelligent transportation
systems that--
[(1) improve the safety and productivity of
commercial vehicles and drivers; and
[(2) reduce costs associated with commercial vehicle
operations and Federal and State commercial vehicle
regulatory requirements.
[(b) Purpose.--The program shall advance the technological
capability and promote the deployment of intelligent
transportation system applications to commercial vehicle
operations, including commercial vehicle, commercial driver,
and carrier-specific information systems and networks.
[(c) Priority Areas.--In carrying out the program, the
Secretary shall give priority to projects that--
[(1) encourage multistate cooperation and corridor
development;
[(2)(A) improve the safety of commercial vehicle
operations; and
[(B) increase the efficiency of regulatory inspection
processes to reduce administrative burdens by advancing
technology to facilitate inspections and generally
increase the effectiveness of enforcement efforts;
[(3)(A) advance electronic processing of registration
information, driver licensing information, fuel tax
information, inspection and crash data, and other
safety information; and
[(B) promote communication of the information among
the States; or
[(4) enhance the safe passage of commercial vehicles
across the United States and across international
borders.
[(d) Leveraging of Federal Funds.--Federal funds used to
carry out the program shall, to the maximum extent
practicable--
[(1) be leveraged with non-Federal funds; and
[(2) be used for activities not carried out through
the use of private funds.
[(e) Federal Share.--The Federal share of the cost of the
project payable from funds made available to carry out this
section shall not exceed 50 percent. The total Federal share of
the cost of the project payable from all eligible sources shall
not exceed 80 percent.
[SEC. 5210. USE OF FUNDS.
[(a) Outreach and Public Relations Limitation.--
[(1) In general.--For each fiscal year, not more than
$5,000,000 of the funds made available to carry out
this subtitle shall be used for intelligent
transportation system outreach, public relations,
displays, scholarships, tours, and brochures.
[(2) Applicability.--Paragraph (1) shall not apply to
intelligent transportation system training or the
publication or distribution of research findings,
technical guidance, or similar documents.
[(b) Infrastructure Development.--Funds made available to
carry out this subtitle for operational tests and deployment
projects--
[(1) shall be used primarily for the development of
intelligent transportation system infrastructure; and
[(2) to the maximum extent practicable, shall not be
used for the construction of physical highway and
transit infrastructure unless the construction is
incidental and critically necessary to the
implementation of an intelligent transportation system
project.
[(c) Life Cycle Cost Analysis and Financing and Operations
Plan.--The Secretary shall require an applicant for funds made
available under sections 5208 and 5209 to submit to the
Secretary--
[(1) an analysis of the life-cycle costs of operation
and maintenance of intelligent transportation system
elements, if the total initial capital costs of the
elements exceed $3,000,000; and
[(2) a multiyear financing and operations plan that
describes how the project will be cost-effectively
operated and maintained.
[(d) Use of Innovative Financing.--
[(1) In general.--The Secretary may use up to 25
percent of the funds made available to carry out this
subtitle to make available loans, lines of credit, and
loan guarantees for projects that are eligible for
assistance under this subtitle and that have
significant intelligent transportation system elements.
[(2) Consistency with other law.--Credit assistance
described in paragraph (1) shall be made available in a
manner consistent with the Transportation
Infrastructure Finance and Innovation Act of 1998.
[SEC. 5211. DEFINITIONS.
[In this subtitle, the following definitions apply:
[(1) Commercial vehicle information systems and
networks.--The term ``Commercial Vehicle Information
Systems and Networks'' means the information systems
and communications networks that support commercial
vehicle operations.
[(2) Commercial vehicle operations.--The term
``commercial vehicle operations''--
[(A) means motor carrier operations and motor
vehicle regulatory activities associated with
the commercial movement of goods, including
hazardous materials, and passengers; and
[(B) with respect to the public sector,
includes the issuance of operating credentials,
the administration of motor vehicle and fuel
taxes, and roadside safety and border crossing
inspection and regulatory compliance
operations.
[(3) Corridor.--The term ``corridor'' means any major
transportation route that includes parallel limited
access highways, major arterials, or transit lines.
[(4) Intelligent transportation infrastructure.--The
term ``intelligent transportation infrastructure''
means fully integrated public sector intelligent
transportation system components, as defined by the
Secretary.
[(5) Intelligent transportation system.--The term
``intelligent transportation system'' means
electronics, communications, or information processing
used singly or in combination to improve the efficiency
or safety of a surface transportation system.
[(6) National architecture.--The term ``national
architecture'' means the common framework for
interoperability adopted by the Secretary that
defines--
[(A) the functions associated with
intelligent transportation system user
services;
[(B) the physical entities or subsystems
within which the functions reside;
[(C) the data interfaces and information
flows between physical subsystems; and
[(D) the communications requirements
associated with the information flows.
[(7) Standard.--The term ``standard'' means a
document that--
[(A) contains technical specifications or
other precise criteria for intelligent
transportation systems that are to be used
consistently as rules, guidelines, or
definitions of characteristics so as to ensure
that materials, products, processes, and
services are fit for their purposes; and
[(B) may support the national architecture
and promote--
[(i) the widespread use and adoption
of intelligent transportation system
technology as a component of the
surface transportation systems of the
United States; and
[(ii) interoperability among
intelligent transportation system
technologies implemented throughout the
States.
[(8) State.--The term ``State'' has the meaning given
the term under section 101 of title 23, United States
Code.
[SEC. 5212. PROJECT FUNDING.
[(a) Use of Hazardous Materials Monitoring Systems.--
[(1) In general.--The Secretary shall conduct
research on improved methods of deploying and
integrating existing ITS projects to include hazardous
materials monitoring systems across various modes of
transportation.
[(2) Funding.--Of the amounts made available for each
of fiscal years 1998 through 2003 by section 5001(a)(6)
of this Act, $1,500,000 per fiscal year shall be
available to carry out this paragraph.
[(b) Outreach and Technology Transfer Activities.--
[(1) In general.--The Secretary shall continue to
support the Urban Consortium's ITS outreach and
technology transfer activities.
[(2) Funding.--Of the amounts made available for each
of fiscal years 1998 through 2003 by section 5001(a)(5)
of this Act, $500,000 per fiscal year shall be
available to carry out this paragraph.
[(c) Translink.--
[(1) In general.--The Secretary shall make grants to
the Texas Transportation Institute to continue the
Translink Research program.
[(2) Funding.--Of the amounts allocated for each of
fiscal years 1999 through 2001 by section 5001(a)(6) of
this Act, $1,300,000 per fiscal year shall be available
to carry out this paragraph.]
* * * * * * *
----------
INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991
* * * * * * *
TITLE I--SURFACE TRANSPORTATION
Part A--Title 23 Programs
* * * * * * *
SEC. 1012. TOLL ROADS, BRIDGES, AND TUNNELS.
(a) * * *
(b) [Value Pricing] Congestion Pricing Pilot Program.--[(1)
The Secretary shall solicit the participation of State and
local governments and public authorities for one or more value
pricing pilot programs. The Secretary may enter into
cooperative agreements with as many as 15 such State or local
governments or public authorities to establish, maintain, and
monitor value pricing programs.]
(1) Establishment.--
(A) In general.--The Secretary may enter into
cooperative agreements with State and local
governments to carry out not more than 25
congestion pricing pilot projects.
(B) Previously approved projects.--Projects
carried out under paragraph (1) shall include
each project approved under this subsection
before the date of enactment of the
Transportation Equity Act: A Legacy for Users
and under which highway tolls are being
collected as of such date of enactment.
[(2) Notwithstanding]
(2) Federal share; eligible costs.--Notwithstanding
section 129 of title 23, United States Code, the
Federal share payable for such [programs] projects
shall be 80 percent. The Secretary shall fund all
preimplementation costs and project design, and all of
the development and other start up costs of such
projects, including salaries and expenses, for a period
of at least 1 year, and thereafter until such time that
sufficient revenues are being generated by the
[program] project to fund its operating costs without
Federal participation, except that the Secretary may
not fund the preimplementation or implementation costs
of any project for more than 3 years.
[(3) Revenues]
(3) Use of revenues.--Revenues generated by any pilot
project under this subsection must be applied to
projects eligible under such title.
[(4) Notwithstanding]
(4) Use of tolls on interstate system.--
Notwithstanding sections 129 and 301 of title 23,
United States Code, the Secretary shall allow the use
of tolls on the Interstate System as part of any [value
pricing pilot program] congestion pricing pilot project
under this subsection.
[(5) The Secretary]
(5) Monitoring.--The Secretary shall monitor the
effect of such [programs] projects for a period of at
least 10 years, and 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 every 2 years on the effects
such [programs] projects are having on driver behavior,
traffic volume, transit ridership, air quality, and
availability of funds for transportation programs.
(6) HOV passenger requirements.--Notwithstanding
section 102(a) of title 23, United States Code, a State
may permit vehicles with fewer than 2 occupants to
operate in high occupancy vehicle lanes if the vehicles
are part of a [value pricing pilot program] congestion
pricing pilot project under this subsection.
[(7) Financial effects on low-income drivers.--Any
value pricing pilot program under this subsection shall
include, if appropriate, an analysis of the potential
effects of the pilot program on low-income drivers and
may include mitigation measures to deal with any
potential adverse financial effects on low-income
drivers.]
(7) Reduced tolls for low-income drivers.--Any
congestion pricing pilot project carried out under this
subsection that involves the collection of highway
tolls shall include a program to permit low-income
drivers to pay a reduced toll amount.
(8) Funding.--
(A) * * *
* * * * * * *
(D) Set-aside for projects not involving
highway tolls.--Of the amounts made available
to carry out this subsection, $3,000,000 per
fiscal year shall be available only for
congestion pricing pilot projects that do not
involve highway tolls.
* * * * * * *
SEC. 1023. GROSS VEHICLE WEIGHT RESTRICTION.
(a) * * *
* * * * * * *
(h) Over-the-Road Buses and Public Transit Vehicles.--
(1) Temporary exemption.--The second sentence of
section 127 of title 23, United States Code, relating
to axle weight limitations for vehicles using the
Dwight D. Eisenhower System of Interstate and Defense
Highways, shall not apply, for the period beginning on
October 6, 1992, and ending on October 1, [2003] 2009,
to--
(A) * * *
* * * * * * *
SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
(a) * * *
* * * * * * *
(c) Identification of High Priority Corridors on National
Highway System.--The following are high priority corridors on
the National Highway System:
(1) * * *
* * * * * * *
(45) The United States Route 78 Corridor from
Memphis, Tennessee, to Corridor X of the Appalachian
development highway system near Fulton, Mississippi,
and Corridor X of the Appalachian development highway
system extending from near Fulton, Mississippi, to near
Birmingham, Alabama.
(46) Interstate Route 710 between the terminus at
Long Beach, California, to California State Route 60.
(47) Interstate Route 87 from the Quebec border to
New York City.
(48) The Route 50 High Plains Corridor along the
United States Route 50 corridor from Newton, Kansas, to
Pueblo, Colorado.
(49) The Atlantic Commerce Corridor on Interstate
Route 95 from Jacksonville, Florida, to Miami, Florida.
(50) The East-West Corridor commencing in Watertown,
New York, continuing northeast through New York,
Vermont, New Hampshire, and Maine, and terminating in
Calais, Maine.
(51) The SPIRIT Corridor on United States Route 54
from El Paso, Texas, through New Mexico, Texas, and
Oklahoma to Wichita, Kansas.
(52) The route in Arkansas running south and parallel
to United States Route 226 from the relocation of
United States Route 67 to the vicinity of United States
Route 49 and United States Route 63.
* * * * * * *
TITLE III--FEDERAL TRANSIT ACT AMENDMENTS OF 1991
* * * * * * *
SEC. 3031. NEW JERSEY URBAN CORE PROJECT.
(a) * * *
* * * * * * *
(d) Elements of Urban Core Project.--For the purposes of this
section, the New Jersey Urban Core Project consists of the
following elements: Secaucus Transfer (including relocation and
construction of the Bergen County and Pascack Valley Rail Lines
and the relocation of the Main/Bergen Connection with
construction of a rail station and [associated components to
and at the contiguous New Jersey Meadowlands Sports Complex),]
to and at the contiguous New Jersey Meadowlands Sports
Complex), including a connection to the Hudson River Waterfront
Transportation System, the Lackawanna Cutoff, Kearny
Connection, Waterfront Connection, Northeast Corridor Signal
System, Hudson River Waterfront Transportation System
(including a connection from the Vince Lombardi Station to
Saddlebrook and Edgewater), restoration of commuter rail
service along the Northern Branch Line or the West Shore Line,
Newark-Newark International Airport-Elizabeth Transit Link
(including construction of an auxiliary New Jersey Light Rail
Transit station, providing access from the Newark-Newark
International Airport-Elizabeth Light Rail Transit Link to the
Newark International Airport), a rail connection between Penn
Station Newark and Broad Street Station, Newark, New York Penn
Station Concourse, the restoration of commuter rail service [in
Lakewood to Freehold to Matawan or Jamesburg, New Jersey, as
described in section 3035(p) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2131)] from
Lakehurst to the Northeast Corridor or the New Jersey Coast
Line, a light rail extension of the Newark-Newark International
Airport-Elizabeth Light Rail Transit Link from Elizabeth, New
Jersey, to the towns of Cranford, Westfield, Fanwood, and
Plainfield in Union County, New Jersey, and any appropriate
light rail connections and alignments within the city of
Elizabeth to be determined by the city of Elizabeth and the New
Jersey Department of Transportation (and which shall include
connecting midtown Elizabeth to Route 1 Park and Ride, the
Elizabeth Car House Museum, Division Street, Singer Place,
Ferry Terminal, Jersey Gardens Mall, Elizabeth Port to Lot D at
Newark Airport) and any appropriate fixed guideway system in
Passaic County, and the equipment needed to operate revenue
service associated with improvements made by the project. The
project includes elements advanced with 100 percent non-Federal
funds.
* * * * * * *
----------
SECTION 351 OF THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
APPROPRIATIONS ACT, 2001
[Sec. 351. Notwithstanding any other provision of law,
beginning in fiscal year 2004, the Secretary shall withhold 2
percent of the amount required to be apportioned for Federal-
aid highways to any State under each of paragraphs (1), (3),
and (4) of section 104(b) of title 23, United States Code, if a
State has not enacted and is not enforcing a provision
described in section 163(a) of chapter 1 of title 23, United
States Code, in fiscal year 2005, the Secretary shall withhold
4 percent of the amount required to be apportioned for Federal-
aid highways to any State under each of paragraphs (1), (3),
and (4) of section 104(b) of title 23, United States Code, if a
State has not enacted and is not enforcing a provision
described in section 163(a) of title 23, United States Code; in
fiscal year 2006, the Secretary shall withhold 6 percent of the
amount required to be apportioned for Federal-aid highways to
any State under each of paragraphs (1), (3), and (4) of section
104(b) of title 23, United States Code, if a State has not
enacted and is not enforcing a provision described in section
163(a) of title 23, United States Code; and beginning in fiscal
year 2007, and in each fiscal year thereafter, the Secretary
shall withhold 8 percent of the amount required to be
apportioned for Federal-aid highways to any State under each of
paragraphs (1), (3), and (4) of section 104(b) of title 23,
United States Code, if a State has not enacted and is not
enforcing a provision described in section 163(a) of title 23,
United States Code. If within four years from the date the
apportionment for any State is reduced in accordance with this
section the Secretary determines that such State has enacted
and is enforcing a provision described in section 163(a) of
chapter 1 of title 23, United States Code, the apportionment of
such State shall be increased by an amount equal to such
reduction. If at the end of such four-year period, any State
has not enacted and is not enforcing a provision described in
section 163(a) of title 23, United States Code, any amounts so
withheld shall lapse.]
* * * * * * *
SECTION 124 OF THE TRANSPORTATION, TREASURY, AND INDEPENDENT AGENCIES
APPROPRIATIONS ACT, 2004
(Division F of title I of the Consolidated Appropriations Act, 2004)
* * * * * * *
[Sec. 124. Motorist Information Concerning Pharmacy Services.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
amend the Manual on Uniform Traffic Control Devices to include
a provision permitting information to be provided to motorists
to assist motorists in locating licensed 24-hour pharmacy
services open to the public.
[(b) Logo Panel.--The provision under subsection (a) may
allow placement of a logo panel that displays information
disclosing the names or logos of pharmacies described in
subsection (a) that are located within 3 miles of an
interchange on the Federal-aid system (as defined in section
101 of title 23, United States Code).]
----------
SECTION 14102 OF TITLE 4O, UNITED STATES CODE
Sec. 14102. Definitions
(a) Definitions.--In this subtitle--
(1) Appalachian region.--The term ``Appalachian
region'' means that area of the eastern United States
consisting of the following counties (including any
political subdivision located within the area):
(A) * * *
* * * * * * *
(C) In Kentucky, the counties of Adair, Bath,
Bell, Boyd, Breathitt, Carter, Casey, Clark,
Clay, Clinton, Cumberland, Edmonson, Elliott,
Estill, Fleming, Floyd, Garrard, Green,
Greenup, Harlan, Hart, Jackson, Johnson, Knott,
Knox, Laurel, Lawrence, Lee, Leslie, Letcher,
Lewis, Lincoln, McCreary, Madison, Magoffin,
Martin, Menifee, Monroe, Montgomery, Morgan,
Nicholas, Owsley, Perry, Pike, Powell, Pulaski,
Robertson, Rockcastle, Rowan, Russell, Wayne,
Whitley, and Wolfe.
* * * * * * *
(H) In Ohio, the counties of Adams,
Ashtabula, Athens, Belmont, Brown, Carroll,
Clermont, Columbiana, Coshocton, Fayette,
Gallia, Guernsey, Harrison, Highland, Hocking,
Holmes, Jackson, Jefferson, Lawrence, Mahoning,
Meigs, Monroe, Morgan, Muskingum, Noble, Perry,
Pike, Ross, Scioto, Trumbull, Tuscarawas,
Vinton, and Washington.
* * * * * * *
(K) In Tennessee, the counties of Anderson,
Bledsoe, Blount, Bradley, Campbell, Cannon,
Carter, Claiborne, Clay, Cocke, Coffee,
Cumberland, De Kalb, Fentress, Franklin, Giles,
Grainger, Greene, Grundy, Hamblen, Hamilton,
Hancock, Hawkins, Jackson, Jefferson, Johnson,
Knox, Lawrence, Lewis, Lincoln, Loudon, McMinn,
Macon, Marion, Meigs, Monroe, Morgan, Overton,
Pickett, Polk, Putnam, Rhea, Roane, Scott,
Sequatchie, Sevier, Smith, Sullivan, Unicoi,
Union, Van Buren, Warren, Washington, and
White.
(L) In Virginia, the counties of Alleghany,
Bath, Bland, Botetourt, Buchanan, Carroll,
Craig, Dickenson, Floyd, Giles, Grayson, Henry,
Highland, Lee, Montgomery, Patrick, Pulaski,
Rockbridge, Russell, Scott, Smyth, Tazewell,
Washington, Wise, and Wythe.
* * * * * * *
----------
SECTION 2342 OF TITLE 28, UNITED STATES CODE
Sec. 2342. Jurisdiction of court of appeals
The court of appeals (other than the United States Court
of Appeals for the Federal Circuit) has exclusive jurisdiction
to enjoin, set aside, suspend (in whole or in part), or to
determine the validity of--
(1) * * *
* * * * * * *
(3) all rules, regulations, or final orders of--
(A) the Secretary of Transportation issued
pursuant to section 2, 9, 37, or 41 of the
Shipping Act, 1916 (46 U.S.C. App. 802, 803,
808, 835, 839, and 841a) or pursuant to part B
or C of subtitle IV, subchapter III of chapter
311, chapter 313, or chapter 315 of title 49;
and
* * * * * * *
----------
SECTION 345 OF THE NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995
SEC. 345. EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR
VEHICLES AND THEIR OPERATORS.
(a) Exemptions.--
(1) * * *
(2) Transportation and operation of ground water well
drilling rigs.--Such regulations shall, in the case of
a driver of a commercial motor vehicle who is used
primarily in the transportation and operation of a
ground water well drilling rig, permit any period of 7
or 8 consecutive days to end with the beginning of an
off-duty period of 24 or more consecutive hours for the
purposes of determining maximum driving and on-duty
time. Except as required in section 395.3 of title 49,
Code of Federal Regulations, as in effect on the date
of enactment of this sentence, no additional off-duty
time shall be required in order to operate such
vehicle.
* * * * * * *
[(4) Drivers of utility service vehicles.--Such
regulations shall, in the case of a driver of a utility
service vehicle, permit any period of 7 or 8
consecutive days to end with the beginning of an off-
duty period of 24 or more consecutive hours for the
purposes of determining maximum driving and on-duty
time.]
(4) Operators of utility service vehicles.--
(A) Inapplicability of federal regulations
.--Such regulations shall not apply to a driver
of a utility service vehicle.
(B) Prohibition on state regulations.--A
State, a political subdivision of a State, an
interstate agency, or other entity consisting
of 2 or more States, shall not enact or enforce
any law, rule, regulation, or standard that
imposes requirements on a driver of a utility
service vehicle that are similar to the
requirements contained in such regulations.
* * * * * * *
(b) Preemption.--[Nothing] Except as provided in subsection
(a)(4), nothing contained in this section shall require the
preemption of State laws and regulations concerning the safe
operation of commercial motor vehicles as the result of
exemptions from Federal requirements provided under this
section.
(c) Review by the Secretary.--The Secretary may conduct a
rulemaking proceeding to determine whether granting any
exemption provided by subsection (a) (other than [paragraph
(2)] an exemption under paragraph (2) or (4)) is not in the
public interest and would have a significant adverse impact on
the safety of commercial motor vehicles. If, at any time as a
result of such a proceeding, the Secretary determines that
granting such exemption would not be in the public interest and
would have a significant adverse impact on the safety of
commercial motor vehicles, the Secretary may prevent the
exemption from going into effect, modify the exemption, or
revoke the exemption. The Secretary may develop a program to
monitor the exemption, including agreements with carriers to
permit the Secretary to examine insurance information
maintained by an insurer on a carrier.
* * * * * * *
Committee Correspondence
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, March 26, 2004.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure, House of
Representatives, Rayburn House Office Building, Washington, DC.
Dear Chairman Young: I am writing with regard to H.R. 3550,
the Transportation Equity Act: A Legacy for Users, which was
ordered reported by the Committee on Transportation and
Infrastructure on March 24, 2004. As you know, the Energy and
Commerce Committee has jurisdiction over matters involving air
quality planning and the air quality impact of transportation
projects, the Congestion Mitigation Air Quality Program,
provisions involving energy production, supply and storage and
other matters contained within H.R. 3550 as reported.
I recognize your desire to bring this legislation before
the House in an expeditious manner. Accordingly, I will not
exercise my Committee's right to a referral. By agreeing to
waive its consideration of the bill, however, the Energy and
Commerce Committee does not waive its jurisdiction over H.R.
3550. In addition, the Energy and Commerce Committee reserves
its right to seek conferees on any provisions of the bill that
are within its jurisdiction during any House-Senate conference
that may be convened on this legislation. I ask for your
commitment to support any request by the Energy and Commerce
Committee for conferees on H.R. 3550 or similar legislation.
I request that you include this letter as part of the
Committee's Report on H.R. 3550 and in the Record during
consideration of the legislation on the House floor. Thank you
for your attention to these matters.
Sincerely,
Joe Barton,
Chairman.
------
House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC, March 26, 2004.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce, Rayburn HOB, House of
Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter of March 26,
2004 regarding H.R. 3550, the Transportation Equity Act: A
Legacy for Users. Your assistance in expediting consideration
of the bill is very much appreciated.
I agree that there are certain provisions in the bill that
are of jurisdictional interest to the Committee on Energy and
Commerce and I agree that by foregoing a sequential referral,
the Committee on Commerce is not waiving its jurisdiction. Be
assured that I will support your request to be represented in
the conference on those provisions in the jurisdiction of the
Energy and Commerce Committee.
As you have requested, I will include this exchange of
letters in the Committee report on the bill and in the Record
when the bill is on the Floor. Thank you for your cooperation
and your continued leadership and support in surface
transportation matters.
Sincerely,
Don Young,
Chairman.