TEA-21 (PL 105-178) as amended by the TEA 21 Restoration Act

450 Pages·1998·1.1 MB·English

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TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY
1

TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY
[Public Law 105–178, as amended by title IX of Public Law 105–206]
AN ACT To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Transpor-
tation Equity Act for the 21st Century’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Federal-aid systems.
Sec. 1107. Interstate maintenance program.
Sec. 1108. Surface transportation program.
Sec. 1109. Highway bridge program.
Sec. 1110. Congestion mitigation and air quality improvement program.
Sec. 1111. Federal share.
Sec. 1112. Recreational trails program.
Sec. 1113. Emergency relief.
Sec. 1114. Highway use tax evasion projects.
Sec. 1115. Federal lands highways program.
Sec. 1116. Woodrow Wilson Memorial Bridge.
Sec. 1117. Appalachian development highway system.
Sec. 1118. National corridor planning and development program.
Sec. 1119. Coordinated border infrastructure program.
Subtitle B—General Provisions
Sec. 1201. Definitions.
Sec. 1202. Bicycle transportation and pedestrian walkways.
Sec. 1203. Metropolitan planning.
Sec. 1204. Statewide planning.
Sec. 1205. Contracting for engineering and design services.
Sec. 1206. Access of motorcycles.
Sec. 1207. Construction of ferry boats and ferry terminal facilities.
Sec. 1208. Training.
Sec. 1209. Use of HOV lanes by inherently low-emission vehicles.
Sec. 1210. Advanced travel forecasting procedures program.
Sec. 1211. Amendments to prior surface transportation laws.
Sec. 1212. Miscellaneous.
Sec. 1213. Studies and reports.
Sec. 1214. Federal activities.
Sec. 1215. Designated transportation enhancement activities.
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Sec. 1 TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY 4
Sec. 1216. Innovative surface transportation financing methods.
Sec. 1217. Eligibility.
Sec. 1218. Magnetic levitation transportation technology deployment program.
Sec. 1219. National scenic byways program.
Sec. 1220. Elimination of regional office responsibilities.
Sec. 1221. Transportation and community and system preservation pilot program.
Sec. 1222. Additions to Appalachian region.
Sec. 1223. Transportation assistance for Olympic cities.
Sec. 1224. National historic covered bridge preservation.
Sec. 1225. Substitute project.
Sec. 1226. Fiscal, administrative, and other amendments.
Subtitle C—Program Streamlining and Flexibility
Sec. 1301. Real property acquisition and corridor preservation.
Sec. 1302. Payments to States for construction.
Sec. 1303. Proceeds from the sale or lease of real property.
Sec. 1304. Engineering cost reimbursement.
Sec. 1305. Project approval and oversight.
Sec. 1306. Standards.
Sec. 1307. Design-build contracting.
Sec. 1308. Major investment study integration.
Sec. 1309. Environmental streamlining.
Sec. 1310. Uniform transferability of Federal-aid highway funds.
Sec. 1311. Discretionary grant selection criteria and process.
Subtitle D—Safety
Sec. 1401. Hazard elimination program.
Sec. 1402. Roadside safety technologies.
Sec. 1403. Safety incentive grants for use of seat belts.
Sec. 1404. Safety incentives to prevent operation of motor vehicles by intoxicated
persons.
Sec. 1405. Open container laws.
Sec. 1406. Minimum penalties for repeat offenders for driving while intoxicated or
driving under the influence.
Subtitle E—Finance
CHAPTER1—TRANSPORTATIONINFRASTRUCTUREFINANCEANDINNOVATION
Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Establishment of program.
Sec. 1504. Duties of the Secretary.
CHAPTER2—STATEINFRASTRUCTUREBANKPILOTPROGRAM
Sec. 1511. State infrastructure bank pilot program.
Subtitle F—High Priority Projects
Sec. 1601. High priority projects program.
Sec. 1602. Project authorizations.
Sec. 1603. Special rule.
TITLE II—HIGHWAY SAFETY
Sec. 2001. Highway safety programs.
Sec. 2002. Highway safety research and development.
Sec. 2003. Occupant protection.
Sec. 2004. Alcohol-impaired driving countermeasures.
Sec. 2005. State highway safety data improvements.
Sec. 2006. National Driver Register.
Sec. 2007. Safety studies.
Sec. 2008. Effectiveness of laws establishing maximum blood alcohol concentra-
tions.
Sec. 2009. Authorizations of appropriations.
TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title.
Sec. 3002. Amendments to title 49, United States Code.
5 TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY Sec. 1
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Transportation improvement program.
Sec. 3006. Transportation management areas.
Sec. 3007. Urbanized area formula grants.
Sec. 3008. Clean fuels formula grant program.
Sec. 3009. Capital investment grants and loans.
Sec. 3010. Dollar value of mobility improvements.
Sec. 3011. Local share.
Sec. 3012. Intelligent transportation systems applications.
Sec. 3013. Formula grants and loans for special needs of elderly individuals and in-
dividuals with disabilities.
Sec. 3014. Formula program for other than urbanized areas.
Sec. 3015. Research, development, demonstration, and training projects.
Sec. 3016. National planning and research programs.
Sec. 3017. National Transit Institute.
Sec. 3018. Bus testing facilities.
Sec. 3019. Bicycle facilities.
Sec. 3020. General provisions on assistance.
Sec. 3021. Pilot program for intercity rail infrastructure investment from mass
transit account of highway trust fund.
Sec. 3022. Contract requirements.
Sec. 3023. Special procurements.
Sec. 3024. Project management oversight and review.
Sec. 3025. Administrative procedures.
Sec. 3026. Reports and audits.
Sec. 3027. Apportionment of appropriations for formula grants.
Sec. 3028. Apportionment of appropriations for fixed guideway modernization.
Sec. 3029. Authorizations.
Sec. 3030. Projects for new fixed guideway systems and extensions to existing sys-
tems.
Sec. 3031. Projects for bus and bus-related facilities.
Sec. 3032. Contracting out study.
Sec. 3033. Urbanized area formula study.
Sec. 3034. Coordinated transportation services.
Sec. 3035. Final assembly of buses.
Sec. 3036. Clean fuel vehicles.
Sec. 3037. Job access and reverse commute grants.
Sec. 3038. Rural transportation accessibility incentive program.
Sec. 3039. Study of transit needs in national parks and related public lands.
Sec. 3040. Obligation ceiling.
Sec. 3041. Adjustments for the Surface Transportation Extension Act of 1997.
TITLE IV—MOTOR CARRIER SAFETY
Sec. 4001. Amendments to title 49, United States Code.
Sec. 4002. Statement of purposes.
Sec. 4003. State grants.
Sec. 4004. Information systems.
Sec. 4005. Automobile transporter defined.
Sec. 4006. Inspections and reports.
Sec. 4007. Waivers, exemptions, and pilot programs.
Sec. 4008. Safety regulation.
Sec. 4009. Safety fitness.
Sec. 4010. Repeal of certain obsolete miscellaneous authorities.
Sec. 4011. Commercial vehicle operators.
Sec. 4012. Exemption from certain regulations for utility service commercial motor
vehicle drivers.
Sec. 4013. Participation in international registration plan and international fuel
tax agreement.
Sec. 4014. Safety performance history of new drivers; limitation on liability.
Sec. 4015. Penalties.
Sec. 4016. Authority over charter bus transportation.
Sec. 4017. Telephone hotline for reporting safety violations.
Sec. 4018. Insulin treated diabetes mellitus.
Sec. 4019. Performance-based CDL testing.
Sec. 4020. Post-accident alcohol testing.
Sec. 4021. Driver fatigue.
Sec. 1 TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY 6
Sec. 4022. Improved flow of driver history pilot program.
Sec. 4023. Employee protections.
Sec. 4024. Improved interstate school bus safety.
Sec. 4025. Truck trailer conspicuity.
Sec. 4026. DOT implementation plan.
Sec. 4027. Study of adequacy of parking facilities.
Sec. 4028. Qualifications of foreign motor carriers.
Sec. 4029. Federal motor carrier safety inspectors.
Sec. 4030. School transportation safety.
Sec. 4031. Designation of New Mexico commercial zone.
Sec. 4032. Effects of MCSAP grant reductions.
TITLE V—TRANSPORTATION RESEARCH
Subtitle A—Funding
Sec. 5001. Authorization of appropriations.
Sec. 5002. Obligation ceiling.
Sec. 5003. Notice.
Subtitle B—Research and Technology
Sec. 5101. Research and technology program.
Sec. 5102. Surface transportation research.
Sec. 5103. Technology deployment.
Sec. 5104. Training and education.
Sec. 5105. State planning and research.
Sec. 5106. International highway transportation outreach program.
Sec. 5107. Surface transportation-environment cooperative research program.
Sec. 5108. Surface transportation research strategic planning.
Sec. 5109. Bureau of Transportation Statistics.
Sec. 5110. University transportation research.
Sec. 5111. Advanced vehicle technologies program.
Sec. 5112. Study of future strategic highway research program.
Sec. 5113. Commercial remote sensing products and spatial information tech-
nologies.
Sec. 5114. Sense of the Congress on the year 2000 problem.
Sec. 5115. International trade traffic.
Sec. 5116. University grants.
Sec. 5117. Transportation technology innovation and demonstration program.
Sec. 5118. Drexel University Intelligent Infrastructure Institute.
Sec. 5119. Conforming amendments.
Subtitle C—Intelligent Transportation Systems
Sec. 5201. Short title.
Sec. 5202. Findings.
Sec. 5203. Goals and purposes.
Sec. 5204. General authorities and requirements.
Sec. 5205. National ITS program plan.
Sec. 5206. National architecture and standards.
Sec. 5207. Research and development.
Sec. 5208. Intelligent transportation system integration program.
Sec. 5209. Commercial vehicle intelligent transportation system infrastructure de-
ployment.
Sec. 5210. Use of funds.
Sec. 5211. Definitions.
Sec. 5212. Project funding.
Sec. 5213. Repeal.
TITLE VI—OZONE AND PARTICULATE MATTER STANDARDS
Sec. 6101. Findings and purpose.
Sec. 6102. Particulate matter monitoring program.
Sec. 6103. Ozone designation requirements.
Sec. 6104. Additional provisions.
TITLE VII—MISCELLANEOUS
Subtitle A—Automobile Safety and Information
Sec. 7101. Short title.
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Sec. 7102. Authorization of appropriations.
Sec. 7103. Improving air bag safety.
Sec. 7104. Restrictions on lobbying activities.
Sec. 7105. Odometers.
Sec. 7106. Miscellaneous amendments.
Sec. 7107. Importation of motor vehicle for show or display.
Subtitle B—Railroads
Sec. 7201. High-speed rail.
Sec. 7202. Light density rail line pilot projects.
Sec. 7203. Railroad rehabilitation and improvement financing.
Sec. 7204. Alaska Railroad.
Subtitle C—Comprehensive One-Call Notification
Sec. 7301. Findings.
Sec. 7302. One-call notification programs.
Subtitle D—Sportfishing and Boating Safety
Sec. 7401. Short title; amendment of 1950 Act.
Sec. 7402. Outreach and communications programs.
Sec. 7403. Clean Vessel Act funding.
Sec. 7404. Boating infrastructure.
Sec. 7405. Boat safety funds.
TITLE VIII—TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE
AND BUDGET OFFSETS
Subtitle A—Transportation Discretionary Spending Guarantee
Sec. 8101. Discretionary spending categories.
Sec. 8102. Conforming the Paygo Scorecard with this Act.
Sec. 8103. Level of obligation limitations.
Subtitle B—Veterans’ Benefits
Sec. 8201. Short title.
Sec. 8202. Prohibition on establishment of service-connection for disabilities relat-
ing to use of tobacco products.
Sec. 8203. Twenty percent increase in rates of basic educational assistance under
Montgomery GI Bill.
Sec. 8204. Increase in assistance amount for specially adapted housing.
Sec. 8205. Increase in amount of assistance for automobile and adaptive equipment
for certain disabled veterans.
Sec. 8206. Increase in aid and attendance rates for veterans eligible for pension.
Sec. 8207. Eligibility of certain remarried surviving spouses for reinstatement of
dependency and indemnity compensation upon termination of that re-
marriage.
Sec. 8208. Extension of prior revision to offset rule for Department of Defense spe-
cial separation benefit program.
Sec. 8209. Sense of the Congress concerning recovery from tobacco companies of
costs of treatment of veterans for tobacco-related illnesses.
Subtitle C—Temporary Student Loan Provision.
Sec. 8301. Temporary student loan provision.
Subtitle D—Block Grants for Social Services
Sec. 8401. Block grants for social services.
TITLE IX—AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
Sec. 9001. Short title; amendment of 1986 Code.
Sec. 9002. Extension of highway-related taxes and trust fund.
Sec. 9003. Extension and modification of tax benefits for alcohol fuels.
Sec. 9004. Modifications to Highway Trust Fund.
Sec. 9005. Provisions relating to Aquatic Resources Trust Fund.
Sec. 9006. Repeal of 1.25 cent tax rate on rail diesel fuel.
Sec. 9007. Additional qualified expenses available to non-Amtrak States.
Sec. 9008. Delay in effective date of new requirement for approved diesel or ker-
osene terminals.
Sec. 2 TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY 8
Sec. 9009. Simplified fuel tax refund procedures.
Sec. 9010. Election to receive taxable cash compensation in lieu of nontaxable
qualified transportation fringe benefits.
Sec. 9011. Repeal of National Recreational Trails Trust Fund.
Sec. 9012. Identification of limited tax benefits subject to line item veto.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) INTERSTATE SYSTEM.—The term ‘‘Interstate System’’
has the meaning such term has under section 101 of title 23,
United States Code.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of Transportation.
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following sums are authorized to be ap-
propriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) INTERSTATE MAINTENANCE PROGRAM.—For the Inter-
state maintenance program under section 119 of title 23, Unit-
ed States Code, $3,427,341,000 for fiscal year 1998,
$3,957,103,000 for fiscal year 1999, $3,994,524,000 for fiscal
year 2000, $4,073,322,000 for fiscal year 2001, $4,139,630,000
for fiscal year 2002, and $4,217,635,000 for fiscal year 2003.
(2) NATIONAL HIGHWAY SYSTEM.—For the National High-
way System under section 103 of such title $4,112,480,000 for
fiscal year 1998, $4,748,523,000 for fiscal year 1999,
$4,793,429,000 for fiscal year 2000, $4,887,986,000 for fiscal
year 2001, $4,967,556,000 for fiscal year 2002, and
$5,061,162,000 for fiscal year 2003.
(3) BRIDGE PROGRAM.—For the bridge program under sec-
tion 144 of such title $2,941,454,000 for fiscal year 1998,
$3,395,354,000 for fiscal year 1999, $3,427,472,000 for fiscal
year 2000, $3,495,104,000 for fiscal year 2001, $3,552,016,000
for fiscal year 2002, and $3,618,966,000 for fiscal year 2003.
(4) SURFACE TRANSPORTATION PROGRAM.—For the surface
transportation program under section 133 of such title
$4,797,620,000 for fiscal year 1998, $5,539,944,000 for fiscal
year 1999, $5,592,333,000 for fiscal year 2000, $5,702,651,000
for fiscal year 2001, $5,795,482,000 for fiscal year 2002, and
$5,904,689,000 for fiscal year 2003.
(5) CONGESTION MITIGATION AND AIR QUALITY IMPROVE-
MENT PROGRAM.—For the congestion mitigation and air quality
improvement program under section 149 of such title
$1,192,619,000 for fiscal year 1998, $1,345,415,000 for fiscal
year 1999, $1,358,138,000 for fiscal year 2000, $1,384,930,000
for fiscal year 2001, $1,407,474,000 for fiscal year 2002, and
$1,433,996,000 for fiscal year 2003.
(6) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM PRO-
GRAM.—For the Appalachian development highway system pro-
9 TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY Sec. 1101
gram under section 201 of the Appalachian Regional Develop-
ment Act of 1965 (40 U.S.C. App.) $450,000,000 for each of fis-
cal years 1999 through 2003.
(7) RECREATIONAL TRAILS PROGRAM.—For the recreational
trails program under section 206 of such title $30,000,000 for
fiscal year 1998, $40,000,000 for fiscal year 1999, and
$50,000,000 for each of fiscal years 2000 through 2003.
(8) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN RESERVATION ROADS.—For Indian reserva-
tion roads under section 204 of such title $225,000,000 for
fiscal year 1998 and $275,000,000 for each of fiscal years
1999 through 2003.
(B) PUBLIC LANDS HIGHWAYS.—For public lands high-
ways under section 204 of such title $196,000,000 for fiscal
year 1998 and $246,000,000 for each of fiscal years 1999
through 2003.
(C) PARK ROADS AND PARKWAYS.—For park roads and
parkways under section 204 of such title $115,000,000 for
fiscal year 1998 and $165,000,000 for each of fiscal years
1999 through 2003.
(D) REFUGE ROADS.—For refuge roads under section
204 of such title $20,000,000 for each of fiscal years 1999
through 2003.
(9) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT AND
COORDINATED BORDER INFRASTRUCTURE PROGRAMS.—For the
national corridor planning and development and coordinated
border infrastructure programs under sections 1118 and 1119
of this Act $140,000,000 for each of fiscal years 1999 through
2003.
(10) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.—For construction of ferry boats and ferry terminal
facilities under section 1064 of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (23 U.S.C. 129 note; 105 Stat.
2005) $30,000,000 for each of fiscal year 1998 and $38,000,000
for each of fiscal years 1999 through 2003.
(11) NATIONAL SCENIC BYWAYS PROGRAM.—For the national
scenic byways program under section 162 of title 23, United
States Code, $23,500,000 for each of fiscal years 1998 and
1999, $24,500,000 for each of fiscal years 2000 and 2001, and
$25,500,000 for fiscal year 2002, and $26,500,000 for fiscal
year 2003.
(12) VALUE PRICING PILOT PROGRAM.—For the value pricing
pilot program under section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105
Stat. 1938) $7,000,000 for fiscal year 1999, and $11,000,000 for
each of fiscal years 2000 through 2003.
(13) HIGH PRIORITY PROJECTS PROGRAM.—For the high pri-
ority projects program under section 117 of title 23, United
States Code, $1,029,583,500 for fiscal year 1998,
$1,403,977,500 for fiscal year 1999, $1,684,773,000 for fiscal
year 2000, $1,684,773,000 for fiscal year 2001, $1,778,371,500
for fiscal year 2002, and $1,778,371,500 for fiscal year 2003.
(14) HIGHWAY USE TAX EVASION PROJECTS.—For highway
use tax evasion projects under section 143 of such title