[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1072 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 426
108th CONGRESS
  2d Session
                                S. 1072

                          [Report No. 108-222]

 To authorize funds for Federal-aid highways, highway safety programs, 
             and transit programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 2003

  Mr. Inhofe  (for himself, Mr. Jeffords, Mr. Bond, and Mr. Reid) (by 
   request) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                            January 9, 2004

  Reported under authority of the order of the Senate of December 9, 
                 2003, by Mr. Inhofe, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Safe, 
Accountable, Flexible, and Efficient Transportation Equity Act of 
2003''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
                 <DELETED>TITLE I--FEDERAL-AID HIGHWAYS

                      <DELETED>Subtitle A--Funding

<DELETED>Sec. 1101. Authorization of appropriations.
<DELETED>Sec. 1102. Obligation ceiling.
<DELETED>Sec. 1103. Apportionments.
<DELETED>Sec. 1104. Minimum guarantee.
<DELETED>Sec. 1105. Revenue aligned budget authority.
                   <DELETED>Subtitle B--New Programs

<DELETED>Sec. 1201. Infrastructure performance and maintenance program.
<DELETED>Sec. 1202. Clarify federal-aid eligibility for certain 
                            security projects.
<DELETED>Sec. 1203. Future of the Interstate Highway System.
<DELETED>Sec. 1204. Military vehicle access (oversize and overweight 
                            vehicles; --relief from tolls).
<DELETED>Sec. 1205. Freight transportation gateways; freight intermodal 
                            connections.
<DELETED>Sec. 1206. Authority for alternative time-saving procedures 
                            for --critical transportation security 
                            projects.
                      <DELETED>Subtitle C--Finance

<DELETED>Sec. 1301. Federal share.
<DELETED>Sec. 1302. Transfer of highway and transit funds.
<DELETED>Sec. 1303. State infrastructure bank pilot program.
<DELETED>Sec. 1304. Transportation Infrastructure Finance and 
                            Innovation Act --(TIFIA) Amendments.
<DELETED>Sec. 1305. International registration plan and international 
                            fuel tax agreement facilitation.
<DELETED>Sec. 1306. Commercialized rest area pilot projects.
<DELETED>Sec. 1307. Highway use tax evasion projects.
   <DELETED>Subtitle D--Program Efficiencies and Improvements--Safety

<DELETED>Sec. 1401. National highway safety goal; national Blue Ribbon 
                            Commission on Highway Safety.
<DELETED>Sec. 1402. Highway Safety Improvement Program.
<DELETED>Sec. 1403. Operation lifesaver.
<DELETED>Sec. 1404. Highway safety programs; certification of public 
                            road mileage.
  <DELETED>Subtitle E--Program Efficiencies and Improvements--Planning

<DELETED>Sec. 1501. Metropolitan planning.
<DELETED>Sec. 1502. Statewide planning.
<DELETED>Sec. 1503. State planning and research.
<DELETED>Sec. 1504. Critical real property acquisition.
<DELETED>Sec. 1505. Planning capacity building initiative.
<DELETED>Subtitle F--Program Efficiencies and Improvements--Environment

<DELETED>Sec. 1601. Congestion Mitigation and Air Quality Improvement 
                            Program.
<DELETED>Sec. 1602. Efficient environmental reviews for project 
                            decisionmaking.
<DELETED>Sec. 1603. Assumption of responsibility for categorical 
                            exclusions.
<DELETED>Sec. 1604. Section 4(f) policy on lands, wildlife and 
                            waterfowl refuges, and historic sites.
<DELETED>Sec. 1605. National Scenic Byways Program.
<DELETED>Sec. 1606. Recreational Trails Program.
<DELETED>Sec. 1607. Exemption of the Interstate System.
<DELETED>Sec. 1608. Modifications to NHS/STP for invasive species, 
                            wetlands, brownfields, and environmental 
                            restoration.
<DELETED>Sec. 1609. Standards.
<DELETED>Sec. 1610. Use of HOV lanes.
<DELETED>Sec. 1611. Bicycle transportation and pedestrian walkways.
<DELETED>Sec. 1612. Transportation, energy, and environment.
<DELETED>Sec. 1613. Idling reduction facilities in interstate rights-
                            of-way.
<DELETED>Sec. 1614. Appropriation for transportation purposes of lands 
                            or interest in lands owned by the United 
                            States.
<DELETED>Sec. 1615. Toll programs.
<DELETED>Sec. 1616. Ozone standards, particulate matter standards, and 
                            regional haze program.
<DELETED>Sec. 1617. Indemnification on certain railbanked projects.
<DELETED>Subtitle G.--Program Efficiencies and Improvements--Operations

<DELETED>Sec. 1701. Transportation systems management and operations.
<DELETED>Sec. 1702. Real-Time System Management Information Program.
<DELETED>Sec. 1703. Intelligent transportation systems performance 
                            incentive program.
<DELETED>Sec. 1704. Commercial vehicle information systems and networks 
                            deployment.
<DELETED>Subtitle H--Program Efficiencies and Improvements--Federal-Aid 
                              Stewardship

<DELETED>Sec. 1801. Surface Transportation System Performance Pilot 
                            Program.
<DELETED>Sec. 1802. Stewardship and oversight.
<DELETED>Sec. 1803. Emergency relief.
<DELETED>Sec. 1804. Federal Lands Highways Program.
<DELETED>Sec. 1805. Appalachian Development Highway System.
<DELETED>Sec. 1806. Multi-State Corridor Planning Program.
<DELETED>Sec. 1807. Border Planning, Operations, and Technology 
                            Program.
<DELETED>Sec. 1808. Territorial Highway Program amendments.
<DELETED>Sec. 1809. Future interstate system routes.
<DELETED>Sec. 1810. Donations and credits.
<DELETED>Sec. 1811. Disadvantaged business enterprises.
<DELETED>Sec. 1812. Highway Bridge Program.
<DELETED>Sec. 1813. Design-build.
<DELETED>Sec. 1814. International ferries.
<DELETED>Sec. 1815. Assumption of responsibility for transportation 
                            enhancements, recreational trails, and 
                            Transportation and Community and System 
                            Preservation Program projects.
<DELETED>Sec. 1816. Transportation, Community, and System Preservation 
                            Program.
<DELETED>Sec. 1817. Program efficiencies--Finance.
     <DELETED>Subtitle I--Technical Corrections to Title 23, U.S.C.

<DELETED>Sec. 1901. Repeal or update of obsolete text.
<DELETED>Sec. 1902. Clarification of date.
<DELETED>Sec. 1903. Inclusion of requirements for signs identifying 
                            funding sources in title 23.
<DELETED>Sec. 1904. Inclusion of ``Buy America'' requirements in title 
                            23.
<DELETED>Sec. 1905. Technical amendments to 23 U.S.C. 140--
                            Nondiscrimination.
<DELETED>Sec. 1906. Federal share payable for projects for elimination 
                            of hazards of railway-highway crossings.
                   <DELETED>TITLE II--HIGHWAY SAFETY

<DELETED>Sec. 2001. Highway safety programs.
<DELETED>Sec. 2002. Highway safety research and development.
<DELETED>Sec. 2003. Emergency medical services.
<DELETED>Sec. 2004. State traffic safety information system 
                            improvements.
<DELETED>Sec. 2005. Authorization of appropriations.
<DELETED>Sec. 2006. Repeal of obsolete provisions of title 23.
      <DELETED>TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

<DELETED>Sec. 3001. Short title.
<DELETED>Sec. 3002. Updated terminology; amendments to title 49, United 
                            States Code.
<DELETED>Sec. 3003. Policies, findings, and purposes.
<DELETED>Sec. 3004. Definitions.
<DELETED>Sec. 3005. Metropolitan planning.
<DELETED>Sec. 3006. Statewide planning.
<DELETED>Sec. 3007. Planning programs.
<DELETED>Sec. 3008. Private enterprise participation.
<DELETED>Sec. 3009. Urbanized Area Public Transportation Formula Grants 
                            Program.
<DELETED>Sec. 3010. Formula grants for other than urbanized areas.
<DELETED>Sec. 3011. New Freedom program.
<DELETED>Sec. 3012. Major capital investment program.
<DELETED>Sec. 3013. Research, development, demonstration, and 
                            deployment projects.
<DELETED>Sec. 3014. Cooperative research grant program.
<DELETED>Sec. 3015. National research programs.
<DELETED>Sec. 3016. National Transit Institute.
<DELETED>Sec. 3017. Bus testing facility.
<DELETED>Sec. 3018. Bicycle facilities.
<DELETED>Sec. 3019. Suspended light rail technology pilot project.
<DELETED>Sec. 3020. General provisions on assistance.
<DELETED>Sec. 3021. Special provisions for capital projects.
<DELETED>Sec. 3022. Contract requirements.
<DELETED>Sec. 3023. Human resources programs.
<DELETED>Sec. 3024. Project management oversight and review.
<DELETED>Sec. 3025. Project review.
<DELETED>Sec. 3026. Investigations of safety and security risk.
<DELETED>Sec. 3027. State safety oversight.
<DELETED>Sec. 3028. Sensitive security information.
<DELETED>Sec. 3029. Terrorist attacks and other acts of violence 
                            against public transportation systems.
<DELETED>Sec. 3030. Controlled substances and alcohol misuse testing.
<DELETED>Sec. 3031. Employee protective arrangements.
<DELETED>Sec. 3032. Administrative procedures.
<DELETED>Sec. 3033. Reports and audits.
<DELETED>Sec. 3034. Apportionments of appropriations for formula 
                            grants.
<DELETED>Sec. 3035. Apportionments based on fixed guideway factors.
<DELETED>Sec. 3036. Authorizations.
<DELETED>Sec. 3037. National parks and public lands legacy project.
<DELETED>Sec. 3038. Over-the-road bus accessibility program.
<DELETED>Sec. 3039. Formula grants for special needs of elderly 
                            individuals and individuals with 
                            disabilities.
<DELETED>Sec. 3040. Job access and reverse commute.
                <DELETED>TITLE IV--MOTOR CARRIER SAFETY

<DELETED>Sec. 4001. Authorization of appropriations.
<DELETED>Sec. 4002. Motor carrier safety grants.
<DELETED>Sec. 4003. Hobbs Act.
<DELETED>Sec. 4004. Penalty for denial of access to records.
<DELETED>Sec. 4005. Medical review board and medical examiners.
<DELETED>Sec. 4006. Enforcement of household goods regulations.
<DELETED>Sec. 4007. Registration of commercial motor carriers, freight 
                            forwarders, and brokers.
<DELETED>Sec. 4008. Financial responsibility for private motor 
                            carriers.
<DELETED>Sec. 4009. Increased penalties for out-of-service violations 
                            and false records.
<DELETED>Sec. 4010. Elimination of commodity and service exemptions.
<DELETED>Sec. 4011. Intrastate operations of interstate motor carriers.
<DELETED>Sec. 4012. Authority to stop commercial motor vehicles.
<DELETED>Sec. 4013. Pattern of safety violations by motor carrier 
                            management.
<DELETED>Sec. 4014. Motor carrier research and technology program.
<DELETED>Sec. 4015. International cooperation.
<DELETED>Sec. 4016. Performance and Registration Information System 
                            Management (PRISM).
<DELETED>Sec. 4017. Information systems and data analysis.
<DELETED>Sec. 4018. Outreach and education.
        <DELETED>TITLE V--TRANSPORTATION RESEARCH AND EDUCATION

                      <DELETED>Subtitle A--Funding

<DELETED>Sec. 5101. Authorization of appropriations.
        <DELETED>Subtitle B--Research, Technology, and Education

<DELETED>Sec. 5201. Research, technology, and education.
<DELETED>Sec. 5202. Surface transportation environment and planning 
                            cooperative research program.
<DELETED>Sec. 5203. Long-term bridge performance program; innovative 
                            bridge research and deployment program.
<DELETED>Sec. 5204. Technology deployment.
<DELETED>Sec. 5205. Training and education.
<DELETED>Sec. 5206. Advanced travel forecasting procedures program.
    <DELETED>Subtitle C--Multimodal Research Programs; Scholarship 
                             Opportunities

<DELETED>Sec. 5301. University transportation research.
<DELETED>Sec. 5302. Multimodal research program.
<DELETED>Sec. 5303. Commercial remote sensing products.
<DELETED>Sec. 5304. Transportation scholarship opportunities program.
         <DELETED>Subtitle D--Transportation Data and Analysis

<DELETED>Sec. 5401. Bureau of transportation statistics.
    <DELETED>Subtitle E--Intelligent Transportation Systems Research

<DELETED>Sec. 5501. Short title.
<DELETED>Sec. 5502. Goals and purposes.
<DELETED>Sec. 5503. General authorities and requirements.
<DELETED>Sec. 5504. National architecture and standards.
<DELETED>Sec. 5505. Research and development.
<DELETED>Sec. 5506. Use of funds.
<DELETED>Sec. 5507. Definitions.
<DELETED>Sec. 5508. Repeal.
   <DELETED>TITLE VI--TRANSPORTATION PLANNING; INTERMODAL FACILITIES

<DELETED>Sec. 6001. Transportation planning.
<DELETED>Sec. 6002. Intermodal passenger facilities.
                   <DELETED>TITLE VII--MISCELLANEOUS

                     <DELETED>Subtitle A--Railroads

<DELETED>Sec. 7101. Rail corridor planning.
<DELETED>Sec. 7102. High speed rail authorizations.
  <DELETED>Subtitle B--Miscellaneous Technical Corrections to Title 49

<DELETED>Sec. 7201. Correction of obsolete references to Interstate 
                            Commerce Commission.
         <DELETED>Subtitle C--Hazardous Material Transportation

<DELETED>Sec. 7301. Definitions.
<DELETED>Sec. 7302. Representations and tampering with hazardous 
                            material- packaging.
<DELETED>Sec. 7303. Hazardous material transportation safety and 
                            security.
<DELETED>Sec. 7304. Administrative authority for transportation service 
                            and --infrastructure assurance research.
<DELETED>Sec. 7305. Postal Service Civil Penalty Authority.
<DELETED>Sec. 7306. Registration.
<DELETED>Sec. 7307. Shipping paper retention.
<DELETED>Sec. 7308. Planning and training grants.
<DELETED>Sec. 7309. Enforcement.
<DELETED>Sec. 7310. Penalties.
<DELETED>Sec. 7311. Emergency waiver of preemption.
<DELETED>Sec. 7312. Judicial review.
           <DELETED>Subtitle D--Sanitary Food Transportation

<DELETED>Sec. 7401. Short title.
<DELETED>Sec. 7402. Responsibilities of the Secretary of Health and 
                            Human Services.
<DELETED>Sec. 7403. Department of Transportation Requirements.
<DELETED>Sec. 7404. Effective date of the subtitle.
         <DELETED>Subtitle E--Sport Fishing and Boating Safety

<DELETED>Sec. 7501. Sport fish restoration account amendments.
 <DELETED>TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE 
                           AND BUDGET OFFSETS

<DELETED>Sec. 8101. Discretionary spending categories.
<DELETED>Sec. 8102. Level of obligation limitations.
<DELETED>Sec. 8103. Effectiveness of title.
     <DELETED>TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986

<DELETED>Sec. 9001. Short title; amendment of 1986 Code.
<DELETED>Sec. 9002. Extension of highway-related taxes and trust fund.
<DELETED>Sec. 9003. Extension of tax benefits for alcohol fuels.
<DELETED>Sec. 9004. Private activity bonds for surface transportation 
                            infrastructure.
<DELETED>Sec. 9005. All alcohol fuel taxes transferred to highway trust 
                            fund.
<DELETED>Sec. 9006. Transfer from highway trust fund to boat safety 
                            account.
<DELETED>Sec. 9007. Extension of small-engine fuel taxes transferred to 
                            sport --fish restoration account.
<DELETED>Sec. 9008. Technical correction.
<DELETED>Sec. 9009. Transfer by registered pipeline, vessel, or barge 
                            required for fuel tax exemption of bulk 
                            transfers to registered terminals or 
                            refineries; display of registration 
                            requirement.
<DELETED>Sec. 9010. Returns filed electronically.
<DELETED>Sec. 9011. Civil penalty for refusal of entry.
<DELETED>Sec. 9012. Requirement of tax payment decal; elimination of 
                            installment payments of highway use tax.
<DELETED>Sec. 9013. Additional rules regarding inspections of records.-

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act, the following definitions apply:</DELETED>
        <DELETED>    (1) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' has the meaning such 
        term has under section 5203(b) of title 49, United States Code, 
        as added by section 6001 of this Act.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.</DELETED>
        <DELETED>    (3) Transportation equity act for the 21st 
        century.--The term ``Transportation Equity Act for the 21st 
        Century'' means the Transportation Equity Act for the 21st 
        Century, Public Law 105-178, as amended by the TEA 21 
        Restoration Act, title IX of Public Law 105-206.</DELETED>

            <DELETED>TITLE I--FEDERAL-AID HIGHWAYS</DELETED>

                 <DELETED>Subtitle A--Funding</DELETED>

<DELETED>SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):</DELETED>
        <DELETED>    (1) Interstate maintenance program.--For the 
        Interstate maintenance program under section 119 of title 23, 
        United States Code, $4,100,000,000 for fiscal years 2004 and 
        2005, $4,200,000,000 for fiscal year 2006, $4,400,000,000 for 
        fiscal year 2007, $4,500,000,000 for fiscal year 2008, and 
        $4,700,000,000 for fiscal year 2009.</DELETED>
        <DELETED>    (2) National highway system.--For the National 
        Highway System under section 103 of such title $5,000,000,000 
        for fiscal years 2004 and 2005, $5,100,000,000 for fiscal year 
        2006, $5,200,000,000 for fiscal year 2007, $5,400,000,000 for 
        fiscal year 2008, and $5,500,000,000 for fiscal year 
        2009.</DELETED>
        <DELETED>    (3) Bridge program.--For the bridge program under 
        section 144 of such title $3,400,000,000 for fiscal year 2004, 
        $3,500,000,000 for fiscal year 2005, $3,700,000,000 for fiscal 
        year 2006, $3,800,000,000 for fiscal year 2007, $3,900,000,000 
        for fiscal year 2008, and $4,000,000,000 for fiscal year 
        2009.</DELETED>
        <DELETED>    (4) Surface transportation program.--For the 
        surface transportation program under section 133 of such title 
        $5,102,000,000 for fiscal year 2004, $5,202,000,000 for fiscal 
        year 2005, $5,402,000,000 for fiscal year 2006, $5,514,000,000 
        for fiscal year 2007, $5,714,000,000 for fiscal year 2008, and 
        $5,807,000,000 for fiscal year 2009.</DELETED>
        <DELETED>    (5) Congestion mitigation and air quality 
        improvement program.--For the congestion mitigation and air 
        quality improvement program under section 149 of such title 
        $1,100,000,000 for fiscal year 2004, $1,462,000,000 for fiscal 
        year 2005, $1,500,000,000 for fiscal year 2006, $1,600,000,000 
        for fiscal years 2007 through 2009.</DELETED>
        <DELETED>    (6) Highway safety improvement program.--For the 
        highway safety improvement program under section 150 of such 
        title $1,000,000,000 for fiscal year 2004, $1,100,000,000 for 
        fiscal year 2005, $1,200,000,000 for fiscal year 2006, 
        $1,300,000,000 for fiscal year 2007, $1,400,000,000 for fiscal 
        year 2008, and $1,500,000,000 for fiscal year 2009.</DELETED>
        <DELETED>    (7) Appalachian development highway system 
        program.--For the Appalachian development highway system 
        program under section 201 of the Appalachian Regional 
        Development Act of 1965 (40 U.S.C. App.) $450,000,000 for each 
        of fiscal years 2004 through 2009.</DELETED>
        <DELETED>    (8) Recreational trails program.--For the 
        recreational trails program under section 206 of such title 
        $60,000,000 for each of fiscal years 2004 through 
        2009.</DELETED>
        <DELETED>    (9) Federal lands highways program.--</DELETED>
                <DELETED>    (A) Indian reservation roads.--For Indian 
                reservation roads under section 204 of such title 
                $333,000,000 for each of fiscal years 2004 through 
                2009.</DELETED>
                <DELETED>    (B) Recreation roads.--For recreation 
                roads under section 204 of such title $50,000,000 for 
                each of fiscal years 2004 through 2009.</DELETED>
                <DELETED>    (C) Park roads and parkways.--For park 
                roads and parkways under section 204 of such title, 
                $300,000,000 for fiscal year 2004, $310,000,000 for 
                fiscal year 2005, and $320,000,000 for each of fiscal 
                years 2006 through 2009.</DELETED>
                <DELETED>    (D) Refuge roads.--For refuge roads under 
                section 204 of such title $30,000,000 for each of 
                fiscal years 2004 through 2009.</DELETED>
                <DELETED>    (E) Forest highways.--For forest highways 
                under section 204 of such title $200,000,000 for each 
                of fiscal years 2004 through 2009.</DELETED>
                <DELETED>    (F) Safety.--For safety under section 204 
                of such title $40,000,000 for each of fiscal years 2004 
                through 2009.</DELETED>
        <DELETED>    (10) Multi-state corridor planning program.--For 
        the multi-state corridor planning program under section 1806 of 
        this Act $76,500,000 for fiscal year 2004 and $84,000,000 for 
        each of fiscal years 2005 through 2009.</DELETED>
        <DELETED>    (11) Border planning, operations, and technology 
        program.--For the border planning, operations, and technology 
        program under section 1807 of this Act $76,500,000 for fiscal 
        year 2004 and $84,000,000 for each of fiscal years 2005 through 
        2009.</DELETED>
        <DELETED>    (12) National scenic byways program.--For the 
        national scenic byways program under section 162 of title 23, 
        United States Code, $31,500,000 for each of fiscal years 2004 
        through 2009.</DELETED>
        <DELETED>    (13) Intelligent transportation systems 
        performance incentive program.--For carrying out the 
        intelligent transportation systems performance incentive 
        program under section 1703 of this Act, $135,000,000 for each 
        of fiscal years 2004 through 2009.</DELETED>
        <DELETED>    (14) Highway use tax evasion projects.--For 
        highway use tax evasion projects under section 143 of such 
        title, $26,550,000 for fiscal year 2004, $54,500,000 for each 
        of fiscal years 2005 and 2006, $44,500,000 for fiscal year 
        2007, and $11,000,000 for each of fiscal years 2008 and 
        2009.</DELETED>
        <DELETED>    (15) Commercial vehicle information systems and 
        networks deployment.--For carrying out the Commercial Vehicle 
        Information Systems and Networks Deployment program under 
        section 1704 of this Act, $25,000,000 for each of fiscal years 
        2004 through 2009.</DELETED>
        <DELETED>    (16) Infrastructure performance and maintenance 
        program.--For carrying out the infrastructure performance and 
        maintenance program under section 1201 of this Act, 
        $1,000,000,000 for each of fiscal years 2004 through 
        2009.</DELETED>

<DELETED>SEC. 1102. OBLIGATION CEILING.</DELETED>

<DELETED>    (a) General Limitation.--Notwithstanding any other 
provision of law, but subject to subsections (f) and (g), the 
obligations for Federal-aid highway and highway safety construction 
programs shall not exceed--</DELETED>
        <DELETED>    (1) $29,293,948,000 for fiscal year 
        2004;</DELETED>
        <DELETED>    (2) $30,265,000,000 for fiscal year 
        2005;</DELETED>
        <DELETED>    (3) $31,326,000,000 for fiscal year 
        2006;</DELETED>
        <DELETED>    (4) $32,257,000,000 for fiscal year 
        2007;</DELETED>
        <DELETED>    (5) $33,104,000,000 for fiscal year 2008; 
        and</DELETED>
        <DELETED>    (6) $33,903,000,000 for fiscal year 
        2009.</DELETED>
<DELETED>    (b) Exceptions.--The limitations under subsection (a) 
shall not apply to obligations under--</DELETED>
        <DELETED>    (1) section 125 of title 23, United States 
        Code;</DELETED>
        <DELETED>    (2) section 147 of the Surface Transportation 
        Assistance Act of 1978;</DELETED>
        <DELETED>    (3) section 9 of the Federal-Aid Highway Act of 
        1981;</DELETED>
        <DELETED>    (4) sections 131(b) and 131(j) of the Surface 
        Transportation Assistance Act of 1982;</DELETED>
        <DELETED>    (5) sections 149(b) and 149(c) of the Surface 
        Transportation and Uniform Relocation Assistance Act of 
        1987;</DELETED>
        <DELETED>    (6) sections 1103 through 1108 of the Intermodal 
        Surface Transportation Efficiency Act of 1991;</DELETED>
        <DELETED>    (7) section 157 of title 23, United States Code, 
        as in effect on the day before the date of enactment of the 
        Transportation Equity Act for the 21st Century;</DELETED>
        <DELETED>    (8) section 105 of title 23, United States Code 
        (but, for each of fiscal years 2004 through 2009), only in an 
        amount equal to $639,000,000 per fiscal year; and</DELETED>
        <DELETED>    (9) for Federal-aid highway programs for which 
        obligation authority was made available under the 
        Transportation Equity Act for the 21st Century or subsequent 
        public laws for multiple years or to remain available until 
        used, but only to the extent that such obligation authority has 
        not lapsed or been used.</DELETED>
<DELETED>    (c) Distribution of Obligation Authority.--For each of 
fiscal years 2004 through 2009, the Secretary shall--</DELETED>
        <DELETED>    (1) reserve obligation authority provided by 
        subsection (a) for such fiscal year for amounts authorized for 
        administrative expenses, programs funded from the 
        administrative takedown authorized by section 104(a) of title 
        23, United States Code, the infrastructure performance and 
        maintenance program, and for each of the programs that are 
        allocated by the Secretary under this Act and title 23, United 
        States Code;</DELETED>
        <DELETED>    (2) reserve the obligation authority provided by 
        subsection (a) less the amounts reserved under paragraph (1) 
        for section 201 of the Appalachian Regional Development Act of 
        1965, and $2,000,000,000 for such fiscal year under section 105 
        of such title (relating to minimum guarantee); and</DELETED>
        <DELETED>    (3) distribute the obligation authority provided 
        by subsection (a) less the aggregate amounts not reserved under 
        paragraph (1) and (2) for Federal-aid highway and highway 
        safety construction programs (other than the minimum guarantee 
        program, but only to the extent that amounts apportioned for 
        the minimum guarantee program for such fiscal year exceed 
        $2,639,000,000, and the Appalachian development highway system 
        program) that are apportioned by the Secretary under this Act 
        and title 23, United States Code, in the ratio that--</DELETED>
                <DELETED>    (A) sums authorized to be appropriated for 
                such programs that are apportioned to each State for 
                such fiscal year, bear to</DELETED>
                <DELETED>    (B) the total of the sums authorized to be 
                appropriated for such programs that are apportioned to 
                all States for such fiscal year.</DELETED>
<DELETED>    (d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c), the Secretary shall, after August 1 of 
each of fiscal years 2004 through 2009, revise a distribution of the 
obligation authority made available under subsection (c) if a State 
will not obligate the amount distributed during that fiscal year and 
redistribute sufficient amounts to those States able to obligate 
amounts in addition to those previously distributed during that fiscal 
year, giving priority to those States having large unobligated balances 
of funds apportioned under sections 104 and 144 of title 23, United 
States Code.</DELETED>
<DELETED>    (e) Applicability of Obligation Limitations to 
Transportation Research Programs.--Obligation limitations imposed by 
subsection (a) shall apply to transportation research programs carried 
out under chapter 5 of title 23, United States Code, and under title V 
of this Act; except that obligation authority made available for such 
programs under such limitations shall remain available for a period of 
3 fiscal years and shall be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and highway safety 
construction programs for future fiscal years.</DELETED>
<DELETED>    (f) Special Rule.--Obligation authority distributed for a 
fiscal year under subsection (c)(2) for a section set forth in 
subsection (c)(2) shall remain available until used for obligation of 
funds for such section and shall be in addition to the amount of any 
limitation imposed on obligations for Federal-aid highway and highway 
safety construction programs for future fiscal years.</DELETED>
<DELETED>    (g) Adjustment in Obligation Limit.--Limitations on 
obligations imposed by subsection (a) for a fiscal year shall be 
adjusted by an amount equal to the amount determined pursuant to 
section 251(b)(1)(B) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 for such fiscal year, as amended by this Act. Any 
such adjustment shall be distributed in accordance with this 
section.</DELETED>
<DELETED>    (h) Limitations on Obligations for Administrative 
Expenses.--Notwithstanding any other provision of law, the total amount 
of all obligations under section 104(a) of title 23, United States 
Code, shall not exceed--</DELETED>
        <DELETED>    (1) $350,000,000 for fiscal year 2004;</DELETED>
        <DELETED>    (2) $380,000,000 for fiscal year 2005;</DELETED>
        <DELETED>    (3) $400,000,000 for fiscal year 2006;</DELETED>
        <DELETED>    (4) $420,000,000 for fiscal year 2007;</DELETED>
        <DELETED>    (5) $440,000,000 for fiscal year 2008; 
        and</DELETED>
        <DELETED>    (6) $460,000,000 for fiscal year 2009.</DELETED>

<DELETED>SEC. 1103. APPORTIONMENTS.</DELETED>

<DELETED>    (a) Administrative Expenses.--Section 104(a) of title 23, 
United States Code, as amended by this Act, is further amended in 
paragraph (1) by striking ``1 1/6'' and inserting ``1.4''.</DELETED>
<DELETED>    (b) Metropolitan Planning.--Section 104(f) of title 23, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``not to 
        exceed''; and by striking ``authorized under this title'' and 
        inserting ``identified in such subsection, except for the 
        Federal lands highway program and the Appalachian development 
        highway program'';</DELETED>
        <DELETED>    (2) in paragraph (2), by striking ``per centum'' 
        and inserting ``percent'';</DELETED>
        <DELETED>    (3) in paragraph (3), by striking ``These funds 
        shall be matched in accordance with section 120(b) unless the 
        Secretary determines that the interests of the Federal-aid 
        highway program would be best served without such matching.'' 
        and inserting ``Any funds that are not used to carry out 
        section 134 of this title may be made available by a 
        metropolitan planning organization to the State to fund 
        activities under section 135.''; and</DELETED>
        <DELETED>    (4) by adding the following after paragraph 
        (5):</DELETED>
        <DELETED>    ``(6) Federal share.--Funds apportioned to a State 
        under this subsection shall be matched in accordance with 
        section 120(b) unless the Secretary determines that the 
        interests of the Federal-aid highway program would be best 
        served without such matching.''.</DELETED>
<DELETED>    (c) State Defined.--Section 1103(n) of the Transportation 
Equity Act for the 21st Century (Public Law 105-178) is 
repealed.</DELETED>
<DELETED>    (d) Executive Office Complex.--Section 104 of title 23, 
United States Code, is amended by adding after subsection (q), as added 
by this Act, the following:</DELETED>
<DELETED>    ``(r) Executive Office Complex.--On October 1 of each 
fiscal year for fiscal years 2004 through 2009, the Secretary, after 
making the deductions authorized by subsections (a) and (f), shall set 
aside $2,000,000 for each of fiscal years 2004 through 2006, 
$14,000,000 for each of fiscal years 2007 and 2008, and $7,000,000 for 
fiscal year 2009 of the remaining funds authorized to be appropriated 
under subsection (b)(3) for the preferred option determined by a study 
for highway access near the Executive Office complex.''.</DELETED>
<DELETED>    (e) Alaska Highway.--Section 104(b)(1)(A) of title 23, 
United States Code, is amended by striking ``$18,800,000 for each of 
fiscal years 1998 through 2002 for the Alaska Highway'' and 
substituting ``$18,800,000 for each of fiscal years 2004 through 2009 
for the Alaska Highway''.</DELETED>

<DELETED>SEC. 1104. MINIMUM GUARANTEE.</DELETED>

<DELETED>    Section 105 of title 23, United States Code, is amended to 
read as follows:</DELETED>
<DELETED>``Sec. 105. Minimum guarantee</DELETED>
<DELETED>    ``(a) General Rule.--For each of fiscal years 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, highway safety improvement, minimum guarantee, 
Appalachian development highway system, infrastructure performance and 
maintenance, and recreational trails programs shall equal the 
percentage listed for each State in subsection (b). The minimum amount 
allocated to a State listed in subsection (b) under this section for a 
fiscal year shall be $1,000,000.</DELETED>
<DELETED>    ``(b) State Percentages.--The percentage referred to in 
subsection (a) for a State shall be determined in accordance with the 
following table:</DELETED>

<DELETED>``States:                                          Percentage:
        <DELETED>Alabama...................................     2.0269 
        <DELETED>Alaska....................................     1.1915 
        <DELETED>Arizona...................................     1.5581 
        <DELETED>Arkansas..................................     1.3214 
        <DELETED>California................................     9.1962 
        <DELETED>Colorado..................................     1.1673 
        <DELETED>Connecticut...............................     1.5186 
        <DELETED>Delaware..................................     0.4424 
        <DELETED>District of Columbia......................     0.3956 
        <DELETED>Florida...................................     4.6176 
        <DELETED>Georgia...................................     3.5104 
        <DELETED>Hawaii....................................     0.5177 
        <DELETED>Idaho.....................................     0.7718 
        <DELETED>Illinois..................................     3.3819 
        <DELETED>Indiana...................................     2.3588 
        <DELETED>Iowa......................................     1.2020 
        <DELETED>Kansas....................................     1.1717 
        <DELETED>Kentucky..................................     1.7365 
        <DELETED>Louisiana.................................     1.5900 
        <DELETED>Maine.....................................     0.5263 
        <DELETED>Maryland..................................     1.5087 
        <DELETED>Massachusetts.............................     1.8638 
        <DELETED>Michigan..................................     3.1535 
        <DELETED>Minnesota.................................     1.4993 
        <DELETED>Mississippi...............................     1.2186 
        <DELETED>Missouri..................................     2.3615 
        <DELETED>Montana...................................     0.9929 
        <DELETED>Nebraska..................................     0.7768 
        <DELETED>Nevada....................................     0.7248 
        <DELETED>New Hampshire.............................     0.5163 
        <DELETED>New Jersey................................     2.5816 
        <DELETED>New Mexico................................     0.9884 
        <DELETED>New York..................................     5.1628 
        <DELETED>North Carolina............................     2.8298 
        <DELETED>North Dakota..............................     0.6553 
        <DELETED>Ohio......................................     3.4257 
        <DELETED>Oklahoma..................................     1.5419 
        <DELETED>Oregon....................................     1.2183 
        <DELETED>Pennsylvania..............................     4.9887 
        <DELETED>Rhode Island..............................     0.5958 
        <DELETED>South Carolina............................     1.5910 
        <DELETED>South Dakota..............................     0.7149 
        <DELETED>Tennessee.................................     2.2646 
        <DELETED>Texas.....................................     7.2131 
        <DELETED>Utah......................................     0.7831 
        <DELETED>Vermont...................................     0.4573 
        <DELETED>Virginia..................................     2.5627 
        <DELETED>Washington................................     1.7875 
        <DELETED>West Virginia.............................     1.1319 
        <DELETED>Wisconsin.................................     1.9916 
        <DELETED>Wyoming...................................     0.6951.
<DELETED>    ``(c) Special Rule.--The Secretary shall allocate to 
Puerto Rico $1,000,000 for each of fiscal years 2004 through 2009. Such 
amounts shall be subject to the provisions in paragraph (d) of this 
section.</DELETED>
<DELETED>    ``(d) Treatment of Funds.--</DELETED>
        <DELETED>    ``(1) Programmatic distribution.--The Secretary 
        shall apportion 50 percent of the amounts made available under 
        this section 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, Appalachian development 
highway system, infrastructure performance and maintenance, and 
recreational trails programs) is equal to the amount determined by 
multiplying the amount to be apportioned under this paragraph by the 
ratio that--</DELETED>
                <DELETED>    ``(A) the amount of funds apportioned to 
                each State for each program referred to in subsection 
                (a) (other than metropolitan planning, minimum 
                guarantee, Appalachian development highway system, 
                infrastructure performance and maintenance, and 
                recreational trails programs) for a fiscal year; bears 
                to</DELETED>
                <DELETED>    ``(B) the total amount of funds 
                apportioned to each State for all such programs for 
                such fiscal year.</DELETED>
        <DELETED>    ``(2) Remaining distribution.--The Secretary shall 
        allocate the remainder of funds made available under this 
        section to the States for use in accordance with section 133; 
        except that requirements of paragraphs (1) and (2) of section 
        133(d) shall not apply to amounts apportioned pursuant to this 
        paragraph.</DELETED>
<DELETED>    ``(e) 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 2004 through 2009.</DELETED>
<DELETED>    ``(f) Guarantee of 90.5 Percentage Return.--</DELETED>
        <DELETED>    ``(1) In general.--Before making any apportionment 
        under this title for each of fiscal years 2004 through 2009, 
        the Secretary 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 of the State's percentage 
        contribution.</DELETED>
        <DELETED>    ``(2) Conforming adjustments.--After making any 
        adjustments under paragraph (1) for a fiscal year, the 
        Secretary shall adjust the remaining percentages in the table 
        set forth in subsection (b) to ensure that the total of the 
        percentages in the table, as adjusted, do not exceed 100 
        percent for such fiscal year.</DELETED>
        <DELETED>    ``(3) Limitation on adjustments.--After making any 
        adjustments under paragraph (2) for a fiscal year, the 
        Secretary shall determine whether or not any State's percentage 
        return from the Highway Trust Fund (other than the Mass Transit 
        Account) is less than 90.5 percent of the State's percentage 
        contribution to the Highway Trust fund as a result of such 
        adjustments and shall adjust the percentages in the table for 
        such fiscal year accordingly. Adjustments of the percentages in 
        the table under this paragraph may not result in the total of 
        such percentages exceeding 100 percent.</DELETED>
        <DELETED>    ``(4) Rate of return.--A State's percentage return 
        for such fiscal year shall be in the ratio that--</DELETED>
                <DELETED>    ``(A) the quotient obtained by dividing 
                the total amount of funds apportioned to each State, 
                except Puerto Rico, for the current fiscal year for 
                Interstate maintenance, national highway system, 
                bridge, congestion mitigation and air quality 
                improvement, surface transportation, minimum guarantee, 
                highway safety improvement, Appalachian development 
                highway system, infrastructure performance and 
                maintenance, and recreational trails programs by the 
                total amount of funds apportioned for such programs in 
                all States, except Puerto Rico, for the current fiscal 
                year; bears to</DELETED>
                <DELETED>    ``(B) the quotient obtained by dividing 
                the 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 are available by the 
                estimated tax payments attributable to highway users in 
                all States paid into the Highway Trust Fund (other than 
                the Mass Transit Account) for such fiscal 
                year.''.</DELETED>

<DELETED>SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY (RABA) -- 
              AMENDMENTS.</DELETED>

<DELETED>    Section 110 of title 23, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsections (a)(1) and (a)(2), by striking 
        ``2000'' and inserting ``2006'';</DELETED>
        <DELETED>    (2) in subsection (a)(2), by striking ``the 
        succeeding'' and inserting ``that'', and by striking ``and the 
        motor carrier safety grant program'';</DELETED>
        <DELETED>    (3) in subsection (b)(1)(A), by striking ``and the 
        motor carrier safety grant program'' and by striking ``, the 
        Transportation Equity Act for the 21st Century, and subchapter 
        I of chapter 311 of title 49'' after ``under this title'' and 
        insert ``and the Safe, Accountable, Flexible, and Efficient 
        Transportation Equity Act of 2003'';</DELETED>
        <DELETED>    (4) in subsection (c), by inserting ``the highway 
        safety improvement program,'' after ``the surface 
        transportation program,''; and</DELETED>
        <DELETED>    (5) by striking subsections (e), (f), and 
        (g).</DELETED>

              <DELETED>Subtitle B--New Programs</DELETED>

<DELETED>SEC. 1201. INFRASTRUCTURE PERFORMANCE AND MAINTENANCE 
              PROGRAM.</DELETED>

<DELETED>    (a) Establishment.--The Secretary shall establish and 
implement an Infrastructure Performance and Maintenance Program in 
accordance with this section.</DELETED>
<DELETED>    (b) Eligible Projects.--</DELETED>
        <DELETED>    (1) In general.--A State may obligate funds 
        apportioned to it under this section only for highway projects 
        eligible under the Interstate Maintenance Program, the National 
        Highway System Program, and the Surface Transportation Program 
        that will--</DELETED>
                <DELETED>    (A) cost-effectively preserve, maintain, 
                or otherwise extend the useful life of existing highway 
                infrastructure elements; or</DELETED>
                <DELETED>    (B) provide operational improvements, 
                including traffic management and intelligent 
                transportation system strategies and limited capacity 
                enhancements, at points of recurring highway 
                congestion.</DELETED>
        <DELETED>    (2) Transfer prohibition.--Notwithstanding 
        sections 104 and 126 of title 23, United States Code, funds 
        apportioned under this section shall not be transferred to 
        another Federal agency or program.</DELETED>
<DELETED>    (c) Apportionment of Infrastructure Performance and 
Maintenance Program Funds.--</DELETED>
        <DELETED>    (1) In general.--On October 1 of each fiscal year 
        the Secretary shall apportion to the States the funds 
        authorized to be appropriated to carry out this section in 
        accordance with the following formula:</DELETED>
                <DELETED>    (A) 25 percent of the apportionments in 
                the ratio that--</DELETED>
                        <DELETED>    (i) the total lane miles of 
                        Federal-aid highways in each State; bears 
                        to</DELETED>
                        <DELETED>    (ii) the total lane miles of 
                        Federal-aid highways in all States.</DELETED>
                <DELETED>    (B) 40 percent of the apportionments in 
                the ratio that--</DELETED>
                        <DELETED>    (i) the total vehicle miles 
                        traveled on lanes on Federal-aid highways in 
                        each State; bears to</DELETED>
                        <DELETED>    (ii) the total vehicle miles 
                        traveled on lanes on Federal-aid highways in 
                        all States.</DELETED>
                <DELETED>    (C) 35 percent of the apportionments in 
                the ratio that--</DELETED>
                        <DELETED>    (i) the 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 are available; bears 
                        to</DELETED>
                        <DELETED>    (ii) the estimated tax payments 
                        attributable to highway users in all States 
                        paid into the Highway Trust Fund (other than 
                        the Mass Transit Account) in the latest fiscal 
                        year for which data are available.</DELETED>
        <DELETED>    (2) Minimum apportionment.--Notwithstanding 
        paragraph (1), each State shall receive a minimum of 
        </DELETED>\<DELETED>1/2</DELETED>\ <DELETED>of 1 percent of the 
        funds apportioned under this paragraph.</DELETED>
<DELETED>    (d) Contract Authority.--Funds authorized to be 
appropriated under section 1101(a)(16) of this Act to carry out this 
section 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 such funds shall remain available for obligation only as 
provided in subsection (e); shall not be subject to any deduction or 
set aside requirement; and shall not be transferred to another Federal 
agency or program in accordance with subsection (b)(2).-</DELETED>
<DELETED>    (e) Period of Availability.--</DELETED>
        <DELETED>    (1) Obligation within 6 months.--Funds apportioned 
        to a State under this section must be obligated by such State 
        within 6 months of the date of apportionment. Any amounts that 
        remain unobligated at the end of that period shall be 
        reapportioned in accordance with subsection (f).</DELETED>
        <DELETED>    (2) One year.--All funds apportioned or 
        reapportioned under this section shall remain available for 
        obligation until the last day of the fiscal year in which they 
        are apportioned. Any amounts apportioned that remain 
        unobligated at the end of the fiscal year shall 
        lapse.</DELETED>
<DELETED>    (f) Redistribution of Apportioned Funds and Obligation 
Authority.--Six months after the date of apportionment or as soon 
thereafter as feasible in each fiscal year, the Secretary shall 
withdraw any funds apportioned to a State under this section that 
remain unobligated, along with an equal amount of obligation authority 
provided for the use of such funds pursuant to section 1102(c) of this 
Act, and shall reapportion such funds and redistribute such obligation 
authority to those States that have fully obligated all amounts 
apportioned under this section in such fiscal year and that demonstrate 
they are able to obligate additional amounts for projects eligible 
under this section before the end of the fiscal year. The calculation 
and distribution of funds under section 105 of title 23, United States 
Code, shall not be adjusted as a result of the reapportionment of funds 
under this subsection.</DELETED>
<DELETED>    (g) Federal Share Payable.--The Federal share payable for 
a project funded under this section shall be determined in accordance 
with the provisions of section 120 of title 23, United States 
Code.</DELETED>
<DELETED>    (h) State Defined.--In this section, the term ``State'' 
has the meaning such term has under section 101(a) of title 23, United 
States Code.</DELETED>

<DELETED>SEC. 1202. CLARIFY FEDERAL-AID ELIGIBILITY FOR SECURITY 
              PROJECTS.</DELETED>

<DELETED>    Section 101 of title 23, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by striking the word ``and'' at the end of 
        paragraph (a)(3)(G);</DELETED>
        <DELETED>    (2) by striking the period at the end of paragraph 
        (a)(3)(H) and inserting ``; and'';</DELETED>
        <DELETED>    (3) by adding the following at the end of 
        paragraph (a)(3)(H):</DELETED>
                                <DELETED>    ``(I) improvements 
                                directly related to homeland security 
                                for detection, preparedness, 
                                prevention, response, and recovery.''; 
                                and</DELETED>
        <DELETED>    (4) by inserting the words ``protection and'' 
        after the words ``means the'' and by inserting ``, secure,'' 
        after the word ``safe'' in section (a)(14).</DELETED>

<DELETED>SEC. 1203. FUTURE OF THE INTERSTATE HIGHWAY SYSTEM.</DELETED>

<DELETED>    (a) Declaration of Policy.--Section 101 of title 23, 
United States Code, is amended by striking subsection (b) and inserting 
the following:</DELETED>
<DELETED>    ``(b) It is hereby declared to be in the national interest 
to accelerate the construction and reconstruction of the Federal-aid 
highway systems since many of such highways, or portions thereof, are 
in fact inadequate to meet the needs of local and interstate commerce 
and national and civil defense.</DELETED>
<DELETED>    ``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 (hereafter referred to as the 
``Interstate System'') to meet the nation's needs for the 21st Century. 
Urban and long distance personal travel and freight movement demands 
continue to grow. Travel demand patterns will remain dynamic. Continued 
planning for and investment in the Interstate System is critical to 
assure it adequately meets the changing travel demands of the future. 
The Interstate System must be safe, efficient, and reliable and must 
ensure national and interregional personal mobility, the flow of 
interstate commerce, and travel movements essential for national 
security. To the maximum extent possible, actions under this title 
should address congestion and freight transportation to provide for a 
strong and vigorous national economy. Special emphasis should be 
devoted to providing safe and efficient access for the type and size of 
commercial and military vehicles that access designated National 
Highway System intermodal freight terminals.</DELETED>
<DELETED>    ``The Interstate System is further declared to be the 
nation's premiere highway system, essential for the nation's economic 
vitality, national security, and general welfare. The Secretary is 
directed to take appropriate actions to preserve and enhance the 
Interstate System to meet the needs of the 21st Century.''.</DELETED>

<DELETED>SEC. 1204. MILITARY VEHICLE ACCESS (OVERSIZE AND OVERWEIGHT 
              VEHICLES; RELIEF FROM TOLLS).</DELETED>

<DELETED>    (a) Procedures on Military Vehicle Access.--The Secretary 
of Transportation is authorized to issue, in consultation with the 
Secretary of Defense and the Secretary of Homeland Security, procedures 
and orders that will expedite the highway movement of all marked 
military vehicles and convoys. The procedures shall specifically 
address the expedited movement of marked military vehicles, including 
the establishment of temporary vehicle size and weight limits in excess 
of Federal and local maximum limits, expedited oversize/overweight 
permits, and exemptions from payment of local tolls and expedited 
movement through toll facilities.</DELETED>
<DELETED>    (b) Preemption.--A law, regulation, order, ruling, 
provision, or other requirement of a State, territory, Indian tribe, or 
political subdivision thereof, which covers the vehicles and movements 
described in paragraph (a) and which is not consistent with the 
procedures or related limitations established by the Secretary under 
that paragraph, is preempted. The Secretaries of Transportation, 
Homeland Security, and Defense, may request the Attorney General to 
bring a civil action seeking appropriate relief respecting the effect 
of such laws, regulations, orders, rulings, provisions or other 
requirements in any court of competent jurisdiction. Nothing in this 
section shall be construed as limiting claims or remedies otherwise 
available under law or equity.</DELETED>
<DELETED>    (c) Exemption From Administrative Procedure Act.--A 
procedure established by the Secretary under paragraph (a) shall be 
exempt from the provisions of 5 U.S.C. 553.</DELETED>

<DELETED>SEC. 1205. FREIGHT TRANSPORTATION GATEWAYS; FREIGHT INTERMODAL 
              CONNECTIONS.</DELETED>

<DELETED>    (a) Freight Transportation Gateways.--Chapter 3 of title 
23, United States Code, is amended by adding after section 324 the 
following new section:</DELETED>
<DELETED>``Sec. 325. Freight transportation gateways</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Establishment.--The Secretary shall 
        establish a freight transportation gateways program to improve 
        productivity, security, and safety of freight transportation 
        gateways, while mitigating congestion and community impacts in 
        the area of such gateways.</DELETED>
        <DELETED>    ``(2) Purposes.--The purposes of the freight 
        transportation gateways program shall be--</DELETED>
                <DELETED>    ``(A) to facilitate and support multimodal 
                freight transportation initiatives at the State and 
                local levels in order to improve freight transportation 
                gateways and mitigate the impact of congestion on the 
                environment in the area of such gateways;</DELETED>
                <DELETED>    ``(B) to provide capital funding to 
                address infrastructure and freight operational needs at 
                freight transportation gateways;</DELETED>
                <DELETED>    ``(C) to encourage adoption of new 
                financing strategies to leverage State, local, and 
                private investment in freight transportation gateways; 
                and</DELETED>
                <DELETED>    ``(D) to support military mobilization and 
                readiness.</DELETED>
<DELETED>    ``(b) State Responsibilities.--</DELETED>
        <DELETED>    ``(1) Project development process.--Each State 
        shall ensure that intermodal freight transportation, trade 
        facilitation, and economic development needs are adequately 
        addressed and fully integrated into the project development 
        process, including transportation planning, through final 
        design and construction of freight related transportation 
        projects.</DELETED>
        <DELETED>    ``(2) Freight transportation coordinator 
        position.--Each State shall designate a freight transportation 
        coordinator. The coordinator shall be responsible for fostering 
        public and private sector collaboration needed to implement 
        complex solutions to freight transportation and freight 
        transportation gateway problems, including coordination of 
        metropolitan and statewide transportation activities with trade 
        and economic interests and coordination with other States, 
        local Department of Defense officials, local Department of 
        Homeland Security officials, agencies, and organizations to 
        find regional solutions to freight transportation problems. The 
        coordinator shall also be responsible for advancing freight 
        professional capacity building programs for the 
        State.</DELETED>
<DELETED>    ``(c) Innovative Finance.--States and localities are 
encouraged to adopt innovative financing strategies for freight 
transportation gateway improvements, including new user fees; 
modifications to existing user fees, including trade facilitation 
charges; revenue options that incorporate private sector investment; 
and a blending of Federal-aid and innovative finance programs. The 
Secretary shall provide technical assistance to States and localities 
with respect to such strategies.</DELETED>
<DELETED>    ``(d) Intermodal Freight Transportation Projects.--
</DELETED>
        <DELETED>    ``(1) Use of surface transportation program 
        funds.--A State may obligate funds apportioned to it under 
        section 104(b)(3) of this title for publicly owned intermodal 
        freight transportation projects that provide community and 
        highway benefits by addressing economic, congestion, security, 
        safety, and environmental issues associated with freight 
        transportation gateways.</DELETED>
        <DELETED>    ``(2) Eligible projects.--Projects eligible for 
        funding under this section--</DELETED>
                <DELETED>    ``(A) may include publicly-owned 
                intermodal freight transfer facilities, access to such 
                facilities, and operational improvements for such 
                facilities (including capital investment for 
                Intelligent Transportation Systems), except that 
                projects located within the boundaries of port 
                terminals shall only include the transportation 
                infrastructure modifications necessary to facilitate 
                direct intermodal access into and out of such port; 
                and</DELETED>
                <DELETED>    ``(B) may involve the combining of private 
                and public sector funds.''.-</DELETED>
<DELETED>    (b) Eligibility for Surface Transportation Program 
Funds.--Section 133(b) of title 23, United States Code, is amended by 
adding at the end the following new paragraph:</DELETED>
        <DELETED>    ``(15) Intermodal freight transportation projects 
        in accordance with section 325(d)(2) of this 
        title.''.</DELETED>
<DELETED>    (c) Freight Intermodal Connections to NHS.--Section 103(b) 
of such title, is amended by adding at the end the following new 
paragraph:</DELETED>
        <DELETED>    ``(7) Freight intermodal connections to the nhs--
        </DELETED>
                <DELETED>    ``(A) Funding set-aside.--Of the funds 
                apportioned to a State in each fiscal year under 
                section 104(b)(1) of this title, an amount determined 
                in accordance with subparagraph (B) of this paragraph 
                shall only be available to such State to be obligated 
                for projects on--</DELETED>
                        <DELETED>    ``(i) National Highway System 
                        routes connecting to intermodal freight 
                        terminals identified according to criteria set 
                        forth in the report to Congress entitled 
                        ``Pulling Together: The National Highway System 
                        and its Connections to Major Intermodal 
                        Terminals'' dated May 24, 1996, referenced in 
                        paragraph (1) of this subsection, and any 
                        modifications to these connections consistent 
                        with paragraph (4) of this subsection, 
                        and</DELETED>
                        <DELETED>    ``(ii) Strategic Highway Network 
                        (STRAHNET) connectors to strategic military 
                        deployment ports.</DELETED>
                <DELETED>    ``(B) Determination of amount.--The amount 
                of funds for each State in a fiscal year that shall be 
                set aside pursuant to subparagraph (A) of this 
                paragraph shall be--</DELETED>
                        <DELETED>    ``(i) equal to the total amount of 
                        funds apportioned to such State under section 
                        104(b)(1) of this title multiplied by the 
                        percentage of miles that routes set forth in 
                        subparagraph (A) of this paragraph constitute 
                        of the total miles on the National Highway 
                        System in such State, or</DELETED>
                        <DELETED>    ``(ii) two percent of the annual 
                        apportionment to the State of funds under 
                        104(b)(1), whichever is greater.</DELETED>
                <DELETED>    ``(C) Exemption from set-aside.--In any 
                fiscal year, a State may obligate the funds otherwise 
                set aside by this paragraph on any project which is 
                both eligible under paragraph (6) of this subsection 
                and located in such State on a segment of the National 
                Highway System set forth in paragraph (2) of this 
                subsection if such State certifies and the Secretary 
                concurs that--</DELETED>
                        <DELETED>    ``(i) the routes described in 
                        subparagraph (A) of this paragraph are in good 
                        condition and provide an adequate level of 
                        service for military vehicle and civilian 
                        commercial vehicle use, and</DELETED>
                        <DELETED>    ``(ii) significant needs on such 
                        routes are being met or do not 
                        exist.''.</DELETED>
<DELETED>    (d) Definitions and Declaration of Policy.--Section 101(a) 
of such title is amended by redesignating paragraphs (11) through (37) 
as paragraphs (12) through (38), respectively, and inserting new 
paragraph (11) as follows:</DELETED>
        <DELETED>    ``(11) Freight transportation gateway.--The term 
        `freight transportation gateway' means a nationally or 
        regionally significant transportation port of entry or hub for 
        domestic and global trade, military mobilization, and includes 
        freight intermodal and Strategic Highway Network connections 
        that provide access to and from these gateways.''.</DELETED>
<DELETED>    (e) Federal Share Payable.--Section 120 of such title is 
amended by adding at the end the following new subsection:</DELETED>
<DELETED>    ``(m) Increased Federal Share for Connectors.--On National 
Highway System intermodal freight connections and Strategic Highway 
Network connectors to strategic military deployment ports described in 
section 103(b)(7), the Federal share may be up to 90 percent of the 
total cost of the project.''.</DELETED>
<DELETED>    (f) Length Limitations.--Section 31111(e) of title 49, 
United States Code, is amended by adding at the end ``In the interests 
of economic competitiveness, security, and intermodal connectivity, 
States shall update these qualifying highways within three years of 
enactment of the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2003 to include Strategic Highway Network 
connectors to strategic military deployment ports and National Highway 
System intermodal freight connections serving military and commercial 
truck traffic going to major intermodal terminals as described in 
section 103(b)(7).''.</DELETED>
<DELETED>    (g) Conforming Amendment.--The analysis of chapter 3 of 
title 23 is amended by adding at the end the following:</DELETED>

<DELETED>``325. Freight transportation gateways.''.

<DELETED>SEC. 1206. AUTHORITY FOR ALTERNATIVE TIME-SAVING PROCEDURES 
              FOR CRITICAL TRANSPORTATION SECURITY PROJECTS.</DELETED>

<DELETED>    (a) Critical, time sensitive highway and public 
transportation security projects are projects that are necessary to 
address an imminent threat to the security of a transportation facility 
or to repair damage to a transportation facility caused by a terrorist 
attack against the United States. Such projects shall be identified by 
the Secretary in consultation with the owner-operator of the facility 
and with the Secretary of Homeland Security.</DELETED>
<DELETED>    (b) The Secretary of Transportation shall develop and 
implement expedited procedures for critical, time-sensitive highway and 
public transportation security projects. These procedures shall address 
planning, environmental review, public involvement, acquisition of 
rights-of-way, and contracting, and they shall be developed with the 
concurrence of other affected Federal agencies whose authorities will 
be affected by the procedures and in consultation with any other 
Federal agencies that the Secretary determines have an interest in the 
procedures. For the limited purpose of expediting interim measures 
needed to address an imminent threat to the security of a 
transportation facility, the Secretary may provide that these 
procedures are exclusive of any other statute relating to planning, 
environmental reviews, public involvement, acquisition of right-of-way, 
and contracting, so long as the Secretary determines that such measures 
are necessary for the protection of the public and receives the 
concurrence of any other Federal agency responsible for administering 
such statutes. The Secretary shall issue rules establishing these 
procedures within one year of the enactment of this law.</DELETED>

                 <DELETED>Subtitle C--Finance</DELETED>

<DELETED>SEC. 1301. FEDERAL SHARE.</DELETED>

<DELETED>    Section 120 of title 23, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``shall be 90 
        percent'' and all that follows through the end of the 
        subsection and inserting ``shall not exceed 90 percent of the 
        total cost of the project.'';</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``shall be'' 
        and all that follows through the end of the subsection and 
        inserting ``shall not exceed 80 percent of the total cost of 
        the project.''; and</DELETED>
        <DELETED>    (3) by striking subsection (d) and inserting the 
        following:</DELETED>
<DELETED>    ``(d) Increased Federal Share.--The Federal share payable 
under (a) and (b) may be increased in the case of any State containing 
nontaxable Indian lands, public lands (both reserved and unreserved), 
national forests, and national parks and monuments. The Federal share 
for any project subject to this section shall be increased by a 
percentage of the remaining cost equal to the percentage that the area 
of all such lands in a State is of its total area not to exceed 95 
percent of the total cost of the project. These rates shall be revised 
as needed based on data provided by the Federal agencies responsible 
for maintaining the data.''.</DELETED>

<DELETED>SEC. 1302. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.</DELETED>

<DELETED>    Section 104(m) of title 23, as redesignated by this Act, 
is amended to read as follows:</DELETED>
<DELETED>    ``(m) Transfer of Highway and Transit Funds.--</DELETED>
        <DELETED>    ``(1) Transfer of highway funds for transit 
        projects.--Funds made available for transit projects or 
        transportation planning under this title may be transferred to 
        and administered by the Secretary in accordance with chapter 53 
        of title 49, except that the provisions of this title relating 
        to the non-Federal share shall apply to the transferred 
        funds.</DELETED>
        <DELETED>    ``(2) Transfer of transit funds for highway 
        projects.--Funds made available for highway projects or 
        transportation planning under chapter 53 of title 49 may be 
        transferred to and administered by the Secretary in accordance 
        with this title, except that the provisions of such chapter 
        relating to the non-Federal share shall apply to the 
        transferred funds.</DELETED>
        <DELETED>    ``(3) Transfer of highway funds to other federal 
        agencies.--Except as provided in paragraphs (1) and (2), when 
        an expenditure is specifically authorized in Federal-aid 
        highway legislation, as a line item in an appropriation act, or 
        when a State transportation department consents to a transfer 
        of funds under this title that are derived from the Highway 
        Trust Fund (other than the Mass Transit account), such funds 
        may be transferred to another Federal agency subject to 
        subparagraphs (A), (B), (C), and (D) of this paragraph--
        </DELETED>
                <DELETED>    ``(A) if the Secretary determines, after 
                consultation with the State transportation department 
                as appropriate, that another Federal agency should 
                carry out a project with funds made available under 
                this title or any other act that are derived from 
                Highway Trust Fund (other than the Mass Transit 
                account);</DELETED>
                <DELETED>    ``(B) the project will be administered by 
                the Federal agency under its procedures, and such funds 
                shall not be deemed to be an augmentation of that 
                agency's appropriations;</DELETED>
                <DELETED>    ``(C) such other Federal agency agrees to 
                accept the transfer of funds and to administer those 
                funds; and</DELETED>
                <DELETED>    ``(D) the provisions of this title or the 
                acts referred to above relating to the non-Federal 
                share shall apply to the transferred funds, except 
                where the Secretary determines that it is in the best 
                interest of the United States that such share be 
                waived.</DELETED>
        <DELETED>    ``(4) Transfer of funds among states or to the 
        federal highway administration.--The Secretary may, at the 
        request of a State, transfer funds apportioned or allocated to 
        such State to another State or to the Federal Highway 
        Administration for the purpose of funding a specific project or 
        projects. The funds transferred shall be used for the same 
        purpose and in the same manner for which they were authorized. 
        Such transfer shall have no effect on any apportionment formula 
        used to distribute funds to the States under sections 104, 105, 
        or 144. Funds that are apportioned or allocated to a State 
        under section 104(b)(3) and attributed to urbanized areas of a 
        State with a population of over 200,000 individuals under 
        section 133(d)(2) may be transferred under this subsection only 
        if the metropolitan planning organization designated for the 
        area concurs, in writing, with the transfer request.</DELETED>
        <DELETED>    ``(5) Transfer of obligation authority.--
        Obligation authority shall be transferred in the same manner 
        and amount as the funds for the projects are transferred under 
        this section.''.</DELETED>

<DELETED>SEC. 1303. STATE INFRASTRUCTURE BANK PILOT PROGRAM.</DELETED>

<DELETED>    (a) Definitions.--In this section, the following 
definitions apply:</DELETED>
        <DELETED>    (1) Capital project.--The term ``capital project'' 
        has the meaning such term has under section 5302 of title 49, 
        United States Code.</DELETED>
        <DELETED>    (2) Other assistance.--The term ``other 
        assistance'' includes any use of funds in an infrastructure 
        bank--</DELETED>
                <DELETED>    (A) to provide credit 
                enhancements;</DELETED>
                <DELETED>    (B) to serve as a capital reserve for bond 
                or debt instrument financing;</DELETED>
                <DELETED>    (C) to subsidize interest rates;</DELETED>
                <DELETED>    (D) to ensure the issuance of letters of 
                credit and credit instruments;</DELETED>
                <DELETED>    (E) to finance purchase and lease 
                agreements with respect to transit projects;</DELETED>
                <DELETED>    (F) to provide bond or debt financing 
                instrument security; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) State.--The term ``State'' has the meaning 
        such term has under section 101 of title 23, United States 
        Code.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Cooperative agreement.--The term ``cooperative 
        agreement'' means the written consent between a State and the 
        Secretary which sets forth the manner in which the State 
        Infrastructure Bank will be administered.</DELETED>
        <DELETED>    (6) Loan.--The term ``loan'' means any form of 
        direct financial assistance from the State Infrastructure Bank, 
        required to be repaid over a period of time, which is provided 
        to a project sponsor for all or part of project 
        costs.</DELETED>
        <DELETED>    (7) Guarantee.--The term ``guarantee'' means a 
        contract or contracts entered into by the State Infrastructure 
        Bank in which the State Infrastructure Bank agrees to take 
        responsibility for all or a portion of a project sponsor's 
        financial obligations for a project under specified 
        conditions.</DELETED>
        <DELETED>    (8) Initial assistance.--The term ``initial 
        assistance'' means the first round of State Infrastructure Bank 
        funds that must be loaned or used for credit enhancement for 
        purposes limited to highway construction under title 23 or 
        transit capital projects under title 49.</DELETED>
        <DELETED>    (9) Leverage.--The term ``leverage'' means a 
        financial structure used to increase State Infrastructure Bank 
        funds through debt issuance. A State Infrastructure Bank is 
        considered leveraged if its total potential liabilities exceed 
        its equity.</DELETED>
<DELETED>    (b) Pilot Program.--</DELETED>
        <DELETED>    (1) Cooperative agreements.--Subject to the 
        provisions of this section, the Secretary may enter into 
        cooperative agreements with up to five States, including States 
        that entered into cooperative agreements under section 1511 of 
        the Transportation Equity Act for the 21st Century, as amended, 
        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.</DELETED>
        <DELETED>    (2) Application.--To participate in the pilot 
        program, a State shall submit an application to the 
        Secretary.</DELETED>
        <DELETED>    (3) Selection criteria.--In evaluating 
        applications for participation in the pilot program, the 
        Secretary shall establish selection criteria that shall 
        include--</DELETED>
                <DELETED>    (A) the State's ability to provide non-
                Federal funds to capitalize the bank;</DELETED>
                <DELETED>    (B) the existence of State enabling 
                legislation that clearly allows for full State 
                Infrastructure Bank participation;</DELETED>
                <DELETED>    (C) the State's strategy for encouraging 
                non-Federal repayment sources from project 
                sponsors;</DELETED>
                <DELETED>    (D) the amount of Federal funds the State 
                will commit to the State Infrastructure Bank as a 
                percentage of its Federal-aid apportionments;</DELETED>
                <DELETED>    (E) the State's eligibility under section 
                1511 of the Transportation Equity Act for the 21st 
                Century, as amended; and</DELETED>
                <DELETED>    (F) the State's past experience with a 
                State Infrastructure Bank, including the program 
                established under section 1511 of the Transportation 
                Equity Act for the 21st Century, as amended, or 
                comparable financing mechanisms.</DELETED>
        <DELETED>    (4) Termination of cooperative agreement.--If a 
        State that has been selected for this pilot program does not 
        fund its State Infrastructure Bank within 90 days after 
        execution of the cooperative agreement, the Secretary may 
        terminate the cooperative agreement and may select another 
        State to participate in the pilot program in accordance with 
        this subsection.</DELETED>
<DELETED>    (c) Interstate Compacts.--Congress grants consent to 2 or 
more of the States, entering into a cooperative agreement under 
subsection (b)(1) with the Secretary for the establishment of a multi-
state infrastructure bank, to enter into an interstate compact 
establishing such bank in accordance with this section.</DELETED>
<DELETED>    (d) Funding.--</DELETED>
        <DELETED>    (1) Highway account.--Subject to subsection (i), 
        the Secretary may permit a State entering into a cooperative 
        agreement under this section to contribute not to exceed--
        </DELETED>
                <DELETED>    (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, of title 23, United States Code, and</DELETED>
                <DELETED>    (B) 10 percent of the funds allocated to 
                the State for each of such fiscal years under section 
                105 of such title into the highway account of the 
                infrastructure bank established by the State. Federal 
                funds contributed to such account under this paragraph 
                shall constitute for purposes of this section a 
                capitalization grant for the highway account of the 
                infrastructure bank.</DELETED>
        <DELETED>    (2) Transit account.--Subject to subsection (i), 
        the Secretary may permit a State entering into a cooperative 
        agreement under this section, and any other Federal transit 
        grant recipient, to contribute not to exceed 10 percent of the 
        funds made available to the State or other Federal transit 
        grant recipient in each of fiscal years 2004 through 2009 for 
        capital projects under sections 5307, 5309, and 5311 of title 
        49, United States Code, into the transit account of the 
        infrastructure bank established by the State. Federal funds 
        contributed to such account under this paragraph shall 
        constitute for purposes of this section a capitalization grant 
        for the transit account of the infrastructure bank.</DELETED>
        <DELETED>    (3) Special rule for urbanized areas of over 
        200,000.--Funds that are attributed to urbanized areas of 
        States with urbanized populations of over 200,000 under section 
        133(d)(2) of title 23, as amended by this Act, 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.</DELETED>
        <DELETED>    (4) Discontinuance of funding.--If the Secretary 
        determines that a State is not implementing the State 
        Infrastructure Bank in accordance with the cooperative 
        agreement, the Secretary may prohibit a State from contributing 
        additional Federal funds to its State Infrastructure 
        Bank.</DELETED>
<DELETED>    (e) Forms of Assistance From Infrastructure Banks.--An 
infrastructure bank established under this section may make loans or 
provide other credit assistance to a public or private entity in an 
amount equal to all or part of the cost of carrying out a project 
eligible for assistance under this section. The amount of any loan or 
other credit assistance provided for such project may be subordinated 
to any other debt financing for the project. Initial assistance 
provided with respect to a project from Federal funds contributed to an 
infrastructure bank under this section may not be made in the form of a 
grant</DELETED>
<DELETED>    (f) Qualifying Projects.--Subject to paragraph (e), funds 
in an infrastructure bank established under this section may be used 
only to provide assistance with respect to projects eligible for 
assistance under title 23, United States Code, for capital projects (as 
defined in section 5302 of title 49, United States Code), or for any 
other project related to surface transportation that the Secretary 
determines to be appropriate.</DELETED>
<DELETED>    (g) Infrastructure Bank Requirements.--In order to 
establish an infrastructure bank under this section, each State 
establishing the bank shall--</DELETED>
        <DELETED>    (1) contribute, 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 contributed to the bank, except that if the contribution is 
        into the highway account of the bank and the State has a lower 
        non-Federal share under section 120(d) of title 23, as amended 
        by this Act, such percentage shall be adjusted by the Secretary 
        to correspond with such lower non-Federal share. The non-
        Federal share must be in the form of cash;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) ensure that investment income generated by 
        funds contributed to an account of the bank will be--</DELETED>
                <DELETED>    (A) credited to the account;</DELETED>
                <DELETED>    (B) available for use in providing loans 
                and other assistance to projects eligible for 
                assistance from the account; and</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (4) ensure that any loan from the bank will bear 
        interest at or below market interest rates, as determined by 
        the State, to make feasible the project that is the subject of 
        the loan;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (6) ensure that the term for repaying any loan 
        will not exceed 30 years after the date of the first payment on 
        the loan under paragraph (5); and</DELETED>
        <DELETED>    (7) require the bank to make an annual report to 
        the Secretary on its status, and to make such other reports as 
        the Secretary may require by guidelines.</DELETED>
<DELETED>    (h) Secretarial Requirements.--In administering this 
section,the Secretary shall--</DELETED>
        <DELETED>    (1) issue guidelines to ensure that all 
        requirements of title 23, United States Code, or title 49, 
        United States Code, that would otherwise apply to funds made 
        available under such title and projects assisted with such 
        funds apply to--</DELETED>
                <DELETED>    (A) funds made available under such title 
                and contributed to an infrastructure bank established 
                under this section; and</DELETED>
                <DELETED>    (B) projects assisted by the bank through 
                the use of such funds; except to the extent that the 
                Secretary determines that any requirement of such title 
                (other than sections 113 and 114 of title 23 and 
                section 5333 of title 49), is not consistent with the 
                objectives of this section; and</DELETED>
        <DELETED>    (2) specify procedures and guidelines for 
        establishing, operating, and providing assistance from the 
        bank.</DELETED>
<DELETED>    (i) Applicability of Federal Law to Repayments.--The 
requirements of title 23 and title 49, United States Code, shall apply 
to projects financed from repayments to an infrastructure bank from 
projects assisted by the bank. Such repayments shall be considered to 
be Federal funds for the purpose of this subsection.</DELETED>
<DELETED>    (j) United States Not Obligated.--The contribution 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.</DELETED>
<DELETED>    (k) Management of Federal Funds.--Sections 3335 and 6503 
of title 31, United States Code, shall not apply to funds contributed 
under this section.</DELETED>
<DELETED>    (l) 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. This limitation shall not apply to non-Federal funds.</DELETED>

<DELETED>SEC. 1304. TRANSPORTATION INFRASTRUCTURE FINANCE AND 
              INNOVATION ACT (TIFIA) AMENDMENTS.</DELETED>

<DELETED>    (a) Definitions.--Section 181 of title 23, United States 
Code is amended--</DELETED>
        <DELETED>    (1) in paragraph (3), by striking ``category'' and 
        ``offered into the capital markets'';</DELETED>
        <DELETED>    (2) by striking paragraph (7) and redesignating 
        paragraphs (8) through (15) as paragraphs (7) through (14) 
        respectively;</DELETED>
        <DELETED>    (3) by amending paragraph (8)(D), as redesignated, 
        to read as follows--</DELETED>
                <DELETED>    ``(D) a public or private freight rail 
                facility; an intermodal freight transfer facility; 
                access to such facilities; and service improvements for 
                such facilities including capital investment for 
                Intelligent Transportation Systems; or a group of such 
                projects with the common objective of improving the 
                flow of goods, except that projects located within the 
                boundaries of port terminals shall only include the 
                transportation infrastructure modifications necessary 
                to facilitate direct intermodal access into and out of 
                such port. Such a project may involve the combining of 
                private and public sector funds, including investment 
                of public funds in private sector facility 
                improvements.''; and</DELETED>
        <DELETED>    (4) in paragraph (10), as redesignated, by 
        striking ``bond'' and inserting ``credit''.</DELETED>
<DELETED>    (b) Determination of Eligibility and Project Selection.--
Section 182 of such title is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking paragraphs (1) and (2) and 
                inserting the following:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.'';</DELETED>
                <DELETED>    (B) in paragraph (3)(A)(i), by striking 
                ``$100,000,000'' and inserting ``$50,000,000''; 
                and</DELETED>
                <DELETED>    (C) in paragraph (4), by striking 
                ``Project financing'' and inserting ``The Federal 
                credit instrument'' and by adding at the end of the 
                sentence ``that also secure the project obligations''; 
                and</DELETED>
        <DELETED>    (2) in subsection (b)(1), by striking ``criteria'' 
        after ``eligibility'' and inserting ``requirements'' and in 
        subsection (b)(2)(B) by inserting ``, which may be the Federal 
        credit instrument,'' after ``obligations''.</DELETED>
<DELETED>    (c) Secured Loans.--Section 183 of such title is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``of any project selected 
                under section 182.'' at the end of paragraph 
                (1);</DELETED>
                <DELETED>    (B) by inserting ``of any project selected 
                under section 182'' after ``costs'' in paragraphs 
                (1)(A) and (1)(B); and</DELETED>
                <DELETED>    (C) in paragraph (4), by striking 
                ``funding'' and inserting ``execution'' and by 
                inserting a period in place of the comma after 
                ``receiving an investment grade rating'' and striking 
                all that follows to the end of the paragraph;</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by inserting ``the lesser of'' after 
                ``exceed'' and ``or the amount of the senior project 
                obligations'' after ``costs'';</DELETED>
                <DELETED>    (B) by inserting ``that also secure the 
                senior project obligations'' in paragraph (3)(A)(i) 
                after ``sources''; and</DELETED>
                <DELETED>    (C) by striking ``marketable'' in 
                paragraph (4); and</DELETED>
        <DELETED>    (3) in subsection (c), by striking paragraph (3) 
        and redesignating paragraphs (4) and (5) as paragraphs (3) and 
        (4) respectively;</DELETED>
<DELETED>    (d) Lines of Credit.--Section 184 of such title is 
amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (3), by striking the 
                comma after ``interest'' and by striking ``any debt 
                service reserve fund, and any other available 
                reserve'', and by inserting ``but not including 
                reasonably required financing reserves'';</DELETED>
                <DELETED>    (B) in paragraph (4), by striking 
                ``marketable''; by striking ``on which'' after ``date'' 
                and inserting ``of execution of''; and by striking ``is 
                obligated'' after ``credit'' and inserting 
                ``agreement''; and</DELETED>
                <DELETED>    (C) in paragraph (5)(A)(i), by inserting 
                ``that also secure the senior project obligations'' 
                after ``sources''; and</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (2) by striking 
                ``scheduled'', by inserting ``be scheduled to'' after 
                ``shall'', and by striking ``be fully repaid, with 
                interest,'' and inserting ``to conclude, with full 
                repayment of principle and interest,''; and</DELETED>
                <DELETED>    (B) by striking paragraph (3).</DELETED>
<DELETED>    (e) Program Administration.--Section 185 of such title is 
amended to read as follows:</DELETED>
<DELETED>``Sec. 185. Program administration</DELETED>
<DELETED>    ``(a) Requirement.--The Secretary shall establish a 
uniform system to service the Federal credit instruments made available 
under this subchapter.</DELETED>
<DELETED>    ``(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 instruments.</DELETED>
<DELETED>    ``(c) Servicer.--The Secretary may identify a financial 
entity to assist the Secretary in servicing the Federal credit 
instruments. The servicer--</DELETED>
        <DELETED>    ``(1) shall act as the agent for the Secretary; 
        and</DELETED>
        <DELETED>    ``(2) shall receive a servicing fee, subject to 
        approval by the Secretary.</DELETED>
<DELETED>    ``(d) Assistance From Expert Firms.--The Secretary may 
retain the services of expert firms, including counsel, in the field of 
municipal and project finance to assist in the underwriting and 
servicing of Federal credit instruments.''.</DELETED>
<DELETED>    (f) Funding.--Section 188 of such title is amended to read 
as follows:</DELETED>
<DELETED>``Sec. 188. Funding</DELETED>
<DELETED>    ``(a) Funding.--</DELETED>
        <DELETED>    ``(1) In general.--There are authorized to be 
        appropriated from the Highway Trust Fund (other than the Mass 
        Transit Account) $130,000,000 for each of fiscal years 2004 
        through 2009 to carry out this subchapter.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Availability.--Amounts made available under 
        paragraph (1) shall remain available until expended.</DELETED>
<DELETED>    ``(b) Contract Authority.--</DELETED>
        <DELETED>    ``(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 
        investment.</DELETED>
        <DELETED>    ``(2) Availability.--Amounts authorized under this 
        section for a fiscal year shall be available for obligation on 
        October 1 of the fiscal year.</DELETED>
<DELETED>    ``(c) Limitations on Credit Amounts.--For each of fiscal 
years 2004 through 2009, principal amounts of Federal credit 
instruments made available shall be limited to 
$2,600,000,000.''.</DELETED>
<DELETED>    (g) Section 189 of such title is repealed.</DELETED>
<DELETED>    (h) Conforming Amendments.--The analysis of chapter 1 of 
title 23 is amended by--</DELETED>
        <DELETED>    (1) revising the item relating to section 185 to 
        read as follows:</DELETED>

<DELETED>``185.  Program administration.'';
        <DELETED>and</DELETED>
        <DELETED>    (2) striking the item relating to section 
        189.</DELETED>

<DELETED>SEC. 1305. INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL 
              FUEL TAX AGREEMENT FACILITATION.</DELETED>

<DELETED>    The Secretary may provide assistance to any State that is 
participating in the International Registration Plan and International 
Fuel Tax Agreement, as provided in sections 31704 and 31705 of title 
49, United States Code, and that serves as a base jurisdiction for 
motor carriers that are domiciled in Mexico, to help the State with 
administration needs resulting from serving as a base jurisdiction for 
motor carriers from Mexico.</DELETED>

<DELETED>SEC. 1306. COMMERCIALIZED REST AREA PILOT PROJECTS.</DELETED>

<DELETED>    (a) In General.--The Secretary shall permit the States to 
conduct pilot projects to acquire, construct, operate, convert, and 
maintain rest areas along Interstate highways in their States in 
accordance with subsection (b).</DELETED>
<DELETED>    (b) Commercial Operations.--</DELETED>
        <DELETED>    (1) Eligibility.--Notwithstanding section 111 of 
        title 23 United States Code, and the project agreements 
        required by section 111(a) and executed between the States and 
        the Federal Highway Administration, the Secretary shall permit 
        the rest areas in the pilot projects to include commercial 
        operations that provide goods, services, and information that 
        benefit the traveling public and the commercial motor carrier 
        industry, and as deemed appropriate by the States, including--
        </DELETED>
                <DELETED>    (A) commercial advertising and displays if 
                such advertising and media displays are--</DELETED>
                        <DELETED>    (i) exhibited solely within any 
                        facility constructed in the rest area; 
                        and</DELETED>
                        <DELETED>    (ii) not legible from the main 
                        traveled way;</DELETED>
                <DELETED>    (B) programs to provide commercial vehicle 
                operators with special services designed to enhance 
                motor carrier and highway safety; and</DELETED>
                <DELETED>    (C) State promotional or tourism-oriented 
                items.</DELETED>
        <DELETED>    (2) Private operators.--The States may permit such 
        commercial operations to be run by a private 
        operator.</DELETED>
<DELETED>    (c) Participation.--Participation in this pilot project is 
limited to those proposals submitted to the Secretary for approval 
during the one year period after the date of enactment of this 
Act.</DELETED>
<DELETED>    (d) Proposals.--</DELETED>
        <DELETED>    (1) The State proposals shall at a minimum--
        </DELETED>
                <DELETED>    (A) describe the types of goods, services 
                and information to be provided;</DELETED>
                <DELETED>    (B) demonstrate that the proposed 
                project(s) helps implement the strategies developed in 
                the ``Study of Adequacy of Parking Facilities'' 
                prepared pursuant to section 4027 of the Transportation 
                Equity Act for the 21st Century;</DELETED>
                <DELETED>    (C) contain a review and update of the 
                individual State action plans for addressing commercial 
                truck parking shortages; and</DELETED>
                <DELETED>    (D) prepare a plan for evaluating the 
                results of the pilot project(s) in that 
                State.</DELETED>
        <DELETED>    (2) The Secretary must determine that commercial 
        rest area projects being advanced under this pilot program will 
        meet all of the design standards applicable to rest areas on 
        the Interstate system.</DELETED>
<DELETED>    (e) Limitation on Use of Revenues.--Any revenues received 
by a State from the commercial operations in a rest area under this 
section that are in excess of amounts required for the proper operation 
and maintenance of the rest area shall be used by the State for 
projects eligible under title 23, United States Code.</DELETED>
<DELETED>    (f) Considerations.--The Secretary shall consider the 
benefit to the traveling public and the impact on local businesses in 
carrying out this section.</DELETED>
<DELETED>    (g) Vending Machines.--If vending machines are placed in a 
pilot project, the State shall give priority to vending machines 
operated through the State licensing agency designated under the 
Randolph-Sheppard Act.</DELETED>

<DELETED>SEC. 1307. HIGHWAY USE TAX EVASION PROJECTS.</DELETED>

<DELETED>    (a) Eligible Activities.--Section 143(b) of title 23, 
United States Code, is amended as follows:</DELETED>
        <DELETED>    (1) Intergovernmental enforcement efforts.--
        Paragraph (2) is amended by inserting a comma after 
        ``Secretary'' and adding ``except that 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''.</DELETED>
        <DELETED>    (2) Conditions on funds allocated to internal 
        revenue service.--Paragraph (3) is amended by inserting a comma 
        after ``subsection'' and adding ``except as otherwise provided 
        in this section''.</DELETED>
        <DELETED>    (3) Limitation on use of funds.--Paragraph (4) is 
        amended--</DELETED>
                <DELETED>    (A) by striking ``and'' at the end of 
                subparagraph (F);</DELETED>
                <DELETED>    (B) by striking the period at the end of 
                subparagraph (G) and inserting a semicolon; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(H) to support efforts between States 
                and tribes to address issues related to state motor 
                fuel taxes; and-</DELETED>
                <DELETED>    ``(I) to analyze and implement programs to 
                reduce tax evasion associated with foreign imported 
                fuel.''.</DELETED>
        <DELETED>    (4) Reports.--The following new paragraph is added 
        at the end:</DELETED>
        <DELETED>    ``(9) Reports.--The Internal Revenue Service and 
        States shall submit to the Secretary annual reports that 
        describe the projects, examinations, and criminal 
        investigations funded by and carried out under this section. 
        The reports must specify the annual yield estimated for each 
        project funded under this section.''.</DELETED>
<DELETED>    (b) Excise Fuel Reporting System.--Section 143(c) of such 
title is amended--</DELETED>
        <DELETED>    (1) in paragraph (1) by striking ``Not later than 
        August 1, 1998,'' and inserting ``Not later than 90 days after 
        enactment of the Safe, Accountable, Flexible, and Efficient 
        Transportation Equity Act of 2003,''; by striking 
        ``development'' and inserting ``completion, operation,''; by 
        striking ``an excise fuel reporting system'' and inserting 
        ``the excise summary terminal activity reporting system''; and 
        by striking ``(in this subsection referred to as the 
        ``system'')'';</DELETED>
        <DELETED>    (2) in paragraph (2)--</DELETED>
                <DELETED>    (A) by striking ``the system'' each place 
                it appears and inserting ``the excise summary terminal 
                activity reporting system'';</DELETED>
                <DELETED>    (B) in subparagraph (A), by striking 
                ``develop'' and inserting ``complete'';</DELETED>
                <DELETED>    (C) by striking ``and'' at the end of 
                subparagraph (B);</DELETED>
                <DELETED>    (D) by striking the period at the end of 
                subparagraph (C) and inserting ``; and''; and</DELETED>
                <DELETED>    (E) by adding at the end the following new 
                subparagraph:</DELETED>
                <DELETED>    ``(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 excise summary 
                terminal activity reporting system.''; and</DELETED>
        <DELETED>    (3) by amending paragraph (3) to read as 
        follows:</DELETED>
        <DELETED>    ``(3) Funding.--Of the amounts made available to 
        carry out this section for each of fiscal years 2004 through 
        2009, the Secretary shall make funds available to the Internal 
        Revenue Service to complete, operate, and maintain the excise 
        summary terminal activity reporting system in accordance with 
        this subsection.''.</DELETED>
<DELETED>    (c) Registration System and Electronic Database.--Section 
143 as amended by this Act is further amended by adding at the end the 
following new subsections:</DELETED>
<DELETED>    ``(d) Pipeline, Vessel, and Barge Registration System.--
</DELETED>
        <DELETED>    ``(1) In general.--Not later than 90 days after 
        enactment of the Safe, Accountable, Flexible, and Efficient 
        Transportation Equity Act of 2003, 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.</DELETED>
        <DELETED>    ``(2) Elements of memorandum of understanding.--
        The memorandum of understanding shall provide that--</DELETED>
                <DELETED>    ``(A) the Internal Revenue Service shall 
                develop and maintain the registration system through 
                contracts;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>     ``(C) the registration system shall be 
                under the control of the Internal Revenue Service; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Funding.--Of the amounts made available to 
        carry out this section for each of fiscal years 2004 through 
        2009, the Secretary shall make funds available to the Internal 
        Revenue Service 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.</DELETED>
<DELETED>    ``(e) Heavy Vehicle Use Tax Payment Database.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 90 days after 
        enactment of the Safe, Accountable, Flexible, and Efficient 
        Transportation Equity Act of 2003, 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.</DELETED>
        <DELETED>    ``(2) Elements of memorandum of understanding.--
        The memorandum of understanding shall provide that--</DELETED>
                <DELETED>    ``(A) the Internal Revenue Service shall 
                establish and maintain the electronic database through 
                contracts;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) the electronic database shall be 
                under the control of the Internal Revenue Service; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Funding.--Of the amounts made available to 
        carry out this section for each of fiscal years 2004 through 
        2009, the Secretary shall make funds available to the Internal 
        Revenue Service to establish, operate, and maintain an 
        electronic database of heavy vehicle highway use tax payments 
        in accordance with this subsection.</DELETED>
<DELETED>    ``(f) Reports.--By March 30 and September 30 of each year, 
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.''.</DELETED>
<DELETED>    (d) Allocations.--Of the amounts authorized to be 
appropriated under section 1101(a)(14) of this Act for Highway Use Tax 
Evasion Projects for each of fiscal years 2004 through 2009, $4,500,000 
shall be allocated to the States, and for fiscal year 2004, $20,050,000 
shall be allocated to the Internal Revenue Service, of which 
$10,500,000 shall be dedicated to the excise summary terminal activity 
reporting system, for each of fiscal years 2005 and 2006, $48,000,000 
shall be allocated to the Internal Revenue Service, of which $4,500,00 
shall be dedicated to the excise summary terminal activity reporting 
system, for fiscal year 2007, $38,000,000 shall be allocated to the 
Internal Revenue Service, of which $4,500,00 shall be dedicated to the 
excise summary terminal activity reporting system, and for each of 
fiscal years 2008 and 2009, $4,500,000 shall be allocated to the 
Internal Revenue Service, which shall be used for the excise summary 
terminal activity reporting system.</DELETED>

      <DELETED>Subtitle D--Program Efficiencies and Improvements--
                            Safety</DELETED>

<DELETED>SEC. 1401. NATIONAL HIGHWAY SAFETY GOAL; NATIONAL BLUE RIBBON 
              COMMISSION ON HIGHWAY SAFETY.</DELETED>

<DELETED>    (a) National Highway Safety Goal.--Section 101 of title 
23, United States Code, is amended by adding at the end the following 
new subsection:</DELETED>
<DELETED>    ``(f) It is hereby declared to be in the national interest 
that the number of deaths attributable to traffic accidents on 
America's highways be significantly reduced. To achieve this goal, a 
national initiative targeted at saving lives through improved 
engineering, education, enforcement, and emergency response in 
cooperation with new and existing State and local safety programs is 
hereby authorized.''.</DELETED>
<DELETED>    (b) National Blue Ribbon Commission on Highway Safety.--
</DELETED>
        <DELETED>    (1) Establishment.--The Secretary shall establish 
        a National Blue Ribbon Commission on Highway Safety 
        (hereinafter in this section referred to as ``the 
        Commission'').</DELETED>
        <DELETED>    (2) Membership.--</DELETED>
                <DELETED>    (A) Composition.--The Commission shall be 
                composed of 15 members as follows--</DELETED>
                        <DELETED>    (i) the Secretary or the 
                        Secretary's delegate;</DELETED>
                        <DELETED>    (ii) the Administrators of the 
                        Federal Highway Administration; the National 
                        Highway Traffic Safety Administration; the 
                        Federal Motor Carrier Safety Administration; 
                        and the Federal Railroad Administration, or the 
                        Administrators' delegates; and</DELETED>
                        <DELETED>    (iii) 10 members appointed by the 
                        Secretary from among individuals who represent 
                        the interests of States and political 
                        subdivisions of States, the safety community, 
                        public health, and State and local law 
                        enforcement agencies, and who have been 
                        nominated by the Committee on Environment and 
                        Public Works and the Committee on Commerce, 
                        Science and Transportation of the United States 
                        Senate and the Committee on Transportation and 
                        Infrastructure of the United States House of 
                        Representatives.</DELETED>
                <DELETED>    (B) Appointment.--The Secretary shall 
                select the individuals to be appointed under this 
                subsection on the basis of their knowledge, expertise, 
                or experience related to highway safety. Half of the 
                appointments shall be made from nominees submitted by 
                the Committee on Environment and Public Works and the 
                Committee on Commerce, Science and Transportation of 
                the Senate and the other half from the nominees 
                submitted by the Committee on Transportation and 
                Infrastructure of the House of Representatives. Each of 
                these committees shall nominate 20 individuals 
                qualified to serve on the Commission.</DELETED>
                <DELETED>    (C) Terms.--The term of each member of the 
                Commission shall be 6 years. Any vacancy shall be 
                filled in the manner the original appointment was made. 
                The vacancy does not affect the Commission's 
                powers.</DELETED>
        <DELETED>    (3) Function.--The Commission, to carry out the 
        direction of Congress, under section 101(f) of title 23, United 
        States Code as amended by this Act, that the number of deaths 
        attributable to traffic accidents on America's highways be 
        significantly reduced, shall--</DELETED>
                <DELETED>    (A) oversee a comprehensive study 
                evaluating the Nation's highway safety needs over the 
                next three decades in the areas of engineering, 
                education, enforcement, and emergency response and, 
                based on such study, make specific recommendations to 
                the Secretary for an achievable national goal for the 
                reduction of highway fatalities and for the funding 
                necessary to achieve such goal;</DELETED>
                <DELETED>    (B) assist in developing a national 
                consensus in support of such goal; and</DELETED>
                <DELETED>    (C) advise, consult with, and make 
                recommendations to, the Secretary to assist in 
                identifying specific measures for achieving the 
                national highway safety goal.</DELETED>
        <DELETED>    (4) Specific matters to be addressed.--The 
        national highway safety goal study conducted by the Commission 
        shall examine the roles of highway infrastructure, drivers, and 
        vehicles in fatalities on all public roads; identify high risk 
        areas and activities associated with the greatest numbers of 
        highway fatalities; examine the roles of various levels of 
        government agencies and non-governmental organizations in 
        reducing highway fatalities and recommend ways to strengthen 
        highway safety partnerships; and identify measures that will 
        save the most lives both long term and short term. The study 
        shall consider, among other things, the findings, conclusions, 
        and recommendations of highway safety studies and research 
        conducted by the Transportation Research Board, including 
        studies related to implementation of the American Association 
        of State Highway and Transportation Officials' Strategic 
        Highway Safety Plan.</DELETED>
        <DELETED>    (5) Reports to congress.--</DELETED>
                <DELETED>    (A) Initial report.--Not later than 
                September 30, 2006, the Commission shall transmit to 
                Congress an initial report on the results of the 
                national highway safety goal study, including 
                recommendations and such legislative recommendations as 
                the President judges necessary and expedient for an 
                achievable national goal for the reduction of highway 
                fatalities and for preliminary strategies to be 
                implemented to achieve such goal.</DELETED>
                <DELETED>    (B) Final report.--Not later than February 
                1, 2009, the Commission shall transmit to Congress a 
                final report on the results of the national highway 
                safety goal study, including recommendations and such 
                legislative recommendations as the President judges 
                necessary and expedient for a comprehensive plan with 
                specific strategies to achieve the fatality reduction 
                goal recommended in the initial report and for the 
                level of funding necessary to implement such fatality 
                reduction plan and strategies.</DELETED>
        <DELETED>    (6) Termination of commission.--The Commission 
        shall terminate on the 180th day following the date of 
        transmittal of the final report to Congress under paragraph 
        (5)(B) of this subsection. By the 180th day, all records and 
        papers of the Commission shall be delivered to the 
        Administrator of the General Services Administration for 
        deposit in the National Archives.</DELETED>
        <DELETED>    (7) Authorization of appropriations.--There 
are authorized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) up to $3,000,000 for fiscal year 2004, 
$1,000,000 for fiscal year 2005, $1,000,000 for fiscal year 2006, 
$1,000,000 for fiscal year 2007, $500,000 for fiscal year 2008, and 
$500,000 for fiscal year 2009 for the purposes of carrying out this 
subsection.</DELETED>
        <DELETED>    (8) 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 Federal share 
        of the cost of the study and the Commission under this section 
        shall be 100 percent, and such funds shall remain available 
        until expended.</DELETED>

<DELETED>SEC. 1402. HIGHWAY SAFETY IMPROVEMENT PROGRAM; FLEXIBILITY FOR 
              SAFETY INITIATIVES.</DELETED>

<DELETED>    (a) Establishment of Program.--Chapter 1 of title 23, 
United States Code, is amended by inserting the following new section 
after section 149:</DELETED>
<DELETED>``Sec. 150. Highway Safety Improvement Program</DELETED>
<DELETED>    ``(a) Establishment.--The Secretary shall establish and 
implement a highway safety improvement program in accordance with this 
section, in order to significantly reduce fatalities and serious 
injuries on the Nation's roadway system.</DELETED>
<DELETED>    ``(b) Program.--</DELETED>
        <DELETED>    ``(1) State responsibilities.--To receive funds 
        under this section, each State shall have a process in place 
        that identifies and analyzes highway safety problems and 
        opportunities and will produce a program of projects for 
        funding under this section based on this analysis. Such process 
        and program of projects shall be known as the Highway Safety 
        Improvement Program. The statewide program shall identify 
        hazardous locations, sections, and elements including roadside 
        obstacles, railway-highway crossing needs, and unmarked or 
        poorly marked roads that may constitute a danger to motorists, 
        bicyclists, pedestrians, and other highway users. States shall 
        also have crash data systems and the ability to perform safety 
        problem identification and countermeasure analysis.</DELETED>
        <DELETED>    ``(2) Program administration.--The Secretary shall 
        establish implementing guidelines for this program, which shall 
        include at a minimum the following components:</DELETED>
                <DELETED>    ``(A) Strategic approach to highway 
                safety.--Each State shall, as appropriate, adopt 
                strategic and performance-based goals for its Highway 
                Safety Improvement Program. This statewide program 
                shall address safety problems and opportunities on all 
                roadways within the State, focus resources on areas of 
                greatest need, and be complementary to the programs 
                developed in response to section 402 of this 
                title.</DELETED>
                <DELETED>    ``(B) Data improvement program.--Each 
                State shall, as appropriate, advance its capabilities 
                for traffic records data collection, analysis, and 
                integration with other sources of safety data such as 
                roadway inventories. Such a data improvement program 
                shall be complementary to the programs supported by 
                sections 402 and 412 of this title; include all public 
                roads; and contain provisions to identify hazardous 
                locations, sections, and elements on these public roads 
                that constitute a danger to motorists, bicyclists, and 
                pedestrians.</DELETED>
                <DELETED>    ``(C) Program of improvements.--Each State 
                shall determine priorities for the correction of 
                hazardous roadway locations, sections, and elements, 
                including railway-highway crossing improvements, as 
                identified through crash data analysis; identify 
                opportunities for preventing the development of such 
                hazardous conditions; and establish and implement a 
                schedule of safety improvement projects for hazard 
                correction and hazard prevention.</DELETED>
                <DELETED>    ``(D) Evaluation.--Each State shall, as 
                appropriate, establish an evaluation process to analyze 
                and assess results achieved by safety improvement 
                projects carried out in accordance with procedures and 
                criteria established by this section, and such 
                information shall be used in setting priorities for 
                safety improvement projects.</DELETED>
<DELETED>    ``(c) Reports.--Each State shall report to the Secretary 
on progress being made to implement safety improvement projects under 
this section and the effectiveness of such improvements. The Secretary 
shall establish the content and schedule for such reports.</DELETED>
<DELETED>    ``(d) Eligible Projects.--</DELETED>
        <DELETED>    ``(1) In general.--A State may obligate funds 
        apportioned to it under this section for any safety improvement 
        project on any public road or publicly-owned bicycle or 
        pedestrian pathway or trail.</DELETED>
        <DELETED>    ``(2) Safety improvement project.--For purposes of 
        this section the term `safety improvement project' means a 
        project that corrects or improves a hazardous roadway location 
        or feature, or proactively addresses highway safety problems, 
        including: intersection improvements, pavement and shoulder 
        widening, installation of rumble strips and other warning 
        devices, improving skid resistance, improvements for pedestrian 
        or bicyclist safety, railway-highway crossing safety, traffic 
        calming, elimination of roadside obstacles, improving highway 
        signage and pavement marking, installing priority control 
        systems for emergency vehicles at signalized intersections, 
        installing traffic control or warning devices at locations with 
        high accident potential, safety conscious planning, and 
        improving crash data collection and analysis.</DELETED>
<DELETED>    ``(e) Funding.--Sums authorized to be appropriated to 
carry out this section shall be apportioned in accordance with section 
104(b)(5).</DELETED>
<DELETED>    ``(f) Federal Share.--The Federal share payable on account 
of any project carried out under this section shall be 90 percent of 
the cost thereof.</DELETED>
<DELETED>    ``(g) Use of Funds.--Beginning in fiscal year 2005 and for 
each fiscal year thereafter, 10 percent of the funds available to a 
State to carry out the highway safety improvement program established 
in accordance with this section shall be obligated for projects under 
section 402 of this title, unless by October 1 of the fiscal year in 
which funds become available to a State the State has enacted a primary 
safety belt law or the State demonstrates that the safety belt use rate 
in that State meets or exceeds 90 percent. A State subject to the 
provisions of this subsection must have in place or adopt a strategic 
highway safety plan in accordance with section 151 of this title. 
Activities funded under this subsection shall be consistent with such a 
plan.</DELETED>
<DELETED>    ``(h) Use of Other Funding for Safety.--Nothing in this 
section shall be interpreted to prohibit the use of funds made 
available under other sections of this title for highway safety 
improvement projects, and States are to be encouraged to address the 
full scope of their safety needs and opportunities by using other funds 
unless provisions exist that prohibit such use.''.</DELETED>
<DELETED>    (b) Apportionment of Highway Safety Improvement Program 
Funds.--Section 104 of such title is amended--</DELETED>
        <DELETED>    (1) by inserting in subsection (a) ``the Highway 
        Safety Improvement Program under section 150,'' after ``section 
        204,'';</DELETED>
        <DELETED>    (2) by inserting in subsection (b) ``the Highway 
        Safety Improvement Program,'' after ``Improvement Program,''; 
        and</DELETED>
        <DELETED>    (3) by adding at the end of subsection (b) the 
        following new paragraph:</DELETED>
        <DELETED>    ``(5) Highway safety improvement program.--
        </DELETED>
                <DELETED>    ``(A) In general.--For the Highway Safety 
                Improvement Program, in accordance with the following 
                formula:</DELETED>
                        <DELETED>    ``(i) 25 percent of the 
                        apportionments in the ratio that--</DELETED>
                                <DELETED>    ``(I) the total lane miles 
                                of Federal-aid highways in each State; 
                                bears to</DELETED>
                                <DELETED>    ``(II) the total lane 
                                miles of Federal-aid highways in all 
                                States.</DELETED>
                        <DELETED>    ``(ii) 40 percent of the 
                        apportionments in the ratio that--</DELETED>
                                <DELETED>    ``(I) the total vehicle 
                                miles traveled on lanes on Federal-aid 
                                highways in each State; bears 
                                to</DELETED>
                                <DELETED>    ``(II) the total vehicle 
                                miles traveled on lanes on Federal-aid 
                                highways in all States.</DELETED>
                        <DELETED>    ``(iii) 35 percent of the 
                        apportionments in the ratio that--</DELETED>
                                <DELETED>    ``(I) the 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 are available; bears 
                                to</DELETED>
                                <DELETED>    ``(II) the estimated tax 
                                payments attributable to highway users 
                                in all States paid into the Highway 
                                Trust Fund (other than the Mass Transit 
                                Account) in the latest fiscal year for 
                                which data are available.</DELETED>
                <DELETED>    ``(B) Minimum apportionment.--
                Notwithstanding subparagraph (A), each State shall 
                receive a minimum of </DELETED>\<DELETED>1/2</DELETED>\ 
                <DELETED>of 1 percent of the funds apportioned under 
                this paragraph.''.</DELETED>
<DELETED>    (c) Flexibility for Safety Initiatives.--Chapter 1 of such 
title, as amended by this Act, is further amended--</DELETED>
        <DELETED>    (1) by repealing section 152;</DELETED>
        <DELETED>    (2) by redesignating section 151 as section 152; 
        and</DELETED>
        <DELETED>    (3) by inserting the following new section 151 
        after section 150:</DELETED>
<DELETED>``Sec. 151. Flexibility for safety initiatives</DELETED>
<DELETED>    ``(a) In General.--As provided in this section, a State 
that develops and implements a strategic highway safety plan and 
comprehensive safety planning process shall have the flexibility to use 
funds available under section 150 of this title, the Highway Safety 
Improvement Program, for title 23 safety purposes not otherwise 
eligible under such section, including funding for public awareness, 
education, and enforcement.</DELETED>
<DELETED>    ``(b) Strategic Highway Safety Plan.--To qualify for 
flexible safety funding as provided under this section, the State 
strategic highway safety plan must--</DELETED>
        <DELETED>    ``(1) be based on a collaborative process that 
        includes the State Department of Transportation, the Governor's 
        Representative for Highway Safety, persons responsible for 
        administering section 130 of this title at the State level, and 
        other major State and local safety stakeholders, including 
        Operation Lifesaver;</DELETED>
        <DELETED>    ``(2) address engineering, education, enforcement, 
        and emergency services elements of highway safety;</DELETED>
        <DELETED>    ``(3) consider the results of existing State 
        transportation and highway safety planning processes; 
        and</DELETED>
        <DELETED>    ``(4) be certified by the Secretary, in 
        consultation with the Federal Highway Administration and the 
        National Highway Traffic Safety Administration, as based on a 
        comprehensive, collaborative process, and effective analyses of 
        State crash data.</DELETED>
<DELETED>    ``(c) Safety Activities Consistent With Plan.--To qualify 
for the flexible use of funds available under sections 150 and 402(k) 
in accordance with this section, activities must be consistent with the 
State strategic highway safety plan.</DELETED>
<DELETED>    ``(d) Other Transportation and Highway Safety Plans.--
Nothing in this section shall require a State to revise existing State 
processes, plans, or programs.</DELETED>
<DELETED>    ``(e) Flexible Funding.--A State that receives funds under 
section 150 shall use such funds for projects eligible under such 
section, except that up to 50 percent of such funds may be used for 
activities eligible for assistance under section 402 of this title that 
are consistent with the State's strategic highway safety plan and not 
otherwise eligible for assistance under section 150.''.</DELETED>
<DELETED>    (d) Elimination of Surface Transportation Program Set-
Aside.--Section 133(d) of such title is amended by striking paragraph 
(1) and by redesignating paragraphs (2) through (5) as paragraphs (1) 
through (4), respectively.</DELETED>
<DELETED>    (e) Conforming Amendments.--</DELETED>
        <DELETED>    (1) The analysis for chapter 1 of such title is 
        amended--</DELETED>
                <DELETED>    (A) by striking the item relating to 
                section 152;</DELETED>
                <DELETED>    (B) by renumbering ``151. National bridge 
                inspection program.'' as ``152''; and</DELETED>
                <DELETED>    (C) by inserting after the item relating 
                to section 149 the following:</DELETED>

<DELETED>``150. Highway Safety Improvement Program.
<DELETED>``151. Flexibility for safety initiatives.''.
        <DELETED>    (2) Section 130 of such title is amended--
        </DELETED>
                <DELETED>    (A) by striking subsections (e) and (f) 
                and redesignating subsections (g) through (j) as (e) 
                through (h), respectively; and</DELETED>
                <DELETED>    (B) in subsection (f), as redesignated by 
                this Act, by striking ``authorized to be appropriated 
                to carry out this section'' and inserting ``made 
available as provided under section 150 of this title to carry out this 
section''.</DELETED>
        <DELETED>    (3) Section 154(c)(3) of such title is amended by 
        striking ``152'' and inserting ``150''.</DELETED>
        <DELETED>    (4) Section 164(b)(3) of such title is amended by 
        striking ``152'' and inserting ``150''.</DELETED>
        <DELETED>    (5) Section 409 of such title is amended by 
        striking ``152'' and inserting ``150''.</DELETED>

<DELETED>SEC. 1403. OPERATION LIFESAVER.</DELETED>

<DELETED>    Section 104(d)(1) of title 23, United States Code, is 
amended by striking ``$500,000'' and inserting ``$600,000''.</DELETED>

<DELETED>SEC. 1404. HIGHWAY SAFETY PROGRAMS; CERTIFICATION OF PUBLIC 
              ROAD MILEAGE.</DELETED>

<DELETED>    Section 402(c) of title 23, United States Code, is amended 
by striking in the fifth sentence ``the Governor of''.</DELETED>

      <DELETED>Subtitle E--Program Efficiencies and Improvements--
                           Planning</DELETED>

<DELETED>SEC. 1501. METROPOLITAN PLANNING.</DELETED>

<DELETED>    Section 134 of title 23, United States Code, is amended by 
striking subsections (a) through (o) and inserting the 
following:</DELETED>
<DELETED>    ``Metropolitan planning shall be carried out in accordance 
with section 5203 of title 49, United States Code.''.</DELETED>

<DELETED>SEC. 1502. STATEWIDE PLANNING.</DELETED>

<DELETED>    Section 135 of title 23, United States Code, is amended by 
striking subsections (a) through (i) and inserting the 
following:</DELETED>
<DELETED>    ``Statewide planning shall be carried out in accordance 
with section 5204 of title 49, United States Code.''.</DELETED>

<DELETED>SEC. 1503. STATE PLANNING AND RESEARCH.</DELETED>

<DELETED>    (a) State Planning and Research.--Chapter 5 of title 23, 
United States Code, is amended by striking section 505.</DELETED>
<DELETED>    (b) Conforming Amendment.--The analysis for chapter 5 of 
such title is amended by striking the item related to section 
505.</DELETED>
<DELETED>    (c) Apportionment.--Section 104 of title 23, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (i), (j), (k), 
        and (l) as subsections (k), (l), (m), and (n), respectively; 
        and</DELETED>
        <DELETED>    (2) by inserting after subsection (h) the 
        following:</DELETED>
<DELETED>    ``(i) State Planning and Research.--</DELETED>
        <DELETED>    ``(1) In general.--Two and </DELETED>\<DELETED>1/
        2</DELETED>\ <DELETED>percent of the sums apportioned to a 
        State for each fiscal year under this section (other than 
        subsections (f) and (h)) and under sections 105 and 144 of this 
        title shall be available for expenditure by the State, in 
        consultation with the Secretary, only for the following 
        purposes:</DELETED>
                <DELETED>    ``(A) Engineering and economic surveys and 
                investigations.</DELETED>
                <DELETED>    ``(B) The planning of future highway and 
                local public transportation systems, the planning of 
                the financing of such systems, and metropolitan and 
                statewide planning under sections 134 and 135 of this 
                title, including freight planning, safety planning, 
                transportation systems management and operations 
                planning, transportation-related land use planning, and 
                transportation-related growth management activities 
                within these planning processes and planning capacity 
                building activities described in section 104(j) of this 
                title.</DELETED>
                <DELETED>    ``(C) Development and implementation of 
                infrastructure management and traffic monitoring 
                systems under section 303 of this title and for asset 
                management activities.</DELETED>
                <DELETED>    ``(D) Studies of the economy, safety, and 
                convenience of highway and local public transportation 
                systems and the desirable regulation and equitable 
                taxation of their use.</DELETED>
                <DELETED>    ``(E) Research, development, and 
                technology transfer activities necessary in connection 
                with the planning, design, construction, management, 
                maintenance, regulation, and taxation of the use of 
                highway, local public transportation, and intermodal 
                transportation systems.</DELETED>
                <DELETED>    ``(F) Study, research, and training on the 
                engineering standards and construction materials, 
                including accreditation of inspection and testing, for 
                highway, local public transportation, and intermodal 
                transportation systems.</DELETED>
        <DELETED>    ``(2) Minimum expenditures on research, 
        development, and technology transfer activities.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (B), not less than 20 percent of the funds subject to 
                paragraph (1) for a fiscal year shall be expended by 
                the State for research, development, and technology 
                transfer activities described in paragraph (1), 
                relating to highway, local public transportation, and 
                intermodal transportation systems.</DELETED>
                <DELETED>    ``(B) Waivers.--The Secretary may waive 
                the application of subparagraph (A) with respect to a 
                State for a fiscal year if the State certifies to the 
                Secretary for the fiscal year that the funds described 
                in subparagraph (A) are not needed for research, 
                development, and technology transfer and the Secretary 
                accepts such certification.</DELETED>
                <DELETED>    ``(C) Nonapplicability of assessment.--
                Funds expended under subparagraph (A) shall not be 
                considered to be part of the extramural budget of the 
                agency for the purpose of section 9 of the Small 
                Business Act (15 U.S.C. 638).</DELETED>
        <DELETED>    ``(3) Minimum expenditures for improving the 
        quality of collection and reporting of strategic surface 
        transportation data.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (B), not less than 20 percent of the funds subject to 
                paragraph (1) for a fiscal year shall be expended by 
                the State to improve the collection and reporting of 
                strategic surface transportation data to provide 
                critical information about the extent, condition, use, 
                performance, and financing of the Nation's highways 
                (including intermodal connectors) for passenger and 
                freight movement.</DELETED>
                <DELETED>    ``(B) Waivers.--The Secretary may waive 
                the application of subparagraph (A) with respect to a 
                State for a fiscal year if the State certifies to the 
                Secretary for the fiscal year that the State is 
                collecting and reporting strategic data consistent with 
quality assurance guidelines developed cooperatively with the States 
and the Secretary approves such certification. If such waiver is 
approved, the funds may be used for the activities described in 
paragraph (1) of this subsection.</DELETED>
        <DELETED>    ``(4) Federal share.--The Federal share of the 
        cost of a project carried out using funds subject to paragraph 
        (1) shall be matched in accordance with section 120(b) unless 
        the Secretary determines that the interests of the Federal-aid 
        highway program would be best served without such 
        matching.</DELETED>
        <DELETED>    ``(5) Administration of sums.--Funds subject to 
        paragraph (1) shall be combined and administered by the 
        Secretary as a single fund and shall be available for 
        obligation for the same period as funds apportioned under 
        section 104(b)(1).''.</DELETED>

<DELETED>SEC. 1504. CRITICAL REAL PROPERTY ACQUISITION.</DELETED>

<DELETED>    Section 108 of title 23, United States Code, is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(d) Critical Real Property Acquisition.--</DELETED>
        <DELETED>    ``(1) Subject to paragraph (2), funds apportioned 
        to a State under this title may be used to participate in the 
        payment of costs incurred in the acquisition of real property 
        that is deemed critical, as determined under paragraph (2), for 
        any project proposed for funding under this title, prior to the 
        completion of any required environmental reviews for property 
        acquisition.</DELETED>
        <DELETED>    ``(2) The Federal share payable of the costs 
        described in paragraph (1) shall be eligible for reimbursement 
        out of funds apportioned to a State under this title if, prior 
        to acquisition, the State demonstrates to the Secretary, and 
        the Secretary determines, that the property is offered for sale 
        on the open market, that the State will comply fully with the 
        Uniform Relocation Assistance and Real Property Acquisition 
        Policies Act in acquiring the property, and that immediate 
        acquisition of the property is critical because either--
        </DELETED>
                <DELETED>    ``(A) normal appraisal techniques show 
                that the property's value is increasing 
                significantly;</DELETED>
                <DELETED>    ``(B) there is an imminent threat of 
                development or redevelopment of the property; 
                or</DELETED>
                <DELETED>    ``(C) the property is necessary for the 
                implementation of the goals as stated in the project 
                proposal.</DELETED>
        <DELETED>    ``(3) An acquisition undertaken pursuant to this 
        section shall be considered to be an exempt project under 
        section 176 of the Clean Air Act and its implementing 
        regulations.</DELETED>
        <DELETED>    ``(4) No project development activity may be 
        undertaken on property acquired in accordance with paragraph 
        (2) until any required environmental reviews for the project 
        have been completed.</DELETED>
        <DELETED>    ``(5) The number of critical acquisitions 
        associated with a project shall be limited and shall not affect 
        the consideration of project alternatives during the 
        environmental review process.</DELETED>
        <DELETED>    ``(6) Section 156 (c) of this title shall not 
        apply to the sale, use or lease of any property acquired in 
        accordance with paragraph (2).''.</DELETED>

<DELETED>SEC. 1505. PLANNING CAPACITY BUILDING INITIATIVE.</DELETED>

<DELETED>    Section 104 of title 23, United States Code, is amended by 
inserting after subsection (i), as added by this Act, the 
following:</DELETED>
<DELETED>    ``(j) Planning Capacity Building Initiative.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall establish a 
        planning capacity building initiative to support enhancements 
        in transportation planning, in order to--</DELETED>
                <DELETED>    ``(A) strengthen metropolitan and 
                statewide transportation planning under chapter 52 of 
                title 49;</DELETED>
                <DELETED>    ``(B) enhance tribal capacity to conduct 
                joint transportation planning under Chapter 2 of this 
                title; and</DELETED>
                <DELETED>    ``(C) participate in the metropolitan and 
                statewide transportation planning programs under 
                chapter 52 of title 49.</DELETED>
        <DELETED>    ``(2) Priority.--The Secretary shall give priority 
        to planning practices and processes that support homeland 
        security planning, performance based planning, safety planning, 
        operations planning, freight planning, and integration of 
        environment and planning.</DELETED>
        <DELETED>    ``(3) Use of funds.--Funds authorized for this 
        program may be used for research, program development, 
        information collection and dissemination, and technical 
        assistance. The Secretary may use these 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.</DELETED>
        <DELETED>    ``(4) Set-aside.--On October 1 of each fiscal 
        year, the Secretary, after making the deductions authorized by 
        subsections (a) and (f) of section 104 of this title, shall set 
        aside $20,000,000 of the remaining funds authorized for the 
        Surface Transportation Program to carry out the requirements of 
        this subsection.</DELETED>
        <DELETED>    ``(5) Federal share.--The Federal share of the 
        cost of an activity carried out using such funds shall be up to 
        100 percent, and such funds shall remain available until 
        expended.</DELETED>
        <DELETED>    ``(6) Administration.--This initiative shall be 
        administered by the Federal Highway Administration in 
        cooperation with the Federal Transit 
        Administration.''.</DELETED>

      <DELETED>Subtitle F--Program Efficiencies and Improvements--
                         Environment</DELETED>

<DELETED>SEC. 1601. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
              PROGRAM.</DELETED>

<DELETED>    (a) Eligible Projects.--Section 149(b) of title 23, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) in the first paragraph, by inserting ``and, 
        the project or program will reduce emissions to contribute to 
        the attainment or maintenance of the National Ambient Air 
        Quality Standard for which the area is or was designated 
        nonattainment,'' after ``December 31, 1997,'';</DELETED>
        <DELETED>    (2) in subsection (1)(A), by striking ``(other 
        than clause (xvi) of such section)'';</DELETED>
        <DELETED>    (3) in paragraph (1)(A)(ii), by inserting ``by 
        providing new or enhanced transportation facilities or services 
        to further reduce emissions'' after ``area'';</DELETED>
        <DELETED>    (4) in paragraph (1)(B), by inserting ``or'' at 
        the end after ``section;'';</DELETED>
        <DELETED>    (5) in paragraph (2), by inserting ``or program'' 
        after ``and the project'', and by striking ``have air quality 
        benefits;'' and inserting ``reduce emissions; or'';</DELETED>
        <DELETED>    (6) in paragraph (3), by--</DELETED>
                <DELETED>    ``(A) inserting ``if'' after 
                ``(3)'';</DELETED>
                <DELETED>    ``(B) striking ``contribute to the 
                attainment of a national ambient air quality standard'' 
                and inserting ``reduce emissions'';</DELETED>
                <DELETED>    ``(C) striking the comma after 
                ``traveled'' and inserting ``or''; and</DELETED>
                <DELETED>    ``(D) inserting ``through technological 
                improvements such as anti-idling equipment and diesel 
                retrofits for trucks, school buses, transit buses and 
                other vehicles'' after ``consumption,'';</DELETED>
        <DELETED>    (7) in paragraph (4), by inserting ``if the 
        project or program is'' after ``(4)'', and by striking 
        ``contribute to the attainment of a national ambient air 
        quality standard'' and inserting ``reduce 
        emissions'';</DELETED>
        <DELETED>    (8) in paragraph (5), by striking ``that are 
        eligible for assistance under this section on the day before 
        the date of enactment of this paragraph'' and inserting ``that 
        will reduce emissions''; and</DELETED>
        <DELETED>    (9) in the final unnumbered paragraph, by striking 
        the second sentence.</DELETED>
<DELETED>    (b) States Receiving Minimum Apportionment.--Section 
149(c) of such title is amended in paragraphs (1) and (2) by inserting 
``OR MAINTENANCE'' after ``NONATTAINMENT'' in the heading of each 
paragraph.</DELETED>
<DELETED>    (c) Selection of Projects.--Section 149 of such title is 
amended by adding at the end the following new paragraph:</DELETED>
<DELETED>    ``(f) Interagency Consultation.--The Secretary shall 
encourage States and metropolitan planning organizations to consult 
with State and local air quality agencies in nonattainment and 
maintenance areas on the estimated emissions reductions from proposed 
congestion mitigation and air quality improvement programs and 
projects.''.</DELETED>
<DELETED>    (d) Evaluation and Assessment of Projects.--Section 149 of 
such title is amended by adding at the end the following new 
paragraph:</DELETED>
<DELETED>    ``(g) Evaluation and Assessment of Projects.--</DELETED>
        <DELETED>    ``(1) Evaluation and assessment.--The Secretary, 
        in consultation with the Administrator of the Environmental 
        Protection Agency, shall evaluate and assess a representative 
        sample of projects funded under the Congestion Mitigation and 
        Air Quality Improvement Program for their actual impact on 
        emissions, and congestion levels and to assure effective 
        program implementation. Using appropriate assessments of CMAQ-
        funded projects, and results from other research, the Secretary 
        shall maintain a cumulative database on these impacts for broad 
        dissemination.</DELETED>
        <DELETED>    ``(2) Funding.--Funds set aside under section 
        104(o) of this title shall be available to carry out this 
        subsection.''.</DELETED>
<DELETED>    (e) Funding for Evaluation and Assessment of Projects.--
Section 104 of such title is amended by adding at the end the following 
new subsection:</DELETED>
<DELETED>    ``(o) Congestion Mitigation and Air Quality Improvement 
Program Evaluation and Assessment of Projects.--Before making 
apportionments under subsection (b)(2) of this section for a fiscal 
year, the Secretary shall deduct 0.5 percent from the amount to be 
apportioned for such fiscal year for the purpose of carrying out the 
requirements of section 149(g) of this title.''.</DELETED>
<DELETED>    (f) Apportionments.--Section 104(b) of such title 23 is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (2)(B), by striking ``or'' after 
        ``ozone'' and inserting a comma, and by inserting ``, or fine 
        particulate matter (PM-2.5)'' after ``carbon 
        monoxide'';</DELETED>
        <DELETED>    (2) by amending paragraph (2)(B)(i) to read as 
        follows:</DELETED>
                        <DELETED>    ``(i) 1.0 if at the time of the 
                        apportionment, the area is a maintenance 
                        area;'';</DELETED>
        <DELETED>    (3) in paragraph (2)(B)(vi), by striking ``or'' 
        after the semicolon;</DELETED>
        <DELETED>    (4) in paragraph (2)(B)(vii), by inserting ``for 
        ozone'' after ``maintenance area'', and striking ``for ozone'' 
        after ``section 149(b)'' and inserting ``or for PM-
        2.5'';</DELETED>
        <DELETED>    (5) by adding at the end of paragraph (2)(B) two 
        new clauses to read as follows:</DELETED>
                        <DELETED>    ``(viii) 1.0 if, at the time of 
                        apportionment, any county, not designated as a 
                        nonattainment or maintenance area under the 1-
                        hour ozone standard, is designated as 
                        nonattainment under the 8-hour ozone standard; 
                        or</DELETED>
                        <DELETED>    ``(ix) 1.2 if, at the time of 
                        apportionment, the area is not a nonattainment 
                        or maintenance area as described in section 
                        149(b) for ozone or carbon monoxide, but is an 
                        area designated nonattainment under the PM-2.5 
                        standard.'';</DELETED>
        <DELETED>    (6) by amending paragraph (2)(C) to read as 
        follows:</DELETED>
                <DELETED>    ``(C) Additional adjustment for carbon 
                monoxide areas.--If, in addition to being designated as 
                a nonattainment or maintenance area for ozone as 
                described in section 149(b), any county within the area 
                was also classified under subpart 3 of part D of title 
                I of such Act (42 U.S.C. 7512 et seq.) as a 
                nonattainment or maintenance area described in section 
                149(b) for carbon monoxide, the weighted nonattainment 
                or maintenance area population of the county, as 
                determined under clauses (i) through (vi) of 
                subparagraph (B), shall be further multiplied by a 
                factor of 1.2.''; and</DELETED>
        <DELETED>    (7) by redesignating paragraphs (2)(D) and (2)(E) 
        as (2)(E) and (2)(F) and inserting after paragraph (2)(C) a new 
        paragraph (2)(D) to read as follows:</DELETED>
                <DELETED>    ``(D) Additional adjustment for pm 2.5 
                areas.--If, in addition to being designated as a 
                nonattainment or maintenance area for ozone, carbon 
                monoxide or both as described in section 149(b), any 
                county within the area was also designated under the 
                PM-2.5 standard as a nonattainment or maintenance area, 
                the weighted nonattainment or maintenance area 
                population of those counties shall be further 
                multiplied by a factor of 1.2.''.</DELETED>

<DELETED>SEC. 1602. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 
              DECISIONMAKING.</DELETED>

<DELETED>    (a) Policy and Purpose.--</DELETED>
        <DELETED>    (1) Policy.--The Enlibra principles, as initially 
        developed by the Western Governors Association and adopted by 
        the National Governors Association, represent a sound basis for 
        interaction among the Federal, State, local governments, and 
        tribes on environmental matters and should be followed to the 
        maximum extent practicable in the development of highway 
        construction and public transit improvements. These principles 
        are:</DELETED>
                <DELETED>    (A) Assign responsibilities at the right 
                level.</DELETED>
                <DELETED>    (B) Use collaborative processes to break 
                down barriers and find solutions.</DELETED>
                <DELETED>    (C) Move to a performance-based 
                system.</DELETED>
                <DELETED>    (D) Separate subjective choices from 
                objective data gathering.</DELETED>
                <DELETED>    (E) Pursue economic incentives whenever 
                appropriate.</DELETED>
                <DELETED>    (F) Ensure environmental 
                understanding.</DELETED>
                <DELETED>    (G) Make sure environmental decisions are 
                fully informed.</DELETED>
                <DELETED>    (H) Use appropriate geographic boundaries 
                for environmental problems.</DELETED>
        <DELETED>    (2) Purpose.--The purpose of this section is to 
        reduce delays in the delivery of highway construction and 
        public transit projects arising from the environmental review 
        process, while continuing to ensure the protection of the human 
        and natural environment.</DELETED>
<DELETED>    (b) Coordinated Environmental Review Process.--</DELETED>
        <DELETED>    (1) Development and implementation.--The Secretary 
        shall develop and implement a coordinated environmental review 
        process for highway construction and public transit projects 
        that require--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) the conduct of any other environmental 
                review or analysis, rendering of an opinion, or 
                issuance of an environmental permit, license, or 
                approval under Federal law.</DELETED>
        <DELETED>    (2) Memorandum of understanding.--</DELETED>
                <DELETED>    (A) In general.--The coordinated 
                environmental review process may be specified for a 
                particular project, class of projects, or program and 
                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, class of projects, 
                or program may be incorporated into a memorandum of 
                understanding between the Department of Transportation 
                and affected Federal agencies (and, where appropriate, 
                State and local agencies and federally recognized 
                tribes).</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (c) 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:</DELETED>
        <DELETED>    (1) Federal agency identification.--The Secretary 
        shall, at the earliest possible time, identify all potential 
        Federal agencies that--</DELETED>
                <DELETED>    (A) have jurisdiction by law over or 
                special expertise related to 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</DELETED>
                <DELETED>    (B) may be required by Federal law to 
                independently--</DELETED>
                        <DELETED>    (i) conduct an environmental-
                        related review or analysis for the 
                        project;</DELETED>
                        <DELETED>    (ii) determine whether to issue a 
                        permit, license, or approval for the project; 
                        or</DELETED>
                        <DELETED>    (iii) render an opinion on the 
                        environmental impact of the project.</DELETED>
        <DELETED>    (2) Time limitations and concurrent review.--If 
        requested by the project sponsor, the Secretary and the head of 
        each Federal agency identified under paragraph (1)--</DELETED>
                <DELETED>    (A)(i) shall jointly develop and establish 
                time periods for review for--</DELETED>
                        <DELETED>    (I) all Federal agency comments 
                        with respect to any environmental documents 
                        required by the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.) for the 
                        project; and</DELETED>
                        <DELETED>    (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; such that each such 
                        Federal agency's review shall be undertaken and 
                        completed within such established time periods 
                        for review; or</DELETED>
                <DELETED>    (ii) may enter into an agreement to 
                establish such time periods for review with respect to 
                a class of projects or programs; and</DELETED>
                <DELETED>    (B) shall ensure, in establishing such 
                time periods for review, that the conduct of any such 
                analysis or review, rendering of such opinion, and the 
                issuance of such 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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. Any 
        memorandum of understanding shall be modified to incorporate 
        any mutually agreed-upon extensions.</DELETED>
<DELETED>    (d) Clarification Regarding Environmental Impact 
Statements Prepared by State and Local Transportation Agencies.--Any 
project sponsor that is a State or local governmental entity eligible 
to receive funds under this Act, chapter I of title 23, United States 
Code; or chapter 53 of title 49, United States Code, may, at the 
discretion of the Secretary, serve as a joint lead agency with the 
Department for purposes of preparing any environmental document under 
the National Environmental Policy Act of 1969, as amended (42 U.S.C. 
4321, et seq.), and may prepare any such environmental documents 
required in support of any action or approval by the Secretary, 
provided that the Department furnishes guidance in such preparation and 
independently evaluates such document, and provided that 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. 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 such environmental document, or 
that the document is appropriately supplemented if project changes 
become necessary. Any such 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.</DELETED>
<DELETED>    (e) Dispute Resolution.--When the Secretary determines 
that a Federal agency which is subject to a time period under this 
section for its environmental review has failed to complete its 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 over 
which an affected Federal agency has jurisdiction under 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. The dispute resolution procedures established 
pursuant to this subsection may be initiated by the Secretary or by the 
Governor of any State in which a highway construction or public transit 
project is located, or by the head of any Federal agency subject to the 
time period under this subsection.</DELETED>
<DELETED>    (f) Participation of State Agencies.--For any project 
eligible for assistance under chapter 1 of title 23, United States 
Code, a State, under 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 agency's participation would not be in the 
public interest. If a State wishes to participate in the review 
process, the State must require all such State agencies with 
jurisdiction by law to be subject to and comply with the review process 
to the same extent as a Federal agency.</DELETED>
<DELETED>    (g) Assistance to Affected State and Federal Agencies.--
</DELETED>
        <DELETED>    (1) In general.--The Secretary may approve a 
        request by a State to provide funds made available under 
        chapter 1 of title 23, United States Code, or for a public 
        transit project made available under chapter 53 of title 49, 
        United States Code, to the State for the project, class of 
        projects, or program subject to the coordinated environmental 
        review process established under this section, to affected 
        Federal agencies, including the Department of Transportation, 
        to State agencies participating in the coordinated 
        environmental review process, and to federally recognized 
        tribes, to provide the resources necessary to meet any time 
        limits established under this section. The Secretary also may 
        use funds made available under section 204 of title 23, United 
        States Code, for the purposes specified under this 
        subsection.</DELETED>
        <DELETED>    (2) Amounts.--Such requests under paragraph (1) 
        shall be approved only--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) if such time limits are less than the 
                customary time necessary for such review.</DELETED>
<DELETED>    (h) Judicial Review and Savings Clause.--</DELETED>
        <DELETED>    (1) Judicial review.--Except as set forth under 
        subsection (i), nothing in this section shall affect the 
        reviewability of any final Federal agency action in a court of 
        the United States.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (i) Limitations on Claims.--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 construction or public transit project shall be barred unless 
it is filed within one hundred eighty days after the permit, license, 
or approval is final pursuant to the statute 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.</DELETED>
<DELETED>    (j) Repeal.--Section 1309 of the Transportation Equity Act 
for the 21st Century (Public Law 105-178; 112 Stat. 232; June 9, 1998) 
is repealed.</DELETED>

<DELETED>SEC. 1603. ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL 
              EXCLUSIONS.</DELETED>

<DELETED>    (a) General.--Section 138 of title 23, United States Code, 
is repealed and the following new section is inserted:</DELETED>
<DELETED>''Sec. 138. Assumption of responsibility for categorical 
              exclusions</DELETED>
<DELETED>    ``(a) Categorical Exclusion Determinations.--Upon mutual 
agreement, the Secretary may assign and a State may assume 
responsibility for determining whether certain designated activities 
are included within classes of action identified in regulation by the 
Secretary that are categorically excluded from requirements for 
environmental assessments or environmental impact statements pursuant 
to regulations promulgated by the Council on Environmental Quality, or 
other successor law or regulation. Such determinations shall be made by 
a State pursuant to criteria established by the Secretary and only for 
types of activities specifically designated by the Secretary. Such 
criteria shall include provision for public availability of information 
consistent with the Freedom of Information Act (5 U.S.C. 
552).</DELETED>
<DELETED>    ``(b) Other Applicable Federal Laws.--Upon mutual 
agreement, the Secretary may assign and the State may assume some or 
all of the Department's responsibilities for environmental review, 
consultation, or other related actions required under any Federal law 
applicable to activities that are classified by the Secretary as 
categorical exclusions, with the exception of government-to-government 
consultation with Indian tribes, if the State also assumes decision-
making authority under this section. The State shall assume this 
responsibility subject to the same procedural and substantive 
requirements as would be required if that responsibility was carried 
out by the Department. When a State assumes such responsibility under a 
Federal law, it shall be solely responsible and solely liable for 
complying with and carrying out that law in lieu of the 
Department.</DELETED>
<DELETED>    ``(c) Agreements.--The Secretary and the State shall enter 
into a memorandum of understanding setting forth the responsibilities 
to be assigned under this section and the terms and conditions under 
which such assignments are to be made. Such memorandums of 
understanding shall be established for periods of no more than three 
years. In the memorandum of understanding the State shall consent to 
accept the jurisdiction of the Federal courts for the compliance, 
discharge, and enforcement of any responsibility of the Secretary it 
may assume. The Secretary shall monitor the State department of 
transportation's compliance with the memorandum of understanding as 
well as the effectiveness of the delegation, and will take into account 
the State's performance in deciding whether and under what conditions 
to renew a memorandum of understanding.</DELETED>
<DELETED>    ``(d) Termination.--The Secretary may terminate any 
assumption of responsibility under this section upon a determination 
that a State is not adequately carrying out its assigned 
responsibilities.</DELETED>
<DELETED>    ``(e) State Subject to Federal Laws.--For purposes of 
assuming theSecretary's responsibilities under this section, the State 
agency signing the agreement in subsection (c) is deemed to be a 
Federal agency to the extent the State is carrying out the Secretary's 
responsibilities under the National Environmental Policy Act, under 
this title, and under any other Federal law.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The analysis of chapter 1 of 
title 23 is amended by striking ``Preservation of parklands'' in the 
item relating to section 138 and inserting ``Assumption of 
responsibility for categorical exclusions.''.</DELETED>

<DELETED>SEC. 1604. SECTION 4(F) POLICY ON LANDS, WILDLIFE AND 
              WATERFOWL REFUGES, AND HISTORIC SITES.</DELETED>

<DELETED>    Section 303 of title 49, United States Code, is amended to 
read as follows:</DELETED>
<DELETED>Sec. 303. Policy on lands, wildlife and waterfowl refuges, and 
              historic sites</DELETED>
<DELETED>    ``(a) It is the policy of the United States Government 
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.</DELETED>
<DELETED>    ``(b) The Secretary of Transportation shall cooperate and 
consult, when appropriate, 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 lands crossed by 
transportation activities or facilities.</DELETED>
<DELETED>    ``(c)(1) The Secretary of Transportation may approve a 
transportation program or project requiring the use of publicly owned 
land of a public park, recreation area, or wildlife and waterfowl 
refuge of national, State, or local significance, or land of a historic 
site of national, State, or local significance (as determined by the 
Federal, State, or local officials having jurisdiction over the park, 
area, refuge or site) only if--</DELETED>
        <DELETED>    ``(A) there is no feasible and prudent alternative 
        to using that land, and</DELETED>
        <DELETED>    ``(B) the program or project includes all possible 
        planning to minimize harm to the park, recreation area, 
        wildlife and waterfowl refuge, or historic site resulting from 
        the use.</DELETED>
<DELETED>    ``(2) In making approvals under this subsection, the 
Secretary shall apply the following standards:</DELETED>
        <DELETED>    ``(A) The Secretary may eliminate an alternative 
        as infeasible if the Secretary finds that the alternative 
        cannot be implemented as a matter of sound 
        engineering.</DELETED>
        <DELETED>    ``(B) The Secretary shall consider the following 
        when determining whether it would be prudent to avoid the use 
        of land of a resource subject to preservation under this 
        section:</DELETED>
                <DELETED>    ``(i) The relative significance of the 
                land of the resource being protected.</DELETED>
                <DELETED>    ``(ii) The views of the official or 
                officials with jurisdiction over the land.</DELETED>
                <DELETED>    ``(iii) The relative severity of the 
                adverse effects on the protected activities, 
                attributes, or features that qualify a resource for 
                protection.</DELETED>
                <DELETED>    ``(iv) The ability to mitigate adverse 
                effects.</DELETED>
                <DELETED>    ``(v) The magnitude of the adverse effects 
                that would result from the selection of an alternative 
                that avoids the use of the land of the 
                resource.</DELETED>
        <DELETED>    ``(C) A mitigation measure or mitigation 
        alternative under paragraph (c)(1)(B) of this section is 
        possible if it is feasible and prudent. In evaluating the 
        feasibility and prudence of a mitigation measure or mitigation 
        alternative under paragraph (c)(1)(B) of this section, the 
        Secretary shall be governed by the standards of paragraphs 
        (c)(2)(A) and (B) of this subsection.</DELETED>
<DELETED>    ``(d) The requirements of this section do not apply to--
</DELETED>
        <DELETED>    ``(1) a project for a park road, parkway, or 
        refuge road under section 204 of title 23; or</DELETED>
        <DELETED>    ``(2) a highway project on land administered by an 
        agency of the Federal government, when the purpose of the 
        project is to serve or enhance the values for which the land 
        would otherwise be protected under this section, as jointly 
        determined by the Secretary of Transportation and the head of 
        the appropriate Federal land managing agency.</DELETED>
<DELETED>    ``(e) The requirements of this section are deemed to be 
satisfied where the treatment of an historic site (other than a 
National Historic Landmark) has been agreed upon in accordance with 
Section 106 of the National Historic Preservation Act (16 U.S.C. 470f). 
The Secretary, in consultation with the Advisory Council on Historic 
Preservation, shall develop administrative procedures to review the 
implementation of this subsection to ensure that the objectives of the 
National Historic Preservation Act are being met.</DELETED>
<DELETED>    ``(f)(1) The Secretary may approve a request by a State to 
provide funds made available under chapter 1 of title 23, United States 
Code, to a State historic preservation office, Tribal historic 
preservation office, or to the Advisory Council on Historic 
Preservation to provide the resources necessary to expedite the 
historic preservation review and consultation process under section 303 
of title 49 and under section 470f of title 16, United States 
Code.</DELETED>
<DELETED>    ``(2) The Secretary shall encourage States to provide such 
funding to State historic preservation officers, tribal historic 
preservation officers or the Advisory Council on Historic Preservation 
where the investment of such funds will accelerate completion of a 
project or classes of projects or programs by reducing delays in 
historic preservation review and consultation.</DELETED>
<DELETED>    ``(3) Such requests under paragraph (1) shall be approved 
only for the additional amounts that the Secretary determines are 
necessary for a State historic preservation office, tribal historic 
preservation office, or the Advisory Council on Historic Preservation 
to expedite the review and consultation process and only where the 
Secretary determines that such additional amounts will permit 
completion of the historic preservation process in less than the time 
customarily required for such process.''.</DELETED>

<DELETED>SEC. 1605. NATIONAL SCENIC BYWAYS PROGRAM.</DELETED>

<DELETED>    (a) In General.--Section 162 of title 23, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(1), by inserting a comma 
        after ``Byways'' and by striking ``or All-American Roads'' and 
        inserting ``All-American Roads, or one of America's 
        Byways'';</DELETED>
        <DELETED>    (2) in subsection (b)(1)(A), by inserting a comma 
        after ``Byways'' and by striking ``or All-American Roads,'' and 
        inserting ``All-American Roads, or one of America's 
        Byways,'';</DELETED>
        <DELETED>    (3) in subsection (b)(2)(A), by inserting a comma 
        after ``Byway'' and by striking ``or All-American Road'' and 
        inserting ``All-American Road, or one of America's 
        Byways'';</DELETED>
        <DELETED>    (4) in subsection (b)(2)(B), by inserting a comma 
        after ``Byway'' and by striking ``or All-American Road'' and 
        inserting ``All-American Road, or one of America's Byways''; 
        and</DELETED>
        <DELETED>    (5) in subsection (c)(4), by striking ``passing 
        lane,''.</DELETED>
<DELETED>    (b) Research, Technical Assistance, Marketing, and 
Promotion.--Section 162 of such title is further amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (d), (e), and (f) 
        as subsections (e), (f), and (g), respectively;</DELETED>
        <DELETED>    (2) by inserting after subsection (c) the 
        following new subsection:</DELETED>
<DELETED>    ``(d) Research, Technical Assistance, Marketing, and 
Promotion.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary may carry out 
        research, technical assistance, marketing, and promotion with 
        respect to State scenic byways, National Scenic Byways, All-
        American Roads, or America's Byways.</DELETED>
        <DELETED>    ``(2) Cooperation, grants, and contracts.--The 
        Secretary may make grants to or enter into contracts, 
        cooperative agreements, and other transactions with any Federal 
        agency, State agency, authority, association, institution, for-
        profit or nonprofit corporation, organization, foreign country, 
        or person, including the center for national scenic byways in 
        Duluth, Minnesota, to carry out the provisions of this 
        subsection.</DELETED>
        <DELETED>    ``(3) Funds.--The Secretary may use funds made 
        available for the National Scenic Byways Program to carry out 
        projects and activities under this subsection.</DELETED>
        <DELETED>    ``(4) Priority.--The Secretary shall give priority 
        to partnerships that leverage private, Federal , or other 
        public funds for research, technical assistance, marketing and 
        promotion.''; and</DELETED>
        <DELETED>    (3) by adding the following at the end of 
        subsection (g): ``The Federal share of the cost of projects or 
        activities under subsection (d) may be up to 100 
        percent.''.</DELETED>

<DELETED>SEC. 1606. RECREATIONAL TRAILS PROGRAM.</DELETED>

<DELETED>    (a) Recreational Trails Program Formula.--Section 
104(h)(1) of title 23, United States Code, is amended by striking 
``research and technical assistance under the recreational trails 
program and for the administration of the National Recreational Trails 
Advisory Committee'' and inserting ``research, technical assistance, 
and training under the recreational trails program''.</DELETED>
<DELETED>    (b) Recreational Trails Program Administration.--Section 
206 of title 23, United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking subsection (c) and inserting the 
        following:</DELETED>
<DELETED>    ``(c) State Responsibilities.--</DELETED>
        <DELETED>    ``(1) Eligibility.--To be eligible for 
        apportionments under this section--</DELETED>
                <DELETED>    ``(A) the Governor of the State shall 
                designate the State agency or agencies that will be 
                responsible for administering apportionments made to 
                the State under this section; and</DELETED>
                <DELETED>    ``(B) the State shall establish a State 
                recreational trail committee that--</DELETED>
                        <DELETED>    ``(i) has not less than 30 percent 
                        of its voting membership representing 
                        nonmotorized recreational trail 
                        users,</DELETED>
                        <DELETED>    ``(ii) has not less than 30 
                        percent of its voting membership representing 
                        motorized recreational trail users,</DELETED>
                        <DELETED>    ``(iii) must meet not less than 
                        once per Federal fiscal year in a publicly 
                        announced public meeting, and</DELETED>
                        <DELETED>    ``(iv) must be used to develop 
                        statewide trail program policy and to rate, 
                        rank, and recommend recreational trails program 
                        projects for funding.</DELETED>
        <DELETED>    ``(2) Obligation requirement.--If a State does not 
        meet the committee requirements within a fiscal year, it is not 
        eligible for an apportionment in the following fiscal 
        year.'';</DELETED>
        <DELETED>    (2) by striking subsection (d)(2) and inserting 
        the following:</DELETED>
        <DELETED>    ``(2) Permissible uses.--Permissible uses of funds 
        apportioned to a State for a fiscal year to carry out this 
        section include--</DELETED>
                <DELETED>    ``(A) maintenance and restoration of 
                existing recreational trails;</DELETED>
                <DELETED>    ``(B) development and rehabilitation of 
                trailside and trailhead facilities and trail linkages 
                for recreational trails;</DELETED>
                <DELETED>    ``(C) purchase and lease of recreational 
                trail construction and maintenance equipment;</DELETED>
                <DELETED>    ``(D) construction of new recreational 
                trails, except that, in the case of new recreational 
                trails crossing Federal lands, construction of the 
                trails shall be--</DELETED>
                        <DELETED>    ``(i) permissible under other 
                        law;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(iii) approved by the 
                        administering agency of the State designated 
                        under subsection (c)(1)(A); and</DELETED>
                        <DELETED>    ``(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.);</DELETED>
                <DELETED>    ``(E) acquisition of easements and fee 
                simple title to property for recreational trails or 
                recreational trail corridors;</DELETED>
                <DELETED>    ``(F) assessment of trail conditions for 
                accessibility and maintenance;</DELETED>
                <DELETED>    ``(G) use of trail crews, youth 
                conservation or service corps, or other appropriate 
                means to carry out activities under this 
                section;</DELETED>
                <DELETED>    ``(H) operation of educational programs to 
                promote safety and environmental protection as those 
                objectives relate to the use of recreational trails, 
                supporting non-law enforcement trail safety and trail 
                use monitoring patrol programs, and providing trail-
                related training, but in an amount not to exceed 5 
                percent of the apportionment made to the State for the 
                fiscal year; and</DELETED>
                <DELETED>    ``(I) 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.'';</DELETED>
        <DELETED>    (3) by striking subsection (d)(3)(C) and inserting 
        the following:</DELETED>
                <DELETED>    ``(C) Use of youth conservation or service 
                corps.--A State shall make available not less than 10 
                percent of its apportionments for grants, cooperative 
                agreements, or contracts with qualified youth 
                conservation or service corps to perform recreational 
                trails program activities.'';</DELETED>
        <DELETED>    (4) in subsection (d)(3)(D), by striking 
        ``(2)(F)'' and inserting ``(2)(I)'';</DELETED>
        <DELETED>    (5) by amending subsection (f)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by inserting ``and the Federal 
                        share of the administrative costs of a State'' 
                        after ``project''; and</DELETED>
                        <DELETED>    (ii) by striking ``not exceed 80 
                        percent'' and inserting in its place ``be 
                        determined in accordance with section 
                        120(b)'';</DELETED>
                <DELETED>    (B) in paragraph (2)(A), by striking ``80 
                percent of'' and inserting ``the amount determined in 
                accordance with section 120(b) for'';</DELETED>
                <DELETED>    (C) in paragraph (2)(B), by inserting 
                ``sponsoring the project'' after ``Federal 
                agency'';</DELETED>
                <DELETED>    (D) by striking paragraph (5);</DELETED>
                <DELETED>    (E) by redesignating paragraph (4) as 
                paragraph (5), and by striking ``80 percent'' and 
                inserting in its place ``the Federal share as 
                determined in accordance with section 120(b)''; 
                and</DELETED>
                <DELETED>    (F) by inserting after paragraph (3)--
                </DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    (A) expended in accordance with the 
                requirements of the Federal program relating to 
                activities funded and populations served; and</DELETED>
                <DELETED>    (B) expended on a project that is eligible 
                for assistance under this section.'';</DELETED>
        <DELETED>    (6) by inserting after subsection (h)(1)(B) the 
        following:</DELETED>
                <DELETED>    ``(C) Planning and environmental 
                assessment costs incurred prior to project approval.--A 
                project funded under subsections (d)(2)(A) through (H) 
                may allow pre-approval planning and environmental 
                compliance costs to be credited toward the non-Federal 
                share in accordance with subsection (f), limited to 
                costs incurred less than 18 months prior to project 
                approval.''; and</DELETED>
        <DELETED>    (7) by striking paragraph (h)(2) and inserting the 
        following:</DELETED>
        <DELETED>    ``(2) Waiver of highway program requirements.--A 
        project funded under this section is intended to enhance 
        recreational opportunity and is not considered a highway 
        project. Projects funded under this section are not subject to 
        sections 112, 113, 114, 116, 134, 135, 217, or 301 of this 
        title; or section 303 of title 49.''.</DELETED>

<DELETED>SEC. 1607. EXEMPTION OF THE INTERSTATE SYSTEM.</DELETED>

<DELETED>    Subsection 103(c) of title 23, United States Code, is 
amended by inserting the following after paragraph (4):</DELETED>
        <DELETED>    ``(5) Exemption of the interstate system.--The 
        Interstate Highway System, or any portion thereof, as 
        designated pursuant to subsection 103(c) of this title, shall 
        not be considered an historic site of national, State or local 
        significance for purposes of 49 U.S.C. 303, 16 U.S.C. 470f, or 
        16. U.S.C. 470h-2 by virtue of being listed as a resource on, 
        or eligible for listing in, the National Register of Historic 
        Places. At the discretion of the Secretary, with the advice of 
        the Department of the Interior, individual elements of the 
        Interstate Highway System may receive the protection of section 
        106 or section 110 of the National Historic Preservation Act 
        (16 U.S.C. 470f and 470h-2).''.</DELETED>

<DELETED>SEC. 1608. MODIFICATION TO NHS/STP FOR INVASIVE SPECIES, 
              WETLANDS, BROWNFIELDS, AND ENVIRONMENTAL 
              RESTORATION.</DELETED>

<DELETED>    (a) Modifications to the NHS for Invasive Species, 
Wetlands, Brownfields, and Environmental Restoration.--</DELETED>
        <DELETED>    (1) Technical corrections.--Section 103 (b)(6) of 
        title 23, United States Code, is amended in subparagraph (M)--
        </DELETED>
                <DELETED>    (A) by striking ``1990'' and inserting 
                ``2000''; and</DELETED>
                <DELETED>    (B) by striking ``101-640'' and inserting 
                ``106-541''.</DELETED>
        <DELETED>    (2) State responsibility.--Section 103 (b)(6) is 
        further amended in subparagraph (M) by inserting ``as 
        determined by the State'' after ``to the maximum extent 
        practicable''.</DELETED>
        <DELETED>    (3) Eligible projects for nhs.--Section 103 (b)(6) 
        is further amended by adding at the end the following new 
        subparagraphs:</DELETED>
                <DELETED>    ``(Q) Environmental restoration and 
                pollution abatement to minimize or mitigate impacts of 
                any transportation project funded under this title 
                (including the retrofit or construction of storm water 
                treatment systems to meet State and Federal National 
                Pollutant Discharge Elimination System requirements 
                under Section 402 of the Clean Water Act) to address 
                water pollution or environmental degradation caused or 
                contributed to by transportation facilities. When 
                transportation facilities are undergoing 
                reconstruction, rehabilitation, resurfacing, or 
                restoration, 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.</DELETED>
                <DELETED>    ``(R) In accordance with all applicable 
                Federal law (including applicable Federal regulations), 
                participation in the control of invasive plant species 
                and the establishment of native species related to 
                projects funded under this title, which may include 
                participation in statewide inventories of both invasive 
                and desirable plant species and regional native plant 
                habitat conservation and mitigation, and restoration 
                plans. Contributions to the measures described in the 
                preceding sentence may take place concurrent with or in 
                advance of project construction; except that 
                contributions in advance of project construction may 
                occur only if the efforts are consistent with all 
                applicable requirements of Federal law (including 
                applicable Federal regulations) and State 
                transportation planning processes.</DELETED>
                <DELETED>    ``(S) Remediation associated with the 
                construction of a project funded under this title on a 
                brownfield site, as defined in 42 U.S.C. 
                9601.''.</DELETED>
<DELETED>    (b) Modifications to the Surface Transportation Program 
for Invasive Species, Wetlands, Brownfields, and Environmental 
Restoration.--</DELETED>
        <DELETED>    (1) Technical corrections.--Section 133 (b)(11) of 
        title 23, is amended--</DELETED>
                <DELETED>    (A) by striking ``1990'' and inserting 
                ``2000''; and</DELETED>
                <DELETED>    (B) by striking ``101-640'' and inserting 
                ``106-541'';</DELETED>
        <DELETED>    (2) State responsibility.--Section 133 (b)(11) is 
        further amended by inserting ``determined by the State'' after 
        ``to the maximum extent practicable''.</DELETED>
        <DELETED>    (3) Eligible projects for surface transportation 
        program.--</DELETED>
                <DELETED>    (A) Environmental restoration and 
                pollution abatement.--Section 133 of title 23, United 
                States Code, is amended by striking (b)(14) and 
                inserting the following:</DELETED>
        <DELETED>    ``(14) Environmental restoration and pollution 
        abatement to minimize or mitigate impacts of any transportation 
        project funded under this title (including the retrofit or 
        construction of storm water treatment systems to meet State and 
        Federal National Pollutant Discharge Elimination System 
        requirements under Section 402 of the Clean Water Act) to 
        address water pollution or environmental degradation caused or 
        contributed to by transportation facilities. When 
        transportation facilities are undergoing reconstruction, 
        rehabilitation, resurfacing, or restoration, 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.''.</DELETED>
                <DELETED>    (B) Invasive species control and 
                brownfields remediation efforts.--Section 133(b) of 
                such title, as amended by this Act, is further amended 
                by adding at the end the following new 
                paragraphs:</DELETED>
        <DELETED>    ``(16) In accordance with all applicable Federal 
        law (including regulations), participation in the control of 
        invasive plant species and the establishment of native species 
        related to projects funded under this title, which may include 
        participation in statewide inventories of both invasive and 
        desirable plant species and regional native plant habitat 
        conservation and mitigation, and restoration plans. 
        Contributions to the measures described in the preceding 
        sentence may take place concurrent with or in advance of 
        project construction; except that contributions in advance of 
        project construction may occur only if the efforts are 
        consistent with all applicable requirements of Federal law 
        (including regulations) and State transportation planning 
        processes.</DELETED>
        <DELETED>    ``(17) Remediation associated with the 
        construction of a project funded under this title on a 
        brownfield site, as defined in 42 U.S.C. 9601.''.</DELETED>

<DELETED>SEC. 1609. STANDARDS.</DELETED>

<DELETED>    (a) In General.--Section 109(a) of title 23 of the United 
States Code is amended by--</DELETED>
        <DELETED>    (1) striking ``and'' at the end of paragraph 
        (1);</DELETED>
        <DELETED>    (2) striking the period at the end of paragraph 
        (2) and inserting ``; and''; and</DELETED>
        <DELETED>    (3) adding the following paragraph at the end of 
        subsection (a):</DELETED>
        <DELETED>    ``(3) consider the preservation, historic, scenic, 
        natural environment, and community values.''.</DELETED>
<DELETED>    (b) Context Sensitive Design.--Section 109 of such title 
is amended by striking subsection (p) and inserting the 
following:</DELETED>
<DELETED>    ``(p) Context Sensitive Design.--</DELETED>
        <DELETED>    ``(1) The Secretary shall encourage States to 
        design projects funded under title 23 to--</DELETED>
                <DELETED>    ``(A) allow for the preservation of 
                environmental, scenic, community, and/or historic 
                values;</DELETED>
                <DELETED>    ``(B) ensure safe use of the facility for 
                both passenger and freight movement;</DELETED>
                <DELETED>    ``(C) provide for consideration of the 
                context of the locality;</DELETED>
                <DELETED>    ``(D) encourage access for other modes of 
                transportation; and</DELETED>
                <DELETED>    ``(E) comply with subsection 
                (a).</DELETED>
        <DELETED>    ``(2) Notwithstanding subsections (b) and (c), the 
        Secretary may approve a project for the National Highway System 
        if the project is designed to achieve the criteria of 
        subparagraphs (A) through (E).''.</DELETED>

<DELETED>SEC. 1610. USE OF HOV LANES.</DELETED>

<DELETED>    Section 102 of title 23, United States Code, is amended by 
striking subsection (a) and inserting the following:</DELETED>
<DELETED>    ``(a) High Occupancy Vehicle (HOV) Passenger 
Requirements.--</DELETED>
        <DELETED>    ``(1) In general.--A State transportation 
        department or other responsible local agencies shall establish 
        the occupancy requirements of vehicles operating in HOV 
        facilities; except that no fewer than 2 occupants per vehicle 
        may be required, unless otherwise provided in paragraph 
        (2).</DELETED>
        <DELETED>    ``(2) Exceptions to hov occupancy requirements.--
        </DELETED>
                <DELETED>    ``(A) Motorcycles.--Motorcycles shall not 
                be considered single occupant vehicles and shall be 
                allowed to use HOV facilities, except that upon 
                certification by the responsible agency to the 
                Secretary, the agency may restrict such use by 
                motorcycles if such use would create a safety 
                hazard.</DELETED>
                <DELETED>    ``(B) Low emission and energy-efficient 
                vehicles.--</DELETED>
                        <DELETED>    ``(i) Responsible agencies shall 
                        have the option of allowing qualifying low 
                        emission and energy-efficient vehicles to use 
                        HOV facilities if they do not satisfy the 
                        established occupancy requirements.</DELETED>
                        <DELETED>    ``(ii) Responsible agencies that 
                        allow qualifying low emission and energy-
                        efficient vehicles to use HOV facilities 
                        shall--</DELETED>
                                <DELETED>    ``(I) establish a program 
                                that addresses how such qualifying 
                                vehicles are selected and 
                                certified;</DELETED>
                                <DELETED>    ``(II) establish 
                                requirements for labeling qualifying 
                                vehicles and procedures for enforcing 
                                such vehicles;</DELETED>
                                <DELETED>    ``(III) continuously 
                                monitor, evaluate, and report on 
                                performance; and</DELETED>
                                <DELETED>    ``(IV) establish the 
                                policies and procedures that will limit 
                                or restrict the use of such vehicles as 
                                necessary, to ensure that the 
                                performance of individual facilities or 
                                the entire system does not become 
                                seriously degraded.</DELETED>
                        <DELETED>    ``(iii) As used in this 
                        subparagraph, the term ``low emission and 
                        energy-efficient vehicles'' means vehicles that 
                        have been certified--</DELETED>
                                <DELETED>    ``(I) by the Administrator 
                                of the Environmental Protection Agency 
                                to have a 45-mile-per-gallon or greater 
                                fuel economy highway rating; or are 
                                defined as an alternative fuel vehicle 
                                under section 301(2) of the Energy 
                                Policy Act of 1992 (42 U.S.C. 
                                13211(2)); and</DELETED>
                                <DELETED>    ``(II) as meeting Tier II 
                                emission level established in 
                                regulations prescribed by the 
                                Administrator of the Environmental 
                                Protection Agency under section 202(i) 
                                of the Clean Air Act (42 U.S.C. 
                                7521(i)) for that make and model year 
                                vehicle.</DELETED>
                <DELETED>    ``(C) Bicycles.--Responsible agencies 
                shall have the option of allowing bicycles on surface 
                street HOV facilities when there is insufficient space 
                within the roadway or public right-of-way to establish 
                and designate a bicycle lane.</DELETED>
                <DELETED>    ``(D) Tolling of vehicles.--Responsible 
                agencies may permit vehicles, in addition to those 
                vehicles described in paragraphs (A), (B), and (E) that 
                do not satisfy the established occupancy requirements, 
                to use an HOV facility only if they charge such 
                vehicles a toll. The authority of an agency to impose a 
toll shall be subject to section 129 of this title. Any agency electing 
to toll such vehicles shall also--</DELETED>
                        <DELETED>    ``(i) establish a program that 
                        addresses how motorists can enroll and 
                        participate;</DELETED>
                        <DELETED>    ``(ii) develop, manage, and 
                        maintain a system that will automatically 
                        collect the tolls that vehicles must 
                        pay;</DELETED>
                        <DELETED>    ``(iii) continuously monitor, 
                        evaluate, and report on performance;</DELETED>
                        <DELETED>    ``(iv) establish the policies and 
                        procedures for varying the toll that is charged 
                        to manage the demand to use the subject 
                        facilities and enforcing violations; 
                        and</DELETED>
                        <DELETED>    ``(v) establish procedures that 
                        will limit or restrict the use of such vehicles 
                        as necessary, to ensure that the performance of 
                        individual facilities or the entire system does 
                        not become seriously degraded.</DELETED>
                <DELETED>    ``(E) Designated public transportation 
                vehicles.--</DELETED>
                        <DELETED>    ``(i) In this subparagraph, the 
                        term ``designated public transportation 
                        vehicles'' means vehicles that provide 
                        designated public transportation, as defined 
                        under section 12141 of title 42, and that are 
                        owned or operated by a public entity or that 
                        are operating under contract to a public 
                        entity.</DELETED>
                        <DELETED>    ``(ii) Responsible agencies may 
                        permit designated public transportation 
                        vehicles to use HOV facilities if they do not 
                        satisfy the established occupancy 
                        requirements.</DELETED>
                        <DELETED>    ``(iii) Any agency that permits 
                        designated public transportation vehicles to 
                        use HOV facilities if they do not satisfy the 
                        established occupancy requirements shall--
                        </DELETED>
                                <DELETED>    ``(I) establish 
                                requirements for clearly and 
                                identifiably labeling vehicles 
                                operating under contract to the public 
                                entity with the name of the public 
                                entity on all sides of the 
                                vehicle;</DELETED>
                                <DELETED>    ``(II) establish the 
                                policies and procedures to ensure that 
                                vehicles operating under contract to 
                                the public entity are in compliance 
                                with the labeling requirement under 
                                subclause (I) of this clause;</DELETED>
                                <DELETED>    ``(III) continuously 
                                monitor, evaluate, and report on 
                                performance; and</DELETED>
                                <DELETED>    ``(IV) establish the 
                                policies and procedures that will limit 
                                or restrict the use of such vehicles as 
                                necessary, to ensure that the 
                                performance of individual facilities or 
                                the entire system does not become 
                                seriously degraded.</DELETED>
        <DELETED>    ``(3) HOV facility management, operation, and 
        monitoring.--Agencies that permit any of the exceptions 
        specified in paragraph (a)(2) shall be responsible for the 
        following:</DELETED>
                <DELETED>    ``(A) Performance monitoring, evaluation, 
                and reporting.--Responsible agencies shall be required 
                to establish, manage, and support a performance 
                monitoring, evaluation, and reporting program if they 
                permit any of the exceptions specified in paragraph 
                (a)(2). This program shall continuously monitor, 
                assess, and report on the impacts that any of these 
                specific types of allowed vehicles may have on the 
                operation of individual HOV facilities and the entire 
                HOV system.</DELETED>
                <DELETED>    ``(B) Operation of hov facility or 
                system.--Responsible agencies shall limit or 
                discontinue permitting any of the exceptions specified 
                in paragraph (a)(2), if the presence of any of these 
                specific types of allowed vehicles seriously degrades 
                the operation of individual HOV facilities or the 
                entire HOV system. For purposes of this section, 
                ``seriously degraded'' means that an HOV facility 
                located on a freeway, or similar type of roadway, fails 
                to maintain a minimum average operating speed of at 
                least 45 miles per hour 90 percent of the time over a 
                consecutive six-month period during weekday peak travel 
                periods. For HOV facilities on other types of roadways, 
                the minimum average operating speed, performance 
                threshold, and associated time period shall be 
                established based on the conditions unique to each 
                roadway and agreed to by the responsible 
                agencies.''.</DELETED>

<DELETED>SEC. 1611. BICYCLE TRANSPORTATION AND PEDESTRIAN 
              WALKWAYS.</DELETED>

<DELETED>    (a) In General.--Section 217 of title 23, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by inserting ``pedestrian 
        and'' after ``safe'';</DELETED>
        <DELETED>    (2) in subsection (e), by striking ``bicycles'' 
        each time it appears and inserting ``pedestrians or 
        bicyclists'' in each instance;</DELETED>
        <DELETED>    (3) by striking subsection (f) and inserting the 
        following:</DELETED>
<DELETED>    ``(f) Federal Share.--The Federal share of the 
construction of bicycle transportation facilities and pedestrian 
walkways and for carrying out nonconstruction projects related to safe 
pedestrian and bicycle use shall be determined in accordance with 
section 120(b).'';</DELETED>
        <DELETED>    (4) in subsection (j), by inserting after 
        paragraph (4) the following:</DELETED>
        <DELETED>    ``(5) Shared use path.--The term ``shared use 
        path'' means a multi-use trail or other path, physically 
        separated from motorized vehicular traffic by an open space or 
        barrier, either within a highway right-of-way or within an 
        independent right-of-way, and usable for transportation 
        purposes. Shared use paths may be used by pedestrians, 
        bicyclists, skaters, equestrians, and other nonmotorized 
        users.''; and</DELETED>
        <DELETED>    (5) by adding after subsection (j) the 
        following:</DELETED>
<DELETED>    ``(k) User Fees.--At the option of each State, a shared 
use path funded under this section is not subject to the provisions of 
23 U.S.C. 301, provided that the shared use path is not within a 
highway right-of-way, and the income received from user fees is used 
for ongoing maintenance and operation of shared use paths within the 
State.</DELETED>
<DELETED>    ``(l) Bicycle and Pedestrian Safety Grants.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall make grants 
        to a national, not-for-profit organization engaged in promoting 
        bicycle and pedestrian safety to--</DELETED>
                <DELETED>    ``(A) operate a national bicycle and 
                pedestrian clearinghouse;</DELETED>
                <DELETED>    ``(B) develop information and educational 
                programs; and</DELETED>
                <DELETED>    ``(C) disseminate techniques and 
                strategies for improving bicycle and pedestrian 
                safety.</DELETED>
        <DELETED>    ``(2) Funding.--Funds provided under section 
        104(p) of this title shall be available to carry out the 
        provisions of this section.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Set-Aside.--Section 104 of title 23, United States 
Code, is amended by adding, after subsection (o), as added by this Act, 
the following:</DELETED>
<DELETED>    ``(p) Bicycle and Pedestrian Safety Grants.--On October 1 
of each fiscal year for fiscal years 2004 through 2009, the Secretary, 
after making the deductions authorized by subsections (a) and (f), 
shall set-aside $500,000 of the remaining funds authorized to be 
apportioned under subsection (b)(3) for carrying out the Bicycle and 
Pedestrian Safety Grants under section 217 of this title.''.</DELETED>

<DELETED>SEC. 1612. TRANSPORTATION, ENERGY, AND ENVIRONMENT.</DELETED>

<DELETED>    (a) In General.--As part of the National Climate Change 
Technology Initiative and the Climate Change Research Initiative, the 
Secretary shall establish and carry out a multimodal energy and climate 
change program to study the relationship of transportation, energy, and 
climate change.</DELETED>
<DELETED>    (b) Contents.--The program to be carried out under this 
section shall include, but not be limited to, research designed to--
</DELETED>
        <DELETED>    (1) identify, develop and evaluate strategies to 
        improve energy efficiency and reduce greenhouse gas emissions 
        from transportation sources; and</DELETED>
        <DELETED>    (2) identify and evaluate the potential effects of 
        climate changes on the nation's transportation systems, and 
        strategies to address these effects;</DELETED>
<DELETED>    (c) Project Selection.--Activities to be undertaken in 
this program will be determined by an internal steering committee 
established by the Secretary of Transportation. This intermodal 
committee shall include representatives from the Office of the 
Secretary and operating administrations within the Department of 
Transportation as designated by the Secretary.</DELETED>
<DELETED>    (d) Grants, Cooperative Agreements and Contracts.--The 
Secretary may carry out this program independently or by making grants 
to, or entering into contracts, cooperative agreements, and other 
transactions, with a Federal agency, State agency, local agency, 
authority, association, nonprofit or for-profit corporation, or 
institution of higher education.</DELETED>
<DELETED>    (e) Funding.--</DELETED>
        <DELETED>    (1) Highway account.--</DELETED>
                <DELETED>    (A) Funding.--There is authorized to be 
                appropriated from the Highway Trust Fund (other than 
                the Mass Transit Account) to carry out this section 
                $3,600,000 for fiscal year 2004, $2,200,000 for fiscal 
                year 2005, $2,200,000 for fiscal year 2006, $2,200,000 
                for fiscal year 2007, $2,700,000 for fiscal year 2008, 
                and $2,700,000 for fiscal year 2009.</DELETED>
                <DELETED>    (B) Contract authority.--Funds authorized 
                from the Highway Trust Fund (other than the Mass 
                Transit Account) to carry out this Section 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 the Federal share of 
                the cost of a project or activity carried out using 
                such funds shall not exceed 100 percent and such funds 
                shall remain available until expended.</DELETED>
        <DELETED>    (2) Mass transit account.--</DELETED>
                <DELETED>    (A) Funding.--There is authorized to be 
                appropriated from the Mass Transit Account of the 
                Highway Trust Fund to carry out this section $400,000 
                for fiscal year 2004, $300,000 for fiscal year 2005, 
                $300,000 for fiscal year 2006, $300,000 for fiscal year 
                2007, $300,000 for fiscal year 2008, and $300,000 for 
                fiscal year 2009.</DELETED>
                <DELETED>    (B) Contract authority.--A grant or 
                contract that is financed with amounts paid under this 
                subparagraph from the Mass Transit Account is a 
                contractual obligation of the United States Government 
                to pay the Government's share of the cost of the 
                project.</DELETED>
                <DELETED>    (3) Airport and airway trust fund.--There 
                is authorized to be appropriated from the Airport and 
                Airway Trust Fund to carry out this section $500,000 
                for fiscal year 2005, $500,000 for fiscal year 2006, 
                and $500,000 for fiscal year 2007.</DELETED>

<DELETED>SEC. 1613. IDLING REDUCTION FACILITIES IN INTERSTATE RIGHTS-
              OF-WAY.</DELETED>

<DELETED>    Section 111 of Title 23 of the United States Code is 
hereby amended by adding at the end the following:</DELETED>
<DELETED>    ``(d) Idling Reduction Facilities in Interstate Rights-of-
Way.--Notwithstanding the prohibition on commercial establishments set 
forth in subsection (a), any State may permit electrification or other 
idling reduction facilities and equipment, for use by motor vehicles 
used for commercial purposes, to be placed in rest and recreation 
areas, and in safety rest areas, constructed or located on rights-of-
way of the Interstate System in such State, and may charge, or permit 
charges for the use of such facilities. The exclusive purpose of such 
facilities or technologies shall be to enable operators of such 
vehicles to turn off their engines while parked and still have heating, 
air conditioning, electricity, and communication services in the 
vehicle.''.</DELETED>

<DELETED>SEC. 1614. APPROPRIATION FOR TRANSPORTATION PURPOSES OF LANDS 
              OR INTEREST IN LANDS OWNED BY THE UNITED 
              STATES.</DELETED>

<DELETED>    (a) In General.--Section 317 of title 23, United States 
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 317. Appropriation for transportation purposes of lands 
              or interest in lands owned by the United States</DELETED>
<DELETED>    ``(a) In General.--If the Secretary determines that any 
part of the lands or interests in land owned by the United States are 
reasonably necessary for any project administered under this title or 
as a source for materials for such a project, the Secretary is 
authorized to file with the Secretary of the Department supervising the 
administration of such lands or interests in lands a description and a 
map showing the portion of such lands or interests in lands which it is 
necessary to appropriate. The Secretary of such Department shall have a 
period of up to four months to review the proposed appropriation and to 
designate reasonable mitigation measures necessary to protect the 
adjacent federal lands from adverse environmental impacts, or to 
certify that the proposed appropriation is contrary to the purposes for 
which such lands or materials have been reserved. If no such 
certification is received, the Secretary may appropriate and transfer 
such lands or interests in lands to the State transportation 
department, or its nominee, subject to such reasonable mitigation 
measures designated above. If at any time the need for such lands or 
materials for transportation purposes shall no longer exist, notice of 
the fact shall be given by the State transportation department to the 
Secretary and the Secretary of the Department from which they had been 
appropriated. Such lands or materials may, at the discretion of the 
Secretary of the Department from which they had been appropriated or 
its designee, revert to the United States, under the control of such 
Secretary, or its designee. Unless otherwise instructed by the 
Secretary, prior to any such reversion the State transportation 
department shall restore the land to its former condition.</DELETED>
<DELETED>    ``(b) Prior Restrictions or Encumbrances.--Notwithstanding 
any other provision of law, the acquisition and use of land under this 
section may proceed irrespective of any prior deed restrictions or 
other encumbrances that were imposed as a condition on the receipt of 
Federal funds.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The analysis for chapter 3 of 
such title is revised by amending the item relating to section 317 to 
read as follows:</DELETED>

<DELETED>``317.  Appropriation for transportation purposes of lands or 
                            interest in lands owned by the United 
                            States.''.

<DELETED>SEC. 1615. TOLL PROGRAMS.</DELETED>

<DELETED>    (a) Interstate System Reconstruction and Rehabilitation 
Pilot Program.--Sec. 1216(b) of the Transportation Equity Act for the 
21st Century is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``that could not 
        otherwise be adequately maintained or functionally improved 
        without the collection of tolls'';</DELETED>
        <DELETED>    (2) in paragraph (3), by striking subparagraph (C) 
        and inserting the following:</DELETED>
                <DELETED>    ``(C) An analysis demonstrating that 
                financing the reconstruction or rehabilitation of the 
                facility with the collection of tolls under this pilot 
                program is the most efficient, economical, or 
                expeditious way to advance the project.''; 
                and</DELETED>
        <DELETED>    (3) in paragraph (4),</DELETED>
                <DELETED>    (A) by striking subparagraph (A) and 
                inserting the following:</DELETED>
                <DELETED>    ``(A) the State's analysis showing that 
                financing the reconstruction or rehabilitation of this 
                facility with the collection of tolls under this 
                program is the most efficient, economical, or 
                expeditious way to advance the project is 
                reasonable;'';</DELETED>
                <DELETED>    (B) by striking subparagraph (B) and 
                inserting the following:</DELETED>
                <DELETED>    ``(B) the facility needs reconstruction or 
                rehabilitation;'';</DELETED>
                <DELETED>    (C) by striking subparagraph (C); 
                and</DELETED>
                <DELETED>    (D) by redesignating subparagraphs (D) and 
                (E) as subparagraphs (C) and (D), 
                respectively.</DELETED>
<DELETED>    (b) Variable Toll Pricing Program.--</DELETED>
        <DELETED>    (1) Establishment.--The Secretary, notwithstanding 
        sections 129 and 301 of title 23, United States Code, may 
        permit a State or public authority to toll any highway, bridge, 
        or tunnel, including facilities on the Interstate System, to 
        manage existing high levels of congestion or reduce emissions 
        in a nonattainment area or maintenance area.</DELETED>
        <DELETED>    (2) Basic program.--The following conditions apply 
        to any variable toll pricing program established under this 
        section:</DELETED>
                <DELETED>    (A) Limitation on use of revenues.--All 
                toll revenues received from the operation of the toll 
                facility shall be used first for debt service, 
                reasonable return on investment of any private 
                financing, and the costs necessary for proper operation 
                and maintenance of the toll facility (including 
                reconstruction, resurfacing, restoration, and 
                rehabilitation). If the State or public authority 
                certifies annually that the tolled facility is being 
                adequately maintained, then the State or public 
                authority may use any excess toll revenues for projects 
                eligible for Federal assistance under title 23, United 
                States Code.</DELETED>
                <DELETED>    (B) Agreement.--Before the Secretary may 
                permit tolling under this subsection, and for each 
                facility that may be tolled, the Secretary and the 
                State or public authority must enter into an agreement 
                providing for the conditions in subparagraphs (A) and 
                (C) of this paragraph. The agreement shall terminate 
                upon the decision of the State or public authority to 
                discontinue its variable tolling program for that 
                facility. If there is any debt outstanding on the 
                facility at the time the decision is made to 
                discontinue the program, the facility may continue to 
                be tolled in accordance with the terms of the agreement 
                until the debt is retired.</DELETED>
                <DELETED>    (C) Requirements.--</DELETED>
                        <DELETED>    (i) Variable price requirement.--
                        The Secretary shall require, for each facility 
                        that may be tolled under this subsection, that 
                        the tolls vary in price according to time of 
                        day, as appropriate, to manage congestion or to 
                        improve air quality.</DELETED>
                        <DELETED>    (ii) HOV passenger requirements.--
                        In addition to the exceptions to the high 
                        occupancy vehicle passenger requirements 
                        established under section 102(a)(2) of title 
                        23, United States Code, a State may permit 
                        vehicles with fewer than 2 occupants to operate 
                        in high occupancy vehicle lanes as part of a 
                        variable toll pricing program established under 
                        this subsection.</DELETED>
                <DELETED>    (D) Limitation on federal share.--The 
                Federal share payable for projects on the tolled 
                facility, including projects to install toll collection 
                facilities, shall be a percentage determined by the 
                State but shall not exceed 80 percent.</DELETED>
        <DELETED>    (3) Eligibility.--To be eligible to participate in 
        the program, a State or public authority shall provide to the 
        Secretary--</DELETED>
                <DELETED>    (A) a description of the congestion or air 
                quality problems sought to be addressed under this 
                program;</DELETED>
                <DELETED>    (B) an identification of the goals sought 
                to be achieved and the performance measures that would 
                be used to gauge the success made toward reaching those 
                goals; and</DELETED>
                <DELETED>    (C) such other information as the 
                Secretary may require.</DELETED>
        <DELETED>    (4) Definitions.--</DELETED>
                <DELETED>    (A) Maintenance area.--The term 
                ``maintenance area'' has the same meaning given the 
                term under section 101 of title 23, United States 
                Code.</DELETED>
                <DELETED>    (B) Nonattainment area.--The term 
                ``nonattainment area'' has the same meaning given the 
                term under section 7501 of title 42, United States 
                Code.</DELETED>
<DELETED>    (c) Repeal.--Section 1012(b) of the Intermodal Surface 
Transportation Efficiency Act, as amended by section 1216(a) of the 
Transportation Equity Act for the 21st Century, is repealed. 
Notwithstanding the repeal of section 1012(b), the Secretary shall 
monitor and allow any value pricing program established under a 
cooperative agreement in effect on the date of enactment of this Act to 
continue.</DELETED>

<DELETED>SEC. 1616. OZONE STANDARDS, PARTICULATE MATTER STANDARDS, AND 
              REGIONAL HAZE PROGRAM.</DELETED>

<DELETED>    (a) Title.--The heading of title VI of the Transportation 
Equity Act for the 21st Century (Public Law 105-178; 112 Stat. 463; 
June 9, 1998) is amended to read as follows:</DELETED>

<DELETED>``TITLE VI--OZONE STANDARDS, PARTICULATE MATTER STANDARDS, AND 
                   REGIONAL HAZE PROGRAM''</DELETED>

<DELETED>    (b) Findings and Purpose.--Section 6101 of such Act is 
amended to read as follows:</DELETED>
<DELETED>``Sec. 6101. Findings and Purpose</DELETED>
<DELETED>    ``(a) The Congress finds that--</DELETED>
        <DELETED>    ``(1) the fine particle (PM-2.5) standards 
        promulgated by the Administrator of the Environmental 
        Protection Agency (referred to in this title as 
        ``Administrator'') in July 1997 were established to protect the 
        public health and welfare;</DELETED>
        <DELETED>    ``(2) there is a continuing need for PM-2.5 air 
        quality monitoring data;</DELETED>
        <DELETED>    ``(3) with three years of PM-2.5 air quality 
        monitoring data for all areas expected to be available by 2003 
        it is important to move forward to designate areas as 
        attainment or nonattainment and proceed with implementation of 
        these standards;</DELETED>
        <DELETED>    ``(4) it will be beneficial to States to develop 
        and submit implementation plans for the PM-2.5 standards and 
        the regional haze program at the same time; and</DELETED>
        <DELETED>    ``(5) Western States that participated in the 
        Grand Canyon Visibility Transport Commission should be 
        permitted to submit plans in 2003 to implement recommendations 
        set forth in the Commission's report.</DELETED>
<DELETED>    ``(b) The purposes of this title are--</DELETED>
        <DELETED>    ``(1) to ensure the availability of PM-2.5 air 
        quality monitoring data;</DELETED>
        <DELETED>    ``(2) to establish a deadline for the designation 
        of areas for the PM-2.5 standards; and</DELETED>
        <DELETED>    ``(3) to ensure that States are able to develop 
        PM-2.5 and regional haze implementation plans at the same time 
        for all areas within a State, while continuing to allow nine 
        Western States the option of submitting regional haze plans in 
        2003 to implement regional haze requirements based on the 1996 
        recommendations of the Grand Canyon Visibility Transport 
        Commission.''.</DELETED>
<DELETED>    (c) Particulate Matter and Regional Haze.--</DELETED>
        <DELETED>    (1) The heading of section 6102 of the 
        Transportation Equity Act for the 21st Century is amended to 
        read as follows:</DELETED>
<DELETED>``Sec. 6102. Particulate matter and regional haze 
              programs''</DELETED>
        <DELETED>    (2) Section 6102(c) of such Act is amended to read 
        as follows:</DELETED>
<DELETED>    ``(c)(1) The Governors shall be required to submit 
designations referred to in section 107(d)(1) of the Clean Air Act (42 
U.S.C. 7407(d)(1)) for each area following promulgation of the July 
1997 PM-2.5 national ambient air quality standard by September 30, 
2003, based on air quality monitoring data collected in accordance with 
any applicable Federal reference methods for the relevant areas. Only 
data from the monitoring network designated in subsection (a) and other 
Federal reference method PM-2.5 monitors shall be considered for such 
designations. Nothing in the previous sentence shall be construed as 
affecting the Governor's authority to designate an area initially as 
nonattainment, and the Administrator's authority to promulgate the 
designation of an area as nonattainment, under section 107(d)(1) of the 
Clean Air Act, based on its contribution to ambient air quality in a 
nearby nonattainment area.</DELETED>
<DELETED>    ``(2)(A) Each State shall submit, for the entire State, 
the State implementation plan revisions to meet the requirements 
promulgated by the Administrator under section 169B(e)(1) of the Clean 
Air Act (42 U.S.C. 7492(e)(1)) (hereinafter in this paragraph referred 
to as `the regional haze requirements') by 3 years after the date the 
Administrator promulgates the designations referred to in subsection 
(d) for such State.</DELETED>
<DELETED>    ``(B) The provisions of subparagraph (A) of this paragraph 
shall not preclude the implementation of the agreements and 
recommendations set forth in the Grand Canyon Visibility Transport 
Commission Report dated June 1996. These provisions shall not preclude 
the submission of State implementation plan revisions by the States of 
Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, 
or Wyoming by December 31, 2003, for implementation of the regional 
haze requirements as they apply to such States. Each of the 
aforementioned States submitting such plan revisions shall also submit 
statewide implementation plan revisions, as required under subparagraph 
(A), to address, as necessary, any additional mandatory Class I Federal 
areas not addressed by the revisions submitted pursuant to the 
preceding sentence.''.</DELETED>
        <DELETED>    (3) Section 169B(e)(2) of the Clean Air Act (42 
        U.S.C. 7492(e)(2)) is repealed.</DELETED>
        <DELETED>    (4) Section 6102(d) of the Transportation Equity 
        Act for the 21st Century is amended to read as 
        follows:</DELETED>
<DELETED>    ``(d) Notwithstanding any other provision of law, the 
Administrator shall promulgate the designations referred to in 
subsection (d) of section 107 of the Clean Air Act for each area of 
each State for the July 1997 PM-2.5 national ambient air quality 
standards by December 31, 2004.''.</DELETED>
<DELETED>    (d) Conforming Amendment.--Section 1(b) of the 
Transportation Equity Act for the 21st Century is amended in the Table 
of Contents--</DELETED>
        <DELETED>    (1) in the heading for title VI, by striking 
        ``OZONE AND PARTICULATE MATTER STANDARDS'' and inserting 
        ``OZONE STANDARDS, PARTICULATE MATTER STANDARDS, AND REGIONAL 
        HAZE PROGRAM''; and</DELETED>
        <DELETED>    (2) in the item relating to section 6102, by 
        striking ``monitoring program'' and inserting ``and regional 
        haze programs''.</DELETED>

<DELETED>SEC. 1617. INDEMNIFICATION ON CERTAIN RAILBANKED 
              PROJECTS.</DELETED>

<DELETED>    Where, pursuant to a final judgment, a Federal court finds 
the United States liable by operation of section 8(d) the National 
Trails System Act (enacted by section 208 of Pub. L. 98-11, 97 Stat. 
48) (16 U.S.C. 1247(d)), for a taking of property under the Fifth 
Amendment to the United States Constitution, a State that has received 
funds, after the date of enactment of this Act, under a Federal-aid 
highway program established under title 23, United States Code, and 
that has used a portion of those funds to acquire, develop, maintain or 
improve a railroad right-of-way that is the subject of the judgment, 
shall indemnify the United States up to the lesser amount of the 
judgment awarded (including attorney fees) or the Federal-aid highway 
program funds received in connection with that railroad right-of-
way.</DELETED>

      <DELETED>Subtitle G--Program Efficiencies and Improvements--
                          Operations</DELETED>

<DELETED>SEC. 1701. TRANSPORTATION SYSTEMS MANAGEMENT AND 
              OPERATIONS.</DELETED>

<DELETED>    (a) Definitions.--Section 101(a) of title 23, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (3)--</DELETED>
                <DELETED>    (A) by inserting ``and intermodal 
                operations to enhance security'' after ``program'' in 
                the first sentence; and</DELETED>
                <DELETED>    (B) in subparagraph (G), by striking 
                ``traffic control systems,'';</DELETED>
        <DELETED>    (2) in paragraph (18), as redesignated by this 
        Act, by inserting ``costs incurred by transportation agencies 
        attributed to operation of technology used to monitor critical 
        transportation infrastructure for security purposes,'' after 
        ``rent,'' and by inserting ``transportation systems management 
        and operations and'' after ``with'';</DELETED>
        <DELETED>    (3) in paragraph (19)(A)(i), as redesignated by 
        this Act, by inserting--</DELETED>
                <DELETED>    (A) ``transportation system management and 
                operations, including,'' after ``for'';</DELETED>
                <DELETED>    (B) ``and transportation security'' after 
                ``installation of traffic''; and</DELETED>
                <DELETED>    (C) ``equipment and programs for 
                transportation response to manmade and natural 
                disasters,'' after ``incident management 
                programs,'';</DELETED>
        <DELETED>    (4) by redesignating paragraphs (39) and (40), as 
        redesignated by this Act, as paragraphs (40) and (41), 
        respectively; and</DELETED>
        <DELETED>    (5) by inserting new paragraph (39) after 
        paragraph (38), as follows:</DELETED>
        <DELETED>    ``(39) Transportation systems management and 
        operations.--The term `transportation systems management and 
        operations' means an integrated program to optimize the 
        performance of existing infrastructure through the 
        implementation of multi- and intermodal, cross-jurisdictional 
        systems, services, and projects designed to preserve capacity 
        and improve security, safety, and reliability of Federal-aid 
        highways. Transportation systems management and operations 
        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 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.''.</DELETED>
<DELETED>    (b) Congestion Mitigation and Air Quality Improvement 
Program Eligibility.--Section 149(b)(5) of such title is amended by 
inserting ``improve transportation systems management and operations,'' 
after ``intersections,''.</DELETED>
<DELETED>    (c) Surface Transportation Program Eligibility.--Section 
133(b) of such title, as amended by section 1608 of this Act, is 
further amended by adding at the end the following:</DELETED>
        <DELETED>    ``(17) Regional transportation operations 
        collaboration and coordination activities that are associated 
        with regional improvements, such as traffic incident 
        management, technology deployment, emergency management and 
        response, traveler information, and regional congestion 
        relief.''.</DELETED>
<DELETED>    (d) Transportation Systems Management and Operations.--
Chapter 1 of such title, as amended by this Act, is further amended by 
inserting the following new section after section 164:</DELETED>
<DELETED>``Sec. 165. Transportation systems management and 
              operations</DELETED>
<DELETED>    ``(a) Authority.--To ensure efficient and effective 
transportation systems management and operations on Federal-aid 
highways, through collaboration, coordination, and real-time 
information sharing, at a regional level, between transportation system 
managers and operators, public safety officials, and the general 
public, and to manage and operate Federal-aid highways in a coordinated 
manner to preserve the capacity and maximize the performance of 
existing highway and transit facilities for travelers and carriers, the 
Secretary of Transportation may--</DELETED>
        <DELETED>    ``(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 the 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--</DELETED>
                <DELETED>    ``(A) developing a regional concept of 
                operations that defines a regional strategy shared by 
                all transportation and public safety participants for 
                how the regions' systems should be managed, operated, 
                and measured;</DELETED>
                <DELETED>    ``(B) sharing of information among 
                operators, service providers, public safety officials, 
                and the general public; and</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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 (highways, transit, public 
        safety), jurisdictions (including states, cities, counties, 
        metropolitan planning organizations), private-sector entities; 
        and the traveling public.</DELETED>
<DELETED>    ``(b) Execution.--To support the successful execution of 
transportation systems management and operations activities, the 
Secretary may undertake the following:</DELETED>
        <DELETED>    ``(1) Assist and cooperate with other Federal 
        departments and agencies, State and local governments, 
        metropolitan planning organizations, private industry, 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 general public to increase security, safety, and 
        reliability of our Federal-aid highways.</DELETED>
        <DELETED>    ``(2) Issue, if necessary, new guidance or 
        regulations for the procurement of transportation system 
        management and operations facilities, equipment, and services, 
        including but not limited to equipment procured in preparation 
        for manmade or natural disasters and emergencies, system 
        hardware, software, and software integration services. In 
        developing such guidelines, the Secretary may consider 
        innovative procurement methods that support the timely and 
        streamlined execution of transportation system management and 
        operations programs and projects.</DELETED>
        <DELETED>    ``(3) Approve for Federal financial assistance 
        from funds apportioned under section 104(b)(3) of this title 
        support for regional operations collaboration and coordination 
        activities that are associated with regional improvements, such 
        as traffic incident management, technology deployment, 
        emergency management and response, traveler information, and 
        congestion relief.''.</DELETED>
<DELETED>    (e) Conforming Amendment.--The analysis for chapter 1 of 
such title is amended by inserting after the item relating to section 
164 the following:</DELETED>

<DELETED>``165. Transportation systems management and operations.''.

<DELETED>SEC. 1702. REAL-TIME SYSTEM MANAGEMENT INFORMATION 
              PROGRAM.</DELETED>

<DELETED>    (a) Goals and Purposes.--</DELETED>
        <DELETED>    (1) Goals.--The goals of the real-time system 
        management information program are to provide the nationwide 
        capability to monitor, in real-time, the traffic and travel 
        conditions of our nation's major highways and to widely share 
        that information to improve the security of the surface 
        transportation system, address congestion problems, support 
        improved response to weather events, and facilitate national 
        and regional traveler information.</DELETED>
        <DELETED>    (2) Purposes.--The purposes of the real-time 
        system management information program are to--</DELETED>
                <DELETED>    (A) establish a nationwide system of basic 
                real-time information for managing and operating our 
                surface transportation system;</DELETED>
                <DELETED>    (B) identify longer range real-time 
                highway and transit monitoring needs and develop plans 
                and strategies for meeting those needs; and</DELETED>
                <DELETED>    (C) provide the capability and means to 
                share that data with state and local governments, and 
                the traveling public.</DELETED>
<DELETED>    (b) Data Exchange Formats.--Within one year of enactment 
of this Act, the Secretary shall establish data exchange formats to 
ensure that the data provided by highway and transit monitoring 
systems, including statewide incident reporting systems can readily be 
exchanged across jurisdictional boundaries, facilitating nationwide 
availability of information.</DELETED>
<DELETED>    (c) Statewide Incident Reporting System.--Within 2 years 
of enactment of this legislation, each State shall establish a 
statewide incident reporting system.</DELETED>
<DELETED>    (d) Regional Intelligent Transportation System 
Architecture.--</DELETED>
        <DELETED>    (1) As State and local governments develop or 
        update their regional ITS architectures, as specified in 
        section 940.9 of title 23, Code of Federal Regulations 
        (Regional ITS Architecture), they shall explicitly address 
        their real-time highway and transit information needs and the 
        systems needed to meet those needs. This specific incorporation 
        of information needs should address coverage, monitoring 
        systems, data fusion and archiving, and methods of exchanging 
        or sharing this information.</DELETED>
        <DELETED>    (2) States are encouraged to incorporate the data 
        exchange formats developed by the Secretary to ensure that the 
        data provided by highway and transit monitoring systems can 
        readily be exchanged across state and local governments, and 
        with the traveling public.</DELETED>
<DELETED>    (e) Eligilibity.--</DELETED>
        <DELETED>    (1) Use of surface transportation program funds.--
        Subject to project approval by the Secretary, a State may 
        obligate funds apportioned to it under section 104(b)(3) of 
        title 23, United States Code, for activities related to the 
        planning and deployment of real-time monitoring 
        elements.</DELETED>
        <DELETED>    (2) Use of national highway system funds.--Subject 
        to project approval by the Secretary, a State may obligate 
        funds apportioned to it under section 104(b)(1) of title 23, 
        United States Code, for activities related to the planning and 
        deployment of real-time monitoring elements.</DELETED>
        <DELETED>    (3) Use of state planning and research funds.--
        Subject to project approval by the Secretary, a State may 
        obligate funds available under section 104(i) of title 23, 
        United States Code, as amended by section 1503 of this Act, for 
        activities related to the planning of real-time monitoring 
        elements.</DELETED>
<DELETED>    (f) Definition.--In this section, the term ``statewide 
incident reporting system'' means a statewide system for facilitating 
the real-time electronic reporting of incidents to a central location 
for use in monitoring the event, providing accurate traveler 
information, and responding to the incident as appropriate.</DELETED>

<DELETED>SEC. 1703. INTELLIGENT TRANSPORTATION SYSTEMS PERFORMANCE 
              INCENTIVE PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Secretary shall establish a 
comprehensive incentive program to accelerate the integration and 
interoperability of intelligent transportation systems in order to 
improve the performance of the surface transportation system in 
metropolitan and rural areas.</DELETED>
<DELETED>    (b) Definitions.--</DELETED>
        <DELETED>    (1) Intelligent transportation systems.--The term 
        ``intelligent transportation systems'' has the meaning given 
        the term under section 5507 of this Act.</DELETED>
        <DELETED>    (2) National highway system.--The term ``National 
        Highway System'' means the Federal-aid highway system described 
        in section 103(b) of title 23, United States Code.</DELETED>
        <DELETED>    (3) Region.--The term ``region'' means any 
        geographic area that identifies the boundaries of the regional 
        Intelligent Transportation Systems architecture and is defined 
        by the needs of the participating agencies and their 
        stakeholders for the purposes of improving surface 
        transportation operations. A region may include a metropolitan 
        planning area, a corridor, a State, or multiple 
        states.</DELETED>
<DELETED>    (c) Goal.--The goal of the intelligent transportation 
systems performance incentive program is to reduce traffic congestion, 
improve transportation system reliability, provide better customer 
service to users of the highway system, and improve safety and security 
by providing financial incentives to transportation agencies to invest 
in proactively monitoring and managing the performance of the 
transportation system.</DELETED>
<DELETED>    (d) Purpose.--The purpose of the intelligent 
transportation systems performance incentive program is to support the 
deployment and integration of intelligent transportation systems based 
on the performance of these systems in improving the management and 
operation of their surface transportation systems.</DELETED>
<DELETED>    (e) Regulations.--</DELETED>
        <DELETED>    (1) Issuance.--The Secretary of Transportation 
        shall issue regulations establishing a funding formula for the 
        distribution of funds under this section.</DELETED>
        <DELETED>    (2) Basis for funding formula.--The funding 
        formula shall be based on criteria that reflect each State's--
        </DELETED>
                <DELETED>    (A) reductions in delay due to 
                incidents;</DELETED>
                <DELETED>    (B) improvements in the operation and 
                safety of signalized intersections;</DELETED>
                <DELETED>    (C) reductions in delay and improvements 
                in safety of work zones on the National Highway 
                System;</DELETED>
                <DELETED>    (D) improvements in the efficiency and 
                reliability of transit services;</DELETED>
                <DELETED>    (E) overall improvement in integrated 
                regional transportation operations;</DELETED>
                <DELETED>    (F) improvements in the quality and 
                availability of traveler information;</DELETED>
                <DELETED>    (G) improved crash notification; 
                and</DELETED>
                <DELETED>    (H) improvements in the safety and 
                productivity of commercial vehicle operations on the 
                National Highway System.</DELETED>
        <DELETED>    (3) Effective date.--The funding formula shall 
        take effect in the fiscal year established by the Secretary in 
        the regulations.</DELETED>
        <DELETED>    (4) Apportionment phase-in.--The funding formula 
        shall provide for the apportionment of funds in the following 
        manner:</DELETED>
                <DELETED>    (A) First fiscal year.--In the first 
                fiscal year that the funding formula is in effect, 50 
                percent of the sums authorized to be appropriated for 
                expenditure on the intelligent transportation systems 
                performance incentive program for that fiscal year 
                shall be apportioned according to the funding formula 
                developed under this subsection and 50 percent of the 
                amount shall be apportioned in accordance with the 
                formula set forth in section 104(b)(1)(A)(i) through 
                (iv) of title 23, United States Code.</DELETED>
                <DELETED>    (B) Second fiscal year.--In the second 
                fiscal year the funding formula is in effect, 75 
                percent of the sums authorized to be appropriated for 
                expenditure on the intelligent transportation systems 
                performance incentive program for that fiscal year 
                shall be apportioned according to the funding formula 
                developed under this subsection and 25 percent of the 
                amount shall be apportioned in accordance with the 
                formula set forth in section 104(b)(1)(A)(i) through 
                (iv) of title 23, United States Code.</DELETED>
                <DELETED>    (C) Third and subsequent fiscal years.--In 
                the third and subsequent fiscal years, the sums 
                authorized to be appropriated for expenditure on the 
                intelligent transportation systems performance 
                incentive program shall be apportioned according to the 
                funding formula developed under this 
                subsection.</DELETED>
<DELETED>    (f) Funding.--</DELETED>
        <DELETED>    (1) Applicability of title 23, united states 
        code.--Funds authorized to be appropriated under section 
        1101(a)(13) of this Act shall be available for obligation in 
        the same manner and to the same extent as if such funds were 
        apportioned under chapter 1 of title 23, United States Code, 
        except that such funds shall remain available until 
        expended.</DELETED>
        <DELETED>    (2) Federal share.--The Federal share payable 
        under section 120(b) of title 23, United States Code, shall 
        apply to any project carried out under this section.</DELETED>
<DELETED>    (g) Apportionments.--The Secretary shall apportion the 
sums authorized to be appropriated for expenditure on the intelligent 
transportation systems performance incentive program among the States 
in accordance with the formula set forth in section 104(b)(1)(A)(i) 
through (iv) of title 23, United States Code, until the fiscal year 
established by the regulation under subsection (e)(3).</DELETED>
<DELETED>    (h) Use of Funds.--Amounts apportioned under this section 
shall be used for projects involving planning, deployment, integration, 
and operation of intelligent transportation systems, or any other 
project or activity designed to further improve system operations. 
Funds apportioned to each State under this section should be made 
available for projects in metropolitan planning areas, corridors, and 
other regions as appropriate to improve operations.</DELETED>

<DELETED>SEC. 1704. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS 
              DEPLOYMENT.</DELETED>

<DELETED>    (a) In General.--The Secretary shall carry out a 
Commercial Vehicle Information Systems and Networks program to--
</DELETED>
        <DELETED>    (1) improve the safety and productivity of 
        commercial vehicles and drivers; and</DELETED>
        <DELETED>    (2) reduce costs associated with commercial 
        vehicle operations and Federal and State commercial vehicle 
        regulatory requirements.</DELETED>
<DELETED>    (b) Purpose.--The program shall advance the technological 
capability and promote the deployment of intelligent transportation 
system applications for commercial vehicle operations, including 
commercial vehicle, commercial driver, and carrier-specific information 
systems and networks.</DELETED>
<DELETED>    (c) Core Deployment Grants.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall make grants 
        to eligible States for the core deployment of Commercial 
        Vehicle Information Systems and Networks.</DELETED>
        <DELETED>    (2) Eligibility.--To be eligible for a core 
        deployment grant under this section, a State--</DELETED>
                <DELETED>    (A) shall have a Commercial Vehicle 
                Information Systems and Networks program plan and a top 
                level system design approved by the 
                Secretary;</DELETED>
                <DELETED>    (B) shall certify to the Secretary that 
                its Commercial Vehicle Information Systems and Networks 
                deployment activities, including hardware procurement, 
                software and system development, and infrastructure 
                modifications, are consistent with the national 
                intelligent transportation systems and Commercial 
                Vehicle Information Systems and Networks architectures 
                and available standards, and promote interoperability 
                and efficiency to the extent practicable; and</DELETED>
                <DELETED>    (C) shall agree to execute 
                interoperability tests developed by the Federal Motor 
                Carrier Safety Administration to verify that its 
                systems conform with the national intelligent 
                transportation systems architecture, applicable 
                standards, and protocols for Commercial Vehicle 
                Information Systems and Networks.</DELETED>
        <DELETED>    (3) Amount of grants.--The maximum aggregate 
        amount a State may receive under this section for the core 
        deployment of Commercial Vehicle Information Systems and 
        Networks may not exceed $2,500,000 million, including funds 
        received under sections 4001(e) and 5001(a)(5) and (6) of the 
        Transportation Equity Act for the 21st Century for the core 
        deployment of Commercial Vehicle Information Systems and 
        Networks.</DELETED>
        <DELETED>    (4) Use of funds.--Funds from a grant under this 
        subsection may only be used for the core deployment of 
        Commercial Vehicle Information Systems and Networks. Eligible 
        States that have either completed the core deployment of 
        Commercial Vehicle Information Systems and Networks or complete 
        such deployment before core deployment grant funds are 
        expended, may use the remaining core deployment grant funds for 
        the expanded deployment of Commercial Vehicle Information 
        Systems and Networks in their State.</DELETED>
<DELETED>    (d) Expanded Deployment Grants.--</DELETED>
        <DELETED>    (1) In general.--For each fiscal year, from the 
        funds remaining after the Secretary has made core deployment 
        grants under subsection (c) of this section, the Secretary may 
        make grants to each eligible State, upon request, for the 
        expanded deployment of Commercial Vehicle Information Systems 
        and Networks.</DELETED>
        <DELETED>    (2) Eligibility.--Each State that has completed 
        the core deployment of Commercial Vehicle Information Systems 
        and Networks is eligible for an expanded deployment 
        grant.</DELETED>
        <DELETED>    (3) Amount of grants.--Each fiscal year, the 
        Secretary may distribute funds available for expanded 
        deployment grants equally among the eligible States, but not to 
        exceed $1 million per State.</DELETED>
        <DELETED>    (4) Use of funds.--A State may use funds from a 
        grant under this subsection only for the expanded deployment of 
        Commercial Vehicle Information Systems and Networks.</DELETED>
<DELETED>    (e) Federal Share.--The Federal share of the cost of a 
project payable from funds made available to carry out this section 
shall not exceed 50 percent. The total Federal share of the cost of a 
project payable from all eligible sources shall not exceed 80 
percent.</DELETED>
<DELETED>    (f) Applicability of Title 23, United States Code.--Funds 
authorized to be appropriated under section 1101(a)(15) of this Act 
shall be available for obligation in the same manner and to the same 
extent as if such funds were apportioned under chapter 1 of title 23, 
United States Code, except that such funds shall remain available until 
expended.</DELETED>
<DELETED>    (g) Definitions.--In this section, the following 
definitions apply:</DELETED>
        <DELETED>    (1) Commercial vehicle information systems and 
        networks.--The term ``Commercial Vehicle Information Systems 
        and Networks'' means the information systems and communications 
        networks that provide the capability to--</DELETED>
                <DELETED>    (A) improve the safety of commercial 
                vehicle operations;</DELETED>
                <DELETED>    (B) increase the efficiency of regulatory 
                inspection processes to reduce administrative burdens 
                by advancing technology to facilitate inspections and 
                increase the effectiveness of enforcement 
                efforts;</DELETED>
                <DELETED>    (C) advance electronic processing of 
                registration information, driver licensing information, 
                fuel tax information, inspection and crash data, and 
                other safety information;</DELETED>
                <DELETED>    (D) enhance the safe passage of commercial 
                vehicles across the United States and across 
                international borders; and</DELETED>
                <DELETED>    (E) promote the communication of 
                information among the States and encourage multistate 
                cooperation and corridor development.</DELETED>
        <DELETED>    (2) Commercial vehicle operations.--The term 
        ``commercial vehicle operations''--</DELETED>
                <DELETED>    (A) means motor carrier operations and 
                motor vehicle regulatory activities associated with the 
                commercial movement of goods, including hazardous 
                materials, and passengers; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Core deployment.--The term ``core deployment'' 
        means the deployment of systems in a State necessary to provide 
        the State with the following capabilities:</DELETED>
                <DELETED>    (A) Safety information exchange to--
                </DELETED>
                        <DELETED>    (i) electronically collect and 
                        transmit commercial vehicle and driver 
                        inspection data at a majority of inspection 
                        sites;</DELETED>
                        <DELETED>    (ii) connect to the Safety and 
                        Fitness Electronic Records (SAFER) system for 
                        access to interstate carrier and commercial 
                        vehicle data, summaries of past safety 
                        performance, and commercial vehicle credentials 
                        information; and</DELETED>
                        <DELETED>    (iii) exchange carrier data and 
                        commercial vehicle safety and credentials 
                        information within the State and connect to 
                        Safety and Fitness Electronic Records (SAFER) 
                        for access to interstate carrier and commercial 
                        vehicle data.</DELETED>
                <DELETED>    (B) Interstate credentials administration 
                to--</DELETED>
                        <DELETED>    (i) perform end-to-end processing, 
                        including carrier application, jurisdiction 
                        application processing, and credential 
                        issuance, of at least the International 
                        Registration Plan (IRP) and International Fuel 
                        Tax Agreement (IFTA) credentials and extend 
                        this processing to other credentials, including 
                        intrastate, titling, oversize/overweight, 
                        carrier registration, and hazardous 
                        materials;</DELETED>
                        <DELETED>    (ii) connect to the International 
                        Registration Plan (IRP) and International Fuel 
                        Tax Agreement (IFTA) clearinghouses; 
                        and</DELETED>
                        <DELETED>    (iii) have at least 10 percent of 
                        the transaction volume handled electronically 
                        and have the capability to add more carriers 
                        and to extend to branch offices where 
                        applicable.</DELETED>
                <DELETED>    (C) Roadside electronic screening to 
                electronically screen transponder-equipped commercial 
                vehicles at a minimum of one fixed or mobile inspection 
                sites and to replicate this screening at other 
                sites.</DELETED>
        <DELETED>    (4) Expanded deployment.--The term ``expanded 
        deployment'' means the deployment of systems in a State that 
        exceed the requirements of an core deployment of Commercial 
        Vehicle Information Systems and Networks, improve safety and 
        the productivity of commercial vehicle operations, and enhance 
        transportation security. --</DELETED>

<DELETED>Subtitle H--Program Efficiencies and Improvements--Federal-Aid 
                         Stewardship</DELETED>

<DELETED>SEC. 1801. SURFACE TRANSPORTATION SYSTEM PERFORMANCE PILOT 
              PROGRAM.</DELETED>

<DELETED>    (a) Establishment.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall establish and 
        implement a Surface Transportation System Performance Pilot 
        Program. Subject to this section, a State may assume some or 
        all, as the Secretary and State may agree, of the Secretary's 
        responsibilities under title 23, United States Code, or assume 
        all or some, as they may agree, of the Secretary's 
        responsibilities under any Federal law, for projects 
        constructed with Federal funds under this pilot 
        program.</DELETED>
        <DELETED>    (2) Obligation of funds.--States participating in 
        this pilot program may obligate funds under sections 104(b)(1), 
        104(b)(3), 104(b)(4), 104(b)(5), 105, and 144(e) of title 23, 
        United States Code, for any purpose for which Federal funds may 
        be obligated by a State under title 23. However, the State 
        shall reserve 10 percent of the funds apportioned under section 
        104(b)(3) in each fiscal year for transportation enhancement 
        activities as specified in section 133(d)(1), as amended by 
        this Act.</DELETED>
        <DELETED>    (3) Purpose.--The purpose of this performance 
        pilot program is to demonstrate the benefits of performance-
        based management and to determine how such an approach can be 
        best incorporated into an effective Federally-assisted, State 
        administered Federal-aid highway program. The Secretary shall 
        work closely with potential pilot States to determine ways to 
        build into program-level oversight performance measures that 
        reflect both State and national interests and to apply them 
        with specific measurement of program effectiveness.</DELETED>
<DELETED>    (b) State Participation.--</DELETED>
        <DELETED>    (1) Number of participating states.--The Secretary 
        may permit up to five States to participate in the performance 
        pilot program established under subsection (a).</DELETED>
        <DELETED>    (2) Application.--To participate in the 
        performance pilot program, a State shall submit an application 
        to the Secretary that contains, at a minimum, the 
        following:</DELETED>
                <DELETED>    (A) A description of the State's long-term 
                and short-term transportation goals.</DELETED>
                <DELETED>    (B) A description of how the State will 
                address any areas of national strategic importance, as 
                may be determined by the Secretary, in reaching its 
                goals. The areas of national strategic importance must 
                include the following: national security, interstate 
                commerce, mobility, safety, and environmental 
                stewardship.</DELETED>
                <DELETED>    (C) A description of the performance 
                measures under which the State's progress and success 
                toward reaching its goals would be measured.</DELETED>
                <DELETED>    (D) A description of how funding will be 
                distributed equitably across the State, including to 
                urbanized areas with populations in excess of 200,000. 
                This would include addressing how local units of 
                government would be consulted in the process of program 
                development and implementation.</DELETED>
                <DELETED>    (E) Evidence of the State's notice and 
                solicitation of public comment and copies of comments 
                received from such solicitation.</DELETED>
                <DELETED>    (F) Such other information as the 
                Secretary may require.</DELETED>
        <DELETED>    (3) Public notice.--Each State that submits an 
        application under this subsection, shall give public notice of 
        its intent to participate in the pilot program at least 20 days 
        prior to submitting its application to the Secretary. The State 
        shall provide notice and solicit public comment by publishing 
        the entire application in accordance with the State's public 
        notice law.</DELETED>
        <DELETED>    (4) Selection criteria.--The Secretary may approve 
        the application of a State under this section only if the 
        application demonstrates how the State plans to address the 
        areas of national strategic importance as identified in 
        subsection (b)(2)(B). The Secretary will prioritize the 
        selection of applications based on the degree to which the 
        applicant's proposed goals address the areas of national 
        strategic importance, the State's ability to manage and monitor 
        its programs on a performance basis, the State's commitment to 
conduct the required evaluations, and the degree to which the 
application otherwise proposes to achieve the purposes of this 
section.</DELETED>
<DELETED>    (c) Program Elements.--</DELETED>
        <DELETED>    (1) State agreement to assume secretary's 
        responsibilities.--</DELETED>
                <DELETED>    (A) Assignment and assumption of 
                responsibilities.--The Secretary and a State may agree, 
                as provided in this section, that the Secretary will 
                assign and the State will assume some or all of the 
                responsibilities of the Secretary under any Federal law 
                or requirement, except for the responsibilities 
                relating to Federally recognized tribes, with respect 
                to any project constructed with federal funds under 
                this pilot program. The State shall assume these 
                responsibilities subject to the same procedural and 
                substantive requirements as would be required if such 
                responsibilities were carried out by the Secretary. 
                When a State assumes such responsibilities under a 
                Federal law, the State shall be solely responsible and 
                solely liable for complying with and carrying out that 
                law in lieu of the Secretary and shall submit a 
                certification as provided in subsection 
                (f)(1).</DELETED>
                <DELETED>    (B) Federal role of state.--For purposes 
                of assuming the Secretary's responsibilities under a 
                Surface Transportation System Performance Pilot 
                Program, to the extent the State is carrying out the 
                Secretary's responsibilities under the National 
                Environmental Policy Act, title 23, United States Code, 
                or any other Federal law, the State shall be deemed to 
                be a Federal agency under such laws, and shall agree 
                that its transportation department, or any other State 
                agency carrying out a responsibility of the Secretary 
                under this section, shall be subject to such Federal 
                laws to the same extent that a Federal agency would be 
                subject to such laws.</DELETED>
                <DELETED>    (C) State certification of assumption of 
                responsibilities.--Whenever a State assumes any of the 
                Secretary's responsibilities under a Federal law, the 
                State shall certify that it has laws and regulations 
                that--</DELETED>
                        <DELETED>    (i) authorize the State to take 
                        the actions necessary to carry out the 
                        responsibilities being assumed; and</DELETED>
                        <DELETED>    (ii) are comparable to the Federal 
                        Freedom of Information Act and that any 
                        decision regarding the public availability of a 
                        document under those laws is reviewable by a 
                        court of competent authority.</DELETED>
        <DELETED>    (2) Other federal agency views.--If a State 
        assumes a responsibility of the Secretary under paragraph (1) 
        of this subsection that would have required the Secretary to 
        consult with another Federal agency, the Secretary shall 
        solicit the views of such Federal agency prior to entering into 
        or renewing any program agreement.</DELETED>
        <DELETED>    (3) Maintenance of effort.--The Secretary shall 
        not make any apportionment to a State participating in this 
        performance pilot program in any fiscal year under sections 
        104(b)(1), 104(b)(3), 104(b)(4), 104(b)(5), 105, and 144(e) of 
        title 23, United States Code, unless the State enters into such 
        agreements with the Secretary as the Secretary may require to 
        ensure that the State will maintain its non-Federal 
        transportation capital expenditures in any fiscal year at or 
        above the average level of such expenditures for the preceding 
        three fiscal years.</DELETED>
        <DELETED>    (4) Federal share payable.--The Federal share 
        payable under this performance pilot program for a project 
        funded with apportionments under sections 104(b)(1), 104(b)(3), 
        104(b)(4), 104(b)(5), 105, and 144(e) of title 23, United 
        States Code, may be up to 100 percent; except that, the Federal 
        share payable for transportation enhancements under section 
        133(d)(1), shall be determined in accordance with title 23, 
        United States Code.</DELETED>
<DELETED>    (d) Program Agreement.--</DELETED>
        <DELETED>    (1) In general.--Each year prior to making any 
        apportionments to a participating State, the Secretary shall 
        enter into an agreement with the State establishing its 
        performance goals and performance measures.</DELETED>
        <DELETED>    (2) Agreement concerning participating state's 
        responsibilities.--The Secretary shall enter into one or more 
        agreements with a State selected for participation in this 
        pilot program concerning which, if any, Federal laws or 
        requirements the State will carry out under subsection (c). The 
        program agreement between the Secretary and the State shall 
        specify management responsibilities, including the role of the 
        State in relation to other Federal agencies.</DELETED>
        <DELETED>    (3) Goals.--The Secretary and participating State 
        shall agree, based on the State's priorities and the areas of 
        national strategic importance as determined by the Secretary, 
        on the long-term and short-term goals to be achieved using the 
        State's apportionments under the program.</DELETED>
        <DELETED>    (4) Performance measures.--The Secretary and the 
        State shall mutually establish the performance measures that 
        the State must meet relating to the goals identified in 
        paragraph (3) of this subsection. Continued participation in 
        the pilot program is contingent on the State meeting these 
        performance measures. If a State fails to meet the agreed upon 
        performance measures in two consecutive years, the Secretary 
        shall terminate a State's participation in the pilot 
        program.</DELETED>
        <DELETED>    (5) Compliance.--If a participating State fails to 
        comply with any provision of this section, the Secretary shall 
        take such actions as necessary to ensure compliance. Corrective 
        actions may include termination of the State's participation in 
        the pilot program.</DELETED>
<DELETED>    (e) Limitations on Agreements.--</DELETED>
        <DELETED>    (1) Civil rights.--Nothing in this section shall 
        be construed as relieving the Secretary from any of the 
        Secretary's responsibilities under title VI of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000d, et seq.).</DELETED>
        <DELETED>    (2) Major projects.--Nothing in this section shall 
        be construed as relieving the Secretary from any of the 
        Secretary's responsibilities with respect to major projects 
        under section 106(h) of title 23, United States Code.</DELETED>
        <DELETED>    (3) Statewide and metropolitan planning.--Nothing 
        in this section shall be construed as relieving the Secretary 
        from any of the Secretary's responsibilities under the 
Statewide and metropolitan planning requirements of sections 134 and 
135 of title 23, United States Code.</DELETED>
        <DELETED>    (4) Regulatory responsibilities.--Nothing in this 
        section shall be construed to allow a State to assume any of 
        the Secretary's rulemaking authority under any Federal 
        law.</DELETED>
<DELETED>    (f) State Reporting and Accountability.--A State 
participating in this pilot program shall make the following reports to 
the Secretary. A State may combine reports as appropriate.</DELETED>
        <DELETED>    (1) State certification prior to obligation of 
        funds.--As a prerequisite to the Secretary's agreement that a 
        State will fulfill or assume any of the Secretary's 
        responsibilities, and prior to the obligation of any money 
        under this pilot program in any fiscal year, the participating 
        State shall provide, and annually renew, a certification that--
        </DELETED>
                <DELETED>    (A) is in a form acceptable to the 
                Secretary;</DELETED>
                <DELETED>    (B) is executed by the Governor or the 
                State's top-ranking transportation official charged 
                with the responsibility for highway 
                construction;</DELETED>
                <DELETED>    (C) specifies that the State will fully 
                carry out any of the responsibilities it may 
                assume;</DELETED>
                <DELETED>    (D) specifies that the State consents to 
                assume the status of the Secretary under any 
                responsibility it may assume; and</DELETED>
                <DELETED>    (E) expressly consents on behalf of the 
                State and himself or herself to accept the jurisdiction 
                of the Federal courts for the compliance, discharge, 
                and enforcement of any responsibility of the Secretary 
                it may assume.</DELETED>
        <DELETED>    (2) End of fiscal year state certification.--At 
        the end of each fiscal year in which a State obligates funds 
        under this pilot program, the State shall certify that it 
        obligated such funds only for projects that would otherwise be 
        eligible for assistance under title 23. Such certification 
        shall also specify that the State reserved for obligation the 
        amounts specified in section 133(d)(1) of such title as amended 
        by this Act.</DELETED>
        <DELETED>    (3) Fiscal accountability.--Each State shall 
        provide an annual accounting for the obligations in a manner 
        determined by the Secretary in such a way as to provide a basis 
        for evaluating the effect of the pilot program 
        expenditures.</DELETED>
        <DELETED>    (4) Annual state assessment.--Each State will 
        provide to the Secretary a narrative report at the end of each 
        year describing the benefits of the pilot program to the State 
        and any suggestions for improving the pilot program.</DELETED>
<DELETED>    (g) Termination.--This pilot program shall terminate six 
years following enactment of this Act. Funding obligated under the 
pilot program shall continue to be administered under the terms of the 
pilot program until those funds have been expended.</DELETED>

<DELETED>SEC. 1802. STEWARDSHIP AND OVERSIGHT.</DELETED>

<DELETED>    (a) Section 106 of title 23, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by striking subsection (e) and inserting the 
        following:</DELETED>
<DELETED>    ``(e) Value Engineering Analysis.--</DELETED>
        <DELETED>    ``(1) Analysis.--For all projects on the National 
        Highway System with an estimated total cost of $25,000,000 or 
        more, and any project the Secretary deems appropriate, the 
        State shall provide a value engineering analysis or other cost 
        reduction analysis. For major projects as identified in 
        subsection (h) of this section, more than one such analysis may 
        be required.</DELETED>
        <DELETED>    ``(2) Definition.--In this subsection, the term 
        ``value engineering analysis'' means a systematic process of 
        review and analysis of a project during its design phase by a 
        multidisciplined team of persons not involved in the project in 
        order to provide suggestions for reducing the total cost of the 
        project and providing a project of equal or better quality. 
        Such suggestions may include combining or eliminating otherwise 
        inefficient use of expensive parts of the original proposal 
        design for the project and total redesign of the proposed 
        project using different technologies, materials, or methods so 
        as to accomplish the original purpose of the project.''; 
        and</DELETED>
        <DELETED>    (2) by striking subsections (g) and (h) and 
        inserting the following:</DELETED>
<DELETED>    ``(g) Oversight Program.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall establish 
        an oversight program to monitor the effective and efficient use 
        of funds authorized by this title. At a minimum, the program 
        shall be responsive to all areas related to financial integrity 
        and project delivery.</DELETED>
        <DELETED>    ``(2) Financial integrity.--</DELETED>
                <DELETED>    ``(A) Financial management systems.--The 
                Secretary shall perform annual reviews that address 
                elements of the State transportation departments' 
                financial management systems that affect projects 
                approved under subsection (a). Risk assessment 
                procedures shall be used to identify review 
                areas.</DELETED>
                <DELETED>    ``(B) Project costs.--The Secretary shall 
                develop minimum standards for estimating project costs, 
                and shall periodically evaluate the States' practices 
                for estimating project costs, awarding contracts, and 
                reducing project costs.</DELETED>
                <DELETED>    ``(C) Responsibility of the states.--The 
                States are responsible for determining that 
                subrecipients of Federal funds have sufficient 
                accounting controls to properly manage Federal funds. 
                The Secretary shall periodically review the States' 
                monitoring of subrecipients.</DELETED>
        <DELETED>    ``(3) Project delivery.--The Secretary shall 
        perform annual reviews that address elements of the States' 
        project delivery system, which includes one or more activities 
        that are involved in the life cycle of a project from its 
        conception to its completion. Risk assessment procedures will 
        be used to identify review areas.</DELETED>
        <DELETED>    ``(4) Responsibility of the states.--The States 
        are responsible for determining that subrecipients of Federal 
        funds have adequate project delivery systems for projects 
        approved under this section. The Secretary shall periodically 
        review the States' monitoring of subrecipients.</DELETED>
        <DELETED>    ``(5) Specific oversight responsibilities.--
        Nothing in this section shall affect or discharge any oversight 
        responsibility of the Secretary specifically provided for under 
        this title or other Federal law. In addition, the Secretary 
        shall retain full oversight responsibilities for the design and 
        construction of all Appalachian development highways under 
section 201 of the Appalachian Regional Development Act of 1965 (40 
U.S.C. App.).</DELETED>
<DELETED>    ``(h) Major Projects.--</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding any other 
        provision in this section, a recipient of Federal financial 
        assistance for a project under this title with an estimated 
        total cost of $1,000,000,000 or more, or any other project in 
        the discretion of the Secretary, shall submit to the Secretary 
        a project management plan and an annual financial 
        plan.</DELETED>
        <DELETED>    ``(2) Project management plan.--The project 
        management plan shall document the procedures and processes in 
        place to provide timely information to the project decision 
        makers to effectively manage the scope, costs, schedules, and 
        quality, and the Federal requirements of the project, and the 
        role of the agency leadership and management team in the 
        delivery of the project.</DELETED>
        <DELETED>    ``(3) Financial plan.--The financial plan shall be 
        based on detailed estimates of the cost to complete the 
        project. Annual updates shall be submitted based on reasonable 
        assumptions, as determined by the Secretary, of future 
        increases in the cost to complete the project.</DELETED>
<DELETED>    ``(i) Other Projects.--A recipient of Federal financial 
assistance for a project under this title that receives $100,000,000 or 
more in Federal assistance for such project, and that is not covered by 
subsection (h) of this section, shall prepare an annual financial plan. 
Annual financial plans prepared under this subsection shall be made 
available to the Secretary for review upon the Secretary's 
request.''.</DELETED>
<DELETED>    (b) Section 114(a) of such title is amended--</DELETED>
        <DELETED>    (1) in the first sentence by striking ``highways 
        or portions of highways located on a Federal-aid system'' and 
        inserting ``Federal-aid highway or portion thereof''; 
        and</DELETED>
        <DELETED>    (2) by striking the second sentence and inserting 
        ``The Secretary shall have the right to inspect and take any 
        corrective action as the Secretary may deem 
        appropriate.''.</DELETED>
<DELETED>    (c) Section 117 of such title is amended by striking 
subsection (d) and redesignating subsections (e), (f), (g), and (h) as 
subsections (d), (e), (f), and (g), respectively.</DELETED>
<DELETED>    (d) Section 307 of title 49, United States Code, is 
amended to read as follows:</DELETED>
<DELETED>``Sec. Sec. 307. Contractor suspension and debarment policy; 
              sharing fraud monetary recoveries</DELETED>
<DELETED>    ``(a) Mandatory Enforcement Policy.--</DELETED>
        <DELETED>    ``(1) Notwithstanding any other provision of law, 
        the Secretary shall--</DELETED>
                <DELETED>    ``(A) debar any contractor or 
                subcontractor convicted of criminal or civil offenses 
                involving fraud related to projects receiving Federal 
                highway or transit funds. The debarment period shall be 
                determined by the Secretary, as appropriate; 
                and</DELETED>
                <DELETED>    ``(B) suspend any contractor or 
                subcontractor upon their indictment for criminal or 
                civil offenses involving fraud, subject to the approval 
                of the Attorney General. The Secretary shall have 
                authority to exclude non-affiliated subsidiaries of the 
                debarred business entity, subject to the approval of 
                the Attorney General.</DELETED>
        <DELETED>    ``(2) Upon a finding that mandatory debarment or 
        suspension of a contractor or subcontractor under subsection 
        (1), above, would be contrary to the national security 
        interests of the U.S., the Secretary may waive the debarment or 
        suspension.</DELETED>
<DELETED>    ``(b) Sharing of Monetary Recoveries.--</DELETED>
        <DELETED>    ``(1) Notwithstanding any other provision of law, 
        monetary judgments accruing to the Federal government from 
        judgments in Federal criminal prosecutions and civil judgments 
        pertaining to fraud in highway and transit programs shall be 
        shared with the State or local transit agency involved. The 
        State or local transit agency shall use these funds for 
        transportation infrastructure and oversight activities related 
        to programs authorized under titles 23 and 49.</DELETED>
        <DELETED>    ``(2) The amount of recovered funds to be shared 
        with the affected State or local transit agency shall be 
        determined by the Attorney General in consultation with the 
        Secretary. These funds shall be considered Federal funds, to be 
        used in compliance with other relevant Federal transportation 
        laws and regulations. ---</DELETED>
        <DELETED>    ``(3) The requirement for sharing of funds 
        described in subparagraph (1), above, shall not be in effect in 
        circumstances wherein the State or local transit agency is 
        found by the Department of Justice, in consultation with the 
        Secretary, to have been involved or negligent with respect to 
        the fraudulent activities.''.</DELETED>
<DELETED>    (e) The analysis for chapter 3 of title 49 is amended by 
revising the entry for item 307 to read as follows:</DELETED>

<DELETED>``307. Contractor suspension and debarment policy; sharing 
                            fraud monetary recoveries.''.

<DELETED>SEC. 1803. EMERGENCY RELIEF.</DELETED>

<DELETED>    Section 125(c)(1) of title 23, United States Code, is 
amended by striking ``$100,000,000'' and inserting 
``$200,000,000''.</DELETED>

<DELETED>SEC. 1804. FEDERAL LANDS HIGHWAYS PROGRAM.</DELETED>

<DELETED>    (a) Definitions.--Section 101(a) of title 23, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (7), by striking ``public lands 
        highway'' and inserting ``recreation roads, public Forest 
        Service roads'';</DELETED>
        <DELETED>    (2) by striking paragraph (8) and inserting the 
        following:</DELETED>
        <DELETED>    ``(8) National forest system roads and trails.--
        The term `National Forest System roads and trails' means forest 
        roads or trails under the jurisdiction of the Forest 
        Service.'';</DELETED>
        <DELETED>    (3) by striking paragraph (10) and inserting the 
        following:</DELETED>
        <DELETED>    ``(10) Forest road or trail.--The term `forest 
        road or trail' means a road or trail wholly or partly within, 
        or adjacent to, and serving National Forest System lands that 
        is necessary for the protection, administration, use, and 
        development of its resources. There are four types of forest 
        roads:</DELETED>
                <DELETED>    ``(A) Classified forest road.--The term 
                `classified forest road' means a forest road that the 
                Forest Service determines to be needed for long-term 
                motor vehicle access, including State roads, county 
                roads, privately owned roads, National Forest System 
                roads, and other roads authorized by the Forest 
                Service.</DELETED>
                <DELETED>    ``(B) Unclassified forest road.--The term 
                `unclassified forest road' means a forest road not 
                managed by the Forest Service as part of the forest 
                transportation system.</DELETED>
                <DELETED>    ``(C) Temporary forest road.--The term 
                `temporary forest road' means a forest road that is 
                authorized by the Forest Service through contract, 
                permit, lease, other written authorization, or 
                emergency operation not intended to be a part of the 
                forest transportation system and not necessary for 
                long-term resource management.</DELETED>
                <DELETED>    ``(D) Public forest service road.--The 
                term `Public Forest Service Road' means a classified 
                forest road that is open to public travel for which 
                title and maintenance responsibility is vested in the 
                United States government and which has been designated 
                a public road by the Forest Service.'';</DELETED>
        <DELETED>    (4) in paragraph (26), as redesignated by this 
        Act, by striking ``unappropriated or unreserved''; 
        and</DELETED>
        <DELETED>    (5) by striking paragraph (27), as redesignated by 
        this Act, by redesignating paragraph (28) as (27), and by 
        inserting the following new paragraph:</DELETED>
        <DELETED>    ``(28) Recreation roads.--The term `recreation 
        roads' means those public roads that provide access to museums, 
        lakes, reservoirs, visitors centers, gateways to major 
        wilderness areas, public uses areas, recreation and historic 
        sites and for which title is vested in the United States 
        Government.''.</DELETED>
<DELETED>    (b) Federal Share Payable.--</DELETED>
        <DELETED>    (1) Section 120(k) of such title is amended by 
        striking ``Federal-aid highway''.</DELETED>
        <DELETED>    (2) Sections 120(k) and 120(l) of such title are 
        amended by striking ``section 104'' each time it appears, and 
        inserting in its place ``this title and chapter 53 of title 
        49''.</DELETED>
<DELETED>    (c) Payments to Federal Agencies for Federal-Aid 
Projects.--Section 132 of such title is amended by striking the first 
two sentences and inserting the following: ``Where a proposed Federal-
aid project is to be undertaken by a Federal agency pursuant to an 
agreement between a State and such Federal agency, the State may (1) 
direct the Secretary to transfer the funds for the Federal share of the 
project directly to the Federal agency, or (2) make a deposit with or 
payment to such Federal agency as may be required in fulfillment of the 
State's obligation under such agreement for the work undertaken or to 
be undertaken by such Federal agency; the Secretary, upon execution of 
a project agreement with such State for the proposed Federal-aid 
project, may reimburse the State out of the appropriate appropriations 
for the estimated Federal share, under the provisions of this title, of 
the State's obligation so deposited or paid by such State.''.</DELETED>
<DELETED>    (d) Allocations.--Section 202 of such title is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by inserting ``and 
        grasslands'' after ``national forests'' in the first 
        sentence;</DELETED>
        <DELETED>    (2) by striking subsection (b) and inserting the 
        following:</DELETED>
<DELETED>    ``(b) On October 1 of each fiscal year, the Secretary 
shall allocate the sums authorized to be appropriated for such fiscal 
year for forest highways, after making the transfer of funds provided 
for in subsection 204(g) of this title, for each fiscal year as is 
provided in section 134 of the Federal-Aid Highway Act of 1987, and 
with respect to these allocations the Secretary shall give equal 
consideration to projects that provide access to and within the 
National Forest System, as identified by the Secretary of Agriculture 
through renewable resource and land use planning and the impact of such 
planning on existing transportation facilities.''; and</DELETED>
        <DELETED>    (3) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``1999'' 
                in the heading and within paragraph (1) and inserting 
                ``2005'';</DELETED>
                <DELETED>    (B) in paragraph (2), by striking ``2000'' 
                in the heading and within paragraphs (2)(A), (2)(B), 
                and (2)(D) and inserting ``2005'', and by striking 
                ``1999'' in paragraph (2)(B) and inserting ``2004'' at 
                each place it appears;</DELETED>
                <DELETED>    (C) in paragraph (3)(A), by inserting 
                ``this chapter and section 125(e) of'' after ``under'', 
                and by adding ``and the approved Indian reservation 
                road transportation improvement program'' after 
                ``Act''; and</DELETED>
                <DELETED>    (D) in paragraph (4)(D), by striking the 
                sentence after ``Approval Requirement.'' and inserting: 
                ``Funds for preliminary engineering for Indian 
                reservation road bridge projects under this subsection 
                may be made available by the Secretary upon request by 
                a tribe or by the Secretary of the Interior. Funds for 
                construction and construction engineering shall be made 
                available only after approval of the plans, 
                specifications, and estimates by the 
                Secretary.''.</DELETED>
<DELETED>    (e) Planning and Agency Coordination.--Section 204 of such 
title is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by inserting ``refuge 
        roads,'' after ``parkways,'';</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``appropriate 
        contracts'' in the second sentence and inserting ``appropriate 
        agreements'';</DELETED>
        <DELETED>    (3) in subsection (k)--</DELETED>
                <DELETED>    (A) by striking ``(2), (5),'' and 
                inserting ``(2), (3), (5),'';</DELETED>
                <DELETED>    (B) by striking ``and'' after the 
                semicolon at the end of paragraph (1)(B);</DELETED>
                <DELETED>    (C) by striking the period after 
                ``improvements'' at the end of paragraph (1)(C) and 
                inserting a semicolon;</DELETED>
                <DELETED>    (D) by adding after paragraph (1)(C) the 
                following new subparagraphs:</DELETED>
                <DELETED>    ``(D) maintenance of public roads in 
                National Fish hatcheries under Fish and Wildlife 
                Service jurisdiction;</DELETED>
                <DELETED>    ``(E) the non-Federal share of the cost of 
                any project funded under this title or chapter 53 of 
                title 49 that provides access to or within a wildlife 
                refuge; and</DELETED>
                <DELETED>    ``(F) maintenance and improvement of 
                recreational trails, but such expenditures on trails 
                are limited to 5 percent of available funding per 
                fiscal year.''.</DELETED>
<DELETED>    (f) Safety.--</DELETED>
        <DELETED>    (1) Allocations.--Section 202 of such title is 
        amended by adding at the end the following:</DELETED>
<DELETED>    ``(f) Safety.--On October 1 of each fiscal year, the 
Secretary shall allocate the sums authorized to be appropriated for 
such fiscal year for safety as follows: 10 percent to the Bureau of 
Reclamation, 15 percent to the Bureau of Indian Affairs, 15 percent to 
the Bureau of Land Management, 15 percent to the Forest Service, 5 
percent to the Fish and Wildlife Service, 15 percent to Military 
Traffic Management Command, 15 percent to the National Park Service, 
and 10 percent to the U.S. Army Corps of Engineers. The Secretary, from 
time to time, may adjust the percentage of safety funds allocated to 
the Federal agencies listed above based on the outputs of agency safety 
management systems, other safety need analyses or/studies, and the use 
of previously allocated safety funds.''.</DELETED>
        <DELETED>    (2) Availability of funds.--Section 203 of such 
        title is amended in the first sentence by inserting ``safety,'' 
        after ``refuge roads,'' at each place it appears.</DELETED>
        <DELETED>    (3) Use of funding.--Section 204 is amended by 
        adding at the end the following:</DELETED>
<DELETED>    ``(l) Safety Activities.--</DELETED>
        <DELETED>    ``(1) In general.--Not withstanding any other 
        provision of this title, funds made available for safety shall 
        be used by the Secretary and the Secretary of the appropriate 
        Federal land management agency only to pay the cost of 
        transportation safety improvement projects, elimination of high 
        accident locations, protection or elimination of at-grade 
        railway-highway crossings, collection of safety information, 
        transportation planning, bridge inspections, development and 
        operation of safety management systems, highway safety 
        education programs, and other eligible safety activities 
        authorized in Chapter 4 of this title.</DELETED>
        <DELETED>    ``(2) Contracts.--In carrying out paragraph (1), 
        the Secretary and the Secretary of the appropriate Federal land 
        management agency, as appropriate, may enter into contracts or 
        agreements with a State, subdivision of a State, or Indian 
        tribe.</DELETED>
        <DELETED>    ``(3) Exception.--Funds allocated to the Bureau of 
        Reclamation for the purposes described in this subsection are 
        exempted from the cost-share requirements of Public Law 89-72, 
        The Federal Water Recreation Act.''.</DELETED>
<DELETED>    (g) Recreation Roads.--</DELETED>
        <DELETED>    (1) Authorizations.--Section 201 of such title is 
        amended by striking ``public lands highways'' and inserting 
        ``recreation roads''.</DELETED>
        <DELETED>    (2) Allocations.--Section 202 of such title, as 
        amended by this section, is further amended by adding at the 
        end the following:</DELETED>
<DELETED>    ``(g) Recreation Roads.--On October 1 of each fiscal year, 
the Secretary, after making the transfer provided for in subsection 
204(i) of this title, shall allocate the sums authorized to be 
appropriated for such fiscal year for recreation roads as follows: 6 
percent to the Bureau of Reclamation, 6 percent to the U.S. Army Corps 
of Engineers, 10 percent to the Bureau of Land Management, 10 percent 
to the Military Traffic Management Command, and 68 percent to the 
Forest Service. Recreation road funds shall be allocated to projects 
and activities according to the relative needs of each area served by 
these roads as indicated in the approved transportation improvement 
programs for each agency. The Secretary, from time to time, may adjust 
the percentage of recreation road funds allocated to the Federal 
agencies listed above based on the outputs of agency management 
systems, other need analyses/or studies, and the use of previously 
allocated recreation road funds.''.</DELETED>
        <DELETED>    (3) Availability of funds.--Section 203 of such 
        title is amended by striking ``public lands highways'' and 
        inserting ``recreation roads'' at each place it 
        appears.</DELETED>
        <DELETED>    (4) Use of funding.--Section 204 of such title, as 
        amended by this section, is further amended by adding at the 
        end the following:</DELETED>
<DELETED>    ``(m) Recreation Roads.--</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding any other 
        provision of this title, funds made available for recreation 
        roads shall be used by the Secretary and the Secretary of the 
        appropriate Federal land management agency only to pay the cost 
        of--</DELETED>
                <DELETED>    ``(A) maintenance or improvements of 
                existing recreation roads;</DELETED>
                <DELETED>    ``(B) maintenance and improvements of 
                eligible projects described in paragraphs (1), (2), 
                (3), (5), and (6) of subsection (h) that are located in 
                or adjacent to Federal land areas under the 
                jurisdiction of the Departments of Agriculture, 
                Defense, or the Interior;</DELETED>
                <DELETED>    ``(C) transportation planning and 
                administrative costs associated with such maintenance 
                and improvements; and</DELETED>
                <DELETED>    ``(D) the non-Federal share of the cost of 
                any project funded under this title or chapter 53 of 
                title 49 that provides access to or within Federal land 
                areas under the jurisdiction of the Departments of 
                Agriculture, Defense, or the Interior.</DELETED>
        <DELETED>    ``(2) Contracts.--In carrying out paragraph (1), 
        the Secretary and the Secretary of the appropriate Federal land 
        management agency, as appropriate, may enter into contracts or 
        agreements with a State or civil subdivision of a State or 
        Indian tribe as is determined advisable.</DELETED>
        <DELETED>    ``(3) New roads.--No funds available under this 
        section shall be used to pay the cost of the design or 
        construction of new recreation roads.</DELETED>
        <DELETED>    ``(4) Compliance with other environmental laws.--
        Maintenance and improvement projects which are funded under 
        this subsection and are consistent with or have been identified 
        in a land use plan for the Federal area do not require any 
        additional environmental reviews or assessments under the 
        National Environmental Policy Act if the Federal agency that 
        promulgated the land use plan analyzed the specific proposal 
        under the National Environmental Policy Act and there are no 
        significant changes to the proposal bearing on environmental 
        concerns and no significant new information.</DELETED>
        <DELETED>    ``(5) Exception.--Funds allocated to the Bureau of 
        Reclamation for the purposes described in this subsection are 
        exempted from the cost-share requirements of Public Law 89-72, 
        The Federal Water Recreation Act.''.</DELETED>
<DELETED>    (h) Conforming Amendments.--</DELETED>
        <DELETED>    (1) Sections 120(e) and 125(e) of title 23, United 
        States Code, are amended by inserting ``recreation roads,'' 
        after ``public lands highways,'' each place the words 
        appear.</DELETED>
        <DELETED>    (2) Sections 120(e), 125(e), 201, 202(a), 203, 
        section 205 in the heading and in subsections (a) and (d), and 
        the analysis for chapter 2 of such title are amended by 
        striking ``forest development roads'' and inserting ``National 
        Forest System roads'' each place the words appear.</DELETED>
        <DELETED>    (3) Section 204(a)(1) is amended by striking 
        ``public lands highways'' and inserting ``recreation roads, 
        forest highways'', section 204(b) is amended by striking 
        ``public lands highways'' and inserting ``recreation roads'', 
        and section 204(i) is amended by striking ``public lands 
        highways'' and inserting ``recreation roads and forest 
        highways'' each place the words appear.</DELETED>
        <DELETED>    (4) Section 217(c) is amended by striking ``public 
        lands highways'' and inserting ``refuge roads''.</DELETED>

<DELETED>SEC. 1805. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.</DELETED>

<DELETED>    (a) Apportionment.--The Secretary shall apportion funds 
made available by section 1101(a)(7) of this Act for fiscal years 2004 
through 2009 among the States based on the latest available cost to 
complete estimate for the Appalachian development highway system under 
section 201 of the Appalachian Regional Development Act of 1965 
prepared by the Appalachian Regional Commission. Such funds shall be 
available to construct highways and access roads under section 201 of 
the Appalachian Regional Development Act of 1965.</DELETED>
<DELETED>    (b) Applicability of Title 23.--Funds authorized by 
section 1101(a)(7) of this Act for the Appalachian development highway 
system shall be available for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, United States Code, 
except that the Federal share of the cost of any project under this 
section shall be determined in accordance with such section 201 and 
such funds shall remain available until expended.</DELETED>
<DELETED>    (c) Use of Toll Credits.--Section 120(j)(1) of title 23, 
United States Code is amended by adding ``and the Appalachian 
development highway system program under section 201 of the Appalachian 
Regional Development Act of 1965'' following ``(other than the 
emergency relief program authorized by section 125''.</DELETED>

<DELETED>SEC. 1806. MULTI-STATE CORRIDOR PLANNING PROGRAM.</DELETED>

<DELETED>    (a) Establishment and Purpose.--The Secretary shall 
establish and implement a program to support and encourage multi-state 
transportation planning, provide for streamlined transportation project 
development, and facilitate transportation decision-making.</DELETED>
<DELETED>    (b) Eligible Recipients.--State transportation departments 
and metropolitan planning organizations are eligible to receive and 
administer funds provided under this program.</DELETED>
<DELETED>    (c) Eligible Activities.--The Secretary shall make 
allocations under this program for multi-state highway and multi-state 
multi-modal planning studies.</DELETED>
<DELETED>    (d) Other Provisions Regarding Eligibility.--All studies 
funded under this program shall be consistent with the continuing, 
cooperative, and comprehensive planning processes required by sections 
134 and 135 of title 23, United States Code.</DELETED>
<DELETED>    (e) Selection Criteria.--The Secretary shall select 
projects based on--</DELETED>
        <DELETED>    (1) the existence and significance of signed and 
        binding multi-jurisdictional agreements;</DELETED>
        <DELETED>    (2) endorsement of the study by elected State and 
        local representatives;</DELETED>
        <DELETED>    (3) prospects for early completion of the study; 
        and</DELETED>
        <DELETED>    (4) whether the projects to be studied are located 
        on corridors identified by section 1105(c) of the Intermodal 
        Surface Transportation Efficiency Act of 1991, as amended 
        (Public Law 102-240; 105 Stat. 2032).</DELETED>
<DELETED>    (f) Program Priorities.--In administering the program, the 
Secretary shall--</DELETED>
        <DELETED>    (1) encourage and enable States and other 
        jurisdictions to work together to develop plans for multi-modal 
        and multi-jurisdictional transportation decision-making; 
        and</DELETED>
        <DELETED>    (2) give priority to studies that emphasize multi-
        modal planning, including planning for operational improvements 
        that increase mobility, freight productivity, access to marine 
        ports, safety, and security while enhancing the 
        environment.</DELETED>
<DELETED>    (g) Federal Share.--The Federal share payable, using funds 
from all Federal sources, for any study carried out under this section 
shall not exceed 80 percent of the total cost of such study, except 
that the share of funds from the Highway Trust Fund (other than the 
Mass Transit Account) shall not exceed 50 percent of the total cost of 
such study.</DELETED>
<DELETED>    (h) Applicability of Title 23 U.S.C.--Funds authorized to 
be appropriated under section 1101(a)(10) of this Act to carry out this 
section shall be available for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, United States 
Code.</DELETED>

<DELETED>SEC. 1807. BORDER PLANNING, OPERATIONS, AND TECHNOLOGY 
              PROGRAM.</DELETED>

<DELETED>    (a) Establishment and Purpose.--The Secretary shall 
establish and implement a program to support coordination and 
improvement in bi-national transportation planning, operations, 
efficiency, information exchange, safety, and security for the United 
States borders with Canada and Mexico.</DELETED>
<DELETED>    (b) Eligible Recipients.--State transportation departments 
and metropolitan planning organizations at or near an international 
land border in the States of Alaska, Arizona, California, Idaho, Maine, 
Michigan, Minnesota, Montana, New Hampshire, New Mexico, New York, 
North Dakota, Texas, Vermont and Washington, are eligible to receive 
and administer funds allocated under this program.</DELETED>
<DELETED>    (c) Eligible Activities.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall make 
        allocations under the program established in this section for 
        activities at or near international land borders in the States 
        listed in subsection (b).</DELETED>
        <DELETED>    (2) Specific activities.--The activities eligible 
        for funding under this program are--</DELETED>
                <DELETED>    (A) highway and multi-modal planning or 
                environmental studies;</DELETED>
                <DELETED>    (B) cross-border Port of Entry and safety 
                inspection improvements, including operational 
                enhancements and technology applications;</DELETED>
                <DELETED>    (C) technology and information exchange 
                activities; and</DELETED>
                <DELETED>    (D) right-of-way acquisition, design, and 
                construction, where needed to add the enhancements or 
                applications described in subparagraphs (B) and (C), or 
                to decrease air pollution emissions from vehicles or 
                inspection facilities at border crossings.</DELETED>
<DELETED>    (d) Other Provisions Regarding Eligibility.--All studies 
and projects funded under this program shall be consistent with the 
continuing, cooperative, and comprehensive planning processes required 
by sections 134 and 135 of title 23, United States Code. All regionally 
significant projects that are part of such applications must be on the 
transportation plans and program required by sections 134 and 135 of 
title 23, United States Code.</DELETED>
<DELETED>    (e) Selection Criteria.--The Secretary shall select 
projects based on---</DELETED>
        <DELETED>    (1) expected benefits, including air quality 
        benefits, of the project in relation to its costs;</DELETED>
        <DELETED>    (2) prospects for early completion of the study or 
        project;</DELETED>
        <DELETED>    (3) endorsement of the project by formally 
        constituted bi-national organizations with both Federal and 
        State or provincial representation;</DELETED>
        <DELETED>    (4) the existence and significance of signed and 
        binding multi-jurisdictional agreements;</DELETED>
        <DELETED>    (5) contributions of other title 23 funds and non-
        title 23 funds above the minimum required; and</DELETED>
        <DELETED>    (6) the extent to which the project benefits are 
        multi-modal.</DELETED>
<DELETED>    (f) Program Priorities.--In administering the program, the 
Secretary shall emphasize multi-modal planning; infrastructure 
improvements; and operational improvements that increase safety, 
security, freight movement, or highway access to rail, marine, and air 
services while enhancing the environment.</DELETED>
<DELETED>    (g) Federal Share.--The Federal share payable on account 
of any project carried out under this section shall not exceed 80 
percent of the total cost of such project.</DELETED>
<DELETED>    (h) Applicability of Title 23 U.S.C.--Funds authorized to 
be appropriated under section 1101(1)(11) of this Act to carry out this 
section shall be available for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, United States 
Code.</DELETED>
<DELETED>    (i) Allocation of Funds.--No individual project whose 
scope of work is limited to information exchange shall receive an 
allocation greater than $500,000 in a single year.</DELETED>
<DELETED>    (j) Projects in Canada or Mexico.--Projects in Canada or 
Mexico proposed by one or more border States that directly and 
predominantly facilitate cross border vehicle and commercial cargo 
movements at the international gateways or ports of entry into the 
border region(s) of such State(s), may be constructed using funds 
allocated under this program provided that, prior to the obligation of 
such funds, Canada or Mexico, or the political subdivision thereof 
responsible for the operation of the facility to be constructed, has 
provided assurances satisfactory to the Secretary that any facility 
constructed under this subsection will be constructed to standards 
equivalent to those in the United States and properly maintained and 
used over the useful life of the facility for the purpose for which the 
Secretary allocated funds to such project.</DELETED>
<DELETED>    (k) Set-Aside.--The Secretary shall set-aside $47,000,000 
of the funds authorized for fiscal year 2004 under section 1101(a)(11) 
of this Act for construction of State border safety inspection 
facilities in the States of Arizona, California, New Mexico, and 
Texas.</DELETED>
<DELETED>    (l) Transfer of Funds to the General Services 
Administration.--</DELETED>
        <DELETED>    (1) State funds.--At the request of a State, funds 
        allocated under this section may be transferred to the General 
        Services Administration for the purpose of funding a specific 
        project or projects if the Secretary determines, after 
        consultation with the State transportation department as 
        appropriate, that the General Services Administration should 
        carry out the project or projects and the General Services 
        Administration agrees to accept the transfer of funds and to 
        administer those funds. The State shall provide the 20 percent 
        non-Federal share of the project cost, as required under 
        subsection (g) of this section, directly to the General 
        Services Administration. Funds so transferred or provided shall 
        not be deemed to be an augmentation of the General Services 
        Administration's appropriations and shall be administered under 
        that agency's procedures, except the transferred funds shall be 
        available for obligation in the same manner as if such funds 
        were apportioned under chapter 1 of title 23, United States 
        Code. Obligation authority shall be transferred to the General 
        Services Administration in the same manner and amount as the 
        allocated funds transferred for the projects.</DELETED>
        <DELETED>    (2) Direct transfer of authorized funds.--In 
        addition to allocations to States and metropolitan planning 
        organizations as provided in subection (b), the Secretary may 
        transfer funds made available to carry out this section to the 
        General Services Administration for construction of 
        transportation infrastructure projects at or near the border in 
        the States identified in subsection (b), if the Secretary 
        determines that such transfer is necessary to effectively carry 
        out the purposes of this program and the General Services 
        Administration agrees to accept the transfer of funds and to 
        administer those funds. Funds so transferred shall not be 
        deemed to be an augmentation of the General Services 
        Administration's appropriations and shall be administered under 
        that agency's procedures, except the transferred funds shall be 
        available for obligation in the same manner as if such funds 
        were apportioned under chapter 1 of title 23, United States 
        Code. Section 120 of title 23, United States Code, shall not 
        apply to funds so transferred. Obligation authority shall be 
        transferred to the General Services Administration in the same 
        manner and amount as the funds transferred.</DELETED>

<DELETED>SEC. 1808. TERRITORIAL HIGHWAY PROGRAM AMENDMENTS.</DELETED>

<DELETED>    (a) Definitions.--Section 101(a) of title 23, United 
States Code, as amended by this Act, is further amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (36) through (38) 
        as paragraphs (37) through (39) respectively, and</DELETED>
        <DELETED>    (2) by adding the following new paragraph after 
        paragraph (35):</DELETED>
        <DELETED>    ``(36) Territorial highway system.--The term 
        `territorial highway system' means the system of arterial 
        highways, collector roads, and necessary inter-island 
        connectors in the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands that have 
been designated by the Governor and approved by the Secretary as 
provided in section 215 of this title.''.</DELETED>
<DELETED>    (b) Funding.--Section 104(b)(1)(A) of title 23, United 
States Code, is amended by striking ``to the Virgin Islands, Guam, 
American Samoa, and the Commonwealth of Northern Mariana Islands'' and 
inserting ``for the territorial highway program authorized under 
section 215 of this title''.</DELETED>
<DELETED>    (c) Eligible Projects.--Section 103(b)(6)(P) of title 23, 
United States Code, is amended to read as follows:</DELETED>
        <DELETED>    ``(P) Projects eligible for assistance under the 
        territorial highway program as provided in section 215 of this 
        title.''.</DELETED>
<DELETED>    (d) Territorial Highway Program.--Chapter 2 of title 23, 
United States Code, is amended by striking section 215 and inserting 
the following:</DELETED>
<DELETED>``Sec. 215. Territorial highway program</DELETED>
<DELETED>    ``(a) In General.--Recognizing the mutual benefits that 
will accrue to the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands, and to the United States 
from the improvement of highways in such territories of the United 
States, the Secretary is authorized to assist each such territorial 
government in a program for the construction and improvement of a 
system of arterial and collector highways, and necessary inter-island 
connectors designated by the Governor of such territory and approved by 
the Secretary. Federal financial assistance shall be granted under this 
section in accordance with section 120(h) of this title.</DELETED>
<DELETED>    ``(b) Technical Assistance.--In order to continue a long-
range highway development program, the Secretary is authorized to 
provide technical assistance to the territorial governments to enable 
them to, on a continuing basis, engage in highway planning, conduct 
environmental evaluations, administer right-of-way acquisition and 
relocation assistance programs, and design, construct, operate, and 
maintain a system of arterial and collector highways, including 
necessary inter-island connectors. The technical assistance to be 
provided and the terms for sharing information among the territories 
shall be set forth in the agreement required by subsection (d) of this 
section.</DELETED>
<DELETED>    ``(c) Applicability of Chapter 1.--The provisions of 
chapter 1 of this title (other than provisions related to the 
apportionment and allocation of funds) shall apply to funds authorized 
to be appropriated for the territorial highway program, except as 
determined by the Secretary to be inconsistent with the needs of the 
territories and the intent of the territorial highway program. The 
specific sections of chapter 1 that are applicable to each territory 
and the extent of their applicability shall be identified in the 
agreement provided for in subsection (d) of this section.</DELETED>
<DELETED>    ``(d) Agreement.--</DELETED>
        <DELETED>    ``(1) Except as provided in paragraph (3) of this 
        subsection, no part of the appropriations authorized for the 
        territorial highway program shall be available for obligation 
        or expenditure with respect to any territory until the Governor 
        enters into a new agreement with the Secretary, within 12 
        months after the effective date of this Act, providing that the 
        government of such territory shall--</DELETED>
                <DELETED>    ``(A) implement the territorial highway 
                program in accordance with the appropriate provisions 
                of chapter 1 of this title, as provided for in 
                subsection (c) of this section;</DELETED>
                <DELETED>    ``(B) design and construct a system of 
                arterial and collector highways, including necessary 
                interisland connectors, built in accordance with 
                standards appropriate for each territory and approved 
                by the Secretary;</DELETED>
                <DELETED>    ``(C) provide for the maintenance of 
                facilities constructed or operated under provisions of 
                this section in a condition to adequately serve the 
                needs of present and future traffic; and</DELETED>
                <DELETED>    ``(D) implement standards for traffic 
                operations and uniform traffic control devices that are 
                approved by the Secretary.</DELETED>
        <DELETED>    ``(2) The new agreement required by paragraph (1) 
        of this subsection also shall specify the kind of technical 
        assistance to be provided, include appropriate provisions 
        regarding information sharing among the territories, and 
        delineate the oversight role and responsibilities of the 
        territories and the Secretary. The agreement shall be re-
        evaluated every two years and modified as 
        appropriate.</DELETED>
        <DELETED>    ``(3) Agreements in effect on the effective date 
        of this Act shall continue in force until replaced, as required 
        by paragraph (1) of this subsection, and appropriations 
        authorized for the program shall be available for obligation or 
        expenditure while the agreements are in place.</DELETED>
<DELETED>    ``(e) Permissible Uses of Funds.--</DELETED>
        <DELETED>    ``(1) Funds made available for the territorial 
        highway program may be used only for--</DELETED>
                <DELETED>    ``(A) eligible surface transportation 
                program projects described in section 133(b) of this 
                title;</DELETED>
                <DELETED>    ``(B) cost effective preventive 
                maintenance consistent with the requirements of section 
                116 of this title;</DELETED>
                <DELETED>    ``(C) ferry boats, terminal facilities, 
                and approaches, as provided for in section 129(b) and 
                (c) of this title;</DELETED>
                <DELETED>    ``(D) engineering and economic surveys and 
                investigations for the planning of future highway 
                programs and the financing thereof;</DELETED>
                <DELETED>    ``(E) studies of the economy, safety, and 
                convenience of highway usage and the desirable 
                regulation and equitable taxation thereof; 
                and</DELETED>
                <DELETED>    ``(F) research and development, necessary 
                in connection with the planning, design, and 
                maintenance of the highway system, and the regulation 
                and taxation of their use.</DELETED>
        <DELETED>    ``(2) None of the appropriations authorized for 
        the territorial highway program shall be obligated or expended 
        for routine maintenance.</DELETED>
<DELETED>    ``(f) Location of Projects.--Except as provided in 
subsection (b)(1) of section 133 of this title, territorial highway 
projects (other than those described in subsection (b)(3) and (4) of 
section 133 of this title) may not be undertaken on roads functionally 
classified as local.''.</DELETED>
<DELETED>    (h) Conforming Amendments.--The analysis of chapter 2 of 
title 23 is amended by revising the item relating to section 215 to 
read as follows:</DELETED>

<DELETED>``215. Territorial highway program.''.

<DELETED>SEC. 1809. FUTURE INTERSTATE SYSTEM ROUTES.</DELETED>

<DELETED>    (a) Written Agreement of States.--Section 103(c)(4)(B)(ii) 
of title 23, United States Code, is amended by striking ``12'' and 
inserting ``25''.</DELETED>
<DELETED>    (b) Removal of Designation.--Section 103(c)(4)(B)(iii)(I) 
of such title is amended--</DELETED>
        <DELETED>    (1) by striking ``in the agreement between the 
        Secretary and the State or States''; and</DELETED>
        <DELETED>    (2) by adding at the end the following: ``An 
        agreement entered into under clause (ii) prior to the enactment 
        of the Safe, Accountable, Flexible, and Efficient 
        Transportation Equity Act of 2003 shall be deemed to include 
        the 25 year time limitation, notwithstanding an earlier 
        construction completion date in that agreement.''.</DELETED>

<DELETED>SEC. 1810. DONATIONS AND CREDITS.</DELETED>

<DELETED>    Section 323 of title 23, United States Code, is amended 
by--</DELETED>
        <DELETED>    (1) inserting ``or a local government from 
        offering to donate funds, materials or services performed by 
        local government employees,'' after ``services'' in the first 
        sentence of subsection (c); and</DELETED>
        <DELETED>    (2) striking subsection (e).</DELETED>

<DELETED>SEC. 1811. DISADVANTAGED BUSINESS ENTERPRISES.</DELETED>

<DELETED>    (a) General Rule.--Except to the extent that the Secretary 
determines otherwise, not less than 10 percent of the amounts made 
available for any program under titles I, III, and V of this Act shall 
be expended with small business concerns owned and controlled by 
socially and economically disadvantaged individuals.</DELETED>
<DELETED>    (b) Definitions.--In this section, the following 
definitions apply:</DELETED>
        <DELETED>    (1) Small business concern.--The term ``small 
        business -concern'' has the meaning such term has under section 
        3 of the Small Business -Act (15 U.S.C. 632); except that such 
        term shall not include any concern or group of concerns 
        controlled by the same socially and economically disadvantaged 
        individual or individuals which has average annual gross 
        receipts over the preceding 3 fiscal years in excess of 
        $17,420,000, as adjusted by the Secretary for 
        inflation.</DELETED>
        <DELETED>    (2) Socially and economically disadvantaged 
        individuals.--The term ``socially and economically 
        disadvantaged individuals'' has the meaning such term has under 
        section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and 
        relevant subcontracting regulations promulgated pursuant 
        thereto; except that women shall be presumed to be socially and 
        economically disadvantaged individuals for purposes of this 
        section.</DELETED>
<DELETED>    (c) Annual Listing of Disadvantaged Business 
Enterprises.--Each State shall annually survey and compile a list of 
the small business concerns referred to in subsection (a) and the 
location of such concerns in the State and notify the Secretary, in 
writing, of the percentage of such concerns which are controlled by 
women, by socially and economically disadvantaged individuals (other 
than women), and by individuals who are women and are otherwise 
socially and economically disadvantaged individuals.</DELETED>
<DELETED>    (d) Uniform Certification.--The Secretary shall establish 
minimum uniform criteria for State governments to use in certifying 
whether a concern qualifies for purposes of this subsection. Such 
minimum uniform criteria shall include, but not be limited to, on-site 
visits, personal interviews, licenses, analysis of stock ownership, 
listing of equipment, analysis of bonding capacity, listing of work 
completed, resume of principal owners, financial capacity, and type of 
work preferred.</DELETED>
<DELETED>    (e) Compliance With Court Orders.--Nothing in this section 
limits the eligibility of an entity or person to receive funds made 
available under titles I, III, and V of this Act, if the entity or 
person is prevented, in whole or in part, from complying with 
subsection (a) because a Federal court issues a final order in which 
the court finds that the requirement of subsection (a), or the program 
established under subsection (a), is unconstitutional.</DELETED>

<DELETED>SEC. 1812. HIGHWAY BRIDGE PROGRAM.</DELETED>

<DELETED>    (a) Program Name.--Section 144 of title 23, United States 
Code, is amended in the section heading by striking ``replacement and 
rehabilitation''.</DELETED>
<DELETED>    (b) In General.--Section 144(a) of such title is amended 
to read as follows:</DELETED>
<DELETED>    ``(a) Congress hereby finds and declares it to be in the 
vital interest of the Nation that a highway bridge program be 
established to enable the several States to improve the condition of 
their bridges through replacement, rehabilitation, and systematic 
preventative maintenance on highway bridges over waterways, other 
topographical barriers, other highways, or railroads when the States 
and the Secretary find that a bridge is unsafe because of structural 
deficiencies, physical deterioration, or functional 
obsolescence.''.</DELETED>
<DELETED>    (c) Scour Countermeasures.--Section 144(d) of such title 
is amended to read as follows:</DELETED>
<DELETED>    ``(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 subsections (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, seismic 
retrofit, or preventative 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 preventative 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. 
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 preventative 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.''.</DELETED>
<DELETED>    (d) Apportionment Formula.--Section 144(e) of such title 
is amended--</DELETED>
        <DELETED>    (1) in the third sentence by striking ``square 
        footage'' and inserting ``area'';</DELETED>
        <DELETED>    (2) in the fourth sentence by striking ``by the 
        total cost of any highway bridges constructed under subsection 
        (m) in such State, relating to replacement of destroyed bridges 
        and ferryboat services, and,'' and by striking ``1997'' and 
        inserting ``2003''; and</DELETED>
        <DELETED>    (3) by striking ``the Federal-aid primary system'' 
        and inserting ``Federal-aid highways''.</DELETED>
<DELETED>    (e) Discretionary Bridge Program.--Section 144(g) of such 
title is amended--</DELETED>
        <DELETED>    (1) by striking ``Set Asides.'' in the heading of 
        (g) and all that follows through paragraph (2)(B);</DELETED>
        <DELETED>    (2) by striking ``(3)'' and redesignating 
        paragraph (3) as subsection (g); and</DELETED>
        <DELETED>    (3) in subsection (g), as redesignated, by--
        </DELETED>
                <DELETED>    (A) striking ``nor more than 35 
                percent'';</DELETED>
                <DELETED>    (B) striking ``1987'' and inserting 
                ``2004'';</DELETED>
                <DELETED>    (D) striking ``2003'' and inserting 
                ``2009''; and</DELETED>
                <DELETED>    (E) striking ``paint'' and inserting 
                ``perform systematic preventative 
                maintenance''.</DELETED>
<DELETED>    (f) Inventories and Reports.--Section 144(i) of such title 
is amended--</DELETED>
        <DELETED>    (1) in paragraph (3), by striking 
        ``and'';</DELETED>
        <DELETED>    (2) in paragraph (4), by striking ``section.'' and 
        inserting ``section; and''; and</DELETED>
        <DELETED>    (3) after paragraph (4), by striking ``Such 
        reports shall be submitted to such committees biennially at the 
        same time as the report required by section 307(f)(1) of this 
        title is submitted to Congress.'' and inserting the 
        following:</DELETED>
        <DELETED>    ``(5) submit reports required by this subsection 
        to such committees biennially at the same time as the report 
        required by section 502(g) of this title.''.</DELETED>
<DELETED>    (g) Off-System Bridge Program.--Section 144(n) of such 
title is amended by inserting ``general engineering'' between ``all'' 
and ``standards''.</DELETED>
<DELETED>    (h) Historic Bridge Program.--Section 144(o) of such title 
is amended--</DELETED>
        <DELETED>    (1) in paragraph (3), by striking ``title 
        (including this section)'' and inserting ``section'' and by 
        inserting ``200 percent of'' after ``shall not exceed''; 
        and</DELETED>
        <DELETED>    (2) in paragraph (4), by inserting ``200 percent 
        of'' after ``not to exceed'', and by striking ``title'' at the 
        end of the paragraph and inserting ``section''.</DELETED>
<DELETED>    (i) Water Resources Projects.--Section 144 of such title 
is further amended by adding at the end the following:</DELETED>
<DELETED>    ``(r) Notwithstanding any other provision of law, any 
bridge funded under this title shall not be considered a `water 
resources project' as that term is used in the Wild and Scenic Rivers 
Act (16 U.S.C. 1271-1287).''.</DELETED>
<DELETED>    (j) Conforming Amendment.--The analysis for chapter 1 of 
title 23 is amended in the item relating to section 144 by striking 
``replacement and rehabilitation''.</DELETED>

<DELETED>SEC. 1813. DESIGN-BUILD.</DELETED>

<DELETED>    Section 112(b)(3) of title 23, United States Code, is 
amended by striking subparagraph (C) and inserting the following in its 
place:</DELETED>
                <DELETED>    ``(C) Qualified projects.--A qualified 
                project 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.''.</DELETED>

<DELETED>SEC. 1814. INTERNATIONAL FERRIES.</DELETED>

<DELETED>    Section 129(c)(5) of title 23, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by striking ``and'' the first place it appears 
        in the first sentence, and inserting a comma;</DELETED>
        <DELETED>    (2) by adding ``, and the islands that comprise a 
        territory of the United States'' after ``Puerto Rico'' in the 
        first sentence; and</DELETED>
        <DELETED>    (3) by adding ``operations between the islands 
        which comprise a territory of the United States,'' after 
        ``Puerto Rico,'' in the second sentence.</DELETED>

<DELETED>SEC. 1815. ASSUMPTION OF RESPONSIBILITY FOR TRANSPORTATION 
              ENHANCEMENTS, RECREATIONAL TRAILS, AND TRANSPORTATION AND 
              COMMUNITY AND SYSTEM PRESERVATION PROGRAM 
              PROJECTS.</DELETED>

<DELETED>    (a) In General.--Chapter 1 of title 23, United States 
Code, as amended by this Act, is further amended by inserting the 
following new section after section 165:</DELETED>
<DELETED>``Sec. 166. Assumption of responsibility for transportation 
              enhancements, recreational trails, and transportation, 
              community, and system preservation program 
              projects</DELETED>
<DELETED>    ``(a) Assumption of Secretary's Responsibilities Under 
Applicable Federal Laws.--</DELETED>
        <DELETED>    ``(1) In general.--Upon mutual agreement the 
        Secretary may assign, and the State may assume, any of the 
        Secretary's responsibilities (except responsibilities relating 
        to Federally recognized tribes) for environmental reviews, 
        consultation, decision-making or other actions under any 
        Federal law applicable to projects that--</DELETED>
                <DELETED>    ``(A) are funded under section 104(h) or 
                section 167 of this title; or</DELETED>
                <DELETED>    ``(B) meet the definition of a 
                transportation enhancement activity as set forth in 
                section 101(a)(38) of this title.</DELETED>
        <DELETED>    ``(2) Limitations.--The State shall assume these 
        responsibilities subject to the same procedural and substantive 
        requirements as would be required if such responsibilities were 
        carried out by the Secretary. When a State assumes any 
        responsibility under a Federal law pursuant to this section, it 
        assents to Federal jurisdiction and shall be solely responsible 
        and solely liable for complying with and carrying out that law 
        in lieu of the Secretary.</DELETED>
<DELETED>    ``(b) Agreements.--The Secretary and the State shall enter 
into a memorandum of understanding setting forth the responsibilities 
to be assigned under this section and the terms and conditions under 
which such assignments are to be made. In the memorandum of 
understanding the State shall consent to accept the jurisdiction of the 
Federal courts for the compliance, discharge, and enforcement of any 
responsibility of the Secretary it may assume. Such memoranda of 
understanding shall be established for periods of no more than three 
years. The Secretary shall review and determine compliance with the 
memorandum of understanding and the laws assigned by it to the State on 
an annual basis for the first three years of the agreement and, 
subsequently, on a periodic basis to be determined by mutual agreement 
but no longer than every three years.</DELETED>
<DELETED>    ``(c) Termination.--The Secretary may terminate any 
assignment of responsibility under this section upon a determination 
that a State is not adequately meeting the terms and conditions of the 
memorandum of understanding.</DELETED>
<DELETED>    ``(d) State Defined.--For the recreational trails program, 
``State'' means the State agency designated by the Governor of the 
State in accordance with section 206(c)(1) of this title.</DELETED>
<DELETED>    ``(e) Preservation of Public Interest Consideration.--
Nothing contained in this section shall be construed to limit the 
requirements under any applicable law providing for the consideration 
and preservation of the public interest, including public participation 
and community values in transportation decision-making.</DELETED>
<DELETED>    ``(f) State Subject to Federal Laws.--For purposes of 
assuming the Secretary's responsibilities under this section, the State 
agency signing the agreement in subsection (c) is deemed to be a 
Federal agency to the extent the State is carrying out the Secretary's 
responsibilities under the National Environmental Policy Act, under 
this title, and under any other Federal law.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The analysis for chapter 1 of 
title 23, United States Code, as amended by this Act, is further 
amended by inserting after the item relating to section 165 the 
following:</DELETED>

<DELETED>``166. Assumption of responsibility for transportation 
                            enhancements, recreational trails, and 
                            transportation and community and system 
                            preservation program projects.''.

<DELETED>SEC. 1816. TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION 
              PROGRAM.</DELETED>

<DELETED>    (a) Transportation, Community, and System Preservation 
Program.--Chapter 1 of title 23, United States Code, as amended by this 
Act, is further amended by inserting the following new section after 
section 166:</DELETED>
<DELETED>``Sec. 167. Transportation, community, and system preservation 
              program</DELETED>
<DELETED>    ``(a) Establishment and Purpose.--The Secretary shall 
establish a comprehensive program to investigate and address the 
relationships between transportation and community and system 
preservation and identify private sector-based initiatives. Through 
this program, the Secretary shall facilitate the planning, development, 
and implementation of strategies by States, metropolitan planning 
organizations, federally-recognized tribes, and local governments to 
integrate transportation, community, and system preservation plans and 
practices that address one or more of the following:</DELETED>
        <DELETED>    ``(1) Improve the efficiency of the transportation 
        system.</DELETED>
        <DELETED>    ``(2) Reduce the impacts of transportation on the 
        environment.</DELETED>
        <DELETED>    ``(3) Reduce the need for costly future 
        investments in public infrastructure.</DELETED>
        <DELETED>    ``(4) Provide efficient access to jobs, services, 
        and centers of trade.</DELETED>
        <DELETED>    ``(5) Examine development patterns and identify 
        strategies to encourage private sector development patterns 
        which achieve the goals identified in paragraphs (1) through 
        (4).</DELETED>
<DELETED>    ``(b) Funding.--Funds authorized to be apportioned under 
section 104(q) of this title shall be available to carry out the 
provisions of this section.''.</DELETED>
<DELETED>    (b) Section 104 of such title is amended by adding after 
subsection (p), as added by this Act, the following:</DELETED>
<DELETED>    ``(q) Transportation, Community, and System Preservation 
Program.--</DELETED>
        <DELETED>    ``(1) Set-aside.--On October 1 of each fiscal year 
        for fiscal years 2004 through 2009, the Secretary, after making 
        the deductions authorized by subsections (a) and (f), shall set 
        aside $26,000,000 of the remaining funds authorized to be 
        apportioned under subsection (b)(3) for carrying out the 
        Transportation, Community, and System Preservation Program 
        under section 167 of this chapter.</DELETED>
        <DELETED>    ``(2) Apportionment.--</DELETED>
                <DELETED>    ``(A) From amounts set aside under 
                paragraph (1), the Secretary shall apportion $500,000 
                each fiscal year to each State, including the District 
                of Columbia and Puerto Rico, to carryout the provisions 
                of section 167.</DELETED>
                <DELETED>    ``(B) A State shall also make funds 
                apportioned under this subsection available to 
                metropolitan planning organizations, federally 
                recognized tribes, and local governments in a manner 
                and amounts to be determined by the State to carryout 
                the provisions of section 167.''.</DELETED>
<DELETED>    (c) Conforming Amendment.--The analysis for chapter 1 of 
title 23, United States Code, as amended by this Act, is further 
amended by inserting after the item relating to section 166 the 
following:</DELETED>

<DELETED>``167. Transportation, community, and system preservation 
                            program.''.

<DELETED>SEC. 1817. PROGRAM EFFICIENCES--FINANCE.</DELETED>

<DELETED>    Section 115 of title 23, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by striking ``(a)'' and all that follows 
        through subsection (a)(1)(B);</DELETED>
        <DELETED>    (2) by striking subsection (b);</DELETED>
        <DELETED>    (3) by redesignating subsection (c) as subsection 
        (d);</DELETED>
        <DELETED>    (4) by redesignating subsections (a)(2), 
        (a)(2)(A), and (a)(2)(B) as subsections (c), (c)(1), and (c)(2) 
        respectively; and</DELETED>
        <DELETED>    (5) by inserting after the section heading the 
        following:</DELETED>
<DELETED>    ``(a) The Secretary may authorize a State to proceed with 
a project authorized under this title without the aid of Federal funds 
in accordance with all procedures and all requirements applicable to 
such a project, except insofar as such procedures and requirements 
limit the State to implementation of projects with the aid of Federal 
funds previously apportioned or allocated to it or limit a State to 
implementation of a project with obligation authority previously 
allocated to it.</DELETED>
<DELETED>    ``(b) The Secretary, upon the request of the State and 
execution of a project agreement, may obligate the Federal share, or a 
portion of the Federal share, of the cost of a project authorized under 
this section from any category of funds for which the project is 
eligible.''.</DELETED>

 <DELETED>Subtitle I--Technical Corrections to Title 23, United States 
                             Code</DELETED>

<DELETED>SEC. 1901. REPEAL OR UPDATE OF OBSOLETE TEXT.</DELETED>

<DELETED>    (a) Letting of Contracts.--Section 112 of title 23, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) by striking subsection (f); and</DELETED>
        <DELETED>    (2) by redesignating subsection (g) as subsection 
        (f).</DELETED>
<DELETED>    (b) Fringe and Corridor Parking Facilities.--Section 
137(a) of title 23, United States Code, is amended in the first 
sentence by striking ``on the Federal-aid urban system'' and inserting 
``on a Federal-aid highway''.</DELETED>
<DELETED>    (c) Repeal of Obsolete Sections of Title 23.--</DELETED>
        <DELETED>    (1) Priority primary routes.--Section 147 of title 
        23, United States Code, is repealed.</DELETED>
        <DELETED>    (2) Development of a national scenic and 
        recreational highway.--Section 148 of title 23, United States 
        Code, is repealed.</DELETED>
        <DELETED>    (3) Access highways to public recreation areas on 
        certain lakes.--Section 155 of title 23, United States Code, is 
        repealed.</DELETED>
        <DELETED>    (4) Conforming amendments.--The analysis for 
        chapter 1 of title 23, United States Code, is amended by 
        striking the items relating to sections 147, 148, and 
        155.</DELETED>

<DELETED>SEC. 1902. CLARIFICATION OF DATE.</DELETED>

<DELETED>    Section 109(g) of title 23, United States Code, is amended 
in the first sentence by striking ``the day of enactment of the 
Federal-Aid Highway Act of 1970'' and inserting ``December 31, 
1970,''.</DELETED>

<DELETED>SEC. 1903. INCLUSION OF REQUIREMENTS FOR SIGNS IDENTIFYING 
              FUNDING SOURCES IN TITLE 23.</DELETED>

<DELETED>    (a) In General.--Section 154 of the Federal-Aid Highway 
Act of 1987 (23 U.S.C. 101 note; 101 Stat. 209) is--</DELETED>
        <DELETED>    (1) transferred to title 23, United States 
        Code;</DELETED>
        <DELETED>    (2) redesignated as section 321;</DELETED>
        <DELETED>    (3) moved to appear after section 320 of that 
        title; and</DELETED>
        <DELETED>    (4) amended by striking the section heading and 
        inserting the following:</DELETED>
<DELETED>``Sec. 321. Signs identifying funding sources''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The analysis for chapter 3 of 
title 23, United States Code, is amended by inserting after the item 
relating to section 320 the following:</DELETED>

<DELETED>``321. Signs identifying funding sources.''.

<DELETED>SEC. 1904. INCLUSION OF ``BUY AMERICA'' REQUIREMENTS IN TITLE 
              23.</DELETED>

<DELETED>    (a) In General.--Section 165 of the Highway Improvement 
Act of 1982 (23 U.S.C. 101 note; 96 Stat. 2136) is--</DELETED>
        <DELETED>    (1) transferred to title 23, United States 
        Code;</DELETED>
        <DELETED>    (2) redesignated as section 313;</DELETED>
        <DELETED>    (3) moved to appear after section 312 of that 
        title; and</DELETED>
        <DELETED>    (4) amended by striking the section heading and 
        inserting the following:</DELETED>
<DELETED>``Sec. 313. Buy America''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (1) The analysis for chapter 3 of title 23,United 
        States Code, is amended by inserting after the item relating to 
        section 320 the following:</DELETED>

<DELETED>``313. Buy America.''.
        <DELETED>    (2) Section 313 of title 23, United States Code 
        (as added by subsection (a)), is amended--</DELETED>
                <DELETED>    (A) in subsection (a), by striking ``any 
                funds authorized to be appropriated by this Act or by 
                any Act amended by this Act or, after the date of 
                enactment of this Act, any funds authorized to be 
                appropriated to carry out this Act, title 23, United 
                States Code, or the Surface Transportation Assistance 
                Act of 1978'' and inserting ``any funds authorized to 
                be appropriated to carry out the Surface Transportation 
                Assistance Act of 1982 (96 Stat. 2097) or this 
                title'';</DELETED>
                <DELETED>    (B) in subsection (b), by redesignating 
                paragraph (4) as paragraph (3);</DELETED>
                <DELETED>    (C) in subsection (d), by striking ``this 
                Act, the Surface Transportation Assistance Act of 1978, 
                or title 23, United States Code,'' and inserting ``the 
                Surface Transportation Assistance Act of 1982 (96 Stat. 
                2097) or this title'';</DELETED>
                <DELETED>    (D) by striking subsection (e); 
                and</DELETED>
                <DELETED>    (E) by redesignating subsections (f) and 
                (g) as subsections (e) and (f), respectively.</DELETED>

<DELETED>SEC. 1905. TECHNICAL AMENDMENTS TO 23 UNITED STATES CODE 140 
              (NONDISCRIMINATION).</DELETED>

<DELETED>    (a) Section 140(a) of title 23, United States Code, is 
amended as follows:</DELETED>
        <DELETED>    (1) At the beginning of the second sentence, 
        strike the word ``He'' and insert in its place the words ``The 
        Secretary''.</DELETED>
        <DELETED>    (2) In the first sentence, strike ``subsection (a) 
        of section 105'' and insert in its place ``section 
        135''.</DELETED>
        <DELETED>    (3) In the third sentence, strike the phrase 
        ``where he considers it necessary'' and insert in its place the 
        phrase ``where necessary''.</DELETED>
        <DELETED>    (4) The last sentence is amended to read as 
        follows: ``The Secretary shall periodically obtain from the 
        Secretary of Labor and the respective State transportation 
        departments information which will enable the Secretary to 
        judge compliance with the requirements of this section and the 
        Secretary of Labor shall render to the Secretary such 
        assistance and information as the Secretary shall deem 
        necessary to carry out the equal employment opportunity program 
        required hereunder.''.</DELETED>
<DELETED>    (b) Section 140(b) of title 23, United States Code, is 
amended as follows:</DELETED>
        <DELETED>    (1) In the first sentence, strike the words 
        ``highway construction'' and insert ``surface 
        transportation'';</DELETED>
        <DELETED>    (2) In the second sentence, strike the phrase ``as 
        he may deem necessary'' and insert in its place the phrase ``as 
        necessary'', and strike the phrase ``not to exceed $2,500,000 
        for the transition quarter ending September 30, 1976, 
        and''.</DELETED>
        <DELETED>    (3) In the fourth sentence, strike the phrase 
        ``shall not be not be applicable to contracts'' and insert in 
        its place the phrase ``shall not be applicable to 
        contracts''.</DELETED>
<DELETED>    (c) The second sentence of section 140(c) of title 23, 
United States Code, is amended by striking the phrase ``the Secretary 
shall deduct such sums as he may deem necessary,'' and inserting in its 
place the phrase ``the Secretary shall deduct such sums as 
necessary,''.</DELETED>
<DELETED>    (d) Section 140(d) of title 23, United States Code, is 
amended by striking from its catchline the words ``and 
contracting''.</DELETED>

<DELETED>SEC. 1906. FEDERAL SHARE PAYABLE FOR PROJECTS FOR ELIMINATION 
              OF HAZARDS OF RAILWAY-HIGHWAY CROSSINGS.</DELETED>

<DELETED>    Section 120(c) of title 23, United States Code, is amended 
by amending the first sentence of subsection (c) to read as follows: 
``The Federal share payable on account of any project for traffic 
control signalization; safety rest areas; pavement marking; commuter 
carpooling and vanpooling; rail-highway crossing closure; projects for 
elimination of hazards of railway-highway crossings, as identified in 
section 2604 of Public Law 106-246 (114 Stat. 511, 559); or 
installation of traffic signs, traffic lights, guardrails, impact 
attenuators, concrete barrier endtreatments, breakaway utility poles, 
or priority control systems for emergency vehicles or transit vehicles 
at signalized intersections may amount to 100 percent of the cost of 
construction of such projects; except that not more than 10 percent of 
all sums apportioned for all the Federal-aid systems for any fiscal 
year in accordance with section 104 of this title shall be used under 
this subsection.''.</DELETED>

              <DELETED>TITLE II--HIGHWAY SAFETY</DELETED>

<DELETED>SEC. 2001. HIGHWAY SAFETY PROGRAMS.</DELETED>

<DELETED>    (a) Performance Grants.--Section 402 (k) of title 23, 
United States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(k) Performance Grants.--In addition to other grants 
authorized by this section, the Secretary shall make grants in 
accordance with this subsection. Funds authorized to carry out this 
subsection in a fiscal year shall be subject to a deduction not to 
exceed 5 percent for the necessary costs of administering this 
subsection.</DELETED>
        <DELETED>    ``(1) General performance grants.--On or before 
        December 31, 2003, and on or before each December 31 thereafter 
        through December 31, 2008, the Secretary shall make grants to 
        States based upon the performance of their highway safety 
        programs in the following categories: (i) motor vehicle crash 
        fatalities; (ii) alcohol-related crash fatalities; and (iii) 
        motorcycle, bicycle, and pedestrian crash fatalities.</DELETED>
                <DELETED>    ``(A) Determinations by the secretary.--
                The Secretary, through a rulemaking proceeding, shall 
                determine--</DELETED>
                        <DELETED>    ``(i) measures for calculating and 
                        scoring performance in each category under this 
                        paragraph, using the data for the most recent 
                        calendar year for which the data are available 
                        from--</DELETED>
                                <DELETED>    ``(I) fatality data 
                                provided by the National Highway 
                                Traffic Safety Administration; 
                                and</DELETED>
                                <DELETED>    ``(II) vehicle miles 
                                traveled determined by the Federal 
                                Highway Administration.</DELETED>
                        <DELETED>    ``(ii) goals for achievement and 
                        annual progress in each category under this 
                        paragraph that reflect the potential of each 
                        goal to save lives; and</DELETED>
                        <DELETED>    ``(iii) a weighting system for all 
                        of the goals that reflects the relative 
                        potential of each goal to save lives.</DELETED>
                <DELETED>    ``(B) Amount of grants.--The Secretary 
                shall determine the amount of funds available to a 
                State in a fiscal year for grants under this paragraph, 
                based on the State's achievement or annual progress in 
                each of the categories under this paragraph, using the 
                measures, goals and weighting system established under 
                this paragraph, the amount appropriated to carry out 
                the grants for such fiscal year, and the ratio that the 
                funds apportioned to the State under section 402(c) for 
                such fiscal year bears to the funds apportioned under 
                section 402(c) for such fiscal year to all the States 
                that qualify for a grant for such fiscal 
                year.</DELETED>
        <DELETED>    ``(2) Safety belt performance grants.</DELETED>
                <DELETED>     ``(A) Primary safety belt use law.--
                </DELETED>
                        <DELETED>    ``(i) For fiscal years 2004 and 
                        2005, the Secretary shall make a grant to each 
                        State that enacted, and is enforcing, a primary 
                        safety belt use law for all passenger motor 
                        vehicles that became effective by December 31, 
                        2002.</DELETED>
                        <DELETED>    ``(ii) For each of fiscal years 
                        2004 through 2009, the Secretary shall, after 
                        making grants under paragraph (2)(A)(i) of this 
                        subsection, make a one-time grant to each State 
                        that either enacts for the first time after 
                        December 31, 2002, and has in effect a primary 
                        safety belt use law for all passenger motor 
                        vehicles, or, in the case of a State that does 
                        not have such a primary safety belt use law, 
                        has a State safety belt use rate in the 
                        preceding fiscal year of at least 90 percent, 
                        as measured under criteria determined by the 
                        Secretary.</DELETED>
                        <DELETED>    ``(iii) Of the funds authorized 
                        for grants under this subsection, $100,000,000 
                        in each of fiscal years 2004 through 2009 shall 
                        be available for grants under this paragraph. 
                        The amount of a grant available to a State in 
                        each of fiscal years 2004 and 2005 under 
                        paragraph (2)(A)(i) of this subsection shall be 
                        equal to one-half of the amount of funds 
                        apportioned to the State under subsection (c) 
                        of this section for fiscal year 2003. The 
                        amount of a grant available to a State in 
                        fiscal year 2004 or in a subsequent fiscal year 
                        under paragraph (2)(A)(ii) of this subsection 
                        shall be equal to five times the amount 
                        apportioned to the State for fiscal year 2003 
                        under subsection (c). Notwithstanding 
                        subsection (d) of this section, the Federal 
                        share payable for grants under this paragraph 
                        shall be 100 percent. If the total amount of 
                        grants under paragraph (2)(A)(ii) for a fiscal 
                        year exceeds the amount of funds available in 
                        the fiscal year, grants shall be made to each 
                        eligible State, in the order in which its 
                        primary safety belt use law became effective or 
                        its safety belt use rate reached 90 percent, 
                        until the funds for the fiscal year are 
                        exhausted. A State that does not receive a 
                        grant for which it is eligible in a fiscal year 
                        shall receive the grant in the succeeding 
                        fiscal year so long as its law remains in 
                        effect or its safety belt use rate remains at 
                        or above 90 percent. If the total amount of 
                        grants under this paragraph for a fiscal year 
                        is less than the amount available in the fiscal 
                        year, the Secretary shall use any funds that 
                        exceed the total amount for grants under 
                        paragraph (2)(B) of this subsection.</DELETED>
                <DELETED>    ``(B) Safety belt use rate.--</DELETED>
                        <DELETED>    ``(i) On or before December 31, 
                        2003, and on or before each December 31 
                        thereafter through December 31, 2008, the 
                        Secretary shall make grants to States based 
                        upon their safety belt use rate in the 
                        preceding fiscal year.</DELETED>
                        <DELETED>    ``(ii) The Secretary, through a 
                        rulemaking, shall determine measures for 
                        calculating and scoring the performance for 
                        safety belt use rates, using data for the most 
                        recent calendar year for which State safety 
                        belt use rate data are available from 
                        observational safety belt surveys conducted in 
                        accordance with criteria established by the 
                        Secretary.</DELETED>
                        <DELETED>    ``(iii) Of the funds authorized 
                        for grants under this subsection, $25,000,000 
                        for fiscal year 2004, $27,000,000 for fiscal 
                        year 2005, $29,000,000 for fiscal year 2006, 
                        $31,000,000 for fiscal year 2007, $34,000,000 
                        for fiscal year 2008, and $36,000,000 for 
fiscal year 2009 shall be available for safety belt use rate grants 
under this paragraph. The Secretary shall determine the amount of funds 
available to a State in a fiscal year based on the State's achievement 
or annual progress in its safety belt use rate, the amount appropriated 
to carry out the grants for such fiscal year, and the ratio that the 
funds apportioned to the State under section 402(c) for such fiscal 
year bears to the funds apportioned under section 402(c) for such 
fiscal year to all the States that qualify for a grant for such fiscal 
year. Notwithstanding subsection (d) of this section, the Federal share 
payable for grants under this paragraph shall be 100 percent.</DELETED>
                <DELETED>    ``(C) Definition.--In this paragraph, 
                passenger motor vehicle means a passenger car, pickup 
                truck, van, minivan, or sport utility vehicle, with a 
                gross vehicle weight rating of less than 10,000 
                pounds.</DELETED>
        <DELETED>    ``(3) Use of grants.--A State allocated an amount 
        for a grant under paragraph (1)(A) of this subsection shall use 
        the amount for activities eligible for assistance under this 
        section, except that it may use up to 50 percent of the amount 
        for activities eligible under section 150 of this title and 
        consistent with the State's strategic highway safety plan under 
        section 151 of this title that are not otherwise eligible for 
        assistance under this section. A State allocated an amount for 
        a grant under paragraph (2)(A) of this subsection may use the 
        amount for activities eligible for assistance under this 
        section or for activities eligible under section 150 of this 
        title and consistent with the State's strategic highway safety 
        plan under section 151 of this title that are not otherwise 
        eligible for assistance under this section. A State allocated 
        an amount for a grant under paragraph (2)(B) of this 
        subsection, including any amount transferred under paragraph 
        (2)(A) of this subsection, shall use the amount for safety belt 
        use programs eligible for assistance under this section, except 
        that it may use up to 50 percent of the amount for activities 
        eligible under section 150 of this title and consistent with 
        the State's strategic highway safety plan under section 151 of 
        this title that are not otherwise eligible for assistance under 
        this section.''.</DELETED>
<DELETED>    (b) Impaired Driving Grants.--Section 402 of title 23, 
United States Code, is amended by adding at the end the following 
subsection:</DELETED>
<DELETED>    ``(l)(1) Impaired Driving Grants.--In addition to other 
grants authorized by this section and subject to the provisions of this 
subsection, the Secretary shall design and implement a discretionary 
grant program to develop, demonstrate, and evaluate comprehensive State 
programs to reduce impaired driving in States with a high number of 
alcohol-related fatalities and a high rate of alcohol-related 
fatalities relative to vehicle miles traveled and population.</DELETED>
<DELETED>    ``(2) Procedure.--The Secretary shall establish a 
procedure for submitting grant applications under this subsection, and 
shall select from among the applicants the States to participate in the 
program.</DELETED>
<DELETED>    ``(3) Use of Grants.--A grant to a State under this 
subsection shall be used only to carry out the State's program under 
paragraph (1).</DELETED>
<DELETED>    ``(4) Administrative Expenses.--Funds authorized to be 
appropriated to carry out this subsection in a fiscal year shall be 
subject to a deduction not to exceed 10 percent for the costs of 
evaluating the programs and administering the provisions of this 
subsection.</DELETED>
<DELETED>    ``(5) Federal Share.--Notwithstanding subsection (d) of 
this section, the Federal share payable for a grant under this 
subsection shall be--</DELETED>
        <DELETED>    ``(A) 100 percent in the first and second fiscal 
        years in which the State receives a grant;</DELETED>
        <DELETED>    ``(B) 75 percent in the third and fourth fiscal 
        years in which the State receives a grant; and</DELETED>
        <DELETED>    ``(C) 50 percent in the fifth and sixth fiscal 
        years in which the State receives a grant.''.</DELETED>

<DELETED>SEC. 2002. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.</DELETED>

<DELETED>    Section 403(a) (Authority of the Secretary) of title 23, 
United States Code, is amended by adding the following paragraphs at 
the end:</DELETED>
        <DELETED>    ``(4) Emergency medical services.--In addition to 
        the authority provided under this subsection, the Secretary is 
        authorized to use funds appropriated to carry out this section 
        to enhance coordination among Federal agencies involved with 
        State, local, tribal, and community-based emergency medical 
        services. In exercising this authority, the Secretary may 
        coordinate with State and local governments, the Bureau of 
        Indian Affairs on behalf of Indian tribes, private industry, 
        and other interested parties; collect and exchange emergency 
        medical services data and information; examine emergency 
        medical services needs, best practices, and related technology; 
        and develop emergency medical services standards and 
        guidelines, and plans for the assessment of emergency medical 
        services systems.</DELETED>
        <DELETED>    ``(5) International cooperation.--In addition to 
        the authority provided under this subsection, the Secretary is 
        authorized to use funds appropriated to carry out this section 
        to participate and cooperate in international activities to 
        enhance highway safety by such means as exchanging safety 
        information; conducting safety research; and examining safety 
        needs, best practices, and new technology.</DELETED>
        <DELETED>    ``(6) National motor vehicle crash causation 
        survey.--In addition to the authority provided under this 
        subsection, the Secretary is authorized to use funds 
        appropriated to carry out this section to develop and conduct a 
        nationally representative survey to collect on-scene motor 
        vehicle crash causation data.''.</DELETED>

<DELETED>SEC. 2003. EMERGENCY MEDICAL SERVICES.</DELETED>

<DELETED>    (a) Federal Coordination and Enhanced Support of Emergency 
Medical Services.--Chapter 4 of title 23, United States Code, is 
amended by revising section 407 to read as follows:</DELETED>
<DELETED>``Sec. 407. Federal coordination and enhanced support of 
              emergency medical services</DELETED>
<DELETED>    ``(a) Federal Interagency Committee on Emergency Medical 
Services.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary of Transportation 
        and the Secretary of Homeland Security through the Under 
        Secretary for Emergency Preparedness and Response, in 
        consultation with the Secretary of Health and Human Services, 
        shall establish a Federal Interagency Committee on Emergency 
        Medical Services (referred to as the `Interagency Committee on 
        EMS') that shall--</DELETED>
                <DELETED>    ``(A) assure coordination among the 
                Federal agencies involved with State, local, tribal or 
                regional emergency medical services and 9-1-1 
                systems;</DELETED>
                <DELETED>    ``(B) identify State, local, tribal or 
                regional emergency medical services and 9-1-1 
                needs;</DELETED>
                <DELETED>    ``(C) recommend new or expanded programs, 
                including grant programs, for improving State, local, 
                tribal or regional emergency medical services and 
                implementing improved EMS communications technologies, 
                including wireless E9-1-1;</DELETED>
                <DELETED>    ``(D) identify ways to streamline the 
                process through which Federal agencies support State, 
                local, tribal or regional emergency medical 
                services;</DELETED>
                <DELETED>    ``(E) assist State, local, tribal or 
                regional emergency medical services in setting 
                priorities based on identified needs; and</DELETED>
                <DELETED>    ``(F) advise, consult with and make 
                recommendations on matters relating to the 
                implementation of the coordinated State emergency 
                medical services program established under subsection 
                (b) of this section.</DELETED>
        <DELETED>    ``(2) Membership.--The membership of the 
        Interagency Committee on EMS shall consist of the following 
        officials, or their designees:</DELETED>
                <DELETED>    ``(A) Administrator, National Highway 
                Traffic Safety Administration.</DELETED>
                <DELETED>    ``(B) Director, Preparedness Division, 
                Emergency Preparedness and Response Directorate, 
                Department of Homeland Security.</DELETED>
                <DELETED>    ``(C) Administrator, Health Resources and 
                Services Administration.</DELETED>
                <DELETED>    ``(D) Director, Centers for Disease 
                Control and Prevention.</DELETED>
                <DELETED>    ``(E) Administrator, United States Fire 
                Administration, Emergency Preparedness and Response 
                Directorate, Department of Homeland Security.</DELETED>
                <DELETED>    ``(F) Director, Center for Medicare and 
                Medicaid Services.</DELETED>
                <DELETED>    ``(G) Undersecretary of Defense for 
                Personnel and Readiness, Department of 
                Defense.</DELETED>
                <DELETED>    ``(H) Assistant Secretary for Public 
                Health Emergency Preparedness, Department of Health and 
                Human Services.</DELETED>
                <DELETED>    ``(I) Director, Indian Health Service, 
                Department of Health and Human Services.</DELETED>
                <DELETED>    ``(J) Chief, Wireless Telecom Bureau, 
                Federal Communications Commission.</DELETED>
                <DELETED>    ``(K) A representative of any other 
                Federal agency identified by the Secretary of 
                Transportation or the Secretary of Homeland Security 
                through the Under Secretary for Emergency Preparedness 
                and Response, in consultation with the Secretary of 
                Health and Human Services, as having a significant role 
                in the purposes of the Interagency Committee on 
                EMS.</DELETED>
        <DELETED>    ``(3) Administration.--The National Highway 
        Traffic Safety Administration, in cooperation with the 
        Director, Preparedness Division, Emergency Preparedness and 
        Response Directorate, Department of Homeland Security, shall 
        provide administrative support to the Interagency Committee on 
        EMS, including scheduling meetings, setting agendas, keeping 
        minutes and records, and producing reports.</DELETED>
        <DELETED>    ``(4) Leadership.--The members of the Interagency 
        Committee on EMS shall select a chairperson of the Committee 
        annually.</DELETED>
        <DELETED>    ``(5) Meetings.--The Interagency Committee on EMS 
        shall meet as frequently as determined necessary by the 
        chairperson of the Committee.</DELETED>
        <DELETED>    ``(6) Annual reports.--The Interagency Committee 
        on EMS shall prepare an annual report to Congress on the 
        Committee's activities, actions, and recommendations.</DELETED>
<DELETED>    ``(b) Coordinated Nationwide Emergency Medical Services 
Program.--</DELETED>
        <DELETED>    ``(1) General authority.--The Secretary of 
        Transportation, through the Administrator of the National 
        Highway Traffic Safety Administration, is authorized and 
        directed to cooperate with other Federal departments and 
        agencies, and may assist State and local governments and EMS 
        organizations, both fire-based and otherwise, private industry, 
        and other interested parties, to ensure the development and 
        implementation of a coordinated nationwide emergency medical 
        services program designed to strengthen transportation safety 
        and public health and to implement improved EMS communication 
        systems including 9-1-1. For the purposes of this section, the 
        term `State' means any one of the fifty States, the District of 
        Columbia, Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, and 
        the Secretary of the Interior on behalf of Indian 
        Tribes.</DELETED>
        <DELETED>    ``(2) Coordinated state emergency medical services 
        program.--Each State shall establish a program, approved by the 
        Secretary, to coordinate the emergency medical services and 
        resources deployed throughout the State, so as to ensure 
        improved EMS communication systems including 9-1-1, utilization 
        of established best practices in system design and operations, 
        implementation of quality assurance programs, and incorporation 
        of data collection and analysis programs that facilitate system 
        development and data linkages with other systems and programs 
        useful to emergency medical services.</DELETED>
        <DELETED>    ``(3) Administration of state programs.--The 
        Secretary may not approve a coordinated State emergency medical 
        services program under this subsection unless the program--
        </DELETED>
                <DELETED>    ``(A) provides that the Governor of the 
                State is responsible for its administration through a 
                State office of emergency medical services that has 
                adequate powers and is suitably equipped and organized 
                to carry out such program and coordinates such program 
                with the highway safety office of the State; 
                and</DELETED>
                <DELETED>    ``(B) authorizes political subdivisions of 
                the State to participate in and receive funds under 
                such program, consistent with goal of achieving 
                statewide coordination of emergency medical services 
                and 9-1-1 activities.</DELETED>
        <DELETED>    ``(4) Use of funds; administrative expenses; 
        apportionments.--Funds authorized to be appropriated to carry 
        out this subsection shall be used to aid the States in 
        conducting coordinated emergency medical services and 9-1-1 
        programs that are in accordance with the provisions of 
        paragraph (2). Such funds shall be subject to a deduction not 
        to exceed 10 percent for the necessary costs of administering 
        the provisions of this subsection, and the remainder shall be 
        apportioned among the States. Such funds shall be apportioned 
as follows: 75 percent in the ratio that the population of each State 
bears to the total population of all the States, as shown by the latest 
available Federal census, and 25 percent in the ratio that the public 
road mileage in each State bears to the total public road mileage in 
all States. For the purpose of this subsection, a `public road' means 
any road under the jurisdiction of and maintained by a public authority 
and open to public travel. Public road mileage as used in this 
subsection shall be determined as of the end of the calendar year prior 
to the year in which the funds are apportioned and shall be certified 
to by the Governor of the State and subject to approval by the 
Secretary. The annual apportionment to each State shall not be less 
than one-half of 1 percent of the total apportionment, except that the 
apportionment to the Secretary of the Interior on behalf of Indian 
tribes shall not be less than three-fourths of 1 percent of the total 
apportionment, and the apportionments to the Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the Northern Mariana Islands 
shall not be less than one-quarter of 1 percent of the total 
apportionment.</DELETED>
        <DELETED>    ``(5) Contract authority.--The provisions 
        contained in section 402(d) of this chapter shall apply to this 
        subsection.</DELETED>
        <DELETED>    ``(6) Federal share.--The Federal share of the 
        cost of a project or program funded under this subsection shall 
        be 80 percent.</DELETED>
        <DELETED>    ``(7) Application in indian country.--</DELETED>
                <DELETED>    ``(A) Use of terms.--For the purpose of 
                application of this subsection in Indian country, the 
                terms `State' and `Governor of the State' include the 
                Secretary of the Interior and the term `political 
                subdivisions of the State' includes an Indian 
                tribe.</DELETED>
                <DELETED>    ``(B) Indian country defined.--In this 
                subsection, the term `Indian country' means--</DELETED>
                        <DELETED>    ``(i) all land within the limits 
                        of any Indian reservation under the 
                        jurisdiction of the United States, 
                        notwithstanding the issuance of any patent and 
                        including rights-of-way running through the 
                        reservation;</DELETED>
                        <DELETED>    ``(ii) all dependent Indian 
                        communities within the borders of the United 
                        States, whether within the original or 
                        subsequently acquired territory thereof and 
                        whether within or without the limits of a 
                        State; and</DELETED>
                        <DELETED>    ``(iii) all Indian allotments, the 
                        Indian titles to which have not been 
                        extinguished, including rights-of-way running 
                        through such allotments.''.</DELETED>
<DELETED>    (b) The item relating to section 407 in the analysis of 
chapter 4 of title 23, United States Code, is amended to read as 
follows:</DELETED>

<DELETED>``407. Federal coordination and enhanced support of emergency 
                            medical services.''.

<DELETED>SEC. 2004. STATE TRAFFIC SAFETY INFORMATION SYSTEM 
              IMPROVEMENTS.</DELETED>

<DELETED>    (a) Chapter 4 of title 23, United States Code, is amended 
by adding the following section:</DELETED>
<DELETED>``Sec. 412. State traffic safety information system 
              improvements</DELETED>
<DELETED>    ``(a) General Authority.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) evaluate the effectiveness of 
                efforts to make such improvements;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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. Recipient States may use 
                such grants only to implement such programs.</DELETED>
        <DELETED>    ``(2) Model data elements.--The Secretary, in 
        consultation with States and other appropriate parties, shall 
        determine the model data elements necessary to observe and 
        analyze 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.</DELETED>
        <DELETED>    ``(3) Maintenance of effort.--No grant may be made 
        to a State under this section in any fiscal year unless the 
        State enters into such agreements with the Secretary as the 
        Secretary may require 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 Act.</DELETED>
        <DELETED>    ``(4) Federal share.--The Federal share of the 
        cost of adopting and implementing in a fiscal year a program of 
        a State pursuant to paragraph (1) shall not exceed 80 
        percent.</DELETED>
<DELETED>    ``(b) First-Year Grants.--</DELETED>
        <DELETED>    ``(1) Eligibility.--To be eligible for a first-
        year grant under this section in a fiscal year, a State must 
        demonstrate to the satisfaction of the Secretary that the State 
        has--</DELETED>
                <DELETED>    ``(A) 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</DELETED>
                <DELETED>    ``(B) 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--</DELETED>
                        <DELETED>    ``(i) specifies how existing 
                        deficiencies in the State's highway safety data 
                        and traffic records system were 
                        identified;</DELETED>
                        <DELETED>    ``(ii) 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 under 
                        subsection (a)(1);</DELETED>
                        <DELETED>    ``(iii) identifies performance-
                        based measures by which progress toward those 
                        goals will be determined;</DELETED>
                        <DELETED>    ``(iv) 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</DELETED>
                        <DELETED>    ``(v) includes a current report on 
                        the progress in implementing the multiyear plan 
                        that documents progress toward the specified 
                        goals.</DELETED>
        <DELETED>    ``(2) Grant amounts.--The amount of a first-year 
        grant to a State for a fiscal year shall equal an amount 
        determined by multiplying--</DELETED>
                <DELETED>    ``(A) the amount appropriated to carry out 
                this section for such fiscal year; by--</DELETED>
                <DELETED>    ``(B) the ratio that the funds apportioned 
                to the State under section 402 of this chapter for 
                fiscal year 2003 bears to the funds apportioned to all 
                States under section 402 for fiscal year 
                2003;</DELETED>
        <DELETED>except that no State eligible for a grant under this 
        section shall receive less than $300,000.</DELETED>
<DELETED>    ``(c) Succeeding-Year Grants.--</DELETED>
        <DELETED>    ``(1) Eligibility.--A State shall be eligible for 
        a grant under this subsection in a fiscal year succeeding the 
        first fiscal year in which the State receives a grant under 
        subsection (b) if the State, to the satisfaction of the 
        Secretary--</DELETED>
                <DELETED>    ``(A) submits an updated multiyear plan 
                that meets the requirements of subsection 
                (b)(1)(B);</DELETED>
                <DELETED>    ``(B) certifies that its highway safety 
                data and traffic records coordinating committee 
                continues to operate and supports the multiyear 
                plan;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(D) demonstrates measurable progress 
                toward achieving the goals and objectives identified in 
                the multiyear plan; and</DELETED>
                <DELETED>    ``(E) includes a current report on the 
                progress in implementing the multiyear plan.</DELETED>
        <DELETED>    ``(2) Grant amounts.--The amount of a succeeding 
        year grant made to a State for a fiscal year under this 
        paragraph shall equal an amount determined by multiplying--
        </DELETED>
                <DELETED>    ``(A) the amount appropriated to carry out 
                this section for such fiscal year; by</DELETED>
                <DELETED>    ``(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; except that no State 
                eligible for a grant under this paragraph shall receive 
                less than $500,000.</DELETED>
<DELETED>    ``(d) Administrative Expenses.--Funds authorized to be 
appropriated to carry out this section in a fiscal year shall be 
subject to a deduction not to exceed 5 percent for the necessary costs 
of administering the provisions of this section.</DELETED>
<DELETED>    ``(e) Applicability of Chapter 1.--The provisions 
contained in section 402(d) shall apply to this section.''.</DELETED>
<DELETED>    (b) The analysis of chapter 4 of title 23, United States 
Code, is amended by inserting the following at the end:</DELETED>

<DELETED>``412. State traffic safety information system 
                            improvements.''.

<DELETED>SEC. 2005. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) for the National Highway Traffic Safety 
Administration:</DELETED>
        <DELETED>    (1) Consolidated state highway safety programs.--
        </DELETED>
                <DELETED>    (A) To carry out the State and Community 
                Highway Safety Grant Program under section 402 of title 
                23, United States Code, except for subsections (k) and 
                (l), $162,000,000 for fiscal year 2004, $167,000,000 
                for fiscal year 2005, $172,000,000 for fiscal year 
                2006, $177,000,000 for fiscal year 2007, $183,000,000 
                for fiscal year 2008, and $189,000,000 for fiscal year 
                2009.</DELETED>
                <DELETED>    (B) To carry out the performance grant 
                programs under subsection (k) of section 402 of title 
                23, United States Code, $175,000,000 for fiscal year 
                2004, $179,000,000 for fiscal year 2005, $183,000,000 
                for fiscal year 2006, $189,000,000 for fiscal year 
                2007, $195,000,000 for fiscal year 2008, and 
                $201,000,000 for fiscal year 2009.</DELETED>
                <DELETED>    (C) To carry out the impaired driving 
                grants under subsection (l) of section 402 of title 23, 
                United States Code, $50,000,000 for each of fiscal 
                years 2004 through 2009.</DELETED>
        <DELETED>    (2) Highway safety research and development.--To 
        carry out the highway safety research and development program 
        under section 403 of title 23, United States Code, $88,452,000 
        for fiscal year 2004, $90,000,000 for fiscal year 2005, 
        $92,000,000 for fiscal year 2006, $94,000,000 for fiscal year 
        2007, $96,000,000 for fiscal year 2008, and $99,000,000 for 
        fiscal year 2009.</DELETED>
        <DELETED>    (3) Emergency medical services grants.--To carry 
        out section 407 of title 23, United States Code, $10,000,000 
        for each of fiscal years 2004 through 2009.</DELETED>
        <DELETED>    (4) State traffic safety information system 
        improvements grants.--To carry out section 412 of title 23, 
        United States Code, $50,000,000 for each of fiscal years 2004 
        through 2009.</DELETED>
        <DELETED>    (5) National driver register.--To carry out 
        chapter 303 (National Driver Register) of title 49, United 
        States Code, $3,600,000 for fiscal year 2004, and $4,000,000 
        for each of fiscal years 2005 through 2009.</DELETED>
<DELETED>    (b) Allocations.--</DELETED>
        <DELETED>    (1) Emergency medical services activities.--Out of 
        amounts appropriated pursuant to subsection (a)(2), the 
        Secretary may use $2,226,000 in each fiscal year to carry out 
        paragraph (4) of section 403(a) of title 23, United States 
        Code.</DELETED>
        <DELETED>    (2) International cooperation activities.--Out of 
        amounts appropriated pursuant to subsection (a)(2), the 
        Secretary may use $200,000 in each fiscal year to carry out 
        paragraph (5) of section 403(a) of title 23, United States 
        Code.</DELETED>
        <DELETED>    (3) National motor vehicle crash causation 
        survey.--Out of the amounts appropriated pursuant to subsection 
        (a)(2), the Secretary may use $10,000,000 in each fiscal year 
        to carry out paragraph (6) of section 403(a) of title 23, 
        United States Code.</DELETED>
<DELETED>    (c) Applicability of Title 23.--(1) Amounts made available 
under subsection (a)(2) shall be available for obligation in the same 
manner as if such funds were apportioned under chapter 1 of title 23, 
United States Code.</DELETED>
<DELETED>    (2) Notwithstanding section 402(d) of title 23, United 
States Code, the funds authorized by subsection (a)(1) that are 
apportioned or allocated in a State shall remain available for 
obligation in that State for a period of two years after the last day 
of the fiscal year for which the funds are authorized. Any amounts so 
apportioned or allocated that remain unobligated at the end of that 
period shall lapse.</DELETED>

<DELETED>SEC. 2006. REPEAL OF OBSOLETE PROVISIONS OF TITLE 
              23.</DELETED>

<DELETED>    (a) Repeal of Obsolete Provisions.--Sections 406 and 408 
of title 23, United States Code, are repealed.</DELETED>
<DELETED>    (b) Conforming Amendment.--The items relating to sections 
406 and 408 in the analysis of chapter 4 of title 23, United States 
Code, are deleted.</DELETED>

 <DELETED>TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS</DELETED>

<DELETED>SEC. 3001. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Federal Public 
Transportation Act of 2003''.</DELETED>

<DELETED>SEC. 3002. UPDATED TERMINOLOGY; AMENDMENTS TO TITLE 49, UNITED 
              STATES CODE.</DELETED>

<DELETED>    (a) Updated Terminology.--Chapter 53 of title 49, United 
States Code, including the chapter analysis, is amended by striking 
``mass'' each place it appears before ``transportation'' and inserting 
``public'', except in sections 5301(f), 5302(a)(7), 5315, 5323(a)(1), 
and 5323(a)(1)(B).</DELETED>
<DELETED>    (b) Amendments to Title 49.--Except as otherwise 
specifically provided, whenever in this title an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision of law, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.</DELETED>

<DELETED>SEC. 3003. POLICIES, FINDINGS, AND PURPOSES.</DELETED>

<DELETED>    (a) In General.--Section 5301(a) is amended to read as 
follows:</DELETED>
<DELETED>    ``(a) Development and Revitalization of Public 
Transportation Systems.--It is in the economic interest of the United 
States to foster the development and revitalization of public 
transportation systems that maximize the efficient, secure, and safe 
mobility of individuals, and minimize environmental impacts and 
reliance on foreign oil.''.</DELETED>
<DELETED>    (b) Preserving the Environment.--Section 5301(e) is 
amended by--</DELETED>
        <DELETED>    (1) striking ``an urban'' and inserting ``a''; 
        and</DELETED>
        <DELETED>    (2) striking ``under sections 5309 and 5310 of 
        this title''.</DELETED>
<DELETED>    (c) General Purposes.--Section 5301(f) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (1) by--</DELETED>
                <DELETED>    (A) striking ``mass'' after ``improved'' 
                and inserting ``public''; and</DELETED>
                <DELETED>    (B) striking ``public and private mass 
                transportation companies and inserting ``both public 
                transportation companies and private companies engaged 
                in public transportation'';</DELETED>
        <DELETED>    (2) in paragraphs (2) and (3) by--</DELETED>
                <DELETED>    (A) striking ``urban mass'' after 
                ``areawide'' and inserting ``public'', and</DELETED>
                <DELETED>    (B) striking ``public and private mass 
                transportation companies'' and inserting ``both public 
                transportation companies and private companies engaged 
                in public transportation''; and</DELETED>
        <DELETED>    (3) in paragraph (5), by striking ``urban mass'' 
        and inserting ``public''.</DELETED>

<DELETED>SEC. 3004. DEFINITIONS.</DELETED>

<DELETED>    (a) In General.--Section 5302 is amended to read as 
follows:</DELETED>
<DELETED>``Sec. 5302. Definitions</DELETED>
<DELETED>    ``(a) In General.--In this chapter, the following 
definitions apply:</DELETED>
        <DELETED>    ``(1) `access to jobs project' means a project 
        relating to the development and maintenance of transportation 
        services designed to transport welfare recipients and low-
        income individuals to and from jobs and activities related to 
        their employment, including--</DELETED>
                <DELETED>    ``(A) transportation projects to finance 
                planning, capital and operating costs of providing 
                access to jobs under this chapter;</DELETED>
                <DELETED>    ``(B) promoting public transportation by 
                low-income workers;</DELETED>
                <DELETED>    ``(C) promoting the use of transit 
                vouchers for welfare recipients and low-income 
                individuals; and</DELETED>
                <DELETED>    ``(D) promoting the use of employer-
                provided transportation, including the transit pass 
                benefit program under section 132 of the Internal 
                Revenue Code of 1986.</DELETED>
        <DELETED>    ``(1a) `capital project' means a project for--
        </DELETED>
                <DELETED>    ``(A) acquiring, constructing, 
                supervising, or inspecting equipment or a facility for 
                use in 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;</DELETED>
                <DELETED>    ``(B) rehabilitating a bus;</DELETED>
                <DELETED>    ``(C) remanufacturing a bus;</DELETED>
                <DELETED>    ``(D) overhauling rail rolling 
                stock;</DELETED>
                <DELETED>    ``(E) preventive maintenance;</DELETED>
                <DELETED>    ``(F) leasing equipment or a facility for 
                use in public transportation, subject to regulations 
                that the Secretary prescribes limiting the leasing 
                arrangements to those that are more cost-effective than 
                purchase or construction;</DELETED>
                <DELETED>    ``(G) a public transportation improvement 
                that enhances economic development or incorporates 
                private investment, including commercial and 
                residential development, pedestrian and bicycle access 
                to a public transportation facility, and the renovation 
                and improvement of historic transportation facilities, 
                because the improvement enhances the effectiveness of a 
                public transportation project and is related physically 
                or functionally to that public transportation project, 
                or establishes new or enhanced coordination between 
                public transportation and other transportation, and 
                provides a fair share of revenue for public 
                transportation that will be used for public 
                transportation--</DELETED>
                        <DELETED>    ``(i) including property 
                        acquisition, demolition of existing structures, 
                        site preparation, utilities, building 
                        foundations, walkways, open space, safety and 
                        security equipment and facilities (including 
                        lighting, surveillance and related intelligent 
                        transportation system applications), facilities 
                        that incorporate community services such as 
                        daycare or health care, and a capital project 
                        for, and improving, equipment or a facility for 
                        an intermodal transfer facility or 
                        transportation mall, except that a person 
                        making an agreement to occupy space in a 
                        facility under this subparagraph shall pay a 
                        reasonable share of the costs of the facility 
                        through rental payments and other means; 
                        and</DELETED>
                        <DELETED>    ``(ii) excluding construction of a 
                        commercial revenue-producing facility or a part 
                        of a public facility not related to public 
                        transportation; and</DELETED>
                <DELETED>    ``(H) the introduction of new technology, 
                through innovative or improved products, into public 
                transportation;</DELETED>
                <DELETED>    ``(I) the provision of nonfixed route 
                paratransit transportation services in accordance with 
                section 223 of the Americans with Disabilities Act of 
                1990, 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;</DELETED>
                <DELETED>    ``(J) crime prevention and security--
                </DELETED>
                        <DELETED>    ``(i) including--</DELETED>
                                <DELETED>    ``(I) projects to refine 
                                and develop security and emergency 
                                response plans;</DELETED>
                                <DELETED>    ``(II) projects aimed at 
                                detecting chemical and biological 
                                agents in public 
                                transportation;</DELETED>
                                <DELETED>    ``(III) the conduct of 
                                emergency response drills with public 
                                transportation agencies and local first 
                                response agencies; or</DELETED>
                                <DELETED>    ``(IV) security training 
                                for public transportation employees; 
                                but,</DELETED>
                        <DELETED>    ``(ii) excluding all expenses 
                        related to operations, except for such expenses 
                        incurred in the provisions of activities under 
                        clauses (III) and (IV) of this subparagraph; 
                        or</DELETED>
                <DELETED>    ``(K) establishment of a debt service 
                reserve made up of deposits with a bondholders' trustee 
                in a non-interest bearing account for the purpose of 
                assuring timely payment of principal and interest on 
                bonds issued by a grant recipient for purposes of 
                financing an eligible project under this chapter; 
                and</DELETED>
                <DELETED>    ``(L) remediation associated with 
                construction of a capital project as described this 
                paragraph on a brownfield site as defined in 42 U.S.C. 
                9601.</DELETED>
        <DELETED>    ``(2) `chief executive officer of a State' 
        includes the designee of the chief executive officer.</DELETED>
        <DELETED>    ``(3) `emergency regulation' means a regulation--
        </DELETED>
                <DELETED>    ``(A) that is effective temporarily before 
                the expiration of the otherwise specified periods of 
                time for public notice and comment under section 
                5334(c); and</DELETED>
                <DELETED>    ``(B) prescribed by the Secretary as the 
                result of a finding that a delay in the effective date 
                of the regulation--</DELETED>
                        <DELETED>    ``(i) would injure seriously an 
                        important public interest;</DELETED>
                        <DELETED>    ``(ii) would frustrate 
                        substantially legislative policy and intent; 
                        or</DELETED>
                        <DELETED>    ``(iii) would damage seriously a 
                        person or class without serving an important 
                        public interest.</DELETED>
        <DELETED>    ``(4) `fixed guideway' means a public 
        transportation facility--</DELETED>
                <DELETED>    ``(A) using and occupying a separate 
                right-of-way or rail for the exclusive use of public 
                transportation and other high occupancy vehicles; or -
                </DELETED>
                <DELETED>    ``(B) using a fixed catenary system and a 
                right-of-way usable by other forms of 
                transportation.</DELETED>
        <DELETED>    ``(5) `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, public transportation 
        service or a public transportation facility.</DELETED>
        <DELETED>    ``(6) `local governmental authority' includes--
        </DELETED>
                <DELETED>    ``(A) a political subdivision of a 
                State;</DELETED>
                <DELETED>    ``(B) an authority of at least 1 State or 
                political subdivision of a State;</DELETED>
                <DELETED>    ``(C) an Indian tribe; and</DELETED>
                <DELETED>    ``(D) a public corporation, board, or 
                commission established under the laws of a 
                State.</DELETED>
        <DELETED>     ``(7) `mass transportation' means public 
        transportation.</DELETED>
        <DELETED>    ``(7a) `mobility management' means an activity or 
        project that involves one or more of the following 
        goals:</DELETED>
                <DELETED>    ``(A) Addressing public transportation 
                customer needs.</DELETED>
                <DELETED>    ``(B) Tailoring public transportation 
                services to specific market niches.</DELETED>
                <DELETED>    ``(C) Managing public transportation 
                demand.</DELETED>
                <DELETED>    ``(D) Land use compatibility with public 
                transportation services.</DELETED>
                <DELETED>    ``(E) Improving coordination among public 
                transportation providers and other transportation 
                service providers.</DELETED>
        <DELETED>    ``(8) `net project cost' means the part of a 
        project that reasonably cannot be financed from 
        revenues.</DELETED>
        <DELETED>    ``(9) `new bus model' means a bus model (including 
        a model using alternative fuel)--</DELETED>
                <DELETED>    ``(A) that has not been used in public 
                transportation in the United States before the date of 
                production of the model; or</DELETED>
                <DELETED>    ``(B) used in public transportation in the 
                United States, but being produced with a major change 
                in configuration or components.</DELETED>
        <DELETED>    ``(10) `public 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.</DELETED>
        <DELETED>    ``(10a) `recipient' means an entity that receives 
        Federal transit program assistance directly from the Federal 
        government.</DELETED>
        <DELETED>    ``(11) `regulation' means any part of a statement 
        of general or particular applicability of the Secretary 
        designed to carry out, interpret, or prescribe law or policy in 
        carrying out this chapter.</DELETED>
        <DELETED>    ``(11a) `reverse commute project' means a public 
        transportation project designed to transport residents of urban 
        areas, urbanized areas, and areas other than urbanized areas to 
        suburban employment opportunities, including any projects to--
        </DELETED>
                <DELETED>    ``(A) 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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) otherwise facilitate the provision 
                of public transportation services to suburban 
                employment opportunities.</DELETED>
        <DELETED>    ``(12) `Secretary' means the Secretary of 
        Transportation.</DELETED>
        <DELETED>    ``(13) `State' means a State of the United States, 
        the District of Columbia, Puerto Rico, the Northern Mariana 
        Islands, Guam, American Samoa, and the Virgin Islands, except 
        as defined in section 5305 of this title.</DELETED>
        <DELETED>    ``(13a) `subrecipient' means an entity that 
        receives Federal transit program assistance indirectly through 
        a recipient, rather than directly from the Federal 
        government.</DELETED>
        <DELETED>    ``(14) `transit' means public 
        transportation.</DELETED>
        <DELETED>    ``(15) `transit enhancement' means, with respect 
        to any project or an area to be served by a project, projects 
        that are designed to enhance public transportation service or 
        use and that are physically or functionally related to transit 
        facilities. Eligible projects are--</DELETED>
                <DELETED>    ``(A) historic preservation, 
                rehabilitation, or operation of historic public 
                transportation buildings, structures, or facilities 
                (including historic bus or railroad 
                facilities);</DELETED>
                <DELETED>    ``(B) bus shelters;</DELETED>
                <DELETED>    ``(C) landscaping and other scenic 
                beautification, including tables, benches, trash 
                receptacles, and street lights;</DELETED>
                <DELETED>    ``(D) public art;</DELETED>
                <DELETED>    ``(E) pedestrian access or 
                walkways;</DELETED>
                <DELETED>    ``(F) bicycle access, including bicycle 
                storage facilities and installing equipment for 
                transporting bicycles on public transportation 
                vehicles;</DELETED>
                <DELETED>    ``(G) transit connections to parks within 
                the recipient's transit service area;</DELETED>
                <DELETED>    ``(H) signage; and</DELETED>
                <DELETED>    ``(I) enhanced access for individuals with 
                disabilities to public transportation.</DELETED>
        <DELETED>    ``(16) [reserved]</DELETED>
        <DELETED>    ``(17) `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.</DELETED>
        <DELETED>    ``(18) `welfare recipient' means an individual who 
        receives or received aid or assistance under a State or tribal 
        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.</DELETED>
<DELETED>    ``(b) Authority To Modify `Individual With a 
Disability'.--The Secretary may by regulation modify the definition of 
the term `individual with a disability' in subsection (a)(5) as it 
applies to section 5307(d)(1)(D).''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 5321 is 
repealed.</DELETED>

<DELETED>SEC. 3005. METROPOLITAN PLANNING.</DELETED>

<DELETED>    The text of section 5303 is amended to read as follows: 
``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 of this title.''.</DELETED>

<DELETED>SEC. 3006. STATEWIDE PLANNING.</DELETED>

<DELETED>    (a) Section Heading.--Section 5304 is amended by striking 
the section heading and inserting the following:</DELETED>
<DELETED>``Sec. 5304. Statewide planning''.</DELETED>
<DELETED>    (b) The text of section 5304 is amended to read as 
follows: ``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 of this title.''.</DELETED>
<DELETED>    (c) Conforming Amendment.--The item relating to section 
5304 in the table of sections for chapter 53 is amended to read as 
follows:</DELETED>

<DELETED>``5304. Statewide planning.''.

<DELETED>SEC. 3007. PLANNING PROGRAMS.</DELETED>

<DELETED>    (a) In General.--Section 5305 is amended to read as 
follows:</DELETED>
<DELETED>``Sec. 5305. Planning programs</DELETED>
<DELETED>    ``(a) Definitions.--In this section the following 
definitions apply:</DELETED>
        <DELETED>    ``(1) `State' means a State of the United States, 
        the District of Columbia, and Puerto Rico, and</DELETED>
        <DELETED>    ``(2) `planning emphasis area' means priority 
        themes identified by the Secretary for consideration in 
        sections 5303 and 5304 of this title.</DELETED>
<DELETED>    ``(b) General Authority.--Under criteria the Secretary 
establishes, the Secretary may make grants to States, authorities of 
the States, metropolitan planning organizations, and local governmental 
authorities, or may make agreements with other departments, agencies, 
and instrumentalities of the Government, or may enter into contracts 
with private non-profit or for-profit entities for development of, 
transportation plans and programs and to plan, engineer, design, and 
evaluate a public transportation project and for other technical 
studies, including--</DELETED>
        <DELETED>    ``(1) studies related to management, planning, 
        operations, capital requirements, and economic 
        feasibility;</DELETED>
        <DELETED>    ``(2) evaluating previously financed 
        projects;</DELETED>
        <DELETED>    ``(3) 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; and,</DELETED>
        <DELETED>     ``(4) other similar and related activities 
        preliminary to and in preparation for constructing, acquiring, 
        or improving the operation of facilities and 
        equipment.</DELETED>
<DELETED>    ``(c) Purpose.--To the extent practicable, the Secretary 
shall ensure that amounts appropriated or made available under section 
5338 of this title to carry out this section and sections 5303 and 5304 
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.</DELETED>
<DELETED>    ``(d) Metropolitan Planning Program.--</DELETED>
        <DELETED>    ``(1) The Secretary shall apportion 80 percent of 
        the amount made available under subsection (h)(2)(A) of this 
        section to States to carry out sections 5303 and 5306 of this 
        title 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 of population. A State may not receive less than .5 
        percent of the amount apportioned under this 
        paragraph.</DELETED>
        <DELETED>    ``(2) Amounts apportioned to a State under 
        paragraph (1) of this subsection shall be made available 
        promptly after allocation to metropolitan planning 
        organizations in the State designated under this section under 
        a formula--</DELETED>
                <DELETED>    ``(A) the State develops in cooperation 
                with the metropolitan planning organizations;</DELETED>
                <DELETED>    ``(B) the Secretary of Transportation 
                approves; and</DELETED>
                <DELETED>    ``(C) that considers population in 
                urbanized areas and provides an appropriate 
                distribution for urbanized areas to carry out the 
                cooperative processes described in this 
                section.</DELETED>
        <DELETED>    ``(3) The Secretary shall apportion 20 percent of 
        the amount made available under subsection (h)(2)(A) of this 
        section to States to supplement allocations made under 
        paragraph (1) of this subsection for metropolitan planning 
        organizations. 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 sections 5303 and 5306 of this title in 
        complex metropolitan planning areas.</DELETED>
<DELETED>    ``(e) State Planning and Research Program.--</DELETED>
        <DELETED>    ``(1) The amounts made available pursuant to 
        subsection (h)(2)(B) of this section shall be apportioned to 
        States for grants and contracts to carry out sections 5303-
        5306, 5315, 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.</DELETED>
        <DELETED>    ``(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 (d) of this section.</DELETED>
<DELETED>    ``(f) Planning Capacity Building Program.--</DELETED>
        <DELETED>    ``(1) The Secretary shall establish a Planning 
        Capacity Building Program to support and fund innovative 
        practices and enhancements in transportation planning. The 
        purpose of this program shall be to promote activities that 
        support and strengthen the planning processes required under 
        this section and sections 5303 and 5304 of this 
        chapter.</DELETED>
        <DELETED>    ``(2) Funding available under subsection (h)(1) of 
        this section to carry out this subsection will support--
        </DELETED>
                <DELETED>    ``(A) incentive grants to state, 
                metropolitan planning organizations, and public 
                transportation operators; and</DELETED>
                <DELETED>    ``(B) research, information dissemination, 
                and technical assistance.</DELETED>
        <DELETED>    ``(3) The Secretary may use the funds for the 
        purpose described in paragraph (2)(B) independently or make 
        grants to, or enter into contracts, cooperative agreements, and 
        other transactions, with a Federal agency, State agency, local 
        governmental authority, association, nonprofit or for-profit 
        entity, or institution of higher education, to carry out the 
        purposes of this subsection.</DELETED>
        <DELETED>    ``(4) The program shall be administered by the 
        Federal Transit Administration in cooperation with the Federal 
        Highway Administration.</DELETED>
<DELETED>    ``(g) Government's Share of Costs.--</DELETED>
        <DELETED>    ``(1) Amounts made available to carry out 
        subsections (d), (e) and (f) of this section may not exceed 80 
        percent of the costs 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.</DELETED>
        <DELETED>    ``(2) When there are planning emphasis areas 
        funded under a grant or contract financed under this section, 
        the Secretary may establish a Government share consistent with 
        the planning emphasis area benefit.</DELETED>
<DELETED>    ``(h) Allocation of Funds.--Of the funds made available by 
or appropriated to carry out this section under section 5338(a)(2)(A) 
and (B) and 5338(b)(3)(A) and (B) of this title for fiscal years 2004 
through 2009,</DELETED>
        <DELETED>    ``(1) $5,000,000 shall be available for the 
        planning capacity building program under subsection (f) of this 
        section; and</DELETED>
        <DELETED>    ``(2) of the remaining amount,</DELETED>
                <DELETED>    ``(A) 82.72 percent shall be available for 
                metropolitan planning program under subsection (d) of 
                this section; and</DELETED>
                <DELETED>    ``(B) 17.28 percent shall be available to 
                carry out subsections (b) and (e) of this 
                section.</DELETED>
<DELETED>    ``(i) Availability of Amounts.--An amount apportioned 
under this section that remains available for 3 years after the fiscal 
year in which the amount is apportioned shall be reapportioned among 
the States.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The item relating to section 
5305 in the table of sections for chapter 53 is amended to read as 
follows:</DELETED>

<DELETED>``5305.  Planning programs.''.

<DELETED>SEC. 3008. PRIVATE ENTERPRISE PARTICIPATION.</DELETED>

<DELETED>    (a) Section Heading.--Section 5306 is amended by striking 
the section heading and inserting the following:</DELETED>
<DELETED>``Sec. 5306.  Private enterprise participation in metropolitan 
              planning and statewide planning''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The item relating to section 
5306 in the table of sections for chapter 53 is amended to read as 
follows:</DELETED>

<DELETED>``5306.  Private enterprise participation in metropolitan 
                            planning and statewide planning.''.

<DELETED>SEC. 3009. URBANIZED AREA PUBLIC TRANSPORTATION FORMULA GRANTS 
              PROGRAM.</DELETED>

<DELETED>    (a) Section Heading.--Section 5307 is amended by striking 
the section heading and inserting the following:</DELETED>
<DELETED>``Sec. 5307.  Urbanized area public transportation formula 
              grants program''.</DELETED>
<DELETED>    (b) Technical Amendments.--Section 5307 is amended by--
</DELETED>
        <DELETED>    (1) striking subsections (h), (j) and (k); 
        and</DELETED>
        <DELETED>    (2) redesignating subsections (i), (l), (m), and 
        (n) as subsections (h), (i), (j), and (k), 
        respectively.</DELETED>
<DELETED>    (c) Definitions.--Section 5307(a) is amended to read as 
follows:</DELETED>
<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) `designated recipient' means--</DELETED>
                <DELETED>    ``(A) 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 public transportation to receive and 
                apportion amounts under sections 5336 and 5337 of this 
                title that are attributable to transportation 
                management areas established under section 5303 of this 
                title; or</DELETED>
                <DELETED>    ``(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 public transportation.</DELETED>
        <DELETED>    ``(2) `subrecipient' means a State or local 
        governmental authority, a nonprofit organization, or a private 
        operator of public transportation service that may receive a 
        Federal transit program grant indirectly through a recipient, 
        rather than directly from the Federal government.''.</DELETED>
<DELETED>    (d) General Authority.--Section 5307(b) is amended--
</DELETED>
        <DELETED>    (1) by striking paragraph (1) and inserting a new 
        paragraph (1) as follows:</DELETED>
        <DELETED>    ``(1) The Secretary of Transportation may make 
        grants under this section for--</DELETED>
                <DELETED>    ``(A) capital projects;</DELETED>
                <DELETED>    ``(B) planning and mobility 
                management;</DELETED>
                <DELETED>    ``(C) transit enhancements; and</DELETED>
                <DELETED>    ``(D) operating costs of equipment and 
                facilities for use in public transportation in an 
                urbanized area with a population of less than 
                200,000.'';</DELETED>
        <DELETED>    (2) by striking paragraphs (2) and (4);</DELETED>
        <DELETED>    (3) by redesignating paragraph (3) as paragraph 
        (2); and</DELETED>
        <DELETED>    (4) in redesignated paragraph (2), by striking 
        ``5305(a)'' and inserting ``5303''.</DELETED>
<DELETED>    (e) Grant Recipient Requirements.--Section 5307(d) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1)(A), by inserting ``, 
        including safety and security aspects of the program'' after 
        ``capacity'';</DELETED>
        <DELETED>    (2) in paragraph (1)(E), by striking everything 
        that appears after ``section'' and inserting ``the recipient 
        will comply with section 5323 and 5325 of this 
        title'';</DELETED>
        <DELETED>    (3) in paragraph (1)(H), by striking ``5310(a)-
        (d)'';</DELETED>
        <DELETED>    (4) by striking paragraph (1)(I);</DELETED>
        <DELETED>    (5) by redesignating paragraph (1)(J) as paragraph 
        (1)(I); and</DELETED>
        <DELETED>    (6) by adding at the end of subsection (f)(1), as 
        redesignated, the following:</DELETED>
                <DELETED>    ``(J) with a population of at least 
                200,000 in its urbanized area will expend one percent 
                of the amount the recipient receives each fiscal year 
                under this section for transit enhancement activities 
                described in section 5302(a)(15) of this 
                title.''.</DELETED>
<DELETED>    (f) Government's Share of Costs.--Section 5307(e), is 
amended--</DELETED>
        <DELETED>    (1) in the first sentence, by striking 
        ``(including associated capital maintenance items)''; 
        and</DELETED>
        <DELETED>    (2) in the fourth sentence, by striking ``that are 
        more than the amount of those revenues in the fiscal year that 
        ended September 30, 1985'' and inserting ``and amounts received 
        under a service agreement with a State or local social service 
        agency or a private social service organization''.</DELETED>
<DELETED>    (g) Undertaking Projects in Advance.--Section 5307(g) is 
amended by striking paragraph (4).</DELETED>
<DELETED>    (h) Reviews, Audits, and Evaluations.--Section 5307(h), as 
redesignated, is amended in paragraph (1) (A) by striking ``shall'' and 
inserting ``may''.</DELETED>
<DELETED>    (i) Relationship to Other Laws.--Section 5307(k), as 
redesignated, is amended to read as follows:</DELETED>
<DELETED>    ``(k)(1) Sections 5301, 5302, 5303, 5304, 5306, 5315(c), 
5318, 5319, 5323, 5325, 5327, 5329, 5330, 5331, 5332, 5333 and 5335'' 
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.</DELETED>
<DELETED>    ``(2) The provision of assistance under this chapter shall 
not be construed as bringing within the application of chapter 15, 
title 5, U.S.C., any nonsupervisory employee of a public transportation 
system (or any other agency or entity performing related functions) to 
which such chapter is otherwise inapplicable.''.</DELETED>
<DELETED>    (j) Conforming Amendments.--</DELETED>
        <DELETED>    (1) The item relating to section 5307 in the table 
        of sections for chapter 53 is amended to read as 
        follows:</DELETED>

<DELETED>``5307. Urbanized area public transportation formula grants 
                            program.''.
        <DELETED>    (2) Section 3037 of the Transportation Equity Act 
        for the 21st Century, Public Law 105-178, as amended, is 
        repealed.</DELETED>

<DELETED>SEC. 3010. FORMULA GRANTS FOR OTHER THAN URBANIZED 
              AREAS.</DELETED>

<DELETED>    (a) Definitions.--Section 5311(a) is amended to read as 
follows:--</DELETED>
<DELETED>    ``(a) Definitions.--In this section--</DELETED>
        <DELETED>    ``(1) `recipient' means a State that receives a 
        Federal transit program grant directly from the Federal 
        government.</DELETED>
        <DELETED>    ``(2) `subrecipient' means a State or local 
        governmental authority, a nonprofit organization, or a private 
        operator of public transportation service that may receive a 
        Federal transit program grant indirectly through a recipient, 
        rather than directly from the Federal government.''.</DELETED>
<DELETED>    (b) General Authority.--Section 5311(b) is amended--
</DELETED>
        <DELETED>    (1) by revising paragraph (1) to read as 
        follows:</DELETED>
        <DELETED>    ``(1) Except as provided in paragraph (2) of this 
        subsection, the Secretary may make grants to areas other than 
        urbanized areas under this section for the following:</DELETED>
                <DELETED>    ``(A) public transportation capital 
                projects;</DELETED>
                <DELETED>    ``(B) operating costs of equipment and 
                facilities for use in public transportation; 
                and</DELETED>
                <DELETED>    ``(C) the acquisition of public 
                transportation services.'';</DELETED>
        <DELETED>    (2) by redesignating paragraph (2) as paragraph 
        (3) and inserting a new paragraph (2), as follows:</DELETED>
        <DELETED>    ``(2) A project eligible for a grant under this 
        section shall be included in a State program for public 
        transportation service projects, including agreements with 
        private providers of public transportation service. 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 public transportation service assisted under 
        this section with transportation service assisted by other 
        federal sources.'';</DELETED>
        <DELETED>    (3) In paragraph (3), as redesignated, by 
        inserting ``use not more than 2 percent of the amount made 
        available to carry out this section to'' before ``make''; 
        and</DELETED>
        <DELETED>    (4) by adding after paragraph (3) the 
        following:</DELETED>
        <DELETED>    ``(4) Of the amount available to carry out 
        paragraph (3), not more than 15 percent may be used to carry 
        out projects of a national scope, with the remaining balance 
        provided to the States.''.</DELETED>
<DELETED>    (c) Apportioning Amounts.--Subsection (c) is amended to 
read as follows:</DELETED>
<DELETED>    ``(c) Apportionments.--</DELETED>
        <DELETED>    ``(1) The amounts made available under section 
        5338(a)(2)(K) shall be apportioned as follows:</DELETED>
                <DELETED>    ``(A) For each eligible State in 
                accordance with paragraph (2) of this 
                subsection:</DELETED>
                        <DELETED>    ``(i) $2,500,000 in fiscal year 
                        2004.</DELETED>
                        <DELETED>    ``(ii) Three percent in fiscal 
                        year 2005.</DELETED>
                        <DELETED>    ``(iii) Five percent in fiscal 
                        year 2006.</DELETED>
                        <DELETED>    ``(iv) Seven percent in fiscal 
                        year 2007.</DELETED>
                        <DELETED>    ``(v) Nine percent in fiscal year 
                        2008.</DELETED>
                        <DELETED>    ``(vi) Ten percent in every fiscal 
                        year thereafter.</DELETED>
                <DELETED>    ``(B) Remaining amounts shall be 
                apportioned to each State in accordance with paragraph 
                (3) of this subsection.</DELETED>
        <DELETED>    ``(2)(A) Of the amounts to be apportioned under 
        paragraph (1)(A) of this subsection, the Secretary may use the 
        following amounts to make grants to establish data collection 
        systems capable of collecting the data in subparagraph (C) of 
        this paragraph:</DELETED>
                <DELETED>    ``(i) 100 percent in fiscal year 
                2004.</DELETED>
                <DELETED>    ``(ii) $1,500,000 in fiscal year 
                2005.</DELETED>
                <DELETED>    ``(iii) $500,000 in fiscal year 
                2006.</DELETED>
        <DELETED>    ``(B) Amounts under subparagraph (A) of this 
        paragraph not obligated within three years following the end of 
        the fiscal year in which those amounts became available shall 
        be available for apportionment under subparagraph (C) of this 
        paragraph.</DELETED>
        <DELETED>    ``(C) The remaining amounts to be apportioned 
        under paragraph (1)(A) of this subsection shall be apportioned 
        by a formula determined by the Secretary that distributes funds 
        based on increases in public transportation patronage in other-
        than-urbanized areas.</DELETED>
        <DELETED>    ``(D) In apportioning funds under subparagraph (C) 
        of this paragraph, the Secretary may consider the efficiency of 
        service provision in the non-urbanized areas in the 
        State.</DELETED>
        <DELETED>    ``(3) Each State shall receive an amount equal to 
        the remaining 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 Federal 
        government decennial census of population.''.</DELETED>
<DELETED>    (d) Use for Administrative, Planning, and Technical 
Assistance.--Section 5311(e) is amended by striking--</DELETED>
        <DELETED>    (1) ``Use for administration and technical 
        assistance. (1)'' and inserting ``Use for administration, 
        planning, and technical assistance.''; and</DELETED>
        <DELETED>    (2) ``to a recipient'' after ``technical 
        assistance''; and</DELETED>
        <DELETED>    (3) paragraph (2).</DELETED>
<DELETED>    (e) Intercity Bus Transportation.--Section 5311(f) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``after 
        September 30, 1993,''; and</DELETED>
        <DELETED>    (2) by inserting at the beginning of paragraph (2) 
        ``After consultation with affected intercity bus service 
        providers,''.</DELETED>
<DELETED>    (f) Government's Share of Costs.--Section 5311(g) is 
amended to read as follows:</DELETED>
<DELETED>    ``(g) Government's Share of Costs.--</DELETED>
        <DELETED>    ``(1) 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. 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. The remainder--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) 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, except for Federal Land 
                Highway funds) that are eligible to be expended for 
                transportation.</DELETED>
        <DELETED>    ``(2) 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.</DELETED>
        <DELETED>    ``(3) For purposes of paragraph (2)(B) of this 
        section, the prohibitions on the use of funds for matching 
        requirements under section 403(a)(5)(c)(vii) of the Social 
        Security Act shall not apply to federal or state funds to be 
        used for transportation purposes.''.</DELETED>
<DELETED>    (g) Indian Reservation Rural Transit Program.--Section 
5311(h) is amended to read as follows:</DELETED>
<DELETED>    ``(h) Indian Reservation Rural Transit Program.--
</DELETED>
        <DELETED>    ``(1) In this subsection, the term `Indian tribe' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b).</DELETED>
        <DELETED>    ``(2)(A) The Secretary shall establish and carry 
        out through the States a program to provide grants to Indian 
        tribes to operate, maintain, and establish rural transit 
        programs on reservations or other land under the jurisdiction 
        of the Indian tribes.</DELETED>
        <DELETED>    ``(B) The state may waive or reduce the amount of 
        local share required for these grants.</DELETED>
        <DELETED>    ``(3) Notwithstanding any other provision of law, 
        for each fiscal year, of the amount made available to carry out 
        this section under section 5338(a)(2)(K) for the fiscal year, 
        the Secretary shall make available $10,000,000 to carry out 
        this subsection.</DELETED>
        <DELETED>    ``(4) Of the funds made available pursuant to 
        paragraph (3) of this subsection,</DELETED>
                <DELETED>    ``(A) $9,500,000 shall be apportioned to 
                the states based on a ratio equal to the tribal 
                population in each state divided by the total tribal 
                population in all states, as shown by the latest 
                decennial census of population for allocation to 
                existing Indian tribal rural transit programs and to 
                plan and establish new Indian tribe rural transit 
                programs;</DELETED>
                <DELETED>    ``(B) prior to distribution by states of 
                in-state amounts to Indian tribes, each State may use 
                up to 5 percent for state administration;</DELETED>
                <DELETED>    ``(C) amounts apportioned to a state under 
                paragraph (A) of this subsection shall be distributed 
                to Indian tribes in the state based on an allocation 
                plan--</DELETED>
                        <DELETED>    ``(i) the state develops in 
                        cooperation with Indian tribes;</DELETED>
                        <DELETED>    ``(ii) the Secretary approves; 
                        and</DELETED>
                        <DELETED>    ``(iii) that provides an 
                        appropriate distribution for funding the needs 
                        of existing and new Indian Reservation Rural 
                        Transit Systems; and</DELETED>
                <DELETED>    ``(D) $500,000 shall be available to the 
                Secretary to provide technical assistance, including 
                best practices and outreach, to the states and tribes 
                through grants, contracts, or other arrangements and 
                shall be in addition to and not in lieu of other funds 
                available for these purposes.</DELETED>
        <DELETED>    ``(5) An amount apportioned to the states under 
        this subsection--</DELETED>
                <DELETED>    ``(A) remains available for 3 years after 
                the fiscal year in which the amount was apportioned; 
                and</DELETED>
                <DELETED>    ``(B) shall be reapportioned among the 
                states if unobligated at the end of the 3-year 
                period.''.</DELETED>
<DELETED>    (h) Relationship to Other Laws.--Section 5311(j) is 
amended to read as follows:</DELETED>
<DELETED>    ``(j) Relationship to Other Laws.--</DELETED>
        <DELETED>    ``(1) Except as provided in subparagraphs (2) and 
        (3) of this subsection, a grant under this section is subject 
        to the requirements of 5307 to the extent the Secretary 
        considers appropriate.</DELETED>
        <DELETED>    ``(2) Sections 5323(a)(1)(D) and 5333(b) of this 
        title shall apply, provided that the Secretary of Labor shall 
        utilize a Special Warranty that provides a fair and equitable 
        arrangement to protect the interest of employees.</DELETED>
        <DELETED>    ``(3) The Secretary may waive the applicability of 
        the Special Warranty under paragraph (2) for private non-profit 
        subrecipients on a case-by-case basis as the Secretary deems 
        appropriate.</DELETED>
        <DELETED>    ``(4) This subsection does not affect or discharge 
        a responsibility of the Secretary under a law of the United 
        States.''.</DELETED>

<DELETED>SEC. 3011. NEW FREEDOM PROGRAM.</DELETED>

<DELETED>    (a) Chapter 53 of title 49, United States Code, is amended 
by inserting after section 5316 the following:</DELETED>
<DELETED>``Sec. 5317. New Freedom program</DELETED>
<DELETED>    ``(a) Definitions.--In this section--</DELETED>
        <DELETED>    ``(1) `recipient' means a State that receives a 
        grant under this section directly.</DELETED>
        <DELETED>    ``(2) `subrecipient' means a State or local 
        governmental authority, a nonprofit organization, or a private 
        operator of public transportation service that may receive a 
        grant under this section indirectly through a recipient, rather 
        than directly from the Federal government.''.</DELETED>
<DELETED>    ``(b) General Authority.--</DELETED>
        <DELETED>    ``(1) The Secretary of Transportation may provide 
        grants to recipients for new transportation services and 
        transportation alternatives beyond those required by the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.), including motor vehicle programs that assist persons 
        with disabilities with transportation to and from jobs and 
        employment support services.</DELETED>
        <DELETED>    ``(2) A recipient may use not more than 15 percent 
        of the amounts apportioned under this section to administer, 
        plan, and provide technical assistance for a project funded 
        under this section.</DELETED>
<DELETED>    ``(c) Apportionments.--</DELETED>
        <DELETED>    ``(1) The Secretary shall apportion amounts made 
        available under section 5338(a)(2)(H) of this title under a 
        formula the Secretary administers.</DELETED>
        <DELETED>    ``(2) The recipient may transfer any funds 
        apportioned to it under this subsection to sections 5311(c) or 
        5336. Any funds transferred pursuant to this subsection shall 
        be made available only for eligible projects selected under 
        this section.</DELETED>
<DELETED>    ``(d) Grant Requirements.--</DELETED>
        <DELETED>    ``(1) Except as provided in paragraphs (2) and (3) 
        of this subsection, a grant under this section is subject to 
        the requirements of 5307 to the extent the Secretary considers 
        appropriate.</DELETED>
        <DELETED>    ``(2) Section 5333(b) of this title shall apply, 
        provided that the Secretary of Labor shall utilize a Special 
        Warranty that provides a fair and equitable arrangement to 
        protect the interest of employees.</DELETED>
        <DELETED>    ``(3) The Secretary may waive the applicability of 
        the Special Warranty under paragraph (2) for private non-profit 
        subrecipients on a case-by-case basis as the Secretary deems 
        appropriate.</DELETED>
        <DELETED>    ``(4) 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.</DELETED>
<DELETED>    ``(e) Competitive Process.--</DELETED>
        <DELETED>    ``(1) The recipient shall conduct a statewide 
        solicitation for applications for grants under this 
        section.</DELETED>
        <DELETED>    ``(2) Subrecipients seeking to receive a grant 
        under this section shall submit to the recipient an application 
        in the form and in accordance with such requirements as the 
        recipient shall establish.</DELETED>
        <DELETED>    ``(3) Subrecipients submitting applications 
        pursuant to paragraph (2) shall be selected on a competitive 
        basis.</DELETED>
<DELETED>    ``(f) Coordination.--</DELETED>
        <DELETED>    ``(1) The Secretary shall coordinate activities 
        under this section with related activities under programs of 
        other Federal departments and agencies.</DELETED>
        <DELETED>    ``(2) A recipient that transfers funds to section 
        5336 pursuant to subsection (c)(2) shall certify that the 
        project for which the funds are requested has been coordinated 
        with private non-profit providers of services under this 
        section.</DELETED>
        <DELETED>    ``(3) A recipient of funds under this section 
        shall certify that--</DELETED>
                <DELETED>    ``(A) the projects selected were derived 
                from a locally developed, coordinated public transit-
                human services transportation plan; and</DELETED>
                <DELETED>    ``(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;</DELETED>
<DELETED>    ``(g) Government's Share of Costs.--</DELETED>
        <DELETED>    ``(1) 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. 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. The remainder may be--</DELETED>
                <DELETED>    ``(A) 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</DELETED>
                <DELETED>    ``(B) derived from amounts appropriated to 
                or made available to a department or agency of the 
                Federal government (other than the Department of 
                Transportation, except for Federal Land Highway funds) 
                that are eligible to be expended for 
                transportation.</DELETED>
        <DELETED>    ``(2) 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.</DELETED>
        <DELETED>    ``(3) For purposes of paragraph (1)(B) of this 
        section, the prohibitions on the use of funds for matching 
        requirements under section 403(a)(5)(c)(vii) of the Social 
        Security Act shall not apply to federal or state funds to be 
        used for transportation purposes.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of sections for 
chapter 53 is amended after the item relating to section 5316 by adding 
the following:</DELETED>

<DELETED>``5317. New Freedom program.''.

<DELETED>SEC. 3012. MAJOR CAPITAL INVESTMENT PROGRAM.</DELETED>

<DELETED>    (a) Major Capital Investment Program.--Section 5309 is 
amended to reads as follows:</DELETED>
<DELETED>``Sec. 5309. Major capital investment grants</DELETED>
<DELETED>    ``(a) General Authority.--</DELETED>
        <DELETED>    ``(1) The Secretary of Transportation may make 
        grants under this section to State and local governmental 
        authorities to assist them and their subrecipients in financing 
        capital projects for--</DELETED>
                <DELETED>    ``(A) new fixed guideway systems, 
                extensions to existing fixed guideway systems, and 
                related project activities;</DELETED>
                <DELETED>    ``(B) the capital costs of coordinating 
                public transportation with other 
                transportation;</DELETED>
                <DELETED>    ``(C) the introduction of new technology, 
                through innovative or improved products, into public 
                transportation; or</DELETED>
                <DELETED>    ``(D) the development of corridors to 
                support public transportation, including protecting 
                rights of way through acquisition, construction of 
                dedicated bus and high occupancy vehicle lanes or park 
                and ride lots, or other capital improvements that the 
                Secretary may decide would result in increased public 
                transportation usage in the corridor.</DELETED>
        <DELETED>    ``(2) The Secretary shall require that a grant 
        under this subsection be subject to the 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.</DELETED>
<DELETED>    ``(b) Project as Part of Approved Program of Projects.--
</DELETED>
        <DELETED>    ``(1) The Secretary may not approve a grant for a 
        project under this section unless the Secretary finds that the 
        project is part of an approved transportation plan and program 
        of projects required under sections 5303-5306 of this title, 
        and that the applicant has or will have the legal, financial, 
        and technical capacity to carry out the project (including 
        safety and security aspects of the project), satisfactory 
        continuing control over the use of the equipment or facilities, 
        and the capability and willingness to maintain the equipment or 
        facilities.</DELETED>
        <DELETED>    ``(2) An applicant that has submitted a 
        certification required by section 5307(d)(1) (A)-(C) and (H) of 
        this title shall provide sufficient information upon which the 
        Secretary can make the findings required by this 
        subsection.</DELETED>
<DELETED>    ``(c) Criteria for Major Capital Investment Grants of 
$75,000,000 or More.--</DELETED>
        <DELETED>    ``(1) 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 and has been rated as 
        `medium,' `medium-high,' or `high,' as defined in this 
        subsection.</DELETED>
        <DELETED>    ``(2) The Secretary may approve a grant under this 
        section for a major capital project only if the Secretary makes 
        the following determinations, based upon evaluations and 
        considerations as set forth below:</DELETED>
                <DELETED>    ``(A) The Secretary may approve a grant 
                under this section for a major capital project only if 
                the Secretary determines that the proposed project is--
                </DELETED>
                        <DELETED>    ``(i) based on the results of an 
                        alternatives analysis and preliminary 
                        engineering;</DELETED>
                        <DELETED>    ``(ii) justified based on a 
                        comprehensive review of its mobility 
                        improvements, environmental benefits, cost 
                        effectiveness, operating efficiencies, transit 
                        supportive policies and existing land use; 
                        and</DELETED>
                        <DELETED>    ``(iii) supported by an acceptable 
                        degree of local financial commitment, including 
                        evidence of stable and dependable financing 
                        sources to construct the project, and maintain, 
                        and operate the entire public transportation 
                        system.</DELETED>
                <DELETED>    ``(B) Before making the determinations 
                required by paragraph (2)(A), the Secretary shall first 
                analyze, evaluate, and consider the following 
                factors:</DELETED>
                        <DELETED>    ``(i) In evaluating a project for 
                        purposes of making the finding required by 
                        paragraph (2)(A)(i), the Secretary shall 
                        analyze and consider the results of the 
                        alternatives analysis and preliminary 
                        engineering for the project.</DELETED>
                        <DELETED>    ``(ii) In evaluating a project for 
                        purposes of making the finding required by 
                        paragraph (2)(A)(ii), the Secretary shall--
                        </DELETED>
                                <DELETED>    ``(I) consider the direct 
                                and indirect costs of relevant 
                                alternatives;</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(III) identify and 
                                consider public transportation 
                                supportive existing land use policies 
                                and future patterns, and the cost of 
                                suburban sprawl;</DELETED>
                                <DELETED>    ``(IV) consider the degree 
                                to which the project increases the 
                                mobility of the public transportation 
                                dependent population or promotes 
                                economic development;</DELETED>
                                <DELETED>    ``(V) consider population 
                                density and current transit ridership 
                                in the corridor;</DELETED>
                                <DELETED>    ``(VI) consider the 
                                technical capability of the grant 
                                recipient to construct the 
                                project;</DELETED>
                                <DELETED>    ``(VII) adjust the project 
                                justification to reflect differences in 
                                local land, construction, and operating 
                                costs; and</DELETED>
                                <DELETED>    ``(VIII) consider other 
                                factors that the Secretary determines 
                                appropriate to carry out this 
                                chapter.</DELETED>
                        <DELETED>    ``(iii) In evaluating a project 
                        under paragraph (2)(A)(iii), the Secretary 
                        shall require that--</DELETED>
                                <DELETED>    ``(I) the proposed project 
                                plan provides for the availability of 
                                contingency amounts that the Secretary 
                                determines to be reasonable to cover 
                                unanticipated cost increases;</DELETED>
                                <DELETED>    ``(II) each proposed local 
                                source of capital and operating 
                                financing is stable, reliable, and 
                                available within the proposed project 
                                timetable; and</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iv) In assessing the stability, 
                        reliability, and availability of proposed 
                        sources of local financing under paragraph 
                        (2)(A)(iii), the Secretary shall consider--
                        </DELETED>
                                <DELETED>    ``(I) existing grant 
                                commitments;</DELETED>
                                <DELETED>    ``(II) the degree to which 
                                financing sources are dedicated to the 
                                purposes propose;</DELETED>
                                <DELETED>    ``(III) any debt 
                                obligation that exists or is proposed 
                                by the recipient for the proposed 
                                project or other public transportation 
                                purpose; and</DELETED>
                                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) 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 the findings, the Secretary shall 
        evaluate and rate the project as `high,' `medium-high,' 
        `medium,' `low-medium,' or `low,' 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.</DELETED>
<DELETED>    ``(d) Criteria for Major Capital Investment Grants Less 
Than $75,000,000.--If the assistance provided under this section is 
less than $75,000,000, the project shall be subject to the requirements 
set forth in subsection (c) of this section only to the extent the 
Secretary determines appropriate.</DELETED>
<DELETED>    ``(e) Previously Issued Letter of Intent or Full Funding 
Grant Agreement.--Subsections (c) and (d) of this section 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 2003.</DELETED>
<DELETED>    ``(f) Letters of Intent, Full Funding Grant Agreements, 
and Early Systems Work Agreements.--</DELETED>
        <DELETED>    ``(1)(A) The Secretary may issue a letter of 
        intent to an applicant announcing an intention to obligate, for 
        a major 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.</DELETED>
        <DELETED>    ``(B) At least 30 days before issuing a letter 
        under subparagraph (A) of this paragraph or entering into a 
        full funding grant agreement, 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 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.</DELETED>
        <DELETED>    ``(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, U.S.C., or an administrative commitment.</DELETED>
        <DELETED>    ``(D) An obligation or administrative commitment 
        may be made only when amounts are appropriated.</DELETED>
        <DELETED>    ``(2)(A) The Secretary may make a full funding 
        grant agreement with an applicant. The agreement shall--
        </DELETED>
                <DELETED>    ``(i) establish the terms of participation 
                by the United States Government in a project under this 
                section;</DELETED>
                <DELETED>    ``(ii) establish the maximum amount of 
                Government financial assistance for the 
                project;</DELETED>
                <DELETED>    ``(iii) cover the period of time for 
                completing the project, including a period extending 
                beyond the period of an authorization; and</DELETED>
                <DELETED>     ``(iv) make timely and efficient 
                management of the project easier according to the law 
                of the United States.</DELETED>
        <DELETED>    ``(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, 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.</DELETED>
        <DELETED>    ``(3)(A) 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--</DELETED>
                <DELETED>    ``(i) a full funding grant agreement for 
                the project will be made; and</DELETED>
                <DELETED>    ``(ii) the terms of the work agreement 
                will promote ultimate completion of the project more 
                rapidly and at less cost.</DELETED>
        <DELETED>    ``(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 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.</DELETED>
        <DELETED>    ``(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 major 
        capital investment projects or an amount equivalent to the last 
        3 fiscal years of funding authorized under section 
        5338(b)(3)(C) for major capital investment projects, less an 
        amount the Secretary 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.</DELETED>
        <DELETED>    ``(B) 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, Public Law 102-240, as 
        amended, 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.</DELETED>
<DELETED>    ``(g) Government's Share of Net Project Cost.--</DELETED>
        <DELETED>    ``(1) 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 50 percent 
        of the net capital project cost, unless the grant recipient 
        requests a lower grant percentage.</DELETED>
        <DELETED>    ``(2) The remainder--</DELETED>
                <DELETED>    ``(A) shall be from an undistributed cash 
                surplus, a replacement or depreciation cash fund or 
                reserve, or new capital; and</DELETED>
                <DELETED>    ``(B) may include up to 30 percent from 
                amounts appropriated to or made available to a 
                department or agency of the Federal Government that are 
                eligible to be expended for transportation.</DELETED>
        <DELETED>    ``(3) In addition to amounts allowed pursuant to 
        paragraph (1) of this subsection, 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.</DELETED>
        <DELETED>    ``(4) The prohibitions on the use of funds for 
        matching requirements under section 403(a)(5)(C)(vii) of the 
        Social Security Act shall not apply to amounts allowed pursuant 
        to paragraph (2) of this subsection.</DELETED>
        <DELETED>    ``(5) This subsection does not apply to projects 
        for which the Secretary of Transportation 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 2003.</DELETED>
<DELETED>    ``(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) of this 
section, the Secretary may also give consideration to `high,' `medium-
high,' or `medium' projects sponsored by grant applicants and State and 
local governments of constrained fiscal capacity in selecting projects 
for full funding grant agreements.</DELETED>
<DELETED>    ``(i) Preliminary Engineering.--Not more than 8 percent of 
the amounts made available in each fiscal year to carry out this 
section may be available for preliminary engineering.</DELETED>
<DELETED>    ``(j) Undertaking Projects in Advance.--</DELETED>
        <DELETED>    ``(1) 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--</DELETED>
                <DELETED>    ``(A) the State or local governmental 
                authority applies for the payment;</DELETED>
                <DELETED>    ``(B) the Secretary approves the payment; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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, that the applicant has shown reasonable diligence in 
        seeking the most favorable financial terms.</DELETED>
        <DELETED>    ``(3) The Secretary shall consider changes in 
        capital project cost indices when determining the estimated 
        cost under paragraph (2) of this subsection.</DELETED>
<DELETED>    ``(k) Use of Deobligated Amounts.--An amount available 
under this section that is deobligated may be used for any purpose 
under this section.</DELETED>
<DELETED>    ``(l) Reports.--</DELETED>
        <DELETED>    ``(1) 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, as well as the Subcommittee on 
        Transportation of the Committees on Appropriations of both 
        Houses, a report that may include--</DELETED>
                <DELETED>    ``(A) an allocation of amounts to be 
                available to finance grants for capital investment 
                projects among applicants for these amounts;</DELETED>
                <DELETED>    ``(B) an assessment 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</DELETED>
                <DELETED>    ``(C) detailed ratings and evaluations on 
                each project listed.</DELETED>
        <DELETED>    ``(2) The Secretary shall submit a report to 
        Congress on the first Monday in February, the first Monday in 
        June, and the first Monday in October each year that includes--
        </DELETED>
                <DELETED>    ``(A) a summary of the ratings of all 
                applicant's capital investment projects;</DELETED>
                <DELETED>    ``(B) detailed ratings and evaluations on 
                each applicant project with significant changes to the 
                finance or project proposal or has completed 
                alternatives or preliminary engineering since the date 
                of the last report; and</DELETED>
                <DELETED>    ``(C) all relevant information that 
                support the evaluation and rating of each updated 
                project, including a summary of each updated project's 
                financial plan.</DELETED>
<DELETED>    ``(m) Project Defined.--In this section, the term `major 
capital investment project' with respect to a new fixed guideway system 
or extension to an existing fixed guideway system, means a minimum 
operable segment of the project.''.</DELETED>

<DELETED>SEC. 3013. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND 
              DEPLOYMENT PROJECTS.</DELETED>

<DELETED>    (a) In General.--Section 5312 is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``or contracts'' and 
                inserting ``, contracts, cooperative agreements, or 
                other transactions'';</DELETED>
                <DELETED>    (B) by striking ``help reduce urban 
                transportation needs,'';</DELETED>
                <DELETED>    (C) by striking ``urban'' each place it 
                appears; and</DELETED>
                <DELETED>    (D) by striking ``and demonstration 
                projects related'' and inserting ``, demonstration or 
                deployment projects, or evaluation of technology of 
                national significance'';</DELETED>
        <DELETED>    (2) by striking subsections (b) and (c);</DELETED>
        <DELETED>    (3) by redesignating subsections (d) and (e) as 
        (b) and (c), respectively.</DELETED>
        <DELETED>    (4) in subsection (b)(2), as redesignated, by 
        striking ``other agreements'' and inserting ``other 
        transactions'';</DELETED>
        <DELETED>    (5) in subsection (b)(3), as redesignated, by 
        striking ``50'' and inserting ``80'';</DELETED>
        <DELETED>    (6) in subsection (b)(4), by adding the following 
        sentence at the end: ``The evaluation criteria shall include 
        consideration of a share of consortium contributions to the 
        overall research costs.'';</DELETED>
        <DELETED>    (7) in subsection (c)(2), as redesignated, by 
        striking ``and'' and inserting ``or'' before ``private''; 
        and</DELETED>
        <DELETED>    (8) in subsections (b)(5) and (c)(3), as 
        redesignated, by striking ``within the Mass Transit Account of 
        the Highway Trust Fund''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (1) Section 5312 is amended by striking the 
        section heading and inserting the following:</DELETED>
<DELETED>``Sec. 5312. Research, development, demonstration, and 
              deployment projects''.</DELETED>
        <DELETED>    (2) The item relating to section 5312 in the table 
        of sections is amended to read as follows:</DELETED>

<DELETED>``Sec. 5312. Research, development, demonstration, and 
                            deployment projects.''.

<DELETED>SEC. 3014. COOPERATIVE RESEARCH GRANT PROGRAM.</DELETED>

<DELETED>    (a) In General.--Section 5313 is amended--</DELETED>
        <DELETED>    (1) in subsection (a) by--</DELETED>
                <DELETED>    (A) striking ``(1)'';</DELETED>
                <DELETED>    (B) striking ``paragraphs (1) and 
                (2)(C)(ii) of section 5338(d) and inserting 
                ``5338(a)(2)(F)(iii)(I) and (III)''; and</DELETED>
                <DELETED>    (C) striking ``(2)'' and inserting ``(b) 
                Federal Assistance.--'';</DELETED>
        <DELETED>    (2) by striking subsection (b); and</DELETED>
        <DELETED>    (3) in subsection (c), by striking ``subsection 
        (a) of''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (1) Section 5313 is amended by striking the 
        section heading and inserting the following:</DELETED>
<DELETED>``Sec. 5313. Cooperative research program''.</DELETED>
        <DELETED>    (2) The item relating to section 5313 in the table 
        of sections is amended to read as follows:</DELETED>

<DELETED>``5313. Cooperative research program.''.

<DELETED>SEC. 3015. NATIONAL RESEARCH PROGRAMS.</DELETED>

<DELETED>    (a) In General.--Section 5314 is amended--</DELETED>
        <DELETED>    (1) in the section heading, by striking ``planning 
        and'';</DELETED>
        <DELETED>    (2) in subsection (a)(1), by--</DELETED>
                <DELETED>    (A) striking ``subsections (d) and (h)(7) 
                of section 5338'' and inserting ``section 
                5338(a)(2)(F)'';</DELETED>
                <DELETED>    (B) striking ``and contracts'' and 
                inserting ``, contracts, cooperative agreements, or 
                other transactions''; and</DELETED>
                <DELETED>    (C) striking ``5317,'';</DELETED>
        <DELETED>    (3) in the first sentence of subsection (a)(3), by 
        striking all that follows ``chapter'';</DELETED>
        <DELETED>    (4) by striking subsection (a)(4)(B);</DELETED>
        <DELETED>    (5) by redesignating subsection (a)(4)(C) as 
        subsection (a)(4)(B); and</DELETED>
        <DELETED>    (6) in subsection (b), by striking ``or contract'' 
        and all that follows in the first sentence, and inserting ``, 
        contract, cooperative agreement, or other transaction under 
        subsection (a) of this section or section 5312.''</DELETED>
<DELETED>    (b) Conforming Amendments.--The item relating to section 
5314 in the table of sections is amended to read as follows:</DELETED>

<DELETED>``5314. National research programs.''.

<DELETED>SEC. 3016. NATIONAL TRANSIT INSTITUTE.</DELETED>

<DELETED>    Section 5315 is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``public mass 
                transportation'' and inserting ``public 
                transportation'' each place it appears;</DELETED>
                <DELETED>    (B) by striking ``mass'' after 
                ``Government-aid'' and inserting ``public''; 
                and</DELETED>
                <DELETED>    (C) in paragraphs (1), (6), (7), and (10) 
                by striking ``mass'' each place it appears before 
                ``transportation'' and inserting ``public'';</DELETED>
        <DELETED>     (2) by striking subsection (b);</DELETED>
        <DELETED>    (3) by redesignating subsections (c) and (d) as 
        subsections (b) and (c), respectively; and</DELETED>
        <DELETED>    (4) in subsection (c), as redesignated, by 
        striking ``mass'' each place it appears.</DELETED>

<DELETED>SEC. 3017. BUS TESTING FACILITY.</DELETED>

<DELETED>    Section 5318 is amended--</DELETED>
        <DELETED>    (1) by revising subsection (a) to read as 
        follows:</DELETED>
<DELETED>    ``(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.'';</DELETED>
        <DELETED>    (2) in subsection (d), by striking ``section 
        5309(m)(1)(C)'' and inserting section 5338(a)(2)(I); 
        and</DELETED>
        <DELETED>    (3) by revising subsection (e) to read as 
        follows:</DELETED>
<DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 3018. BICYCLE FACILITIES.</DELETED>

<DELETED>    Section 5319 is amended by striking ``5309(h),'' and 
inserting `` 5309(g),''.</DELETED>

<DELETED>SEC. 3019. SUSPENDED LIGHT RAIL TECHNOLOGY PILOT 
              PROJECT.</DELETED>

<DELETED>    Section 5320 is repealed.</DELETED>

<DELETED>SEC. 3020. GENERAL PROVISIONS ON ASSISTANCE.</DELETED>

<DELETED>    Section 5323 is amended--</DELETED>
        <DELETED>    (1) In paragraph (a)(1) by--</DELETED>
                <DELETED>    (A) striking ``private mass transportation 
                company'' each place it appears and inserting ``private 
                company engaged in public transportation'';</DELETED>
                <DELETED>    (B) striking ``mass transportation 
                equipment or a mass transportation facility'' and 
                inserting ``a public transportation facility or 
                equipment''; and</DELETED>
                <DELETED>    (C) striking ``mass transportation 
                company'' and inserting ``public transportation 
                company'';</DELETED>
        <DELETED>    (2) in subsection (a)(1)(B), by striking ``private 
        mass transportation companies'' and inserting ``private 
        companies engaged in public transportation'';</DELETED>
        <DELETED>    (3) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by striking ``or loan''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``a certificate 
                        of the applicant'' and inserting ``in the 
                        environmental record for the project 
                        evidence''; and</DELETED>
                <DELETED>    (B) in subparagraph (A) of paragraph (1), 
                by striking ``a public hearing with adequate prior 
                notice'' and inserting ``public review and comment on 
                the project''</DELETED>
                <DELETED>    (C) by amending subparagraph (B) of 
                paragraph (1) to read as follows:</DELETED>
                <DELETED>    ``(B) held a public hearing on the project 
                if it affects significant economic, social, or 
                environmental interests;'';</DELETED>
        <DELETED>    (4) in paragraph (2), by striking the last 
        sentence;</DELETED>
        <DELETED>    (5) by revising subsection (c) to read as 
        follows:</DELETED>
<DELETED>    ``(c) New Technology.--A grant for financial assistance 
under this chapter for new technology, including innovative or improved 
products, techniques, or methods is subject to the requirements of 
section 5309 of this title to the extent the Secretary considers 
appropriate.'';</DELETED>
        <DELETED>    (6) in subsection (d)--</DELETED>
                <DELETED>    (A) by revising paragraph (2) to read as 
                follows:</DELETED>
        <DELETED>    ``(2) The Secretary may waive paragraph (1) of 
        this subsection if the Secretary finds that the provision of 
        intercity charter bus transportation service by the applicant, 
        governmental authority, or publicly owned operator is necessary 
        to meet the transportation needs of the elderly and individuals 
        with disabilities.''; and</DELETED>
                <DELETED>    (B) by adding at the end the following 
                paragraph:</DELETED>
        <DELETED>    ``(3) 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. 
        If the Secretary decides that a violation has occurred, the 
        Secretary shall correct the violation under terms of the 
        agreement. 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 deems appropriate.'';</DELETED>
        <DELETED>    (7) by striking subsection (e);</DELETED>
        <DELETED>    (8) by redesignating subsection (f) as 
        (e);</DELETED>
        <DELETED>    (9) in subsection (e), as redesignated--</DELETED>
                <DELETED>    (A) by revising paragraph (2) to read as 
                follows:</DELETED>
        <DELETED>    ``(2) The Secretary may waive paragraph (1) of 
        this subsection if the Secretary finds that the provision of 
        schoolbus transportation by the applicant, governmental 
        authority, or publicly owned operator is necessary to meet the 
        transportation needs of students with disabilities.''; 
        and</DELETED>
                <DELETED>    (B) by adding at the end the following 
                paragraph:</DELETED>
        <DELETED>    ``(3) If the Secretary finds that an applicant, 
        governmental authority, or publicly owned operator has violated 
        the agreement required under paragraph (1) of this subsection, 
        the Secretary shall bar a recipient or an operator from 
        receiving Federal transit assistance in an amount the Secretary 
        deems appropriate.'';</DELETED>
        <DELETED>    (10) by revising subsection (f) to read as 
        follows:</DELETED>
<DELETED>    ``(f) Bond Proceeds Eligible for Local Share.--</DELETED>
        <DELETED>    ``(1) Notwithstanding any other provision of law, 
        a recipient of assistance under sections 5307 or 5309 of this 
        chapter, may use the proceeds from the issuance of revenue 
        bonds as part of the local matching funds for a capital 
        project.</DELETED>
        <DELETED>    ``(2) 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)(1a)(K) of this title from amounts made available to the 
        recipient under sections 5307 or 5309 of this 
        title.'';</DELETED>
        <DELETED>    (11) in subsection (g), by--</DELETED>
                <DELETED>    (A) striking ``(f)'' and inserting 
                ``(e)'';</DELETED>
                <DELETED>    (B) striking ``103(e)(4) and'' in the 
                first and second sentence and inserting ``133''; 
                and</DELETED>
                <DELETED>    (C) striking (f)(1)(C) and inserting 
                ``(e)(1)(C)'';</DELETED>
        <DELETED>    (12) by revising subsection (h) to read as 
        follows:</DELETED>
<DELETED>    ``(h) Transfer of Lands or Interests in Lands Owned by the 
United States.--</DELETED>
        <DELETED>    ``(1) 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 transit 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.</DELETED>
        <DELETED>    ``(2) If within four months after such filing, the 
        Secretary of such Department shall not have certified to the 
        Secretary that the proposed appropriation of such land is 
        contrary to the public interest or inconsistent with the 
        purposes for which such land has been reserved, or shall have 
        agreed to the appropriation and transfer under conditions which 
        the Secretary of such Department deems 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.</DELETED>
        <DELETED>    ``(3) If at any time such lands are no longer 
        needed for public transportation purposes, notice shall be 
        given by the State, or local government, or public 
        transportation operator that received the land, to the 
        Secretary, and such lands shall immediately revert to the 
        control of the Secretary of the Department from which the land 
        was originally transferred.'';</DELETED>
        <DELETED>    (13) in subsection (j)--</DELETED>
                <DELETED>    (A) by revising paragraph (1) to read as 
                follows:</DELETED>
        <DELETED>    ``(1)(A) The Secretary may obligate an amount that 
        may be appropriated to carry out this chapter for a project 
        only if the steel, iron, rolling stock, and components and 
        subcomponents of the rolling stock used in the project are 
        produced in the United States.</DELETED>
        <DELETED>    ``(B) When procuring rolling stock (including 
        train control, communication, and traction power equipment) 
        under this chapter--</DELETED>
                <DELETED>    ``(i) the cost of components and 
                subcomponents produced in the United States shall be 
                more than 60 percent of the cost of all components of 
                the rolling stock; and</DELETED>
                <DELETED>    ``(ii) final assembly of the rolling stock 
                shall occur in the United States.</DELETED>
        <DELETED>    ``(C) In this subsection, labor costs involved in 
        final assembly are not included in calculating the cost of 
        components.'';</DELETED>
        <DELETED>    (B) in paragraph (2)(B)--</DELETED>
                        <DELETED>    (i) by striking ``and goods'' and 
                        inserting ``rolling stock, and the components 
                        and subcomponents of rolling stock''; 
                        and</DELETED>
                        <DELETED>    (ii) by adding ``or'' at the 
                        end;</DELETED>
                <DELETED>    (C) by striking paragraph 
                (2)(C);</DELETED>
                <DELETED>    (D) by redesignating paragraph (2)(D) as 
                paragraph (2)(C);</DELETED>
                <DELETED>    (E) by striking paragraph (3) and 
                redesignating paragraphs (4), (5), (6), and (7) as 
                paragraphs (3), (4), (5), and (6), 
                respectively;</DELETED>
                <DELETED>    (F) in paragraph (4), as redesignated, by 
                striking ``Intermodal Surface Transportation Efficiency 
                Act of 1991 (Public Law 102-240, 105 Stat. 1914'' and 
                inserting ``Safe, Accountable, Flexible, and Efficient 
                Transportation Equity Act of 2003'';</DELETED>
        <DELETED>    (14) by revising subsection (l) to read as 
        follows:</DELETED>
<DELETED>    ``(l) Relationship to Other Laws.--Section 1001 of title 
18, U.S.C., 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.'';</DELETED>
        <DELETED>    (15) in subsection (m), by inserting at the end 
        the following: ``Requirements to perform preaward and 
        postdelivery reviews of rolling stock purchases to ensure 
        compliance with subsection (j) of this section do not apply to 
        private nonprofit organizations or to grantees serving areas 
        with fewer than one million people.'';</DELETED>
        <DELETED>    (16) in subsection (o) by striking ``the 
        Transportation Infrastructure Finance and Innovation Act of 
        1998'' and inserting ``23 U.S.C. 188''.</DELETED>

<DELETED>SEC. 3021. SPECIAL PROVISIONS FOR CAPITAL PROJECTS.</DELETED>

<DELETED>    (a) In General.--Section 5324 is amended to read as 
follows:</DELETED>
<DELETED>Sec. 5324. Special provisions for capital projects</DELETED>
<DELETED>    ``(a) Real Property and Relocation Services.--Whenever 
real property is acquired and furnished as a required contribution 
incident to a project, the Secretary may not approve the application 
for financial assistance unless the applicant has made all payments and 
provided all assistance and assurances as are required of a State 
agency under Sections 210 and 305 of the Uniform Relocation Assistance 
and Real Property Acquisition Policies Act, as amended (Uniform Act). 
The Secretary must be advised of specific references to any State law 
that are believed to be an exception to Sections 301 or 302 of the 
Uniform Act.</DELETED>
<DELETED>    ``(b) Advance Real Property Acquisitions.--</DELETED>
        <DELETED>    ``(1) The Secretary may participate in the 
        acquisition of real property prior to completion of the 
        environmental reviews for any project that may use the property 
        if the Secretary determines that external market forces are 
        jeopardizing the potential use of the property for the project, 
        given any of the following conditions--</DELETED>
                <DELETED>    ``(A) there are offers on the open real 
                estate market to convey that property for a use or uses 
                incompatible with the project under study;</DELETED>
                <DELETED>    ``(B) there is an imminent threat of 
                development or redevelopment of the property for use or 
                uses incompatible with the project under 
                study;</DELETED>
                <DELETED>    ``(C) recent appraisals reflect a rapid 
                increase in the fair market value of the 
                property;</DELETED>
                <DELETED>    ``(D) the property, because it is located 
                near an existing transportation facility, is likely to 
                be developed, but also likely to be needed for a future 
                transportation improvement; or</DELETED>
                <DELETED>    ``(E) the property owner can demonstrate 
                that, for health, safety, or financial reasons, 
                retaining ownership of the property poses an undue 
                hardship on the owner in comparison to other affected 
                property owners and requests the acquisition to 
                alleviate that hardship.</DELETED>
        <DELETED>    ``(2) Property acquired in accordance with this 
        subsection may not be developed in anticipation of the project 
        until the Secretary has complied with the National 
        Environmental Policy Act and the applicable provisions of the 
        Department of Transportation Act for protection of publicly 
        owned park lands, wildlife and waterfowl refuges, and historic 
        sites.</DELETED>
        <DELETED>    ``(3) The Secretary shall limit the size and 
        number of properties acquired in accordance with this 
        subsection as necessary to avoid any prejudice to the 
        Secretary's objective evaluation of project 
        alternatives.</DELETED>
        <DELETED>    ``(4) An acquisition undertaken pursuant to this 
        section shall be considered to be an exempt project under 
        section 176 of the Clear Air Act and its implementing 
        regulations.</DELETED>
<DELETED>    ``(c) Railroad Corridor Preservation.--</DELETED>
        <DELETED>    ``(1) The Secretary may assist an applicant in the 
        acquisition of a pre-existing railroad right-of-way prior to 
        completion of the environmental reviews for any project that 
        may use the right-of-way if the acquisition is otherwise 
        permitted under Federal law; furthermore, the Secretary may 
        establish restrictions on such an acquisition as the Secretary 
        deems necessary and appropriate.</DELETED>
        <DELETED>    ``(2) Railroad right-of-way acquired in accordance 
        with this subsection may not be developed in anticipation of 
        the project until the Secretary has complied with the National 
        Environmental Policy Act and the applicable provisions of the 
        Department of Transportation Act for protection of publicly 
        owned park lands, wildlife and waterfowl refuges, and historic 
        sites.</DELETED>
<DELETED>    ``(d) Consideration of Economic, Social, and Environmental 
Interests.--</DELETED>
        <DELETED>    ``(1) In carrying out section 5301(e) of this 
        chapter, the Secretary shall cooperate and consult with the 
        Secretaries of the Interior, Housing and Urban Development, and 
        the Administrator of the Environmental Protection Agency on 
        each project that may have a substantial impact on the 
        environment.</DELETED>
        <DELETED>    ``(2) In performing environmental reviews, the 
        Secretary shall consider the public comments on a project 
        submitted under section 5323(b) of this title and ensure 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--</DELETED>
                <DELETED>    ``(A) the environmental impact of the 
                proposal;</DELETED>
                <DELETED>    ``(B) adverse environmental effects that 
                cannot be avoided;</DELETED>
                <DELETED>    ``(C) alternatives to the proposal; 
                and</DELETED>
                <DELETED>    ``(D) irreversible and irretrievable 
                impacts on the environment.</DELETED>
        <DELETED>    ``(3)(A) 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 environmental record included with the 
        project application, that--</DELETED>
                <DELETED>    ``(i) an adequate opportunity to present 
                views was given to all parties having a significant 
                economic, social, or environmental interest;</DELETED>
                <DELETED>    ``(ii) the preservation and enhancement of 
                the environment and the interest of the community in 
                which the project is located were considered; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(B) The Secretary's findings under subparagraph 
        (A) of this paragraph shall be made a matter of public 
        record.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The item relating to section 
5324 in the table of sections for chapter 53 is amended to read as 
follows:</DELETED>

<DELETED>``5324. Special provisions for capital projects.''.

<DELETED>SEC. 3022. CONTRACT REQUIREMENTS.</DELETED>

<DELETED>    (a) In General.--Section 5325 is amended--</DELETED>
        <DELETED>    (1) by revising subsection (a) to read as 
        follows:</DELETED>
<DELETED>    ``(a) Competition.--Recipients of Federal assistance under 
this chapter shall conduct all procurement transactions in a manner 
providing full and open competition as determined by the 
Secretary.'';</DELETED>
        <DELETED>    (2) by revising subsection (b) to read as 
        follows:</DELETED>
<DELETED>    ``(b) Architectural, Engineering, and Design Contracts.--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, U.S.C., or an equivalent qualifications-based 
requirement of a State. This subsection does not apply to the extent a 
State has adopted or adopts by law a formal procedure for procuring 
those services. When awarding such contracts, recipients of assistance 
under this chapter shall maximize efficiencies of administration by 
accepting non-disputed audits conducted by other governmental agencies 
as follows:</DELETED>
        <DELETED>    ``(1) 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.</DELETED>
        <DELETED>    ``(2) 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 Regulations for one-
        year applicable accounting periods by a cognizant Federal or 
        State government agency, if such rates are not currently under 
        dispute.</DELETED>
        <DELETED>    ``(3) 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.</DELETED>
        <DELETED>    ``(4) 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 by 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.'';</DELETED>
        <DELETED>    (3) by inserting new subsections (d) through (h), 
        after subsection (c), to read as follows:</DELETED>
<DELETED>  ``(d) Design-Build System Projects.--</DELETED>
        <DELETED>    ``(1) `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.</DELETED>
        <DELETED>    ``(2) 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.</DELETED>
<DELETED>    ``(e) Multiyear Rolling Stock.--</DELETED>
        <DELETED>    ``(1) A recipient procuring rolling stock with 
        Government financial assistance under this chapter may make a 
        multiyear contract, including options, to buy not more than 5 
        years of requirements for rolling stock and replacement 
        parts.</DELETED>
        <DELETED>    ``(2) The Secretary shall allow a recipient to act 
        on a cooperative basis to procure rolling stock in compliance 
        with this subsection and other Government procurement 
        requirements.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) based on--</DELETED>
                <DELETED>    ``(A) initial capital costs; or</DELETED>
                <DELETED>    ``(B) performance, standardization, life 
                cycle costs, and other factors; or</DELETED>
        <DELETED>    ``(2) with a party selected through a competitive 
        procurement process.</DELETED>
<DELETED>    ``(g) Examination of the Records.--Upon request, the 
Secretary and the Comptroller General, or any of their representatives, 
shall have access to and the right to examine and inspect all records, 
documents, papers, including contracts, related to a projects for which 
a grant is made under this chapter.</DELETED>
<DELETED>    ``(h) Grant Prohibitions.---A grant may not be used to 
support a procurement that uses an exclusionary or discriminatory 
specification.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--Chapter 53 of title 49, United 
States Code, is amended by--</DELETED>
        <DELETED>    (1) repealing section 5326; and</DELETED>
        <DELETED>    (2) striking ``5326. Special Procurements.'' in 
        the table of sections for chapter 53.</DELETED>

<DELETED>SEC. 3023. HUMAN RESOURCE PROGRAMS.</DELETED>

<DELETED>    (a) In General.--Section 5322 is amended--</DELETED>
        <DELETED>    (1) by inserting ``(a) In General.--'' before the 
        beginning of the first sentence of the section; and</DELETED>
        <DELETED>    (2) by adding the following at the end:</DELETED>
<DELETED>    ``(b) Grants to Higher Learning Institutions.--</DELETED>
        <DELETED>    ``(1) The Secretary (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--</DELETED>
                <DELETED>    ``(A) to conduct competent research and 
                investigations into the theoretical or practical 
                problems of urban transportation; and</DELETED>
                <DELETED>    ``(B) to train individuals to conduct 
                further research or obtain employment in an 
                organization that plans, builds, operates, or manages 
                an urban transportation system.</DELETED>
        <DELETED>    ``(2) Research and investigations under this 
        subsection include--</DELETED>
                <DELETED>    ``(A) the design and use of urban public 
                transportation systems and urban roads and 
                highways;</DELETED>
                <DELETED>    ``(B) the interrelationship between 
                various modes of urban and interurban 
                transportation;</DELETED>
                <DELETED>    ``(C) the role of transportation planning 
                in overall urban planning;</DELETED>
                <DELETED>    ``(D) public preferences in 
                transportation;</DELETED>
                <DELETED>    ``(E) the economic allocation of 
                transportation resources; and</DELETED>
                <DELETED>    ``(F) the legal, financial, engineering, 
                and esthetic aspects of urban transportation.</DELETED>
        <DELETED>    ``(3) 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 urban 
        transportation problems.</DELETED>
<DELETED>    ``(c) Fellowships.--</DELETED>
        <DELETED>    ``(1) 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 mass transportation field.</DELETED>
        <DELETED>    ``(2) 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. 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. A grant for a 
        fellowship may not be more than the lesser of $65,000 or 75 
        percent of--</DELETED>
                <DELETED>    ``(A) tuition and other charges to the 
                fellowship recipient;</DELETED>
                <DELETED>    ``(B) additional costs incurred by the 
                training institution and billed to the grant recipient; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Other Grants.--The Secretary may make grants to 
State and local governmental authorities for projects that will use 
innovative techniques and methods in managing and providing public 
transportation.''.</DELETED>

<DELETED>SEC. 3024. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.</DELETED>

<DELETED>    (a) Project Management Plan Requirements.--Section 5327(a) 
is amended--</DELETED>
        <DELETED>    (1) by striking ``and'' at the end of paragraph 
        11;</DELETED>
        <DELETED>    (2) in paragraph 12, by striking the ``.'' and 
        inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding after paragraph (12) the 
        following:</DELETED>
        <DELETED>    ``(13) safety and security 
        management.''.</DELETED>
<DELETED>    (b) Limitations on Use of Available Amounts.--Section 
5327(c) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) by striking ``.5'' and inserting 
                ``1'';</DELETED>
                <DELETED>    (B) by striking ``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,'' and inserting ``5307-
                5311, 5316, or 5317 of this title,'';</DELETED>
                <DELETED>    (C) by striking ``to make a 
                contract'';</DELETED>
                <DELETED>    (D) by striking ``a major project'' and 
                inserting ``major projects''; and</DELETED>
                <DELETED>    (E) by striking ``section 5307, 5309, 
                5311, or 103(e)(4)'' and inserting ``sections 5307-
                5311, 5316, 5317,'';</DELETED>
        <DELETED>    (2) in paragraph (2), by inserting ``and 
        security'' after ``safety''; and</DELETED>
        <DELETED>    (3) by redesignating paragraph (3) as (4) and 
        inserting a new paragraph (3), as follows:</DELETED>
        <DELETED>    ``(3) The Secretary shall deduct a sum in an 
        amount that the Secretary determines necessary to administer 
        this section from the amounts made available under paragraph 
        (1) of this subsection. These funds shall be in addition to any 
        other funds made available for these purposes, and shall remain 
        available until expended.''.</DELETED>

<DELETED>SEC. 3025. PROJECT REVIEW.</DELETED>

<DELETED>    Section 5328 is repealed.</DELETED>

<DELETED>SEC. 3026. INVESTIGATIONS OF SAFETY AND SECURITY 
              RISK.</DELETED>

<DELETED>    (a) In General.--Section 5329 is amended to read as 
follows:</DELETED>
<DELETED>``Sec. 5329. Investigation of safety and security 
              risks</DELETED>
<DELETED>    ``The Secretary may conduct investigations into safety and 
security risks associated with a condition in equipment, a facility, or 
an operation financed under this chapter to establish the nature and 
extent of the condition and how to eliminate, mitigate, or correct it. 
If the Secretary establishes that a safety or security risk warrants 
further protective measures, the Secretary shall require the local 
governmental authority receiving amounts under this chapter to submit a 
plan for eliminating, mitigating, or correcting it. Any such plan 
relating to security risks shall be developed in consultation with the 
Secretary of Homeland Security. 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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The item relating to section 
5329 in the table of sections for chapter 53 is amended to read as 
follows:</DELETED>

<DELETED>``5329. Investigation of safety and security risks.''.

<DELETED>SEC. 3027. STATE SAFETY OVERSIGHT.</DELETED>

<DELETED>    (a) In General.--Section 5330 is amended--</DELETED>
        <DELETED>    (1) by striking the heading ``Withholding Amounts 
        for Noncompliance with Safety Requirements'' and inserting 
        ``State Safety Oversight'';</DELETED>
        <DELETED>    (2) in subsection (a), by striking the text and 
        inserting the following ``This section applies only to--
        </DELETED>
        <DELETED>    ``(1) States that have rail fixed guideway public 
        transportation systems not subject to regulation by the Federal 
        Railroad Administration; and</DELETED>
        <DELETED>    ``(2) States that are designing rail fixed 
        guideway public transportation systems that will not be 
        subjected to regulation by the Federal Railroad 
        Administration.'';</DELETED>
        <DELETED>    (3) in subsection (d) by inserting ``shall ensure 
        uniform safety standards and enforcement and'' after ``affected 
        States''; and</DELETED>
        <DELETED>    (4) by striking subsection (f).</DELETED>
<DELETED>    (b) Conforming Amendment.--The item relating to section 
5330 in the table of sections for chapter 53 is amended to read as 
follows:</DELETED>

<DELETED>``5330. State safety oversight.''.

<DELETED>SEC. 3028. SENSITIVE SECURITY INFORMATION.</DELETED>

<DELETED>    Section 40119(b) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)(C) by striking 
        ``transportation safety'' and inserting ``the safety of 
        transportation facilities or infrastructure, or transportation 
        employees''; and</DELETED>
        <DELETED>    (2) by adding at the end a new paragraph (3), to 
        read as follows:</DELETED>
        <DELETED>    ``(3) A State or local government may not enact, 
        enforce, prescribe, issue, or continue in effect any law, 
regulation, standard, or order to the extent it is inconsistent with 
this section or regulations prescribed under this section.''.</DELETED>

<DELETED>SEC. 3029. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE 
              AGAINST PUBLIC TRANSPORTATION SYSTEMS.</DELETED>

<DELETED>    (a) In General.--Section 1993 of title 18, U.S.C., is 
amended--</DELETED>
        <DELETED>    (1) by striking ``mass'' in each place it appears 
        before ``transportation'' and inserting ``public'';</DELETED>
        <DELETED>    (2) in subsection (a)(5), by inserting 
        ``controlling,'' after ``operating''; and</DELETED>
        <DELETED>    (3) in subsection (c)(5), by striking 
        ``5302(a)(7)'' and inserting ``5302(a)''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The item related to section 
1993 in the table of contents for chapter 97 of title 18, U.S.C. is 
amended to read as follows:</DELETED>

<DELETED>``1993. Terrorist attacks and other acts of violence against 
                            public transportation systems.''.

<DELETED>SEC. 3030. CONTROLLED SUBSTANCES AND ALCOHOL MISUSE 
              TESTING.</DELETED>

<DELETED>    (a) Definitions.--Section 5331(a)(3) is amended by 
inserting after ``title'' the following: ``, or sections 2303a, 
7101(i), 7302(e) of title 46, United States Code. 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 other Federal 
agency.''.</DELETED>
<DELETED>    (b) Regulations.--Section 5331(f) is amended by striking 
paragraph (3).</DELETED>

<DELETED>SEC. 3031. EMPLOYEE PROTECTIVE ARRANGEMENTS.</DELETED>

<DELETED>    Section 5333(b)(1) is amended by striking ``5318(d), 
5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)'' each place it 
appears and inserting ``5316-5318, 5323(a)(1), (b), and (c), 5337, and 
5338(b)(3)(C)''.</DELETED>

<DELETED>SEC. 3032. ADMINISTRATIVE PROCEDURES.</DELETED>

<DELETED>    Section 5334 is amended--</DELETED>
        <DELETED>    (1) in subsection (a),</DELETED>
                <DELETED>    (A) by striking ``and'' at the end of 
                paragraph (9);</DELETED>
                <DELETED>    (B) by striking the period at the end of 
                paragraph (10) and inserting ``; and''; and</DELETED>
                <DELETED>    (C) by inserting after paragraph (10) the 
                following:</DELETED>
        <DELETED>    ``(11) issue regulations as necessary to carry out 
        the purposes of this chapter.'';</DELETED>
        <DELETED>    (2) by redesignating subsections (b), (c), (d), 
        (e), (f), (g), (h), (i), and (j) as subsections (c), (d), (e), 
        (f), (g), (h), (i), (j), and (k);</DELETED>
        <DELETED>    (3) by adding a new subsection (b) after 
        subsection (a), to read as follows:</DELETED>
<DELETED>    ``(b) Prohibitions Against Regulating Operations and 
Charges.--Except as directed by the President 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 public or private 
transportation provider; provided, however, that nothing in this 
subsection shall prevent the Secretary from requiring a recipient of 
funds under this chapter to comply with the terms and conditions of its 
Federal assistance agreement.''; and</DELETED>
        <DELETED>    (4) in subsection (j)(1), as 
        redesignated,</DELETED>
                <DELETED>    (A) by striking ``carry'' and inserting 
                ``advise and assist the Secretary in carrying''; 
                and</DELETED>
                <DELETED>    (B) by striking ``and (b)(1)'' and insert 
                ``5322(b)(1)''.</DELETED>

<DELETED>SEC. 3033. REPORTS AND AUDITS.</DELETED>

<DELETED>    Section 5335 is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by--</DELETED>
                <DELETED>    (A) striking ``(1)''; and</DELETED>
                <DELETED>    (B) striking ``(2)'' and inserting ``(b) 
                Reporting and Uniform Systems.--''; and</DELETED>
        <DELETED>    (2) by striking subsection (b).</DELETED>

<DELETED>SEC. 3034. APPORTIONMENTS OF APPROPRIATIONS FOR FORMULA 
              GRANTS.</DELETED>

<DELETED>    (a) In General.--Section 5336 is amended by--</DELETED>
        <DELETED>    (1) striking subsection (d);</DELETED>
        <DELETED>    (2) striking subsection (k);</DELETED>
        <DELETED>    (3) redesignating subsections (a) through (c) as 
        subsections (b) through (d), respectively; and</DELETED>
        <DELETED>    (4) adding a new subsection (a) as 
        follows:</DELETED>
<DELETED>    ``(a) Apportionment of Allocations.--Of the amounts 
allocated under section 5338(a)(2)(P) of this title--</DELETED>
        <DELETED>    ``(1) the following percentages shall be 
        apportioned to each urbanized area in accordance with 
        subsection (k) of this section:</DELETED>
                <DELETED>    ``(A) One percent in fiscal year 
                2004.</DELETED>
                <DELETED>    ``(B) Three percent in fiscal year 
                2005.</DELETED>
                <DELETED>    ``(C) Five percent in fiscal year 
                2006.</DELETED>
                <DELETED>    ``(D) Seven percent in fiscal year 
                2007.</DELETED>
                <DELETED>    ``(E) Nine percent in fiscal year 
                2008.</DELETED>
                <DELETED>    ``(F) Ten percent in every fiscal year 
                thereafter.</DELETED>
        <DELETED>    ``(2) the remaining portion shall be apportioned 
        to each urbanized area in accordance with subsections (b) 
        through (d) of this section.''.</DELETED>
<DELETED>    (b) Based on Urbanized Area Population.--Subsection (b), 
as redesignated, is amended--</DELETED>
        <DELETED>    (1) by striking ``Of the amount made available or 
        appropriated under section 5338(a) of this title'' and 
        inserting ``Of the amount to be apportioned under subsection 
        (a)(2) of this section''; and</DELETED>
        <DELETED>    (2) in paragraph (2), by striking ``subsections 
        (b) and (c)'' and inserting ``subsections (c) and 
        (d)''.</DELETED>
<DELETED>    (c) Based on Fixed Guideway Revenue Vehicle-Miles, Route-
Miles, and Passenger-Miles.--Subsection (c)(2), as redesignated, is 
amended by striking ``subsection (a)(2)'' and inserting ``subsection 
(b)(2)''.</DELETED>
<DELETED>    (d) Based on Bus Revenue Vehicle-Miles and Passenger-
Miles.--Subsection (d), as redesignated, is amended by striking 
``subsection (a)(2)'' and inserting ``subsection (b)(2)''.</DELETED>
<DELETED>    (e) Date of Apportionment.--Subsection (e)(1) is amended 
by striking ``subsections (a) and (h)(2) of section 5338'' and 
inserting ``section 5338(a)(2)(P)''.</DELETED>
<DELETED>    (f) Transfers of Apportionments.--Subsection (g) is 
amended by striking ``subsection (a)(1)'' and inserting ``subsection 
(b)(1)'' each time it appears.</DELETED>
<DELETED>    (g) Apportionment Based on Incentive Factors.--Section 
5336 is amended by adding a new subsection (k) as follows:</DELETED>
<DELETED>    ``(k) Apportionment Based on Incentive Factors.--
</DELETED>
        <DELETED>    ``(1) Of the amounts apportioned under subsection 
        (a)(1) of this section, the Secretary may use the following 
        amounts to make grants to establish data collection systems 
        capable of collecting the data in paragraph (3) of this 
        subsection:</DELETED>
                <DELETED>    ``(A) $25,000,000 in fiscal year 
                2004.</DELETED>
                <DELETED>    ``(B) $15,000,000 in fiscal year 
                2005.</DELETED>
                <DELETED>    ``(C) $5,000,000 in fiscal year 
                2006.</DELETED>
        <DELETED>    ``(2) Amounts under paragraph (1) of this 
        subsection not obligated within three years following the end 
        of the fiscal year in which those amounts became available 
        shall be available for apportionment under paragraph (3) of 
        this subsection.</DELETED>
        <DELETED>    ``(3) The remaining amounts to be apportioned 
        under subsection (a)(1) of this section shall be apportioned by 
        a formula determined by the Secretary that distributes funds 
        based on increases in public transportation 
        patronage.</DELETED>
        <DELETED>    ``(4) In apportioning funds under this subsection, 
        the Secretary may consider the efficiency of service provision 
        in the urbanized area.</DELETED>
        <DELETED>    ``(5) The Secretary shall not apportion any 
        amounts under this subsection to an urbanized area that 
        experiences a significant decline, as determined by the 
        Secretary, in public transportation patronage by elderly 
        individuals, individuals with disabilities, or low income 
        persons.''.</DELETED>

<DELETED>SEC. 3035. APPORTIONMENTS BASED ON FIXED GUIDEWAY 
              FACTORS.</DELETED>

<DELETED>    (a) Section Heading.--Section 5337 is amended by striking 
the section heading and inserting the following:</DELETED>
<DELETED>``Sec. 5337. Apportionment based on fixed guideway 
              factors''.</DELETED>
<DELETED>    (b) Distribution.--The text of subsection 5337(a) before 
the first colon is amended to read as follows: ``Amounts made available 
under section 5338(a)(2)(N) of this title are apportioned as 
follows:''.</DELETED>
<DELETED>    (c) In General.--Section 5337 is amended by--</DELETED>
        <DELETED>    (1) striking ``section 5336(b)(2)(A)'' each place 
        it appears and inserting ``section 5336(c)(2)(A)'';</DELETED>
        <DELETED>    (2) striking subsection (e); and</DELETED>
        <DELETED>    (3) redesignating subsection (f) as subsection 
        (e).</DELETED>
<DELETED>    (d) Conforming Amendment.--The item relating to section 
5337 in the table of sections for chapter 53 is amended to read as 
follows:</DELETED>

<DELETED>``5337. Apportionment based on fixed guideway factors.''.

<DELETED>SEC. 3036. AUTHORIZATIONS.</DELETED>

<DELETED>    The text of section 5338 is amended to read as 
follows:</DELETED>
<DELETED>    ``(a) Formula Grants and Research.--</DELETED>
        <DELETED>    ``(1) There shall be available from the Mass 
        Transit Account of the Highway Trust Fund to carry out sections 
        5305, 5307, 5308, 5310-5318, 5322, 5335, 5505, and 5570-5575 of 
        this title, and section 3038 of Public Law 105-178--</DELETED>
                <DELETED>    ``(A) $5,615,406,000 for fiscal year 
                2004;</DELETED>
                <DELETED>    ``(B) $5,727,714,000 for fiscal year 
                2005;</DELETED>
                <DELETED>    ``(C) $5,846,851,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    ``(D) $5,978,405,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    ``(E) $6,126,071,000 for fiscal year 2008; 
                and</DELETED>
                <DELETED>    ``(F) $6,274,935,000 for fiscal year 
                2009.</DELETED>
        <DELETED>    ``(2) Of the aggregate of amounts made available 
        under this subsection for a fiscal year,</DELETED>
                <DELETED>    ``(A) 1.25 percent shall be available to 
                carry out section 5305 in the fiscal year 
                2004;</DELETED>
                <DELETED>    ``(B) 2 percent shall be available to 
                carry out section 5305 in fiscal years 2005 through 
                2009;</DELETED>
                <DELETED>    ``(C) the following amounts shall be 
                available to carry out section 5335--</DELETED>
                        <DELETED>    ``(i) $3,500,000 in fiscal year 
                        2004;</DELETED>
                        <DELETED>    ``(ii) $3,700,000 in fiscal year 
                        2005;</DELETED>
                        <DELETED>    ``(iii) $3,900,000 in fiscal year 
                        2006;</DELETED>
                        <DELETED>    ``(iv) $4,100,000 in fiscal year 
                        2007;</DELETED>
                        <DELETED>    ``(v) $4,300,000 in fiscal year 
                        2008; and</DELETED>
                        <DELETED>    ``(vi) $4,500,000 in fiscal year 
                        2009;</DELETED>
                <DELETED>    ``(D) $4,849,950 shall be available for 
                grants to the Alaska Railroad for improvements to its 
                passenger operations in lieu of receiving an 
                apportionment under section 5336 of this 
                title;</DELETED>
                <DELETED>    ``(E) $6,950,000 shall be available to 
                carry out section 3038 of the Transportation Equity Act 
                for the 21st Century, as amended;</DELETED>
                <DELETED>    ``(F) the following amounts shall be 
                available to carry out transit cooperative research 
                programs under section 5313, the National Transit 
                Institute under section 5315, and national research 
                programs under sections 5312, 5313, 5314, and 
                5322:</DELETED>
                        <DELETED>    ``(i) $43,750,000 in fiscal year 
                        2004;</DELETED>
                        <DELETED>    ``(ii) 0.779 percent in fiscal 
                        years 2005 through 2009; and</DELETED>
                        <DELETED>    ``(iii) Of the amount made 
                        available by this paragraph:</DELETED>
                                <DELETED>    ``(I) 18.85 percent shall 
                                be available for carrying out transit 
                                cooperative research programs under 
                                section 5313;</DELETED>
                                <DELETED>    ``(II) 9.14 percent 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 ----
                                --</DELETED>
                                <DELETED>    ``(III) the remainder 
                                shall be available for carrying out 
                                national research programs under 
                                sections 5312, 5313, 5314, and 
                                5322;</DELETED>
                <DELETED>    ``(G) $30,000,000 shall be available to 
                carry out section 5316 for each fiscal year 2005 
                through 2009, based on need and supported by 
                transportation financial feasibility studies and 
                planning analyses;</DELETED>
                <DELETED>    ``(H) the following amounts shall be 
                available for the New Freedom program under section 
                5317 of this title:</DELETED>
                        <DELETED>    ``(i) $145,000,000 in fiscal year 
                        2004; and</DELETED>
                        <DELETED>    ``(ii) 2.582 percent in fiscal 
                        years 2005 through 2009;</DELETED>
                <DELETED>    ``(I) the following amounts shall be 
                available to carry out section 5318:</DELETED>
                        <DELETED>    ``(i) $3,000,000 in fiscal year 
                        2004; and</DELETED>
                        <DELETED>    ``(ii) 0.061 percent in fiscal 
                        years 2005 through 2009;</DELETED>
                <DELETED>    ``(J) $6,000,000 shall be available to 
                carry out section 5505 of this title;</DELETED>
                <DELETED>    ``(K) 6.4 percent shall be available to 
                provide financial assistance for other than urbanized 
                areas under section 5311;</DELETED>
                <DELETED>    ``(L) 1.55 percent shall be available to 
                provide financial assistance for services for elderly 
                persons and persons with disabilities under section 
                5310;</DELETED>
                <DELETED>    ``(M) the following amounts shall be 
                available to provide financial assistance for job 
                access and reverse commute projects under section 
                5308:</DELETED>
                        <DELETED>    ``(i) $150,000,000 in fiscal year 
                        2004; and</DELETED>
                        <DELETED>    ``(ii) 2.671 percent in fiscal 
                        years 2005 through 2009;</DELETED>
                <DELETED>    ``(N) the following amounts shall be 
                available to provide financial assistance for urbanized 
                areas under section 5307 and apportioned in accordance 
                with section 5337:</DELETED>
                        <DELETED>    ``(i) $1,214,400,000 in fiscal 
                        year 2004; and</DELETED>
                        <DELETED>    ``(ii) 21.626 percent in fiscal 
                        years 2005 through 2009; and</DELETED>
                <DELETED>    ``(O) $75,000,000 shall be available to 
                carry out sections 5570 through 5575 in fiscal years 
                2005 through 2009.</DELETED>
                <DELETED>    ``(P) The remaining amount shall be 
                available to provide financial assistance for urbanized 
                areas under section 5307 and apportioned in accordance 
                with section 5336.</DELETED>
<DELETED>    ``(b) Major Capital Investment Program Grants.--</DELETED>
        <DELETED>    ``(1) There shall be available from the Mass 
        Transit Account of the Highway Trust Fund to carry out sections 
        5305 and 5309--</DELETED>
                <DELETED>    ``(A) $320,594,000 for fiscal year 
                2004;</DELETED>
                <DELETED>    ``(B) $327,006,000 for fiscal year 
                2005;</DELETED>
                <DELETED>    ``(C) $333,808,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    ``(D) $341,318,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    ``(E) $349,749,000 for fiscal year 2008; 
                and</DELETED>
                <DELETED>    ``(F) $358,248,000 for fiscal year 
                2009.</DELETED>
        <DELETED>    ``(2) In addition to amounts made available under 
        paragraph (1), there are authorized to be appropriated to carry 
        out sections 5305 and 5309--</DELETED>
                <DELETED>    ``(A) $1,213,500,000 for fiscal year 
                2004;</DELETED>
                <DELETED>    ``(B) $1,236,192,000 for fiscal year 
                2005;</DELETED>
                <DELETED>    ``(C) $1,261,287,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    ``(D) $1,289,162,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    ``(E) $1,321,907,000 for fiscal year 2008; 
                and</DELETED>
                <DELETED>    ``(F) $1,355,219,000 for fiscal year 
                2009.</DELETED>
        <DELETED>    ``(3) Of the amounts made available by and 
        appropriated under this subsection for a fiscal year,</DELETED>
                <DELETED>    ``(A) 1.25 percent shall be available to 
                carry out section 5305 in the fiscal year 
                2004;</DELETED>
                <DELETED>    ``(B) 2 percent shall be available to 
                carry out section 5305 in fiscal years 2005 through 
                2009; and</DELETED>
                <DELETED>    ``(C) the remaining amount shall be 
                available to carry out Major Capital Investment Grants 
                under section 5309 of this title. --</DELETED>
<DELETED>    ``(c) Administration.--There are authorized to be 
appropriated to carry out section 5334--</DELETED>
        <DELETED>    ``(A) $76,500,000 for fiscal year 2004;</DELETED>
        <DELETED>    ``(B) $77,931,000 for fiscal year 2005;</DELETED>
        <DELETED>    ``(C) $79,513,000 for fiscal year 2006;</DELETED>
        <DELETED>    ``(D) $81,270,000 for fiscal year 2007;</DELETED>
        <DELETED>    ``(E) $83,334,000 for fiscal year 2008; 
        and</DELETED>
        <DELETED>    ``(F) $85,434,000 for fiscal year 2009.</DELETED>
<DELETED>    ``(d) Grants as Contractual Obligations.--</DELETED>
        <DELETED>    ``(1) A grant or contract approved by the 
        Secretary, that is financed with amounts made available under 
        subsections (a), (b)(1), or (e) is a contractual obligation of 
        the United States Government to pay the Government's share of 
        the cost of the project.</DELETED>
        <DELETED>    ``(2) A grant or contract, approved by the 
        Secretary, that is financed with amounts made available under 
        subsections (b)(2) or (c) 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.</DELETED>
<DELETED>    ``(e) Revenue Aligned Budget Authority.--</DELETED>
        <DELETED>    ``(1) On October 15 of fiscal year 2006 and each 
        fiscal year thereafter, the Secretary shall prorate an amount 
        of funds equal to the amount determined pursuant to section 
        251(b)(1)(C) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985 in a portion equal to the amount available 
        to each Federal transit program for which funds are available 
        from the Mass Transit Account of the Highway Trust Fund under 
        subsections (a) and (b) of this section.</DELETED>
        <DELETED>    ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated from the Mass Transit Account of 
        the Highway Trust Fund such sums as may be necessary to carry 
        out this subsection for fiscal years beginning after September 
        30, 2005.</DELETED>
<DELETED>    ``(f) Availability of Amounts.--Amounts made available by 
or appropriated under subsections (a), (b), and (e) shall remain 
available until expended.''.</DELETED>

<DELETED>SEC. 3037. NATIONAL PARKS AND PUBLIC LANDS LEGACY 
              PROJECT.</DELETED>

<DELETED>    (a) In General.--Chapter 53 is amended by inserting after 
section 5315 the following:</DELETED>
<DELETED>``Sec. 5316. National parks and public lands Legacy 
              Project</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) The Secretary of Transportation, in 
        consultation with the Secretary of the Interior, may make a 
        grant or enter into a contract, cooperative agreement, 
        interagency agreement, intra-agency agreement, or other 
        transaction to carry out a qualified project under this section 
        to enhance the protection of America's National Parks and 
        public lands and increase the enjoyment of those visiting the 
        parks and public lands by ensuring access to all, including the 
        disabled, improving conservation and park and public land 
        opportunities in urban areas through partnering with state and 
local governments, and improving park and public land transportation 
infrastructure.</DELETED>
        <DELETED>    ``(2) A grant, cooperative agreement, interagency 
        agreement, intra-agency agreement, or other transaction for a 
        qualified project under this section shall be available to 
        finance the leasing of equipment and facilities for use in 
        public transportation, subject to any regulation that the 
        Secretary may prescribe limiting the grant or agreement to 
        leasing arrangements that are more cost-effective than purchase 
        or construction.</DELETED>
<DELETED>    ``(b) Definitions.--In this section--</DELETED>
        <DELETED>    ``(1) `eligible area' means any federally owned or 
        managed park, refuge, or recreational area that is open to the 
        general public, including--</DELETED>
                <DELETED>    ``(A) a unit of the National Park 
                System;</DELETED>
                <DELETED>    ``(B) a unit of the National Wildlife 
                Refuge System;</DELETED>
                <DELETED>    ``(C) a recreational area managed by the 
                Bureau of Land Management; and</DELETED>
                <DELETED>    ``(D) a recreation area managed by the 
                Bureau of Reclamation.</DELETED>
        <DELETED>    ``(2) `Federal land management agency' means a 
        Federal agency that manages an eligible area.</DELETED>
        <DELETED>    ``(3) `public transportation' means transportation 
        by bus, rail, or any other publicly or privately owned 
        conveyance that provides to the public general or special 
        service on a regular basis, including sightseeing 
        service.</DELETED>
        <DELETED>    ``(4) `qualified participant' means--</DELETED>
                <DELETED>    ``(A) a Federal land management agency; 
                or</DELETED>
                <DELETED>    ``(B) a State, tribal, or local 
                governmental authority with jurisdiction over land in 
                the vicinity of an eligible area acting with the 
                consent of the Federal land management agency, alone or 
                in partnership with a Federal land management agency or 
                other Governmental or nongovernmental 
                participant.</DELETED>
        <DELETED>    ``(5) `qualified project' means a planning or 
        capital project in or in the vicinity of an eligible area 
        that--</DELETED>
                <DELETED>    ``(A) is an activity described in section 
                5302, 5303, or 5304;</DELETED>
                <DELETED>    ``(B) involves--</DELETED>
                        <DELETED>    ``(i) the purchase of rolling 
                        stock that incorporates clean fuel technology 
                        or the replacement of buses of a type in use on 
                        the date of enactment of this section with 
                        clean fuel vehicles; or</DELETED>
                        <DELETED>    ``(ii) the deployment of public 
                        transportation vehicles that introduce 
                        innovative technologies or methods;</DELETED>
                <DELETED>    ``(C) relates to the capital costs of 
                coordinating the Federal land management agency public 
                transportation systems with other public transportation 
                systems;</DELETED>
                <DELETED>    ``(D) provides a nonmotorized 
                transportation system (including the provision of 
                facilities for pedestrians, bicycles, and nonmotorized 
                watercraft);</DELETED>
                <DELETED>    ``(E) provides waterborne access within or 
                in the vicinity of an eligible area, as appropriate to 
                and consistent with this section; or</DELETED>
                <DELETED>    ``(F) is any other public transportation 
                project that--</DELETED>
                        <DELETED>    ``(i) enhances the 
                        environment;</DELETED>
                        <DELETED>    ``(ii) prevents or mitigates an 
                        adverse impact on a natural resource;</DELETED>
                        <DELETED>    ``(iii) improves Federal land 
                        management agency resource 
                        management;</DELETED>
                        <DELETED>    ``(iv) improves visitor mobility 
                        and accessibility and the visitor 
                        experience;</DELETED>
                        <DELETED>    ``(v) reduces congestion and 
                        pollution (including noise pollution and visual 
                        pollution); or</DELETED>
                        <DELETED>    ``(vi) conserves a natural, 
                        historical, or cultural resource (excluding 
                        rehabilitation or restoration of a non-
                        transportation facility).</DELETED>
        <DELETED>    ``(6) `Secretary' means the Secretary of 
        Transportation.</DELETED>
<DELETED>    ``(c) Limitation on Use of Available Amounts.--</DELETED>
        <DELETED>    ``(1) The Secretary, in consultation with the 
        Secretary of the Interior, may use not more than 10 percent of 
        the amount made available for a fiscal year under section 
        5338(a)(2)(G) to carry out planning, research, and technical 
        assistance under this section, including the development of 
        technology appropriate for use in a qualified 
        project.</DELETED>
        <DELETED>    ``(2) Amounts made available under this subsection 
        are in addition to amounts otherwise available to the Secretary 
        to carry out planning, research, and technical assistance under 
        this title or any other provision of law.</DELETED>
        <DELETED>    ``(3) No qualified project shall receive more than 
        12 percent of the total amount made available to carry out this 
        section under section 5338(a)(2)(G) for any fiscal 
        year.</DELETED>
<DELETED>    ``(d) Planning Process.--In undertaking a qualified 
project under this section,</DELETED>
        <DELETED>    ``(1) if the qualified participant is a Federal 
        land management agency--</DELETED>
                <DELETED>    ``(A) the Secretary, in cooperation with 
                the Secretary of the Interior, shall develop 
                transportation planning procedures that are consistent 
                with--</DELETED>
                        <DELETED>    ``(i) the metropolitan planning 
                        provisions under section 5303 of this 
                        title;</DELETED>
                        <DELETED>    ``(ii) the statewide planning 
                        provisions under section 5304 of this title; 
                        and</DELETED>
                        <DELETED>    ``(iii) the public participation 
                        requirements under section 5307(e); 
                        and</DELETED>
                <DELETED>    ``(B) in the case of a qualified project 
                that is at a unit of the National Park system, the 
                planning process shall be consistent with the general 
                management plans of the unit of the National Park 
                system; and</DELETED>
        <DELETED>    ``(2) if the qualified participant is a State or 
        local governmental authority, or more than one State or local 
        governmental authority in more than one State, the qualified 
        participant shall--</DELETED>
                <DELETED>    ``(A) comply with the metropolitan 
                planning provisions under section 5303 of this 
                title;</DELETED>
                <DELETED>    ``(B) comply with the statewide planning 
                provisions under section 5304 of this title;</DELETED>
                <DELETED>    ``(C) comply with the public participation 
                requirements under section 5307(e) of this title; 
                and</DELETED>
                <DELETED>    ``(D) consult with the appropriate Federal 
                land management agency during the planning 
                process.</DELETED>
<DELETED>    ``(e) Cost Sharing.--</DELETED>
        <DELETED>    ``(1) The Secretary, in cooperation with the 
        Secretary of the Interior, shall establish the share of 
        assistance to be provided under this section to a qualified 
        participant.</DELETED>
        <DELETED>    ``(2) In establishing the share of assistance to 
        be provided under this section, the Secretary shall consider--
        </DELETED>
                <DELETED>    ``(A) visitation levels and the revenue 
                derived from user fees in the eligible area in which 
                the qualified project is carried out;</DELETED>
                <DELETED>    ``(B) the extent to which the qualified 
                participant coordinates with a public transportation 
                authority or private entity engaged in public 
                transportation;</DELETED>
                <DELETED>    ``(C) private investment in the qualified 
                project, including the provision of contract services, 
                joint development activities, and the use of innovative 
                financing mechanisms;</DELETED>
                <DELETED>    ``(D) the clear and direct benefit to the 
                qualified participant; and</DELETED>
                <DELETED>    ``(E) any other matters that the Secretary 
                considers appropriate to carry out this 
                section.</DELETED>
        <DELETED>    ``(3) Notwithstanding any other provision of law, 
        Federal funds appropriated to any Federal land management 
        agency may be counted toward the remainder of the cost of a 
        qualified project.</DELETED>
<DELETED>    ``(f) Selection of Qualified Projects.--</DELETED>
        <DELETED>    ``(1) The Secretary of the Interior, after 
        consultation with and in cooperation with the Secretary, shall 
        determine the final selection and funding of an annual program 
        of qualified projects in accordance with this 
        section.</DELETED>
        <DELETED>    ``(2) In determining whether to include a project 
        in the annual program of qualified projects, the Secretary of 
        the Interior shall consider--</DELETED>
                <DELETED>    ``(A) the justification for the qualified 
                project, including the extent to which the qualified 
                project would conserve resources, prevent or mitigate 
                adverse impact, and enhance the environment;</DELETED>
                <DELETED>    ``(B) the location of the qualified 
                project, to ensure that the selected qualified 
                projects--</DELETED>
                        <DELETED>    ``(i) are geographically diverse 
                        nationwide; and</DELETED>
                        <DELETED>    ``(ii) include qualified projects 
                        in eligible areas located in both urban areas 
                        and rural areas;</DELETED>
                <DELETED>    ``(C) the size of the qualified project, 
                to ensure that there is a balanced 
                distribution;</DELETED>
                <DELETED>    ``(D) the historical and cultural 
                significance of a qualified project;</DELETED>
                <DELETED>    ``(E) safety;</DELETED>
                <DELETED>    ``(F) the extent to which the qualified 
                project would-</DELETED>
                        <DELETED>    ``(i) enhance livable 
                        communities;</DELETED>
                        <DELETED>    ``(ii) reduce pollution (including 
                        noise pollution, air pollution, and visual 
                        pollution);</DELETED>
                        <DELETED>    ``(iii) reduce congestion; 
                        and</DELETED>
                        <DELETED>    ``(iv) improve the mobility of 
                        people in the most efficient manner; 
                        and</DELETED>
                <DELETED>    ``(G) any other matters that the Secretary 
                considers appropriate to carry out this section, 
                including-</DELETED>
                        <DELETED>    ``(i) visitation levels;</DELETED>
                        <DELETED>    ``(ii) the use of innovative 
                        financing or joint development strategies; 
                        and</DELETED>
                        <DELETED>    ``(iii) coordination with gateway 
                        communities.</DELETED>
<DELETED>    ``(g) Qualified Projects Carried Out in Advance.--
</DELETED>
        <DELETED>    ``(1) When a qualified participant carries out any 
        part of a qualified project without assistance under this 
        section in accordance with all applicable procedures and 
        requirements, the Secretary, in consultation with the Secretary 
        of the Interior, may pay the share of the net capital project 
        cost of a qualified project if--</DELETED>
                <DELETED>    ``(A) the qualified participant applies 
                for the payment;</DELETED>
                <DELETED>    ``(B) the Secretary approves the payment; 
                and</DELETED>
                <DELETED>    ``(C) before carrying out that part of the 
                qualified project, the Secretary approves the plans and 
                specifications in the same manner as plans and 
                specifications are approved for other projects assisted 
                under this section.</DELETED>
        <DELETED>    ``(2)(A) The cost of carrying out part of a 
        qualified project under paragraph (1) includes the amount of 
        interest earned and payable on bonds issued by a State or local 
        governmental authority, to the extent that proceeds of the bond 
        are expended in carrying out that part.</DELETED>
        <DELETED>    ``(B) The rate of interest under this paragraph 
        may not exceed the most favorable rate reasonably available for 
        the qualified project at the time of borrowing.</DELETED>
        <DELETED>    ``(C) The qualified participant shall certify, in 
        a manner satisfactory to the Secretary, that the qualified 
        participant has exercised reasonable diligence in seeking the 
        most favorable interest rate.</DELETED>
<DELETED>    ``(h) Relationship to Other Laws.--</DELETED>
        <DELETED>    ``(1) A qualified participant under this section 
        is subject to the requirements of section 5307 of this title to 
        the extent the Secretary considers appropriate.</DELETED>
        <DELETED>    ``(2) Section 5333(b) of this title shall apply, 
        provided that the Secretary of Labor shall utilize a Special 
        Warranty that provides a fair and equitable arrangement to 
        protect the interest of employees.</DELETED>
        <DELETED>    ``(3) The Secretary may waive the applicability of 
        the Special Warranty under paragraph (B) for private non-profit 
        subrecipients on a case-by-case basis as the Secretary deems 
        appropriate</DELETED>
        <DELETED>    ``(4) A qualified participant under this section 
        is subject to any other terms, conditions, requirements, and 
        provisions that the Secretary determines to be appropriate to 
        carry out this section, including requirements for the 
        distribution of proceeds on disposition of real property and 
        equipment resulting from a qualified project assisted under 
        this section.</DELETED>
        <DELETED>    ``(5) If the amount of assistance anticipated to 
        be required for a qualified project under this section is 
        $75,000,000 or more, the qualified participant shall prepare a 
        project management plan in accordance with sections 5327(a) and 
        (b) of this title.</DELETED>
<DELETED>    ``(i) Asset Management.--The Secretary, in consultation 
with the Secretary of the Interior, may transfer the interest of the 
Department of Transportation in, and control over, all facilities and 
equipment acquired under this section to a qualified participant for 
use and disposition in accordance with any property management 
regulations that the Secretary determines to be appropriate.</DELETED>
<DELETED>    ``(j) Coordination of Research and Deployment of New 
Technologies.--</DELETED>
        <DELETED>    ``(1) The Secretary, in cooperation with the 
        Secretary of the Interior, may undertake, or make grants, 
        cooperative agreements, contracts (including agreements with 
        departments, agencies, and instrumentalities of the Federal 
        Government) or other transactions for research, development, 
        and deployment of new technologies in eligible areas that 
        will--</DELETED>
                <DELETED>    ``(A) conserve resources;</DELETED>
                <DELETED>    ``(B) prevent or mitigate adverse 
                environmental impact;</DELETED>
                <DELETED>    ``(C) improve visitor mobility, 
                accessibility, and enjoyment; and</DELETED>
                <DELETED>    ``(D) reduce pollution (including noise 
                pollution and visual pollution).</DELETED>
        <DELETED>    ``(2) The Secretary may request and receive 
        appropriate information from any source.</DELETED>
        <DELETED>    ``(3) Grants, cooperative agreements, contracts or 
        other transactions under paragraph (1) shall be awarded from 
        amounts allocated under subsection (c)(1).''.</DELETED>
<DELETED>    (b) Conforming Amendments.--The table of sections for 
chapter 53 is amended by inserting after the item relating to section 
5315 the following:</DELETED>

<DELETED>``5316. National parks and public lands Legacy Project.''.

<DELETED>SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILTY PROGRAM.</DELETED>

<DELETED>    (a) Section 3038 of the Transportation Equity Act for the 
21st Century, Public Law 105-178, is amended--</DELETED>
        <DELETED>    (1) by striking the section heading and inserting 
        the following: ``OVER-THE-ROAD BUS ACCESSIBILITY 
        PROGRAM.'';</DELETED>
        <DELETED>and</DELETED>
        <DELETED>    (2) by revising subsection (g) to read as 
        follows:</DELETED>
<DELETED>    ``(g) Funding.--</DELETED>
        <DELETED>    ``(1) Of the amounts made available by or 
        appropriated under section 5338(a)(2)(E) 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.</DELETED>
        <DELETED>    ``(2) Of the amounts made available by or 
        appropriated under section 5338(a)(2)(E) 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.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--The item relating to section 
3038 in the table of sections for the Transportation Equity Act for the 
21st Century is amended to read as follows:</DELETED>

<DELETED>``Over-the-road bus accessibility program.''.

<DELETED>SEC. 3039. FORMULA GRANTS FOR SPECIAL NEEDS OF ELDERLY 
              INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES.</DELETED>

<DELETED>    (a) In General.--Section 5310 is amended to read as 
follows:</DELETED>
<DELETED>    ``(a) General Authority.--</DELETED>
        <DELETED>    ``(1) The Secretary may make grants to a State 
        under this section for capital public transportation projects 
        planned, designed, and carried out to meet the special needs of 
        elderly individuals and individuals with disabilities. A State 
        may then allocate the funds to--</DELETED>
                <DELETED>    ``(A) a private non-profit organization; 
                or</DELETED>
                <DELETED>    ``(B) a governmental authority--</DELETED>
                        <DELETED>    ``(i) approved by the State to 
                        coordinate services for elderly individuals and 
                        individuals with disabilities; or</DELETED>
                        <DELETED>    ``(ii) that certifies that there 
                        are not any nonprofit organizations readily 
                        available in the area to provide the services 
                        described under this paragraph.</DELETED>
        <DELETED>    ``(2) A capital public transportation project 
        under this section may include acquiring public transportation 
        services as an eligible capital expense.</DELETED>
        <DELETED>    ``(3) A State may use not more than 15 percent of 
        the amounts apportioned under this section to administer, plan 
        and provided technical assistance for a project funded under 
        this section.</DELETED>
<DELETED>    ``(b) Apportionments.--</DELETED>
        <DELETED>    ``(1) The Secretary shall apportion amounts made 
        available under section 5338(a)(2)(M) of this title under a 
        formula the Secretary administers that considers the number of 
        elderly individuals and individuals with disabilities in each 
        State.</DELETED>
        <DELETED>    ``(2) The recipient may transfer any funds 
        apportioned to it under this subsection to sections 5311(c) or 
        5336. Any funds transferred pursuant to this subsection shall 
        be made available only for eligible projects selected under 
        this section.</DELETED>
<DELETED>    ``(c) Government's Share.--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. The remainder--
</DELETED>
        <DELETED>    ``(1) 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</DELETED>
        <DELETED>    ``(2) 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, except 
        for Federal Land Highway funds) that are eligible to be 
        expended for transportation.</DELETED>
        <DELETED>    ``(3) For purposes of paragraph (2), the 
        prohibitions on the use of funds for matching requirements 
        under section 403(a)(5)(c)(vii) of the Social Security Act 
        shall not apply to federal or state funds to be used for 
        transportation purposes.</DELETED>
<DELETED>    ``(d) Grant Requirements.--</DELETED>
        <DELETED>    ``(1) A recipient of a grant under this section is 
        subject to all requirements of a grant under section 5307 of 
        this title to the extent the Secretary considers 
        appropriate.''.</DELETED>
        <DELETED>    ``(2) A recipient that transfers funds to section 
        5336 pursuant to subsection (b)(2) shall certify that the 
        project for which the funds are requested has been coordinated 
        with private non-profit providers of services under this 
        section.</DELETED>
        <DELETED>    ``(3) A recipient of funds under this section 
        shall certify that--</DELETED>
                <DELETED>    ``(A) the projects selected were derived 
                from a locally developed, coordinated public transit-
                human services transportation plan; and</DELETED>
                <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) 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.</DELETED>
<DELETED>    ``(e) State Program of Projects.--Amounts made available 
to carry out this subsection 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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Homebound Individuals.--Public transportation 
service providers receiving assistance under this section or 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 public transportation service or reduce 
service to public transportation passengers.</DELETED>
<DELETED>    ``(h) Transfers 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.</DELETED>
<DELETED>    ``(i) Fares Not Required.--This chapter does not require 
that elderly individuals and individuals with disabilities be charged a 
fare.''.</DELETED>

<DELETED>SEC. 3040. JOB ACCESS AND REVERSE COMMUTE.</DELETED>

<DELETED>    (a) Section 5308 is amended to read as follows:</DELETED>
<DELETED>``Sec. 5308. Formula grants for job access and reverse commute 
              projects</DELETED>
<DELETED>    ``(a) Definitions.--In this section,</DELETED>
        <DELETED>    ``(1) `recipient' means a State that receives a 
        grant under this section directly; and</DELETED>
        <DELETED>    ``(2) `subrecipient' means a State or local public 
        authority, a nonprofit organization, or a private operator of 
        public transportation service that may receive a grant under 
        this section indirectly through a recipient, rather than 
        directly from the Federal Government.''.</DELETED>
<DELETED>    ``(b) General Authority.--</DELETED>
        <DELETED>    ``(1) The Secretary may make grants to a recipient 
        under this section for access to jobs and reverse commute 
        projects to a recipient.</DELETED>
        <DELETED>    ``(2) A recipient may use not more than 15 percent 
        of the amounts apportioned under this section to administer, 
        plan, and provide technical assistance for a project funded 
        under this section.</DELETED>
<DELETED>    ``(c) Apportionments.--</DELETED>
        <DELETED>    ``(1) The Secretary shall apportion amounts made 
        available under section 5338(a)(2)(M) of this title under a 
        formula the Secretary administers that considers the number of 
        low income people in each State.</DELETED>
        <DELETED>    ``(2) The recipient may transfer any funds 
        apportioned to it under this subsection to sections 5311(c) or 
        5336. Any apportionment transferred pursuant to this subsection 
        shall be made available for eligible job access and reverse 
        commute projects under this section.</DELETED>
<DELETED>    ``(d) Grant Requirements.--</DELETED>
        <DELETED>    ``(1) A grant under this section is subject to the 
        requirements of 5307 to the extent the Secretary considers 
        appropriate.</DELETED>
        <DELETED>    ``(2) Section 5333(b) of this title shall apply, 
        provided that the Secretary of Labor shall utilize a Special 
        Warranty that provides a fair and equitable arrangement to 
        protect the interest of employees.</DELETED>
        <DELETED>    ``(3) The Secretary may waive the applicability of 
        the Special Warranty under paragraph (2) for private non-profit 
        subrecipients on a case-by-case basis as the Secretary deems 
        appropriate.</DELETED>
        <DELETED>    ``(4) 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.</DELETED>
<DELETED>    ``(e) Competitive Process.--</DELETED>
        <DELETED>    ``(1) The recipient shall conduct a statewide 
        solicitation for applications for grants under this 
        section.</DELETED>
        <DELETED>    ``(2) Subrecipients seeking to receive a grant 
        under this section shall submit to the recipient an application 
        in the form and in accordance with such requirements as the 
        recipient shall establish.</DELETED>
        <DELETED>    ``(3) Subrecipients submitting applications 
        pursuant to paragraph (2) shall be selected on a competitive 
        basis.</DELETED>
<DELETED>    ``(f) Coordination.--</DELETED>
        <DELETED>    ``(1) The Secretary shall coordinate activities 
        under this section with related activities under programs of 
        other Federal departments and agencies.</DELETED>
        <DELETED>    ``(2) A recipient that transfers funds to section 
        5336 pursuant to subsection (c)(2) shall certify that the 
        project for which the funds are requested has been coordinated 
        with private non-profit providers of services under this 
        section.</DELETED>
        <DELETED>    ``(3) A recipient of funds under this section 
        shall certify that--</DELETED>
                <DELETED>    ``(A) the projects selected were derived 
                from a locally developed, coordinated public transit-
                human services transportation plan; and</DELETED>
                <DELETED>    ``(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;</DELETED>
<DELETED>    ``(g) Government's Share of Costs.--</DELETED>
        <DELETED>    ``(1) 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. 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. The remainder--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) 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, except for Federal Land 
                Highway funds) that are eligible to be expended for 
                transportation.</DELETED>
        <DELETED>    ``(2) 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.</DELETED>
        <DELETED>    ``(3) For purposes of paragraph (1)(B) of this 
        section, the prohibitions on the use of funds for matching 
        requirements under section 403(a)(5)(c)(vii) of the Social 
        Security Act shall not apply to Federal or State funds to be 
        used for transportation purposes.''</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of sections for 
chapter 53 is amended after the item relating to section 5307 to read 
as follows:</DELETED>

<DELETED>``5308. Formula grants for job access and reverse commute 
                            projects.''.

           <DELETED>TITLE IV--MOTOR CARRIER SAFETY</DELETED>

<DELETED>SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Administrative Expenses.--Section 31104 of title 49, 
United States Code, is amended by adding the following at the 
end:</DELETED>
<DELETED>    ``(i) Administrative Expenses.--</DELETED>
        <DELETED>    ``(1) 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--
        </DELETED>
                <DELETED>    ``(A) $224,406,000 for fiscal year 
                2004;</DELETED>
                <DELETED>    ``(B) $228,000,000 for fiscal year 
                2005;</DELETED>
                <DELETED>    ``(C) $233,000,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    ``(D) $239,000,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    ``(E) $244,000,000 for fiscal year 2008; 
                and</DELETED>
                <DELETED>    ``(F) $250,000,000 for fiscal year 
                2009.</DELETED>
        <DELETED>    ``(2) 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 and rules for 
        medical examiners), performance and registration information 
        system management (PRISM), a study of driver availability and 
        retention, and outreach and education; other operating expenses 
        and similar matters; and such other expenses as may from time 
        to time become necessary to implement statutory mandates not 
        funded from other sources.</DELETED>
        <DELETED>    ``(3) The amounts made available under this 
        section shall remain available until expended.</DELETED>
        <DELETED>    ``(4) 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 subtitle IV of the `Safe, Accountable, Flexible, 
        and Efficient Transportation Equity Act of 2003', 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.''.</DELETED>
<DELETED>    (b) Amendment to Title 23.--Section 104(a)(1) of title 23, 
United States Code, is amended by--</DELETED>
        <DELETED>    (1) deleting subparagraph (B);</DELETED>
        <DELETED>    (2) deleting the designation ``(A)'' at the 
        beginning of subparagraph (A) and redesignating subparagraphs 
        (A)(i) and (ii) as subparagraphs (A) and (B), respectively; 
        and</DELETED>
        <DELETED>    (3) deleting ``; and'' at the end of subparagraph 
        (B), as so redesignated, and inserting a period.</DELETED>
<DELETED>    (c) Grant Programs.--There are authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) for the following Federal Motor Carrier Safety Administration 
programs--</DELETED>
        <DELETED>    (1) Commercial driver's license/driver improvement 
        program grants under section 4002(c)--</DELETED>
                <DELETED>    (A) $22,000,000 for fiscal year 
                2004;</DELETED>
                <DELETED>    (B) $22,000,000 for fiscal year 
                2005;</DELETED>
                <DELETED>    (C) $23,000,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    (D) $23,000,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    (E) $24,000,000 for fiscal year 2008; 
                and</DELETED>
                <DELETED>    (F) $25,000,000 for fiscal year 
                2009.</DELETED>
        <DELETED>    (2) Border enforcement grants under section 
        4002(b)--</DELETED>
                <DELETED>    (A) $ 32,000,000 for fiscal year 
                2004;</DELETED>
                <DELETED>    (B) $ 33,000,000 for fiscal year 
                2005;</DELETED>
                <DELETED>    (C) $ 33,000,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    (D) $ 34,000,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    (E) $ 35,000,000 for fiscal year 2008; 
                and</DELETED>
                <DELETED>    (F) $ 36,000,000 for fiscal year 
                2009.</DELETED>
        <DELETED>    (3) Performance and registration information 
        system management (PRISM) grant program under section 4016--
        </DELETED>
                <DELETED>    (A) $4,000,000 for fiscal year 
                2004;</DELETED>
                <DELETED>    (B) $4,000,000 for fiscal year 
                2005;</DELETED>
                <DELETED>    (C) $4,000,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    (D) $4,000,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    (E) $4,000,000 for fiscal year 2008; 
                and</DELETED>
                <DELETED>    (F) $4,000,000 for fiscal year 
                2009.</DELETED>
<DELETED>    (d) Period of Availability.--The amounts made available 
under subsection (c) of this section shall remain available until 
expended.</DELETED>
<DELETED>    (e) Contract Authority.--Authorizations from the Highway 
Trust Fund (other than the Mass Transit Account) to carry out 
subsection (c) of this section 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. Approval by 
the Secretary of a grant with funds made available under subsection (c) 
of 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.</DELETED>

<DELETED>SEC. 4002. MOTOR CARRIER SAFETY GRANTS.</DELETED>

<DELETED>    (a) Motor Carrier Safety Assistance Program.--</DELETED>
        <DELETED>    (1) Section 31102 of title 49, United States Code, 
        is amended--</DELETED>
                <DELETED>    (A) in subsection (b)(1), by amending 
                paragraph (A) to read as follows:</DELETED>
                <DELETED>    ``(A) implements performance-based 
                activities.'';</DELETED>
                <DELETED>    (B) in subsection (b)(1), by deleting 
                ``and'' at the end of paragraph (S), replacing the 
                period at the end of paragraph (T) with a semicolon, 
                and adding new paragraphs (U) and (V), to read as 
                follows:</DELETED>
                <DELETED>    ``(U) provides that the State will include 
                in the training manual for the licensing examination to 
                drive a non-commercial 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 non-commercial 
                vehicles, respectively; and</DELETED>
                <DELETED>    ``(V) provides that the State will enforce 
                the registration requirements of 49 U.S.C. 13902 by 
                placing out of service any vehicle discovered to be 
                operating without registration or beyond the scope of 
                its registration.''; and</DELETED>
                <DELETED>    (C) by revising subsection (c) to read as 
                follows:</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) 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:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) 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 against non-commercial motor vehicles 
        when necessary to promote the safe operation of commercial 
        motor vehicles.''.</DELETED>
        <DELETED>    (2) Section 31103(b) of title 49, United States 
        Code, is amended to read as follows:</DELETED>
<DELETED>    ``(b) Other Activities.--</DELETED>
        <DELETED>    ``(1) From the amounts designated under section 
        31104(f)(2), the Secretary may make a grant to a State agency, 
        local government, or other person for the full cost of 
        research, development, demonstration projects, public 
        education, and other special activities and projects relating 
        to commercial motor vehicle safety that are of benefit to all 
        jurisdictions or designed to address national safety concerns 
        and circumstances.</DELETED>
        <DELETED>    ``(2) From the amounts designated under section 
        31104(f)(3), the Secretary may allocate safety performance 
        incentive funds to States without requiring a matching 
        contribution from such States.</DELETED>
        <DELETED>    ``(3) From the amounts designated under section 
        31104(f)(4), the Secretary may allocate new entrant motor 
        carrier audit funds to States and local governments without 
        requiring a matching contribution from such States or local 
        governments. However, the Secretary may withhold such funds 
        from a State or local government that is unable to use 
        government employees to conduct new entrant motor carrier 
        audits, and may instead utilize the funds directly to conduct 
        audits in those jurisdictions.''.</DELETED>
        <DELETED>    (3) Section 31104(a) of title 49, United States 
        Code, is amended to read as follows:</DELETED>
<DELETED>    -``(a) In General.--There are authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) to carry out section 31102:</DELETED>
        <DELETED>    ``(1) Not more than $164,594,000 for fiscal year 
        2004.</DELETED>
        <DELETED>    ``(2) Not more than $168,000,000 for fiscal year 
        2005.</DELETED>
        <DELETED>    ``(3) Not more than $172,000,000 for fiscal year 
        2006.</DELETED>
        <DELETED>    ``(4) Not more than $176,000,000 for fiscal year 
        2007.</DELETED>
        <DELETED>    ``(5) Not more than $180,000,000 for fiscal year 
        2008.</DELETED>
        <DELETED>    ``(6) Not more than $184,000,000 for fiscal year 
        2009.''.</DELETED>
        <DELETED>    (4) Section 31104(f) is amended by revising 
        paragraph (2) and adding new paragraphs (3) and (4), to read as 
        follows:</DELETED>
        <DELETED>    ``(2) High-priority 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. The amounts designated under this paragraph 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. Allocations under this paragraph do not 
        require a matching contribution from a State, local government, 
        or other person.</DELETED>
        <DELETED>    ``(3) Safety performance incentive programs.--The 
        Secretary may designate up to 10 percent of the amounts 
        available for allocation under paragraph (1) for safety 
        performance incentive programs for States. The Secretary shall 
        establish safety performance criteria to be used to distribute 
        incentive program funds. Such criteria shall include, at a 
        minimum, reduction in the number and rate of fatal accidents 
        involving commercial motor vehicles. Allocations under this 
        paragraph do not require a matching contribution from a 
        State.</DELETED>
        <DELETED>    ``(4) New entrant audits.--The Secretary may 
        designate up to $17,000,000 of the amounts available for 
        allocation under paragraph (1) for audits of new entrant motor 
carriers conducted pursuant to section 210 of the Motor Carrier Safety 
Improvement Act of 1999, 113 Stat. 1764. Allocations under this 
paragraph do not require a matching contribution from a State or local 
government.''.</DELETED>
<DELETED>    (b) Grants to States for Border Enforcement.--Chapter 311 
of title 49, United States Code, is amended by revising section 31107 
to read as follows:</DELETED>
<DELETED>``Sec. 31107. Border enforcement grants</DELETED>
<DELETED>    ``(a) General Authority.--From the funds authorized by 
sections 4001(c)(2) of the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2003, the Secretary may make a grant in a 
fiscal year to a State, except as otherwise provided in subsection (c), 
that shares a border with another country for carrying out border 
commercial motor vehicle safety programs and related enforcement 
activities and projects.</DELETED>
<DELETED>    ``(b) Maintenance of Expenditures.--Except as otherwise 
provided in subsection (c), 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 United States Government amounts, 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 two State or Federal fiscal 
years before October 1, 2003.</DELETED>
<DELETED>    ``(c) Government Share.--The Secretary may make a grant to 
a State agency, local government, or other person for the full cost of 
research, development, demonstration projects, public education, and 
other special activities and projects relating to cross-border 
operations of commercial motor vehicles that are beneficial to all 
jurisdictions or designed to address national safety concerns and 
circumstances.</DELETED>
<DELETED>    ``(d) Availability of Amounts.--Amounts made available to 
a State under section 4001(c)(2) of the Safe, Accountable, Flexible, 
and Efficient Transportation Equity Act of 2003 to carry out this 
section shall remain available until expended.</DELETED>
<DELETED>    ``(e) Grants as Contractual Obligations.--Approval by the 
Secretary of a grant with funds made available under section 4001(c)(2) 
of the Safe, Accountable, Flexible, and Efficient Transportation Equity 
Act of 2003 imposes upon the United States Government contractual 
obligation for payment of the amount of the grant.''.</DELETED>
<DELETED>    (c) Grants to States for Commercial Driver's License 
Improvements.--Chapter 313 of title 49, United States Code, is amended 
by adding new section 31318 at the end, to read as follows:</DELETED>
<DELETED>``Sec. 31318. Grants for commercial driver's license program 
              improvements</DELETED>
<DELETED>    ``(a) General Authority.--From the funds authorized by 
section 4001(c)(1) of the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2003, the Secretary may make a grant to a 
State, except as otherwise provided in subsection (e), in a fiscal year 
to improve its implementation of the commercial driver's license 
program, providing the State is in substantial compliance with the 
requirements of section 31311 and this section. The Secretary shall 
establish criteria for the distribution of grants and notify the States 
annually of such criteria.</DELETED>
<DELETED>    ``(b) Conditions.--Except as otherwise provided in 
subsection (e), a State may use a grant under this section only for 
expenses directly related to its commercial driver's license program, 
including, but not limited to, 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. The 
Secretary may allocate the funds appropriated for such grants in a 
fiscal year among the eligible States whose applications for grants 
have been approved, under criteria that best serve the purposes of this 
section.</DELETED>
<DELETED>    ``(c) Maintenance of Expenditures.--Except as otherwise 
provided in subsection (e), 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 United States Government amounts, for the operation of the 
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 before 
October 1, 2003</DELETED>
<DELETED>    ``(d) Government Share.--Except as otherwise provided in 
subsection (e), the Secretary shall reimburse a State, from a grant 
made under this section, an amount that is not more than 80 percent of 
the costs incurred by the State in a fiscal year in implementing the 
commercial driver's license improvements described in subsection (b). 
In determining those costs, the Secretary shall include in-kind 
contributions by the State. Amounts of the State required to be 
expended under subsection (c) may not be included as part of the share 
not provided by the United States Government.</DELETED>
<DELETED>    ``(e) High-Priority Activities.--</DELETED>
        <DELETED>    ``(1) The Secretary may make a grant to a State 
        agency, local government, or other person for the full cost of 
        research, development, demonstration projects, public 
        education, or other special activities and projects relating to 
        commercial driver licensing and motor vehicle safety that are 
        of benefit to all jurisdictions or designed to address national 
        safety concerns and circumstances.</DELETED>
        <DELETED>    ``(2) The Secretary may designate up to 10 percent 
        of the amounts made available under section 4001(c)(1) of the 
        Safe, Accountable, Flexible, and Efficient Transportation 
        Equity Act of 2003 in a fiscal year for high-priority 
        activities under subsection (e)(1).</DELETED>
<DELETED>    ``(f) Emerging Issues.--The Secretary may designate up to 
25 percent of the amounts made available under section 4001(c)(1) of 
the Safe, Accountable, Flexible, and Efficient Transportation Equity 
Act of 2003 in a fiscal year for allocation to a State agency, local 
government, or other person at the discretion of the Secretary to 
address emerging issues relating to commercial driver's license 
improvements.</DELETED>
<DELETED>    ``(g) Government Share.--Except as otherwise provided in 
subsections (e) and (f), all amounts available in a fiscal year to 
carry out this section shall be apportioned to States according to a 
formula prescribed by the Secretary.</DELETED>
<DELETED>    ``(h) Deduction for Administrative Expenses.--On October 1 
of each fiscal year or as soon after that date as practicable, the 
Secretary may deduct, from amounts made available under section 
4001(c)(1) of the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2003 for that fiscal year, up to 1.25 
percent of those amounts for administrative expenses incurred in 
carrying out this section in that fiscal year.</DELETED>
<DELETED>    ``(i) Availability of Amounts.--Amounts made available to 
a State under section 4001(c)(1) of the Safe, Accountable, Flexible, 
and Efficient Transportation Equity Act of 2003 to carry out this 
section shall remain available until expended.</DELETED>
<DELETED>    ``(j) Grants as Contractual Obligations.--Approval by the 
Secretary of a grant with funds made available under section 4001(c)(1) 
of the Safe, Accountable, Flexible, and Efficient Transportation Equity 
Act of 2003 imposes upon the United States Government a contractual 
obligation for payment of the amount of the grant.''.</DELETED>
<DELETED>    (d) Noncompliance With CDL Requirements.--Subsections (a) 
and (b) of section 31314 of title 49, United States Code, are amended 
to read as follows:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (e) Conforming Amendments--</DELETED>
        <DELETED>    (1) The table of sections at the beginning of 
        chapter 311 of title 49, United States Code, is amended by--
        </DELETED>
                <DELETED>    (A) revising the heading of Subchapter I 
                to read as follows:</DELETED>

         <DELETED>``SUBCHAPTER I--GENERAL AUTHORITY AND STATE 
                          GRANTS'';</DELETED>

                <DELETED>and</DELETED>
                <DELETED>    (B) revising the item relating to section 
                31107 to read as follows:</DELETED>

<DELETED>``31107. Border enforcement grants.''.
        <DELETED>    (2) Chapter 311 of title 49, United States Code, 
        is amended following the table of sections by striking--
        </DELETED>

           <DELETED>``SUBCHAPTER I--STATE GRANTS''</DELETED>

        <DELETED>and substituting--</DELETED>

         <DELETED>``SUBCHAPTER I--GENERAL AUTHORITY AND STATE 
                          GRANTS''.</DELETED>

        <DELETED>    (3) The table of sections at the beginning of 
        chapter 313 of title 49, United States Code, is amended after 
        the item relating to section 31317 by adding the 
        following:</DELETED>

<DELETED>``31318. Grants for commercial driver's license program 
                            improvements.''.

<DELETED>SEC. 4003. HOBBS ACT.</DELETED>

<DELETED>    (a) Section 2342(3)(A) of title 28, United States Code, is 
amended to read as follows:</DELETED>
                <DELETED>    ``(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 of title 49 [49 U.S.C. chapters 131-161] or pursuant 
                to subchapter III of chapter 311, chapter 313, and 
                chapter 315 of part B of subtitle VI of title 49; 
                and''.</DELETED>
<DELETED>    (b) Section 351(a) of title 49, United States Code, is 
amended to read as follows:</DELETED>
<DELETED>    ``(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, 
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.''.</DELETED>
<DELETED>    (c) Section 352 of title 49, United States Code, is 
amended to read as follows:</DELETED>
<DELETED>``Sec. 352. Authority to carry out certain transferred duties 
              and powers</DELETED>
<DELETED>    ``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 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.''.</DELETED>

<DELETED>SEC. 4004. PENALTY FOR DENIAL OF ACCESS TO RECORDS.</DELETED>

<DELETED>    Section 521(b)(2) of title 49, United States Code, is 
amended by adding new subparagraph (E) at the end, to read as 
follows:</DELETED>
                <DELETED>    ``(E) Copying of records and access to 
                equipment, lands, and buildings.--A person subject to 
                chapter 51 of subtitle III, Part B of Subtitle IV, or 
                Part B of Subtitle VI of this title 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 
                sections 504(c), 5121(c), and 14122(b) of this title 
                shall be liable to the United States for a civil 
                penalty not to exceed $500 for each offense, and 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 $5,000. 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 herein amends or supersedes any remedy available to the 
Secretary under sections 502(d), 507(c), or other provision of this 
title.''.</DELETED>

<DELETED>SEC. 4005. MEDICAL REVIEW BOARD AND MEDICAL 
              EXAMINERS.</DELETED>

<DELETED>    (a) Medical Review Board.--</DELETED>
        <DELETED>    (1) Establishment and function.--The Federal Motor 
        Carrier Safety Administrator shall establish a Medical Review 
        Board as an advisory committee to provide the Federal Motor 
        Carrier Safety Administration with medical advice and 
        recommendations on driver qualification medical standards and 
        guidelines, medical examiner education, and medical 
        research.</DELETED>
        <DELETED>    (2) Composition.--The Medical Review Board shall 
        be appointed by the Secretary and shall consist of 5 members 
        selected from medical institutions and private practice. The 
        membership shall reflect expertise in a variety of specialties 
        relevant to the functions of the Federal Motor Carrier Safety 
        Administration.</DELETED>
        <DELETED>    (3) Termination date.--The Medical Review Board 
        shall remain in effect until September 30, 2009.</DELETED>
<DELETED>    (b) Medical Examiners.--Section 31136(a)(3) of title 49, 
United States Code, is amended to read as follows:</DELETED>
        <DELETED>    ``(3) the physical condition of operators of 
        commercial motor vehicles is adequate to enable them to operate 
        the vehicles safely, and the periodic physical examinations 
        required of such operators are performed by medical examiners 
        who have received training in physical and medical examination 
        standards and are listed on a national registry maintained by 
        the Department of Transportation;''.</DELETED>

<DELETED>SEC. 4006. ENFORCEMENT OF HOUSEHOLD GOODS 
              REGULATIONS.</DELETED>

<DELETED>    (a) Dispute Settlement Program for Household Goods 
Carriers.--</DELETED>
        <DELETED>    (1) Section 14708(a) of title 49, United States 
        Code, is amended to read as follows:</DELETED>
<DELETED>    ``(a) Shipper Arbitration.--</DELETED>
        <DELETED>    ``(1) 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. However, 
        the carrier may not require the shipper to agree to use 
        arbitration prior to the time that a dispute arises.</DELETED>
        <DELETED>    ``(2) If the dispute involves a claim for $5,000 
        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 and the shipper requests 
        arbitration, such arbitration shall be binding on the parties 
        only if the carrier agrees to arbitration.''.</DELETED>
        <DELETED>    (2) Subsection (b)(6) of section 14708 is deleted, 
        and subsections (b)(7) and (b)(8) are redesignated as 
        subsections (b)(6) and (b)(7), respectively.</DELETED>
<DELETED>    (b)(1) Chapter 147 of title 49, United States Code, is 
amended by adding new section 14710 at the end, to read as 
follows:</DELETED>
<DELETED>``Sec. 14710. Enforcement by State attorneys general</DELETED>
<DELETED>    ``(a) In General.--A State, as parens patriae, may bring a 
civil action on behalf of its residents in an appropriate district 
court of the United States to enforce this part, or a regulation or 
order of the Secretary or Board, as applicable, or to impose the civil 
penalties authorized by this part or such regulation or order, 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 (1) a carrier or broker providing 
transportation subject to jurisdiction under subchapter I or III of 
chapter 135 of this title, or (2) a foreign motor carrier providing 
transportation registered under section 13902 of this title, that is 
engaged in household goods transportation that violates this part or a 
regulation or order of the Secretary or Board, as applicable.</DELETED>
<DELETED>    ``(b) Notice.--The State shall serve prior written notice 
of any civil action under subsection (a) or (e)(2) upon the Secretary 
or Board, as applicable, and provide the Secretary or Board with a copy 
of its complaint, except that if it is not feasible for the State to 
provide such prior notice, the State shall serve such notice 
immediately upon instituting such action. Upon receiving a notice 
respecting a civil action, the Secretary or Board shall have the 
right--</DELETED>
        <DELETED>    ``(1) to intervene in such action;</DELETED>
        <DELETED>    ``(2) upon so intervening, to be heard on all 
        matters arising therein; and</DELETED>
        <DELETED>    ``(3) to file petitions for appeal.</DELETED>
<DELETED>    ``(c) Construction.--For purposes of bringing any civil 
action under subsection (a), nothing in this Act shall prevent 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.</DELETED>
<DELETED>    ``(d) Venue; Service of Process.--In a civil action 
brought under subsection (a) of this section--</DELETED>
        <DELETED>    ``(1) trial is in the judicial district in which--
        </DELETED>
                <DELETED>    ``(A) the carrier, foreign motor carrier, 
                or broker operates;</DELETED>
                <DELETED>    ``(B) the carrier, foreign motor carrier, 
                or broker was authorized to provide transportation or 
                service under this part when the violation occurred; 
                or</DELETED>
                <DELETED>    ``(C) the offender is found;</DELETED>
        <DELETED>    ``(2) process may be served without regard to the 
        territorial limits of the district or of the State in which the 
        action is instituted; and</DELETED>
        <DELETED>    ``(3) a person participating with a carrier or 
        broker in a violation may be joined in the civil action without 
        regard to the residence of the person.</DELETED>
<DELETED>    ``(e) Actions by Other State Officials.--</DELETED>
        <DELETED>    ``(1) Nothing contained in this section shall 
        prohibit an authorized State official from proceeding in State 
        court on the basis of an alleged violation of any criminal 
        statute of such State.</DELETED>
        <DELETED>    ``(2) In addition to actions brought by an 
        attorney general of a State under subsection (a), such an 
        action may be brought by officers of such State who are 
        authorized by the State to bring actions in such State on 
        behalf of its residents.''.</DELETED>
        <DELETED>    (2) Conforming amendment.--The table of sections 
        at the beginning of chapter 147 of title 49, United States 
        Code, is amended by inserting after the item relating to 
        section 14709 the following:</DELETED>

<DELETED>``14710. Enforcement by State attorneys general.''.

<DELETED>SEC. 4007. REGISTRATION OF COMMERCIAL MOTOR CARRIERS, FREIGHT 
              FORWARDERS, AND BROKERS.</DELETED>

<DELETED>    (a) Sections 13102(6), (7), (12) and (13) of title 49, 
United States Code, are amended to read as follows:</DELETED>
        <DELETED>    ``(6) Foreign motor carrier.--The term `foreign 
        motor carrier' means a person (including a motor carrier of 
        property but excluding a motor private carrier)--</DELETED>
                <DELETED>    ``(A)(i) that is domiciled in a contiguous 
                foreign country; or</DELETED>
                <DELETED>    ``(ii) that is owned or controlled by 
                persons of a contiguous foreign country; and</DELETED>
                <DELETED>    ``(B) in the case of a person that is not 
                a motor carrier of property, that provides interstate 
                transportation of property by commercial motor vehicle, 
                as defined in section 31132(1) of this title, 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)).</DELETED>
        <DELETED>    ``(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)--</DELETED>
                <DELETED>    ``(A)(i) that is domiciled in a contiguous 
                foreign country; or</DELETED>
                <DELETED>    ``(ii) that is owned or controlled by 
                persons of a contiguous foreign country; and</DELETED>
                <DELETED>    ``(B) in the case of a person that is not 
                a motor private carrier, that provides interstate 
                transportation of property by commercial motor vehicle, 
                as defined in section 31132(1) of this title, 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)).''</DELETED>
        <DELETED>    ``(12) Motor carrier.--The term `motor carrier' 
        means a person providing transportation for compensation by 
        commercial motor vehicle, as defined in section 31132(1) of 
        this title.</DELETED>
        <DELETED>    ``(13) Motor private carrier.--The term `motor 
        private carrier' means a person, other than a motor carrier, 
        transporting property by commercial motor vehicle, as defined 
        in section 31132(1) of this title, when--</DELETED>
                <DELETED>    ``(A) the transportation is as provided in 
                section 13501 of this title;</DELETED>
                <DELETED>    ``(B) the person is the owner, lessee, or 
                bailee of the property being transported; and</DELETED>
                <DELETED>    ``(C) the property is being transported 
                for sale, lease, rent, or bailment or to further a 
                commercial enterprise.''.</DELETED>
<DELETED>    (b) Section 13903(a) of title 49, United States Code, is 
amended to read as follows:</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) The Secretary of Transportation 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.</DELETED>
        <DELETED>    ``(2) The Secretary may register a person to 
        provide service subject to jurisdiction under subchapter III of 
        chapter 135 as a freight forwarder 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.''.</DELETED>
<DELETED>    (c) Section 13904(a) of title 49, United States Code, is 
amended to read as follows:</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) The Secretary of Transportation shall 
        register, subject to section 13906(b), a person to be a broker 
        for transportation of household goods subject to jurisdiction 
        under subchapter I of chapter 135, if the Secretary finds that 
        the person is fit, willing, and able to be a broker for 
        transportation of household goods and to comply with this part 
        and applicable regulations of the Secretary.</DELETED>
        <DELETED>    ``(2) The Secretary may register, subject to 
        section 13906(b), a person to be a broker for transportation of 
        other property subject to jurisdiction under subchapter I of 
        chapter 135, if the Secretary finds that such registration is 
        needed for the protection of shippers and that the person is 
        fit, willing, and able to be a broker for transportation and to 
        comply with this part and applicable regulations of the 
        Secretary.''.</DELETED>

<DELETED>SEC. 4008. FINANCIAL RESPONSIBILITY FOR PRIVATE MOTOR 
              CARRIERS.</DELETED>

<DELETED>    (a)(1) Section 31138(a) of title 49, United States Code, 
is amended to read as follows:</DELETED>
<DELETED>    ``(a) General Requirement.--The Secretary of 
Transportation shall prescribe regulations to require minimum levels of 
financial responsibility sufficient to satisfy liability amounts 
established by the Secretary covering public liability and property 
damage for the transportation of passengers by motor vehicle in the 
United States between a place in a State and--</DELETED>
        <DELETED>    ``(1) a place in another State;</DELETED>
        <DELETED>    ``(2) another place in the same State through a 
        place outside of that State; or</DELETED>
        <DELETED>    ``(3) a place outside the United 
        States.''.</DELETED>
<DELETED>    (2) Section 31138(c) of title 49, United States Code, is 
amended by adding paragraph (4) at the end, to read as 
follows:</DELETED>
        <DELETED>    ``(4) The Secretary may require a person, other 
        than a motor carrier as defined in section 13102(12) of this 
        title, transporting passengers by motor vehicle to file with 
        the Secretary the evidence of financial responsibility 
        specified in subsection (c)(1) of this section in an amount not 
        less than that required by this section, and the laws of the 
        State or States in which the person is operating, to the extent 
        applicable. The amount of the financial responsibility must be 
        sufficient to pay, not more than the amount of the financial 
        responsibility, for each final judgment against the person for 
        bodily injury to, or death of, an individual resulting from the 
        negligent operation, maintenance, or use of motor vehicles, or 
        for loss or damage to property, or both.''.</DELETED>
<DELETED>    (b)(1) Section 31139(b)(1) of title 49, United States 
Code, is amended to read as follows:</DELETED>
<DELETED>    ``(b) General Requirements and Minimum Amount.--</DELETED>
        <DELETED>    ``(1) The Secretary of Transportation shall 
        prescribe regulations to require minimum levels of financial 
        responsibility sufficient to satisfy liability amounts 
        established by the Secretary covering public liability, 
        property damage, and environmental restoration for the 
        transportation of property by motor vehicle in the United 
        States between a place in a State and--</DELETED>
                <DELETED>    ``(A) a place in another State;</DELETED>
                <DELETED>    ``(B) another place in the same State 
                through a place outside of that State; or</DELETED>
                <DELETED>    ``(C) a place outside the United 
                States.''.</DELETED>
<DELETED>    (2) Subsections (c) through (g) of section 31139 of title 
49, United States Code, are redesignated as subsections (d) through 
(h), and new subsection (c) is inserted after subsection (b), to read 
as follows:</DELETED>
<DELETED>    ``(c) Filing of Evidence of Financial Responsibility.--The 
Secretary may require a motor private carrier, as defined in section 
13102 of this title, to file with the Secretary the evidence of 
financial responsibility specified in subsection (b) of this section in 
an amount not less than that required by this section, and the laws of 
the State or States in which the motor private carrier is operating, to 
the extent applicable. The amount of the financial responsibility must 
be sufficient to pay, not more than the amount of the financial 
responsibility, for each final judgment against the motor private 
carrier for bodily injury to, or death of, an individual resulting from 
negligent operation, maintenance, or use of motor vehicles, or for loss 
or damage to property, or both.''.</DELETED>

<DELETED>SEC. 4009. INCREASED PENALTIES FOR OUT-OF-SERVICE VIOLATIONS 
              AND FALSE RECORDS.</DELETED>

<DELETED>    (a) Section 521(b)(2)(B) of title 49, United States Code, 
is amended to read as follows:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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 $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 
        $10,000; or</DELETED>
        <DELETED>    ``(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 $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.''.</DELETED>
<DELETED>    (b) Section 31310(i)(2) of title 49, United States Code, 
is amended to read as follows:</DELETED>
<DELETED>    ``(2) 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--</DELETED>
        <DELETED>    ``(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 180 days and liable for a civil penalty of at least 
        $2,500;</DELETED>
        <DELETED>    ``(B) an operator of a commercial motor vehicle 
        found to have committed a second violation of an out-of-service 
        order shall be disqualified from operating such a vehicle for 
at least 2 years and not more than 5 years and liable for a civil 
penalty of at least $5,000; -</DELETED>
        <DELETED>    ``(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 $25,000; and</DELETED>
        <DELETED>    ``(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, United 
        States Code, or both.''.</DELETED>

<DELETED>SEC. 4010. ELIMINATION OF COMMODITY AND SERVICE 
              EXEMPTIONS.</DELETED>

<DELETED>    (a) Section 13506(a) of title 49, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by deleting paragraphs (2), (6), (11), (12), 
        (13), and (15); and</DELETED>
        <DELETED>    (2) by redesignating paragraphs (3), (4), (5), 
        (7), (8), (9), (10), and (14) as paragraphs (2), (3), (4), (5), 
        (6), (7), (8), and (9), respectively.</DELETED>
<DELETED>    (b) The first sentence of section 13507 of title 49, 
United States Code, is amended to read as follows: ``A motor carrier of 
property providing transportation exempt from jurisdiction under 
paragraph (6) of section 13506(a) may transport property under such 
paragraph in the same vehicle and at the same time as property which 
the carrier is authorized to transport under a registration issued 
under section 13902(a).''.</DELETED>

<DELETED>SEC. 4011. INTRASTATE OPERATIONS OF INTERSTATE MOTOR 
              CARRIERS.</DELETED>

<DELETED>    (a) Subsection (a) of section 31144 of title 49, United 
States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(a) In General.--The Secretary shall--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) periodically update such safety fitness 
        determinations;</DELETED>
        <DELETED>    ``(3) make such final safety fitness 
        determinations readily available to the public; and</DELETED>
        <DELETED>    ``(4) prescribe by regulation penalties for 
        violations of this section consistent with section 
        521.''.</DELETED>
<DELETED>    (b) Subsection (c) of section 31144 of title 49, United 
States Code, is amended by adding new paragraph (5) at the end, to read 
as follows:</DELETED>
<DELETED>    ``(5) Transportation Affecting Interstate Commerce.--
Owners or operators of commercial motor vehicles prohibited from 
operating in interstate commerce pursuant to paragraphs (1) through (3) 
of this section may not operate any commercial motor vehicle that 
affects interstate commerce until the Secretary determines that such 
owner or operator is fit.''.</DELETED>
<DELETED>    (c) Subsections (d) and (e) of section 31144 of title 49, 
United States Code, are redesignated as subsections (e) and (f), 
respectively, and new subsection (d) is added after subsection (c), to 
read as follows:</DELETED>
<DELETED>    ``(d) Determination of Unfitness by a State.--If a State 
that receives Motor Carrier Safety Assistance Program funds pursuant to 
section 31102 of this title determines, by applying the standards 
prescribed by the Secretary under subsection (b) of this section, 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.''.</DELETED>

<DELETED>SEC. 4012. AUTHORITY TO STOP COMMERCIAL MOTOR 
              VEHICLES.</DELETED>

<DELETED>    (a) Chapter 2 of title 18, United States Code, is amended 
by adding at the end new section 38, to read as follows:</DELETED>
<DELETED>``Sec. 38. Commercial motor vehicles required to stop for 
              inspections</DELETED>
<DELETED>    ``(a) A driver of a commercial motor vehicle, as defined 
in 49 U.S.C. 31132(1), shall stop and submit to inspection of the 
vehicle, driver, cargo, and required records when directed to do so by 
a uniformed special agent of the Federal Motor Carrier Safety 
Administration, Department of Transportation, at or in the vicinity of 
an inspection site. The driver shall not leave the inspection site 
until authorized to do so by an agent.</DELETED>
<DELETED>    ``(b) A driver of a commercial motor vehicle, as defined 
in subsection (a), who knowingly fails to stop for inspection when 
directed to do so by a uniformed special agent of the Federal Motor 
Carrier Safety Administration at or in the vicinity of an inspection 
site, or leaves the inspection site without authorization, shall be 
fined under this title or imprisoned not more than one year, or 
both.''.</DELETED>
<DELETED>    (b) Chapter 203 of title 18, United States Code, is 
amended by adding at the end new section 3064, to read as 
follows:</DELETED>
<DELETED>``Sec. 3064. Powers of Federal Motor Carrier Safety 
              Administration</DELETED>
<DELETED>    ``Uniformed special agents of the Federal Motor Carrier 
Safety Administration may direct a driver of a commercial motor 
vehicle, as defined in 49 U.S.C. 31132(1), to stop for inspection of 
the vehicle, driver, cargo, and required records at or in the vicinity 
of an inspection site.''.</DELETED>
<DELETED>    (c) Conforming Amendments.--</DELETED>
        <DELETED>    (1) The table of sections at the beginning of 
        chapter 2 of title 18, United States Code, is amended by 
        inserting after the item relating to section 37 the 
        following:</DELETED>

<DELETED>``38. Commercial motor vehicles required to stop for 
                            inspections.''.
        <DELETED>    (2) The table of sections at the beginning of 
        chapter 203 of title 18, United States Code, is amended by 
        inserting after the item relating to section 3063 the 
        following:</DELETED>

<DELETED>``3064. Powers of the Federal Motor Carrier Safety 
                            Administration.''.

<DELETED>SEC. 4013. PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER 
              MANAGEMENT.</DELETED>

<DELETED>    (a) Section 31135 of title 49, United States Code, is 
amended by designating the existing text as subsection ``(a) In 
General.--'' and adding new subsections (b), (c), (d), and (e), to read 
as follows:</DELETED>
<DELETED>    ``(b) Pattern of Noncompliance.--If an officer of a motor 
carrier engages in a pattern or practice of avoiding compliance, or 
masking or otherwise concealing non-compliance, with regulations on 
commercial motor vehicle safety prescribed under this subchapter, the 
Secretary may suspend, amend, or revoke any part of the motor carrier's 
registration under section 13905 of this title.</DELETED>
<DELETED>    ``(c) List of Proposed Officers.--Each person seeking 
registration as a motor carrier under section 13902 of this title shall 
submit a list of the proposed officers of the motor carrier. 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 non-compliance, with regulations on commercial 
motor vehicle safety prescribed under this chapter, the Secretary may 
deny the person's application for registration as a motor carrier under 
section 13902(a)(3).</DELETED>
<DELETED>    ``(d) Regulations.--The Secretary shall by regulation 
establish standards to implement subsections (b) and (c).</DELETED>
<DELETED>    ``(e) Definitions.--In this section --</DELETED>
        <DELETED>    ``(1) `motor carrier' has the same meaning as in 
        section 13102(12) of this title; and</DELETED>
        <DELETED>    ``(2) `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.''.</DELETED>
<DELETED>    (b) Section 13902(a)(1)(B) of title 49, United States 
Code, is amended to read as follows:</DELETED>
                <DELETED>    ``(B) any safety regulations imposed by 
                the Secretary; the duties of employers and employees 
                established by the Secretary under section 31135; and 
                the safety fitness requirements established by the 
                Secretary under section 31144; and''.</DELETED>

<DELETED>SEC. 4014. MOTOR CARRIER RESEARCH AND TECHNOLOGY 
              PROGRAM.</DELETED>

<DELETED>    (a) In General.--Title 49, United States Code, is amended 
by repealing section 31108 and inserting the following new section, to 
read as follows:</DELETED>
<DELETED>``Sec. 31108. Motor carrier research and technology 
              program</DELETED>
<DELETED>    ``(a) Research, Technology and Technology Transfer 
Activities.--</DELETED>
        <DELETED>    ``(1) The Secretary of Transportation shall 
        establish and carry out a motor carrier research and technology 
        program. The Secretary may carry out research, development, 
        technology, and technology transfer activities with respect 
        to--</DELETED>
                <DELETED>    ``(A) the causes of accidents, injuries 
                and fatalities involving commercial motor vehicles; 
                and</DELETED>
                <DELETED>    ``(B) means of reducing the number and 
                severity of accidents, injuries and fatalities 
                involving commercial motor vehicles.</DELETED>
        <DELETED>    ``(2) 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.</DELETED>
        <DELETED>    ``(3) The Secretary may use the funds appropriated 
        to carry out this section for training or education of 
        commercial motor vehicle safety personnel, including, but not 
        limited to, training in accident reconstruction and detection 
        of controlled substances or other contraband, and stolen cargo 
        or vehicles.</DELETED>
        <DELETED>    ``(4) The Secretary may carry out this section--
        </DELETED>
                <DELETED>    ``(A) independently;</DELETED>
                <DELETED>    ``(B) in cooperation with other Federal 
                departments, agencies, and instrumentalities and 
                Federal laboratories; or</DELETED>
                <DELETED>    ``(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 non-profit corporation, organization, foreign 
                country, or person.</DELETED>
        <DELETED>    ``(5) 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.</DELETED>
<DELETED>    ``(b) Collaborative Research and Development.--</DELETED>
        <DELETED>    (1) 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--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) Federal laboratories.</DELETED>
        <DELETED>    ``(2) 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)).</DELETED>
        <DELETED>    ``(3)(A) The Federal share of the cost of 
        activities carried out under a cooperative research and 
        development agreement entered into under this subsection shall 
        not exceed 50 percent, except that if there is substantial 
        public interest or benefit, the Secretary may approve a greater 
        Federal share.</DELETED>
        <DELETED>    ``(B) 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).</DELETED>
        <DELETED>    ``(4) 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.).</DELETED>
        <DELETED>    ``(5) Section 3705 of title 41, United States 
        Code, shall not apply to a contract or agreement entered into 
        under this section.</DELETED>
<DELETED>    ``(c)  Availability of Amounts.--The amounts made 
available under section 4001(b) of the Safe, Accountable, Flexible, and 
Efficient Transportation Equity Act of 2003 to carry out this section 
shall remain available until expended.</DELETED>
<DELETED>    -``(d)  Contract Authority.--Approval by the Secretary of 
a grant with funds made available under section 4001(b) of the Safe, 
Accountable, Flexible, and Efficient Transportation Equity Act of 2003 
to carry out 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.''.</DELETED>
<DELETED>    (b)  Conforming Amendment.--The table of sections at the 
beginning of chapter 311 of title 49, United States Code, is amended by 
revising the item relating to section 31108 to read as 
follows:</DELETED>

<DELETED>``31108. Motor carrier research and technology program.''.

<DELETED>SEC. 4015. INTERNATIONAL COOPERATION.</DELETED>

<DELETED>    (a) Chapter 311 of title 49, United States Code, is 
amended by inserting at the end the following:</DELETED>

           <DELETED>``SUBCHAPTER IV--MISCELLANEOUS</DELETED>

<DELETED>``Sec. 31161. International cooperation</DELETED>
<DELETED>    ``The Secretary is authorized to use funds appropriated 
under section 31104(i) of this title 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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of chapter 311 of title 49, United States Code, is amended by 
adding at the end the following:</DELETED>
                     ``subchapter iv--miscellaneous
<DELETED>``31161. International cooperation.''.

<DELETED>SEC. 4016. PERFORMANCE AND REGISTRATION INFORMATION SYSTEM 
              MANAGEMENT (PRISM).</DELETED>

<DELETED>    (a) Paragraphs (2) and (3) of section 31106(b) of title 
49, United States Code, are amended to read as follows:</DELETED>
        <DELETED>    ``(2) 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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) The Secretary shall require States, as a 
        condition of participation in the program, to--</DELETED>
                <DELETED>    ``(A) comply with the uniform policies, 
                procedures, and technical and operational standards 
                prescribed by the Secretary under subsection (a)(4); 
                and</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b)  Deletion.--Paragraph (4) of section 31106(b) of title 
49, United States Code, is deleted.</DELETED>
<DELETED>    (c)  Performance and Registration Information System 
Management Grants.--</DELETED>
        <DELETED>    (1) Chapter 311 of title 49, United States Code, 
        as amended by this Act, is further amended by adding a new 
        section after section 31108, to read as follows:</DELETED>
<DELETED>``Sec. 31109. Performance and Registration Information System 
              Management (PRISM)</DELETED>
<DELETED>    ``(a) In General.--From the funds authorized by section 
4001(c)(3) of the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2003, the Secretary may make a grant in a 
fiscal year to a State to implement the Performance and Registration 
Information System Management requirements of 49 U.S.C. 
31106(b).</DELETED>
<DELETED>    ``(b) Availability of Amounts.--Amounts made available to 
a State under section 4001(c)(3) of the Safe, Accountable, Flexible, 
and Efficient Transportation Equity Act of 2003 to carry out this 
section shall remain available until expended.</DELETED>
<DELETED>    ``(c) Secretary's Approval.--Approval by the Secretary of 
a grant to a State under section 4001(c)(3) of the Safe, Accountable, 
Flexible, and Efficient Transportation Equity Act of 2003 to carry out 
this section is a contractual obligation of the Government for payment 
of the amount of the grant.''.</DELETED>
        <DELETED>    (2) Conforming amendment.--The table of sections 
        at the beginning of chapter 311 of title 49, United States 
        Code, is amended after the item relating to section 31108 by 
        adding the following:</DELETED>

<DELETED>``31109. Performance and Registration Information System 
                            Management (PRISM).''.

<DELETED>SEC. 4017. INFORMATION SYSTEMS AND DATA ANALYSIS.</DELETED>

<DELETED>    The Secretary of Transportation shall carry out a program 
to improve the collection and analysis of safety data on, including 
crash causation involving, commercial motor vehicles.</DELETED>

<DELETED>SEC. 4018. OUTREACH AND EDUCATION.</DELETED>

<DELETED>    (a) In General.--The Secretary shall conduct an outreach 
and education program to be administered by the Federal Motor Carrier 
Safety Administration. The program shall include expanded 
implementation of the ``Share the Road Safely'' and ``Safety is Good 
Business'' programs. The Federal Motor Carrier Safety Administration 
shall establish programs to directly educate the industry and public 
about the requirements of new and existing regulatory requirements. The 
Secretary, through the Federal Motor Carrier Safety Administration, may 
undertake other outreach and education initiatives that may reduce the 
number of accidents, injuries, and fatalities involving commercial 
motor vehicles.</DELETED>
<DELETED>    (b) Likely Risk Factors.--The Secretary, through the 
Federal Motor Carrier Safety Administration, shall conduct an outreach 
program to identify the practices of commercial motor vehicle drivers 
that are most likely to increase and decrease the risk of 
accidents.</DELETED>

   <DELETED>TITLE V--TRANSPORTATION RESEARCH AND EDUCATION</DELETED>

                 <DELETED>Subtitle A--Funding</DELETED>

<DELETED>SEC. 5101. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):</DELETED>
        <DELETED>    (1) Surface transportation research, development 
        and deployment program.--To carry out sections 502, 503, 506 
        and 507 of title 23, United States Code, and section 5206 of 
        this Act relating to research, development, technology 
        transfer, technology deployment, and application activities, 
        $199,000,000 for each of fiscal years 2004 through 
        2009.</DELETED>
        <DELETED>    (2) Training and education.--For carrying out 
        section 504 of title 23, United States Code, $26,000,000 for 
        each of fiscal years 2004 through 2009.</DELETED>
        <DELETED>    (3) Bureau of transportation statistics.--For the 
        Bureau of Transportation Statistics to carry out section 111 of 
        title 49, United States Code, the following:</DELETED>
                <DELETED>    (A) $31,568,000 for fiscal year 
                2004.</DELETED>
                <DELETED>    (B) $32,199,000 for fiscal year 
                2005.</DELETED>
                <DELETED>    (C) $32,869,000 for fiscal year 
                2006.</DELETED>
                <DELETED>    (D) $33,609,000 for fiscal year 
                2007.</DELETED>
                <DELETED>    (E) $34,439,000 for fiscal year 
                2008.</DELETED>
                <DELETED>    (F) $35,276,000 for fiscal year 
                2009.</DELETED>
        <DELETED>    (4) University transportation research.--For 
        carrying out section 5505 of title 49, United States Code, 
        $26,500,000 for each of fiscal years 2004 through 
        2009.</DELETED>
        <DELETED>    (5) Intelligent transportation systems research.--
        For carrying out the Intelligent Transportation Systems Act of 
        2003 under subtitle E of this title, $121,000,000 for each of 
        fiscal years 2004 through 2009.</DELETED>
<DELETED>    (b) Collaborative Research and Development.--Section 502 
of title 23, United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking subsection (b)(3); and</DELETED>
        <DELETED>    (2) by redesignating subsections (b)(4) and (b)(5) 
        as (b)(3) and (b)(4), respectively.</DELETED>
<DELETED>    (c) Applicability of Title 23, United States Code.--Funds 
authorized to be appropriated by subsection (a) shall be available for 
obligation in the same manner as if such funds were apportioned under 
chapter 1 of title 23, United States Code, except that the Federal 
share of the cost of a project or activity carried out using such funds 
shall be 100 percent unless otherwise determined by the Secretary or 
specified otherwise in this Act, and such funds shall remain available 
until expended.</DELETED>

   <DELETED>Subtitle B--Research, Technology, and Education</DELETED>

<DELETED>SEC. 5201. RESEARCH, TECHNOLOGY, AND EDUCATION.</DELETED>

<DELETED>    (a) Research, Technology, and Education.--Title 23, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) in the table of chapters by striking--
        </DELETED>

<DELETED>``5. Research and Technology.......................     501'';
        <DELETED>and substituting--</DELETED>

<DELETED>``5. Research, Technology, and Education...........     501'';
        <DELETED>and</DELETED>
        <DELETED>    (2) by striking the heading--</DELETED>

       <DELETED>``CHAPTER 5--RESEARCH AND TECHNOLOGY''</DELETED>

        <DELETED>and inserting--</DELETED>

<DELETED>``CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION.''.</DELETED>

<DELETED>    (b) Statement of Principles Governing Research and 
Technology Investments.--Section 502 of title 23, United States Code, 
is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (a) through (g) 
        as subsections (b) through (h), respectively; and</DELETED>
        <DELETED>    (2) by inserting a new subsection (a) at the 
        beginning, to read as follows:</DELETED>
<DELETED>    ``(a) Basic Principles Governing Research and Technology 
Investments.--</DELETED>
        <DELETED>    ``(1) Coverage.--Surface transportation research 
        and technology development (R&T) 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.</DELETED>
        <DELETED>    ``(2) Federal responsibility.--Funding and 
        conducting surface transportation research and technology 
        transfer activities shall be considered a basic responsibility 
        of the Federal Government when--</DELETED>
                <DELETED>    ``(A) the work is of national 
                significance;</DELETED>
                <DELETED>    ``(B) it supports research in which there 
                is a clear public benefit and private sector investment 
                is less than optimal due to market failure;</DELETED>
                <DELETED>    ``(C) it supports a Federal stewardship 
                role in assuring that state and local governments use 
                national resources efficiently; or</DELETED>
                <DELETED>    ``(D) it presents the best means to 
                support Federal policy goals compared to other policy 
                alternatives.</DELETED>
        <DELETED>    ``(3) Role.--Consistent with these Federal 
        responsibilities, the Secretary of Transportation shall--
        </DELETED>
                <DELETED>    ``(A) conduct research;</DELETED>
                <DELETED>    ``(B) support and facilitate research and 
                technology transfer activities by state highway 
                agencies;</DELETED>
                <DELETED>    ``(C) share results of completed research; 
                and</DELETED>
                <DELETED>    ``(D) support and facilitate technology 
                and innovation deployment.</DELETED>
        <DELETED>    ``(4) Program content.--A surface transportation 
        research program shall include--</DELETED>
                <DELETED>    ``(A) fundamental, long-term highway 
                research;</DELETED>
                <DELETED>    ``(B) research aimed at significant 
                highway research gaps, and emerging issues with 
                national implications; and</DELETED>
                <DELETED>    ``(C) research related to policy and 
                planning.</DELETED>
        <DELETED>    ``(5) Stakeholder input.--Federally sponsored 
        surface transportation R&T activities shall address the needs 
        of partners and stakeholders, and provide for stakeholder input 
        in preparation of a strategic plan for surface transportation 
        R&T.</DELETED>
        <DELETED>    ``(6) Competition.--To the greatest extent 
        possible, investment decisions for surface transportation R&T 
        activities shall be based on the well-established principles of 
        competition and merit review.</DELETED>
        <DELETED>    ``(7) Performance review.--Surface transportation 
        R&T activities shall include a component of performance 
        measurement.''.</DELETED>
<DELETED>    (c) Transportation Pooled Fund Program.--Section 502(b) of 
title 23, United States Code, as redesignated by this Act, is amended 
by inserting the following at the end:</DELETED>
        <DELETED>    ``(6) Pooled funding.--</DELETED>
                <DELETED>    ``(A) To promote effective utilization of 
                available resources, the Secretary may cooperate with 
                the States and other appropriate agencies in funding 
                research, development, and technology transfer 
                activities of mutual interest on a pooled funds 
                basis.</DELETED>
                <DELETED>    ``(B) 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.''.</DELETED>
<DELETED>    (d) Operations Elements in Research Activities.--Section 
502 of title 23, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (b)(1), as redesignated by this 
        Act, by striking subparagraphs (B) and (C) and inserting the 
        following:</DELETED>
                <DELETED>    ``(B) all phases of transportation 
                planning and development (including construction, 
                transportation system management and operations, 
                modernization, development, design, maintenance, 
                safety, financing, and traffic conditions);</DELETED>
                <DELETED>    ``(C) freight security processes and 
                procedures; and</DELETED>
                <DELETED>    ``(D) the effect of State laws on the 
                activities described in subparagraphs (A) and 
                (B).'';</DELETED>
        <DELETED>    (2) in subsection (d)(5)(C), as redesignated by 
        this Act, by inserting ``system management and'' after 
        ``transportation''; and</DELETED>
        <DELETED>    (3) in subsection (d), as redesignated by this 
        Act, by inserting at the end:</DELETED>
        <DELETED>    ``(12) Investigation and development of various 
        operational methodologies to reduce the occurrence and impact 
        of recurrent congestion and non-recurrent congestion, and 
        increase transportation system reliability.</DELETED>
        <DELETED>    ``(13) Investigate processes, procedures, and 
        technologies to secure container and hazardous material 
        transport, including the evaluation of regulations, liability, 
        terrorist countermeasures, and the impact of good security 
        practices on commerce and productivity.</DELETED>
        <DELETED>    ``(14) Research, development, and technology 
        transfer related to asset management.''.</DELETED>
<DELETED>    (e) Turner-Fairbank Highway Research Center.--Section 502 
of title 23, United States Code, is amended by inserting at the end the 
following:</DELETED>
<DELETED>    ``(i) Turner-Fairbank Highway Research Center.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall operate in 
        the Federal Highway Administration a Turner-Fairbank Highway 
        Research Center.</DELETED>
        <DELETED>    ``(2) Uses of the center.--The Turner-Fairbank 
        Highway Research Center shall support the--</DELETED>
                <DELETED>    ``(A) conduct of highway research and 
                development related to new highway 
                technology;</DELETED>
                <DELETED>    ``(B) 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</DELETED>
                <DELETED>    ``(C) development of innovative highway 
                products and practices.''.-</DELETED>
<DELETED>    (f) Exploratory Advanced Research Program.--Section 502 of 
title 23, United States Code, is amended by striking subsection (e), as 
redesignated by this Act, and inserting the following:</DELETED>
<DELETED>    ``(e) Exploratory Advanced Research.--</DELETED>
        <DELETED>    ``(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. The 
        phrase ``exploratory advanced research'' conveys a more 
        fundamental character, broader objective, multi-disciplinary 
        nature, and greater uncertainty in expected outcomes than found 
        in problem-solving research. In carrying out the program, the 
        Secretary shall strive to develop partnerships with the public 
        and private sectors.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) Characterization of materials used 
                in highway infrastructure, including analytical 
                techniques, microstructure modeling, and the 
                deterioration processes.</DELETED>
                <DELETED>    ``(B) Assessing the effects of 
                transportation decisions on human health.</DELETED>
                <DELETED>    ``(C) Development of surrogate measures of 
                safety.</DELETED>
                <DELETED>    ``(D) Environmental research.</DELETED>
                <DELETED>    ``(E) Data acquisition techniques for 
                system condition and performance monitoring.</DELETED>
                <DELETED>    ``(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 decision making.''.</DELETED>
<DELETED>    (g) Authority To Purchase Promotional Items.--Section 503 
of title 23, United States Code, as amended by this Act, is further 
amended by inserting the following at the end:</DELETED>
<DELETED>    ``(e) Promotional Authority.--Funds authorized to be 
appropriated under this or any other Act 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.''.</DELETED>
<DELETED>    (h) Facilitating Transportation Research and Technology 
Deployment Partnerships.--Section 502(c) of title 23, United States 
Code, as redesignated by this Act, is amended by striking paragraph (2) 
and inserting the following:</DELETED>
        <DELETED>    ``(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 National Research Council/ Transportation Research Board, 
        American Association of State Highway and Transportation 
        Officials, State Departments of Transportation, cities, and 
        counties, and their agents to conduct joint transportation 
        research and technology efforts.''.</DELETED>
<DELETED>    (i) Long-Term Pavement Performance Program.--</DELETED>
        <DELETED>    (1) Surface transportation research.--Chapter 5 of 
        title 23, United States Code is amended by adding after section 
        504 the following:</DELETED>
<DELETED>``Sec. 505. Surface transportation research</DELETED>
<DELETED>    ``(a) Authority.--The Secretary of Transportation 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 the day before the date of 
enactment of this section) and continued by the Intermodal Surface 
Transportation Efficiency Act of 1991 and the Transportation Equity Act 
For The 21st Century.</DELETED>
<DELETED>    ``(b) Grants, Cooperative Agreements, and Contracts.--
Under the program, the Secretary shall make grants and enter into 
cooperative agreements and contracts to--</DELETED>
        <DELETED>    ``(1) monitor, material-test, and evaluate highway 
        test sections in existence as of the date of the grant, 
        agreement, or contract;</DELETED>
        <DELETED>    ``(2) analyze the data obtained in carrying out 
        subparagraph (A); and</DELETED>
        <DELETED>    ``(3) prepare products to fulfill program 
        objectives and meet future pavement technology 
        needs.''.</DELETED>
        <DELETED>    (2) Conforming amendment.--The analysis for 
        chapter 5 of title 23 is amended by inserting after item 504 
        the following:</DELETED>

<DELETED>``505. Surface transportation research.''.
<DELETED>    (j) Procurement for Research, Development, and Technology 
Transfer Activities.--Section 502(b) of title 23, United States Code, 
as redesignated by this Act, is amended by striking paragraph (3) and 
inserting the following:</DELETED>
        <DELETED>    ``(3) Cooperation, grants, and contracts.--The 
        Secretary may carry out research, development, and technology 
        transfer activities related to transportation--</DELETED>
                <DELETED>    ``(A) independently;</DELETED>
                <DELETED>    ``(B) in cooperation with other Federal 
                departments, agencies, and instrumentalities and 
                Federal laboratories; or</DELETED>
                <DELETED>    ``(C) by making grants to, or entering 
                into contracts, cooperative agreements, and other 
                transactions with the following: the National Academy 
                of Sciences, the American Association of State Highway 
                and Transportation Officials, or any Federal 
                laboratory, Federal agency, State agency, authority, 
                association, institution, for-profit or nonprofit 
                corporation, organization, foreign country, or 
                person.''.</DELETED>
<DELETED>    (k) Infrastructure Investment Needs Report.--</DELETED>
        <DELETED>    (1) Title 23 amendment.--Section 502(h)(1) of 
        title 23, United States Code, as redesignated by this Act, is 
        amended by striking ``Not later than January 31, 1999, and 
        January 31 of every second year thereafter,'' and inserting 
        ``Not later than July 31, 2004, and July 31 of every second 
        year thereafter,''.</DELETED>
        <DELETED>    (2) Conforming amendment to title 49, united 
        states code.--Section 308(e)(1) of title 49, United States 
        Code, is amended by striking ``in March 1998, and in March of 
        each even-numbered year thereafter'' and inserting ``not later 
        than July 31, 2004, and July 31 of every second year 
        thereafter,''.</DELETED>

<DELETED>SEC. 5202. SURFACE TRANSPORTATION ENVIRONMENT AND PLANNING 
              COOPERATIVE RESEARCH PROGRAM.</DELETED>

<DELETED>    (a) Surface Transportation Environment and Planning 
Cooperative Research Program.--Chapter 5 of title 23, United States 
Code, is amended by striking section 507 and inserting the 
following:</DELETED>
<DELETED>``Sec. 507. Surface transportation environment and planning 
              cooperative research program</DELETED>
<DELETED>    ``(a) Establishment.--The Secretary shall establish and 
support a collaborative, public-private surface transportation 
environment and planning cooperative research program.</DELETED>
<DELETED>    ``(b) Agreement.--The Secretary shall enter into an 
agreement with the National Academy of Sciences or other organization 
to support and carry out administrative and management activities 
relating to the governance of the surface transportation environment 
and planning cooperative research program.</DELETED>
<DELETED>    ``(c) Advisory Board.--The organization described in 
subsection (b) shall select an advisory board drawn from core partners 
that represent environment, transportation, and neutral interests, 
including the Department of Transportation, other Federal agencies, the 
States, local governments, nonprofit entities, academia, and the 
private sector.</DELETED>
<DELETED>    ``(d) Governance.--The surface transportation environment 
and planning cooperative research program established under this 
section shall include the following administrative and management 
elements:</DELETED>
        <DELETED>    ``(1) National research agenda.--The advisory 
        board, in consultation with core partners and other 
        stakeholders, shall develop and periodically update a national 
        research agenda for the surface transportation environment and 
        planning cooperative research program. The national research 
        agenda shall include a multi-year strategic plan.</DELETED>
        <DELETED>    ``(2) Stakeholder involvement.--Stakeholders 
        may:</DELETED>
                <DELETED>    ``(A) submit research proposals;</DELETED>
                <DELETED>    ``(B) participate in merit reviews of 
                research proposals and peer reviews of research 
                products; and</DELETED>
                <DELETED>    ``(C) receive research results.</DELETED>
        <DELETED>    ``(3) Open competition and peer review of research 
        proposals.--The organization described in subsection (b) may 
        award research contracts and grants through open competition 
        and merit review conducted on a regular basis.</DELETED>
        <DELETED>    ``(4) Evaluation of research.--</DELETED>
                <DELETED>    ``(A) Peer review.--Research contracts and 
                grants may allow peer review of the research 
                results.</DELETED>
                <DELETED>    ``(B) Programmatic evaluations.--The 
                organization described in subsection (b) may conduct 
                periodic programmatic evaluations on a regular 
                basis.</DELETED>
        <DELETED>    ``(5) Dissemination of research findings.--The 
        organization described in subsection (b) shall disseminate 
        research findings to researchers, practitioners, and decision-
        makers, through conferences and seminars, field demonstrations, 
        workshops, training programs, presentations, testimony to 
        Government officials, world wide web, and publications for the 
        general public.</DELETED>
<DELETED>    ``(e) Contents.--The national research agenda for the 
surface transportation environment and planning cooperative research 
program required under subsection (c)(2) shall include research in the 
following areas for the purposes cited:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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 decision making; 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 decision for all modes and users; and develop 
        performance measures and policy analysis approaches that can be 
        used to determine effectiveness.</DELETED>
        <DELETED>    ``(7) Additional priorities.--Additional 
        priorities to identify and address the emerging and future 
        surface transportation research needs related to planning and 
        environment. --</DELETED>
<DELETED>    ``(f) Funding.--In addition to using funds authorized for 
this section, the organization that administers this program may seek 
and accept additional funding sources from public and private entities 
capable of attracting and accepting funding from the United States 
Department of Transportation (Federal Highway Administration, Federal 
Transit Administration, Federal Railroad Administration, Research and 
Special Programs Administration, and the National Highway Traffic 
Safety Administration), Environmental Protection Agency, Department of 
Energy, Fish and Wildlife and other Federal environmental agencies, 
States, local governments, nonprofit foundations, and the private 
sector.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The analysis for chapter 5 of 
title 23, United States Code, is amended by striking the item related 
to section 507 and inserting the following:</DELETED>

<DELETED>``507. Surface transportation environment and planning 
                            cooperative research program.''.

<DELETED>SEC. 5203. LONG-TERM BRIDGE PERFORMANCE PROGRAM; INNOVATIVE 
              BRIDGE RESEARCH AND DEPLOYMENT PROGRAM.</DELETED>

<DELETED>    (a) Long-Term Bridge Performance Program.--Section 502 of 
title 23, United States Code, is amended by striking 502(g), as 
redesignated by this Act, and inserting the following:</DELETED>
<DELETED>    ``(g) Long-Term Bridge Performance Program.--</DELETED>
        <DELETED>    ``(1) Authority.--The Secretary shall establish a 
        20 year long-term bridge performance program.</DELETED>
        <DELETED>    ``(2) Grants, cooperative agreements, and 
        contracts.--Under the program, the Secretary shall make grants 
        and enter into cooperative agreements and contracts to--
        </DELETED>
                <DELETED>    ``(A) monitor, material-test, and evaluate 
                test bridges;</DELETED>
                <DELETED>    ``(B) analyze the data obtained in 
                carrying out subparagraph (A); and</DELETED>
                <DELETED>    ``(C) prepare products to fulfill program 
                objectives and meet future bridge technology 
                needs.''.</DELETED>
<DELETED>    (b) Innovative Bridge Research and Deployment Program.--
</DELETED>
        <DELETED>    (1) In general.--Section 503(b) of title 23, 
        United States Code, is amended by striking 503(b)(1) and 
        inserting:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (2) Goals.--Section 503(b)(2) of such title is 
        amended by striking 503(b)(2) and inserting:</DELETED>
        <DELETED>    ``(2) Goals.--The goals of the program shall 
        include--</DELETED>
                <DELETED>    ``(A) the development of new, cost-
                effective, innovative highway bridge 
                applications;</DELETED>
                <DELETED>    ``(B) the development of construction 
                techniques to increase safety and reduce construction 
                time and traffic congestion;</DELETED>
                <DELETED>    ``(C) the development of engineering 
                design criteria for innovative products, materials, and 
                structural systems for use in highway bridges and 
                structures;</DELETED>
                <DELETED>    ``(D) the reduction of maintenance costs 
                and life-cycle costs of bridges, including the costs of 
                new construction, replacement, or rehabilitation of 
                deficient bridges;</DELETED>
                <DELETED>    ``(E) the development of highway bridges 
                and structures that will withstand natural disasters 
                and terrorist attacks;</DELETED>
                <DELETED>    ``(F) the documentation and wide 
                dissemination of objective evaluations of the 
                performance and benefits of these innovative designs, 
                materials, and construction methods; and</DELETED>
                <DELETED>    ``(G) the effective transfer of resulting 
                information and technology.''.</DELETED>

<DELETED>SEC. 5204. TECHNOLOGY DEPLOYMENT.</DELETED>

<DELETED>    (a) Technology Deployment Program.--Section 503(a) of 
title 23, United States Code, is amended--</DELETED>
        <DELETED>    (1) in the subsection heading, by striking 
        ``initiatives and partnerships'';</DELETED>
        <DELETED>    (2) by striking paragraph (1) and inserting the 
        following:</DELETED>
        <DELETED>    ``(1) Establishment.--The Secretary shall develop 
        and administer a national technology deployment 
        program.''.</DELETED>
        <DELETED>    (3) by striking paragraph (7) and inserting the 
        following:</DELETED>
        <DELETED>    ``(7) Grants, cooperative agreements, and 
        contracts.--</DELETED>
                <DELETED>    ``(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 concerning innovative 
                materials.</DELETED>
                <DELETED>    ``(B) Applications.--To receive a grant 
                under this subsection, an entity described in 
                subparagraph (A) shall submit an application to the 
                Secretary. The application shall be in such form and 
                contain such information as the Secretary may require. 
                The Secretary shall select and approve the applications 
                based on whether the project that is the subject of the 
                grant meets the goals of the program described in 
                paragraph (2).'';</DELETED>
        <DELETED>    (4) by striking paragraph (8);</DELETED>
        <DELETED>    (5) by redesignating paragraph (9) as paragraph 
        (10); and</DELETED>
        <DELETED>    (6) by inserting after paragraph (7) the 
        following:</DELETED>
        <DELETED>    ``(8) Technology and information transfer.--The 
        Secretary shall 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.</DELETED>
        <DELETED>    ``(9) Federal share.--The Federal share of the 
        cost of a project under this section shall be determined by the 
        Secretary.''.</DELETED>
<DELETED>    (b) Innovative Pavement Research and Deployment Program.--
Section 503 of title 23, United States Code, is amended by adding after 
subsection (b) the following:</DELETED>
<DELETED>    ``(c) Innovative Pavement Research and Deployment 
Program.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Goals.--The goals of the innovative pavement 
        research and deployment program shall include--</DELETED>
                <DELETED>    ``(A) the deployment of new, cost-
                effective innovative designs, materials, and practices 
                to extend pavement life and performance and to improve 
                customer satisfaction;</DELETED>
                <DELETED>    ``(B) the reduction of initial costs and 
                life-cycle costs of pavements, including the costs of 
                new construction, replacement, maintenance, and 
                rehabilitation;</DELETED>
                <DELETED>    ``(C) the deployment of accelerated 
                construction techniques to increase safety and reduce 
                construction time and traffic disruption and 
                congestion;</DELETED>
                <DELETED>    ``(D) the deployment of engineering design 
                criteria and specifications for innovative practices, 
                products, and materials for use in highway 
                pavements;</DELETED>
                <DELETED>    ``(E) the deployment of new nondestructive 
                and real time pavement evaluation technologies and 
                techniques;</DELETED>
                <DELETED>    ``(F) evaluation, refinement, and 
                documentation of the performance and benefits of 
                innovative technologies deployed to improve life, 
                performance, cost effectiveness, safety, and customer 
                satisfaction;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(H) the development of designs and 
                materials to reduce storm water runoff.''.</DELETED>
<DELETED>    (c) Safety Innovation Deployment Program.--Section 503 of 
title 23, United States Code, as amended by this Act, is further 
amended by adding the following:</DELETED>
<DELETED>    ``(d) Safety Innovation Deployment Program.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall establish 
        and implement a program to demonstrate the application of 
        innovative technologies in highway safety.</DELETED>
        <DELETED>    ``(2) Goals.--The goals of the program shall 
        include--</DELETED>
                <DELETED>    ``(A) the deployment and evaluation of 
                safety technologies and innovations at state and local 
                levels; and</DELETED>
                <DELETED>    ``(B) the deployment of best practices in 
                training, management, design, and planning.</DELETED>
        <DELETED>    ``(3) Grants, cooperative agreements, and 
        contracts.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Applications.--To receive a grant 
                under this subsection, an entity described in 
                subparagraph (A) shall submit an application to the 
                Secretary. The application shall be in such form and 
                contain such information as the Secretary may require. 
                The Secretary shall select and approve the applications 
                based on whether the project that is the subject of the 
                grant meets the goals of the program described in 
                paragraph (2).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Federal share.--The Federal share of the 
        cost of a project under this section shall be determined by the 
        Secretary.''.</DELETED>

<DELETED>SEC. 5205. TRAINING AND EDUCATION.</DELETED>

<DELETED>    (a) National Highway Institute.--Section 504(a) of title 
23, United States Code, is amended by striking paragraph (3) and 
inserting the following:</DELETED>
        <DELETED>    ``(3) Courses.--The Institute may develop and 
        administer courses in modern developments, techniques, methods, 
        regulations, management, and procedures in areas including 
        surface transportation, environmental 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.''.</DELETED>
<DELETED>    (b) Federal Share.--Section 504(b) of title 23, United 
States Code, is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(3) Federal share.--</DELETED>
                <DELETED>    ``(A) Grants.--The grant funds authorized 
                to carry out this subsection may be used to cover up to 
                50 percent of the program costs relating to local 
                technical assistance. 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.</DELETED>
                <DELETED>    ``(B) Tribal technical assistance 
                centers.--The Federal share of the cost of activities 
                carried out by the tribal technical assistance centers 
                under paragraph (b)(2)(D)(ii) of this subsection shall 
                be 100 percent.''.</DELETED>
<DELETED>    (c) Surface Transportation Workforce Development, 
Training, and Education.--Section 504 of title 23, United States Code, 
is amended by adding at the end the following:</DELETED>
<DELETED>    ``(d) Surface Transportation Workforce Development, 
Training, and Education.--</DELETED>
        <DELETED>    ``(1) Funding.--Subject to project approval by the 
        Secretary, a State may obligate funds apportioned to it under 
        sections 104(b)(1), (3), and (4) and 144(e) of this title for 
        surface transportation workforce development, training and 
        education, including:</DELETED>
                <DELETED>    ``(A) tuition and direct educational 
                expenses, excluding salaries, in connection with the 
                education and training of employees of State and local 
                transportation agencies;</DELETED>
                <DELETED>    ``(B) employee professional 
                development;</DELETED>
                <DELETED>    ``(C) student internships;</DELETED>
                <DELETED>    ``(D) university or community college 
                support; or</DELETED>
                <DELETED>    ``(E) education outreach activities to 
                develop interest and promote participation in surface 
                transportation careers.</DELETED>
        <DELETED>    ``(2) Federal share.--The Federal share of the 
        cost of activities carried out in accordance with this 
        subsection shall be 100 percent.''.</DELETED>
<DELETED>    (d) Definitions and Declaration of Policy.--Section 101(a) 
of title 23, United States Code, as amended by this Act, is further 
amended--</DELETED>
        <DELETED>    (1) in paragraph (3), by--</DELETED>
                <DELETED>    (A) striking ``and'' after subparagraph 
                (H);</DELETED>
                <DELETED>    (B) striking the period after subparagraph 
                (I) and inserting ``; and''; and</DELETED>
                <DELETED>    (C) adding after subparagraph (I) the 
                following:</DELETED>
                <DELETED>    ``(J) surface transportation workforce 
                development, training, and education.'';</DELETED>
        <DELETED>    (2) by redesignating paragraphs (36) through (39), 
        as redesignated by this Act, as paragraphs (37) through (40) 
        respectively; and</DELETED>
        <DELETED>    (3) by adding after paragraph (35), as 
        redesignated by this Act, the following:</DELETED>
        <DELETED>    ``(36) Surface transportation workforce 
        development, training, and education.--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.''.</DELETED>

<DELETED>SEC. 5206. ADVANCED TRAVEL FORECASTING PROCEDURES 
              PROGRAM.</DELETED>

<DELETED>    (a) Continuation and Acceleration of TRANSIMS 
Deployment.--The Secretary shall accelerate the deployment of the 
advanced transportation model known as the Transportation Analysis 
Simulation System (``TRANSIMS''), developed by the Los Alamos National 
Laboratory. The program shall assist State departments of 
transportation and metropolitan planning organizations in the 
implementation of TRANSIMS, develop methods for TRANSIMS applications 
to transportation planning and air quality analysis, and provide 
training and technical assistance for the implementation of TRANSIMS. 
The program may support the development of methods to plan for the 
transportation response to chemical and biological terrorism and other 
security concerns.</DELETED>
<DELETED>    (b) Eligible Activities.--The Secretary shall use funds 
made available under section 5101(a)(1) of this Act to--</DELETED>
        <DELETED>    (1) provide funding to State departments of 
        transportation and metropolitan planning organizations serving 
        transportation management areas designated under the 
        metropolitan planning section of chapter 52 of title 49, United 
        States Code, representing a diversity of populations, 
        geographic regions and analytic needs to implement 
        TRANSIMS;</DELETED>
        <DELETED>    (2) develop methods to demonstrate a wide spectrum 
        of TRANSIMS applications to support metropolitan and statewide 
        transportation planning, including integrating highway and 
        transit operational considerations into the transportation 
        planning process; and</DELETED>
        <DELETED>    (3) provide training and technical assistance with 
        respect to the implementation and application of TRANSIMS to 
        States, local governments and Metropolitan Planning 
        Organizations with responsibility for travel 
        modeling.</DELETED>
<DELETED>    (c) Allocation of Funds.--Not more than 75 percent of the 
funds made available to carry out this section may be allocated to 
activities described in subsection (b)(1).</DELETED>

    <DELETED>Subtitle C--Multimodal Research Programs; Scholarship 
                        Opportunities</DELETED>

<DELETED>SEC. 5301. UNIVERSITY TRANSPORTATION RESEARCH.</DELETED>

<DELETED>    Section 5505 of title 49, United States Code, is revised 
to read as follows:</DELETED>
<DELETED>``Sec. 5505. University transportation research</DELETED>
<DELETED>    ``(a) University Industry Government Partnerships.--The 
Secretary of Transportation shall make grants to nonprofit institutions 
of higher learning 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.</DELETED>
<DELETED>    ``(b) Objectives.--</DELETED>
        <DELETED>    ``(1) Each university receiving a grant under this 
        section shall conduct the following programs and 
        activities:</DELETED>
                <DELETED>    ``(A) Basic and applied research that 
                supports the Department's transportation research 
                agenda, the products of which are judged by peers or 
                other experts in the field to advance the body of 
                knowledge in transportation.</DELETED>
                <DELETED>    ``(B) An education program that includes 
                multidisciplinary course work, faculty and student 
                participation in research, and an opportunity for 
                practical experience.</DELETED>
                <DELETED>    ``(C) An ongoing program of technology 
                transfer that makes the results of research and 
                education activities broadly available to potential 
                users in a form that can be implemented, utilized, or 
                otherwise applied.</DELETED>
        <DELETED>    ``(2) Each university shall elect as its primary 
        objective either subsection (b)(1)(A) or (b)(1)(B) of this 
        section and shall direct at least 50 percent of total costs to 
        the accomplishment thereof.</DELETED>
<DELETED>    ``(c) Selection of Grant Recipients.--</DELETED>
        <DELETED>    ``(1) 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.</DELETED>
        <DELETED>    ``(2) The Secretary shall select each recipient of 
        a grant under this section through a competitive process in 
        which applications are evaluated on the basis of the 
        following:</DELETED>
                <DELETED>    ``(A) The demonstrated research and 
                extension resources available to the applicant to carry 
                out this section.</DELETED>
                <DELETED>    ``(B) The capability of the applicant to 
                provide leadership in making national and regional 
                contributions to the solution of immediate and long-
                range transportation problems.</DELETED>
                <DELETED>    ``(C) The applicant's demonstrated 
                commitment of at least $200,000 in regularly-budgeted 
                institutional amounts each year to support ongoing 
                transportation research and education 
                programs.</DELETED>
                <DELETED>    ``(D) The amount of matching funds for 
                which the applicant has obtained binding 
                commitments.</DELETED>
                <DELETED>    ``(E) Evidence of the applicant's research 
                and education partnerships with at least one private 
                sector partner and at least one non-Federal Government 
                partner.</DELETED>
                <DELETED>    ``(F) The applicant's demonstrated ability 
                to disseminate results of transportation research and 
                education programs through national and statewide or 
                regionwide continuing education and capacity-building 
                programs.</DELETED>
                <DELETED>    ``(G) The strategic plan the applicant 
                proposes to achieve the objectives of the grant and--
                </DELETED>
                        <DELETED>    ``(i) if the applicant's primary 
                        objective is subsection (b)(1)(A) of this 
                        section, the strategic plan shall include a 
                        research plan that addresses more than one mode 
                        of transportation; or</DELETED>
                        <DELETED>    ``(ii) if the applicant's primary 
                        objective is subsection (b)(1)(B) of this 
                        section, the strategic plan shall include an 
                        education plan that addresses multimodal 
                        issues.</DELETED>
<DELETED>    ``(d) 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 carry out the objectives 
of a grant 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.</DELETED>
<DELETED>    ``(e) Federal Share.--The Federal share of the costs of 
activities carried out using a grant made under this section shall not 
exceed 50 percent of costs. The non-Federal share may include funds 
provided to a recipient under section 503, or 104(i) of title 23, 
United States Code.</DELETED>
<DELETED>    ``(f) Program Administration.--</DELETED>
        <DELETED>    ``(1) The Secretary shall conduct all grant 
        management and administration functions necessary to facilitate 
        the research, education, training, and technology transfer 
        activities that grant recipients carry out under this section; 
        to coordinate these activities among the grant recipients; to 
        ensure that the results of the research, education, training 
        and technology transfer activities are widely disseminated; and 
        to ensure the effective use of program resources.</DELETED>
        <DELETED>    ``(2) 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.</DELETED>
        <DELETED>    ``(3) The Secretary may not use more than 1 
        percent of amounts made available from Government sources to 
        carry out this subsection.</DELETED>
<DELETED>    ``(g) Use of Transportation Research Information Services 
(TRIS) Databases.--</DELETED>
        <DELETED>    (1) Recipients of awards under this section shall 
        make use of the National Research Council (NRC), Transportation 
        Research Board (TRB), Transportation Research Information 
        Services (TRIS) online databases for the following 
        purposes:</DELETED>
                <DELETED>    ``(A) Program development and strategic 
                planning.</DELETED>
                <DELETED>    ``(B) Reporting of active R&T activities 
                undertaken with funding provided here.</DELETED>
                <DELETED>    ``(C) Input and dissemination of results 
                and reports from completed research.</DELETED>
        <DELETED>    ``(2) Recipients shall recommend a representative 
        to serve as liaison to the Transportation Research 
        Board.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 5302. MULTIMODAL RESEARCH PROGRAM.</DELETED>

<DELETED>    (a) In General.--Section 5506 of title 49, United States 
Code, is revised to read as follows:</DELETED>
<DELETED>``Sec. 5506. Multimodal research program</DELETED>
<DELETED>    ``(a) Purpose.--The Secretary shall establish a program to 
encourage and promote the research, development, demonstration and 
testing of technologies that have multimodal transportation 
applications, and shall foster adoption of those technologies in 
transportation through demonstration and testing to remove impediments 
to an efficient, safe, and cost-effective national transportation 
system.</DELETED>
<DELETED>    ``(b) Other Research Activities.--To ensure the activities 
performed pursuant to this section achieve the maximum benefit, the 
Secretary, the Secretary of Energy, the Administrator of the 
Environmental Protection Agency, and other relevant Federal agencies 
shall coordinate their research, development and demonstration 
activities related to heavy-duty vehicle technologies and hydrogen 
transportation and refueling infrastructure. Nothing in this section 
may be construed to authorize the Secretary to conduct research, 
development, demonstration or testing activities that the Secretary of 
Energy or the Administrator of the Environmental Protection Agency is 
authorized to conduct, or to modify the authorities of the Secretary of 
Energy or the Administrator of the Environmental Protection 
Agency.</DELETED>
<DELETED>    ``(c) Advanced Heavy-Duty Vehicle Technologies.--
</DELETED>
        <DELETED>    ``(1) The Secretary of Transportation shall 
        conduct research, development, demonstration and testing to 
        integrate emerging multimodal heavy-duty vehicle technologies 
        in order to provide seamless, safe, secure and efficient 
        transportation.</DELETED>
        <DELETED>    ``(2) There is authorized to be appropriated from 
        the Highway Trust Fund (other than the Mass Transit Account) to 
        carry out this paragraph $24,000,000 for fiscal year 2005, 
        $25,000,000 for fiscal year 2006, $23,000,000 for fiscal year 
        2007, $18,000,000 for fiscal year 2008, and $10,000,000 for 
        fiscal year 2009.</DELETED>
        <DELETED>    ``(3) The funding made available under paragraph 
        (2) of this subsection 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 obligation limitation 
        imposed on funds for Federal-aid highways and highway safety 
        construction programs.</DELETED>
<DELETED>    ``(d) Hydrogen Infrastructure Safety Research and 
Development.--</DELETED>
        <DELETED>    ``(1) The Secretary of Transportation is 
        authorized to conduct research, development, demonstration and 
        testing on the safety aspects of hydrogen transportation and 
        refueling infrastructure necessary to support the use of next 
        generation vehicle technologies.</DELETED>
        <DELETED>    ``(2) To carry out this subsection, there is 
        authorized to be appropriated $1,000,000 for fiscal years 2004, 
        $15,000,000 for fiscal year 2005, $13,000,000 for fiscal year 
        2006, $11,000,000 for fiscal year 2007, $9,000,000 for fiscal 
        year 2008, and $6,000,000 for fiscal year 2009.</DELETED>
<DELETED>    ``(e) Grants, Cooperative Agreements, and Other 
Transactions.-- The Secretary may enter into grants, cooperative 
agreements, and other transactions with Federal and other public 
agencies (including State and local governments) and private 
organizations and other persons to carry out this section.</DELETED>
<DELETED>    ``(f) Cost Sharing.--At least 50 percent of the funding 
for projects authorized in this section must be provided by non-Federal 
sources.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The analysis of chapter 55 of 
title 49, United States Code, is amended by substituting the following 
for the item designated 5506:</DELETED>

<DELETED>``Sec. 5506. Multimodal research program.''.

<DELETED>SEC. 5303. COMMERCIAL REMOTE SENSING PRODUCTS.</DELETED>

<DELETED>    Section 5113 of the Transportation Equity Act of the 21st 
Century (23 U.S.C. 502 note) is amended by revising subsection (b) to 
read as follows:</DELETED>
<DELETED>    ``(b) Program.--</DELETED>
        <DELETED>    ``(1) National policy.--The Secretary shall 
        establish and maintain a national policy for the use of 
        commercial remote sensing products and spatial information 
        technologies in national transportation infrastructure 
        development and construction.</DELETED>
        <DELETED>    ``(2) Policy implementation.--The Secretary shall 
        develop new applications of commercial remote sensing products 
        and spatial information technologies for the implementation of 
        the national policy established and maintained under (b)(1) of 
        this section.''.</DELETED>

<DELETED>SEC. 5304. TRANSPORTATION SCHOLARSHIP OPPORTUNITIES 
              PROGRAM.</DELETED>

<DELETED>    (a) In General.--(1) The Secretary may establish and 
implement a scholarship program for the purpose of attracting qualified 
students for transportation-related critical jobs.</DELETED>
<DELETED>    (2) The Secretary may accomplish this objective by 
developing a program in partnership with appropriate non-governmental 
institutions.</DELETED>
<DELETED>    (b) Participation and Funding.--An operating 
administration of the Department of Transportation and the Office of 
Inspector General of the Department of Transportation (DOT) may 
participate in the scholarship program. Notwithstanding any other law, 
the Secretary may use funds available to an operating administration or 
from the Office of Inspector General for the purpose of carrying out 
this provision.</DELETED>

    <DELETED>Subtitle D--Transportation Data and Analysis</DELETED>

<DELETED>SEC. 5401. BUREAU OF TRANSPORTATION STATISTICS.</DELETED>

<DELETED>    Section 111 of title 49, United States Code, is amended by 
deleting subsections (b) through (k) and inserting the following new 
subsections, as follows:</DELETED>
<DELETED>    ``(b) Director.--</DELETED>
        <DELETED>    ``(1) 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.</DELETED>
        <DELETED>    ``(2) The Director shall be appointed from among 
        individuals who are qualified to serve by virtue of their 
        training and experience in the collection, analysis and use of 
        transportation data.</DELETED>
        <DELETED>    ``(3) The Director shall report directly to the 
        Secretary of Transportation.</DELETED>
        <DELETED>    ``(4) 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.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) Collecting, analyzing and disseminating data 
        concerning the domestic and international movement of 
        freight.</DELETED>
        <DELETED>    ``(2) Collecting, analyzing and disseminating data 
        concerning travel patterns for local and long-distance travel, 
        at the local, State, national and international 
        levels.</DELETED>
        <DELETED>    ``(3) Developing, analyzing and disseminating 
        information on the economics of transportation.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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; and identifying information needs and reviewing such 
        needs at least annually with the Advisory Council on 
        Transportation Statistics.</DELETED>
        <DELETED>    ``(6) 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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Supporting Transportation Decisionmaking.--The 
Director shall ensure that the statistics compiled under this section 
are relevant for transportation policy, planning, and decision making 
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.</DELETED>
<DELETED>    ``(f) Research and Development Grants.--</DELETED>
        <DELETED>    (1) 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 the grants--</DELETED>
                <DELETED>    ``(A) provide for an alternative means of 
                accomplishing program-related research;</DELETED>
                <DELETED>    ``(B) contribute to research and 
                development of new methods of data collection; 
                or</DELETED>
                <DELETED>    ``(C) improve the methods for sharing 
                geographic data.</DELETED>
        <DELETED>    ``(2) 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.</DELETED>
<DELETED>    ``(g) 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 covered by 
subsection (c) of this section, 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.</DELETED>
<DELETED>    ``(h) 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.</DELETED>
<DELETED>    ``(i) Limitations on Statutory Construction.--Nothing in 
this section shall be construed to--</DELETED>
        <DELETED>    ``(1) authorize the Bureau to require any other 
        department or agency to collect data; or</DELETED>
        <DELETED>    ``(2) reduce the authority of any other officer of 
        the Department of Transportation to collect and disseminate 
        data independently.</DELETED>
<DELETED>    ``(j) 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/her knowledge all 
questions relating to the corporation, company, business, institution, 
establishment, or other organization, or to records or statistics in 
his/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; and if the individual willfully gives a 
false answer to a question, shall be fined not more than 
$10,000.</DELETED>
<DELETED>    ``(k) Prohibition on Certain Disclosures.--</DELETED>
        <DELETED>    ``(1) An officer, employee or contractor of the 
        Bureau may not--</DELETED>
                <DELETED>    ``(A) make any disclosure in which the 
                data provided by an individual or organization under 
                subsection (c) can be identified;</DELETED>
                <DELETED>    ``(B) use the information provided under 
                subsection (c) for a nonstatistical purpose; 
                or</DELETED>
                <DELETED>    ``(C) permit anyone other than an 
                individual authorized by the Director to examine any 
                individual report provided under subsection 
                (c).</DELETED>
        <DELETED>    ``(2)(A) 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.</DELETED>
        <DELETED>    ``(B) 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--</DELETED>
                <DELETED>    ``(i) shall be immune from legal process; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(C) This subsection shall apply only to reports 
        that permit information concerning an individual or 
        organization to be reasonably inferred by direct or indirect 
        means.</DELETED>
        <DELETED>    ``(3) 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.</DELETED>
<DELETED>    ``(l) Data Access.--The Director shall have access to 
transportation and transportation-related information in the possession 
of any Federal agency except information--</DELETED>
        <DELETED>    ``(1) the disclosure of which to another Federal 
        agency is expressly prohibited by law; or</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(m) Advisory Council on Transportation Statistics.--
</DELETED>
        <DELETED>    ``(1) The Bureau of Transportation Statistics has 
        an Advisory Council on Transportation Statistics.</DELETED>
        <DELETED>    ``(2) It shall be the function of the advisory 
        council established under this subsection to advise the 
        Director of the Bureau of Transportation Statistics on 
        transportation statistics and analyses, including whether or 
        not the statistics and analysis disseminated by the Bureau of 
        Transportation Statistics are of high quality and are based 
        upon the best available objective information.</DELETED>
        <DELETED>    ``(3) The advisory council established under this 
        subsection shall be composed of not more than 6 members 
        appointed by the Director who are not officers or employees of 
        the United States and who have expertise in transportation data 
        collection or analysis or application (except for 1 member who 
        shall have expertise in economics and 1 member who shall have 
        expertise in statistics).</DELETED>
        <DELETED>    ``(4) 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 the Federal Advisory 
        Committee Act shall not apply to the Advisory Committee 
        established under this section.''.</DELETED>

        <DELETED>Subtitle E--Intelligent Transportation Systems 
                           Research</DELETED>

<DELETED>SEC. 5501. SHORT TITLE.</DELETED>

<DELETED>    This subtitle may be cited as the ``Intelligent 
Transportation Systems Act of 2003''.</DELETED>

<DELETED>SEC. 5502. GOALS AND PURPOSES.</DELETED>

<DELETED>    (a) Goals.--The goals of the intelligent transportation 
system program include--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) Achievement of national transportation safety 
        goals, including the enhancement of safe operation of motor 
        vehicles and nonmotorized vehicles as well as improved 
        emergency response to a crash, with particular emphasis on 
        decreasing the number and severity of collisions;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) Accommodation of the needs of all users of 
        surface transportation systems, including operators of 
        commercial vehicles, passenger vehicles, and motorcycles, 
        including individuals with disabilities; and</DELETED>
        <DELETED>    (5) Improvement of the Nation's ability to respond 
        to security related or other man made emergencies and natural 
        disasters and enhancement of national defense 
        mobility.</DELETED>
<DELETED>    (b) Purposes.--The Secretary shall implement activities 
under the intelligent system transportation program to, at a minimum--
</DELETED>
        <DELETED>    (1) expedite, in both metropolitan and rural 
        areas, deployment and integration of intelligent transportation 
        systems for consumers of passenger and freight 
        transportation;</DELETED>
        <DELETED>    (2) ensure that Federal, State, and local 
        transportation officials have adequate knowledge of intelligent 
        transportation systems for full consideration in the 
        transportation planning process;</DELETED>
        <DELETED>    (3) improve regional cooperation and operations 
        planning for effective intelligent transportation system 
        deployment;</DELETED>
        <DELETED>    (4) promote the innovative use of private 
        resources;</DELETED>
        <DELETED>    (5) facilitate, in cooperation with the motor 
        vehicle industry, the introduction of a vehicle-based safety 
        enhancing system;</DELETED>
        <DELETED>    (6) support the application of intelligent 
        transportation systems that increase the safety and efficiency 
        of commercial vehicle operations; and</DELETED>
        <DELETED>    (7) develop a workforce capable of developing, 
        operating, and maintaining intelligent transportation 
        systems.</DELETED>

<DELETED>SEC. 5503. GENERAL AUTHORITIES AND REQUIREMENTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Policy.--Intelligent transportation system research 
projects and operational tests funded pursuant to this subtitle shall 
encourage and not displace public-private partnerships or private 
sector investment in such tests and projects.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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 Secretary of Homeland Security, the Director of 
the National Science Foundation, and the heads of other Federal 
departments and agencies.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Transportation Planning.--The Secretary may provide 
funding to support adequate consideration of transportation systems 
management and operations, including intelligent transportation 
systems, within metropolitan and statewide transportation planning 
processes.</DELETED>
<DELETED>    (g) Information Clearinghouse.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall--</DELETED>
                <DELETED>    (A) maintain a repository for technical 
                and safety data collected as a result of federally 
                sponsored projects carried out under this subtitle; 
                and</DELETED>
                <DELETED>    (B) on request, make that information 
                (except for proprietary information and data) readily 
                available to all users of the repository at an 
                appropriate cost.</DELETED>
        <DELETED>    (2) Agreement.--</DELETED>
                <DELETED>    (A) In general.--The Secretary may enter 
                into an agreement with a third party for the 
                maintenance of the repository for technical and safety 
                data under paragraph (1)(A) of this 
                subsection.</DELETED>
                <DELETED>    (B) Federal financial assistance.--If the 
                Secretary delegates the responsibility, the entity to 
                which the responsibility is delegated shall be eligible 
                for Federal financial assistance under this 
                section.</DELETED>
<DELETED>    (h) Advisory Committees.--</DELETED>
        <DELETED>    (1) In general.--In carrying out this subtitle, 
        the Secretary may use one or more advisory 
        committees.</DELETED>
        <DELETED>    (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.).</DELETED>
<DELETED>    (i) Evaluations.--</DELETED>
        <DELETED>    (1) Guidelines and requirements.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall issue 
                guidelines and requirements for the evaluation of 
                operational tests and deployment projects carried out 
                under this subtitle.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (j) Use of Rights-of-Way.--Intelligent transportation 
system projects specified in sections 5117(b)(3) and 5117(b)(6) of the 
Transportation Equity Act for the 21st Century and involving privately 
owned intelligent transportation system components that are 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.</DELETED>

<DELETED>SEC. 5504. NATIONAL ARCHITECTURE AND STANDARDS.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Provisional Standards.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) 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.</DELETED>
<DELETED>    (c) Conformity With National Architecture.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Secretary's discretion.--The Secretary may 
        authorize exceptions to paragraph (1) for--</DELETED>
                <DELETED>    (A) projects designed to achieve specific 
                research objectives outlined in the National ITS 
                Program Plan or the Surface Transportation Research and 
                Development Strategic Plan developed under section 508 
                of title 23, United States Code; or</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) would not adversely affect the 
                        goals or purposes of this subtitle;</DELETED>
                        <DELETED>    (ii) is carried out before the end 
                        of the useful life of such system; 
                        and</DELETED>
                        <DELETED>    (iii) is cost-effective as 
                        compared to alternatives that would meet the 
                        conformity requirement of paragraph 
                        (1).</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5505. RESEARCH AND DEVELOPMENT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Priority Areas.--Under the program, the Secretary 
shall give higher priority to funding projects that--</DELETED>
        <DELETED>    (1) enhance mobility and productivity through 
        improved traffic management, incident management, transit 
        management, freight management, road weather management, toll 
        collection, traveler information, or highway operations 
        systems;</DELETED>
        <DELETED>    (2) enhance safety through improved crash-
        avoidance and protection, crash and other notification, 
        commercial vehicle operations, and infrastructure-based or 
        cooperative safety systems;</DELETED>
        <DELETED>    (3) enhance security through improved response to 
        security related emergencies, and improved transportation 
        security systems; and</DELETED>
        <DELETED>    (4) facilitate the integration of intelligent 
        infrastructure, vehicle, and control technologies.</DELETED>
<DELETED>    (c) Federal Share.--The Federal share of the cost of 
operational tests and demonstrations under subsection (a) shall not 
exceed 80 percent.</DELETED>

<DELETED>SEC. 5506. USE OF FUNDS.</DELETED>

<DELETED>    (a) Outreach and Public Relations Limitation.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Infrastructure Development.--Funds made available to 
carry out this subtitle for operational tests--</DELETED>
        <DELETED>    (1) shall be used primarily for the development of 
        intelligent transportation system infrastructure; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5507. DEFINITIONS.</DELETED>

<DELETED>    In this subtitle, the following definitions 
apply:</DELETED>
        <DELETED>    (1) Incident.-- In this section, the term 
        ``incident'' means a crash, a natural disaster, work zone 
        activity, special event, or other emergency road user 
        occurrence that adversely affects or impedes the normal flow of 
        traffic.</DELETED>
        <DELETED>    (2) Intelligent transportation infrastructure.--
        The term ''intelligent transportation infrastructure'' means 
        fully integrated public sector intelligent transportation 
        system components, as defined by the Secretary.</DELETED>
        <DELETED>    (3) 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.</DELETED>
        <DELETED>    (4) National architecture.--The term ``national 
        architecture'' means the common framework for interoperability 
        that defines--</DELETED>
                <DELETED>    (A) the functions associated with 
                intelligent transportation system user 
                services;</DELETED>
                <DELETED>    (B) the physical entities or subsystems 
                within which the functions reside;</DELETED>
                <DELETED>    (C) the data interfaces and information 
                flows between physical subsystems; and</DELETED>
                <DELETED>    (D) the communications requirements 
                associated with the information flows.</DELETED>
        <DELETED>    (5) Project.--The term ``project'' means a 
        undertaking to research, develop, or operationally test 
        intelligent transportation systems or any other undertaking 
        eligible for assistance under this subtitle.</DELETED>
        <DELETED>    (6) Standard.--The term ``standard'' means a 
        document that--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) may support the national architecture 
                and promote--</DELETED>
                        <DELETED>    (i) the widespread use and 
                        adoption of intelligent transportation system 
                        technology as a component of the surface 
                        transportation systems of the United States; 
                        and</DELETED>
                        <DELETED>    (ii) interoperability among 
                        intelligent transportation system technologies 
                        implemented throughout the States.</DELETED>
        <DELETED>    (7) State.--The term ``State'' has the meaning 
        given the term under section 101 of title 23, United States 
        Code.</DELETED>
        <DELETED>    (8) Transportation systems management and 
        operations.--The term ``transportation systems management and 
        operations'' has the meaning given the term under section 
        101(a) of title 23, United States Code, as amended by section 
        1701 of this Act.</DELETED>

<DELETED>SEC. 5508. REPEAL.</DELETED>

<DELETED>    The Transportation Equity Act for the 21st Century is 
amended by striking subtitle C of title V.</DELETED>

        <DELETED>TITLE VI--TRANSPORTATION PLANNING; INTERMODAL 
                          FACILITIES</DELETED>

<DELETED>SEC. 6001. TRANSPORTATION PLANNING.</DELETED>

<DELETED>    (a) In General.--Subtitle III of title 49, United States 
Code, is amended by adding the following after chapter 51:</DELETED>

        <DELETED>``CHAPTER 52--TRANSPORTATION PLANNING</DELETED>

<DELETED>``Sec.
<DELETED>``5201. Policy.
<DELETED>``5202. Definitions.
<DELETED>``5203. Metropolitan transportation planning.
<DELETED>``5204. Statewide transportation planning.
<DELETED>``Sec. 5201. Policy</DELETED>
<DELETED>    ``(a) It is in the national interest to--</DELETED>
        <DELETED>    ``(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 and water 
        pollution through metropolitan and statewide transportation 
        planning processes identified in this chapter;</DELETED>
        <DELETED>    ``(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 through the use of performance-based approaches in 
        the development of transportation plans and investments as 
        guided by the planning factors identified in subsection 5203(f) 
        and 5204(d) of this chapter; and</DELETED>
        <DELETED>    ``(3) encourage private enterprise participation 
        in projects and transportation services.</DELETED>
<DELETED>    ``(b) The provisions of sections 5203-5204 of this chapter 
shall be jointly administered by the Federal Highway and Federal 
Transit Administrators.</DELETED>
<DELETED>``Sec. 5202. Definitions</DELETED>
<DELETED>    ``(a) Unless otherwise specified in subsection (b), the 
definitions in section 101(a) of title 23 and section 5302 of this 
title are applicable to this chapter.</DELETED>
<DELETED>    ``(b) As used in this chapter--</DELETED>
        <DELETED>    ``(1) Consultation.--The term `consultation' means 
        that one party confers with another identified party in 
        accordance with an established process and, prior to taking 
        action(s), considers that party's views and periodically 
        informs that party about action(s) taken.</DELETED>
        <DELETED>    ``(2) Metropolitan planning area.--The term 
        `metropolitan planning area' means the geographic area 
        determined by agreement between the metropolitan planning 
        organization and the Governor as defined in section 5203(c) of 
        this title.</DELETED>
        <DELETED>    ``(3) Metropolitan planning organization (MPO).--
        The term `metropolitan planning organization' means the Policy 
        Board of the organization created as a result of the 
        designation process defined in section 5203(b) of this 
        title.</DELETED>
        <DELETED>    ``(4) Non-metropolitan area.--The term `non-
        metropolitan area' means the geographic area outside designated 
        metropolitan planning areas.</DELETED>
        <DELETED>    ``(5) Non-metropolitan local official.--The term 
        `non-metropolitan local official' means elected and appointed 
        officials of general purpose local government, in non-
        metropolitan areas, with jurisdiction/responsibility for 
        transportation.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(7) State.--The term `State' means a State of 
        the United States, the District of Columbia, and Puerto 
        Rico.</DELETED>
<DELETED>``Sec. 5203. Metropolitan transportation planning</DELETED>
<DELETED>    ``(a) General Requirements.--</DELETED>
        <DELETED>    ``(1) Development of plans.--To accomplish the 
        objectives stated in section 5201, metropolitan planning 
        organizations designated under subsection (b) of this section, 
        in cooperation with the State and public transportation 
        operators, shall develop transportation plans for metropolitan 
        planning areas of the State.</DELETED>
        <DELETED>    ``(2) Contents.--The plans 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 planning area and as 
        an integral part of an intermodal transportation system for the 
        State and the United States.</DELETED>
        <DELETED>    ``(3) Process of development.--The process for 
        developing the plans 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.</DELETED>
        <DELETED>    ``(4) Planning and project development.--The 
        metropolitan planning organization, the State Department of 
        Transportation, and the appropriate public transportation 
        provider shall agree upon the approaches that will be used to 
        evaluate alternatives and identify transportation improvements 
        that address the most complex problems and pressing 
        transportation needs in the metropolitan area.</DELETED>
<DELETED>    ``(b) Designation of Metropolitan Planning 
Organizations.--</DELETED>
        <DELETED>    ``(1) In general.--To carry out the transportation 
        planning process required by this section, a metropolitan 
        planning organization (MPO) shall be designated for each 
        urbanized area with a population of more than 50,000 
        individuals--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) in accordance with procedures 
                established by applicable State or local law.</DELETED>
        <DELETED>    ``(2) Structure.--Each metropolitan planning 
        organization that serves an area identified as a transportation 
        management area, when designated or redesignated under this 
        subsection, shall consist of--</DELETED>
                <DELETED>    ``(A) local elected officials;</DELETED>
                <DELETED>    ``(B) officials of public agencies that 
                administer or operate major modes of transportation in 
                the metropolitan area; and</DELETED>
                <DELETED>    ``(C) appropriate State 
                officials.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) develop plans and programs for 
                adoption by a metropolitan planning organization; 
                and</DELETED>
                <DELETED>    ``(B) develop long-range capital plans, 
                coordinate transit services and projects, and carry out 
                other activities pursuant to State law.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Metropolitan Planning Area Boundaries.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Included area.--Each metropolitan planning 
        area--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) may encompass the entire 
                metropolitan statistical area or consolidated 
                metropolitan statistical area, as defined by the Office 
                of Management and Budget.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.), 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 (c)(5).</DELETED>
        <DELETED>    ``(5) New metropolitan planning areas in 
        nonattainment.--In the case of an urbanized area designated 
        after the date of enactment of this paragraph in a 
        nonattainment area for ozone or carbon monoxide, the boundaries 
        of the metropolitan planning area--</DELETED>
                <DELETED>    ``(A) shall be established in the manner 
                described in subsection (b)(1);</DELETED>
                <DELETED>    ``(B) shall encompass the areas described 
                in paragraph (c)(2)(A);</DELETED>
                <DELETED>    ``(C) may encompass the areas described in 
                paragraph (c)(2)(B); and</DELETED>
                <DELETED>    ``(D) may address any nonattainment 
                identified under the Clean Air Act (42 U.S.C. 7401 et 
                seq.) for ozone or carbon monoxide.</DELETED>
<DELETED>    ``(d) Coordination in Multistate Areas.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Interstate compacts.--The consent of 
        Congress is granted to any 2 or more States--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) to establish such agencies, joint or 
                otherwise, as the States may determine desirable for 
                making the agreements and compacts effective.</DELETED>
        <DELETED>    ``(3) Lake tahoe region.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) Transportation planning process.--
                The Secretary shall--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) coordinate the 
                        transportation planning process with the 
                        planning process required of State and local 
                        governments under this section and section 
                        5204.</DELETED>
                <DELETED>    ``(C) Interstate compact.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Involvement of federal land 
                        management agencies.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(II) Funding.--In 
                                addition to funds made available to the 
                                metropolitan planning organization 
                                under other provisions of title 23 and 
                                under chapter 53 of this title, 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.</DELETED>
                <DELETED>    ``(D) Activities.--Highway projects 
                included in transportation plans developed under this 
                paragraph--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) may, in accordance with 
                        chapter 2 of title 23, be funded using funds 
                        allocated under section 202 of title 
                        23.</DELETED>
<DELETED>    ``(e) Coordination of MPOS.--</DELETED>
        <DELETED>    ``(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 
required by this section.</DELETED>
        <DELETED>    ``(2) Transportation improvements located in 
        multiple mpos.--If a transportation improvement, funded from 
        the highway trust fund, is located within the boundaries of 
        more than 1 metropolitan planning area, the metropolitan 
        planning organizations shall coordinate plans regarding the 
        transportation improvement.</DELETED>
        <DELETED>    ``(3) Interregional and interstate project 
        impacts.--Planning for NHS, commuter rail projects or other 
        projects with substantial impacts outside a single metropolitan 
        planning area or State shall be coordinated directly with the 
        affected, contiguous MPOs and States.</DELETED>
        <DELETED>    ``(4) Coordination with other planning 
        processes.--The Secretary shall encourage each MPO to 
        coordinate its planning process, to the maximum extent 
        practicable, with those officials responsible for other types 
        of planning activities that are affected by transportation, 
        including State and local planned growth, economic development, 
        environmental protection, airport operations, and freight. The 
        metropolitan planning process shall develop transportation 
        plans with due consideration of, and in coordination with, 
        other related planning activities within the metropolitan area. 
        This should include the design and delivery of transportation 
        services within the metropolitan area that are provided by--
        </DELETED>
                <DELETED>    ``(A) recipients of assistance under 
                chapter 53 of this title;</DELETED>
                <DELETED>    ``(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 non-emergency transportation 
                services; and</DELETED>
                <DELETED>    ``(C) recipients of assistance under 
                section 204 of title 23.</DELETED>
<DELETED>    ``(f) Scope of Planning Process.--</DELETED>
        <DELETED>    ``(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 to--</DELETED>
                <DELETED>    ``(A) support the economic vitality of the 
                metropolitan area, especially by enabling global 
                competitiveness, productivity, and efficiency, 
                including through services provided by public and 
                private operators;</DELETED>
                <DELETED>    ``(B) increase the safety of the 
                transportation system for motorized and nonmotorized 
                users;</DELETED>
                <DELETED>    ``(C) increase the security of the 
                transportation system for motorized and nonmotorized 
                users;</DELETED>
                <DELETED>    ``(D) increase the accessibility and 
                mobility of people and for freight, including through 
                services provided by public and private 
                operators;</DELETED>
                <DELETED>    ``(E) protect and enhance the environment, 
                promote energy conservation, and promote consistency 
                between transportation improvements and State and local 
                planned growth and economic development 
                patterns;</DELETED>
                <DELETED>    ``(F) enhance the integration and 
                connectivity of the transportation system, across and 
                between modes, for people and freight, including 
                through services provided by public and private 
                operators;</DELETED>
                <DELETED>    ``(G) promote efficient system management 
                and operation; and</DELETED>
                <DELETED>    ``(H) emphasize the preservation of the 
                existing transportation system, including services 
                provided by public and private operators.</DELETED>
        <DELETED>    ``(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 transportation 
        improvement plan, a project or strategy, or the certification 
        of a planning process.</DELETED>
<DELETED>    ``(g) Development of Transportation Plan.--</DELETED>
        <DELETED>    ``(1) In general.--Each metropolitan planning 
        organization shall prepare, and update at least every five 
        years a transportation plan for its metropolitan planning area 
        in accordance with the requirements of this 
        subsection.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) An identification of transportation 
                facilities (including but not necessarily limited to 
                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.</DELETED>
                <DELETED>    ``(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. However, no illustrative 
                project may be advanced without an action of the 
                Secretary. 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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Capital investment and other 
                strategies to preserve the existing metropolitan 
                transportation infrastructure and provide for 
                multimodal capacity increases based on regional 
                priorities and needs.</DELETED>
                <DELETED>    ``(E) Proposed transportation and transit 
                enhancement activities.</DELETED>
                <DELETED>    ``(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 transportation plan 
                with the process for development of the transportation 
                control measures of the State implementation plan 
                required by the Clean Air Act.</DELETED>
        <DELETED>    ``(4) Transportation conformity.--</DELETED>
                <DELETED>    ``(A) For the purposes of Section 7506 of 
                title 42, United States Code, the transportation plan 
                shall be considered to be a transportation plan or a 
                portion of a transportation plan, developed pursuant to 
                this section that extends for the longest of the 
                following periods--</DELETED>
                        <DELETED>    ``(i) the first 10-year period of 
                        any such plan,</DELETED>
                        <DELETED>    ``(ii) the latest year in the 
                        area's applicable implementation plan which 
                        contains a motor vehicle emissions budget, 
                        or</DELETED>
                        <DELETED>    ``(iii) the completion date of a 
                        regionally significant project, if the project 
                        requires approval before the subsequent 
                        conformity determination.</DELETED>
                <DELETED>    ``(B) A regional motor vehicle emissions 
                analysis for the last year of the transportation plan 
                shall be developed for information purposes only, if 
                such year extends beyond the time frame established by 
                subparagraph (A). The results of the analysis shall be 
                provided to involved governors, the Administrator of 
                the Environmental Protection Agency, and the Secretary 
                of the Department of Transportation, and should be 
                considered by air quality and transportation planning 
                agencies in subsequent updates of air quality and 
                transportation plans. The results of this analysis 
                shall be made available to the public.</DELETED>
        <DELETED>    ``(5) Participation by interested parties.--Before 
        the approval of a transportation plan by the Governor and 
        metropolitan planning organization, 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 
        transit, representatives of users of pedestrian walkways and 
        bicycle transportation facilities, and other interested parties 
        with a reasonable opportunity to comment on the transportation 
        plan, in a manner that the Secretary deems 
        appropriate.</DELETED>
        <DELETED>    ``(6) Approval of transportation plan.--</DELETED>
                <DELETED>    ``(A) Each transportation plan prepared by 
                a metropolitan planning organization shall be--
                </DELETED>
                        <DELETED>    ``(i) approved by the MPO, 
                        and</DELETED>
                        <DELETED>    ``(ii) submitted to the Governor 
                        for approval of the first five years of the 
                        plan.</DELETED>
                <DELETED>    ``(B) The projects listed in the first 
                five years of the plan may be selected for advancement 
                consistent with the project selection requirements. 
                Major amendments (addition, deletion, or concept and 
                scope change of a regionally significant project) to 
                this list would require appropriate public involvement, 
                financial planning, transportation conformity analyses 
                and a finding by the FHWA and FTA that the amended plan 
                was produced in a manner consistent with this 
                section.</DELETED>
        <DELETED>    ``(7) Included projects.--</DELETED>
                <DELETED>    ``(A) Projects under chapter 1 of title 23 
                and chapter 53 of title 49.--A transportation plan 
                developed under this section for a metropolitan area 
                shall include the projects and strategies within the 
                area that are proposed for funding under chapter 1 of 
                title 23 and chapter 53 of title 49.</DELETED>
                <DELETED>    ``(B) Projects under chapter 2 of title 
                23--regionally significant projects.--Regionally 
                significant projects proposed for funding under chapter 
                2 of title 23 shall be identified individually in the 
                metropolitan transportation plan.</DELETED>
                <DELETED>    ``(C)  Other projects.--Projects proposed 
                for funding under chapter 2 of title 23 that are not 
                determined to be regionally significant shall be 
                grouped in 1 line item or identified individually in 
                the metropolitan transportation plan.</DELETED>
        <DELETED>    ``(8) Selection of projects.--</DELETED>
                <DELETED>    ``(A) In general.--Except as otherwise 
                provided in subsection (h)(4) the selection of 
                federally funded projects in metropolitan planning 
                areas shall be carried out, from the approved 
                transportation plan--</DELETED>
                        <DELETED>    ``(i) by--</DELETED>
                                <DELETED>    ``(I) in the case of 
                                projects under chapter 1 of title 23, 
                                the State;</DELETED>
                                <DELETED>    ``(II) in the case of 
                                projects under section 5307 of this 
                                title, the designated transit funding 
                                recipients; and</DELETED>
                                <DELETED>    (III) in the case of 
                                projects under 5308, 5310, 5311, and 
                                5317, the State; and</DELETED>
                        <DELETED>    ``(ii) in cooperation with the 
                        metropolitan planning organization.</DELETED>
                <DELETED>    ``(B) Modifications to project priority.--
                Notwithstanding any other provision of law, action by 
                the Secretary shall not be required to advance a 
                project from the first five years of the plan included 
                in the approved transportation plan in place of another 
                project in the same five-year period.</DELETED>
        <DELETED>    ``(9) Publication.--</DELETED>
                <DELETED>    ``(A) Publication of transportation 
                plan.--A transportation plan involving federal 
                participation shall be published or otherwise made 
                readily available by the metropolitan planning 
                organization for public review.</DELETED>
                <DELETED>    ``(B) Publication of annual listings of 
                projects.--An annual listing of projects, including 
                investments in pedestrian walkways and bicycle 
                transportation facilities, for which Federal funds have 
                been obligated in the preceding five years shall be 
                published or otherwise made available by the 
                cooperative effort of the State, transit operator and 
                the metropolitan planning organization for public 
                review. The listing shall be consistent with the 
                funding categories identified in the first five years 
                of the transportation plan.</DELETED>
<DELETED>    ``(h) Transportation Management Areas.--</DELETED>
        <DELETED>    ``(1) 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.</DELETED>
        <DELETED>    ``(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 transit operators.</DELETED>
        <DELETED>    ``(3) Congestion management system.--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 of this 
        title 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 but no sooner than one-year 
        after the identification of a transportation management 
        area.</DELETED>
        <DELETED>    ``(4) Selection of projects.--</DELETED>
                <DELETED>    ``(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 of this title 
                shall be selected for implementation from the approved 
                transportation plan by the metropolitan planning 
                organization designated for the area in consultation 
                with the State and any affected public transit 
                operator.</DELETED>
                <DELETED>    ``(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 transportation plan by the State in 
                cooperation with the metropolitan planning organization 
                designated for the area.</DELETED>
        <DELETED>    ``(5) Certification.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall--
                </DELETED>
                        <DELETED>    ``(i) ensure that the metropolitan 
                        planning process of an MPO serving a 
                        transportation management area is being carried 
                        out in accordance with applicable provisions of 
                        Federal law; and</DELETED>
                        <DELETED>    ``(ii) subject to subparagraph 
                        (B), certify, not less often than once every 5 
                        years that the requirements of this paragraph 
                        are met with respect to the metropolitan 
                        planning process.</DELETED>
                <DELETED>    ``(B) Requirements for certification.--The 
                Secretary may make the certification under subparagraph 
                (A) if--</DELETED>
                        <DELETED>    ``(i) the transportation planning 
                        process complies with the requirements of this 
                        section and other applicable requirements of 
                        Federal law; and</DELETED>
                        <DELETED>    ``(ii) there is a transportation 
                        plan for the metropolitan planning area that 
                        has been approved by the metropolitan planning 
                        organization and the Governor.</DELETED>
                <DELETED>    ``(C) Effect of failure to certify.--
                </DELETED>
                        <DELETED>    ``(i) Withholding of project 
                        funds.--If a metropolitan planning process of 
                        an metropolitan planning organization serving a 
                        TMA is not certified, the Secretary may 
                        withhold a portion or all of the funds 
                        available to metropolitan planning area of the 
                        metropolitan planning organization for projects 
                        funded under title 23 and chapter 53 of this 
                        title.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(i)  Abbreviated Plans for Certain Areas.--</DELETED>
        <DELETED>    ``(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 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.</DELETED>
        <DELETED>    ``(2) Nonattainment areas.--The Secretary may not 
        permit abbreviated plans 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.).</DELETED>
<DELETED>    ``(j) Additional Requirements for Certain Nonattainment 
Areas.--</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding any other 
        provisions of title 23 or chapter 53 of this title, 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 carrying capacity 
        for single-occupant vehicles unless the project is addressed 
        through a congestion management process.</DELETED>
        <DELETED>    ``(2) Applicability.--This subsection applies to a 
        nonattainment area within the metropolitan planning area 
        boundaries determined under subsection (c).</DELETED>
<DELETED>    ``(k) 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 of this title.</DELETED>
<DELETED>    ``(l) Funding.--Funds set aside under section 104(f) of 
title 23 or section 5305(h) of this title shall be available to carry 
out this section.</DELETED>
<DELETED>    ``(m) Continuation of Current Review Practice.--Since 
plans described in this section are subject to a reasonable opportunity 
for public comment, individual projects included in plans 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 
described in this section have not been reviewed under such Act as of 
January 1, 1997, any decision by the Secretary concerning a plan 
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.).</DELETED>
<DELETED>    ``(n) Relationship to the NEPA Process.--</DELETED>
        <DELETED>    ``(1) To expedite the planning and development of 
        transportation improvements in compliance with this section and 
        section 5204 and the National Environmental Policy Act (42 
        U.S.C. 4321 et seq.), to facilitate compliance with the Clean 
        Water Act (33 U.S.C. 1251 et seq.) and other Federal 
        environmental laws, and to fulfill the directive in section 
        1308 of the Transportation Equity Act for the 21st Century, 
        Public Law 105-206, to integrate the major investment study 
        requirement into the transportation planning and National 
        Environmental Policy Act processes, the Secretary and heads of 
        other Federal agencies shall presume that the results of 
        studies developed as part of the planning process establish the 
        basis for an environmental assessment or impact statement, 
        provided that such studies, pursuant to the provisions of this 
        section--</DELETED>
                <DELETED>    ``(A) are consistent with subsection 
                (a)(4) of this section;</DELETED>
                <DELETED>    ``(B) provided opportunities for citizens 
                and interested parties to participate during the 
                studies;</DELETED>
                <DELETED>    ``(C) included consideration of an 
                appropriate range of alternatives, such as alternative 
                modes, technologies, general alignments, and policies; 
                and</DELETED>
                <DELETED>    ``(D) considered the planning factors of 
                subsection (f)(1).</DELETED>
        <DELETED>    ``(2) The results of studies developed as part of 
        the planning process and that are presumed to establish the 
        basis for an environmental assessment or impact statement, as 
        described in subsection (1) of this section, include, but are 
        not limited to--</DELETED>
                <DELETED>    ``(A) the purpose and need;</DELETED>
                <DELETED>    ``(B) the alternatives selected for 
                evaluation in an environmental assessment or impact 
                statement; and</DELETED>
                <DELETED>    ``(C) an assessment of environmental 
                impacts related to development growth, including 
                indirect and cumulative effects, that is consistent 
                with local land use, growth management, or development 
                plans.</DELETED>
        <DELETED>    ``(3) The results of studies developed during the 
        planning process may be appended to or incorporated by 
        reference in and used to substantiate an environmental 
        assessment or impact statement.</DELETED>
<DELETED>``Sec. 5204. Statewide transportation planning</DELETED>
<DELETED>    ``(a) General Requirements.--</DELETED>
        <DELETED>    ``(1) Development of plans and programs.--To 
        accomplish the objectives stated in section 5201, each State 
        shall develop a statewide transportation plan and a statewide 
        Transportation Improvement Program (STIP) for all areas of the 
        State subject to section 5203.</DELETED>
        <DELETED>    ``(2) Contents.--The statewide transportation plan 
        and the STIP developed 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 State and an integral part of an intermodal transportation 
system for the United States.</DELETED>
        <DELETED>    ``(3) Process of development.--The process for 
        developing the statewide plan and the STIP shall provide for 
        consideration of all modes of transportation and the policies 
        stated in section 5201, and shall be continuing, cooperative, 
        and comprehensive to the degree appropriate, based on the 
        complexity of the transportation problems to be 
        addressed.</DELETED>
<DELETED>    ``(b) Coordination With Metropolitan Planning; State 
Implementation Plan.--A State shall--</DELETED>
        <DELETED>    ``(1) coordinate planning carried out under this 
        section with the transportation planning activities carried out 
        under section 5203 of this title for metropolitan areas of the 
        State and with other related Statewide planning activities such 
        as trade and economic development and related multi-State 
        planning efforts,</DELETED>
        <DELETED>    ``(2) develop the transportation portion of the 
        State implementation plan as required by the Clean Air Act (42 
        U.S.C. 7401 et seq.), and</DELETED>
        <DELETED>    ``(3) participate in the integration of planning 
        and environmental studies pursuant to section 5203(n) of this 
        chapter.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Scope of Planning Process.--</DELETED>
        <DELETED>    ``(1) In general.--Each State shall carry out a 
        statewide transportation planning process that provides for 
        consideration of projects, strategies and implementing projects 
        and services that will--</DELETED>
                <DELETED>    ``(A) support the economic vitality of the 
                United States, the States, non-metropolitan areas, and 
                metropolitan areas, especially by enabling global 
                competitiveness, productivity, and 
                efficiency;</DELETED>
                <DELETED>    ``(B) increase the safety of the 
                transportation system for motorized and non-motorized 
                users;</DELETED>
                <DELETED>    ``(C) increase the security of the 
                transportation system for motorized and nonmotorized 
                users;</DELETED>
                <DELETED>    ``(D) increase the accessibility and 
                mobility of people and freight;</DELETED>
                <DELETED>    ``(E) protect and enhance the environment, 
                promote energy conservation, promote consistency 
                between transportation improvements and State and local 
                planned growth and economic development patterns, and 
                improve the quality of life;</DELETED>
                <DELETED>    ``(F) enhance the integration and 
                connectivity of the transportation system, across and 
                between modes throughout the State, for people and 
                freight;</DELETED>
                <DELETED>    ``(G) promote efficient system management 
                and operation; and</DELETED>
                <DELETED>    ``(H) emphasize the preservation of the 
                existing transportation system.</DELETED>
        <DELETED>    ``(2) Failure to consider factors.--The failure to 
        consider any factor specified in paragraph (1) of this 
        subsection 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 STIP, a project or strategy, or the 
        certification of a planning process.</DELETED>
<DELETED>    ``(e) Additional Requirements.--In carrying out planning 
under this section, each State shall consider, at a minimum--</DELETED>
        <DELETED>    ``(1) with respect to non-metropolitan areas, the 
        concerns of affected local officials with responsibility for 
        transportation;</DELETED>
        <DELETED>    ``(2) the concerns of Indian tribal governments 
        and Federal land management agencies that have jurisdiction 
        over land within the boundaries of the State; and</DELETED>
        <DELETED>    ``(3) coordination of transportation plans, the 
        STIP, and planning activities with related planning activities 
        being carried out outside of metropolitan planning areas and 
        between States;</DELETED>
<DELETED>    ``(f) Statewide Transportation Plan.--</DELETED>
        <DELETED>    ``(1) Development.--Each State shall develop a 
        statewide transportation plan, with a minimum 20-year forecast 
        period, updated at least every five years, for all areas of the 
        State, that provides for the development and implementation of 
        the intermodal transportation system of the State.</DELETED>
        <DELETED>    ``(2) Consultation with governments.--</DELETED>
                <DELETED>    ``(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 5203.</DELETED>
                <DELETED>    ``(B) Non-metropolitan areas.--With 
                respect to non-metropolitan areas, the statewide 
                transportation plan shall be developed in consultation 
                with affected non-metropolitan officials with 
                responsibility for transportation. The Secretary shall 
                not review or approve the consultation process in each 
                State.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Participation by interested parties.--In 
        developing the statewide transportation plan, the State shall--
        </DELETED>
                <DELETED>    ``(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, 
                providers of freight transportation services, and other 
                interested parties with a reasonable opportunity to 
                comment on the proposed plan; and</DELETED>
                <DELETED>    ``(B) identify transportation strategies 
                necessary to efficiently serve the mobility needs of 
                people.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Statewide Transportation Improvement Program 
(STIP).--</DELETED>
        <DELETED>    ``(1) Development.--Each State shall develop a 
        statewide transportation improvement program for all areas of 
        the State.</DELETED>
        <DELETED>    ``(2) Consultation with governments.--</DELETED>
                <DELETED>    ``(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 5203.</DELETED>
                <DELETED>    ``(B) Non-metropolitan areas.--With 
                respect to each non-metropolitan area in the State, the 
                program shall be developed in consultation with 
                affected non-metropolitan local officials with 
                responsibility for transportation. The Secretary shall 
                not review or approve the specific consultation process 
                in the State.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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 transit, 
        representatives of users of pedestrian walkways and bicycle 
        transportation facilities, and other interested parties with a 
        reasonable opportunity to comment on the proposed 
        program.</DELETED>
        <DELETED>    ``(4) Included projects.--</DELETED>
                <DELETED>    ``(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. The program shall cover a minimum of five 
                years, identify projects by year, be fiscally 
                constrained by year, and be updated at least every five 
                years. An annual listing of projects for which funds 
                have been obligated in the preceding five years in each 
                metropolitan planning area shall be published or 
                otherwise made available by the cooperative effort of 
                the State, transit operator, and the metropolitan 
                planning organization for public review. Regionally 
                significant projects proposed for funding under chapter 
                2 of title 23 shall be identified individually in the 
                transportation improvement program. Other projects 
                proposed for funding under chapter 2 of title 23 that 
                are not determined to be regionally significant shall 
                be grouped in 1 line item or identified individually. 
                The listing shall be consistent with the funding 
                categories identified in the first five years of each 
                metropolitan transportation plan.</DELETED>
                <DELETED>    ``(B) Consistency with statewide 
                transportation plan.--Each project shall be--</DELETED>
                        <DELETED>    ``(i) consistent with the 
                        statewide transportation plan developed under 
                        this section for the State;</DELETED>
                        <DELETED>    ``(ii) identical to the project or 
                        phase of the project as described in each year 
                        of the initial five years of an approved 
                        metropolitan transportation plan; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Requirement of anticipated full 
                funding.--The STIP 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.</DELETED>
                <DELETED>    ``(D) Financial plan.--The STIP may 
                include a financial plan that demonstrates how the 
                approved STIP can be implemented, indicates resources 
                from public and private sources that are reasonably 
                expected to be made available to carry out the STIP, 
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.</DELETED>
                <DELETED>    ``(E) Selection of projects from 
                illustrative list.--</DELETED>
                        <DELETED>    ``(i) No required selection.--
                        Notwithstanding subparagraph (D), a State shall 
                        not be required to select any project from the 
                        illustrative list of additional projects 
                        included in the financial plan under 
                        subparagraph (D).</DELETED>
                        <DELETED>    ``(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 (D) for inclusion in an approved 
                        STIP.</DELETED>
                <DELETED>    ``(F) Priorities.--The STIP shall reflect 
                the priorities for programming and expenditures of 
                funds, including transportation and transit enhancement 
                activities, required by title 23 and chapter 53 of this 
                title, and transportation control measures included in 
                the State's air quality implementation plan.</DELETED>
        <DELETED>    ``(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 STIP (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 5308, 5310, 5311, and 5317 of this title), 
        by the State in cooperation with the affected non-metropolitan 
        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 5308, 5310, 5311, and 5317 of this 
        title shall be selected, from the approved statewide 
        transportation improvement program, by the State in 
        consultation with the affected local officials with 
        responsibility for transportation.</DELETED>
        <DELETED>    ``(6) STIP approval.--A STIP developed under this 
        subsection shall be reviewed and based on a current Planning 
        Finding approved at least every five years by the 
        Secretary.</DELETED>
        <DELETED>    ``(7) Planning finding.--A finding shall be made 
        by the Secretary at least every five years that the 
        transportation planning process(es) through which statewide 
        transportation plans and programs are developed are consistent 
        with this section and section 5203.</DELETED>
        <DELETED>    ``(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 STIP in place of another project in the 
        program.</DELETED>
<DELETED>    ``(h) Funding.--Funds set aside pursuant to section 104(i) 
of title 23 and 5305(h) of this title shall be available to carry out 
this section.</DELETED>
<DELETED>    ``(i) Treatment of Certain State Laws as Congestion 
Management Systems.--For purposes of this section and section 5203 of 
this title, State laws, rules or regulations pertaining to congestion 
management systems or programs may constitute the congestion management 
system under section 5203(h)(3) if the Secretary finds that the State 
laws, rules or regulations are consistent with, and fulfill the intent 
of, the purposes of section 5203, as appropriate.</DELETED>
<DELETED>    ``(j) Continuation of Current Review Practice.--Since the 
statewide transportation plan and the STIP described in this section 
are subject to a reasonable opportunity for public comment, since 
individual projects included in the statewide transportation plans and 
the STIP 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 STIP 
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 STIP 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.).</DELETED>
<DELETED>    ``(k) Integration of Planning and Environmental Studies.--
Section 5203(n) of this chapter shall also apply to the planning 
process established under this section, except that the planning 
factors to be considered shall be those set forth in subsection (d) of 
this section.''.</DELETED>
<DELETED>    (b) Consistency of Conformity Timing With the 
Transportation Plan.--Section 7506(c)(4) of title 42, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subparagraph (B)(ii) by striking ``, but in 
        no case shall such determinations for transportation plans and 
        programs be less frequent than every three years'', and 
        inserting ``but the frequency for making conformity 
        determinations for transportation plans must be consistent with 
        subparagraph (E)''; and</DELETED>
        <DELETED>    (2) by inserting after subparagraph (D) the 
        following:</DELETED>
                <DELETED>    ``(E) The frequency for making conformity 
                determinations on updated transportation plans shall be 
                every five years, except when:</DELETED>
                        <DELETED>    ``(i) the metropolitan planning 
                        organization chooses to update a transportation 
                        plan more frequently, or</DELETED>
                        <DELETED>    ``(ii) changes to the applicable 
                        implementation plan trigger a new conformity 
                        determination, as provided in regulations 
                        promulgated by the Administrator pursuant to 
                        subparagraph (A) above.''.</DELETED>
<DELETED>    (c) Conforming Clarification.--Upon date of enactment of 
this Act, the references to ``program'' and ``improvement program'' in 
section 7506 of title 42, United States Code, shall refer to the 
transportation plan developed pursuant to section 5203 of title 49, 
United States Code.</DELETED>
<DELETED>    (d) Streamlined State Conformity Rule Requirements.--
Section 7506(c)(4)(C) of title 42, United States Code, is amended to 
read as follows:</DELETED>
                <DELETED>    ``(C) Such procedures shall also include a 
                requirement that each State shall submit to the 
                Administrator and the Secretary of Transportation, 
                within 24 months of such date of enactment, a revision 
                to its implementation plan that includes criteria and 
                procedures for consultation in accordance with the 
                Administrator's criteria and procedures for 
                consultation required by subparagraph (B)(i) of this 
                paragraph.''.</DELETED>
<DELETED>    (e) Conforming Amendments.--(1) The table of chapters for 
title 49, United States Code, is amended by inserting the following 
after the item relating to chapter 51:</DELETED>

<DELETED>``52. Transportation Planning......................    5201''.
        <DELETED>    (2) The chapter analysis for Subtitle III of title 
        49, United States Code, is amended by inserting the following 
        after the item relating to chapter 51:</DELETED>

<DELETED>``52. Transportation Planning......................    5201''.

<DELETED>SEC. 6002. INTERMODAL PASSENGER FACILITIES.</DELETED>

<DELETED>    (a) In General.--Chapter 55 of title 49, United States 
Code, is amended by adding the following at the end:</DELETED>

  <DELETED>``SUBCHAPTER III--INTERMODAL PASSENGER FACILITIES</DELETED>

<DELETED>Sec. 5571. Policy and purposes</DELETED>
<DELETED>    ``(a) Development and Enhancement of Intermodal Passenger 
Facilities.--It is in the economic interest of the United States to 
improve the efficiency of public surface transportation modes by 
ensuring their connection with and access to intermodal passenger 
terminals, thereby streamlining the transfer of passengers among modes, 
enhancing travel options, and increasing passenger transportation 
operating efficiencies.</DELETED>
<DELETED>    ``(b) General Purposes.--The purposes of this subchapter 
are to accelerate intermodal integration among North America's 
passenger transportation modes through--</DELETED>
        <DELETED>    ``(1) assuring intercity public transportation 
        access to intermodal passenger facilities;</DELETED>
        <DELETED>    ``(2) encouraging the development of an integrated 
        system of public transportation information; and</DELETED>
        <DELETED>    ``(3) providing intercity bus intermodal passenger 
        facility grants.</DELETED>
<DELETED>Sec. 5572. Definitions</DELETED>
        <DELETED>``In this subchapter--</DELETED>
        <DELETED>    ``(1) `capital project' means a project for--
        </DELETED>
                <DELETED>    ``(A) acquiring, constructing, improving, 
                or renovating an intermodal facility that is related 
                physically and functionally to intercity bus service 
                and establishes or enhances coordination between 
                intercity bus service and transportation, including 
                aviation, commuter rail, intercity rail, public 
                transportation, seaports, and the National Highway 
                System, such as physical infrastructure associated with 
                private bus operations at existing and new intermodal 
                facilities, including special lanes, curb cuts, ticket 
                kiosks and counters, baggage and package express 
                storage, employee parking, office space, security, and 
                signage; and</DELETED>
                <DELETED>    ``(B) establishing or enhancing 
                coordination between intercity bus service and 
                transportation, including aviation, commuter rail, 
                intercity rail, public transportation, and the National 
                Highway System through an integrated system of public 
                transportation information.</DELETED>
        <DELETED>    ``(2) `commuter service' means service designed 
        primarily to provide daily work trips within the local 
        commuting area.</DELETED>
        <DELETED>    ``(3) `intercity bus service' means regularly 
        scheduled bus service for the general public which operates 
        with limited stops over fixed routes connecting two or more 
        urban areas not in close proximity, which has the capacity for 
        transporting baggage carried by passengers, and which makes 
        meaningful connections with scheduled intercity bus service to 
        more distant points, if such service is available and may 
        include package express service, if incidental to passenger 
        transportation, but does not include air, commuter, water or 
        rail service.</DELETED>
        <DELETED>    ``(4) `intermodal passenger facility' means 
        passenger terminal that does, or can be modified to, 
        accommodate several modes of transportation and related 
        facilities, including some or all of the following: intercity 
        rail, intercity bus, commuter rail, intra-city rail transit and 
        bus transportation, airport limousine service and airline 
        ticket offices, rent-a-car facilities, taxis, private parking, 
        and other transportation services.</DELETED>
        <DELETED>    ``(5) `local governmental authority' includes--
        </DELETED>
                <DELETED>    ``(A) a political subdivision of a 
                State;</DELETED>
                <DELETED>    ``(B) an authority of at least one State 
                or political subdivision of a State;</DELETED>
                <DELETED>    ``(C) an Indian tribe; and</DELETED>
                <DELETED>    ``(D) a public corporation, board, or 
                commission established under the laws of the 
                State.</DELETED>
        <DELETED>    ``(6) `owner or operator of a public 
        transportation facility' means an owner or operator of 
        intercity-rail, intercity-bus, commuter-rail, commuter-bus, 
        rail-transit, bus-transit, or ferry services.</DELETED>
        <DELETED>    ``(7) `recipient' means a State or local 
        governmental authority or a nonprofit organization that 
        receives a grant to carry out this section directly from the 
        Federal government.</DELETED>
        <DELETED>    ``(8) `Secretary' means the Secretary of 
        Transportation.</DELETED>
        <DELETED>    ``(9) `state' means a State of the United States, 
        the District of Columbia, Puerto Rico, the Northern Mariana 
        Islands, Guam, American Samoa, and the Virgin 
        Islands.</DELETED>
        <DELETED>    ``(10) `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 public transportation system to 
        serve individuals in the locality.</DELETED>
<DELETED>``Sec. 5573. Assurance of access to intermodal passenger 
              facilities</DELETED>
<DELETED>    ``Intercity buses and other modes of transportation shall, 
to the maximum extent practicable, have access to publicly funded 
intermodal passenger facilities including, but not limited to, those 
passenger facilities seeking funding under section 5574.</DELETED>
<DELETED>``Sec. 5574. Intercity bus intermodal passenger facility 
              grants</DELETED>
<DELETED>    ``(a) General Authority.--The Secretary of Transportation 
may make grants under this section to recipients in financing a capital 
project, as defined in section 5572 of this chapter, only if the 
Secretary finds that the proposed project is justified and has adequate 
financial commitment.</DELETED>
<DELETED>    ``(b) 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.</DELETED>
<DELETED>    ``(c) Share of Net Project Costs.--</DELETED>
        <DELETED>    ``(1) A grant shall not exceed 50 percent of the 
        net project cost, as determined by the Secretary.</DELETED>
        <DELETED>    ``(2) The portion of the net costs of an eligible 
        project that is not funded under this section shall be from an 
        undistributed cash surplus, a replacement or depreciation cash 
        fund or reserve, or new capital and may include up to 30 
        percent from amounts appropriated to or made available to a 
        department or agency of the Federal government that are 
        eligible to be expended for transportation.</DELETED>
<DELETED>    ``(d) Regulations.--The Secretary may issue regulations 
necessary to carry out this section.</DELETED>
<DELETED>``Sec. 5575. Funding</DELETED>
<DELETED>    ``(a) Mass Transit Account.--</DELETED>
        <DELETED>    ``(1) Funding.--To carry out this Subchapter, 
        there is authorized to be appropriated for each of fiscal years 
        2005 through 2009 from the Mass Transit Account of the Highway 
        Trust Fund the amounts made available under section 
        5338(a)(2)(O) of this title.</DELETED>
        <DELETED>    ``(2) Contractual obligations.--A grant approved 
        by the Secretary of Transportation that is financed with 
        amounts made available under subsection (a) of this section is 
        a contractual obligation of the United States Government to pay 
        the Government's share of the cost of the project.</DELETED>
<DELETED>    ``(b) Highway Account.--</DELETED>
        <DELETED>    ``(1) There is authorized to be appropriated from 
        the Highway Trust Fund (other than the Mass Transit Account) to 
        carry out this subchapter $10,000,000 for each of fiscal years 
        2005 through 2009.</DELETED>
        <DELETED>    ``(2) The funding made available under paragraph 
        (1) of this subsection 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 obligation limitation 
        imposed on funds for Federal-aid highways and highway safety 
        construction programs.</DELETED>
<DELETED>    ``(c) Period of Availability.--Amounts made available by 
subsection (a) of this section shall remain available until 
expended.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents for 
chapter 55 of title 49, United States Code, is amended by inserting the 
following at the end:</DELETED>
           ``subchapter iii--intermodal passenger facilities
<DELETED>Sec.
<DELETED>``5571. Policy and Purposes.
<DELETED>``5572. Definitions.
<DELETED>``5573. Assurance of access to intermodal facilities.
<DELETED>``5574. Intercity bus intermodal facility grants.
<DELETED>``5575. Funding.''.

              <DELETED>TITLE VII--MISCELLANEOUS</DELETED>

                <DELETED>Subtitle A--Railroads</DELETED>

<DELETED>SEC. 7101. RAIL CORRIDOR PLANNING.</DELETED>

<DELETED>    Section 26101(b)(1) of title 49, United States Code, is 
amended in the first sentence thereof by adding ``(1)'' after the word 
``determines'' and by adding ``or (2) that it is necessary to help 
promote an effective and efficient system of conventional speed 
intercity rail passenger operations'' after the word 
``improvements''.</DELETED>

<DELETED>SEC. 7102. HIGH SPEED RAIL AUTHORIZATIONS.</DELETED>

<DELETED>    Section 26104 of Title 49, United States Code, is revised 
to read as follows:</DELETED>
<DELETED>``Sec. 26104. Authorization of appropriations</DELETED>
<DELETED>    ``(a) There are authorized to be appropriated to the 
Secretary $25,000,000 each year for fiscal years 2004 through 2009 for 
carrying out section 26101 (including payment of administrative 
expenses related thereto).</DELETED>
<DELETED>    ``(b) There are authorized to be appropriated to the 
Secretary $25,000,000 each year for fiscal years 2004 through 2009 for 
carrying out section 26102 (including payment of administrative 
expenses related thereto).''</DELETED>
<DELETED>    ``(c) Funds made available under this section shall remain 
available until expended.''.</DELETED>

   <DELETED>Subtitle B--Miscellaneous Technical Corrections to Title 
                              49</DELETED>

<DELETED>SEC. 7201. CORRECTION OF OBSOLETE REFERENCES TO INTERSTATE 
              COMMERCE COMMISSION.</DELETED>

<DELETED>    (a) Except as otherwise provided, a reference in this 
section to an amendment to, or a repeal of, a section or other 
provision is deemed to be a reference to a section or other provision 
of title 49, United States Code.</DELETED>
<DELETED>    (b)(1) Section 307 (Safety information and intervention in 
Interstate Commerce Commission proceedings) is repealed.</DELETED>
<DELETED>    (2) The analysis of chapter 3 is amended by striking the 
item designated ``307''.</DELETED>
<DELETED>    (c) Subsections (d)(1)(C) and (e) of section 333 
(Responsibility for rail transportation unification and coordination 
projects) are amended by striking ``Interstate Commerce Commission'' 
and ``Commission'' each place the words appear and substituting 
``Surface Transportation Board'' and ``Board'', respectively.</DELETED>
<DELETED>    (d) Section 10903(b)(2) is amended by striking ``24706(c) 
of this title'' and substituting ``24706(c) of this title before May 
31, 1998''.</DELETED>
<DELETED>    (e) Section 13541(a) is amended by striking ``finds that'' 
and all that follows, and substituting--``finds that the exemption is 
in the public interest and that the application of that provision--
</DELETED>
        <DELETED>    ``(1) is not necessary to carry out the 
        transportation policy of section 13101; and</DELETED>
        <DELETED>    ``(2) is not needed to protect shippers from the 
        abuse of market power or that the transaction or service is of 
        limited scope.''.</DELETED>
<DELETED>    (f)(1) Section 14704 (Rights and remedies of persons 
injured by carriers or brokers) is amended as follows:</DELETED>
        <DELETED>    (A) In subsection (a) --</DELETED>
                <DELETED>    (i) strike ``In general.--'' and all that 
                follows through ``injured'' and substitute 
                ``Enforcement of order.--A person injured''; 
                and</DELETED>
                <DELETED>    (ii) redesignate paragraph (2) as 
                subsection (b)(2); and</DELETED>
        <DELETED>    (B) In subsection (b), by striking ``Liability and 
        damages'' and all that follows through ``A carrier'' and 
        substitute ``Liability and damages.--(1) A carrier''.</DELETED>
<DELETED>    (2) Section 14705(c) is amended by striking ``14704(b)'' 
and substituting ``14704(b)(2)''.</DELETED>
<DELETED>    (g)(1) Subsection (c)(3) of section 24307 (Special 
transportation) is amended by striking ``Interstate Commerce 
Commission'' and substituting ``Surface Transportation 
Board''.</DELETED>
<DELETED>    (2) Section 24308 (Use of facilities and providing 
services to Amtrak) is amended by striking ``Interstate Commerce 
Commission'' and ``Commission'' each place the words appear and 
substituting ``Surface Transportation Board'' and ``Board'', 
respectively.</DELETED>
<DELETED>    (3) Section 24311 (Acquiring interests in property by 
eminent domain) is amended by striking ``Interstate Commerce 
Commission'' and ``Commission'' each place the words appear and 
substituting ``Surface Transportation Board'' and ``Board'', 
respectively.</DELETED>
<DELETED>    (4) Section 24902 (Goals and requirements) is amended by 
striking ``Interstate Commerce Commission'' and ``Commission'' each 
place the words appear and substituting ``Surface Transportation 
Board'' and ``Board'', respectively.</DELETED>
<DELETED>    (5) Section 24904 (General authority) is amended by 
striking ``Interstate Commerce Commission'' and ``Commission'' each 
place the words appear and substituting ``Surface Transportation 
Board'' and ``Board'', respectively.</DELETED>

    <DELETED>Subtitle C--Hazardous Material Transportation</DELETED>

<DELETED>SEC. 7301. DEFINITIONS.</DELETED>

<DELETED>    Section 5102 of title 49, United States Code, is amended 
by revising paragraph (1) to read as follows:</DELETED>
        <DELETED>    ``(1) `commerce' means trade or transportation in 
        the jurisdiction of the United States</DELETED>
                <DELETED>    ``(A) between a place in a State and a 
                place outside of the State;</DELETED>
                <DELETED>    ``(B) that affects trade or transportation 
                between a place in a State and a place outside of the 
                State; or</DELETED>
                <DELETED>    ``(C) on a United States-registered 
                aircraft.''</DELETED>

<DELETED>SEC. 7302. REPRESENTATIONS AND TAMPERING WITH HAZARDOUS 
              MATERIAL PACKAGING.</DELETED>

<DELETED>    Section 5103(b)(1) of title 49, United States Code, is 
amended by revising subparagraph (A) to read as follows:</DELETED>
                <DELETED>    ``(A) apply to a person that--</DELETED>
                        <DELETED>    ``(i) transports a hazardous 
                        material in commerce;</DELETED>
                        <DELETED>    ``(ii) causes a hazardous material 
                        to be transported in commerce;</DELETED>
                        <DELETED>    ``(iii) manufactures, designs, 
                        inspects, tests, reconditions, marks, or 
                        repairs a packaging or packaging component 
                        represented as qualified for use in 
                        transporting hazardous material in 
                        commerce;</DELETED>
                        <DELETED>    ``(iv) prepares, accepts, or 
                        rejects hazardous material for transportation 
                        in commerce;</DELETED>
                        <DELETED>    ``(v) is responsible for the 
                        safety of transporting hazardous material in 
                        commerce;</DELETED>
                        <DELETED>    ``(vi) certifies compliance with 
                        any requirement issued under this 
                        chapter;</DELETED>
                        <DELETED>    ``(vii) misrepresents whether it 
                        is engaged in any of the above activities; 
                        or</DELETED>
                        <DELETED>    ``(viii) performs any other act or 
                        function relating to the transportation in 
                        commerce of a hazardous material; 
                        and''.</DELETED>

<DELETED>SEC. 7303. HAZARDOUS MATERIAL TRANSPORTATION SAFETY AND 
              SECURITY.</DELETED>

<DELETED>    (a) Enhanced Authority To Discover Hidden Shipments of 
Hazardous Material.--Section 5121 of title 49, United States Code, is 
amended by revising subsection (c) to read as follows:</DELETED>
<DELETED>    ``(c) Inspections and Investigations.--(1) A designated 
officer or employee of the Secretary may--</DELETED>
                <DELETED>    ``(A) inspect and investigate, at a 
                reasonable time and in a reasonable way, records and 
                property related to a function described in section 
                5103(b)(1) of this chapter;</DELETED>
                <DELETED>    ``(B) except for the packaging immediately 
                adjacent to its hazardous material contents, gain 
                access to, open, and examine a package 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;</DELETED>
                <DELETED>    ``(C) remove from transportation a package 
                or related packages in a shipment offered for or in 
                transportation, and for which such officer or employee 
                has an objectively reasonable and articulable belief 
                that the package or packages may pose an imminent 
                hazard, and for which the officer or employee 
                contemporaneously documents that belief in accordance 
                with procedures established by the Secretary;</DELETED>
                <DELETED>    ``(D) gather information from the offeror, 
                carrier, packaging manufacturer or retester, or other 
                person responsible for the package or packages, to 
ascertain the nature and hazards of the contents of the package or 
packages;</DELETED>
                <DELETED>    ``(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 or packages 
                to have the package or packages transported to, opened 
                and the contents examined and analyzed at a facility 
                appropriate for the conduct of this activity; 
                and</DELETED>
                <DELETED>    ``(F) when safety might otherwise be 
                compromised, authorize properly qualified personnel to 
                assist in the activities conducted under this 
                subsection.</DELETED>
        <DELETED>    ``(2) An officer or employee acting under this 
        subsection shall display proper credentials when 
        requested.</DELETED>
        <DELETED>    ``(3) For instances when, as a result of the 
        inspection or investigation, an imminent hazard is not found to 
        exist, the Secretary shall develop procedures to assist in the 
        safe resumption of transportation of the package or transport 
        unit.''.</DELETED>
<DELETED>    (b) Emergency Authority for Hazardous Material 
Transportation.--Section 5121 is amended by striking subsection (e), 
redesignating subsection (d) as subsection (e), and adding a new 
subsection (d) to read as follows:</DELETED>
<DELETED>    ``(d) Emergency Orders.--</DELETED>
        <DELETED>    ``(1) 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 or 
        impose emergency restrictions, prohibitions, recalls, or out-
        of-service orders, without notice or the opportunity for a 
        hearing, but only to the extent necessary to abate the imminent 
        hazard.</DELETED>
        <DELETED>    ``(2) The Secretary's action under paragraph (1) 
        of this subsection shall be in a written order describing the 
        violation, condition or practice that is causing the imminent 
        hazard, and stating the restrictions, prohibitions, recalls, or 
        out-of-service orders issued or imposed. The order also shall 
        describe the standards and procedures for obtaining relief from 
        the emergency order.</DELETED>
        <DELETED>    ``(3) After taking action under paragraph (1) of 
        this subsection, the Secretary shall provide an opportunity for 
        review of that action under section 554 of title 5, if a 
        petition for review is filed within 20 calendar days after 
        issuance of the order.</DELETED>
        <DELETED>    ``(4) If a petition for review is filed and the 
        review is not completed by the end of the 30-day period 
        beginning on the date the petition was filed, the action will 
        cease to be effective at the end of that period unless the 
        Secretary determines in writing that the emergency situation 
        still exists.</DELETED>
        <DELETED>    ``(5) For purposes of this subsection, ``out-of-
        service order'' means a mandate that an aircraft, vessel, motor 
        vehicle, train, railcar, locomotive, other vehicle, transport 
        unit, transport vehicle, freight container, portable tank, or 
        other package not be moved until specified conditions have been 
        met.''</DELETED>
<DELETED>    (c) Security-Sensitive Information.--Section 5121 is 
revised by adding a new subsection (f) to read as follows:</DELETED>
<DELETED>    ``(f) Security-Sensitive Information.--</DELETED>
        <DELETED>    ``(1) If the Secretary determines that particular 
        information may reveal a vulnerability of a hazardous material 
        to attack during transportation in commerce, or may facilitate 
        the diversion of hazardous material during transportation in 
        commerce for use in an attack on people or property, the 
        information may be disclosed only--</DELETED>
                <DELETED>    ``(A) to an owner, custodian, offeror or 
                carrier of the hazardous material;</DELETED>
                <DELETED>    ``(B) to an officer, employee or agent of 
                a Federal, State, or local government, including a 
                volunteer fire department, concerned with carrying out 
                transportation safety laws, protecting hazardous 
                material during the course of transportation in 
                commerce, protecting public safety, or national 
                security issues, or enforcing federal laws designed to 
                protect public health or the environment; or</DELETED>
                <DELETED>    ``(C) in an administrative or judicial 
                proceeding brought under this chapter, under other 
                federal law designed to protect public health or the 
                environment, or one that addresses terrorist actions or 
                threats of such actions.</DELETED>
        <DELETED>    ``(2) The Secretary may make a determination under 
        subsection (1) of this section with respect to a category of 
        information by regulation.</DELETED>
        <DELETED>    ``(3) A release of information pursuant to a 
        determination under subsection (1) of this section is not a 
        release to the public within the meaning of 5 U.S.C. 
        552.''.</DELETED>
<DELETED>    (d) Enhancements to Security Risk Assessment and Emergency 
Preparedness.--Section 5121 is amended by inserting the following after 
subsection (f):</DELETED>
<DELETED>    ``(g) Authority for Grants, Cooperative Agreements, and 
Other Transactions.--The Secretary may enter into grants, cooperative 
agreements, and other transactions with a person, agency or 
instrumentality of the United States, a unit of State or local 
government, an Indian tribe, a foreign government (in coordination with 
the Department of State), an educational institution, or other entity 
to expand the risk assessment and emergency response capability with 
respect to hazardous materials security issues and to carry out this 
chapter.''.</DELETED>
<DELETED>    (e) Cargo Inspection Program.--The Secretary of 
Transportation may randomly inspect cargo at U.S. Customs ports of 
entry in order to determine the extent to which undeclared hazardous 
material is being offered for transportation in commerce. Under this 
program, an officer or employee of the Secretary may open and inspect 
any cargo shipment at a U.S. Customs port of entry if that shipment has 
been randomly selected for inspection by a Department supervisor who is 
not on site. The Department of Transportation shall ensure that random 
inspections under this program are coordinated in advance with the 
Department of Homeland Security and provide for the effective handling 
and disposition of any violations found. The Secretary shall initiate 
such a program within one year after the date of enactment of this 
Act.''</DELETED>

<DELETED>SEC. 7304. ADMINISTRATIVE AUTHORITY FOR TRANSPORTATION SERVICE 
              AND INFRASTRUCTURE ASSURANCE RESEARCH.</DELETED>

<DELETED>    Section 112 of title 49, United States Code, is amended by 
adding the following new subsection to the end:</DELETED>
<DELETED>    ``(f) Administrative Authority.--</DELETED>
        <DELETED>    ``(1) Grants, cooperative agreements, and other 
        transactions.--The Administrator may enter into grants, 
        cooperative agreements, and other transactions with Federal or 
        other public agencies (including State and local governments) 
        and private organizations and other persons to conduct research 
        into transportation service and infrastructure assurance and to 
        carry out research activities of the Administration.</DELETED>
        <DELETED>    ``(2) Prohibition on certain disclosures.--If the 
        Administrator determines that particular information developed 
        in research sponsored by the Administration may reveal a 
        systemic vulnerability of transportation service or 
        infrastructure, the information may be disclosed only to a 
        person responsible for the security of the transportation 
        service or infrastructure or with protecting public safety or 
        to an officer, employee, or agent of a Federal, State or local 
        government unit whose need for the information in the 
        performance of duties is concurred in by the Administrator. A 
        release of information subject to a determination under this 
        section is not a release to the public within the meaning of 5 
        U.S.C. 552.''.</DELETED>

<DELETED>SEC. 7305. POSTAL SERVICE CIVIL PENALTY AUTHORITY.</DELETED>

<DELETED>    (a) Section 3001 of title 39, United States Code, is 
amended by adding a new subsection (o) as follows:</DELETED>
<DELETED>    ``(o)(1) Except as permitted by law and Postal Service 
regulation, hazardous material is nonmailable.</DELETED>
<DELETED>    ``(2) For purposes of this section, the term `hazardous 
material' means a substance or material the Secretary of Transportation 
designates under section 5103(a) of title 49.''.</DELETED>
<DELETED>    (b) Chapter 30 of title 39, United States Code, is amended 
by adding a new section 3018 at the end as follows:</DELETED>
<DELETED>``Sec. 3018. Hazardous material; civil penalty</DELETED>
<DELETED>    ``(a) Regulations.--The Postal Service shall prescribe 
regulations for the safe transportation of hazardous material in the 
mail.</DELETED>
<DELETED>    ``(b) Hazardous Material in the Mail.--No person may--
</DELETED>
        <DELETED>    ``(1) mail or cause to be mailed a hazardous 
        material that has been declared by statute or Postal Service 
        regulation to be nonmailable;</DELETED>
        <DELETED>    ``(2) mail or cause to be mailed a hazardous 
        material in violation of any statute or Postal Service 
        regulation restricting the time, place, or manner in which a 
        hazardous material may be mailed; or</DELETED>
        <DELETED>    ``(3) manufacture, distribute, or sell any 
        container, packaging kit, or similar device that--</DELETED>
                <DELETED>    ``(A) is represented, marked, certified, 
                or sold by such person for use in the mailing of a 
                hazardous material; and</DELETED>
                <DELETED>    ``(B) fails to conform with any statute or 
                Postal Service regulation setting forth standards for a 
                container, packaging kit, or similar device used for 
                the mailing of a hazardous material.</DELETED>
<DELETED>    ``(c) Civil Penalty.--</DELETED>
        <DELETED>    ``(1) A person that knowingly violates this 
        section or a regulation issued under this section is liable to 
        the Postal Service for a civil penalty of at least $250 but not 
        more than $100,000 for each violation, and for any clean-up 
        costs and damages. A person acts knowingly when--</DELETED>
                <DELETED>    ``(A) the person has actual knowledge of 
                the facts giving rise to the violation; or</DELETED>
                <DELETED>    ``(B) a reasonable person acting in the 
                circumstances and exercising reasonable care would have 
                that knowledge.</DELETED>
        <DELETED>    ``(2) Knowledge by the person of the existence of 
        a statutory provision, or a regulation or requirement 
        prescribed by the Postal Service is not an element of an 
        offense under this section.</DELETED>
        <DELETED>    ``(3) A separate violation occurs for each day a 
        hazardous material, mailed or caused to be mailed in 
        noncompliance with this section or a regulation issued under 
        this section, is in the mail.</DELETED>
        <DELETED>    ``(4) A separate violation occurs for each item 
        containing a hazardous material that is mailed or caused to be 
        mailed in noncompliance with this section or a regulation 
        issued under this section.</DELETED>
<DELETED>    ``(d) Hearing Requirement.--The Postal Service may find 
that a person has violated this section or a regulation issued under 
this section only after notice and an opportunity for a hearing. Under 
this section, the Postal Service shall impose a penalty and recover 
clean-up costs and damages by giving the person written notice of the 
amount of the penalty, clean-up costs, and damages.</DELETED>
<DELETED>    ``(e) Penalty Considerations.--In determining the amount 
of a civil penalty under this section, the Postal Service shall 
consider--</DELETED>
        <DELETED>    ``(1) the nature, circumstances, extent, and 
        gravity of the violation;</DELETED>
        <DELETED>    ``(2) with respect to the person who committed the 
        violation, the degree of culpability, any history of prior 
        violations, the ability to pay, and any effect on the ability 
        to continue in business;</DELETED>
        <DELETED>    ``(3) the impact on postal operations; 
        and</DELETED>
        <DELETED>    ``(4) other matters that justice 
        requires.</DELETED>
<DELETED>    ``(f) Civil Actions to Collect.--</DELETED>
        <DELETED>    ``(1) In accordance with section 409(d) of this 
        title, a civil action may be commenced in an appropriate 
        district court of the United States to collect a civil penalty, 
        clean-up costs, or damages assessed under this section. In such 
        action, the validity, amount, and appropriateness of the civil 
        penalty, clean-up costs, or damages shall not be subject to 
        review.</DELETED>
        <DELETED>    ``(2) The Postal Service may compromise the amount 
        of a civil penalty, clean-up costs, or damages assessed under 
        this section before civil action is taken to collect the 
        penalty, costs, or damages.</DELETED>
<DELETED>    ``(g) Civil Judicial Penalties.--At the request of the 
Postal Service, 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 a temporary or permanent 
injunction, punitive damages, and assessment of civil penalties 
considering the same penalty amounts and factors as prescribed for the 
Postal Service in an administrative case under this section.</DELETED>
<DELETED>    ``(h) Depositing Amounts Collected.--Amounts collected 
under this section shall be paid into the Postal Service Fund 
established by section 2003 of this title.''.</DELETED>
<DELETED>    (c) Conforming Amendment.--The chapter analysis for 
chapter 30 of title 39, United States Code, is amended by adding the 
following:</DELETED>

<DELETED>``3018. Hazardous material; civil penalty.''.

<DELETED>SEC. 7306. REGISTRATION.</DELETED>

<DELETED>    (a) In General.--Section 5108 of title 49, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``class A or B explosive'' in 
        subsection (a)(1)(B) and inserting ``Division 1.1, 1.2, or 1.3 
        explosive material''; and</DELETED>
        <DELETED>    (2) by revising subsection (a)(2)(B) to read as 
        follows:</DELETED>
                <DELETED>    ``(B) a person manufacturing, designing, 
                inspecting, testing, reconditioning, marking, or 
                repairing a packaging or packaging component 
                represented as qualified for use in transporting a 
                hazardous material in commerce.''.</DELETED>
<DELETED>    (b) Clarification of Title 18 Exemption.--Section 
845(a)(1) of title 18, United States Code, is amended to read as 
follows:</DELETED>
        <DELETED>    ``(1) aspects of the transportation of explosive 
        materials via railroad, water, highway, or air that pertain to 
        safety, including security, and are regulated by the Department 
        of Transportation or the Department of Homeland 
        Security;''.</DELETED>

<DELETED>SEC. 7307. SHIPPING PAPER RETENTION.</DELETED>

<DELETED>    Section 5110 of title 49, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``under 
        subsection (b) of this section'' and inserting ``by 
        regulation'';</DELETED>
        <DELETED>    (2) by striking subsection (b) and redesignating 
        subsections (c)-(e) as subsections (b)-(d); and</DELETED>
        <DELETED>    (3) by revising the first sentence in subsection 
        (d), as redesignated, to read as follows: ``The person that 
        provided the shipping paper and the carrier required to keep it 
        under this section shall retain the paper, or an electronic 
        image of it, for a period of 3 years after the shipping paper 
        was provided to the carrier, to be accessible through their 
        respective principal places of business.''.</DELETED>

<DELETED>SEC. 7308. PLANNING AND TRAINING GRANTS.</DELETED>

<DELETED>    (a) Section 5116 of title 49, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in the second sentence of subsection (e), by 
        striking ``of the State or tribe under subsections (a)(2)(A) 
        and (b)(2)(A)'' and inserting ``received by the State or tribe 
        under subsections (a)(1) and (b)(1)'';</DELETED>
        <DELETED>    (2) revising subsection (f) to read as 
        follows:</DELETED>
<DELETED>    ``(f) Monitoring and Technical Assistance.--The 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 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 and, for radioactive material, 
the Federal Radiological Preparedness Coordinating 
Committee.'';</DELETED>
        <DELETED>    (3) in subsection (g), by striking ``Government 
        grant'' and inserting ``Federal financial 
        assistance'';</DELETED>
        <DELETED>    (4) by revising subsection (i) to read as 
        follows:</DELETED>
<DELETED>    ``(i) Emergency Preparedness Fund.--The Secretary of the 
Treasury shall establish an Emergency Preparedness Fund account in the 
Treasury into which the Secretary of the Treasury shall deposit amounts 
the Secretary of Transportation transfers to the Secretary of the 
Treasury under section 5108(g)(2)(C) of this title. Without further 
appropriation, amounts in the account are available--</DELETED>
        <DELETED>    ``(1) to make grants under this section;</DELETED>
        <DELETED>    ``(2) to monitor and provide technical assistance 
        under subsection (f) of this section;</DELETED>
        <DELETED>    ``(3) to publish and distribute the Emergency 
        Response Guidebook;</DELETED>
        <DELETED>    ``(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 to carry out these 
        sections may be used to pay those costs.''; and</DELETED>
        <DELETED>    ``(5) by striking subsection (k).''.</DELETED>
<DELETED>    (b) Chapter 51 is amended by--</DELETED>
        <DELETED>    (1) revising the section heading for section 5116 
        to read ``Planning and training grants; emergency preparedness 
        fund''; and</DELETED>
        <DELETED>    (2) striking the item for section 5116 in the 
        analysis of the chapter and inserting ``5116. Planning and 
        training grants; emergency preparedness fund.''.</DELETED>

<DELETED>SEC. 7309. ENFORCEMENT.</DELETED>

<DELETED>    Section 5122 of title 49, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by revising the last 
        sentence to read as follows: ``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 of this chapter.''; 
        and</DELETED>
        <DELETED>    (2) in subparagraph (b)(1)(B), by striking ``or 
        ameliorate the'' and inserting ``or mitigate the''.</DELETED>

<DELETED>SEC. 7310. PENALTIES.</DELETED>

<DELETED>    (a) Section 5123 of title 49, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by revising subsection (a) to read as 
        follows:</DELETED>
<DELETED>    ``(a) Penalty.--</DELETED>
        <DELETED>    ``(1) A person that knowingly violates this 
        chapter, or a 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 $100,000 for each violation.</DELETED>
        <DELETED>    ``(2) Knowledge by the person of the existence of 
        a statutory provision, or a regulation or requirement 
        prescribed by the Secretary is not an element of an offense 
        under this section.</DELETED>
        <DELETED>    ``(3) A separate violation occurs for each day the 
        violation, committed by a person that transports or causes to 
        be transported hazardous material, continues''; and</DELETED>
        <DELETED>    (2) by redesignating subsections (b)-(g) as 
        subsections (c)-(h) and inserting a new subsection (b) to read 
        as follows:</DELETED>
<DELETED>    ``(b) Knowing Violations.--In this section, a person acts 
knowingly when--</DELETED>
        <DELETED>    ``(1) the person has actual knowledge of the facts 
        giving rise to the violation; or-</DELETED>
        <DELETED>    ``(2) a reasonable person acting in the 
        circumstances and exercising reasonable care would have that 
        knowledge.'';</DELETED>
        <DELETED>    (3) in subsection (c), as redesignated, by 
        striking the first sentence and inserting the following: ``The 
        Secretary of Transportation may find that a person has violated 
        this chapter, or a regulation, order, special permit or 
        approval issued under this chapter, only after notice and an 
        opportunity for a hearing.'';</DELETED>
        <DELETED>    (4) by revising subsection (e), as redesignated, 
        to read as follows:</DELETED>
<DELETED>    ``(e) Civil Actions To Collect.--The Attorney General may 
bring a civil action in an appropriate district court of the United 
States to collect a civil penalty under this section and any accrued 
interest on that penalty calculated in the manner described under 
section 2705 of title 33. In such action, the validity, amount, and 
appropriateness of the civil penalty shall not be subject to 
review.''.</DELETED>
<DELETED>    (b) Section 5124 is revised to read as follows:</DELETED>
<DELETED>``Sec. 5124. Criminal penalty</DELETED>
<DELETED>    ``(a) General.--A person knowingly violating section 
5104(b) of this title 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.</DELETED>
<DELETED>    ``(b) Aggravated Violations.--A person knowingly violating 
section 5104(b) of this chapter, or willfully or recklessly violating 
this chapter or a regulation, order, special permit, or approval issued 
under this chapter, and thereby causing the release of a hazardous 
material, shall be fined under title 18, imprisoned for not more than 
20 years, or both.</DELETED>
<DELETED>    ``(c) Knowing Violations.--In this section, a person acts 
knowingly when--</DELETED>
        <DELETED>    ``(1) the person has actual knowledge of the facts 
        giving rise to the violation; or</DELETED>
        <DELETED>    ``(2) a reasonable person acting in the 
        circumstances and exercising reasonable care would have that 
        knowledge.</DELETED>
<DELETED>    ``(d) Willful Violations.--In this section, a person acts 
willfully when--</DELETED>
        <DELETED>    ``(1) the person has knowledge of the facts giving 
        rise to the violation; and</DELETED>
        <DELETED>    ``(2) the person has knowledge that the conduct 
        was unlawful.</DELETED>
<DELETED>    ``(e) Reckless Violations.--In this section, a person acts 
recklessly when the person displays a deliberate indifference or 
conscious disregard for the consequences of that person's 
conduct.</DELETED>
<DELETED>    ``(f) Knowledge of Requirements.--Knowledge by a person of 
the existence of a statutory provision, or a regulation or requirement 
prescribed by the Secretary, is not an element of an offense under this 
section.</DELETED>
<DELETED>    ``(g) Separate Violations.--A separate violation occurs 
for each day the violation, committed by a person who transports 
hazardous material or who causes hazardous material to be transported, 
continues.''.</DELETED>
<DELETED>    (c) Section 46312 is amended--</DELETED>
        <DELETED>    (1) in subparagraph (a), by striking ``under this 
        part'' and inserting ``under this part or under chapter 51 of 
        this title''; and</DELETED>
        <DELETED>    (2) in subparagraph (b), by striking ``by the 
        Secretary'' and inserting ``by the Secretary under this part or 
        under chapter 51 of this title''.</DELETED>
<DELETED>    (d) Section 3663, title 18 United States Code, is amended 
in subparagraph (a)(1)(A) by striking ``or section 46312, 46502, or 
46504 of title 49'' and inserting ``or section 5124, 46312, 46502, or 
46504 of title 49.''.</DELETED>

<DELETED>SEC. 7311 EMERGENCY WAIVER OF PREEMPTION.</DELETED>

<DELETED>    ``Section 5125 of title 49, United States Code, is amended 
by adding new subsections (h), (i), and (j) to read as 
follows:</DELETED>
<DELETED>    ``(h) Emergency Waiver of Preemption.--</DELETED>
        <DELETED>    ``(1) The Secretary, upon a finding of good cause, 
        may waive preemption on an expedited basis without notice and 
        public procedure. Good cause exists when there is a possible 
        threat that hazardous material being transported in commerce 
        may be used in an attack on people or property, and notice and 
        public procedure are impracticable or contrary to the public 
        interest.</DELETED>
        <DELETED>    ``(2) An emergency waiver of preemption shall 
        remain in effect for no more than 6 months unless, prior to its 
        expiration, the Secretary determines that a possible threat 
        that hazardous material being transported in commerce may be 
        used in an attack on people or property continues to 
        exist.</DELETED>
        <DELETED>    ``(3) An action of the Secretary under paragraphs 
        (1) and (2) of this subsection shall be in writing and shall 
        describe the standards and procedures for seeking 
        reconsideration of the Secretary's action.</DELETED>
        <DELETED>    ``(4) After taking action under paragraphs (1) or 
        (2) of this subsection, the Secretary shall provide an 
        opportunity for review of that action if a petition for 
        reconsideration is filed within 20 calendar days after the 
        Secretary issues or extends an emergency waiver.</DELETED>
        <DELETED>    ``(5) If a petition for reconsideration is filed 
        and the review is not completed by the end of the 30-day period 
        beginning on the date the petition was filed, the emergency 
        waiver will cease to be effective at the end of that period 
        unless the Secretary determines, in writing, that a possible 
        threat that hazardous material being transported in commerce 
        may be used in an attack on people or property continues to 
        exist.</DELETED>
<DELETED>    ``(i) Independent Application of Each Standard.--Each 
preemption standard in subsections (b), (c)(1), (d), and (e) of this 
section and in section 5119(b) of this chapter is independent in its 
application to a requirement of any State, political subdivision of a 
State, or Indian tribe.</DELETED>
<DELETED>    ``(j) Nonfederal Enforcement Standards.--This section does 
not apply to procedure, penalty, or required mental state or other 
standard used by a State, political subdivision of a State, or Indian 
tribe to enforce a requirement applicable to transportation of a 
hazardous material.''.</DELETED>

<DELETED>SEC. 7312. JUDICIAL REVIEW.</DELETED>

<DELETED>    Chapter 51 of title 49, United States Code, is amended by 
redesignating section 5127 as section 5128, and by inserting after 
section 5126 the following new section:</DELETED>
<DELETED>``Sec. 5127. Judicial review</DELETED>
<DELETED>    ``(a) Filing and Venue.--Except as provided in section 
20114(c) of this title, a person suffering legal wrong or adversely 
affected or aggrieved by a final action of the Secretary of 
Transportation 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.</DELETED>
<DELETED>    ``(b) Judicial Procedures.--When a petition is filed under 
subsection (a) of this section, 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.</DELETED>
<DELETED>    ``(c) Authority of Court.--The court has exclusive 
jurisdiction, as provided in the Administrative Procedure Act, 5 U.S.C. 
551 et seq., 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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The chapter analysis for 
chapter 51 is amended by striking the item related to section 5127 and 
inserting the following:</DELETED>

<DELETED>``5127. Judicial review.
<DELETED>``5128. Authorization of appropriations.''.

      <DELETED>Subtitle D--Sanitary Food Transportation</DELETED>

<DELETED>SEC. 7401. SHORT TITLE.</DELETED>

<DELETED>    This Subtitle may be cited as the ``Sanitary Food 
Transportation Act of 2003''.</DELETED>

<DELETED>SEC. 7402. RESPONSIBILITIES OF THE SECRETARY OF HEALTH AND 
              HUMAN SERVICES.</DELETED>

<DELETED>    (a) Unsanitary Transport Deemed Adulteration.--Section 402 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended 
by adding at the end the following new subsection:</DELETED>
<DELETED>    ``(i) If it is transported under conditions that are not 
in compliance with the sanitary transportation practices prescribed by 
the Secretary under section 416.''.</DELETED>
<DELETED>    (b) Sanitary Transportation Requirements.--Chapter IV of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is 
amended by adding at the end the following new section:</DELETED>
<DELETED>``Sec. 416. Sanitary transportation of food</DELETED>
<DELETED>    ``(a) Sanitary Transportation Practices.--The Secretary 
shall establish by regulation sanitary transportation practices which 
shippers, carriers, receivers, and other persons engaged in the 
transportation of food shall be required to follow to ensure that the 
food is not transported under conditions that may render it 
adulterated, including such practices as the Secretary may find 
appropriate relating to--</DELETED>
        <DELETED>    ``(1) sanitation;</DELETED>
        <DELETED>    ``(2) packaging, isolation, and other protective 
        measures;</DELETED>
        <DELETED>    ``(3) limitations on the use of 
        vehicles;</DELETED>
        <DELETED>    ``(4) information to be disclosed--</DELETED>
                <DELETED>    ``(A) to a carrier by a person arranging 
                for the transport of food, and</DELETED>
                <DELETED>    ``(B) to a manufacturer or other persons 
                arranging for the transport of food by a carrier or 
                other person furnishing a tank or bulk vehicle for the 
                transport of food; and</DELETED>
        <DELETED>    ``(5) recordkeeping.</DELETED>
<DELETED>    ``(b) List of Unacceptable Nonfood Products.--The 
Secretary, by publication in the Federal Register, may establish and 
periodically amend--</DELETED>
        <DELETED>    ``(1) a list of nonfood products that the 
        Secretary determines may, if shipped in a tank or bulk vehicle, 
        render adulterated food transported subsequently in such 
        vehicle; and</DELETED>
        <DELETED>    ``(2) a list of nonfood products that the 
        Secretary determines may, if shipped in a motor or rail vehicle 
        (other than a tank or bulk vehicle), render adulterated food 
        transported simultaneously or subsequently in such 
        vehicle.</DELETED>
<DELETED>    ``(c) Waiver Authority.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary may waive all or 
        part of this section, or any requirement under this section, 
        with respect to any class of persons, of vehicles, of food, or 
        of nonfood products, if the Secretary determines that such 
        waiver--</DELETED>
                <DELETED>    ``(A) will not result in the 
                transportation of food under conditions that would be 
                unsafe for human or animal health; and</DELETED>
                <DELETED>    ``(B) will not be contrary to the public 
                interest or this Act.</DELETED>
        <DELETED>    ``(2) Publication.--The Secretary shall publish in 
        the Federal Register any waiver and the reasons for the 
        waiver.</DELETED>
<DELETED>    ``(d) Preemption.--</DELETED>
        <DELETED>    ``(1) In general.--No State or political 
        subdivision of a State may directly or indirectly establish or 
        continue in effect, as to any food in interstate commerce, any 
        authority or requirement concerning that transportation of food 
        that is not identical to the requirement of this 
        section.</DELETED>
        <DELETED>    ``(2) Effective Date.--The provisions of this 
        subsection apply only with respect to transportation occurring 
        on or after the effective date of regulations prescribed under 
        subsection (a).</DELETED>
<DELETED>    ``(e) Assistance of Other Agencies.--The Secretary of 
Transportation, the Secretary of Agriculture, the Administrator of 
the Environmental Protection Agency, and the heads of other Federal 
agencies, as appropriate, shall provide assistance upon request, to the 
extent resources are available, to the Secretary of Health and Human 
Services for the purposes of carrying out this section.</DELETED>
<DELETED>    ``(f) Definitions.--For purposes of the section:</DELETED>
        <DELETED>    ``(1) The term `transportation' means any movement 
        of property in commerce by motor vehicle or rail 
        vehicle.</DELETED>
        <DELETED>    ``(2) The term `tank or bulk vehicle' includes any 
        vehicle in which food is shipped in bulk and in which the food 
        comes directly into contact with the vehicle, including tank 
        trucks, hopper trucks, rail tank cars, hopper cars, cargo 
        tanks, portable tanks, freight containers, or hopper 
        bins.''.</DELETED>
<DELETED>    (c) Inspection of Transportation Records.--</DELETED>
        <DELETED>    (1) Requirement.--Chapter VII of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 371 et seq.) is amended by 
        inserting after section 703 the following new 
        section:</DELETED>
<DELETED>``Sec. 703A. Food transportation records</DELETED>
<DELETED>    ``Shippers, carriers by motor vehicle or rail vehicle, and 
other persons subject to section 416 shall, upon request of an officer 
or employee duly designated by the Secretary, permit such officer or 
employee, at reasonable times, to have access to and to copy all 
records that the Secretary requires them to make or retain under 
section 416(a)(5) of this Act.''.</DELETED>
        <DELETED>    (2) Conforming amendment.--Section 703 of the Act 
        (21 U.S.C. 373) is amended by striking ``in the usual course of 
        business as carriers.'' and inserting ``in the usual course of 
        business as carriers, unless otherwise explicitly 
        provided.''.</DELETED>
<DELETED>    (d) Prohibited Acts.--</DELETED>
        <DELETED>    (1) Records inspection.--Section 301(c) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(e)) is 
        amended--</DELETED>
                <DELETED>    (A) by striking ``or 703'' and inserting 
                ``, 703, or 703A''; and</DELETED>
                <DELETED>    (B) by inserting ``416,'' before 
                ``504''.</DELETED>
        <DELETED>    (2) Unsafe food transportation.--Section 301 of 
        the Act (21 U.S.C. 331) is further amended by adding at the end 
        the following new subsection:</DELETED>
<DELETED>    ``(gg) The failure, by a shipper, carrier, receiver, or 
any other person engaged in the transportation of food, to comply with 
the sanitary transportation practices prescribed by the Secretary under 
section 416.''.</DELETED>

<DELETED>SEC. 7403. DEPARTMENT OF TRANSPORTATION 
              REQUIREMENTS.</DELETED>

<DELETED>    Chapter 57 of title 49, relating to sanitary food 
transportation is revised to read as follows:</DELETED>

     <DELETED>``CHAPTER 57--SANITARY FOOD TRANSPORTATION</DELETED>

<DELETED>``Sec.
<DELETED>``5701. Food transportation safety inspections.
<DELETED>``Sec. 5701. Food transportation safety inspections</DELETED>
<DELETED>    ``(a) Inspection Procedures.--</DELETED>
        <DELETED>    ``(1) The Secretary of Transportation, in 
        consultation with the Secretaries of Health and Human Services 
        and Agriculture, shall establish procedures to be used in 
        performing transportation safety inspections for the purpose of 
        identifying suspected incidents of contamination or 
        adulteration of food that may violate regulations issued under 
        section 416 of title 21, United States Code, and of meat and 
        poultry products subject to detention under section 402 of the 
        Federal Meat Inspection Act (21 U.S.C. 672) and section 19 of 
        the Poultry Products Inspection Act (21 U.S.C. 467a), and shall 
        train personnel of the Department of Transportation in the 
        appropriate use of such procedures.</DELETED>
        <DELETED>    ``(2) The procedures established under paragraph 
        (1) of this subsection shall apply, at a minimum, to the 
        Department of Transportation personnel who perform commercial 
        motor vehicle and railroad safety inspections.</DELETED>
<DELETED>    ``(b) Notification of Secretaries of Health and Human 
Services and Agriculture.--The Secretary of Transportation shall 
promptly notify the Secretary of Health and Human Services or the 
Secretary of Agriculture, as applicable, of any instances of potential 
food contamination or adulteration of a food identified during 
transportation safety inspections.</DELETED>
<DELETED>    ``(c) Use of State Employees.--The means by which the 
Secretary of Transportation carries out subsection (b) of this section 
may include inspections conducted by State employees using funds 
authorized to be appropriated under sections 31102 through 31104 of 
this title.''.</DELETED>

<DELETED>SEC. 7404. EFFECTIVE DATE OF THE SUBTITLE.</DELETED>

<DELETED>    Unless otherwise specified, the provisions of this title 
are effective October 1, 2003.</DELETED>

    <DELETED>Subtitle E--Sport Fishing and Boating Safety</DELETED>

<DELETED>SEC. 7501. SPORT FISH RESTORATION ACCOUNT 
              AMENDMENTS.</DELETED>

<DELETED>    (a) In General.--Section 4 of the Act entitled ``An Act to 
provide that the United States shall aid the States in fish restoration 
and management projects, and for other purposes'' (August 9, 1950)(16 
U.S.C. 777c) is amended--</DELETED>
        <DELETED>    (1) in subsection (b),</DELETED>
                <DELETED>    (A) by striking ``2003'' each place it 
                appears and inserting ``2009''; and</DELETED>
                <DELETED>    (B) by striking ``Secretary of 
                Transportation'' each place it appears and inserting 
                ``Secretary of Homeland Security''; and</DELETED>
        <DELETED>    (2) in subsection (c)(5), by striking ``fiscal 
        year 2003'' and inserting ``fiscal years 2003 through 
        2009''.</DELETED>
<DELETED>    (b) Clean Marina Initiatives.--To further enhance the 
natural environment, Federal agencies administering programs funded 
under the Aquatic Resources Trust Fund should promote, to the extent 
practicable, ``Clean Marina Initiatives'' in each of the following 
programs:</DELETED>
        <DELETED>    (1) Clean Vessel Act ``Pumpout'' 
        Program.</DELETED>
        <DELETED>    (2) Boating Infrastructure Grant 
        Program.</DELETED>
        <DELETED>    (3) National Outreach and Communications 
        Program.</DELETED>
        <DELETED>    (4) Recreational Boating Access 
        Facilities.</DELETED>

 <DELETED>TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE 
                      AND BUDGET OFFSETS</DELETED>

<DELETED>SEC. 8101. DISCRETIONARY SPENDING CATEGORIES.</DELETED>

<DELETED>    (a) Definition of Highway Category and Mass Transit 
Category.--</DELETED>
        <DELETED>    (1) Section 250(c)(4)(B) of the Balanced Budget 
        and Emergency Deficit Control Act of 1985 is amended by--
        </DELETED>
                <DELETED>    (A) striking ``Transportation Equity Act 
                for the 21st Century'' and inserting ``Safe, 
                Accountable, Flexible, and Efficient Transportation 
                Equity Act of 2003''; and</DELETED>
                <DELETED>    (B) adding after item (iv) the following 
                new clauses:</DELETED>
                        <DELETED>    ``(v) 69-8158-0-7-401 (Motor 
                        Carrier Safety Grants).</DELETED>
                        <DELETED>    ``(vi) 69-8159-0-7-401 (Motor 
                        Carrier Safety Operations and 
                        Programs).''.</DELETED>
        <DELETED>    (2) Section 250(c)(4)(C) of the Balanced Budget 
        and Emergency Deficit Control Act of 1985 is amended to read as 
        follows:</DELETED>
                <DELETED>    ``(C) The term `mass transit category' 
                refers to the following budget accounts or portions 
                thereof that are subject to the obligation limitations 
                on contract authority provided in the Safe, 
                Accountable, Flexible, and Efficient Transportation 
                Equity Act of 2003 or for which appropriations are 
                provided pursuant to authorizations contained in that 
                Act:</DELETED>
                        <DELETED>    ``(i) 69-1120-0-1-401 
                        (Administrative Expenses).</DELETED>
                        <DELETED>    ``(ii) 69-1134-0-1-401 (Capital 
                        Investment Grants).</DELETED>
                        <DELETED>    ``(iii) 69-8191-0-7-401 
                        (Discretionary Grants).</DELETED>
                        <DELETED>    ``(iv) 69-1129-0-1-401 (Formula 
                        Grants).</DELETED>
                        <DELETED>    ``(v) 69-8303-0-7-401 (Formula 
                        Grants and Research).</DELETED>
                        <DELETED>    ``(vi) 69-1127-0-1-401 (Interstate 
                        Transfer Grants--Transit).</DELETED>
                        <DELETED>    ``(vii) 69-1125-0-1-401 (Job 
                        Access and Reverse Commute).</DELETED>
                        <DELETED>    ``(viii) 69-1122-0-1-401 
                        (Miscellaneous Expired Accounts).</DELETED>
                        <DELETED>    ``(ix) 69-1139-0-1-401 (Major 
                        Capital Investment Grants).</DELETED>
                        <DELETED>    ``(x) 69-1121-0-1-401 (Research, 
                        Training and Human Resources).</DELETED>
                        <DELETED>    ``(xi) 69-8350-0-7-401 (Trust Fund 
                        Share of Expenses).</DELETED>
                        <DELETED>    ``(xii) 69-1137-0-1-401 (Transit 
                        Planning and Research).</DELETED>
                        <DELETED>    ``(xiii) 69-1136-0-1-401 
                        (University Transportation Research).</DELETED>
                        <DELETED>    ``(xiv) 69-1128-0-1-401 
                        (Washington Metropolitan Area Transit 
                        Authority).''.</DELETED>
<DELETED>    (b) Continuation of Separate Categories.--Section 251(c) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 is 
amended by adding at the end the following new paragraphs:</DELETED>
        <DELETED>    ``(8) with respect to fiscal year 2004--</DELETED>
                <DELETED>    ``(A) for the highway category: 
                $29,990,000,000 in outlays; and</DELETED>
                <DELETED>    ``(B) for the mass transit category: 
                $6,909,000,000 in outlays.</DELETED>
        <DELETED>    ``(9) with respect to fiscal year 2005--</DELETED>
                <DELETED>    ``(A) for the highway category: 
                $30,589,000,000 in outlays; and</DELETED>
                <DELETED>    ``(B) for the mass transit category: 
                $6,462,000,000 in outlays.</DELETED>
        <DELETED>    ``(10) with respect to fiscal year 2006--
        </DELETED>
                <DELETED>    ``(A) for the highway category: 
                $31,249,000,000 in outlays; and</DELETED>
                <DELETED>    ``(B) for the mass transit category: 
                $6,070,000,000 in outlays.</DELETED>
        <DELETED>     ``(11) with respect to fiscal year 2007--
        </DELETED>
                <DELETED>    ``(A) for the highway category: 
                $32,402,000,000 in outlays; and</DELETED>
                <DELETED>    ``(B) for the mass transit category: 
                $5,843,000,000 in outlays.</DELETED>
        <DELETED>     ``(12) with respect to fiscal year 2008--
        </DELETED>
                <DELETED>    ``(A) for the highway category: 
                $33,358,000,000 in outlays; and</DELETED>
                <DELETED>    ``(B) for the mass transit category: 
                $6,374,000,000 in outlays.</DELETED>
        <DELETED>    ``(13) with respect to fiscal year 2009--
        </DELETED>
                <DELETED>    ``(A) for the highway category: 
                $34,109,000,000 in outlays; and</DELETED>
                <DELETED>    ``(B) for the mass transit category: 
                $6,470,000,000 in outlays.''.</DELETED>
<DELETED>    (c) Highway Funding Revenue Alignment.--Section 
251(b)(1)(B) of the Balanced Budget and Emergency Deficit Control Act 
of 1985 (2 U.S.C. 901(b)(1)(B)) is amended--</DELETED>
        <DELETED>    (1) in clause (i),</DELETED>
                <DELETED>    (A) by inserting ``for fiscal year 2006, 
                2007, 2008, or 2009'' after ``submits the 
                budget'';</DELETED>
                <DELETED>    (B) by inserting ``the obligation 
                limitation and outlay limit for'' after ``adjustments 
                to'';</DELETED>
                <DELETED>    (C) by striking ``provided in clause 
                (ii)(I)(cc).'' and substituting ``follows:''; 
                and</DELETED>
                <DELETED>    (D) by inserting the following at the 
                end:</DELETED>
                                <DELETED>    ``(I) OMB shall calculate 
                                the change in the obligation limitation 
                                for the highway category for the budget 
                                year by taking the actual level of 
                                highway receipts for the year before 
                                the current year and subtracting the 
                                sum of the estimated level of highway 
                                receipts in clause (iii) plus any 
                                amount previously calculated under 
                                clause (ii) for that year.</DELETED>
                                <DELETED>    ``(II) OMB shall take the 
                                amount calculated under subclause (I) 
                                and add that amount to the obligation 
                                limitation set forth in section 8102(a) 
                                of the Safe, Accountable, Flexible, and 
                                Efficient Transportation Equity Act of 
                                2003 for the highway category for the 
                                budget year, and calculate the outlay 
                                change resulting from that change in 
                                obligations relative to that amount for 
                                the budget year and each outyear using 
                                current estimates. After making the 
                                calculation under the preceding 
                                sentence, OMB shall adjust the 
                                obligation limitation set forth in that 
                                section for the budget year by adding 
                                the amount calculated under subclause 
                                (I).'';</DELETED>
        <DELETED>    (2) by striking clause (ii) and substituting the 
        following:</DELETED>
                        <DELETED>    ``(ii) When the President submits 
                        the supplementary budget estimates for fiscal 
                        year 2006, 2007, 2008, or 2009, under section 
                        1106 of title 31, United States Code, OMB's 
                        Mid-Session Review shall include adjustments to 
                        the obligation limitation and outlay limit for 
                        the highway category for the budget year and 
                        each outyear as follows:</DELETED>
                                <DELETED>    ``(I) OMB shall take the 
                                current estimate of highway receipts 
                                for the current year and subtract the 
                                estimated level of highway receipts in 
                                clause (iii) for that year.</DELETED>
                                <DELETED>    ``(II) OMB shall take the 
                                amount calculated under subclause (I) 
                                and add that amount to the amount of 
                                obligations set forth in section 8102 
                                of the Safe, Accountable, Flexible, and 
                                Efficient Transportation Equity Act of 
                                2003 for the highway category for the 
                                budget year, and calculate the outlay 
                                change resulting from that change in 
                                obligations relative to that amount for 
                                the budget year and each outyear using 
                                current estimates. After making the 
                                calculation under the preceding 
                                sentence, OMB shall adjust the amount 
                                of obligations set forth in that 
                                section for the budget year by adding 
                                the amount calculated under subclause 
                                (I).''; and</DELETED>
        <DELETED>    (3) by inserting the following at the 
        end:</DELETED>
                        <DELETED>    ``(iii) The estimated level of 
                        highway receipts for the purposes of this 
                        subparagraph are--</DELETED>
                                <DELETED>    ``(I) for fiscal year 
                                2004, $30,119,000,000;</DELETED>
                                <DELETED>    ``(II) for fiscal year 
                                2005, $31,109,000,000;</DELETED>
                                <DELETED>    ``(III) for fiscal year 
                                2006, $32,191,000,000;</DELETED>
                                <DELETED>    ``(IV) for fiscal year 
                                2007, $33,146,000,000;</DELETED>
                                <DELETED>    ``(V) for fiscal year 
                                2008, $34,018,000,000; and</DELETED>
                                <DELETED>    ``(VI) for fiscal year 
                                2009, $34,844,000,000.</DELETED>
                        <DELETED>    ``(iv) In this subparagraph, the 
                        term ``highway receipts'' means the 
                        governmental receipts credited to the highway 
                        account of the Highway Trust Fund.''.</DELETED>
<DELETED>    (d) Transit Funding Revenue Alignment.--Section 
251(b)(1)(C) of the Balanced Budget and Emergency Deficit Control Act 
of 1985 (2 U.S.C. 901(b)(1)(C)) is amended to read as 
follows:</DELETED>
                <DELETED>    ``(C) Adjustment to align mass transit 
                spending with revenues.--</DELETED>
                        <DELETED>    ``(i) When the President submits 
                        the budget for fiscal year 2006, 2007, 2008, or 
                        2009, under section 1105 of title 31, United 
                        States Code, OMB shall calculate and the budget 
                        shall include adjustments to the obligation 
                        limitation and outlay limit for the mass 
                        transit category for the budget year and each 
                        outyear as follows:</DELETED>
                                <DELETED>    ``(I) OMB shall calculate 
                                the change in the obligation limitation 
                                for the mass transit category for the 
                                budget year by taking the actual level 
                                of mass transit receipts for the year 
                                before the current year and subtract 
                                the sum of the estimated level of mass 
                                transit receipts in clause (iii) plus 
                                any amount previously calculated under 
                                clause (ii) for that year.</DELETED>
                                <DELETED>    ``(II) OMB shall take the 
                                amount calculated under subclause (I) 
                                and add that amount to the amount of 
                                obligation limitation set forth in 
                                section 8102 of the Safe, Accountable, 
                                Flexible, and Efficient Transportation 
                                Equity Act of 2003 for the mass transit 
                                category for the budget year, and 
                                calculate the outlay change resulting 
                                from that change in obligations 
                                relative to that amount for the budget 
                                year and each outyear using current 
                                estimates. After making the calculation 
                                under the preceding sentence, OMB shall 
                                adjust the obligation limitation set 
                                forth in that section for the budget 
                                year by adding the amount calculated 
                                under subclause (I).</DELETED>
                        <DELETED>    ``(ii) When the President submits 
                        the supplementary budget estimates for fiscal 
                        year 2006, 2007, 2008, or 2009, under section 
                        1106 of title 31, United States Code, OMB's 
                        Mid-Session Review shall include adjustments to 
                        the obligation limitation and outlay limit for 
                        the mass transit category for the budget year 
                        and each outyear as follows:</DELETED>
                                <DELETED>    ``(I) OMB shall take the 
                                current estimate of mass transit 
                                receipts for the current year and 
                                subtract the estimated level of mass 
                                transit receipts in clause (iii) for 
                                that year.</DELETED>
                                <DELETED>    ``(II) OMB shall take the 
                                amount calculated under subclause (I) 
                                and add that amount to the obligation 
                                limitation set forth in section 8102 of 
                                the Safe, Accountable, Flexible, and 
                                Efficient Transportation Equity Act of 
                                2003 for the mass transit category for 
                                the budget year, and calculate the 
                                outlay change resulting from that 
                                change in obligations relative to that 
                                amount for the budget year and each 
                                outyear using current estimates. After 
                                making the calculation under the 
                                preceding sentence, OMB shall adjust 
                                the obligation limitation set forth in 
                                that section for the budget year by 
                                adding the amount calculated under 
                                subclause (I).</DELETED>
                        <DELETED>    ``(iii) The estimated level of 
                        mass transit receipts for the purposes of this 
                        subparagraph are--</DELETED>
                                <DELETED>    ``(I) for fiscal year 
                                2004, $4,793,000,000;</DELETED>
                                <DELETED>    ``(II) for fiscal year 
                                2005, $4,926,000,000;</DELETED>
                                <DELETED>    ``(III) for fiscal year 
                                2006, $5,050,000,000;</DELETED>
                                <DELETED>    ``(IV) for fiscal year 
                                2007, $5,164,000,000;</DELETED>
                                <DELETED>    ``(V) for fiscal year 
                                2008, $5,270,000,000; and</DELETED>
                                <DELETED>    ``(VI) for fiscal year 
                                2009, $5,377,000,000.</DELETED>
                        <DELETED>    ``(iv) In this subparagraph, the 
                        term ``mass transit receipts'' means the 
                        governmental receipts credited to the Mass 
                        Transit Account of the Highway Trust 
                        Fund.''.</DELETED>
<DELETED>    (e) Additional Adjustments.--Section 251(b)(1) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
901(b)(1)) is further amended--</DELETED>
        <DELETED>    (1) by redesignating subparagraphs (D) and (E) as 
        subparagraphs (E) and (F), respectively;</DELETED>
        <DELETED>    (2) in subparagraph (E)(i) as redesignated--
        </DELETED>
                <DELETED>    (A) by striking ``1999'' and substituting 
                ``2005;</DELETED>
                <DELETED>    (B) by striking ``2000'' and substituting 
                ``2006'';</DELETED>
                <DELETED>    (C) by striking ``2003'' and substituting 
                ``2009; and</DELETED>
                <DELETED>    (D) by striking ``section 8103 of the 
                Transportation Equity Act for the 21st Century'' and 
                substituting ``section 8102 of the Safe, Accountable, 
                Flexible, and Efficient Transportation Equity Act of 
                2003'';</DELETED>
        <DELETED>    (3) in subparagraph (E)(ii) as redesignated--
        </DELETED>
                <DELETED>    (A) by striking ``2000, 2001, 2002, or 
                2003'' and substituting ``2006, 2007, 2008, and 2009; 
                and</DELETED>
                <DELETED>    (B) by striking ``by subparagraphs (B) and 
                (C)'' and substituting ``made by subparagraphs (B), 
                (C), and (D)'';</DELETED>
        <DELETED>    (4) in subparagraph (F) as redesignated, by 
        striking ``(B) and (C)'' and substituting ``(B), (C), and 
        (D)''; and</DELETED>
        <DELETED>    (5) by inserting the following after subparagraph 
        (C):</DELETED>
                <DELETED>    ``(D) In addition to the adjustments 
                required by subparagraphs (B) and (C), when the 
                President submits the budget for fiscal year 2006, 
                2007, 2008, or 2009, under section 1105 of title 31, 
                United States Code, OMB shall calculate and the budget 
                shall include for the budget year and each outyear an 
                adjustment to the limits on outlays for the highway 
                category and the mass transit category equal to--
                </DELETED>
                        <DELETED>    ``(i) the outlays for the 
                        applicable category calculated assuming 
                        obligation levels consistent with the estimates 
                        prepared pursuant to subparagraph (E), as 
                        adjusted, using current technical assumptions; 
                        minus</DELETED>
                        <DELETED>    ``(ii) the outlays for the 
                        applicable category set forth in the 
                        subparagraph (E) estimates, as 
                        adjusted.''.</DELETED>
<DELETED>    (f) Enforcement of Guarantee.--Rule XXI of the Rules of 
the House of Representatives is amended by striking ``section 8103 of 
the Transportation Equity Act for the 21st Century'' in clause 3 and 
substituting ``section 8102 of the Safe, Accountable, Flexible, and 
Efficient Transportation Equity Act of 2003''.</DELETED>

<DELETED>SEC. 8102. LEVEL OF OBLIGATION LIMITATIONS.</DELETED>

<DELETED>    (a) Highway Category.--For the purposes of section 251(b) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, the 
level of obligation limitations for the highway category is--</DELETED>
        <DELETED>    (1) for fiscal year 2004, 
        $30,280,000,000;</DELETED>
        <DELETED>    (2) for fiscal year 2005, 
        $31,270,000,000;</DELETED>
        <DELETED>    (3) for fiscal year 2006, 
        $32,352,000,000;</DELETED>
        <DELETED>    (4) for fiscal year 2007, 
        $33,307,000,000;</DELETED>
        <DELETED>    (5) for fiscal year 2008, $34,179,000,000; 
        and</DELETED>
        <DELETED>    (6) for fiscal year 2009, 
        $35,005,000,000.</DELETED>
<DELETED>    (b) Mass Transit Category.--</DELETED>
        <DELETED>    (1) For the purposes of section 251(b) of the 
        Balanced Budget and Emergency Deficit Control Act of 1985, the 
        level of obligation limitations for the mass transit category 
        is--</DELETED>
                <DELETED>    (A) for fiscal year 2004, 
                $5,936,000,000;</DELETED>
                <DELETED>    (B) for fiscal year 2005, 
                $6,054,720,000;</DELETED>
                <DELETED>    (C) for fiscal year 2006, 
                $6,180,659,000;</DELETED>
                <DELETED>    (D) for fiscal year 2007, 
                $6,319,723,000;</DELETED>
                <DELETED>    (E) for fiscal year 2008, $6,475,820,000; 
                and</DELETED>
                <DELETED>    (F) for fiscal year 2009, 
                $6,633,183,000.</DELETED>
        <DELETED>    (2) For purposes of this subsection, the term 
        ``obligation limitations'' means the sum of budget authority 
        and obligation limitations.</DELETED>

<DELETED>SEC. 8103. EFFECTIVENESS OF TITLE.</DELETED>

<DELETED>    This title, and the amendments made by this title, become 
effective on the day that section 251 of the Balanced Budget and 
Emergency Deficit Control Act of 1985 comes into effect after the 
enactment of this Act.</DELETED>

       <DELETED>TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 
                             1986</DELETED>

<DELETED>SEC. 9001. SHORT TITLE; AMENDMENT OF 1986 CODE.</DELETED>

<DELETED>    (a) Short Title.--This title may be cited as the ''Surface 
Transportation Revenue Act of 2004''.</DELETED>
<DELETED>    (b) Amendment of 1986 Code.--Except as otherwise expressly 
provided, whenever in this title an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Internal Revenue Code of 1986.</DELETED>

<DELETED>SEC. 9002. EXTENSION OF HIGHWAY-RELATED TAXES AND 
              TRUSTFUND.</DELETED>

<DELETED>    (a) Extension of Taxes.--</DELETED>
        <DELETED>    (1) In general.--The following provisions are each 
        amended by striking ``2005'' each place it appears and 
        inserting ``2011'':</DELETED>
                <DELETED>    (A) Section 4041(a)(1)(C)(iii)(I) 
                (relating to rate of tax on certain buses).</DELETED>
                <DELETED>    (B) Section 4041(a)(2)(B) (relating to 
                rate of tax on special motor fuels).</DELETED>
                <DELETED>    (C) Section 4041(m)(1)(A) (relating to 
                certain alcohol fuels).</DELETED>
                <DELETED>    (D) Section 4051(c) (relating to 
                termination of tax on heavy trucks and 
                trailers).</DELETED>
                <DELETED>    (E) Section 4071(d) (relating to 
                termination of tax on tires).</DELETED>
                <DELETED>    (F) Section 4081(d)(1) (relating to 
                termination of tax on gasoline, diesel fuel, and 
                kerosene).</DELETED>
                <DELETED>    (G) Section 4481(e) (relating to period 
                tax in effect).</DELETED>
                <DELETED>    (H) Section 4482(c)(4) (relating to 
                taxable period).</DELETED>
                <DELETED>    (I) Section 4482(d) (relating to special 
                rule for taxable period in which termination date 
                occurs).</DELETED>
        <DELETED>    (2) Floor stocks refunds.--Section 6412(a)(1) 
        (relating to floor stocks refunds) is amended--</DELETED>
                <DELETED>    (A) by striking ``2005'' each place it 
                appears and inserting ``2011'', and</DELETED>
                <DELETED>    (B) by striking ``2006'' each place it 
                appears and inserting ``2012''.</DELETED>
<DELETED>    (b) Extension of Certain Exemptions.--The following 
provisions are each amended by striking ``2005'' and inserting 
``2011'':</DELETED>
        <DELETED>    (1) Section 4221(a) (relating to certain tax-free 
        sales).</DELETED>
        <DELETED>    (2) Section 4483(g) (relating to termination of 
        exemptions for highway use tax).</DELETED>
<DELETED>    (c) Extension of Deposits Into, and Certain Transfers 
From, Trust Fund.--Subsections (b), (c)(2), and (c)(3) of section 9503 
(relating to the Highway Trust Fund) are amended--</DELETED>
        <DELETED>    (1) by striking ``2005'' each place it appears and 
        inserting ``2011'', and</DELETED>
        <DELETED>    (2) by striking ``2006'' each place it appears and 
        inserting ``2012''.</DELETED>
<DELETED>    (d) Extension and Expansion of Expenditures From Trust 
Fund.--</DELETED>
        <DELETED>    (1) Highway account.--Section 9503 is amended by 
        striking subsection (c)(1) and inserting the 
        following:</DELETED>
        <DELETED>    ``(1) Federal-aid highway and safety programs.--
        Except as provided in subsection (e), amounts in the Highway 
        Trust Fund shall be available, as provided by appropriation 
        Acts, for making expenditures authorized by law to be paid out 
        of the Highway Trust Fund before October 1, 2011, to meet those 
        obligations of the United States heretofore or hereafter 
        incurred under the following Acts, as in effect on the date of 
        enactment of the last Act listed:</DELETED>
                <DELETED>    ``(A) The Highway Revenue Act of 
                1956.</DELETED>
                <DELETED>    ``(B) The Surface Transportation 
                Assistance Act of 1982.</DELETED>
                <DELETED>    ``(C) The Surface Transportation and 
                Uniform Relocation Assistance Act of 1987.</DELETED>
                <DELETED>    ``(D) The Intermodal Surface 
                Transportation Efficiency Act of 1991.</DELETED>
                <DELETED>    ``(E) The Transportation Equity Act for 
                the 21st Century.</DELETED>
                <DELETED>    ``(F) The Motor Carrier Safety Improvement 
                Act of 1999.</DELETED>
                <DELETED>    ``(G) The Safe, Accountable, Flexible, and 
                Efficient Transportation Equity Act of 
                2003.''.</DELETED>
        <DELETED>    (2) Mass transit account.--Section 9503(e)(3) is 
        amended to read as follows:</DELETED>
        <DELETED>    ``(3) Expenditures from account.--Amounts in the 
        Mass Transit Account shall be available, as provided by 
        appropriation Acts, for making capital or capital-related 
        expenditures before October 1, 2011 (including capital 
        expenditures for new projects) in accordance with the following 
        Acts and provisions of law, as in effect on the date of 
        enactment of the last Act listed:</DELETED>
                <DELETED>    ``(A) Section 5338(a)(1) or (b)(1) of 
                title 49.</DELETED>
                <DELETED>    ``(B) The Intermodal Surface 
                Transportation Efficiency Act of 1991.</DELETED>
                <DELETED>    ``(C) The Transportation Equity Act for 
                the 21st Century.</DELETED>
                <DELETED>    ``(D) The Safe, Accountable, Flexible, and 
                Efficient Transportation Equity Act of 
                2003.''.</DELETED>

<DELETED>SEC. 9003. EXTENSION OF TAX BENEFITS FOR ALCOHOL 
              FUELS.</DELETED>

<DELETED>    (a) Extension of Tax Benefits.--</DELETED>
        <DELETED>    (1) Extension.--The following provisions are each 
        amended by striking ``2007'' each place it appears and 
        inserting ``2014'':</DELETED>
                <DELETED>    (A) Section 4041(b)(2)(C)(ii) and (D) 
                (relating to termination of reduction in tax for 
                qualified methanol and ethanol fuel).</DELETED>
                <DELETED>    (B) Section 4041(k)(3) (relating to 
                termination of rates relating to fuels containing 
                alcohol).</DELETED>
                <DELETED>    (C) Section 4081(c)(8) (relating to 
                termination of special rate for taxable fuels mixed 
                with alcohol).</DELETED>
                <DELETED>    (D) Section 4091(c)(5) (relating to 
                termination of reduced rate of tax for aviation fuel in 
                alcohol mixture, etc.).</DELETED>
                <DELETED>    (E) Section 40(h) (relating to termination 
                of credit for ethanol blenders).</DELETED>
        <DELETED>    (2) Extension of refund authority.--Paragraph (4) 
        of section 6427(f) (relating to refund for gasoline, diesel 
        fuel, and aviation fuel used to produce certain alcohol fuels), 
        as amended by the Taxpayer Relief Act of 1997, is amended by 
        striking ``2007'' and inserting ``2012''.</DELETED>
        <DELETED>    (3) Credit for alcohol used as a fuel.--Paragraph 
        (1) of section 40(e) (relating to termination of credit for 
        alcohol used as a fuel) is amended--</DELETED>
                <DELETED>    (A) by striking ``December 31, 2007'' in 
                subparagraph (A) and inserting ``December 31, 2014'', 
                and</DELETED>
                <DELETED>    (B) by striking ``January 1, 2008'' and 
                inserting ``January 1, 2015''.</DELETED>
        <DELETED>    (4) Tariff schedule.--Headings 9901.00.50 and 
        9901.00.52 of the Harmonized Tariff Schedule of the United 
        States (19 U.S.C. 3007) are each amended in the effective 
        period column by striking ``10/1/2007'' each place it appears 
        and inserting ``10/1/2014''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (1) Amount of reduced credit for ethanol 
        blenders.--The table in paragraph (2) of 40(h) is amended by 
        striking ``2005, 2006, or 2007'' and inserting ``2005 through 
        2014''.</DELETED>
        <DELETED>    (2) Applicable blender rate for exempted qualified 
        methanol and ethanol fuel.--Section 4041(b)(2)(C) is amended by 
        striking ``2001'' and inserting ``2008''.</DELETED>

<DELETED>SEC. 9004. PRIVATE ACTIVITY BONDS FOR SURFACE TRANSPORTATION 
              INFRASTRUCTURE.</DELETED>

<DELETED>    (a)  Exempt Facility Bonds.--Section 142 is amended--
</DELETED>
        <DELETED>    (1) in subsection (a) by--</DELETED>
                <DELETED>    (A) striking ``or'' at the end of 
                paragraph (12);</DELETED>
                <DELETED>    (B) striking the period at the end of 
                paragraph (13) and inserting a comma; and</DELETED>
                <DELETED>    (C) adding after paragraph (13) the 
                following new paragraphs:</DELETED>
        <DELETED>    ``(14) highway facilities, or</DELETED>
        <DELETED>    ``(15) surface freight transfer facilities.''; 
        and</DELETED>
        <DELETED>    (2) by adding new subsections (l), (m), and (n) at 
        the end, as follows:</DELETED>
<DELETED>    ``(l) Highway Facilities.--For purposes of subsection 
(a)(14), the term `highway facilities' means--</DELETED>
        <DELETED>    ``(1) a surface transportation project eligible 
        for Federal assistance under title 23, United States Code (as 
        in effect on the date of enactment of this subsection), 
        or</DELETED>
        <DELETED>    ``(2) a project for an international bridge or 
        tunnel for which an international entity authorized under 
        Federal or State law is responsible.</DELETED>
<DELETED>    ``(m) Surface Freight Transfer Facilities.--For purposes 
of subsection (a)(15), the term ``surface freight transfer facilities'' 
means facilities for the transfer of freight from truck to rail or rail 
to truck (including any temporary storage facilities directly related 
to such transfers).</DELETED>
<DELETED>    ``(n) Aggregate Face Amount of Tax-Exempt Financing for 
Highway Facilities and Surface Freight Transfer Facilities.</DELETED>
        <DELETED>    ``(1) In general.--The aggregate face amount of 
        bonds issued pursuant to subsections (a)(14) (relating to 
        highway facilities) and (a)(15) (relating to surface freight 
        transfer facilities) shall not exceed $15,000,000,000, 
        determined without regard to any bond the proceeds of which are 
        used exclusively to refund a bond issued pursuant to either of 
        such subsections (or a bond which is a part of a series of 
        refundings of a bond so issued) if the amount of the refunding 
        bond does not exceed the outstanding amount of the refunded 
        bond.</DELETED>
        <DELETED>    ``(2) Allocation.--The Secretary of Transportation 
        shall allocate the amount described in paragraph (1) among 
        eligible projects satisfying the requirements of subsection 
        (a)(14) or (a)(15).''.</DELETED>
<DELETED>    (b) Volume Cap, Exception for Certain Bonds.--Section 
146(g) is amended in paragraph (3), by--</DELETED>
        <DELETED>    (1) striking ``(12), or (13)'' and inserting 
        ``(12), (13), (14), or (15)''; and</DELETED>
        <DELETED>    (2) striking ``and qualified public educational 
        facilities'' and inserting ``qualified public educational 
        facilities, highway facilities, and surface freight transfer 
        facilities''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall apply to bonds issued after the date of the enactment of this 
Act.</DELETED>

<DELETED>SEC. 9005. ALL ALCOHOL FUEL TAXES TRANSFERRED TO HIGHWAY TRUST 
              FUND.</DELETED>

<DELETED>    (a) In General.--Section 9503(b)(4) (relating to certain 
taxes not transferred to Highway Trust Fund) is amended--</DELETED>
        <DELETED>    (1) by adding ``or'' at the end of subparagraph 
        (C);</DELETED>
        <DELETED>    (2) in subparagraph (D)(iii), by striking ``, 
        and'' after ``2005'' and inserting a period; and</DELETED>
        <DELETED>    (3) by striking subparagraphs (E) and 
        (F).</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by this section 
shall apply to taxes imposed after September 30, 2003.</DELETED>

<DELETED>SEC. 9006. TRANSFER FROM HIGHWAY TRUST FUND TO BOAT SAFETY 
              ACCOUNT.</DELETED>

<DELETED>    (a) In General.--Section 9503(c)(4)(A) is amended by 
striking ``2005'' and inserting ``2011''.</DELETED>
<DELETED>    (b) Conforming Amendments to Land and Water Conservation 
Fund.--Section 201(b) of the Land and Water Conservation Fund Act of 
1965 (16 U.S.C. 460l-11(b)) is amended--</DELETED>
        <DELETED>    (1) by striking ``2003'' and inserting ``2009'', 
        and</DELETED>
        <DELETED>    (2) by striking ``2004'' each place it appears and 
        inserting ``2010''.</DELETED>
<DELETED>    (c) Technical Correction to Homeland Security Act.--
Section 1511(e)(2) of the Homeland Security Act of 2002 (Public Law No. 
107-296) is amended by striking ``and to any funds provided to the 
Coast Guard from the Aquatic Resources Trust Fund of the Highway Trust 
Fund for boating safety programs'', and inserting ``and any funds 
provided to the Coast Guard from the Highway Trust Fund and transferred 
into the Boat Safety Account of the Aquatic Resources Trust Fund for 
boating safety programs.''.</DELETED>
<DELETED>    (d) Expenditures From Boat Safety Account.--Section 
9504(c) is amended by striking ``2003'' and inserting 
``2009''.</DELETED>

<DELETED>SEC. 9007. EXTENSION OF SMALL-ENGINE FUEL TAXES TRANSFERRED TO 
              SPORT FISH RESTORATION ACCOUNT.</DELETED>

<DELETED>    Section 9503(c)(5)(A) is amended by striking the year 
``2005'' and inserting ``2011''.</DELETED>

<DELETED>SEC. 9008. TECHNICAL CORRECTION.</DELETED>

<DELETED>    The last sentence of paragraph (2) of section 9504(b) is 
amended by striking ``subparagraph (B)'', and inserting ``subparagraph 
(C)''.</DELETED>

<DELETED>SEC. 9009. TRANSFER BY REGISTERED PIPELINE, VESSEL, OR BARGE 
              REQUIRED FOR FUEL TAX EXEMPTION OF BULK TRANSFERS TO 
              REGISTERED TERMINALS OR REFINERIES; DISPLAY OF 
              REGISTRATION REQUIREMENT.</DELETED>

<DELETED>    (a) In General.--Section 4081(a)(1)(B) (relating to 
exemption for bulk transfers to registered terminals or refineries) is 
amended by inserting ``, bulk carrier,'' after ``the taxable 
fuel''.</DELETED>
<DELETED>    (b) Civil Penalty for Carrying Taxable Fuels by 
Nonregistered Pipelines or Vessels.--</DELETED>
        <DELETED>    (1) In general.--Part II of subchapter B of 
        chapter 68 (relating to assessable penalties) is amended by 
        adding at the end the following new section:</DELETED>
<DELETED>``Sec. 6717. Failure to register under section 4101</DELETED>
<DELETED>    ``(a) Failure To Register.--Any person who fails to 
register with the Secretary as required by regulations under section 
4101 shall pay a penalty of $1,000 for each day during the period of 
such failure in which such person engages in an activity for which 
registration is required.</DELETED>
<DELETED>    ``(b) Joint and Several Liability.--</DELETED>
        <DELETED>    ``(1) In general.--If a penalty is imposed under 
        this section on any business entity, each officer, employee, or 
        agent of such entity or other contracting party who willfully 
        participated in any act giving rise to such penalty shall be 
        jointly and severally liable with such entity for such 
        penalty.</DELETED>
        <DELETED>    ``(2) Affiliated groups.--If a business entity 
        described in paragraph (1) is part of an affiliated group (as 
        defined in section 1504(a)), the parent corporation of such 
entity shall be jointly and severally liable with such entity for the 
penalty imposed under this section.''.</DELETED>
        <DELETED>    (2) Conforming amendment.--The table of sections 
        for part II of subchapter B of chapter 68 is amended by adding 
        at the end the following new item:</DELETED>

<DELETED>``6717. Failure to register under section 4101.''.
<DELETED>    (c) Display of Registration.--</DELETED>
        <DELETED>    (1) In general.--Section 4101 (relating to 
        registration and bond) is amended by adding at the end the 
        following new subsection:</DELETED>
<DELETED>    ``(e) Display of Registration.--Every vessel operator 
required by the Secretary to register under this section with respect 
to the tax imposed by section 4081 shall display proof of such 
registration in such manner as the Secretary may 
prescribe.''.</DELETED>
        <DELETED>    (2) Civil penalty for failure to display 
        registration.--</DELETED>
                <DELETED>    (A) In general.--Part II of subchapter B 
                of chapter 68 (relating to assessable penalties) is 
                amended by adding at the end the following new 
                section:</DELETED>
<DELETED>``Sec. 6718. Failure to display proof of registration by 
              vessels or barges</DELETED>
<DELETED>    ``(a) Failure To Display Proof of Registration.--Every 
vessel operator who fails to display proof of registration when 
required to do so pursuant to section 4101(e) shall pay a penalty of 
$500 for each such failure. With respect to any vessel, only one 
penalty shall be imposed by this section during any calendar 
month.</DELETED>
<DELETED>    ``(b) Multiple Violations.--In determining the penalty 
under subsection (a) on any person or operator, subsection (a) shall be 
applied by increasing the amount imposed in subsection (a) by the 
product of such amount and the number of prior penalties (if any) 
imposed by this section on such person (or a related person or any 
predecessor of such person or related person).''.</DELETED>
                <DELETED>    (B) Conforming Amendment.--The table of 
                sections for part II of subchapter B of chapter 68 is 
                amended by adding at the end the following new 
                item:</DELETED>

<DELETED>``6718. Failure to display proof of registration by vessels or 
                            barges.''.
<DELETED>    (d) Effective Date.--The amendments made by this section 
shall take effect 90 days after the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 9010. RETURNS FILED ELECTRONICALLY.</DELETED>

<DELETED>    (a) Information Reporting.--Section 4101(d) (relating to 
information reporting) is amended to read as follows:</DELETED>
<DELETED>    ``(d) Information Reporting.--</DELETED>
        <DELETED>    ``(1) The Secretary may require--</DELETED>
                <DELETED>    ``(A) information reporting by any person 
                registered under this section, and</DELETED>
                <DELETED>    ``(B) information reporting by such other 
                persons as the Secretary deems necessary to carry out 
                this part.</DELETED>
        <DELETED>    ``(2) Information reporting required by the 
        Secretary under paragraph (1) of this subsection shall be by 
        electronic format for any person having at least 25 reportable 
        transactions in a month.''.</DELETED>
<DELETED>    (b) Use Tax on Certain Vehicles.--Section 4481(b) is 
amended by adding the following new sentence at the end: ``Any return 
of tax imposed by this section reporting at least 25 vehicles shall be 
filed by electronic format.''.</DELETED>
<DELETED>    (c) Electronic Format.--The Secretary of the Treasury 
shall describe the electronic formats for filing under subsections (a) 
and (b) not later than 90 days after the date of the enactment of this 
Act.</DELETED>
<DELETED>    (d) Effective Date.--The amendment made by subsection (a) 
shall apply to returns due after the date the Secretary of the Treasury 
describes the electronic format for filing under subsection (a) and the 
amendment made by subsection (b) shall apply to returns due after the 
date the Secretary of the Treasury describes the electronic format for 
filing under subsection (b).</DELETED>

<DELETED>SEC. 9011. CIVIL PENALTY FOR REFUSAL OF ENTRY.</DELETED>

<DELETED>    (a) Section 4083(c)(3) is amended by adding at the end a 
new sentence as follows: ``For purposes of this subsection, the penalty 
provided by section 7342 shall be treated as an assessable penalty and 
assessed in accordance with section 6671.''.</DELETED>
<DELETED>    (b) Effective Date.-- The amendments made by this section 
shall take effect 90 days after the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 9012. REQUIREMENT OF TAX PAYMENT DECAL; ELIMINATION OF 
              INSTALLMENT PAYMENTS OF HIGHWAY USE TAX.</DELETED>

<DELETED>    (a) Display of Proof of Payment of Tax.--Section 4481(b) 
(relating to imposition of tax on use of certain highway motor 
vehicles) is amended by adding a sentence at the end as follows: 
``Every person, agency, or instrumentality who has paid the tax imposed 
by this section shall display proof of such payment in a manner as the 
Secretary may prescribe.''.</DELETED>
<DELETED>    (b) Civil Penalty for Failure To Display Proof of Tax 
Payment Decal.--</DELETED>
        <DELETED>    (1) In general.--Part II of subchapter B of 
        chapter 68 (relating to assessable penalties) is amended by 
        adding at the end the following new section:</DELETED>
<DELETED>``Sec. 6719. Failure to display proof of tax payment 
              decal</DELETED>
<DELETED>    ``(a) Imposition of Penalty.--Each person, agency, or 
instrumentality who fails to display proof of payment of tax when 
required to do so pursuant to the last sentence of section 4481(b) 
(relating to the display of proof of payment of tax) shall pay a 
penalty of $50. With respect to any vehicle, only one penalty shall be 
imposed by this section during any calendar month.</DELETED>
<DELETED>    ``(b) Multiple Violations.--In determining the penalty 
under subsection (a) on any person, agency, or instrumentality, 
subsection (a) shall be applied by increasing the amount imposed in 
subsection (a) by the product of such amount and the number of prior 
penalties (if any) imposed by this section on such person, agency, or 
instrumentality. ''.</DELETED>
        <DELETED>    (2) Conforming amendment.--The table of sections 
        for part II of subchapter B of chapter 68 is amended by adding 
        at the end the following new item:</DELETED>

<DELETED>``6719. Failure to display proof of tax payment decal.''.
<DELETED>    (c) Elimination of Privilege To Pay Highway Use Tax in 
Installments.--</DELETED>
        <DELETED>    (1) Repeal.--Section 6156 (relating to the 
        privilege to pay in installments the tax imposed under section 
        4481 of such Code on use of highway motor vehicles) is 
        repealed.</DELETED>
        <DELETED>    (2) Conforming amendment.--The table of sections 
        for subchapter A of chapter 62 is amended by striking the item 
        relating to section 6156.</DELETED>
<DELETED>    (d) Effective Date.--The amendments made by this section 
shall apply to taxable periods beginning after the date of the 
enactment of this Act.</DELETED>

<DELETED>SEC. 9013. ADDITIONAL RULES REGARDING INSPECTIONS OF 
              RECORDS.</DELETED>

<DELETED>    (a) Provision of Copies of Records.--Section 4102 
(relating to inspection of records by local officers) is amended by 
inserting ``, and copies shall be furnished upon request of,'' after 
``inspection by''.</DELETED>
<DELETED>    (b) Inspection by Other Enforcement Agencies.--Section 
4102 of the Internal Revenue Code of 1986, as amended by subsection 
(a), is amended by inserting ``; such records and information on 
returns required to be filed with respect to taxes under section 4481 
shall be open to inspection by officers of any State agency charged 
with the registration and licensing of vehicles described in such 
section and officers of any other Federal or State agency charged with 
the enforcement of Federal or State law regarding taxable fuels or 
criminal activities regarding taxable fuels'' after ``section 
4083)''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Safe, Accountable, 
Flexible, and Efficient Transportation Equity Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. General definitions.
Sec. 3. Definitions for title 23.

                     TITLE I--FEDERAL-AID HIGHWAYS

                          Subtitle A--Funding

Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Revenue aligned budget authority.

                        Subtitle B--New Programs

Sec. 1201. Infrastructure performance and maintenance program.
Sec. 1202. Future of surface transportation system.
Sec. 1203. Freight transportation gateways; freight intermodal 
                            connections.
Sec. 1204. Construction of ferry boats and ferry terminal facilities.
Sec. 1205. Designation of Daniel Patrick Moynihan Interstate Highway.

                          Subtitle C--Finance

Sec. 1301. Federal share.
Sec. 1302. Transfer of highway and transit funds.
Sec. 1303. Transportation Infrastructure Finance and Innovation Act 
                            Amendments.
Sec. 1304. Facilitation of international registration plans and 
                            international fuel tax agreements.
Sec. 1305. National Commission on Future Revenue Sources to Support the 
                            Highway Trust Fund and Finance the Needs of 
                            the Surface Transportation System.
Sec. 1306. State infrastructure banks.

                           Subtitle D--Safety

Sec. 1401. Highway safety improvement program.
Sec. 1402. Operation lifesaver.
Sec. 1403. License suspension.
Sec. 1404. Bus axle weight exemption.
Sec. 1405. Safe routes to schools program.
Sec. 1406. Purchases of equipment.
Sec. 1407. Workzone safety.
Sec. 1408. Worker injury prevention and free flow of vehicular traffic.

             Subtitle E--Environmental Planning and Review

                   Chapter 1--Transportation Planning

Sec. 1501. Integration of natural resource concerns into State and 
                            metropolitan transportation planning.
Sec. 1502. Consultation between transportation agencies and resource 
                            agencies in transportation planning.
Sec. 1503. Integration of natural resource concerns into transportation 
                            project planning.
Sec. 1504. Public involvement in transportation planning and projects.
Sec. 1505. Project mitigation.

         Chapter 2--Transportation Project Development Process

Sec. 1511. Transportation project development process.
Sec. 1512. Assumption of responsibility for categorical exclusions.
Sec. 1513. Surface transportation project delivery pilot program.
Sec. 1514. Regulations.

                        Chapter 3--Miscellaneous

Sec. 1521. Critical real property acquisition.
Sec. 1522. Planning capacity building initiative.

                        Subtitle F--Environment

Sec. 1601. Environmental restoration and pollution abatement; control 
                            of invasive plant species and establishment 
                            of native species.
Sec. 1602. National scenic byways program.
Sec. 1603. Recreational trails program.
Sec. 1604. Exemption of Interstate System.
Sec. 1605. Standards.
Sec. 1606. Use of high occupancy vehicle lanes.
Sec. 1607. Bicycle transportation and pedestrian walkways.
Sec. 1608. Idling reduction facilities in interstate rights-of-way.
Sec. 1609. Toll programs.
Sec. 1610. Federal reference method.
Sec. 1611. Addition of particulate matter areas to CMAQ.
Sec. 1612. Addition to CMAQ-eligible projects.
Sec. 1613. Improved interagency consultation.
Sec. 1614. Evaluation and assessment of CMAQ projects.
Sec. 1615. Synchronized planning and conformity timelines, 
                            requirements, and horizon.
Sec. 1616. Transition to new air quality standards.
Sec. 1617. Reduced barriers to air quality improvements.
Sec. 1618. Air quality monitoring data influenced by exceptional 
                            events.
Sec. 1619. Conforming amendments.
Sec. 1620. Highway stormwater discharge mitigation program.

                         Subtitle G--Operations

Sec. 1701. Transportation systems management and operations.
Sec. 1702. Real-time system management information program.

                  Subtitle H--Federal-Aid Stewardship

Sec. 1801. Future Interstate System routes.
Sec. 1802. Stewardship and oversight.
Sec. 1803. Design-build contracting.
Sec. 1804. Program efficiencies--finance.
Sec. 1805. Set-asides for interstate discretionary projects.
Sec. 1806. Federal lands highways program.
Sec. 1807. Emergency relief.
Sec. 1808. Highway bridge program.
Sec. 1809. Appalachian development highway system.
Sec. 1810. Multistate corridor program.
Sec. 1811. Border planning, operations, technology, and capacity 
                            program.
Sec. 1812. Puerto Rico highway program.
Sec. 1813. National historic covered bridge preservation.
Sec. 1814. Transportation and community and system preservation pilot 
                            program.
Sec. 1815. Tribal-State road maintenance agreements.
Sec. 1816. Forest highways.
Sec. 1817. Territorial highway program.
Sec. 1818. Magnetic levitation transportation technology deployment 
                            program.
Sec. 1819. Donations and credits.
Sec. 1820. Disadvantaged business enterprises.

                   Subtitle I--Technical Corrections

Sec. 1901. Repeal or update of obsolete text.
Sec. 1902. Clarification of date.
Sec. 1903. Inclusion of requirements for signs identifying funding 
                            sources in title 23.
Sec. 1904. Inclusion of Buy America requirements in title 23.
Sec. 1905. Technical amendments to nondiscrimination section.

                   TITLE II--TRANSPORTATION RESEARCH

                          Subtitle A--Funding

Sec. 2001. Authorization of appropriations.
Sec. 2002. Obligation ceiling.
Sec. 2003. Notice.

                  Subtitle B--Research and Technology

Sec. 2101. Research and technology program.
Sec. 2102. Study of data collection and statistical analysis efforts.
Sec. 2103. Centers for surface transportation excellence.

         Subtitle C--Intelligent Transportation System Research

Sec. 2201. Intelligent transportation system research and technical 
                            assistance program.

               TITLE III--INTERMODAL PASSENGER FACILITIES

Sec. 3002. Intermodal passenger facilities.

     TITLE IV--FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS

Sec. 4001. Amendment of Federal Aid in Fish Restoration Act.
Sec. 4002. Authorization of appropriations.
Sec. 4003. Division of annual appropriations.
Sec. 4004. Maintenance of projects.
Sec. 4005. Boating infrastructure.
Sec. 4006. Requirements and restrictions concerning use of amounts for 
                            expenses for administration.
Sec. 4007. Payments of funds to and cooperation with Puerto Rico, the 
                            District of Columbia, Guam, American Samoa, 
                            Commonwealth of the Northern Marina 
                            Islands, and Virgin Islands.
Sec. 4008. Multistate conservation grant program.

SEC. 2. GENERAL DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Transportation.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 3. DEFINITIONS FOR TITLE 23.

    Section 101 of title 23, United States Code, is amended by striking 
subsection (a) and inserting the following:
    ``(a) Definitions.--In this title:
            ``(1) Apportionment.--The term `apportionment' includes an 
        unexpended apportionment made under a law enacted before the 
        date of enactment of the Safe, Accountable, Flexible, and 
        Efficient Transportation Equity Act of 2003.
            ``(2) Carpool project.--
                    ``(A) In general.--The term `carpool project' means 
                any project to encourage the use of carpools and 
                vanpools.
                    ``(B) Inclusions.--The term `carpool project' 
                includes a project--
                            ``(i) to provide carpooling opportunities 
                        to the elderly and individuals with 
                        disabilities;
                            ``(ii) to develop and implement a system 
                        for locating potential riders and informing the 
                        riders of carpool opportunities;
                            ``(iii) to acquire vehicles for carpool 
                        use;
                            ``(iv) to designate highway lanes as 
                        preferential carpool highway lanes;
                            ``(v) to provide carpool-related traffic 
                        control devices; and
                            ``(vi) to designate facilities for use for 
                        preferential parking for carpools.
            ``(3) Construction.--
                    ``(A) In general.--The term `construction' means 
                the supervision, inspection, and actual building of, 
                and incurring 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.
                    ``(B) Inclusions.--The term `construction' 
                includes--
                            ``(i) locating, surveying, and mapping 
                        (including the establishment of temporary and 
                        permanent geodetic markers in accordance with 
                        specifications of the National Oceanic and 
                        Atmospheric Administration);
                            ``(ii) resurfacing, restoration, and 
                        rehabilitation;
                            ``(iii) acquisition of rights-of-way;
                            ``(iv) relocation assistance, acquisition 
                        of replacement housing sites, and acquisition 
                        and rehabilitation, relocation, and 
                        construction of replacement housing;
                            ``(v) elimination of hazards of railway 
                        grade crossings;
                            ``(vi) elimination of roadside obstacles;
                            ``(vii) improvements that directly 
                        facilitate and control traffic flow, such as--
                                    ``(I) grade separation of 
                                intersections;
                                    ``(II) widening of lanes;
                                    ``(III) channelization of traffic;
                                    ``(IV) traffic control systems; and
                                    ``(V) passenger loading and 
                                unloading areas;
                            ``(viii) capital improvements that directly 
                        facilitate an effective vehicle weight 
                        enforcement program, such as--
                                    ``(I) scales (fixed and portable);
                                    ``(II) scale pits;
                                    ``(III) scale installation; and
                                    ``(IV) scale houses;
                            ``(ix) improvements directly relating to 
                        securing transportation infrastructures for 
                        detection, preparedness, response, and 
                        recovery;
                            ``(x) operating costs relating to traffic 
                        monitoring, management, and control;
                            ``(xi) operational movements; and
                            ``(xii) transportation system management 
                        and operations.
            ``(4) County.--The term `county' includes--
                    ``(A) a corresponding unit of government under any 
                other name in a State that does not have county 
                organizations; and
                    ``(B) in those States in which the county 
                government does not have jurisdiction over highways, 
                any local government unit vested with jurisdiction over 
                local highways.
            ``(5) Federal-aid highway.--
                    ``(A) In general.--The term `Federal-aid highway' 
                means a highway eligible for assistance under this 
                chapter.
                    ``(B) Exclusions.--The term `Federal-aid highway' 
                does not include a highway classified as a local road 
                or rural minor collector.
            ``(6) Federal-aid system.--The term `Federal-aid system' 
        means any of the Federal-aid highway systems described in 
        section 103.
            ``(7) Federal lands highway.--The term `Federal lands 
        highway' means--
                    ``(A) a forest highway;
                    ``(B) a recreation road;
                    ``(C) a public Forest Service road;
                    ``(D) a park road;
                    ``(E) a parkway;
                    ``(F) a refuge road;
                    ``(G) an Indian reservation road that is a public 
                road; and
                    ``(H) a public lands highway.
            ``(8) Forest highway.--The term `forest highway' means a 
        forest road that is--
                    ``(A) under the jurisdiction of, and maintained by, 
                a public authority; and
                    ``(B) is open to public travel.
            ``(9) Forest road or trail.--
                    ``(A) In general.--The term `forest road or trail' 
                means a road or trail wholly or partly within, or 
                adjacent to, and serving National Forest System land 
                that is necessary for the protection, administration, 
                use, and development of the resources of that land.
                    ``(B) Inclusions.--The term `forest road or trail' 
                includes--
                            ``(i) a classified forest road;
                            ``(ii) an unclassified forest road;
                            ``(iii) a temporary forest road; and
                            ``(iv) a public forest service road.
            ``(10) Freight transportation gateway.--
                    ``(A) In general.--The term `freight transportation 
                gateway' means a nationally or regionally significant 
                transportation port of entry or hub for domestic and 
                global trade or military mobilization.
                    ``(B) Inclusions.--The term `freight transportation 
                gateway' includes freight intermodal and Strategic 
                Highway Network connections that provide access to and 
                from a port or hub described in subparagraph (A).
            ``(11) Highway.--The term `highway' includes--
                    ``(A) a road, street, and parkway;
                    ``(B) a right-of-way, bridge, railroad-highway 
                crossing, tunnel, drainage structure, sign, guardrail, 
                and protective structure, in connection with a highway; 
                and
                    ``(C) a portion of any interstate or international 
                bridge or tunnel (including the approaches to the 
                interstate or international bridge or tunnel, and such 
                transportation facilities as may be required by the 
                United States Customs Service and the Bureau of 
                Citizenship and Immigration Services in connection with 
                the operation of an international bridge or tunnel), 
                the cost of which is assumed by a State transportation 
                department.
            ``(12) Highway safety improvement project.--The term 
        `highway safety improvement project' means a project that meets 
        the requirements of section 148.
            ``(13) Indian reservation road.--
                    ``(A) In general.--The term `Indian reservation 
                road' means a public road that is located within or 
                provides access to an area described in subparagraph 
                (B) on which or in which reside Indians or Alaskan 
                Natives that, as determined by the Secretary of the 
                Interior, are eligible for services generally available 
                to Indians under Federal laws specifically applicable 
                to Indians.
                    ``(B) Areas.--The areas referred to in subparagraph 
                (A) are--
                            ``(i) an Indian reservation;
                            ``(ii) Indian trust land or restricted 
                        Indian land that is not subject to fee title 
                        alienation without the approval of the Federal 
                        Government; and
                            ``(iii) an Indian or Alaska Native village, 
                        group, or community.
            ``(14) Interstate system.--The term `Interstate System' 
        means the Dwight D. Eisenhower National System of Interstate 
        and Defense Highways described in section 103(c).
            ``(15) Maintenance.--
                    ``(A) In general.--The term `maintenance' means the 
                preservation of a highway.
                    ``(B) Inclusions.--The term `maintenance' includes 
                the preservation of--
                            ``(i) the surface, shoulders, roadsides, 
                        and structures of a highway; and
                            ``(ii) such traffic-control devices as are 
                        necessary for safe, secure, and efficient use 
                        of a highway.
            ``(16) Maintenance area.--The term `maintenance area' means 
        an area that was designated as a nonattainment area, but was 
        later redesignated by the Administrator of the Environmental 
        Protection Agency as an attainment area, under section 107(d) 
        of the Clean Air Act (42 U.S.C. 7407(d)).
            ``(17) National forest system road or trail.--The term 
        `National Forest System road or trail' means a forest road or 
        trail that is under the jurisdiction of the Forest Service.
            ``(18) National highway system.--The term `National Highway 
        System' means the Federal-aid highway system described in 
        section 103(b).
            ``(19) Operating costs for traffic monitoring, management, 
        and control.--The term `operating costs for traffic monitoring, 
        management, and control' includes--
                    ``(A) labor costs;
                    ``(B) administrative costs;
                    ``(C) costs of utilities and rent;
                    ``(D) costs incurred by transportation agencies for 
                technology to monitor critical transportation 
                infrastructure for security purposes; and
                    ``(E) other costs associated with transportation 
                systems management and operations and the continuous 
                operation of traffic control, such as--
                            ``(i) an integrated traffic control system;
                            ``(ii) an incident management program; and
                            ``(iii) a traffic control center.
            ``(20) Operational improvement.--
                    ``(A) In general.--The term `operational 
                improvement' means--
                            ``(i) a capital improvement for 
                        installation or implementation of--
                                    ``(I) a transportation system 
                                management and operations program;
                                    ``(II) traffic and transportation 
                                security surveillance and control 
                                equipment;
                                    ``(III) a computerized signal 
                                system;
                                    ``(IV) a motorist information 
                                system;
                                    ``(V) an integrated traffic control 
                                system;
                                    ``(VI) an incident management 
                                program;
                                    ``(VII) equipment and programs for 
                                transportation response to manmade and 
                                natural disasters; or
                                    ``(VIII) a transportation demand 
                                management facility, strategy, or 
                                program; and
                            ``(ii) such other capital improvements to a 
                        public road as the Secretary may designate by 
                        regulation.
                    ``(B) Exclusions.--The term `operational 
                improvement' does not include--
                            ``(i) a resurfacing, restorative, or 
                        rehabilitative improvement;
                            ``(ii) construction of an additional lane, 
                        interchange, or grade separation; or
                            ``(iii) construction of a new facility on a 
                        new location.
            ``(21) Park road.--The term `park road' means a public road 
        (including a bridge built primarily for pedestrian use, but 
        with capacity for use by emergency vehicles) that is located 
        within, or provides access to, an area in the National Park 
        System with title and maintenance responsibilities vested in 
        the United States.
            ``(22) Parkway.--The term `parkway' means a parkway 
        authorized by an Act of Congress on land to which title is 
        vested in the United States.
            ``(23) Project.--The term `project' means--
                    ``(A)(i) an undertaking to construct a particular 
                portion of a highway; or
                    ``(ii) if the context so implies, a particular 
                portion of a highway so constructed; and
                    ``(B) any other undertaking eligible for assistance 
                under this title.
            ``(24) Project agreement.--The term `project agreement' 
        means the formal instrument to be executed by the Secretary and 
        a State transportation department under section 106.
            ``(25) Public authority.--The term `public authority' means 
        a Federal, State, county, town, or township, Indian tribe, 
        municipal or other local government or instrumentality with 
        authority to finance, build, operate, or maintain toll or toll-
        free facilities.
            ``(26) Public forest service road.--The term `public Forest 
        Service road' means a classified forest road--
                    ``(A) that is open to public travel;
                    ``(B) for which title and maintenance 
                responsibility is vested in the Federal Government; and
                    ``(C) that has been designated a public road by the 
                Forest Service.
            ``(27) Public lands development roads and trails.--The term 
        `public lands development roads and trails' means roads and 
        trails that the Secretary of the Interior determines are of 
        primary importance for the development, protection, 
        administration, and use of public lands and resources under the 
        control of the Secretary of the Interior.
            ``(28) Public lands highway.--The term `public lands 
        highway' means--
                    ``(A) a forest road that is--
                            ``(i) under the jurisdiction of, and 
                        maintained by, a public authority; and
                            ``(ii) open to public travel; and
                    ``(B) any highway through unappropriated or 
                unreserved public land, nontaxable Indian land, or any 
                other Federal reservation (including a main highway 
                through such land or reservation that is on the 
                Federal-aid system) that is--
                            ``(i) under the jurisdiction of, and 
                        maintained by, a public authority; and
                            ``(ii) open to public travel.
            ``(29) Public road.--The term `public road' means any road 
        or street that is--
                    ``(A) under the jurisdiction of, and maintained by, 
                a public authority; and
                    ``(B) open to public travel.
            ``(30) Recreational road.--The term `recreational road' 
        means a public road--
                    ``(A) that provides access to a museum, lake, 
                reservoir, visitors center, gateway to a major 
                wilderness area, public use area, or recreational or 
                historic site; and
                    ``(B) for which title is vested in the Federal 
                Government.
            ``(31) Refuge road.--The term `refuge road' means a public 
        road--
                    ``(A) that provides access to or within a unit of 
                the National Wildlife Refuge System or a national fish 
                hatchery; and
                    ``(B) for which title and maintenance 
                responsibility is vested in the United States 
                Government.
            ``(32) Rural area.--The term `rural area' means an area of 
        a State that is not included in an urban area.
            ``(33) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(34) State.--The term `State' means--
                    ``(A) a State;
                    ``(B) the District of Columbia; and
                    ``(C) the Commonwealth of Puerto Rico.
            ``(35) State funds.--The term `State funds' includes funds 
        that are--
                    ``(A) raised under the authority of the State (or 
                any political or other subdivision of a State); and
                    ``(B) made available for expenditure under the 
                direct control of the State transportation department.
            ``(36) State transportation department.--The term `State 
        transportation department' means the department, agency, 
        commission, board, or official of any State charged by the laws 
        of the State with the responsibility for highway construction.
            ``(37) Territorial highway system.--The term `territorial 
        highway system' means the system of arterial highways, 
        collector roads, and necessary interisland connectors in 
        American Samoa, the Commonwealth of the Northern Mariana 
        Islands, Guam, and the United States Virgin Islands that have 
        been designated by the appropriate Governor or chief executive 
        officer of a territory, and approved by the Secretary, in 
        accordance with section 215.
            ``(38) Transportation enhancement activity.--The term 
        `transportation enhancement activity' means, with respect to 
        any project or the area to be served by the project, any of the 
        following activities as the activities relate to surface 
        transportation:
                    ``(A) Provision of facilities for pedestrians and 
                bicycles.
                    ``(B) Provision of safety and educational 
                activities for pedestrians and bicyclists.
                    ``(C) Acquisition of scenic easements and scenic or 
                historic sites (including historic battlefields).
                    ``(D) Conduct of scenic or historic highway 
                programs (including the provision of tourist and 
                welcome center facilities).
                    ``(E) Landscaping and other scenic beautification.
                    ``(F) Historic preservation.
                    ``(G) Rehabilitation and operation of historic 
                transportation buildings, structures, or facilities 
                (including historic railroad facilities and canals).
                    ``(H) Preservation of abandoned railway corridors 
                (including the conversion and use of the corridors for 
                pedestrian or bicycle trails).
                    ``(I) Control and removal of outdoor advertising.
                    ``(J) Archaeological planning and research.
                    ``(K) Environmental mitigation--
                            ``(i) to address water pollution due to 
                        highway runoff; or
                            ``(ii) reduce vehicle-caused wildlife 
                        mortality while maintaining habitat 
                        connectivity.
                    ``(L) Establishment of transportation museums.
            ``(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 
                security, safety, and reliability of the transportation 
                system.
                    ``(B) Inclusions.--The term `transportation systems 
                management and operations' includes--
                            ``(i) regional operations collaboration and 
                        coordination activities between transportation 
                        and public safety agencies; and
                            ``(ii) improvements to the transportation 
                        system such as traffic detection and 
                        surveillance, arterial management, freeway 
                        management, demand management, work zone 
                        management, emergency management, electronic 
                        toll collection, automated enforcement, 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.
            ``(40) Urban area.--The term `urban area' means--
                    ``(A) an urbanized area (or, in the case of an 
                urbanized area encompassing more than 1 State, the 
                portion of the urbanized area in each State); and
                    ``(B) an urban place designated by the Bureau of 
                the Census that--
                            ``(i) has a population of 5,000 or more;
                            ``(ii) is not located within any urbanized 
                        area; and
                            ``(iii) is located within boundaries that--
                                    ``(I) are fixed cooperatively by 
                                responsible State and local officials, 
                                subject to approval by the Secretary; 
                                and
                                    ``(II) encompass, at a minimum, the 
                                entire urban place designated by the 
                                Bureau of the Census (except in the 
                                case of cities in the State of Maine 
                                and in the State of New Hampshire).
            ``(41) Urbanized area.--The term `urbanized area' means an 
        area that--
                    ``(A) has a population of 50,000 or more;
                    ``(B) is designated by the Bureau of the Census; 
                and
                    ``(C) is located within boundaries that--
                            ``(i) are fixed cooperatively by 
                        responsible State and local officials, subject 
                        to approval by the Secretary; and
                            ``(ii) encompass, at a minimum, the entire 
                        urbanized area within a State as designated by 
                        the Bureau of the Census.''.

                     TITLE I--FEDERAL-AID HIGHWAYS

                          Subtitle A--Funding

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

    The following sums are authorized to be appropriated out of the 
Highway Trust Fund (other than the Mass Transit Account):
            (1) Interstate maintenance program.--For the Interstate 
        maintenance program under section 119 of title 23, United 
        States Code--
                    (A) $5,500,000,000 for fiscal year 2004;
                    (B) $6,300,000,000 for fiscal year 2005; and
                    (C) $6,550,000,000 for each of fiscal years 2006 
                through 2009.
            (2) National highway system.--For the National Highway 
        System under section 103 of that title--
                    (A) $6,650,000,000 for fiscal year 2004;
                    (B) $7,650,000,000 for fiscal year 2005; and
                    (C) $7,950,000,000 for each of fiscal years 2006 
                through 2009.
            (3) Bridge program.--For the bridge program under section 
        144 of that title--
                    (A) $4,700,000,000 for fiscal year 2004;
                    (B) $5,400,000,000 for fiscal year 2005; and
                    (C) $5,600,000,000 for each of fiscal years 2006 
                through 2009.
            (4) Surface transportation program.--For the surface 
        transportation program under section 133 of that title--
                    (A) $6,950,000,000 for fiscal year 2004;
                    (B) $7,950,000,000 for fiscal year 2005; and
                    (C) $8,250,000,000 for each of fiscal years 2006 
                through 2009.
            (5) Congestion mitigation and air quality improvement 
        program.--For the congestion mitigation and air quality 
        improvement program under section 149 of that title--
                    (A) $1,900,000,000 for fiscal year 2004;
                    (B) $2,150,000,000 for fiscal year 2005; and
                    (C) $2,225,000,000 for each of fiscal years 2006 
                through 2009.
            (6) Highway safety improvement program.--For the highway 
        safety improvement program under section 148 of that title--
                    (A) $1,200,000,000 for fiscal year 2004;
                    (B) $1,300,000,000 for fiscal year 2005; and
                    (C) $1,350,000,000 for each of fiscal years 2006 
                through 2009.
            (7) Appalachian development highway system program.--For 
        the Appalachian development highway system program under 
        section 170 of that title, $590,000,000 for each of fiscal 
        years 2004 through 2009.
            (8) Recreational trails program.--For the recreational 
        trails program under section 206 of that title, $60,000,000 for 
        each of fiscal years 2004 through 2009.
            (9) Federal lands highways program.--
                    (A) Indian reservation roads.--For Indian 
                reservation roads under section 204 of that title--
                            (i) $300,000,000 for fiscal year 2004;
                            (ii) $325,000,000 for fiscal year 2005;
                            (iii) $350,000,000 for fiscal year 2006;
                            (iv) $375,000,000 for fiscal year 2007;
                            (v) $400,000,000 for fiscal year 2008; and
                            (vi) $425,000,000 for fiscal year 2009.
                    (B) Recreation roads.--For recreation roads under 
                section 204 of that title, $50,000,000 for each of 
                fiscal years 2004 through 2009.
                    (C) Park roads and parkways.--For park roads and 
                parkways under section 204 of that title--
                            (i) $300,000,000 for fiscal year 2004;
                            (ii) $310,000,000 for fiscal year 2005; and
                            (iii) $320,000,000 for each of fiscal years 
                        2006 through 2009.
                    (D) Refuge roads.--For refuge roads under section 
                204 of that title, $30,000,000 for each of fiscal years 
                2004 through 2009.
                    (E) Public lands highways.--For Federal lands 
                highways under section 204 of that title, $300,000,000 
                for each of fiscal years 2004 through 2009.
                    (F) Safety.--For safety under section 204 of that 
                title, $40,000,000 for each of fiscal years 2004 
                through 2009.
            (10) Multistate corridor program.--For the multistate 
        corridor program under section 171 of that title--
                    (A) $112,500,000 for fiscal year 2004;
                    (B) $135,000,000 for fiscal year 2005;
                    (C) $157,500,000 for fiscal year 2006;
                    (D) $180,000,000 for fiscal year 2007;
                    (E) $202,500,000 for fiscal year 2008; and
                    (F) $225,000,000 for fiscal year 2009.
            (11) Border planning, operations, and technology program.--
        For the border planning, operations, and technology program 
        under section 172 of that title--
                    (A) $112,500,000 for fiscal year 2004;
                    (B) $135,000,000 for fiscal year 2005;
                    (C) $157,500,000 for fiscal year 2006;
                    (D) $180,000,000 for fiscal year 2007;
                    (E) $202,500,000 for fiscal year 2008; and
                    (F) $225,000,000 for fiscal year 2009.
            (12) National scenic byways program.--For the national 
        scenic byways program under section 162 of that title--
                    (A) $34,000,000 for fiscal year 2004;
                    (B) $35,000,000 for fiscal year 2005;
                    (C) $36,000,000 for fiscal year 2006;
                    (D) $37,000,000 for fiscal year 2007; and
                    (E) $39,000,000 for each of fiscal years 2008 and 
                2009.
            (13) Infrastructure performance and maintenance program.--
        For carrying out the infrastructure performance and maintenance 
        program under section 139 of that title--
                    (A) $2,500,000,000 for each of fiscal years 2004 
                through 2006;
                    (B) $2,000,000,000 for each of fiscal years 2007 
                and 2008; and
                    (C) $500,000,000 for fiscal year 2009.
            (14) Construction of ferry boats and ferry terminal 
        facilities.--For construction of ferry boats and ferry terminal 
        facilities under section 147 of that title, $38,000,000 for 
        each of fiscal years 2004 through 2009.
            (15) Commonwealth of puerto rico highway program.--For the 
        Commonwealth of Puerto Rico highway program under section 173 
        of that title--
                    (A) $140,000,000 for fiscal year 2004;
                    (B) $145,000,000 for fiscal year 2005;
                    (C) $149,000,000 for fiscal year 2006;
                    (D) $154,000,000 for fiscal year 2007;
                    (E) $160,000,000 for fiscal year 2008; and
                    (F) $163,000,000 for fiscal year 2009.

SEC. 1102. OBLIGATION CEILING.

    [RESERVED]

SEC. 1103. APPORTIONMENTS.

    (a) Administrative Expenses.--
            (1) In general.--Section 104 of title 23, United States 
        Code, is amended by striking subsection (a) and inserting the 
        following:
    ``(a) Administrative Expenses.--
            ``(1) In general.--There are authorized to be appropriated 
        from the Highway Trust Fund (other than the Mass Transit 
        Account) to be made available to the Secretary of 
        Transportation for administrative expenses of the Federal 
        Highway Administration--
                    ``(A) $450,000,000 for fiscal year 2004;
                    ``(B) $465,000,000 for fiscal year 2005;
                    ``(C) $480,000,000 for fiscal year 2006;
                    ``(D) $495,000,000 for fiscal year 2007;
                    ``(E) $510,000,000 for fiscal year 2008; and
                    ``(F) $525,000,000 for fiscal year 2009.
            ``(2) Purposes.--The funds authorized by this subsection 
        shall be used--
                    ``(A) to administer the provisions of law to be 
                financed from appropriations for the Federal-aid 
                highway program and programs authorized under chapter 
                2; and
                    ``(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 funds made available under 
        paragraph (1) shall remain available until expended.''.
            (2) Conforming amendments.--Section 104 of title 23, United 
        States Code, is amended--
                    (A) in the matter preceding paragraph (1) of 
                subsection (b), by striking ``the deduction authorized 
                by subsection (a) and'';
                    (B) in the first sentence of subsection (e)(1), by 
                striking ``, and also'' and all that follows through 
                ``this section''; and
                    (C) in subsection (i), by striking ``deducted'' and 
                inserting ``made available''.
    (b) Metropolitan Planning.--Section 104(f) of title 23, United 
States Code, is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Set-aside.--On October 1 of each fiscal year, the 
        Secretary shall set aside 1.5 percent of the funds authorized 
        to be appropriated for expenditure upon programs authorized 
        under this title to carry out the requirements of section 
        134.'';
            (2) in paragraph (2), by striking ``per centum'' and 
        inserting ``percent'';
            (3) in paragraph (3)--
                    (A) by striking ``The funds'' and inserting the 
                following:
                    ``(A) In general.--The funds''; and
                    (B) by striking ``These funds'' and all that 
                follows and inserting the following:
                    ``(B) Unused funds.--Any funds that are not used to 
                carry out section 134 may be made available by a 
                metropolitan planning organization to the State to fund 
                activities under section 135.''; and
            (4) by adding at the end the following:
            ``(6) Federal share.--Funds apportioned to a State under 
        this subsection shall be matched in accordance with section 
        120(b) unless the Secretary determines that the interests of 
        the Federal-aid highway program would be best served without 
        the match.''.
    (c) Alaska Highway.--Section 104(b)(1)(A) of title 23, United 
States Code, is amended by striking ``1998 through 2002'' and inserting 
``2004 through 2009''.

SEC. 1104. MINIMUM GUARANTEE.

    Section 105 of title 23, United States Code, is amended by striking 
subsections (a) through (f) and inserting the following:
    ``(a) General Rule.--For each of fiscal years 2004 through 2009, 
the Secretary shall ensure that the percentage of apportionments of 
each State is sufficient to ensure that, based on the percentage of 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 are available, no State's percentage return 
from the Highway Trust Fund is less than 90.5 percent.
    ``(b) Apportionments--In making an apportionment described in 
subsection (a) for a fiscal year, the Secretary shall ensure that the 
rate of return of each State from the Highway Trust Fund includes the 
total apportionments made for the fiscal year for--
            ``(1) the Interstate maintenance program under section 119;
            ``(2) the National Highway System under section 103;
            ``(3) the bridge program under section 144;
            ``(4) the surface transportation program under section 133;
            ``(5) the congestion mitigation and air quality improvement 
        program under section 149;
            ``(6) the highway safety improvement program under section 
        148;
            ``(7) the Appalachian development highway system program 
        under section 170;
            ``(8) the recreational trails program under section 206;
            ``(9) the infrastructure performance and maintenance 
        program under section 139;
            ``(10) the metropolitan planning program under section 
        104(f);
            ``(11) the equity bonus program under this section;
            ``(12) the high priority projects program under section 
        1601 of the Transportation Equity Act for the 21st Century (112 
        Stat. 255);
            ``(13) the safe routes to school program under section 150; 
        and
            ``(14) the railway-highway crossings under section 130.''.

SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.

    Section 110 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraphs (1) and (2), by striking ``2000'' 
                each place it appears and inserting ``2006''; and
                    (B) in paragraph (2)--
                            (i) by striking ``the succeeding'' and 
                        inserting ``that''; and
                            (ii) by striking ``and the motor carrier 
                        safety grant program'';
            (2) in subsection (b)(1), by striking subparagraph (A) and 
        inserting the following:
                    ``(A) the sums authorized to be appropriated from 
                the Highway Trust Fund (other than the Mass Transit 
                Account) for each of the Federal-aid highway and 
                highway safety construction programs (other than the 
                equity bonus program) and for which funds are allocated 
                from the Highway Trust Fund by the Secretary under this 
                title and the Safe, Accountable, Flexible, and 
                Efficient Transportation Equity Act of 2003; bears 
                to'';
            (3) in subsection (c), by inserting ``the highway safety 
        improvement program,'' after ``the surface transportation 
        program,''; and
            (4) by striking subsections (e), (f), and (g).

                        Subtitle B--New Programs

SEC. 1201. INFRASTRUCTURE PERFORMANCE AND MAINTENANCE PROGRAM.

    (a) In General.--Subchapter I of chapter 1 of title 23, United 
States Code, is amended by inserting after section 138 the following:
``Sec. 139. Infrastructure performance and maintenance program
    ``(a) Establishment.--The Secretary shall establish and implement 
an infrastructure performance and maintenance program in accordance 
with this section.
    ``(b) Eligible Projects.--
            ``(1) In general.--A State may obligate funds allocated to 
        the State under this section only for projects eligible under 
        the Interstate maintenance program under section 119, the 
        National Highway System program under section 103, the surface 
        transportation program under section 133, the highway safety 
        improvement program under section 148, the highway bridge 
        replacement and rehabilitation program under section 144, and 
        the congestion mitigation and air quality improvement program 
        under section 149 that will--
                    ``(A) preserve, maintain, or otherwise extend, in a 
                cost-effective manner, the useful life of existing 
                highway infrastructure elements; or
                    ``(B) provide operational improvements (including 
                traffic management and intelligent transportation 
                system strategies and limited capacity enhancements) at 
                points of recurring highway congestion.
            ``(2) Set-aside.--Notwithstanding any other provision of 
        law, of the amounts made available under section 1101(a)(14) of 
        the Safe, Accountable, Flexible, and Efficient Transportation 
        Equity Act of 2003, $439,000,000 shall be available for 
        obligation to carry out this section without further 
        appropriation.
    ``(c) Period of Availability.--
            ``(1) Obligation within 180 days.--
                    ``(A) In general.--Funds allocated to a State under 
                this section shall be obligated by the State not later 
                than 180 days after the date of apportionment.
                    ``(B) Unobligated funds.--Any amounts that remain 
                unobligated at the end of that period shall be 
                allocated in accordance with subsection (d).
            ``(2) Obligation by end of fiscal year.--
                    ``(A) In general.--All funds allocated or 
                reallocated under this section shall remain available 
                for obligation until the last day of the fiscal year 
                for which the funds are apportioned.
                    ``(B) Unobligated funds.--Any amounts allocated 
                that remain unobligated at the end of the fiscal year 
                shall lapse.
    ``(d) Redistribution of Allocated Funds and Obligation Authority.--
            ``(1) In general.--On the date that is 180 days after the 
        date of allocation, or as soon thereafter as practicable, for 
        each fiscal year, the Secretary shall--
                    ``(A) withdraw--
                            ``(i) any funds allocated to a State under 
                        this section that remain unobligated; and
                            ``(ii) an equal amount of obligation 
                        authority provided for the use of the funds in 
                        accordance with section 1101(a)(14) of the 
                        Safe, Accountable, Flexible, and Efficient 
                        Transportation Equity Act of 2003; and
                    ``(B) reallocate the funds and redistribute the 
                obligation authority to those States that--
                            ``(i) have fully obligated all amounts 
                        allocated under this section for the fiscal 
                        year; and
                            ``(ii) demonstrate that the State is able 
                        to obligate additional amounts for projects 
                        eligible under this section before the end of 
                        the fiscal year.
            ``(2) Equity bonus.--The calculation and distribution of 
        funds under section 105 shall be adjusted as a result of the 
        allocation of funds under this subsection.
    ``(e) Federal Share Payable.--The Federal share payable for a 
project funded under this section shall be determined in accordance 
with section 120.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding after the item relating to 
section 138 the following:

``139. Infrastructure performance and maintenance program.''.

SEC. 1202. FUTURE OF SURFACE TRANSPORTATION SYSTEM.

    (a) Declaration of Policy.--Section 101 of title 23, United States 
Code, is amended--
            (1) by striking ``(b) It is hereby declared to be'' and 
        inserting the following:
    ``(b) Declaration of Policy.--
            ``(1) Acceleration of construction of federal-aid highway 
        systems.--Congress declares that it is'';
            (2) in the second paragraph, by striking ``It is hereby 
        declared'' and inserting the following:
            ``(2) Completion of interstate system.--Congress 
        declares''; and
            (3) by striking the last paragraph and inserting the 
        following:
            ``(3) Transportation needs of 21st century.--Congress 
        declares that--
                    ``(A) it is in the national interest to preserve 
                and enhance the surface transportation system to meet 
                the needs of the United States for the 21st Century;
                    ``(B) the current urban and long distance personal 
                travel and freight movement demands have surpassed the 
                original forecasts and travel demand patterns are 
                expected to change;
                    ``(C) continued planning for and investment in 
                surface transportation is critical to ensure the 
                surface transportation system adequately meets the 
                changing travel demands of the future;
                    ``(D) among the foremost needs that the surface 
                transportation system must meet to provide for a strong 
                and vigorous national economy are safe, efficient, and 
                reliable--
                            ``(i) national and interregional personal 
                        mobility (including personal mobility in rural 
                        and urban areas) and reduced congestion;
                            ``(ii) flow of interstate and international 
                        commerce and freight transportation; and
                            ``(iii) travel movements essential for 
                        national security;
                    ``(E) special emphasis should be devoted to 
                providing safe and efficient access for the type and 
                size of commercial and military vehicles that access 
                designated National Highway System intermodal freight 
                terminals;
                    ``(F) it is in the national interest to seek ways 
                to eliminate barriers to transportation investment 
                created by the current modal structure of 
                transportation financing;
                    ``(G) the connection between land use and 
                infrastructure is significant;
                    ``(H) transportation should play a significant role 
                in promoting economic growth, improving the 
                environment, and sustaining the quality of life; and
                    ``(I) the Secretary should take appropriate actions 
                to preserve and enhance the Interstate System to meet 
                the needs of the 21st Century.''.
    (b) National Surface Transportation System Study.--
            (1) In general.--The Secretary shall--
                    (A) conduct a complete investigation and study of 
                the current condition and future needs of the surface 
                transportation system of the United States, including--
                            (i) the National Highway System;
                            (ii) the Interstate System;
                            (iii) the strategic highway network;
                            (iv) congressional high priority corridors;
                            (v) intermodal connectors;
                            (vi) freight facilities;
                            (vii) navigable waterways;
                            (viii) mass transportation;
                            (ix) freight and intercity passenger rail 
                        infrastructure and facilities; and
                            (x) surface access to airports; and
                    (B) develop a conceptual plan, with alternative 
                approaches, for the future to ensure that the surface 
                transportation system will continue to serve the needs 
                of the United States, including specific 
                recommendations regarding design and operational 
                standards, Federal policies, and legislative changes.
            (2) Specific issues.--In conducting the investigation and 
        study, the Secretary shall specifically address--
                    (A) the current condition and performance of the 
                Interstate System (including the physical condition of 
                bridges and pavements and operational characteristics 
                and performance), relying primarily on existing data 
                sources;
                    (B) the future of the Interstate System, based on a 
                range of legislative and policy approaches for 15-, 30-
                , and 50-year time periods;
                    (C) the expected demographics and business uses 
                that impact the surface transportation system;
                    (D) the expected use of the surface transportation 
                system, including the effects of changing vehicle 
                types, modes of transportation, fleet size and weights, 
                and traffic volumes;
                    (E) desirable design policies and standards for 
                future improvements of the surface transportation 
                system, including additional access points;
                    (F) the identification of urban, rural, national, 
                and interregional needs for the surface transportation 
                system;
                    (G) the potential for expansion, upgrades, or other 
                changes to the surface transportation system, 
                including--
                            (i) deployment of advanced materials and 
                        intelligent technologies;
                            (ii) critical multistate, urban, and rural 
                        corridors needing capacity, safety, and 
                        operational enhancements;
                            (iii) improvements to intermodal linkages;
                            (iv) security and military deployment 
                        enhancements;
                            (v) strategies to enhance asset 
                        preservation; and
                            (vi) implementation strategies;
                    (H) the improvement of emergency preparedness and 
                evacuation using the surface transportation system, 
                including--
                            (i) examination of the potential use of all 
                        modes of the surface transportation system in 
                        the safe and efficient evacuation of citizens 
                        during times of emergency;
                            (ii) identification of the location of 
                        critical bottlenecks; and
                            (iii) development of strategies to improve 
                        system redundancy, especially in areas with a 
                        high potential for terrorist attacks;
                    (I) alternatives for addressing environmental 
                concerns in recommended alternatives;
                    (J) the evaluation and assessment of the current 
                and future capabilities for conducting system-wide 
                real-time performance data collection and analysis, 
                traffic monitoring, and system operations and 
                management; and
                    (K) a range of policy and legislative alternatives 
                for addressing future needs for the surface 
                transportation system, including funding needs and 
                potential approaches to provide funds.
            (3) Technical advisory committee.--The Secretary shall 
        establish a technical advisory committee, in a manner 
        consistent with the Federal Advisory Committee Act (5 U.S.C. 
        App.), to collect and evaluate technical input from--
                    (A) the Department of Defense;
                    (B) appropriate Federal, State, and local officials 
                with responsibility for transportation;
                    (C) appropriate State and local elected officials;
                    (D) transportation and trade associations;
                    (E) emergency management officials;
                    (F) freight providers;
                    (G) the general public; and
                    (H) other entities and persons determined 
                appropriate by the Secretary to ensure a diverse range 
                of views.
            (4) Report.--Not later than 4 years after the date of 
        enactment of this Act, 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, and make readily available to the public, a 
        report on the results of the investigation and study conducted 
        under this subsection.

SEC. 1203. FREIGHT TRANSPORTATION GATEWAYS; FREIGHT INTERMODAL 
              CONNECTIONS.

    (a) Freight Transportation Gateways.--Chapter 3 of title 23, United 
States Code, is amended by adding at the end the following:
``Sec. 325. Freight transportation gateways
    ``(a) In General.--
            ``(1) Establishment.--The Secretary shall establish a 
        freight transportation gateways program to improve 
        productivity, security, and safety of freight transportation 
        gateways, while mitigating congestion and community impacts in 
        the area of the gateways.
            ``(2) Purposes.--The purposes of the freight transportation 
        gateways program shall be--
                    ``(A) to facilitate and support multimodal freight 
                transportation initiatives at the State and local 
                levels in order to improve freight transportation 
                gateways and mitigate the impact of congestion on the 
                environment in the area of the gateways;
                    ``(B) to provide capital funding to address 
                infrastructure and freight operational needs at freight 
                transportation gateways;
                    ``(C) to encourage adoption of new financing 
                strategies to leverage State, local, and private 
                investment in freight transportation gateways;
                    ``(D) to facilitate access to intermodal freight 
                transfer facilities; and
                    ``(E) to increase economic efficiency by 
                facilitating the movement of goods.
    ``(b) State Responsibilities.--
            ``(1) Project development process.--Each State, in 
        coordination with metropolitan planning organizations, shall 
        ensure that intermodal freight transportation, trade 
        facilitation, and economic development needs are adequately 
        considered and fully integrated into the project development 
        process, including transportation planning through final design 
        and construction of freight-related transportation projects.
            ``(2) Freight transportation coordinator.--
                    ``(A) In general.--Each State shall designate a 
                freight transportation coordinator.
                    ``(B) Duties.--The coordinator shall--
                            ``(i) foster public and private sector 
                        collaboration needed to implement complex 
                        solutions to freight transportation and freight 
                        transportation gateway problems, including--
                                    ``(I) coordination of metropolitan 
                                and statewide transportation activities 
                                with trade and economic interests;
                                    ``(II) coordination with other 
                                States, agencies, and organizations to 
                                find regional solutions to freight 
                                transportation problems; and
                                    ``(III) coordination with local 
                                officials of the Department of Defense 
                                and the Department of Homeland 
                                Security, and with other organizations, 
                                to develop regional solutions to 
                                military and homeland security 
                                transportation needs; and
                            ``(ii) promote programs that build 
                        professional capacity to better plan, 
                        coordinate, integrate, and understand freight 
                        transportation needs for the State.
    ``(c) Innovative Finance Strategies.--
            ``(1) In general.--States and localities are encouraged to 
        adopt innovative financing strategies for freight 
        transportation gateway improvements, including--
                    ``(A) new user fees;
                    ``(B) modifications to existing user fees, 
                including trade facilitation charges;
                    ``(C) revenue options that incorporate private 
                sector investment; and
                    ``(D) a blending of Federal-aid and innovative 
                finance programs.
            ``(2) Technical assistance.--The Secretary shall provide 
        technical assistance to States and localities with respect to 
        the strategies.
    ``(d) Intermodal Freight Transportation Projects.--
            ``(1) Use of surface transportation program funds.--A State 
        may obligate funds apportioned to the State under section 
        104(b)(3) for publicly-owned intermodal freight transportation 
        projects that provide community and highway benefits by 
        addressing economic, congestion, system reliability, security, 
        safety, or environmental issues associated with freight 
        transportation gateways.
            ``(2) Eligible projects.--A project eligible for funding 
        under this section--
                    ``(A) may include publicly-owned intermodal freight 
                transfer facilities, access to the facilities, and 
                operational improvements for the facilities (including 
                capital investment for intelligent transportation 
                systems), except that projects located within the 
                boundaries of port terminals shall only include the 
                surface transportation infrastructure modifications 
                necessary to facilitate direct intermodal interchange, 
                transfer, and access into and out of the port; and
                    ``(B) may involve the combining of private and 
                public funds.''.
    (b) Eligibility for Surface Transportation Program Funds.--Section 
133(b) of title 23, United States Code, is amended by inserting after 
paragraph (11) the following:
            ``(12) Intermodal freight transportation projects in 
        accordance with section 325(d)(2).''.
    (c) Freight Intermodal Connections to NHS.--Section 103(b) of title 
23, United States Code, is amended by adding at the end the following:
            ``(7) Freight intermodal connections to the nhs.--
                    ``(A) Funding set-aside.--Of the funds apportioned 
                to a State for each fiscal year under section 
                104(b)(1), an amount determined in accordance with 
                subparagraph (B) shall only be available to the State 
                to be obligated for projects on--
                            ``(i) National Highway System routes 
                        connecting to intermodal freight terminals 
                        identified according to criteria specified in 
                        the report to Congress entitled `Pulling 
                        Together: The National Highway System and its 
                        Connections to Major Intermodal Terminals' 
                        dated May 24, 1996, referred to in paragraph 
                        (1), and any modifications to the connections 
                        that are consistent with paragraph (4);
                            ``(ii) strategic highway network connectors 
                        to strategic military deployment ports; and
                            ``(iii) projects to eliminate railroad 
                        crossings or make railroad crossing 
                        improvements.
                    ``(B) Determination of amount.--The amount of funds 
                for each State for a fiscal year that shall be set 
                aside under subparagraph (A) shall be equal to the 
                greater of--
                            ``(i) the product obtained by multiplying--
                                    ``(I) the total amount of funds 
                                apportioned to the State under section 
                                104(b)(1); by
                                    ``(II) the percentage of miles that 
                                routes specified in subparagraph (A) 
                                constitute of the total miles on the 
                                National Highway System in the State; 
                                or
                            ``(ii) 2 percent of the annual 
                        apportionment to the State of funds under 
                        104(b)(1).
                    ``(C) Exemption from set-aside.--For any fiscal 
                year, a State may obligate the funds otherwise set 
                aside by this paragraph for any project that is 
                eligible under paragraph (6) and is located in the 
                State on a segment of the National Highway System 
                specified in paragraph (2), if the State certifies and 
                the Secretary concurs that--
                            ``(i) the designated National Highway 
                        System intermodal connectors described in 
                        subparagraph (A) are in good condition and 
                        provide an adequate level of service for 
                        military vehicle and civilian commercial 
                        vehicle use; and
                            ``(ii) significant needs on the designated 
                        National Highway System intermodal connectors 
                        are being met or do not exist.''.
    (d) Federal Share Payable.--Section 120 of title 23, United States 
Code, is amended by adding at the end the following:
    ``(m) Increased Federal Share for Connectors.--In the case of a 
project to support a National Highway System intermodal freight 
connection or strategic highway network connector to a strategic 
military deployment port described in section 103(b)(7), the Federal 
share of the total cost of the project shall be 90 percent.''.
    (e) Length Limitations.--Section 31111(e) of title 49, United 
States Code, is amended--
            (1) by striking ``The'' and inserting the following:
            ``(1) In general.--The''; and
            (2) by adding at the end the following:
            ``(2) Length limitations.--In the interests of economic 
        competitiveness, security, and intermodal connectivity, not 
        later than 3 years after the date of enactment of this 
        paragraph, States shall update the list of Federal-aid system 
        highways to include--
                    ``(A) strategic highway network connectors to 
                strategic military deployment ports; and
                    ``(B) National Highway System intermodal freight 
                connections serving military and commercial truck 
                traffic going to major intermodal terminals as 
                described in section 103(b)(7)(A)(i).''.
    (f) Conforming Amendment.--The analysis of chapter 3 of title 23, 
United States Code, is amended by adding at the end the following:

``325. Freight transportation gateways.''.

SEC. 1204. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

    (a) In General.--Section 147 of title 23, United States Code, is 
amended to read as follows:
``Sec. 147. 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 of the cost of construction 
of ferry boats and ferry terminals under this section shall be 80 
percent.
    ``(c) Set Aside for Projects on National Highway System.--Before 
any apportionment is made under section 104(b)(3), the Secretary shall 
set aside $20,000,000 for each of fiscal years 2004 through 2009, for 
obligation by the Secretary, for--
            ``(1) the construction or refurbishment of ferry boats and 
        ferry terminal facilities;
            ``(2) the acquisition of zero- or low-emission ferry boats, 
        or projects that advance the ship-building capacities of the 
        United States through the introduction of new technology; and
            ``(3) approaches to facilities described in paragraph (1) 
        located within marine highway systems that are part of the 
        National Highway System.
    ``(d) Funding.--There shall be made available to the Secretary to 
carry out this section, out of the Highway Trust Fund (other than the 
Mass Transit Account), for obligation at the discretion of the 
Secretary and to remain available until expended, $38,000,000 for the 
period of fiscal years 2004 through 2009.''.
    (b) Conforming Amendments.--
            (1) The analysis for subchapter I of chapter 1 of title 23, 
        United States Code, is amended by striking the item relating to 
        section 147 and inserting the following:

``147. Construction of ferry boats and ferry terminal facilities.''.
            (2) Section 1064 of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (105 Stat. 2005) is repealed.

SEC. 1205. DESIGNATION OF DANIEL PATRICK MOYNIHAN INTERSTATE HIGHWAY.

    (a) Designation.--Interstate Highway 86 in the State of New York, 
extending from the Pennsylvania border near Lake Erie through Orange 
County, New York, shall be known and designated as the ``Daniel Patrick 
Moynihan Interstate Highway''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the highway referred to 
in subsection (a) shall be deemed to be a reference to the Daniel 
Patrick Moynihan Interstate Highway.

                          Subtitle C--Finance

SEC. 1301. FEDERAL SHARE.

    Section 120 of title 23, United States Code, is amended by striking 
subsection (d) and inserting the following:
    ``(d) Increased Federal Share.--
            ``(1) In general.--The Federal share payable under 
        subsection (a) or (b) may be increased for projects and 
        activities in each State in which is located--
                    ``(A) nontaxable Indian land;
                    ``(B) public land (reserved or unreserved);
                    ``(C) a national forest; or
                    ``(D) a national park and monument.
            ``(2) Amount.--
                    ``(A) In general.--The Federal share for States 
                described in paragraph (1) shall be increased by a 
                percentage of the remaining cost that--
                            ``(i) is equal to the percentage that--
                                    ``(I) the area of all land 
                                described in paragraph (1) in a State; 
                                bears to
                                    ``(II) the total area of the State; 
                                but
                            ``(ii) does not exceed 95 percent of the 
                        total cost of the project or activity for which 
                        the Federal share is provided.
                    ``(B) Adjustment.--The Secretary shall adjust the 
                Federal share for States under subparagraph (A) as the 
                Secretary determines necessary, on the basis of data 
                provided by the Federal agencies that are responsible 
                for maintaining the data.
                    ``(C) Decreased federal share.--Unless the State 
                voluntarily agrees to a decreased Federal share, the 
                Secretary shall provide the maximum Federal share 
                allowable under subsections (a) and (b), as adjusted by 
                this subsection.''.

SEC. 1302. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.

    Section 104 of title 23, United States Code, is amended by striking 
subsection (k) and inserting the following:
    ``(k) Transfer of Highway and Transit Funds.--
            ``(1) Transfer of highway funds for transit projects.--
                    ``(A) In general.--Subject to subparagraph (B), 
                funds made available for transit projects or 
                transportation planning under this title may be 
                transferred to and administered by the Secretary in 
                accordance with chapter 53 of title 49.
                    ``(B) Non-federal share.--The provisions of this 
                title relating to the non-Federal share shall apply to 
                the transferred funds.
            ``(2) Transfer of transit funds for highway projects.--
        Funds made available for highway projects or transportation 
        planning under chapter 53 of title 49 may be transferred to and 
        administered by the Secretary in accordance with this title.
            ``(3) Transfer of highway funds to other federal 
        agencies.--
                    ``(A) In general.--Except as provided in clauses 
                (i) and (ii) and subparagraph (B), funds made available 
                under this title or any other Act that are derived from 
                Highway Trust Fund (other than the Mass Transit 
                account) may be transferred to another Federal agency 
                if--
                            ``(i)(I) an expenditure is specifically 
                        authorized in Federal-aid highway legislation 
                        or as a line item in an appropriation act; or
                            ``(II) a State transportation department 
                        consents to the transfer of funds;
                            ``(ii) the Secretary determines, after 
                        consultation with the State transportation 
                        department (as appropriate), that the Federal 
                        agency should carry out a project with the 
                        funds; and
                            ``(iii) the other Federal agency agrees to 
                        accept the transfer of funds and to administer 
                        the project.
                    ``(B) Administration.--
                            ``(i) Procedures.--A project carried out 
                        with funds transferred to a Federal agency 
                        under subparagraph (A) shall be administered by 
                        the Federal agency under the procedures of the 
                        Federal agency.
                            ``(ii) Appropriations.--Funds transferred 
                        to a Federal agency under subparagraph (A) 
                        shall not be considered an augmentation of the 
                        appropriations of the Federal agency.
                            ``(iii) Non-federal share.--The provisions 
                        of this title, or an Act described in 
                        subparagraph (A), relating to the non-Federal 
                        share shall apply to a project carried out with 
                        the transferred funds, unless the Secretary 
                        determines that it is in the best interest of 
                        the United States that the non-Federal share be 
                        waived.
            ``(4) Transfer of funds among states or to federal highway 
        administration.--
                    ``(A) In general.--Subject to subparagraphs (B) 
                through (D), the Secretary may, at the request of a 
                State, transfer funds apportioned or allocated to the 
                State to another State, or to the Federal Highway 
                Administration, for the purpose of funding 1 or more 
                specific projects.
                    ``(B) Administration.--The transferred funds shall 
                be used for the same purpose and in the same manner for 
                which the transferred funds were authorized.
                    ``(C) Apportionment.--The transfer shall have no 
                effect on any apportionment formula used to distribute 
                funds to States under this section or section 105 or 
                144.
                    ``(D) Surface transportation program.--Funds that 
                are apportioned or allocated to a State under 
                subsection (b)(3) and attributed to an urbanized area 
                of a State with a population of over 200,000 
                individuals under section 133(d)(2) may be transferred 
                under this paragraph only if the metropolitan planning 
                organization designated for the area concurs, in 
                writing, with the transfer request.
            ``(5) Transfer of obligation authority.--Obligation 
        authority for funds transferred under this subsection shall be 
        transferred in the same manner and amount as the funds for the 
        projects are transferred under this subsection.''.

SEC. 1303. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT 
              AMENDMENTS.

    (a) Definitions.--Section 181 of title 23, United States Code, is 
amended--
            (1) in paragraph (3), by striking ``category'' and 
        ``offered into the capital markets'';
            (2) by striking paragraph (7) and redesignating paragraphs 
        (8) through (15) as paragraphs (7) through (14) respectively;
            (3) in paragraph (8) (as redesignated by paragraph (2))--
                    (A) in subparagraph (B), by striking the period at 
                the end and inserting a semicolon; and
                    (B) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) a project that--
                            ``(i)(I) is a project for--
                                    ``(aa) a public freight rail 
                                facility or a private facility 
                                providing public benefit;
                                    ``(bb) an intermodal freight 
                                transfer facility;
                                    ``(cc) a means of access to a 
                                facility described in item (aa) or 
                                (bb);
                                    ``(dd) a service improvement for a 
                                facility described in item (aa) or (bb) 
                                (including a capital investment for an 
                                intelligent transportation system); or
                            ``(II) comprises a series of projects 
                        described in subclause (I) with the common 
                        objective of improving the flow of goods;
                            ``(ii) may involve the combining of private 
                        and public sector funds, including investment 
                        of public funds in private sector facility 
                        improvements; and
                            ``(iii) if located within the boundaries of 
                        a port terminal, includes only such surface 
                        transportation infrastructure modifications as 
                        are necessary to facilitate direct intermodal 
                        interchange, transfer, and access into and out 
                        of the port.''; and
            (4) in paragraph (10) (as redesignated by paragraph (2)) by 
        striking ``bond'' and inserting ``credit''.
    (b) Determination of Eligibility and Project Selection.--Section 
182 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(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, 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.'';
                    (B) in paragraph (3)(A)--
                            (i) in clause (i), by striking 
                        ``$100,000,000'' and inserting ``$50,000,000''; 
                        and
                            (ii) in clause (ii), by striking ``50'' and 
                        inserting ``20''; and
                    (C) in paragraph (4)--
                            (i) by striking ``Project financing'' and 
                        inserting ``The Federal credit instrument''; 
                        and
                            (ii) by inserting before the period at the 
                        end the following: ``that also secure the 
                        project obligations''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``criteria'' the 
                second place it appears and inserting ``requirements''; 
                and
                    (B) in paragraph (2)(B), by inserting ``(which may 
                be the Federal credit instrument)'' after 
                ``obligations''.
    (c) Secured Loans.--Section 183 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``of any project selected 
                        under section 182.'' at the end;
                            (ii) in subparagraphs (A) and (B), by 
                        inserting ``of any project selected under 
                        section 182'' after ``costs'' ; and
                            (iii) in subparagraph (B), by striking the 
                        semicolon at the end and inserting a period; 
                        and
                    (B) in paragraph (4)--
                            (i) by striking ``funding'' and inserting 
                        ``execution''; and
                            (ii) by striking ``rating,'' and all that 
                        follows and inserting a period;
            (2) in subsection (b)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2) Maximum amount.--The amount of the secured loan shall 
        not exceed the lesser of--
                    ``(A) 33 percent of the reasonably anticipated 
                eligible project costs; or
                    ``(B) the amount of the senior project 
                obligations.'';
                    (B) in paragraph (3)(A)(i), by inserting ``that 
                also secure the senior project obligations'' after 
                ``sources''; and
                    (C) in paragraph (4), by striking ``marketable''; 
                and
            (3) in subsection (c)--
                    (A) by striking paragraph (3);
                    (B) by redesignating paragraphs (4) and (5) as 
                paragraphs (3) and (4), respectively; and
                    (C) in paragraph (3) (as redesignated by 
                subparagraph (B))--
                            (i) in subparagraph (A), by striking 
                        ``during the 10 years''; and
                            (ii) in subparagraph (B)(ii), by striking 
                        ``loan'' and all that follows and inserting 
                        ``loan.''.
    (d) Lines of Credit.--Section 184 of title 23, United States Code, 
is amended--
            (1) in subsection (b)--
                    (A) in paragraph (3), by striking ``interest, any 
                debt service reserve fund, and any other available 
                reserve'' and inserting ``interest (but not including 
                reasonably required financing reserves)'';
                    (B) in paragraph (4), by striking ``marketable 
                United States Treasury securities as of the date on 
                which the line of credit is obligated'' and inserting 
                `` United States Treasury securities as of the date of 
                execution of the line of credit agreement''; and
                    (C) in paragraph (5)(A)(i), by inserting ``that 
                also secure the senior project obligations'' after 
                ``sources''; and
            (2) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) by striking ``scheduled'';
                            (ii) by inserting ``be scheduled to'' after 
                        ``shall''; and
                            (iii) by striking ``be fully repaid, with 
                        interest,'' and inserting ``to conclude, with 
                        full repayment of principal and interest,''; 
                        and
                    (B) by striking paragraph (3).
    (e) Program Administration.--Section 185 of title 23, United States 
Code, is amended to read as follows:
``Sec. 185. Program administration
    ``(a) Requirement.--The Secretary shall establish a uniform system 
to service the Federal credit instruments made available under this 
subchapter.
    ``(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 instruments.
    ``(c) Servicer.--
            ``(1) In general.--The Secretary may appoint a financial 
        entity to assist the Secretary in servicing the Federal credit 
        instruments.
            ``(2) Duties.--The servicer shall act as the agent for the 
        Secretary.
            ``(3) Fee.--The servicer shall receive a servicing fee, 
        subject to approval by the Secretary.
    ``(d) Assistance From Expert Firms.--The Secretary may retain the 
services of expert firms, including counsel, in the field of municipal 
and project finance to assist in the underwriting and servicing of 
Federal credit instruments.''.
    (f) Funding.--Section 188 of title 23, United States Code, is 
amended to read as follows:
``Sec. 188. Funding
    ``(a) 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 subchapter $130,000,000 for each of 
        fiscal years 2004 through 2009.
            ``(2) Collected fees.--All fees collected under this 
        subchapter shall be made available to the Secretary, without 
        further appropriation, to carry out this subchapter.
            ``(3) Administrative costs.--Of amounts 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 2004 through 2009.
            ``(4) 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 investment.
            ``(2) Availability.--Amounts authorized under this section 
        for a fiscal year shall be available for obligation on October 
        1 of the fiscal year.''.
    (g) Repeal.--Section 189 of title 23, United States code, is 
repealed.
    (h) Conforming Amendments.--The analysis for chapter 1 of title 23, 
United States Code, is amended--
            (1) by striking the item relating to section 185 and 
        inserting the following:

``185. Program administration.'';
        and
            (2) by striking the item relating to section 189.

SEC. 1304. FACILITATION OF INTERNATIONAL REGISTRATION PLANS AND 
              INTERNATIONAL FUEL TAX AGREEMENTS.

    (a) In General.--Chapter 317 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 31708. Facilitation of international registration plans and 
              international fuel tax agreements
    ``The Secretary may provide assistance to any State that is 
participating in the International Registration Plan and International 
Fuel Tax Agreement, as provided in sections 31704 and 31705, 
respectively, and that serves as a base jurisdiction for motor carriers 
that are domiciled in Mexico, to assist the State with administrative 
costs resulting from serving as a base jurisdiction for motor carriers 
from Mexico.''.
    (b) Conforming Amendment.--The analysis for chapter 317 of title 
49, United States Code, is amended by adding at the end the following:

``31708. Facilitation of international registration plans and 
                            international fuel tax agreements.''.

SEC. 1305. NATIONAL COMMISSION ON FUTURE REVENUE SOURCES TO SUPPORT THE 
              HIGHWAY TRUST FUND AND FINANCE THE NEEDS OF THE SURFACE 
              TRANSPORTATION SYSTEM.

    (a) Establishment.--There is established a commission to be known 
as the ``National Commission on Future Revenue Sources to Support the 
Highway Trust Fund and Finance the Needs of the Surface Transportation 
System'' (referred to in this section as the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 11 
        members, of whom--
                    (A) 3 members shall be appointed by the President;
                    (B) 2 members shall be appointed by the Speaker of 
                the House of Representatives;
                    (C) 2 members shall be appointed by the minority 
                leader of the House of Representatives;
                    (D) 2 members shall be appointed by the majority 
                leader of the Senate; and
                    (E) 2 members shall be appointed by the minority 
                leader of the Senate.
            (2) Qualifications.--Members appointed under paragraph (1) 
        shall have experience in or represent the interests of--
                    (A) public finance, including experience in 
                developing State and local revenue resources;
                    (B) surface transportation program administration;
                    (C) organizations that use surface transportation 
                facilities;
                    (D) academic research into related issues; or
                    (E) other activities that provide unique 
                perspectives on current and future requirements for 
                revenue sources to support the Highway Trust Fund.
            (3) Date of appointments.--The appointment of a member of 
        the Commission shall be made not later than 120 days after the 
        date of establishment of the Commission.
            (4) Terms.--A member shall be appointed for the life of the 
        Commission.
            (5) Vacancies.--A vacancy on the Commission--
                    (A) shall not affect the powers of the Commission; 
                and
                    (B) shall be filled in the same manner as the 
                original appointment was made.
            (6) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold the initial meeting of the Commission.
            (7) Meetings.--The Commission shall meet at the call of the 
        Chairperson.
            (8) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (9) Chairperson and vice chairperson.--The Commission shall 
        select a Chairperson and Vice Chairperson from among the 
        members of the Commission.
    (c) Duties.--
            (1) In general.--The Commission shall--
                    (A) conduct a comprehensive study of alternatives 
                to replace or to supplement the fuel tax as the 
                principal revenue source to support the Highway Trust 
                Fund and suggest new or alternative sources of revenue 
                to fund the needs of the surface transportation system 
                over at least the next 30 years;
                    (B) conduct the study in a manner that builds on--
                            (i) findings, conclusions, and 
                        recommendations of the recent study conducted 
                        by the Transportation Research Board on 
                        alternatives to the fuel tax to support highway 
                        program financing; and
                            (ii) other relevant prior research;
                    (C) consult with the Secretary and the Secretary of 
                the Treasury in conducting the study to ensure that the 
                views of the Secretaries concerning essential 
                attributes of Highway Trust Fund revenue alternatives 
                are considered;
                    (D) consult with representatives of State 
                Departments of Transportation and metropolitan planning 
                organizations and other key interested stakeholders in 
                conducting the study to ensure that--
                            (i) the views of the stakeholders on 
                        alternative revenue sources to support State 
                        transportation improvement programs are 
                        considered; and
                            (ii) any recommended Federal financing 
                        strategy takes into account State financial 
                        requirements; and
                    (E) based on the study, make specific 
                recommendations regarding--
                            (i) actions that should be taken to develop 
                        alternative revenue sources to support the 
                        Highway Trust Fund; and
                            (ii) the time frame for taking those 
                        actions.
            (2) Specific matters.--The study shall address 
        specifically--
                    (A) the advantages and disadvantages of alternative 
                revenue sources to meet anticipated Federal surface 
                transportation financial requirements;
                    (B) recommendations concerning the most promising 
                revenue sources to support long-term Federal surface 
                transportation financing requirements;
                    (C) development of a broad transition strategy to 
                move from the current tax base to new funding 
                mechanisms, including the time frame for various 
                components of the transition strategy;
                    (D) recommendations for additional research that 
                may be needed to implement recommended alternatives; 
                and
                    (E) the extent to which revenues should reflect the 
                relative use of the highway system.
            (3) Related work.--To the maximum extent practicable, the 
        study shall build on related work that has been done by--
                    (A) the Secretary of Transportation;
                    (B) the Secretary of Energy;
                    (C) the Transportation Research Board; and
                    (D) other entities and persons.
            (4) Factors.--In developing recommendations under this 
        subsection, the Commission shall consider--
                    (A) the ability to generate sufficient revenues 
                from all modes to meet anticipated long-term surface 
                transportation financing needs;
                    (B) the roles of the various levels of government 
                and the private sector in meeting future surface 
                transportation financing needs;
                    (C) administrative costs (including enforcement 
                costs) to implement each option;
                    (D) the expected increase in non-taxed fuels and 
                the impact of taxing those fuels;
                    (E) the likely technological advances that could 
                ease implementation of each option;
                    (F) the equity and economic efficiency of each 
                option;
                    (G) the flexibility of different options to allow 
                various pricing alternatives to be implemented; and
                    (H) potential compatibility issues with State and 
                local tax mechanisms under each alternative.
            (5) Report and recommendations.--Not later than September 
        30, 2007, the Commission shall submit to Congress a final 
        report that contains--
                    (A) a detailed statement of the findings and 
                conclusions of the Commission; and
                    (B) the recommendations of the Commission for such 
                legislation and administrative actions as the 
                Commission considers appropriate.
    (d) Powers.--
            (1) Hearings.--The Commission may hold such hearings, meet 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers advisable to 
        carry out this section.
            (2) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from a Federal agency such information as the 
                Commission considers necessary to carry out this 
                section.
                    (B) Provision of information.--On request of the 
                Chairperson of the Commission, the head of the agency 
                shall provide the information to the Commission.
            (3) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other agencies of the Federal Government.
            (4) Donations.--The Commission may accept, use, and dispose 
        of donations of services or property.
    (e) Commission Personnel Matters.--
            (1) Members.--A member of the Commission shall serve 
        without pay but shall be allowed travel expenses, including per 
        diem in lieu of subsistence, at rates authorized for an 
        employee of an agency under subchapter I of chapter 57 of title 
        5, United States Code, while away from the home or regular 
        place of business of the member in the performance of the 
        duties of the Commission.
            (2) Contractor.--The Commission may contract with an 
        appropriate organization, agency, or entity to conduct the 
        study required under this section, under the strategic guidance 
        of the Commission.
            (3) Administrative support.--On the request of the 
        Commission, the Administrator of the Federal Highway 
        Administration shall provide to the Commission, on a 
        reimbursable basis, the administrative support and services 
        necessary for the Commission to carry out the duties of the 
        Commission under this section.
            (4) Detail of department personnel.--
                    (A) In general.--On the request of the Commission, 
                the Secretary may detail, on a reimbursable basis, any 
                of the personnel of the Department to the Commission to 
                assist the Commission in carrying out the duties of the 
                Commission under this section.
                    (B) Civil service status.--The detail of the 
                employee shall be without interruption or loss of civil 
                service status or privilege.
            (5) Cooperation.--The staff of the Secretary shall 
        cooperate with the Commission in the study required under this 
        section, including providing such nonconfidential data and 
        information as are necessary to conduct the study.
    (f) Relationship to Other Laws.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), funds made available to carry out this section shall be 
        available for obligation in the same manner as if the funds 
        were apportioned under chapter 1 of title 23, United States 
        Code.
            (2) Federal share.--The Federal share of the cost of the 
        study and the Commission under this section shall be 100 
        percent.
            (3) Availability.--Funds made available to carry out this 
        section shall remain available until expended.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $3,000,000 for fiscal year 2004.
    (h) Termination.--
            (1) In general.--The Commission shall terminate on the date 
        that is 180 days after the date on which the Commission submits 
        the report of the Commission under subsection (c)(5).
            (2) Records.--Not later than the termination date for the 
        Commission, all records and papers of the Commission shall be 
        delivered to the Administrator of General Services for deposit 
        in the National Archives.

SEC. 1306. STATE INFRASTRUCTURE BANKS.

    Section 1511(b)(1)(A) of the Transportation Equity Act for the 21st 
Century (23 U.S.C. 181 note; 112 Stat. 251) is amended by striking 
``Missouri,'' and all that follows through ``for the establishment'' 
and inserting ``Missouri, Rhode Island, Texas, and any other State that 
seeks such an agreement for the establishment''.

                           Subtitle D--Safety

SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    (a) Safety Improvement.--
            (1) In general.--Section 148 of title 23, United States 
        Code, is amended to read as follows:
``Sec. 148. Highway safety improvement program
    ``(a) Definitions.--In this section:
            ``(1) Highway safety improvement program.--The term 
        `highway safety improvement program' means the program carried 
        out under this section.
            ``(2) Highway safety improvement project.--
                    ``(A) In general.--The term `highway safety 
                improvement project' means a project described in the 
                State strategic highway safety plan that--
                            ``(i) corrects or improves a hazardous road 
                        location or feature; or
                            ``(ii) addresses a highway safety problem.
                    ``(B) Inclusions.--The term `highway safety 
                improvement project' includes a project for--
                            ``(i) an intersection safety improvement;
                            ``(ii) pavement and shoulder widening 
                        (including addition of a passing lane to remedy 
                        an unsafe condition);
                            ``(iii) installation of rumble strips or 
                        another warning device, if the rumble strips or 
                        other warning devices do not adversely affect 
                        the safety or mobility of bicyclists and 
                        pedestrians;
                            ``(iv) installation of a skid-resistant 
                        surface at an intersection or other location 
                        with a high frequency of accidents;
                            ``(v) an improvement for pedestrian or 
                        bicyclist safety;
                            ``(vi)(I) construction of any project for 
                        the elimination of hazards at a railway-highway 
                        crossing that is eligible for funding under 
                        section 130, including the separation or 
                        protection of grades at railway-highway 
                        crossings;
                            ``(II) construction of a railway-highway 
                        crossing safety feature; or
                            ``(III) the conduct of a model traffic 
                        enforcement activity at a railway-highway 
                        crossing;
                            ``(vii) construction of a traffic calming 
                        feature;
                            ``(viii) elimination of a roadside 
                        obstacle;
                            ``(ix) improvement of highway signage and 
                        pavement markings;
                            ``(x) installation of a priority control 
                        system for emergency vehicles at signalized 
                        intersections;
                            ``(xi) installation of a traffic control or 
                        other warning device at a location with high 
                        accident potential;
                            ``(xii) safety-conscious planning;
                            ``(xiii) improvement in the collection and 
                        analysis of crash data;
                            ``(xiv) planning, equipment, operational 
                        activities, or traffic enforcement activities 
                        (including police assistance) relating to 
                        workzone safety;
                            ``(xv) installation of guardrails, barriers 
                        (including barriers between construction work 
                        zones and traffic lanes for the safety of 
                        motorists and workers), and crash attenuators;
                            ``(xvi) the addition or retrofitting of 
                        structures or other measures to eliminate or 
                        reduce accidents involving vehicles and 
                        wildlife; or
                            ``(xvii) installation and maintenance of 
                        signs (including fluorescent, yellow-green 
                        signs) at pedestrian-bicycle crossings and in 
                        school zones.
            ``(3) Safety project under any other section.--
                    ``(A) In general.--The term `safety project under 
                any other section' means a project carried out for the 
                purpose of safety under any other section of this 
                title.
                    ``(B) Inclusion.--The term `safety project under 
                any other section' includes a project to--
                            ``(i) promote the awareness of the public 
                        and educate the public concerning highway 
                        safety matters; or
                            ``(ii) enforce highway safety laws.
            ``(4) State highway safety improvement program.--The term 
        `State highway safety improvement program' means projects or 
        strategies included in the State strategic highway safety plan 
        carried out as part of the State transportation improvement 
        program under section 135(f).
            ``(5) State strategic highway safety plan.--The term `State 
        strategic highway safety plan' means a plan developed by the 
        State transportation department that--
                    ``(A) is developed after consultation with--
                            ``(i) a highway safety representative of 
                        the Governor of the State;
                            ``(ii) regional transportation planning 
                        organizations, if any;
                            ``(iii) representatives of major modes of 
                        transportation;
                            ``(iv) local traffic enforcement officials;
                            ``(v) persons responsible for administering 
                        section 130 at the State level;
                            ``(vi) representatives conducting Operation 
                        Lifesaver;
                            ``(vii) representatives conducting a motor 
                        carrier safety program under section 31104 or 
                        31107 of title 49;
                            ``(viii) motor vehicle administration 
                        agencies; and
                            ``(ix) other major State and local safety 
                        stakeholders;
                    ``(B) analyzes and makes effective use of State, 
                regional, or local crash data;
                    ``(C) addresses engineering, management, operation, 
                education, enforcement, and emergency services elements 
                of highway safety as key factors in evaluating highway 
                projects;
                    ``(D) considers safety needs of, and high-fatality 
                segments of, public roads;
                    ``(E) considers the results of State, regional, or 
                local transportation and highway safety planning 
                processes in existence as of the date of enactment of 
                this section;
                    ``(F) describes a program of projects or strategies 
                to reduce or eliminate safety hazards;
                    ``(G) is approved by the Governor of the State or a 
                responsible State agency; and
                    ``(H) is consistent with the requirements of 
                section 135(f).
    ``(b) Program.--
            ``(1) In general.--The Secretary shall carry out a highway 
        safety improvement program.
            ``(2) Purpose.--The purpose of the highway safety 
        improvement program shall be to achieve a significant reduction 
        in traffic fatalities and serious injuries on public roads.
    ``(c) Eligibility.--
            ``(1) In general.--To receive funds under this section, a 
        State shall have in effect a State highway safety improvement 
        program under which the State--
                    ``(A) develops and implements a State strategic 
                highway safety plan that identifies and analyzes 
                highway safety problems and opportunities as provided 
                in paragraph (2);
                    ``(B) produces a program of projects or strategies 
                to reduce identified safety problems; and
                    ``(C) evaluates the plan on a regular basis to 
                ensure the accuracy of the data and priority of 
                proposed improvements.
            ``(2) Identification and analysis of highway safety 
        problems and opportunities.--As part of the State strategic 
        highway safety plan, a State shall--
                    ``(A) have in place a crash data system with the 
                ability to perform safety problem identification and 
                countermeasure analysis;
                    ``(B) based on the analysis required by 
                subparagraph (A), identify hazardous locations, 
                sections, and elements (including roadside obstacles, 
                railway-highway crossing needs, and unmarked or poorly 
                marked roads) that constitute a danger to motorists, 
                bicyclists, pedestrians, and other highway users;
                    ``(C) adopt strategic and performance-based goals 
                that--
                            ``(i) address traffic safety, including 
                        behavioral and infrastructure problems and 
                        opportunities on all public roads;
                            ``(ii) focus resources on areas of greatest 
                        need; and
                            ``(iii) are coordinated with other State 
                        highway safety programs;
                    ``(D) advance the capabilities of the State for 
                traffic records data collection, analysis, and 
                integration with other sources of safety data (such as 
                road inventories) in a manner that--
                            ``(i) complements the State highway safety 
                        program under chapter 4 and the commercial 
                        vehicle safety plan under section 31102 of 
                        title 49;
                            ``(ii) includes all public roads; and
                            ``(iii) identifies hazardous locations, 
                        sections, and elements on public roads that 
                        constitute a danger to motorists, bicyclists, 
                        and pedestrians;
                    ``(E)(i) determine priorities for the correction of 
                hazardous road locations, sections, and elements 
                (including railway-highway crossing improvements), as 
                identified through crash data analysis;
                    ``(ii) identify opportunities for preventing the 
                development of such hazardous conditions; and
                    ``(iii) establish and implement a schedule of 
                highway safety improvement projects for hazard 
                correction and hazard prevention; and
                    ``(F)(i) establish an evaluation process to analyze 
                and assess results achieved by highway safety 
                improvement projects carried out in accordance with 
                procedures and criteria established by this section; 
                and
                    ``(ii) use the information obtained under clause 
                (i) in setting priorities for highway safety 
                improvement projects.
    ``(d) Eligible Projects.--
            ``(1) In general.--A State may obligate funds apportioned 
        to the State under this section to carry out--
                    ``(A) any highway safety improvement project on any 
                public road or publicly owned bicycle or pedestrian 
                pathway or trail; or
                    ``(B) as provided in subsection (e), for other 
                safety projects.
            ``(2) Use of other funding for safety.--
                    ``(A) Effect of section.--Nothing in this section 
                prohibits the use of funds made available under other 
                provisions of this title for highway safety improvement 
                projects.
                    ``(B) Use of other funds.--States are encouraged to 
                address the full scope of their safety needs and 
                opportunities by using funds made available under other 
                provisions of this title (except a provision that 
                specifically prohibits that use).
    ``(e) Flexible Funding for States With a Strategic Highway Safety 
Plan.--
            ``(1) In general.--To further the implementation of a State 
        strategic highway safety plan, a State may use up to 25 percent 
        of the amount of funds made available under this section for a 
        fiscal year to carry out safety projects under any other 
        section as provided in the State strategic highway safety plan.
            ``(2) Other transportation and highway safety plans.--
        Nothing in this subsection requires a State to revise any State 
        process, plan, or program in effect on the date of enactment of 
        this section.
    ``(f) Reports.--
            ``(1) In general.--A State shall submit to the Secretary a 
        report that--
                    ``(A) describes progress being made to implement 
                highway safety improvement projects under this section;
                    ``(B) assesses the effectiveness of those 
                improvements; and
                    ``(C) describes the extent to which the 
                improvements funded under this section contribute to 
                the goals of--
                            ``(i) reducing the number of fatalities on 
                        roadways;
                            ``(ii) reducing the number of roadway-
                        related injuries;
                            ``(iii) reducing the occurrences of 
                        roadway-related accidents;
                            ``(iv) mitigating the consequences of 
                        roadway-related accidents; and
                            ``(v) reducing the occurrences of roadway-
                        railroad grade crossing accidents.
            ``(2) Contents; schedule.--The Secretary shall establish 
        the content and schedule for a report under paragraph (1).
    ``(g) Federal Share of Highway Safety Improvement Projects.--The 
Federal share of the cost of a highway safety improvement project 
carried out with funds made available under this section shall be 90 
percent.''.
            (2) Allocations of apportioned funds.--Section 133(d) of 
        title 23, United States Code, is amended--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4), respectively;
                    (C) in paragraph (2) (as redesignated by 
                subparagraph (B))--
                            (i) in the first sentence of subparagraph 
                        (A)--
                                    (I) by striking ``subparagraphs (C) 
                                and (D)'' and inserting ``subparagraph 
                                (C)''; and
                                    (II) by striking ``80 percent'' and 
                                inserting ``90 percent'';
                            (ii) by striking subparagraph (C);
                            (iii) by redesignating subparagraphs (D) 
                        and (E) as subparagraphs (C) and (D), 
                        respectively; and
                            (iv) in subparagraph (C) (as redesignated 
                        by clause (iii)), by adding a period at the 
                        end; and
                    (D) in paragraph (4)(A) (as redesignated by 
                subparagraph (B)), by striking ``paragraph (2)'' and 
                inserting ``paragraph (1)''.
            (3) Conforming amendments.--
                    (A) The analysis for chapter 1 of title 23, United 
                States Code, is amended by striking the item relating 
                to section 148 and inserting the following:

``148. Highway safety improvement program.''.
                    (B) Sections 154, 164, and 409 of title 23, United 
                States Code, are amended by striking ``152'' each place 
                it appears and inserting ``148''.
    (b) Apportionment of Highway Safety Improvement Program Funds.--
Section 104(b) of title 23, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        after ``Improvement program,'' the following: ``the highway 
        safety improvement program,''; and
            (2) by adding at the end the following:
            ``(5) Highway safety improvement program.--
                    ``(A) In general.--For the highway safety 
                improvement program, in accordance with the following 
                formula:
                            ``(i) 25 percent of the apportionments in 
                        the ratio that--
                                    ``(I) the total lane miles of 
                                Federal-aid highways in each State; 
                                bears to
                                    ``(II) the total lane miles of 
                                Federal-aid highways in all States.
                            ``(ii) 40 percent of the apportionments in 
                        the ratio that--
                                    ``(I) the total vehicle miles 
                                traveled on lanes on Federal-aid 
                                highways in each State; bears to
                                    ``(II) the total vehicle miles 
                                traveled on lanes on Federal-aid 
                                highways in all States.
                            ``(iii) 35 percent of the apportionments in 
                        the ratio that--
                                    ``(I) the 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 are available; bears to
                                    ``(II) the estimated tax payments 
                                attributable to highway users in all 
                                States paid into the Highway Trust Fund 
                                (other than the Mass Transit Account) 
                                in the latest fiscal year for which 
                                data are available.
                    ``(B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), each State shall receive a minimum of 
                \1/2\ of 1 percent of the funds apportioned under this 
                paragraph.''.
    (c) Elimination of Hazards Relating to Highway Facilities.--
            (1) Funds for protective devices.--Section 130(e) of title 
        23, United States Code, is amended--
                    (A) in the heading, by striking ``Protective 
                Devices'' and inserting ``Railway-Highway Crossings'';
                    (B) by striking the first sentence and inserting 
                the following:
            ``(1) In general.--For each fiscal year, at least 
        $200,000,000 of the funds authorized and expended under section 
        148 shall be available for the elimination of hazards and the 
        installation of protective devices at railway-highway 
        crossings.''; and
                    (C) by striking ``Sums authorized'' and inserting 
                the following:
            ``(2) Obligation.--Sums authorized''.
            (2) Biennial reports to congress.--Section 130(g) of title 
        23, United States Code, is amended in the third sentence--
                    (A) by inserting ``and the Committee on Commerce, 
                Science, and Transportation,'' after ``Public Works''; 
                and
                    (B) by striking ``not later than April 1 of each 
                year'' and inserting ``every other year''.
            (3) Expenditure of funds; apportionment.--Section 130 of 
        title 23, United States Code, is amended by adding at the end 
        the following:
    ``(k) Expenditure of Funds; Apportionment.--Funds made available to 
carry out this section shall be--
            ``(1) available for expenditure on compilation and analysis 
        of data in support of activities carried out under subsection 
        (g); and
            ``(2) apportioned in accordance with section 104(b)(5).''.
    (d) Transition.--
            (1) Implementation.--Except as provided in paragraph (2), 
        to qualify for funding under section 148 of title 23, United 
        States Code (as amended by subsection (a)), a State shall 
        develop and implement a State strategic highway safety plan as 
        required by subsection (c) of that section not later than 
        October 1 of the second fiscal year after the date of enactment 
        of this Act.
            (2) Interim period.--
                    (A) In general.--Before October 1 of the second 
                fiscal year after the date of enactment of this Act and 
                until the date on which a State develops and implements 
                a State strategic highway safety plan, the Secretary 
                shall apportion funds to a State for the highway safety 
                improvement program and the State may obligate funds 
                apportioned to the State for the highway safety 
                improvement program under section 148 for projects that 
                were eligible for funding under sections 130 and 152 of 
                that title, as in effect on the day before the date of 
                enactment of this Act.
                    (B) No strategic highway safety plan.--If a State 
                has not developed a strategic highway safety plan by 
                October 1 of the second fiscal year after the date of 
                enactment of this Act, but demonstrates to the 
                satisfaction of the Secretary that progress is being 
                made toward developing and implementing such a plan, 
                the Secretary shall continue to apportion funds for 1 
                additional fiscal year for the highway safety 
                improvement program under section 148 of title 23, 
                United States Code, to the State, and the State may 
                continue to obligate funds apportioned to the State 
                under this section for projects that were eligible for 
                funding under sections 130 and 152 of that title, as in 
                effect on the day before the date of enactment of this 
                Act.
                    (C) Penalty.--If a State has not adopted a 
                strategic highway safety plan by the date that is 2 
                years after the date of enactment of this Act, funds 
                made available to the State under section 1101(6) shall 
                be redistributed to other States in accordance with 
                section 104(b) of title 23, United States Code.

SEC. 1402. OPERATION LIFESAVER.

    Section 104(d)(1) of title 23, United States Code, is amended--
            (1) by striking ``subsection (b)(3)'' and inserting 
        ``subsection (b)(5)''; and
            (2) by striking ``$500,000'' and inserting ``$600,000''.

SEC. 1403. LICENSE SUSPENSION.

    Section 164(a) of title 23, United States Code, is amended by 
striking paragraph (3) and inserting the following:
            ``(3) License suspension.--The term `license suspension' 
        means--
                    ``(A) the suspension of all driving privileges of 
                an individual for the duration of the suspension 
                period; or
                    ``(B) a combination of suspension of all driving 
                privileges of an individual for the first 90 days of 
                the suspension period, followed by reinstatement of 
                limited driving privileges requiring the individual to 
                operate only motor vehicles equipped with an ignition 
                interlock system or other device approved by the 
                Secretary during the remainder of the suspension 
                period.''.

SEC. 1404. BUS AXLE WEIGHT EXEMPTION.

    Section 1023 of the Intermodal Surface Transportation Efficiency 
Act of 1991 (23 U.S.C. 127 note; 105 Stat. 1951) is amended by striking 
subsection (h) and inserting the following:
    ``(h) Over-the-Road Bus and Public Transit Vehicle Exemption.--
            ``(1) In general.--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 to--
                    ``(A) any over-the-road bus (as defined in section 
                301 of the Americans With Disabilities Act of 1990 (42 
                U.S.C. 12181)); or
                    ``(B) any vehicle that is regularly and exclusively 
                used as an intrastate public agency transit passenger 
                bus.
            ``(2) State action.--No State or political subdivision of a 
        State, or any political authority of 2 or more States, shall 
        impose any axle weight limitation on any vehicle described in 
        paragraph (1) in any case in which such a vehicle is using the 
        Dwight D. Eisenhower System of Interstate and Defense 
        Highways.''.

SEC. 1405. SAFE ROUTES TO SCHOOLS PROGRAM.

    (a) In General.--Subchapter I of chapter I of title 23, United 
States Code, is amended by inserting after section 149 the following:
``Sec. 150. Safe routes to schools program
    ``(a) Definitions.--In this section:
            ``(1) Primary and secondary school.--The term `primary and 
        secondary school' means a school that provides education to 
        children in any of grades kindergarten through 12.
            ``(2) Program.--The term `program' means the safe routes to 
        schools program established under subsection (b).
            ``(3) Vicinity of a school.--The term `vicinity of a 
        school' means the area within 2 miles of a primary or secondary 
        school.
    ``(b) Establishment.--The Secretary shall establish and carry out a 
safe routes to school program for the benefit of children in primary 
and secondary schools in accordance with this section.
    ``(c) Purposes.--The purposes of the program shall be--
            ``(1) to enable and to encourage children to walk and 
        bicycle to school;
            ``(2) to encourage a healthy and active lifestyle by making 
        walking and bicycling to school safer and more appealing 
        transportation alternatives; and
            ``(3) to facilitate the planning, development, and 
        implementation of projects and activities that will improve 
        safety in the vicinity of schools.
    ``(d) Eligible Recipients.--A State shall use amounts apportioned 
under this section to provide financial assistance to State, regional, 
and local agencies that demonstrate an ability to meet the requirements 
of this section.
    ``(e) Eligible Projects and Activities.--
            ``(1) Infrastructure-related projects.--
                    ``(A) In general.--Amounts apportioned to a State 
                under this section may be used for the planning, 
                design, and construction of infrastructure-related 
                projects to encourage walking and bicycling to school, 
                including--
                            ``(i) sidewalk improvements;
                            ``(ii) traffic calming and speed reduction 
                        improvements;
                            ``(iii) pedestrian and bicycle crossing 
                        improvements;
                            ``(iv) on-street bicycle facilities;
                            ``(v) off-street bicycle and pedestrian 
                        facilities;
                            ``(vi) secure bicycle parking facilities;
                            ``(vii) traffic signal improvements; and
                            ``(viii) pedestrian-railroad grade crossing 
                        improvements.
                    ``(B) Location of projects.--Infrastructure-related 
                projects under subparagraph (A) may be carried out on--
                            ``(i) any public road in the vicinity of a 
                        school; or
                            ``(ii) any bicycle or pedestrian pathway or 
                        trail in the vicinity of a school.
            ``(2) Behavioral activities.--
                    ``(A) In general.--In addition to projects 
                described in paragraph (1), amounts apportioned to a 
                State under this section may be used for behavioral 
                activities to encourage walking and bicycling to 
                school, including--
                            ``(i) public awareness campaigns and 
                        outreach to press and community leaders;
                            ``(ii) traffic education and enforcement in 
                        the vicinity of schools; and
                            ``(iii) student sessions on bicycle and 
                        pedestrian safety, health, and environment.
                    ``(B) Allocation.--Of the amounts apportioned to a 
                State under this section for a fiscal year, not less 
                than 10 percent shall be used for behavioral activities 
                under this paragraph.
    ``(f) Funding.--
            ``(1) Set aside.--Before apportioning amounts to carry out 
        section 148 for a fiscal year, the Secretary shall set aside 
        and use $70,000,000 to carry out this section.
            ``(2) Apportionment.--Amounts made available to carry out 
        this section shall be apportioned to States in accordance with 
        section 104(b)(5).
            ``(3) Administration of amounts.--Amounts apportioned to a 
        State under this section shall be administered by the State 
        transportation department.
            ``(4) Federal share.--The Federal share of the cost of a 
        project or activity funded under this section shall be 90 
        percent.
            ``(5) Period of availability.--Notwithstanding section 
        118(b)(2), amounts apportioned under this section shall remain 
        available until expended.''.
    (b) Conforming Amendments.--The analysis for subchapter I of 
chapter 1 of title 23, United States Code is amended by inserting after 
the item relating to section 149 the following:

``150. Safe routes to school program.''.

SEC. 1406. PURCHASES OF EQUIPMENT.

    (a) In General.--Section 152 of title 23, United States Code is 
amended to read as follows:
``Sec. 152. Purchases of equipment
    ``(a) In General.--Subject to subsection (b), a State or other 
entity carrying out a project under this chapter shall purchase device, 
tool or other equipment needed for the project only after completing 
and providing a written analysis demonstrating the cost savings 
associated with purchasing the equipment compared with renting the 
equipment from a qualified equipment rental provider before the project 
commences
    ``(b) Applicability.--This section shall apply to--
            ``(1) earth moving, road machinery, and material handling 
        equipment, or any other item, with a purchase price in excess 
        of $75,000; and
            ``(2) aerial work platforms with a purchase price in excess 
        of $25,000.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code, is amended by striking the item 
relating to section 152 and inserting the following:

``152. Purchases of equipment.''.

SEC. 1407. WORKZONE SAFETY.

    Section 358(b) of the National Highway System Designation Act of 
1995 (109 Stat. 625) is amended by adding at the end the following:
            ``(7) Recommending all federally-assisted projects in 
        excess of $15,000,000 to enter into contracts only with work 
        zone safety services contractors, traffic control contractors, 
        and trench safety and shoring contractors that carry general 
        liability insurance in an amount not less than $15,000,000.
            ``(8) Recommending federally-assisted projects the costs of 
        which exceed $15,000,000 to include work zone intelligent 
        transportation systems that are--
                    ``(A) provided by a qualified vendor; and
                    ``(B) monitored continuously.
            ``(9) Recommending federally-assisted projects to fully 
        fund not less than 5 percent of project costs for work zone 
        safety and temporary traffic control measures, in addition to 
        the cost of the project, which measures shall be provided by a 
        qualified work zone safety or traffic control provider.''.

SEC. 1408. WORKER INJURY PREVENTION AND FREE FLOW OF VEHICULAR TRAFFIC.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall promulgate regulations--
            (1) to decrease the probability of worker injury;
            (2) to maintain the free flow of vehicular traffic by 
        requiring workers whose duties place the workers on, or in 
        close proximity to, a Federal-aid highway (as defined in 
        section 101 of title 23, United States Code) to wear high-
        visibility clothing; and
            (3) to require such other worker-safety measures for 
        workers described in paragraph (2) as the Secretary determines 
        appropriate.

             Subtitle E--Environmental Planning and Review

                   CHAPTER 1--TRANSPORTATION PLANNING

SEC. 1501. INTEGRATION OF NATURAL RESOURCE CONCERNS INTO STATE AND 
              METROPOLITAN TRANSPORTATION PLANNING.

    (a) Metropolitan Planning.--Section 134(f) of title 23, United 
States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (D)--
                            (i) by inserting after ``environment'' the 
                        following: ``(including the protection of 
                        habitat, water quality, and agricultural and 
                        forest land, while minimizing invasive 
                        species)''; and
                            (ii) by inserting before the semicolon the 
                        following: ``(including minimizing adverse 
                        health effects from mobile source air pollution 
                        and promoting the linkage of the transportation 
                        and development goals of the metropolitan 
                        area)''; and
                    (B) in subparagraph (G), by inserting ``and 
                efficient use'' after ``preservation'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) Selection of factors.--After soliciting and 
        considering any relevant public comments, the metropolitan 
        planning organization shall determine which of the factors 
        described in paragraph (1) are most appropriate for the 
        metropolitan area to consider.''.
    (b) Statewide Planning.--Section 135(c) of title 23, United States 
Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (D)--
                            (i) by inserting after ``environment'' the 
                        following: ``(including the protection of 
                        habitat, water quality, and agricultural and 
                        forest land, while minimizing invasive 
                        species)''; and
                            (ii) by inserting before the semicolon the 
                        following: ``(including minimizing adverse 
                        health effects from mobile source air pollution 
                        and promoting the linkage of the transportation 
                        and development goals of the State)''; and
                    (B) in subparagraph (G), by inserting ``and 
                efficient use'' after ``preservation'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) Selection of projects and strategies.--After 
        soliciting and considering any relevant public comments, the 
        State shall determine which of the projects and strategies 
        described in paragraph (1) are most appropriate for the State 
        to consider.''.

SEC. 1502. CONSULTATION BETWEEN TRANSPORTATION AGENCIES AND RESOURCE 
              AGENCIES IN TRANSPORTATION PLANNING.

    (a) In General.--Section 134(g) of title 23, United States Code, is 
amended--
            (1) in paragraph (2)--
                    (A) by redesignating subparagraphs (B) through (D) 
                as subparagraphs (C) through (E), respectively; and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) Mitigation activities.--
                            ``(i) In general.--A long-range 
                        transportation plan shall include a discussion 
                        of--
                                    ``(I) types of potential habitat, 
                                hydrological, and environmental 
                                mitigation activities that may assist 
                                in compensating for loss of habitat, 
                                wetland, and other environmental 
                                functions; and
                                    ``(II) potential areas to carry out 
                                these activities, including a 
                                discussion of areas that may have the 
                                greatest potential to restore and 
                                maintain the habitat types and 
                                hydrological or environmental functions 
                                affected by the plan.
                            ``(ii) Consultation.--The discussion shall 
                        be developed in consultation with Federal, 
                        State, and tribal wildlife, land management, 
                        and regulatory agencies.'';
            (2) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (5), (6), and (7), respectively; and
            (3) by inserting after paragraph (3) the following:
            ``(4) Consultation.--
                    ``(A) In general.--In each metropolitan area, the 
                metropolitan planning organization shall consult, as 
                appropriate, with State and local agencies responsible 
                for land use management, natural resources, 
                environmental protection, conservation, and historic 
                preservation concerning the development of a long-range 
                transportation plan.
                    ``(B) Issues.--The consultation shall involve--
                            ``(i) comparison of transportation plans 
                        with State conservation plans or with maps, if 
                        available;
                            ``(ii) comparison of transportation plans 
                        to inventories of natural or historic 
                        resources, if available; or
                            ``(iii) consideration of areas where 
                        wildlife crossing structures may be needed to 
                        ensure connectivity between wildlife habitat 
                        linkage areas.''.
    (b) Improved Consultation During State Transportation Planning.--
            (1) In general.--Section 135(e)(2) of title 23, United 
        States Code, is amended by adding at the end the following:
                    ``(D) Consultation, comparison, and 
                consideration.--
                            ``(i) In general.--The long-range 
                        transportation plan shall be developed, as 
                        appropriate, in consultation with State and 
                        local agencies responsible for--
                                    ``(I) land use management;
                                    ``(II) natural resources;
                                    ``(III) environmental protection;
                                    ``(IV) conservation; and
                                    ``(V) historic preservation.
                            ``(ii) Comparison and consideration.--
                        Consultation under clause (i) shall involve--
                                    ``(I) comparison of transportation 
                                plans to State conservation plans or 
                                maps, if available;
                                    ``(II) comparison of transportation 
                                plans to inventories of natural or 
                                historic resources, if available; or
                                    ``(III) consideration of areas 
                                where wildlife crossing structures may 
                                be needed to ensure connectivity 
                                between wildlife habitat linkage 
                                areas.''.
            (2) Additional requirements.--Section 135(e) of title 23, 
        United States Code, is amended--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (6) and (7), respectively; and
                    (B) by inserting after paragraph (3) the following:
            ``(4) Mitigation activities.--
                    ``(A) In general.--A long-range transportation plan 
                shall include a discussion of--
                            ``(i) types of potential habitat, 
                        hydrological, and environmental mitigation 
                        activities that may assist in compensating for 
                        loss of habitat, wetlands, and other 
                        environmental functions; and
                            ``(ii) potential areas to carry out these 
                        activities, including a discussion of areas 
                        that may have the greatest potential to restore 
                        and maintain the habitat types and hydrological 
                        or environmental functions affected by the 
                        plan.
                    ``(B) Consultation.--The discussion shall be 
                developed in consultation with Federal, State, and 
                tribal wildlife, land management, and regulatory 
                agencies.
            ``(5) Transportation strategies.--A long-range 
        transportation plan shall identify transportation strategies 
        necessary to efficiently serve the mobility needs of people.''.

SEC. 1503. INTEGRATION OF NATURAL RESOURCE CONCERNS INTO TRANSPORTATION 
              PROJECT PLANNING.

    Section 109(c)(2) of title 23, United States Code, is amended--
            (1) by striking ``consider the results'' and inserting 
        ``consider--
                    ``(A) the results'';
            (2) by striking the period at the end and inserting a 
        semicolon; and
            (3) by adding at the end the following:
                    ``(B) the publication entitled `Flexibility in 
                Highway Design' of the Federal Highway Administration;
                    ``(C) `Eight Characteristics of Process to Yield 
                Excellence and the Seven Qualities of Excellence in 
                Transportation Design' developed by the conference held 
                during 1998 entitled `Thinking Beyond the Pavement 
                National Workshop on Integrating Highway Development 
                with Communities and the Environment while Maintaining 
                Safety and Performance'; and
                    ``(D) any other material that the Secretary 
                determines to be appropriate.''.

SEC. 1504. PUBLIC INVOLVEMENT IN TRANSPORTATION PLANNING AND PROJECTS.

    (a) Metropolitan Planning.--
            (1) Participation by interested parties.--Section 134(g)(5) 
        of title 23, United States Code (as redesignated by section 
        1502(a)(1)), is amended--
                    (A) by striking ``Before approving'' and inserting 
                the following:
                    ``(A) In general.--Before approving''; and
                    (B) by adding at the end the following:
                    ``(B) Methods.--In carrying out subparagraph (A), 
                the metropolitan planning organization shall, to the 
                maximum extent practicable--
                            ``(i) hold any public meetings at 
                        convenient and accessible locations and times;
                            ``(ii) employ visualization techniques to 
                        describe plans; and
                            ``(iii) make public information available 
                        in electronically accessible format and means, 
                        such as the World Wide Web.''.
            (2) Publication of long-range transportation plans.--
        Section 134(g)(6)(i) of title 23, United States Code (as 
        redesignated by section 1502(a)(1)), is amended by inserting 
        before the semicolon the following: ``, including (to the 
        maximum extent practicable) in electronically accessible 
        formats and means such as the World Wide Web''.
    (b) Statewide Planning.--
            (1) Participation by interested parties.--Section 135(e)(3) 
        of title 23, United States Code, is amended by striking 
        subparagraph (B) and inserting the following:
                    ``(B) Methods.--In carrying out subparagraph (A), 
                the State shall, to the maximum extent practicable--
                            ``(i) hold any public meetings at 
                        convenient and accessible locations and times;
                            ``(ii) employ visualization techniques to 
                        describe plans; and
                            ``(iii) make public information available 
                        in electronically accessible format and means, 
                        such as the World Wide Web.''.
            (2) Publication of long-range transportation plans.--
        Section 135(e) of title 23, United States Code (as amended by 
        section 1502(b)(2)), is amended by adding at the end the 
        following:
            ``(8) Publication of long-range transportation plans.--Each 
        long-range transportation plan prepared by a State shall be 
        published or otherwise made available, including (to the 
        maximum extent practicable) in electronically accessible 
        formats and means, such as the World Wide Web.''.

SEC. 1505. PROJECT MITIGATION.

    (a) Mitigation for National Highway System Projects.--Section 
103(b)(6)(M) of title 23, United States Code, is amended--
            (1) by inserting ``(i)'' after ``(M); and
            (2) by adding at the end the following:
                    ``(ii) State habitat, streams, and wetlands 
                mitigation efforts under section 155.''.
    (b) Mitigation for Surface Transportation Program Projects.--
Section 133(b)(11) of title 23, United States Code, is amended--
            (1) by inserting ``(A)'' after ``(11)''; and
            (2) by adding at the end the following:
            ``(B) State habitat, streams, and wetlands mitigation 
        efforts under section 155.''.
    (c) State Habitat, Streams, and Wetlands Mitigation Funds.--Section 
155 of title 23, United States Code, is amended to read as follows:
``Sec. 155. State habitat, streams, and wetlands mitigation funds
    ``(a) Establishment.--A State should establish a habitat, streams, 
and wetlands mitigation fund (referred to in this section as a `State 
fund').
    ``(b) Purpose.--The purpose of a State fund is to encourage efforts 
for habitat, streams, and wetlands mitigation in advance of or in 
conjunction with highway projects to--
            ``(1) ensure that the best habitat, streams, and wetland 
        mitigation sites now available are used; and
            ``(2) accelerate transportation project delivery by making 
        high-quality habitat, streams, and wetland mitigation credits 
        available when needed.
    ``(c) Funds.--A State may deposit into a State fund part of the 
funds apportioned to the State under--
            ``(1) section 104(b)(1) for the National Highway System; 
        and
            ``(2) section 104(b)(3) for the surface transportation 
        program.
    ``(d) Use.--
            ``(1) In general.--Amounts deposited in a State fund shall 
        be used (in a manner consistent with this section) for habitat, 
        streams, or wetlands mitigation related to 1 or more projects 
        funded under this title, including a project under the 
        transportation improvement program of the State developed under 
        section 135(f).
            ``(2) Endangered species.--In carrying out this section, a 
        State and cooperating agency shall give consideration to 
        mitigation projects, on-site or off-site, that restore and 
        preserve the best available sites to conserve biodiversity and 
        habitat for--
                    ``(A) Federal or State listed threatened or 
                endangered species of plants and animals; and
                    ``(B) plant or animal species warranting listing as 
                threatened or endangered, as determined by the 
                Secretary of the Interior in accordance with section 
                4(b)(3)(B) of the Endangered Species Act of 1973 (16 
                U.S.C. 1533(b)(3)(B)).
    ``(e) Consistency With Applicable Requirements.--Contributions from 
the State fund to mitigation efforts may occur in advance of project 
construction only if the efforts are consistent with all applicable 
requirements of Federal law (including regulations).''.
    (d) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code, is amended by striking the item 
relating to section 155 and inserting the following:

``155. State habitat, streams, and wetlands mitigation funds.''.

         CHAPTER 2--TRANSPORTATION PROJECT DEVELOPMENT PROCESS

SEC. 1511. TRANSPORTATION PROJECT DEVELOPMENT PROCESS.

    (a) In General.--Chapter 3 of title 23, United States Code (as 
amended by section 1203(a)), is amended by inserting after section 325 
the following:
``Sec. 326. Transportation project development process
    ``(a) Definitions.--In this section:
            ``(1) Agency.--The term `agency' means any agency, 
        department, or other unit of Federal, State, local, or tribal 
        government.
            ``(2) Environmental impact statement.--The term 
        `environmental impact statement' means a detailed statement of 
        the environmental impacts of a project 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--
                            ``(i) an environmental impact statement; or
                            ``(ii) any other document or analysis 
                        required to be prepared under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.)
                    ``(B) Inclusions.--The term `environmental review 
                process' 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) Project.--The term `project' means any highway or 
        transit project that requires the approval of the Secretary.
            ``(5) Project sponsor.--The term `project sponsor' means an 
        agency or other entity (including any private or public-private 
        entity), that seeks approval of the Secretary for a project.
            ``(6) State transportation department.--The term `State 
        transportation department' means any statewide agency of a 
        State with responsibility for transportation.
    ``(b) Process.--
            ``(1) Lead agency.--
                    ``(A) In general.--The Department of Transportation 
                shall be the lead Federal agency in the environmental 
                review process for a project.
                    ``(B) Joint lead agencies.--Nothing in this section 
                precludes another agency from being a joint lead agency 
                in accordance with regulations under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
                    ``(C) Concurrence of project sponsor.--The lead 
                agency may carry out the environmental review process 
                in accordance with this section only with the 
                concurrence of the project sponsor.
            ``(2) Request for process.--
                    ``(A) In general.--A project sponsor may request 
                that the lead agency carry out the environmental review 
                process for a project or group of projects in 
                accordance with this section.
                    ``(B) Grant of request; public notice.--The lead 
                agency shall--
                            ``(i) grant a request under subparagraph 
                        (A); and
                            ``(ii) provide public notice of the 
                        request.
            ``(3) Effective date.--The environmental review process 
        described in this section may be applied to a project only 
        after the date on which public notice is provided under 
        subparagraph (B)(ii).
    ``(c) Roles and Responsibility of Lead Agency.--With respect to the 
environmental review process for any project, the lead agency shall 
have authority and responsibility to--
                    ``(A) identify and invite cooperating agencies in 
                accordance with subsection (d);
                    ``(B) develop an agency coordination plan with 
                review, schedule, and timelines in accordance with 
                subsection (e);
                    ``(C) determine the purpose and need for the 
                project in accordance with subsection (f);
                    ``(D) determine the range of alternatives to be 
                considered in accordance with subsection (g);
                    ``(E) convene dispute-avoidance and decision 
                resolution meetings and related efforts in accordance 
                with subsection (h);
                    ``(F) take such other actions as are necessary and 
                proper, within the authority of the lead agency, to 
                facilitate the expeditious resolution of the 
                environmental review process for the project; and
                    ``(G) prepare or ensure that any required 
                environmental impact statement or other document 
                required to be completed under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) is completed in accordance with this section and 
                applicable Federal law.
    ``(d) Roles and Responsibilities of Cooperating Agencies.--
            ``(1) In general.--With respect to a project, each Federal 
        agency shall carry out any obligations of the Federal agency in 
        the environmental review process in accordance with this 
        section and applicable Federal law.
            ``(2) Invitation.--
                    ``(A) In general.--The lead agency shall--
                            ``(i) identify, as early as practicable in 
                        the environmental review process for a project, 
                        any other agencies that may have an interest in 
                        the project, including--
                                    ``(I) agencies with jurisdiction 
                                over environmentally-related matters 
                                that may affect the project or may be 
                                required by law to conduct an 
                                environmental-related independent 
                                review or analysis of the project or 
                                determine whether to issue an 
                                environmental-related permit, license, 
                                or approval for the project; and
                                    ``(II) agencies with special 
                                expertise relevant to the project;
                            ``(ii) invite the agencies identified in 
                        clause (i) to become participating agencies in 
                        the environmental review process for that 
                        project; and
                            ``(iii) grant requests to become 
                        cooperating agencies from agencies not 
                        originally invited.
                    ``(B) Responses.--The deadline for receipt of a 
                response from an agency that receives an invitation 
                under subparagraph (A)(ii)--
                            ``(i) shall be 30 days after the date of 
                        receipt by the agency of the invitation; but
                            ``(ii) may be extended by the lead agency 
                        for good cause.
            ``(3) Declining of invitations.--A Federal agency that is 
        invited by the lead agency to participate in the environmental 
        review process for a project shall be designated as a 
        cooperating 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 cooperating 
        agency under this subsection shall not imply that the 
        cooperating agency--
                    ``(A) supports a proposed project; or
                    ``(B) has any jurisdiction over, or special 
                expertise with respect to evaluation of, the project.
            ``(5) Designations for categories of projects.--
                    ``(A) In general.--The Secretary may invite other 
                agencies to become cooperating agencies for a category 
                of projects.
                    ``(B) Designation.--An agency may be designated as 
                a cooperating agency for a category of projects only 
                with the consent of the agency.
            ``(6) Concurrent reviews.--Each Federal agency shall, to 
        the maximum extent practicable--
                    ``(A) carry out obligations of the Federal agency 
                under other applicable law concurrently, and in 
                conjunction, with the review required under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.), unless doing so would impair the ability 
                of the Federal agency to carry out those obligations; 
                and
                    ``(B) formulate and implement administrative, 
                policy, and procedural mechanisms to enable the agency 
                to ensure completion of the environmental review 
                process in a timely, coordinated, and environmentally 
                responsible manner.
    ``(e) Development of Flexible Process and Timeline.--
            ``(1) Coordination plan.--
                    ``(A) In general.--The lead agency shall establish 
                a coordination plan, which may be incorporated into a 
                memorandum of understanding, to coordinate agency and 
                public participation in and comment on the 
                environmental review process for a project or category 
                of projects.
                    ``(B) Workplan.--
                            ``(i) In general.--The lead agency shall 
                        develop, as part of the coordination plan, a 
                        workplan for completing the collection, 
                        analysis, and evaluation of baseline data and 
                        future impacts modeling necessary to complete 
                        the environmental review process, including any 
                        data, analyses, and modeling necessary for 
                        related permits, approvals, reviews, or studies 
                        required for the project under other laws.
                            ``(ii) Consultation.--In developing the 
                        workplan under clause (i), the lead agency 
                        shall consult with--
                                    ``(I) each cooperating agency for 
                                the project;
                                    ``(II) the State in which the 
                                project is located; and
                                    ``(III) if the State is not the 
                                project sponsor, the project sponsor.
                    ``(C) Schedule.--
                            ``(i) In general.--The lead agency shall 
                        establish as part of the coordination plan, 
                        after consultation with each cooperating agency 
                        for the project and with the State in which the 
                        project is located (and, if the State is not 
                        the project sponsor, with the project sponsor), 
                        a schedule for completion of the environmental 
                        review process for the project.
                            ``(ii) Factors for consideration.--In 
                        establishing the schedule, the lead agency 
                        shall consider factors such as--
                                    ``(I) the responsibilities of 
                                cooperating agencies under applicable 
                                laws;
                                    ``(II) resources available to the 
                                cooperating agencies;
                                    ``(III) overall size and complexity 
                                of a project;
                                    ``(IV) the overall schedule for and 
                                cost of a project; and
                                    ``(V) the sensitivity of the 
                                natural and historic resources that 
                                could be affected by the project.
                    ``(D) Consistency with other time periods.--A 
                schedule under subparagraph (C) shall be consistent 
                with any other relevant time periods established under 
                Federal law.
                    ``(E) Modification.--The lead agency may--
                            ``(i) lengthen a schedule established under 
                        subparagraph (C) for good cause; and
                            ``(ii) shorten a schedule only with the 
                        concurrence of the affected cooperating 
                        agencies.
                    ``(F) Dissemination.--A copy of a schedule under 
                subparagraph (C), and of any modifications to the 
                schedule, shall be--
                            ``(i) provided to all cooperating agencies 
                        and to the State transportation department of 
                        the State in which the project is located (and, 
                        if the State is not the project sponsor, to the 
                        project sponsor); and
                            ``(ii) made available to the public.
            ``(2) Comments and timelines.--
                    ``(A) In general.--A schedule established under 
                paragraph (1)(C) shall include--
                            ``(i) opportunities for comment, deadline 
                        for receipt of any comments submitted, deadline 
                        for lead agency response to comments; and
                            ``(ii) except as otherwise provided under 
                        paragraph (1)--
                                    ``(I) an opportunity to comment by 
                                agencies and the public on a draft or 
                                final environmental impact statement 
                                for a period of not more than 60 days 
                                longer than the minimum period required 
                                under the National Environmental Policy 
                                Act of 1969 (42 U.S.C. 4321 et seq.); 
                                and
                                    ``(II) for all other comment 
                                periods established by the lead agency 
                                for agency or public comments in the 
                                environmental review process, a period 
                                of not more than the longer of--
                                            ``(aa) 30 days after the 
                                        final day of the minimum period 
                                        required under Federal law 
                                        (including regulations), if 
                                        available; or
                                            ``(bb) if a minimum period 
                                        is not required under Federal 
                                        law (including regulations), 30 
                                        days.
                    ``(B) Extension of comment periods.--The lead 
                agency may extend a period of comment established under 
                this paragraph for good cause.
                    ``(C) Late comments.--A comment concerning a 
                project submitted under this paragraph after the date 
                of termination of the applicable comment period or 
                extension of a comment period shall not be eligible for 
                consideration by the lead agency unless the lead agency 
                or project sponsor determines there was good cause for 
                the delay or the lead agency is required to consider 
                significant new circumstances or information in 
                accordance with sections 1501.7 and 1502.9 of title 40, 
                Code of Federal Regulations.
                    ``(D) Deadlines for decisions under other laws.--In 
                any case in which a decision under any Federal law 
                relating to a project (including the issuance or denial 
                of a permit or license) is required to be made by the 
                later of the date that is 180 days after the date on 
                which the Secretary made all final decisions of the 
                lead agency with respect to the project, or 180 days 
                after the date on which an application was submitted 
                for the permit or license, 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--
                            ``(i) as soon as practicable after the 180-
                        day period, an initial notice of the failure of 
                        the Federal agency to make the decision; and
                            ``(ii) every 60 day thereafter until such 
                        date as all decisions of the Federal agency 
                        relating to the project have been made by the 
                        Federal agency, an additional notice that 
                        describes the number of decisions of the 
                        Federal agency that remain outstanding as of 
                        the date of the additional notice.
            ``(3) Involvement of the public.--Nothing in this 
        subsection shall reduce any time period provided for public 
        comment in the environmental review process under existing 
        Federal law (including a regulation).
    ``(f) Development of Project Purpose and Need Statement.--
            ``(1) In general.--With respect to the environmental review 
        process for a project, the purpose and need for the project 
        shall be defined in accordance with this subsection.
            ``(2) Authority.--The lead agency shall define the purpose 
        and need for a project, including the transportation objectives 
        and any other objectives intended to be achieved by the 
        project.
            ``(3) Involvement of cooperating agencies and the public.--
        Before determining the purpose and need for a project, the lead 
        agency shall solicit for 30 days, and consider, any relevant 
        comments on the draft statement of purpose and need for a 
        proposed project received from the public and cooperating 
        agencies.
            ``(4) Effect on other reviews.--For the purpose of 
        compliance with the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.) and any other law requiring an agency 
        that is not the lead agency to determine or consider a project 
        purpose or project need, such an agency acting, permitting, or 
        approving under, or otherwise applying, Federal law with 
        respect to a project shall adopt the determination of purpose 
        and need for the project made by the lead agency.
            ``(5) Savings.--Nothing in this subsection preempts or 
        interferes with any power, jurisdiction, responsibility, or 
        authority of an agency under applicable law (including 
        regulations) with respect to a project.
            ``(6) Contents.--
                    ``(A) In general.--The statement of purpose and 
                need shall include a clear statement of the objectives 
                that the proposed project is intended to achieve.
                    ``(B) Effect on existing standards.--Nothing in 
                this subsection shall alter existing standards for 
                defining the purpose and need of a project.
            ``(7) Factors to consider.--The lead agency may determine 
        that any of the following factors and documents are appropriate 
        for consideration in determining the purpose of and need for a 
        project:
                    ``(A) Transportation plans and related planning 
                documents developed through the statewide and 
                metropolitan transportation planning process under 
                sections 134 and 135.
                    ``(B) Land use plans adopted by units of State, 
                local, or tribal government (or, in the case of Federal 
                land, by the applicable Federal land management 
                agencies).
                    ``(C) Economic development plans adopted by--
                            ``(i) units of State, local, or tribal 
                        government; or
                            ``(ii) established economic development 
                        planning organizations or authorities.
                    ``(D) Environmental protection plans, including 
                plans for the protection or treatment of--
                            ``(i) air quality;
                            ``(ii) water quality and runoff;
                            ``(iii) habitat needs of plants and 
                        animals;
                            ``(iv) threatened and endangered species;
                            ``(v) invasive species;
                            ``(vi) historic properties; and
                            ``(vii) other environmental resources.
                    ``(E) Any publicly available plans or policies 
                relating to the national defense, national security, or 
                foreign policy of the United States.
    ``(g) Development of Project Alternatives.--
            ``(1) In general.--With respect to the environmental review 
        process for a project, the alternatives shall be determined in 
        accordance with this subsection.
            ``(2) Authority.--The lead agency shall determine the 
        alternatives to be considered for a project.
            ``(3) Involvement of cooperating agencies and the public.--
                    ``(A) In general.--Before determining the 
                alternatives for a project, the lead agency shall 
                solicit for 30 days and consider any relevant comments 
                on the proposed alternatives received from the public 
                and cooperating agencies.
                    ``(B) Alternatives.--The lead agency shall 
                consider--
                            ``(i) alternatives that meet the purpose 
                        and need of the project; and
                            ``(ii) the alternative of no action.
                    ``(C) Effect on existing standards.--Nothing in 
                this subsection shall alter the existing standards for 
                determining the range of alternatives.
            ``(4) Effect on other reviews.--Any other agency acting 
        under or applying Federal law with respect to a project shall 
        consider only the alternatives determined by the lead agency.
            ``(5) Savings.--Nothing in this subsection preempts or 
        interferes with any power, jurisdiction, responsibility, or 
        authority of an agency under applicable law (including 
        regulations) with respect to a project.
            ``(6) Factors to consider.--The lead agency may determine 
        that any of the following factors and documents are appropriate 
        for consideration in determining the alternatives for a 
        project:
                    ``(A) The overall size and complexity of the 
                proposed action.
                    ``(B) The sensitivity of the potentially affected 
                resources.
                    ``(C) The overall schedule and cost of the project.
                    ``(D) Transportation plans and related planning 
                documents developed through the statewide and 
                metropolitan transportation planning process under 
                sections 134 and 135 of title 23 of the United States 
                Code.
                    ``(E) Land use plans adopted by units of State, 
                local, or tribal government (or, in the case of Federal 
                land, by the applicable Federal land management 
                agencies).
                    ``(F) Economic development plans adopted by--
                            ``(i) units of State, local, or tribal 
                        government; or
                            ``(ii) established economic development 
                        planning organizations or authorities.
                    ``(G) environmental protection plans, including 
                plans for the protection or treatment of--
                            ``(i) air quality;
                            ``(ii) water quality and runoff;
                            ``(iii) habitat needs of plants and 
                        animals;
                            ``(iv) threatened and endangered species;
                            ``(v) invasive species;
                            ``(vi) historic properties; and
                            ``(vii) other environmental resources.
                    ``(H) Any publicly available plans or policies 
                relating to the national defense, national security, or 
                foreign policy of the United States.
    ``(h) Prompt Issue Identification and Resolution Process.--
            ``(1) In general.--The lead agency, the project sponsor, 
        and the cooperating agencies shall work cooperatively, in 
        accordance with this section, to identify and resolve issues 
        that could--
                    ``(A) delay completion of the environmental review 
                process; or
                    ``(B) result in denial of any approvals required 
                for the project under applicable laws.
            ``(2) Lead agency responsibilities.--
                    ``(A) In general.--The lead agency, with the 
                assistance of the project sponsor, shall make 
                information available to the cooperating agencies, as 
                early as practicable in the environmental review 
                process, regarding--
                            ``(i) the environmental and socioeconomic 
                        resources located within the project area; and
                            ``(ii) the general locations of the 
                        alternatives under consideration.
                    ``(B) Basis for information.--Information about 
                resources in the project area may be based on existing 
                data sources, including geographic information systems 
                mapping.
            ``(3) Cooperating agency responsibilities.--
                    ``(A) In general.--Based on information received 
                from the lead agency, cooperating agencies shall 
                promptly identify to the lead agency any major issues 
                of concern regarding the potential environmental or 
                socioeconomic impacts of a project.
                    ``(B) Major issues of concern.--A major issue of 
                concern referred to in subparagraph (A) may include any 
                issue that could substantially delay or prevent an 
                agency from granting a permit or other approval that is 
                needed for a project, as determined by a cooperating 
                agency.
            ``(4) Issue resolution.--On identification of a major issue 
        of concern under paragraph (3), or at any time upon the request 
        of a project sponsor or the Governor of a State, the lead 
        agency shall promptly convene a meeting with representatives of 
        each of the relevant cooperating agencies, the project sponsor, 
        and the Governor to address and resolve the issue.
            ``(5) Notification.--If a resolution of a major issue of 
        concern under paragraph (4) cannot be achieved by the date that 
        is 30 days after the date on which a meeting under that 
        paragraph is convened, the lead agency shall provide 
        notification of the failure to resolve the major issue of 
        concern to--
                    ``(A) the heads of all cooperating agencies;
                    ``(B) the project sponsor;
                    ``(C) the Governor involved;
                    ``(D) the Committee on Environment and Public Works 
                of the Senate; and
                    ``(E) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
    ``(i) Performance Measurement.--
            ``(1) Progress reports.--The Secretary shall establish a 
        program to measure and report on progress toward improving and 
        expediting the planning and environmental review process.
            ``(2) Minimum requirements.--The program shall include, at 
        a minimum--
                    ``(A) the establishment of criteria for measuring 
                consideration of--
                            ``(i) State and metropolitan planning, 
                        project planning, and design criteria; and
                            ``(ii) environmental processing times and 
                        costs;
                    ``(B) the collection of data to assess performance 
                based on the established criteria; and
                    ``(C) the annual reporting of the results of the 
                performance measurement studies.
            ``(3) Involvement of the public and cooperating agencies.--
                    ``(A) In general.--The Secretary shall biennially 
                conduct a survey of agencies participating in the 
                environmental review process under this section to 
                assess the expectations and experiences of each 
                surveyed agency with regard to the planning and 
                environmental review process for projects reviewed 
                under this section.
                    ``(B) Public participation.--In conducting the 
                survey, the Secretary shall solicit comments from the 
                public.
    ``(j) Assistance to Affected Federal and State 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 this title, or for a mass transit project made 
        available under chapter 53 of title 49 to the State or 
        recipient for the project, subject to the coordinated 
        environmental review process established under this section, to 
        affected Federal and State 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 such additional amounts as the Secretary 
                determines are necessary for the affected Federal and 
                State agencies to meet the time limits for 
                environmental review; and
                    ``(B) if those time limits are less than the 
                customary time necessary for that review.''.
    (b) Conforming Amendments.--
            (1) The analysis for chapter 3 of title 23, United States 
        Code, is amended by inserting after the item relating to 
        section 325 (as added by section 1203(f)) the following:

        ``326. Transportation project development process.''.
            (2) Section 1309 of the Transportation Equity Act for the 
        21st Century (112 Stat. 232) is amended--
                    (A) by striking subsections (a), (b), (c), (d), and 
                (e);
                    (B) by redesignating subsections (f) and (g) as 
                subsections (b) and (a), respectively, and moving the 
                subsections so as to appear in alphabetical order; and
                    (C) in subsection (a) (as redesignated by 
                subparagraph (B)), in the subsection heading, by 
                striking ``Federal Agency Defined.--'' and inserting 
                ``Definition of Federal 
                Agency.--''.

SEC. 1512. ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL EXCLUSIONS.

    (a) In General.--Chapter 3 of title 23, United States Code (as 
amended by section 1511(a)), is amended by inserting after section 326 
the following:
``Sec. 327. Assumption of responsibility for categorical exclusions
    ``(a) Categorical Exclusion Determinations.--
            ``(1) In general.--The Secretary may assign, and a State 
        may assume, responsibility for determining whether certain 
        designated activities are included within classes of action 
        identified in regulation by the Secretary that are 
        categorically excluded from requirements for environmental 
        assessments or environmental impact statements pursuant to 
        regulations promulgated by the Council on Environmental Quality 
        under part 1500 of title 40, Code of Federal Regulations (as in 
        effect on October 1, 2003).
            ``(2) Scope of authority.--A determination described in 
        paragraph (1) shall be made by a State in accordance with 
        criteria established by the Secretary and only for types of 
        activities specifically designated by the Secretary.
            ``(3) Criteria.--The criteria under paragraph (2) shall 
        include provisions for public availability of information 
        consistent with section 552 of title 5 and the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    ``(b) Other Applicable Federal Laws.--
            ``(1) In general.--If a State assumes responsibility under 
        subsection (a), the Secretary may also assign and the State may 
        assume all or part of the responsibilities of the Secretary for 
        environmental review, consultation, or other related actions 
        required under any Federal law applicable to activities that 
        are classified by the Secretary as categorical exclusions, with 
        the exception of government-to-government consultation with 
        Indian tribes, subject to the same procedural and substantive 
        requirements as would be required if that responsibility were 
        carried out by the Secretary.
            ``(2) Sole responsibility.--A State that assumes 
        responsibility under paragraph (1) with respect to a Federal 
        law shall be solely responsible and solely liable for complying 
        with and carrying out that law, and the Secretary shall have no 
        such responsibility or liability.
    ``(c) Memoranda of Understanding.--
            ``(1) In general.--The Secretary and the State, after 
        providing public notice and opportunity for comment, shall 
        enter into a memorandum of understanding setting forth the 
        responsibilities to be assigned under this section and the 
        terms and conditions under which the assignments are made, 
        including establishment of the circumstances under which the 
        Secretary would reassume responsibility for categorical 
        exclusion determinations.
            ``(2) Term.--A memorandum of understanding--
                    ``(A) shall have term of not more than 3 years; and
                    ``(B) shall be renewable.
            ``(3) Acceptance of jurisdiction.--In a memorandum of 
        understanding, the State shall consent to accept the 
        jurisdiction of the Federal courts for the compliance, 
        discharge, and enforcement of any responsibility of the 
        Secretary that the State assumes.
            ``(4) Monitoring.--The Secretary shall--
                    ``(A) monitor compliance by the State with the 
                memorandum of understanding and the provision by the 
                State of financial resources to carry out the 
                memorandum of understanding; and
                    ``(B) take into account the performance by the 
                State when considering renewal of the memorandum of 
                understanding.
    ``(d) Termination.--The Secretary may terminate any assumption of 
responsibility under a memorandum of understanding on a determination 
that the State is not adequately carrying out the responsibilities 
assigned to the State.
    ``(e) State Agency Deemed To Be Federal Agency.--A State agency 
that is assigned a responsibility under a memorandum of understanding 
shall be deemed to be a Federal agency for the purposes of the Federal 
law under which the responsibility is exercised.''.
    (b) Conforming Amendment.--The analysis for chapter 3 of title 23, 
United States Code (as amended by section 1511(b)), is amended by 
inserting after the item relating to section 326 the following:

``327. Assumption of responsibility for categorical exclusions.''.

SEC. 1513. SURFACE TRANSPORTATION PROJECT DELIVERY PILOT PROGRAM.

    (a) In General.--Chapter 3 of title 23, United States Code (as 
amended by section 1512(a)), is amended by inserting after section 327 
the following:
``Sec. 328. Surface transportation project delivery pilot program
    ``(a) Establishment.--
            ``(1) In general.--The Secretary shall carry out a surface 
        transportation project delivery pilot program (referred to in 
        this section as the `program').
            ``(2) Assumption of responsibility.--
                    ``(A) In general.--Subject to the other provisions 
                of this section, with the written agreement of the 
                Secretary and a State, which may be in the form of a 
                memorandum of understanding, the Secretary may assign, 
                and the State may assume, the responsibilities of the 
                Secretary with respect to 1 or more highway projects 
                within the State under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                    ``(B) Additional responsibility.--If a State 
                assumes responsibility under subparagraph (A)--
                            ``(i) the Secretary may assign to the 
                        State, and the State may assume, all or part of 
                        the responsibilities of the Secretary for 
                        environmental review, consultation, or other 
                        action required under any Federal environmental 
                        law pertaining to the review or approval of a 
                        specific project; but
                            ``(ii) the Secretary may not assign--
                                    ``(I) responsibility for any 
                                conformity determination required under 
                                section 176 of the Clean Air Act (42 
                                U.S.C. 7506); or
                                    ``(II) any responsibility imposed 
                                on the Secretary by section 134 or 135.
                    ``(C) Procedural and substantive requirements.--A 
                State shall assume responsibility under this section 
                subject to the same procedural and substantive 
                requirements as would apply if that responsibility were 
                carried out by the Secretary.
                    ``(D) Federal responsibility.--Any responsibility 
                of the Secretary not explicitly assumed by the State by 
                written agreement under this section shall remain the 
                responsibility of the Secretary.
                    ``(E) No effect on authority.--Nothing in this 
                section preempts or interferes with any power, 
                jurisdiction, responsibility, or authority of an 
                agency, other than the Department of Transportation, 
                under applicable law (including regulations) with 
                respect to a project.
    ``(b) State Participation.--
            ``(1) Number of participating states.--The Secretary may 
        permit not more than 5 States (including the State of Oklahoma) 
        to participate in the program.
            ``(2) Application.--Not later than 270 days after the date 
        of enactment of this section, the Secretary shall promulgate 
        regulations that establish requirements relating to information 
        required to be contained in any application of a State to 
        participate in the program, including, at a minimum--
                    ``(A) the projects or classes of projects for which 
                the State anticipates exercising the authority that may 
                be granted under the program;
                    ``(B) verification of the financial resources 
                necessary to carry out the authority that may be 
                granted under the program; and
                    ``(C) evidence of the notice and solicitation of 
                public comment by the State relating to participation 
                of the State in the program, including copies of 
                comments received from that solicitation.
            ``(3) Public notice.--
                    ``(A) In general.--Each State that submits an 
                application under this subsection shall give notice of 
                the intent of the State to participate in the program 
                not later than 30 days before the date of submission of 
                the application.
                    ``(B) Method of notice and solicitation.--The State 
                shall provide notice and solicit public comment under 
                this paragraph by publishing the complete application 
                of the State in accordance with the appropriate public 
                notice law of the State.
            ``(4) Selection criteria.--The Secretary may approve the 
        application of a State under this section only if--
                    ``(A) the regulatory requirements under paragraph 
                (2) have been met;
                    ``(B) the Secretary determines that the State has 
                the capability, including financial and personnel, to 
                assume the responsibility; and
                    ``(C) the head of the State agency having primary 
                jurisdiction over highway matters enters into a written 
                agreement with the Secretary described in subsection 
                (c).
            ``(5) Other federal agency views.--If a State applies to 
        assume a responsibility of the Secretary that would have 
        required the Secretary to consult with another Federal agency, 
        the Secretary shall solicit the views of the Federal agency 
        before approving the application.
    ``(c) Written Agreement.--A written agreement under this section 
shall--
            ``(1) be executed by the Governor or the top-ranking 
        transportation official in the State who is charged with 
        responsibility for highway construction;
            ``(2) be in such form as the Secretary may prescribe;
            ``(3) provide that the State--
                    ``(A) agrees to assume all or part of the 
                responsibilities of the Secretary described in 
                subsection (a);
                    ``(B) expressly consents, on behalf of the State, 
                to accept the jurisdiction of the Federal courts for 
                the compliance, discharge, and enforcement of any 
                responsibility of the Secretary assumed by the State;
                    ``(C) certifies that State laws (including 
                regulations) are in effect that--
                            ``(i) authorize the State to take the 
                        actions necessary to carry out the 
                        responsibilities being assumed; and
                            ``(ii) are comparable to section 552 of 
                        title 5, including providing that any decision 
                        regarding the public availability of a document 
                        under those State laws is reviewable by a court 
                        of competent jurisdiction; and
                    ``(D) agrees to maintain the financial resources 
                necessary to carry out the responsibilities being 
                assumed.
    ``(d) Jurisdiction.--
            ``(1) In general.--The United States district courts shall 
        have exclusive jurisdiction over any civil action against a 
        State for failure to carry out any responsibility of the State 
        under this section.
            ``(2) Legal standards and requirements.--A civil action 
        under paragraph (1) shall be governed by the legal standards 
        and requirements that would apply in such a civil action 
        against the Secretary had the Secretary taken the actions in 
        question.
            ``(3) Intervention.--The Secretary shall have the right to 
        intervene in any action described in paragraph (1).
    ``(e) Effect of Assumption of Responsibility.--A State that assumes 
responsibility under subsection (a)(2) shall be solely responsible and 
solely liable for carrying out, in lieu of the Secretary, the 
responsibilities assumed under subsection (a)(2), until the program is 
terminated as provided in subsection (i).
    ``(f) Limitations on Agreements.--Nothing in this section permits a 
State to assume any rulemaking authority of the Secretary under any 
Federal law.
    ``(g) Audits.--
            ``(1) In general.--To ensure compliance by a State with any 
        agreement of the State under subsection (c)(1) (including 
        compliance by the State with all Federal laws for which 
        responsibility is assumed under subsection (a)(2)), for each 
        State participating in the program under this section, the 
        Secretary shall conduct--
                    ``(A) semiannual audits during each of the first 2 
                years of State participation; and
                    ``(B) annual audits during each subsequent year of 
                State participation.
            ``(2) Public availability and comment.--
                    ``(A) In general.--An audit conducted under 
                paragraph (1) shall be provided to the public for 
                comment.
                    ``(B) Response.--Not later than 60 days after the 
                date on which the period for public comment ends, the 
                Secretary shall respond to public comments received 
                under subparagraph (A).
    ``(h) Report to Congress.--The Secretary shall submit to Congress 
an annual report that describes the administration of the program.
    ``(i) Termination.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        program shall terminate on the date that is 6 years after the 
        date of enactment of this section.
            ``(2) Termination by secretary.--The Secretary may 
        terminate the participation of any State in the program if--
                    ``(A) the Secretary determines that the State is 
                not adequately carrying out the responsibilities 
                assigned to the State;
                    ``(B) the Secretary provides to the State--
                            ``(i) notification of the determination of 
                        noncompliance; and
                            ``(ii) a period of at least 30 days during 
                        which to take such corrective action as the 
                        Secretary determines is necessary to comply 
                        with the applicable agreement; and
                    ``(C) the State, after the notification and period 
                provided under subparagraph (B), fails to take 
                satisfactory corrective action, as determined by 
                Secretary.''.
    (b) Conforming Amendment.--The analysis for chapter 3 of title 23, 
United States Code (as amended by section 1512(b)), is amended by 
inserting after the item relating to section 327 the following:

``328. Surface transportation project delivery pilot program.''.

SEC. 1514. REGULATIONS.

    Except as provided in section 1513, not later than 1 year after the 
date of enactment of this Act, the Secretary shall promulgate 
regulations necessary to implement the amendments made by chapter 1 and 
this chapter.

                        CHAPTER 3--MISCELLANEOUS

SEC. 1521. CRITICAL REAL PROPERTY ACQUISITION.

    Section 108 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(d) Critical Real Property Acquisition.--
            ``(1) In general.--Subject to paragraph (2), funds 
        apportioned to a State under this title may be used to pay the 
        costs of acquiring any real property that is determined to be 
        critical under paragraph (2) for a project proposed for funding 
        under this title.
            ``(2) Reimbursement.--The Federal share of the costs 
        referred to in paragraph (1) shall be eligible for 
        reimbursement out of funds apportioned to a State under this 
        title if, before the date of acquisition, the Secretary 
        determines that--
                    ``(A) the property is offered for sale on the open 
                market;
                    ``(B) in acquiring the property, the State will 
                comply with the Uniform Relocation Assistance and Real 
                Property Acquisition Policies Act of 1970 (42 U.S.C. 
                4601 et seq.); and
                    ``(C) immediate acquisition of the property is 
                critical because--
                            ``(i) based on an appraisal of the 
                        property, the value of the property is 
                        increasing significantly;
                            ``(ii) there is an imminent threat of 
                        development or redevelopment of the property; 
                        and
                            ``(iii) the property is necessary for the 
                        implementation of the goals stated in the 
                        proposal for the project.
            ``(3) Applicable law.--An acquisition of real property 
        under this section shall be considered to be an exempt project 
        under section 176 of the Clean Air Act (42 U.S.C. 7506).
            ``(4) Environmental review.--
                    ``(A) In general.--A project proposed to be 
                conducted under this title shall not be conducted on 
                property acquired under paragraph (1) until any 
                required environmental reviews for the project have 
                been completed.
                    ``(B) Effect on consideration of project 
                alternatives.--The number of critical acquisitions of 
                real property associated with a project shall not 
                affect the consideration of project alternatives during 
                the environmental review process.
            ``(5) Proceeds from the sale or lease of real property.--
        Section 156(c) shall not apply to the sale, use, or lease of 
        any real property acquired under paragraph (1).''.

SEC. 1522. PLANNING CAPACITY BUILDING INITIATIVE.

    Section 104 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(m) Planning Capacity Building Initiative.--
            ``(1) In general.--The Secretary shall carry out a planning 
        capacity building initiative to support enhancements in 
        transportation planning to--
                    ``(A) strengthen the processes and products of 
                metropolitan and statewide transportation planning 
                under this title;
                    ``(B) enhance tribal capacity to conduct joint 
                transportation planning under chapter 2;
                    ``(C) participate in the metropolitan and statewide 
                transportation planning programs under this title; and
                    ``(D) increase the knowledge and skill level of 
                participants in metropolitan and statewide 
                transportation.
            ``(2) Priority.--The Secretary shall give priority to 
        planning practices and processes that support--
                    ``(A) the transportation elements of homeland 
                security planning, including--
                            ``(i) training and best practices relating 
                        to emergency evacuation;
                            ``(ii) developing materials to assist areas 
                        in coordinating emergency management and 
                        transportation officials; and
                            ``(iii) developing training on how planning 
                        organizations may examine security issues;
                    ``(B) performance-based planning, including--
                            ``(i) data and data analysis technologies 
                        to be shared with States, metropolitan planning 
                        organizations, local governments, and 
                        nongovernmental organizations that--
                                    ``(I) participate in transportation 
                                planning;
                                    ``(II) use the data and data 
                                analysis to engage in metropolitan, 
                                tribal, or statewide transportation 
                                planning;
                                    ``(III) involve the public in the 
                                development of transportation plans, 
                                projects, and alternative scenarios; 
                                and
                                    ``(IV) develop strategies to avoid, 
                                minimize, and mitigate the impacts of 
                                transportation facilities and projects; 
                                and
                            ``(ii) improvement of the quality of 
                        congestion management systems, including the 
                        development of--
                                    ``(I) a measure of congestion;
                                    ``(II) a measure of transportation 
                                system reliability; and
                                    ``(III) a measure of induced 
                                demand;
                    ``(C) safety planning, including--
                            ``(i) development of State strategic safety 
                        plans consistent with section 148;
                            ``(ii) incorporation of work zone safety 
                        into planning; and
                            ``(iii) training in the development of data 
                        systems relating to highway safety;
                    ``(D) operations planning, including--
                            ``(i) developing training of the 
                        integration of transportation system operations 
                        and management into the transportation planning 
                        process; and
                            ``(ii) training and best practices relating 
                        to regional concepts of operations;
                    ``(E) freight planning, including--
                            ``(i) modeling of freight at a regional and 
                        statewide level; and
                            ``(ii) techniques for engaging the freight 
                        community with the planning process;
                    ``(F) air quality planning, including--
                            ``(i) assisting new and existing 
                        nonattainment and maintenance areas in 
                        developing the technical capacity to perform 
                        air quality conformity analysis;
                            ``(ii) providing training on areas such as 
                        modeling and data collection to support air 
                        quality planning and analysis;
                            ``(iii) developing concepts and techniques 
                        to assist areas in meeting air quality 
                        performance timeframes; and
                            ``(iv) developing materials to explain air 
                        quality issues to decisionmakers and the 
                        public; and
                    ``(G) integration of environment and planning.
            ``(3) Use of funds.--The Secretary shall use amounts made 
        available under paragraph (4) to 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 for research, program 
        development, information collection and dissemination, and 
        technical assistance.
            ``(4) Set-aside.--
                    ``(A) In general.--On October 1 of each fiscal 
                year, of the funds made available under subsection (a), 
                the Secretary shall set aside $4,000,000 to carry out 
                this subsection.
                    ``(B) Federal share.--The Federal share of the cost 
                of an activity carried out using funds made available 
                under subparagraph (A) shall be 100 percent.
                    ``(C) Availability.--Funds made available under 
                subparagraph (A) shall remain available until 
                expended.''.

                        Subtitle F--Environment

SEC. 1601. ENVIRONMENTAL RESTORATION AND POLLUTION ABATEMENT; CONTROL 
              OF INVASIVE PLANT SPECIES AND ESTABLISHMENT OF NATIVE 
              SPECIES.

    (a) Modification to NHS/STP for Environmental Restoration, 
Pollution Abatement, and Invasive Species.--
            (1) Modifications to national highway system.--Section 
        103(b)(6) of title 23, United States Code, is amended by adding 
        at the end the following:
                    ``(Q) Environmental restoration and pollution 
                abatement in accordance with section 165.
                    ``(R) Control of invasive plant species and 
                establishment of native species in accordance with 
                section 166.''.
            (2) Modifications to surface transportation program.--
        Section 133(b) of title 23, is amended by striking paragraph 
        (14) and inserting the following:
            ``(14) Environmental restoration and pollution abatement in 
        accordance with section 165.
            ``(15) Control of invasive plant species and establishment 
        of native species in accordance with section 166.''.
    (b) Eligible Activities.--Subchapter I of chapter 1 of title 23, 
United States Code, is amended by adding at the end the following:
``Sec. 165. Eligibility for environmental restoration and pollution 
              abatement
    ``(a) In General.--Subject to subsection (b), environmental 
restoration and pollution abatement to minimize or mitigate the impacts 
of any transportation project funded under this title (including 
retrofitting and construction of storm water treatment systems to meet 
Federal and State requirements under sections 401 and 402 of the 
Federal Water Pollution Control Act (33 U.S.C. 1341, 1342)) may be 
carried out to address water pollution or environmental degradation 
caused wholly or partially by a transportation facility.
    ``(b) Maximum Expenditure.--In a case in which a transportation 
facility is undergoing reconstruction, rehabilitation, resurfacing, or 
restoration, the expenditure of funds under this section for 
environmental restoration or pollution abatement described in 
subsection (a) shall not exceed 20 percent of the total cost of the 
reconstruction, rehabilitation, resurfacing, or restoration of the 
facility.
``Sec. 166. Control of invasive plant species and establishment of 
              native species
    ``(a) Definitions.--In this section:
            ``(1) Invasive plant species--The term `invasive plant 
        species' means a nonindigenous species the introduction of 
        which causes or is likely to cause economic or environmental 
        harm or harm to human health.
            ``(2) Native plant species.--The term `native plant 
        species' means, with respect to a particular ecosystem, a 
        species that, other than as result of an introduction, 
        historically occurred or currently occurs in that ecosystem.
    ``(b) Control of Species.--
            ``(1) In general.--In accordance with all applicable 
        Federal law (including regulations), funds made available to 
        carry out this section may be used for--
                    ``(A) participation in the control of invasive 
                plant species; and
                    ``(B) the establishment of native species.
            ``(2) Included activities.--The participation and 
        establishment under paragraph (1) may include--
                    ``(A) participation in statewide inventories of 
                invasive plant species and desirable plant species;
                    ``(B) regional native plant habitat conservation 
                and mitigation;
                    ``(C) native revegetation; and
                    ``(D) training.
            ``(3) Contributions.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                activity described in paragraph (1) may be carried out 
                concurrently with, in advance of, or following the 
                construction of a project funded under this title.
                    ``(B) Condition for activities conducted in advance 
                of project construction.--An activity described in 
                paragraph (1) may be carried out in advance of 
                construction of a project only if the activity is 
                carried out in accordance with all applicable 
                requirements of Federal law (including regulations) and 
                State transportation planning processes.''.
    (c) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code (as amended by section 1406(b)), is 
amended by adding at the end the following:

``165. Eligibility for environmental restoration and pollution 
                            abatement.''.
``166. Control of invasive plant species and establishment of native 
                            species.''.

SEC. 1602. NATIONAL SCENIC BYWAYS PROGRAM.

    (a) In General.--Section 162 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(1), by striking ``the roads as'' and 
        all that follows and inserting ``the roads as--
                    ``(A) National Scenic Byways;
                    ``(B) All-American Roads; or
                    ``(C) America's Byways.'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(A), by striking ``designated 
                as'' and all that follows and inserting ``designated 
                as--
                            ``(i) National Scenic Byways;
                            ``(ii) All-American Roads; or
                            ``(iii) America's Byways; and'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``Byway or All-American Road'' and inserting 
                        ``Byway, All-American Road, or 1 of America's 
                        Byways''; and
                            (ii) in subparagraph (B), by striking 
                        ``designation as a'' and all that follows and 
                        inserting ``designation as--
                            ``(i) a National Scenic Byway;
                            ``(ii) an All-American Road; or
                            ``(iii) 1 of America's Byways; and''; and
            (3) in subsection (c)(4), by striking ``passing lane,''.
    (b) Research, Technical Assistance, Marketing, and Promotion.--
Section 162 of title 23, United States Code, is amended--
            (1) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively;
            (2) by inserting after subsection (c) the following:
    ``(d) Research, Technical Assistance, Marketing, and Promotion.--
            ``(1) In general.--The Secretary may carry out technical 
        assistance, marketing, market research, and promotion with 
        respect to State Scenic Byways, National Scenic Byways, All-
        American Roads, and America's Byways.
            ``(2) Cooperation, grants, and contracts.--The Secretary 
        may make grants to, or enter into contracts, cooperative 
        agreements, and other transactions with, any Federal agency, 
        State agency, authority, association, institution, for-profit 
        or nonprofit corporation, organization, or person, to carry out 
        projects and activities under this subsection.
            ``(3) Funds.--The Secretary may use not more than 
        $2,000,000 for each fiscal year of funds made available for the 
        National Scenic Byways Program to carry out projects and 
        activities under this subsection.
            ``(4) Priority.--The Secretary shall give priority under 
        this subsection to partnerships that leverage Federal funds for 
        research, technical assistance, marketing and promotion.''; and
            (3) in subsection (g) (as redesignated by paragraph (1)), 
        by striking ``80 percent'' and inserting ``the share applicable 
        under section 120(b), as adjusted under subsection (d) of that 
        section''.

SEC. 1603. RECREATIONAL TRAILS PROGRAM.

    (a) Recreational Trails Program Formula.--Section 104(h)(1) of 
title 23, United States Code, is amended--
            (1) by striking ``Whenever'' and inserting the following:
                    ``(A) In general.--In any case in which'';
            (2) by striking ``research and technical assistance under 
        the recreational trails program and for the administration of 
        the National Recreational Trails Advisory Committee'' and 
        inserting ``research, technical assistance, and training under 
        the recreational trails program''; and
            (3) by striking ``The Secretary'' and inserting the 
        following:
                    ``(B) Contracts and agreements.--The Secretary''.
    (b) Recreational Trails Program Administration.--Section 206 of 
title 23, United States Code, is amended--
            (1) in subsection (c)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and indenting 
                appropriately;
                    (B) by striking ``To be eligible for apportionments 
                under this section'' and inserting the following:
            ``(1) In general.--To be eligible for apportionments under 
        this section''; and
                    (C) by adding at the end the following:
            ``(2) Obligation requirement.--If a State does not meet the 
        requirements under paragraph (1) within a fiscal year, the 
        State shall not be eligible for an apportionment in the 
        following fiscal year.'';
            (2) in subsection (d)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(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 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 land, construction of the trails shall 
                be--
                            ``(i) permissible under other law;
                            ``(ii) necessary and recommended by a 
                        statewide comprehensive outdoor recreation plan 
                        that is--
                                    ``(I) required under the Land and 
                                Water Conservation Fund Act of 1965 (16 
                                U.S.C. 460l-4 et seq.); and
                                    ``(II) in effect;
                            ``(iii) approved by the administering 
                        agency of the State designated under subsection 
                        (c)(1)(A); and
                            ``(iv) approved by each Federal agency 
                        having jurisdiction over the affected land, 
                        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--
                                    ``(I) the National Environmental 
                                Policy Act of 1969 (42 U.S.C. 4321 et 
                                seq.);
                                    ``(II) the Forest and Rangeland 
                                Renewable Resources Planning Act of 
                                1974 (16 U.S.C. 1600 et seq.); and
                                    ``(III) 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) use of trail crews, youth conservation or 
                service corps, or other appropriate means to carry out 
                activities under this section;
                    ``(H) development and dissemination of publications 
                and operation of educational programs to promote safety 
                and environmental protection, as those objectives 
                relate to the use of recreational trails, supporting 
                non-law enforcement trail safety and trail use 
                monitoring patrol programs, and providing trail-related 
                training, but in an amount not to exceed 5 percent of 
                the apportionment made to the State for the fiscal 
                year; and
                    ``(I) 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
                    (B) in paragraph (3)--
                            (i) in subparagraph (D), by striking 
                        ``(2)(F)'' and inserting ``(2)(I)''; and
                            (ii) by adding at the end the following:
                    ``(E) Use of youth conservation or service corps.--
                A State shall make available not less than 10 percent 
                of the apportionments of the State to provide grants 
                to, or to enter into cooperative agreements or 
                contracts with, qualified youth conservation or service 
                corps to perform recreational trails program 
                activities.''; and
            (3) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) by inserting ``and the Federal share of 
                        the administrative costs of a State'' after 
                        ``project''; and
                            (ii) by striking ``not exceed 80 percent'' 
                        and inserting in its place ``be determined in 
                        accordance with section 120(b)'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``80 
                        percent of'' and inserting ``the amount 
                        determined in accordance with section 120(b) 
                        for''; and
                            (ii) in subparagraph (B), by inserting 
                        ``sponsoring the project'' after ``Federal 
                        agency'';
                    (C) by striking paragraph (5);
                    (D) by redesignating paragraph (4) as paragraph 
                (5);
                    (E) by inserting after paragraph (3) the following:
            ``(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 to pay 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.''; and
                    (F) in paragraph (5) (as redesignated by 
                subparagraph (D)), by striking ``80 percent'' and 
                inserting ``the Federal share as determined in 
                accordance with section 120(b)''; and
            (4) in subsection (h)--
                    (A) in paragraph (1), by inserting after 
                subparagraph (B) the following:
                    ``(C) Planning and environmental assessment costs 
                incurred prior to project approval.--A project funded 
                under any of subparagraphs (A) through (H) of 
                subsection (d)(2) may permit preapproval planning and 
                environmental compliance costs incurred not more than 
                18 months before project approval to be credited toward 
                the non-Federal share in accordance with subsection 
                (f).''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Waiver of highway program requirements.--A project 
        funded under this section--
                    ``(A) is intended to enhance recreational 
                opportunity;
                    ``(B) is not considered to be a highway project; 
                and
                    ``(C) is not subject to--
                            ``(i) section 112, 114, 116, 134, 135, 138, 
                        217, or 301 of this title; or
                            ``(ii) section 303 of title 49.''.

SEC. 1604. EXEMPTION OF INTERSTATE SYSTEM.

    Subsection 103(c) of title 23, United States Code, is amended by 
adding at the end the following:
            ``(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.--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 would 
                qualify independently 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.''.

SEC. 1605. STANDARDS.

    (a) In General.--Section 109(a) of title 23, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) consider the preservation, historic, scenic, natural 
        environmental, and community values.''.
    (b) Context Sensitive Design.--Section 109 of title 23, United 
States Code, is amended by striking subsection (p) and inserting the 
following:
    ``(p) Context Sensitive Design.--
            ``(1) In general.--The Secretary shall encourage States to 
        design projects funded under this title that--
                    ``(A) allow for the preservation of environmental, 
                scenic, or historic values;
                    ``(B) ensure the safe use of the facility;
                    ``(C) provide for consideration of the context of 
                the locality;
                    ``(D) encourage access for other modes of 
                transportation; and
                    ``(E) comply with subsection (a).
            ``(2) Approval by secretary.--Notwithstanding subsections 
        (b) and (c), the Secretary may approve a project described in 
        paragraph (1) for the National Highway System if the project is 
        designed to achieve the criteria specified in that 
        paragraph.''.

SEC. 1606. USE OF HIGH OCCUPANCY VEHICLE LANES.

    Section 102 of title 23, United States Code, is amended by striking 
subsection (a) and inserting the following:
    ``(a) High Occupancy Vehicle Lane Passenger Requirements.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Responsible agency.--The term `responsible 
                agency' means--
                            ``(i) a State transportation department; 
                        and
                            ``(ii) a local agency in a State that is 
                        responsible for transportation matters.
                    ``(B) Seriously degraded.--The term `seriously 
                degraded', with respect to a high occupancy vehicle 
                lane, means, in the case of a high occupancy vehicle 
                lane, the minimum average operating speed, performance 
                threshold, and associated time period of the high 
                occupancy vehicle lane, calculated and determined 
                jointly by all applicable responsible agencies and 
                based on conditions unique to the roadway, are 
                unsatisfactory.
            ``(2) Requirements.--
                    ``(A) In general.--Subject to subparagraph (B), for 
                each State, 1 or more responsible agencies shall 
                establish the occupancy requirements of vehicles 
                operating on high occupancy vehicle lanes.
                    ``(B) Minimum number of occupants.--Except as 
                provided in paragraph (3), an occupancy requirement 
                established under subparagraph (A) shall--
                            ``(i) require at least 2 occupants per 
                        vehicle for a vehicle operating on a high 
                        occupancy vehicle lane; and
                            ``(ii) in the case of a high occupancy 
                        vehicle lane that traverses an adjacent State, 
                        be established in consultation with the 
                        adjacent State.
            ``(3) Exceptions to hov occupancy requirements.--
                    ``(A) Motorcycles.--For the purpose of this 
                subsection, a motorcycle--
                            ``(i) shall not be considered to be a 
                        single occupant vehicle; and
                            ``(ii) shall be allowed to use a high 
                        occupancy vehicle lane unless a responsible 
                        agency--
                                    ``(I) certifies to the Secretary 
                                the use of a high occupancy vehicle 
                                lane by a motorcycle would create a 
                                safety hazard; and
                                    ``(II) restricts that the use of 
                                the high occupancy vehicle lane by 
                                motorcycles.
                    ``(B) Low emission and energy-efficient vehicles.--
                            ``(i) Definition of low emission and 
                        energy-efficient vehicle.--In this 
                        subparagraph, the term `low emission and 
                        energy-efficient vehicle' means a vehicle that 
                        has been certified by the Administrator of the 
                        Environmental Protection Agency--
                                    ``(I)(aa) to have a 45-mile per 
                                gallon or greater fuel economy highway 
                                rating; or
                                    ``(bb) to qualify as an alternative 
                                fueled vehicle under section 301 of the 
                                Energy Policy Act of 1992 (42 U.S.C. 
                                13211); and
                                    ``(II) as meeting Tier II emission 
                                level established in regulations 
                                promulgated by the Administrator of the 
                                Environmental Protection Agency under 
                                section 202(i) of the Clean Air Act (42 
                                U.S.C. 7521(i)) for that make and model 
                                year vehicle.
                            ``(ii) Exemption for low emission and 
                        energy-efficient vehicles.--A responsible 
                        agency may permit qualifying low emission and 
                        energy-efficient vehicles that do not meet 
                        applicable occupancy requirements (as 
                        determined by the responsible agency) to use 
                        high occupancy vehicle lanes if the responsible 
                        agency--
                                    ``(I) establishes a program that 
                                addresses how those qualifying low 
                                emission and energy-efficient vehicles 
                                are selected and certified;
                                    ``(II) establishes requirements for 
                                labeling qualifying low emission and 
                                energy-efficient vehicles (including 
                                procedures for enforcing those 
                                requirements);
                                    ``(III) continuously monitors, 
                                evaluates, and reports to the Secretary 
                                on performance; and
                                    ``(IV) imposes such restrictions on 
                                the use on high occupancy vehicle lanes 
                                by vehicles that do not satisfy 
                                established occupancy requirements as 
                                are necessary to ensure that the 
                                performance of individual high 
                                occupancy vehicle lanes, and the entire 
                                high occupancy vehicle lane system, 
                                will not become seriously degraded.
                    ``(C) Tolling of vehicles.--
                            ``(i) In general.--A responsible agency may 
                        permit vehicles, in addition to the vehicles 
                        described in paragraphs (A), (B), and (D) that 
                        do not satisfy established occupancy 
                        requirements, to use a high occupancy vehicle 
                        lane only if the responsible agency charges 
                        those vehicles a toll.
                            ``(ii) Applicable authority.--In imposing a 
                        toll under clause (i), a responsible agency 
                        shall--
                                    ``(I) be subject to section 129;
                                    ``(II) establish a toll program 
                                that addresses ways in which motorists 
                                may enroll and participate in the 
                                program;
                                    ``(III) develop, manage, and 
                                maintain a system that will 
                                automatically collect the tolls from 
                                covered vehicles;
                                    ``(IV) continuously monitor, 
                                evaluate, and report on performance of 
                                the system;
                                    ``(V) establish such policies and 
                                procedures as are necessary--
                                            ``(aa) to vary the toll 
                                        charged in order to manage the 
                                        demand for use of high 
                                        occupancy vehicle lanes; and
                                            ``(bb) to enforce 
                                        violations; and
                                    ``(VI) establish procedures to 
                                impose such restrictions on the use of 
                                high occupancy vehicle lanes by 
                                vehicles that do not satisfy 
                                established occupancy requirements as 
                                are necessary to ensure that the 
                                performance of individual high 
                                occupancy vehicle lanes, and the entire 
                                high occupancy vehicle lane system, 
                                will not become seriously degraded.
                    ``(D) Designated public transportation vehicles.--
                            ``(i) Definition of designated public 
                        transportation vehicle.--In this subparagraph, 
                        the term `designated public transportation 
                        vehicle' means a vehicle that--
                                    ``(I) provides designated public 
                                transportation (as defined in section 
                                221 of the Americans with Disabilities 
                                Act of 1990 (42 U.S.C. 12141)); and
                                    ``(II)(aa) is owned or operated by 
                                a public entity; or
                                    ``(bb) is operated under a contract 
                                with a public entity.
                            ``(ii) Use of high occupancy vehicle 
                        lanes.--A responsible agency may permit 
                        designated public transportation vehicles that 
                        do not satisfy established occupancy 
                        requirements to use high occupancy vehicle 
                        lanes if the responsible agency--
                                    ``(I) requires the clear and 
                                identifiable labeling of each 
                                designated public transportation 
                                vehicle operating under a contract with 
                                a public entity with the name of the 
                                public entity on all sides of the 
                                vehicle;
                                    ``(II) continuously monitors, 
                                evaluates, and reports on performance 
                                of those designated public 
                                transportation vehicles; and
                                    ``(III) imposes such restrictions 
                                on the use of high occupancy vehicle 
                                lanes by designated public 
                                transportation vehicles as are 
                                necessary to ensure that the 
                                performance of individual high 
                                occupancy vehicle lanes, and the entire 
                                high occupancy vehicle lane system, 
                                will not become seriously degraded.
                    ``(E) HOV lane management, operation, and 
                monitoring.--
                            ``(i) In general.--A responsible agency 
                        that permits any of the exceptions specified in 
                        this paragraph shall comply with clauses (ii) 
                        and (iii).
                            ``(ii) Performance monitoring, evaluation, 
                        and reporting.--A responsible agency described 
                        in clause (i) shall establish, manage, and 
                        support a performance monitoring, evaluation, 
                        and reporting program under which the 
                        responsible agency continuously monitors, 
                        assesses, and reports on the effects that any 
                        vehicle permitted to use a high occupancy 
                        vehicle lane under an exception under this 
                        paragraph may have on the operation of--
                                    ``(I) individual high occupancy 
                                vehicle lanes; and
                                    ``(II) the entire high occupancy 
                                vehicle lane system.
                            ``(iii) Operation of hov lane or system.--A 
                        responsible agency described in clause (i) 
                        shall limit use of, or cease to use, any of the 
                        exceptions specified in this paragraph if the 
                        presence of any vehicle permitted to use a high 
                        occupancy vehicle lane under an exception under 
                        this paragraph seriously degrades the operation 
                        of--
                                    ``(I) individual high occupancy 
                                vehicle lanes; and
                                    ``(II) the entire high occupancy 
                                vehicle lane system.''.

SEC. 1607. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

    (a) In General.--Section 217 of title 23, United States Code, is 
amended--
            (1) in subsection (a), by inserting ``pedestrian and'' 
        after ``safe'';
            (2) in subsection (e), by striking ``bicycles'' each place 
        it appears and inserting ``pedestrians or bicyclists'';
            (3) by striking subsection (f) and inserting the following:
    ``(f) Federal Share.--The Federal share of the construction of 
bicycle transportation facilities and pedestrian walkways, and for 
carrying out nonconstruction projects relating to safe pedestrian and 
bicycle use, shall be determined in accordance with section 120(b).'';
            (4) by redesignating subsection (j) as subsection (l);
            (5) by inserting after subsection (i) the following:
    ``(j) Bicycle and Pedestrian Safety Grants.--
            ``(1) In general.--The Secretary shall select and make 
        grants to a national, nonprofit organization engaged in 
        promoting bicycle and pedestrian safety--
                    ``(A) to operate a national bicycle and pedestrian 
                clearinghouse;
                    ``(B) to develop information and educational 
                programs regarding walking and bicycling; and
                    ``(C) to disseminate techniques and strategies for 
                improving bicycle and pedestrian safety.
            ``(2) Funding.--The Secretary may use funds apportioned 
        under section 104(n) to carry out this subsection.
            ``(3) Applicability of title 23.--Funds authorized to be 
        appropriated to carry out this subsection shall be available 
        for obligation in the same manner as if the funds were 
        apportioned under section 104, except that the funds shall 
        remain available until expended.
    ``(k) Funds for Bicycle and Pedestrian Safety.--A State shall 
allocate for bicycle and pedestrian improvements in the State a 
percentage of the funds remaining after implementation of sections 
130(e) and 150, in an amount that is equal to or greater than the 
percentage of all fatal crashes in the States involving bicyclists and 
pedestrians.''; and
            (6) in subsection (l) (as redesignated by paragraph (4))--
                    (A) by redesignating paragraph (4) as paragraph 
                (5); and
                    (B) by inserting after paragraph (3) the following:
            ``(4) Shared use path.--The term `shared use path' means a 
        multiuse trail or other path that is--
                    ``(A) physically separated from motorized vehicular 
                traffic by an open space or barrier, either within a 
                highway right-of-way or within an independent right-of-
                way; and
                    ``(B) usable for transportation purposes (including 
                by pedestrians, bicyclists, skaters, equestrians, and 
                other nonmotorized users).''.
    (b) Reservation of Funds.--Section 104 of title 23, United States 
Code (as amended by section 1601(b)), is amended by adding at the end 
the following:
    ``(n) Bicycle and Pedestrian Safety Grants.--On October 1 of each 
of fiscal years 2004 through 2009, the Secretary, after making the 
deductions authorized by subsections (a) and (f), shall set aside 
$500,000 of the remaining funds apportioned under subsection (b)(3) for 
use in carrying out the bicycle and pedestrian safety grant program 
under section 217.''.

SEC. 1608. IDLING REDUCTION FACILITIES IN INTERSTATE RIGHTS-OF-WAY.

    Section 111 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(d) Idling Reduction Facilities in Interstate Rights-of-Way.--
            ``(1) In general.--Notwithstanding subsection (a), a State 
        may--
                    ``(A) permit electrification or other idling 
                reduction facilities and equipment, for use by motor 
                vehicles used for commercial purposes, to be placed in 
                rest and recreation areas, and in safety rest areas, 
                constructed or located on rights-of-way of the 
                Interstate System in the State; and
                    ``(B) may charge, or permit charges, for the use of 
                those facilities.
            ``(2) Purpose.--The exclusive purpose of the facilities 
        described in paragraph (1) (or similar technologies) shall be 
        to enable operators of motor vehicles used for commercial 
        purposes--
                    ``(A) to turn off their engines while parked; and
                    ``(B) to have heating, air conditioning, 
                electricity, and communication services in the vehicle 
                without use of the engine.''.

SEC. 1609. TOLL PROGRAMS.

    (a) Interstate System Reconstruction and Rehabilitation Pilot 
Program.--Section 1216(b) of the Transportation Equity Act for the 21st 
Century (23 U.S.C. 129 note; 112 Stat. 212)--
            (1) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``The Secretary'' and 
                        inserting ``Notwithstanding section 301, the 
                        Secretary''; and
                            (ii) by striking ``that could not otherwise 
                        be adequately maintained or functionally 
                        improved without the collection of tolls'';
                    (B) in paragraph (3), by striking subparagraph (C) 
                and inserting the following:
                    ``(C) An analysis demonstrating that financing the 
                reconstruction or rehabilitation of the facility with 
                the collection of tolls under this pilot program is the 
                most efficient, economical, or expeditious way to 
                advance the project.'';
                    (C) in paragraph (4)--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) the State's analysis showing that financing 
                the reconstruction or rehabilitation of a facility with 
                the collection of tolls under the pilot program is the 
                most efficient, economical, or expeditious way to 
                advance the project;'';
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) the facility needs reconstruction or 
                rehabilitation, including major work that may require 
                replacing sections of the existing facility on new 
                alignment;'';
                            (iii) by striking subparagraph (C); and
                            (iv) by redesignating subparagraphs (D) and 
                        (E) as subparagraphs (C) and (D), respectively;
            (2) is redesignated as subsection (d) of section 129 of 
        title 23, United States Code, and moved to appear at the end of 
        that section; and
            (3) by striking ``of title 23, United States Code'' each 
        place it appears.
    (b) Variable Toll Pricing Program.--Section 129 of title 23, United 
States Code (as amended by subsection (a)(2)), is amended by adding at 
the end the following:
    ``(e) Variable Toll Pricing Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible toll facility.--The term `eligible 
                toll facility' includes--
                            ``(i) a facility in existence on the date 
                        of enactment of this subsection that collects 
                        tolls;
                            ``(ii) a facility in existence on the date 
                        of enactment of this subsection that serves 
                        high occupancy vehicle lanes; and
                            ``(iii) a facility modified or constructed 
                        after the date of enactment of this subsection 
                        to create additional tolled capacity (including 
                        a facility constructed by a private entity or 
                        using private funds).
                    ``(B) Nonattainment area.--The term `nonattainment 
                area' has the meaning given the term in section 171 of 
                the Clean Air Act (42 U.S.C. 7501).
            ``(2) Establishment.--Notwithstanding sections 129 and 301, 
        the Secretary may permit a State, public authority, or a public 
        or private entity designated by a State, to collect a toll from 
        motor vehicles at an eligible toll facility for any highway, 
        bridge, or tunnel, including facilities on the Interstate 
        System--
                    ``(A) to manage high levels of congestion; or
                    ``(B) to reduce emissions in a nonattainment area 
                or maintenance area.
            ``(3) Limitation on use of revenues.--
                    ``(A) In general.--All toll revenues received under 
                paragraph (2) shall be used by a State or public 
                authority for--
                            ``(i) debt service;
                            ``(ii) a reasonable return on investment of 
                        any private financing; and
                            ``(iii) the costs necessary for proper 
                        operation and maintenance of any facilities 
                        under paragraph (2) (including reconstruction, 
                        resurfacing, restoration, and rehabilitation); 
                        and
                            ``(iv) projects eligible for Federal 
                        assistance under this title.
                    ``(B) Requirements.--
                            ``(i) Variable price requirement.--The 
                        Secretary shall require, for each facility that 
                        charges tolls under this subsection, that the 
                        tolls vary in price according to time of day, 
                        as appropriate to manage congestion or improve 
                        air quality.
                            ``(ii) HOV passenger requirements.--In 
                        addition to the exceptions to the high 
                        occupancy vehicle passenger requirements 
                        established under section 102(a)(2), a State 
                        may permit motor vehicles with fewer than 2 
                        occupants to operate in high occupancy vehicle 
                        lanes as part of a variable toll pricing 
                        program established under this subsection.
                    ``(C) Agreement.--
                            ``(i) In general.--Before the Secretary may 
                        permit a facility to charge tolls under this 
                        subsection, the Secretary and the applicable 
                        State or public authority shall enter into an 
                        agreement for each facility incorporating the 
                        conditions described in subparagraphs (A) and 
                        (B).
                            ``(ii) Termination.--An agreement under 
                        clause (i) shall terminate with respect to a 
                        facility upon the decision of the State or 
                        public authority to discontinue the variable 
                        tolling program under this subsection for the 
                        facility.
                            ``(iii) Debt.--If there is any debt 
                        outstanding on a facility at the time at which 
                        the decision is made to discontinue the program 
                        under this subsection with respect to the 
                        facility, the facility may continue to charge 
                        tolls in accordance with the terms of the 
                        agreement until such time as the debt is 
                        retired.
                    ``(D) Limitation on federal share.--The Federal 
                share of the cost of a project on a facility tolled 
                under this subsection, including a project to install 
                the toll collection facility shall be a percentage, not 
                to exceed 80 percent, determined by the applicable 
                State.
            ``(4) Eligibility.--To be eligible to participate in the 
        program under this subsection, a State or public authority 
        shall provide to the Secretary--
                    ``(A) a description of the congestion or air 
                quality problems sought to be addressed under the 
                program;
                    ``(B) a description of--
                            ``(i) the goals sought to be achieved under 
                        the program; and
                            ``(ii) the performance measures that would 
                        be used to gauge the success made toward 
                        reaching those goals; and
                    ``(C) such other information as the Secretary may 
                require.
    ``(f) Automation.--A facility created or modified under this 
section shall use an electronic toll collection system that uses a 
transponder or other means to specify an account for the purposes of 
collecting a toll as a vehicle passes through the collection facility.
    ``(g) Interoperability.--
            ``(1) Rule.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this subsection, the Secretary 
                shall promulgate a final rule specifying requirements, 
                standards, or performance specifications for automated 
                toll collection systems implemented under this section.
                    ``(B) Development.--In developing that rule, which 
                shall be designed to maximize the interoperability of 
                electronic collection systems, the Secretary shall, to 
                the maximum extent practicable--
                            ``(i) seek to accelerate progress toward 
                        the national goal of achieving a nationwide 
                        interoperable electronic toll collection 
                        system;
                            ``(ii) take into account the use of 
                        transponders currently deployed within an 
                        appropriate geographical area of travel and the 
                        transponders likely to be in use within the 
                        next 5 years; and
                            ``(iii) seek to minimize additional costs 
                        and maximize convenience to users of toll 
                        facility and to the toll facility owner or 
                        operator.
            ``(2) Future modifications.--As the state of technology 
        progresses, the Secretary shall modify the rule promulgated 
        under paragraph (1)(A), as appropriate.''.
    (c) Conforming Amendments.--
            (1) In general.--Section 1012 of the Intermodal Surface 
        Transportation Efficiency Act (23 U.S.C. 149 note; 105 Stat. 
        1938; 112 Stat. 211) is amended by striking subsection (b).
            (2) Continuation of program.--Notwithstanding the amendment 
        made by paragraph (1), the Secretary shall monitor and allow 
        any value pricing program established under a cooperative 
        agreement in effect on the day before the date of enactment of 
        this Act to continue.

SEC. 1610. FEDERAL REFERENCE METHOD.

    (a) In General.--Section 6102 of the Transportation Equity Act for 
the 21st Century (42 U.S.C. 7407 note; 112 Stat. 464) is amended by 
striking subsection (e) and inserting the following:
    ``(e) Field Study.--Not later than 2 years after the date of 
enactment of the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2003, the Administrator shall--
            ``(1) conduct a field study of the ability of the 
        PM<INF>2.5</INF> Federal Reference Method to differentiate 
        those particles that are larger than 2.5 micrometers in 
        diameter;
            ``(2) develop a Federal reference method to measure 
        directly particles that are larger than 2.5 micrometers in 
        diameter without reliance on subtracting from coarse particle 
        measurements those particles that are equal to or smaller than 
        2.5 micrometers in diameter;
            ``(3) develop a method of measuring the composition of 
        coarse particles; and
            ``(4) submit a report on the study and responsibilities of 
        the Administrator under paragraphs (1) through (3) to--
                    ``(A) the Committee on Commerce of the House of 
                Representatives; and
                    ``(B) the Committee on Environment and Public Works 
                of the Senate.''.

SEC. 1611. ADDITION OF PARTICULATE MATTER AREAS TO CMAQ.

    Section 104(b)(2) of title 23, United States Code, is amended--
            (1) in subparagraph B--
                    (A) in the matter preceding clause (i), by striking 
                ``ozone or carbon monoxide'' and inserting ``ozone, 
                carbon monoxide, or fine particulate matter 
                (PM<INF>2.5</INF>)'';
                    (B) by striking clause (i) and inserting the 
                following:
                            ``(i) 1.0, if at the time of apportionment, 
                        the area is a maintenance area;'';
                    (C) in clause (vi), by striking ``or'' after the 
                semicolon; and
                    (D) in clause (vii), by striking ``area as 
                described in section 149(b) for ozone,'' and inserting 
                ``area for ozone (as described in section 149(b)) or 
                for PM-2.5'';
            (2) by adding at the end the following:
                            ``(viii) 1.0 if, at the time of 
                        apportionment, any county that is not 
                        designated as a nonattainment or maintenance 
                        area under the 1-hour ozone standard is 
                        designated as nonattainment under the 8-hour 
                        ozone standard;
                            ``(ix) 1.2 if, at the time of 
                        apportionment, the area is not a nonattainment 
                        or maintenance area as described in section 
                        149(b) for ozone or carbon monoxide, but is an 
                        area designated nonattainment under the PM-2.5 
                        standard.'';
            (3) by striking subparagraph (C) and inserting the 
        following:
                    ``(C) Additional adjustment for carbon monoxide 
                areas.--If, in addition to being designated as a 
                nonattainment or maintenance area for ozone as 
                described in section 149(b), any county within the area 
                was also classified under subpart 3 of part D of title 
                I of the Clean Air Act (42 U.S.C. 7512 et seq.) as a 
                nonattainment or maintenance area described in section 
                149(b) for carbon monoxide, the weighted nonattainment 
                or maintenance area population of the county, as 
                determined under clauses (i) through (vi) or clause 
                (viii) of subparagraph (B), shall be further multiplied 
                by a factor of 1.2.'';
            (4) by redesignating subparagraph (D) and (E) as 
        subparagraphs (E) and (F) respectively; and
            (5) by inserting after subparagraph (C) the following:
                    ``(D) Additional adjustment for pm 2.5 areas.--If, 
                in addition to being designated as a nonattainment or 
                maintenance area for ozone or carbon monoxide, or both 
                as described in section 149(b), any county within the 
                area was also designated under the PM-2.5 standard as a 
                nonattainment or maintenance area, the weighted 
                nonattainment or maintenance area population of those 
                counties shall be further multiplied by a factor of 
                1.2.''.

SEC. 1612. ADDITION TO CMAQ-ELIGIBLE PROJECTS.

    (a) Eligible Projects.--Section 149(b) of title 23, United States 
Code, is amended--
            (1) in paragraph (4), by striking ``or'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(6) if the project or program is for the purchase of 
        alternative fuel (as defined in section 301 of the Energy 
        Policy Act of 1992 (42 U.S.C. 13211)) or biodiesel.''.
    (b) States Receiving Minimum Apportionment.--Section 149(c) of 
title 23, United States Code, is amended--
            (1) in paragraph (1), by striking ``for any project 
        eligible under the surface transportation program under section 
        133.'' and inserting the following: ``for any project in the 
        State that--
                    ``(A) would otherwise be eligible under this 
                section as if the project were carried out in a 
                nonattainment or maintenance area; or
                    ``(B) is eligible under the surface transportation 
                program under section 133.''; and
            (2) in paragraph (2), by striking ``for any project in the 
        State eligible under section 133.'' and inserting the 
        following: ``for any project in the State that--
                    ``(A) would otherwise be eligible under this 
                section as if the project were carried out in a 
                nonattainment or maintenance area; or
                    ``(B) is eligible under the surface transportation 
                program under section 133.''.

SEC. 1613. IMPROVED INTERAGENCY CONSULTATION.

    Section 149 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(g) Interagency Consultation.--The Secretary shall encourage 
States and metropolitan planning organizations to consult with State 
and local air quality agencies in nonattainment and maintenance areas 
on the estimated emission reductions from proposed congestion 
mitigation and air quality improvement programs and projects.''.

SEC. 1614. EVALUATION AND ASSESSMENT OF CMAQ PROJECTS.

    Section 149 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(h) Evaluation and Assessment of Projects.--
            ``(1) In general.--The Secretary, in consultation with the 
        Administrator of the Environmental Protection Agency, shall 
        evaluate and assess a representative sample of projects funded 
        under the congestion mitigation and air quality program to--
                    ``(A) determine the direct and indirect impact of 
                the projects on air quality and congestion levels; and
                    ``(B) ensure the effective implementation of the 
                program.
            ``(2) Database.--Using appropriate assessments of projects 
        funded under the congestion mitigation and air quality program 
        and results from other research, the Secretary shall maintain 
        and disseminate a cumulative database describing the impacts of 
        the projects.
            ``(3) Consideration.--The Secretary, in consultation with 
        the Administrator of the Environmental Protection Agency, shall 
        consider the recommendations and findings of the report 
        submitted to Congress under section 1110(e) of the 
        Transportation Equity Act for the 21st Century (112 Stat. 144), 
        including recommendations and findings that would improve the 
        operation and evaluation of the congestion mitigation and air 
        quality improvement program under section 149.''.

SEC. 1615. SYNCHRONIZED PLANNING AND CONFORMITY TIMELINES, 
              REQUIREMENTS, AND HORIZON.

    (a) Metropolitan Planning.--
            (1) Development of long-range transportation plan.--Section 
        134(g)(1) of title 23, United States Code, is amended by 
        striking ``periodically, according to a schedule that the 
        Secretary determines to be appropriate,'' and inserting ``every 
        4 years in areas designated as nonattainment, as defined in 
        section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)), and in 
        areas that were nonattainment that have been redesignated to 
        attainment in accordance with section 107(d)(3) of that Act (42 
        U.S.C. 7407(d)(3)), with a maintenance plan under section 175A 
        of that Act (42 U.S.C. 7505a), or every 5 years in areas 
        designated as attainment (as defined in section 107(d) of that 
        Act (42 U.S.C. 7407(d))),''.
            (2) Metropolitan transportation improvement program.--
        Section 134(h) of title 23, United States Code, is amended--
                    (A) in paragraph (1)(D), by striking ``2 years'' 
                and inserting ``4 years''; and
                    (B) in paragraph (2)(A), by striking ``3-year'' and 
                inserting ``4-year''.
            (3) Statewide transportation improvement program.--Section 
        135(f)(1)(A) of title 23, United States Code, is amended by 
        inserting after ``program'' the following: ``(which program 
        shall cover a period of 4 years and be updated every 4 
        years)''.
            (4) Final regulations.--Not later than 18 months after the 
        date of enactment of the Safe, Accountable, Flexible, and 
        Efficient Transportation Equity Act of 2003, the Secretary 
        shall promulgate regulations that are consistent with the 
        amendments made by this subsection.
    (b) Synchronized Conformity Determination.--Section 176(c) of the 
Clean Air Act (42 U.S.C. 7506(c)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``(2) Any transportation plan'' and 
                inserting the following:
            ``(2) Transportation plans and programs.--Any 
        transportation plan'';
                    (B) in subparagraph (C)(iii), by striking the 
                period at the end and inserting a semicolon;
                    (C) in subparagraph (D)--
                            (i) by striking ``Any project'' and 
                        inserting ``any transportation project''; and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(E) the appropriate metropolitan planning 
                organization shall redetermine conformity of existing 
                transportation plans and programs not later than 2 
                years after the date on which the Administrator--
                            ``(i) finds a motor vehicle emissions 
                        budget to be adequate in accordance with 
                        section 93.118(e)(4) of title 40, Code of 
                        Federal Regulations (as in effect on October 1, 
                        2003);
                            ``(ii) approves an implementation plan that 
                        establishes a motor vehicle emissions budget, 
                        if that budget has not yet been used in a 
                        conformity determination prior to approval; or
                            ``(iii) promulgates an implementation plan 
                        that establishes or revises a motor vehicle 
                        emissions budget.'';
            (2) in paragraph (4)(B)(ii), by striking ``but in no case 
        shall such determinations for transportation plans and programs 
        be less frequent than every 3 years; and'' and inserting ``but 
        the frequency for making conformity determinations on updated 
        transportation plans and programs shall be every 4 years, 
        except in a case in which--
                                    ``(I) the metropolitan planning 
                                organization elects to update a 
                                transportation plan or program more 
                                frequently; or
                                    ``(II) the metropolitan planning 
                                organization is required to determine 
                                conformity in accordance with paragraph 
                                (2)(E); and'';
            (3) in paragraph (4)(B)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iv) address the effects of the most 
                        recent population, economic, employment, 
                        travel, transit ridership, congestion, and 
                        induced travel demand information in the 
                        development and application of the latest 
                        travel and emissions models.'';
            (4) by adding at the end the following:
            ``(7) Conformity horizon for transportation plans.--
                    ``(A) In general.--For the purposes of this 
                section, a transportation plan in a nonattainment or 
                maintenance area shall be considered to be a 
                transportation plan or a portion of a transportation 
                plan that extends for the longest of the following 
                periods:
                            ``(i) The first 10-year period of any such 
                        transportation plan.
                            ``(ii) The latest year in the 
                        implementation plan applicable to the area that 
                        contains a motor vehicle emission budget.
                            ``(iii) The year after the completion date 
                        of a regionally significant project, if the 
                        project requires approval before the subsequent 
                        conformity determination.
                    ``(B) Exception.--In a case in which an area has a 
                revision to an implementation plan under section 
                175A(b) and the Administrator has found the motor 
                vehicle emissions budgets from that revision to be 
                adequate in accordance with section 93.118(e)(4) of 
                title 40, Code of Federal Regulations (as in effect on 
                October 1, 2003), or has approved the revision, the 
                transportation plan shall be considered to be a 
                transportation plan or portion of a transportation plan 
                that extends through the last year of the 
                implementation plan required under section 175A(b).
            ``(8) Definitions.--In this subsection:
                    ``(A) Regionally significant project.--
                            ``(i) In general.--The term `regionally 
                        significant project' means a transportation 
                        project that is on a facility that serves a 
                        regional transportation need, including--
                                    ``(I) access to and from the area 
                                outside of the region;
                                    ``(II) access to and from major 
                                planned developments, including new 
                                retail malls, sports complexes, or 
                                transportation terminals; and
                                    ``(III) most transportation 
                                terminals.
                            ``(ii) Principal arterials and fixed 
                        guideways.--The term `regionally significant 
                        project' includes, at a minimum--
                                    ``(I) all principal arterial 
                                highways; and
                                    ``(II) all fixed guideway transit 
                                facilities that offer an alternative to 
                                regional highway travel.
                            ``(iii) Additional projects.--The 
                        interagency consultation process and procedures 
                        described in section 93.105(c) of title 40, 
                        Code of Federal Regulations (as in effect on 
                        October 1, 2003), shall be used to make 
                        determinations as to whether minor arterial 
                        highways and other transportation projects 
                        should be considered `regionally significant 
                        projects'.
                            ``(iv) Exclusions.--The term `regionally 
                        significant project' does not include any 
                        project of a type listed in sections 93.126 or 
                        127 of title 40, Code of Federal Regulations 
                        (as in effect on October 1, 2003).
                    ``(B) Significant revision.--The term `significant 
                revision' means--
                            ``(i) with respect to a regionally 
                        significant project, a significant change in 
                        design concept or scope to the project; and
                            ``(ii) with respect to any other kind of 
                        project, a change that converts a project that 
                        is not a regionally significant project into a 
                        regionally significant project.
                    ``(C) Transportation project.--The term 
                `transportation project' includes only a project that 
                is--
                            ``(i) a regionally significant project; or
                            ``(ii) a project that makes a significant 
                        revision to an existing project.''; and
            (5) in the matter following paragraph (3)(B), by inserting 
        ``transportation'' before ``project'' each place it appears.

SEC. 1616. TRANSITION TO NEW AIR QUALITY STANDARDS.

    Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) is amended 
by striking paragraph (3) and inserting the following:
            ``(3) Methods of conformity determination before budget is 
        available.--
                    ``(A) In general.--Until such time as a motor 
                vehicle emission budget from an implementation plan 
                submitted for a national ambient air quality standard 
                is determined to be adequate in accordance with section 
                93.118(e)(4) of title 40, Code of Federal Regulations 
                (as in effect on October 1, 2003), or the submitted 
                implementation plan is approved, conformity of such a 
                plan, program, or project shall be demonstrated, as 
                selected through the consultation process required 
                under paragraph (4)(D)(i), with--
                            ``(i) a motor vehicle emission budget that 
                        has been found adequate in accordance with 
                        section 93.118(e)(4) of title 40, Code of 
                        Federal Regulations (as in effect on October 1, 
                        2003), or that has been approved, from an 
                        implementation plan for the most recent prior 
                        applicable national ambient air quality 
                        standard addressing the same pollutant; or
                            ``(ii) other such tests as the 
                        Administrator shall determine to ensure that--
                                    ``(I) the transportation plan or 
                                program--
                                            ``(aa) is consistent with 
                                        the most recent estimates of 
                                        mobile source emissions;
                                            ``(bb) provides for the 
                                        expeditious implementation of 
                                        transportation control measures 
                                        in the applicable 
                                        implementation plan; and
                                            ``(cc) with respect to an 
                                        ozone or carbon monoxide 
                                        nonattainment area, contributes 
                                        to annual emissions reductions 
                                        consistent with sections 
                                        182(b)(1) and 187(a)(7); and
                                    ``(II) the transportation project--
                                            ``(aa) comes from a 
                                        conforming transportation plan 
                                        and program described in this 
                                        subparagraph; and
                                            ``(bb) in a carbon monoxide 
                                        nonattainment area, eliminates 
                                        or reduces the severity and 
                                        number of violations of the 
                                        carbon monoxide standards in 
                                        the area substantially affected 
                                        by the project.
                    ``(B) Determination for a transportation project in 
                a carbon monoxide nonattainment area.--A determination 
                under subparagraph (A)(ii)(II)(bb) may be made as part 
                of either the conformity determination for the 
                transportation program or for the individual project 
                taken as a whole during the environmental review phase 
                of project development.''.

SEC. 1617. REDUCED BARRIERS TO AIR QUALITY IMPROVEMENTS.

    Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) (as amended 
by section 1615(b)(4)) is amended--
            (1) by redesignating paragraph (8) as paragraph (9); and
            (2) by inserting after paragraph (7) the following:
            ``(8) Substitution for transportation control measures.--
                    ``(A) In general.--Transportation control measures 
                that are specified in an implementation plan may be 
                replaced or added to the implementation plan with 
                alternate or additional transportation control measures 
                if--
                            ``(i) the substitute measures achieve 
                        equivalent or greater emissions reductions than 
                        the control measure to be replaced, as 
                        demonstrated with an analysis that is 
                        consistent with the current methodology used 
                        for evaluating the replaced control measure in 
                        the implementation plan;
                            ``(ii) the substitute control measures are 
                        implemented--
                                    ``(I) in accordance with a schedule 
                                that is consistent with the schedule 
                                provided for control measures in the 
                                implementation plan; or
                                    ``(II) if the implementation plan 
                                date for implementation of the control 
                                measure to be replaced has passed, as 
                                soon as practicable after the 
                                implementation plan date but not later 
                                than the date on which emission 
                                reductions are necessary to achieve the 
                                purpose of the implementation plan;
                            ``(iii) the substitute and additional 
                        control measures are accompanied with evidence 
                        of adequate personnel, funding, and authority 
                        under State or local law to implement, monitor, 
                        and enforce the control measures;
                            ``(iv) the substitute and additional 
                        control measures were developed through a 
                        collaborative process that included--
                                    ``(I) participation by 
                                representatives of all affected 
                                jurisdictions (including local air 
                                pollution control agencies, the State 
                                air pollution control agency, and State 
                                and local transportation agencies);
                                    ``(II) consultation with the 
                                Administrator; and
                                    ``(III) reasonable public notice 
                                and opportunity for comment; and
                            ``(v) the metropolitan planning 
                        organization, State air pollution control 
                        agency, and the Administrator concur with the 
                        equivalency of the substitute or additional 
                        control measures.
                    ``(B) Adoption.--After carrying out subparagraph 
                (A), a State shall adopt the substitute or additional 
                transportation control measure in the applicable 
                implementation plan.
                    ``(C) No requirement for express permission.--The 
                substitution or addition of a transportation control 
                measure in accordance with this paragraph shall not be 
                contingent on there being any provision in the 
                implementation plan that expressly permits such a 
                substitution or addition.
                    ``(D) No requirement for new conformity 
                determination.--The substitution or addition of a 
                transportation control measure in accordance with this 
                paragraph shall not require--
                            ``(i) a new conformity determination for 
                        the transportation plan; or
                            ``(ii) a revision of the implementation 
                        plan.
                    ``(E) Continuation of control measure being 
                replaced.--A control measure that is being replaced by 
                a substitute control measure under this paragraph shall 
                remain in effect until the substitute control measure 
                is approved.
                    ``(F) Effect of adoption.--Adoption of a substitute 
                control measure shall constitute rescission of the 
                previously applicable control measure.''.

SEC. 1618. AIR QUALITY MONITORING DATA INFLUENCED BY EXCEPTIONAL 
              EVENTS.

    (a) In General.--Section 319 of the Clean Air Act (42 U.S.C. 7619) 
is amended--
            (1) by striking the section heading and all that follows 
        through ``after notice and opportunity for public hearing'' and 
        inserting the following:

``SEC. 319. AIR QUALITY MONITORING.

    ``(a) In General.--After notice and opportunity for public 
hearing''; and
            (2) by adding at the end the following:
    ``(b) Air Quality Monitoring Data Influenced by Exceptional 
Events.--
            ``(1) Definition of exceptional event.--In this section:
                    ``(A) In general.--The term `exceptional event' 
                means an event that--
                            ``(i) affects air quality;
                            ``(ii) is not reasonably controllable or 
                        preventable;
                            ``(iii) is--
                                    ``(I) a natural event; or
                                    ``(II) an event caused by human 
                                activity that is unlikely to recur at a 
                                particular location; and
                            ``(iv) is determined by the Administrator 
                        through the process established in the 
                        regulations promulgated under paragraph (2) to 
                        be an exceptional event.
                    ``(B) Exclusions.--The term `exceptional event' 
                does not include--
                            ``(i) stagnation of air masses or 
                        meteorological inversions;
                            ``(ii) a meteorological event involving 
                        high temperatures or lack of precipitation; or
                            ``(iii) air pollution relating to source 
                        noncompliance.
            ``(2) Regulations.--
                    ``(A) Proposed regulations.--Not later than March 
                1, 2005, after consultation with Federal land managers 
                and State air pollution control agencies, the 
                Administrator shall publish in the Federal Register 
                proposed regulations governing the review and handling 
                of air quality monitoring data influenced by 
                exceptional events.
                    ``(B) Final regulations.--Not later than 1 year 
                after the date on which the Administrator publishes 
                proposed regulations under subparagraph (A), and after 
                providing an opportunity for interested persons to make 
                oral presentations of views, data, and arguments 
                regarding the proposed regulations, the Administrator 
                shall promulgate final regulations governing the review 
                and handling or air quality monitoring data influenced 
                by an exceptional event that are consistent with 
                paragraph (3).
            ``(3) Principles and requirements.--
                    ``(A) Principles.--In promulgating regulations 
                under this section, the Administrator shall follow--
                            ``(i) the principle that protection of 
                        public health is the highest priority;
                            ``(ii) the principle that timely 
                        information should be provided to the public in 
                        any case in which the air quality is unhealthy;
                            ``(iii) the principle that all ambient air 
                        quality data should be included in a timely 
                        manner, an appropriate Federal air quality 
                        database that is accessible to the public;
                            ``(iv) the principle that each State must 
                        take necessary measures to safeguard public 
                        health regardless of the source of the air 
                        pollution; and
                            ``(v) the principle that air quality data 
                        should be carefully screened to ensure that 
                        events not likely to recur are represented 
                        accurately in all monitoring data and analyses.
                    ``(B) Requirements.--Regulations promulgated under 
                this section shall, at a minimum, provide that--
                            ``(i) the occurrence of an exceptional 
                        event must be demonstrated by reliable, 
                        accurate data that is promptly produced and 
                        provided by Federal, State, or local government 
                        agencies;
                            ``(ii) a clear causal relationship must 
                        exist between the measured exceedances of a 
                        national ambient air quality standard and the 
                        exceptional event to demonstrate that the 
                        exceptional event caused a specific air 
                        pollution concentration at a particular air 
                        quality monitoring location;
                            ``(iii) there is a public process for 
                        determining whether an event is exceptional; 
                        and
                            ``(iv) there are criteria and procedures 
                        for the Governor of a State to petition the 
                        Administrator to exclude air quality monitoring 
                        data that is directly due to exceptional events 
                        from use in determinations by the Environmental 
                        Protection Agency with respect to exceedances 
                        or violations of the national ambient air 
                        quality standards.
            ``(4) Interim provision.--Until the effective date of a 
        regulation promulgated under paragraph (2), the following 
        guidance issued by the Administrator shall continue to apply:
                    ``(A) Guidance on the identification and use of air 
                quality data affected by exceptional events (July 
                1986).
                    ``(B) Areas affected by PM-10 natural events, May 
                30, 1996.
                    ``(C) Appendices I, K, and N to part 50 of title 
                40, Code of Federal Regulations.''.

SEC. 1619. CONFORMING AMENDMENTS.

    Section 176(c)(4) of the Clean Air Act (42 U.S.C. 7506(c)(4) is 
amended--
            (1) by redesignating subparagraphs (B) through (D) as 
        subparagraphs (D) through (F), respectively;
            (2) by striking ``(4)(A) No later than one year after the 
        date of enactment of the Clean Air Act Amendments of 1990, the 
        Administrator shall promulgate'' and inserting the following:
            ``(4) Criteria and procedures for determining conformity.--
                    ``(A) In general.--The Administrator shall 
                promulgate, and periodically update,'';
            (3) in subparagraph (A)--
                    (A) in the second sentence, by striking ``No later 
                than one year after such date of enactment, the 
                Administrator, with the concurrence of the Secretary of 
                Transportation, shall promulgate'' and inserting the 
                following:
                    ``(B) Transportation plans, programs, and 
                projects.--The Administrator, with the concurrence of 
                the Secretary of Transportation, shall promulgate, and 
                periodically update,''; and
                    (B) in the third sentence, by striking ``A suit'' 
                and inserting the following:
                    ``(C) Civil action to compel promulgation.--A civil 
                action''; and
            (4) by striking subparagraph (E) (as redesignated by 
        paragraph (1)) and inserting the following:
                    ``(E) Inclusion of criteria and procedures in 
                sip.--Not later than 2 years after the date of 
                enactment of the Safe, Accountable, Flexible, and 
                Efficient Transportation Equity Act of 2003, the 
                procedures under subparagraph (A) shall include a 
                requirement that each State include in the State 
                implementation plan criteria and procedures for 
                consultation in accordance with the Administrator's 
                criteria and procedures for consultation required by 
                subparagraph (D)(i).''.

SEC. 1620. HIGHWAY STORMWATER DISCHARGE MITIGATION PROGRAM.

    (a) Highway Stormwater Mitigation Projects.--Section 133(d) of 
title 23, United States Code (as amended by section 1401(a)(2)(B)), is 
amended by adding at the end the following:
            ``(5) Highway stormwater discharge mitigation projects.--Of 
        the amount apportioned to a State under section 104(b)(3) for a 
        fiscal year, 2 percent shall be available only for projects and 
        activities carried out under section 167.''.
    (b) Highway Stormwater Discharge Mitigation Program.--Subchapter I 
of chapter 1 of title 23, United States Code (as amended by section 
1601(a)), is amended by adding at the end the following:
``Sec. 167. Highway stormwater discharge mitigation program
    ``(a) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Eligible mitigation project.--The term `eligible 
        mitigation project' means a practice or technique that--
                    ``(A) improves stormwater discharge water quality;
                    ``(B) attains preconstruction hydrology;
                    ``(C) promotes infiltration of stormwater into 
                groundwater;
                    ``(D) recharges groundwater;
                    ``(E) minimizes stream bank erosion;
                    ``(F) promotes natural filters;
                    ``(G) otherwise mitigates water quality impacts of 
                highway stormwater discharges, improves surface water 
                quality, or enhances groundwater recharge; or
                    ``(H) reduces flooding caused by highway stormwater 
                discharge.
            ``(3) Federal-aid highway and associated facility.--The 
        term `Federal-aid highway and associated facility' means--
                    ``(A) a Federal-aid highway; or
                    ``(B) a facility or land owned by a State (or 
                political subdivision of a State) that is directly 
                associated with the Federal-aid highway.
            ``(4) Highway stormwater discharge.--The term `highway 
        stormwater discharge' means stormwater discharge from a 
        Federal-aid highway, or a Federal-aid highway and associated 
        facility, that was constructed before the date of enactment of 
        this section.
            ``(5) Highway stormwater discharge mitigation.--The term 
        `highway stormwater discharge mitigation' means--
                    ``(A) the reduction of water quality impacts of 
                stormwater discharges from Federal-aid highways or 
                Federal-aid highways and associated facilities; or
                    ``(B) the enhancement of groundwater recharge from 
                stormwater discharges from Federal-aid highways or 
                Federal-aid highways and associated facilities.
            ``(6) Program.--The term `program' means the highway 
        stormwater discharge mitigation program established under 
        subsection (b).
    ``(b) Establishment.--The Secretary shall establish a highway 
stormwater discharge mitigation program--
            ``(1) to improve the quality of stormwater discharge from 
        Federal-aid highways or Federal-aid highways and associated 
        facilities; and
            ``(2) to enhance groundwater recharge.
    ``(c) Priority of Projects.--For projects funded from the 
allocation under section 133(d)(6), a State shall give priority to 
projects sponsored by a State or local government that assist the State 
or local government in complying with the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.).
    ``(d) Guidance.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Secretary, in consultation 
        with the Administrator, shall issue guidance to assist States 
        in carrying out this section.
            ``(2) Requirements for guidance.--The guidance issued under 
        paragraph (1) shall include information concerning innovative 
        technologies and nonstructural best management practices to 
        mitigate highway stormwater discharges.''.
    (c) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code (as amended by section 1601(b), is 
amended by inserting after the item relating to section 166 the 
following:

``167. Highway stormwater discharge mitigation program.''.

                         Subtitle G--Operations

SEC. 1701. TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.

    (a) Surface Transportation Program Eligibility.--Section 133(b) of 
title 23, United States Code (as amended by section 1601(a)(2)), is 
amended by adding at the end the following:
            ``(16) Regional transportation operations collaboration and 
        coordination activities that are associated with regional 
        improvements, such as traffic incident management, technology 
        deployment, emergency management and response, traveler 
        information, and regional congestion relief.
            ``(17) Rush hour congestion relief.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                State may spend not more than 2 percent of the funds 
                apportioned under this section to reduce traffic delays 
                caused by motor vehicle accidents and breakdowns on 
                highways during peak driving times.
                    ``(B) Use of funds.--A State, metropolitan planning 
                organization, or local government may use the funds 
                under subparagraph (A)--
                            ``(i) to develop a region-wide coordinated 
                        plan to mitigate traffic delays caused by motor 
                        vehicle accidents and breakdowns;
                            ``(ii) to purchase or lease 
                        telecommunications equipment for first 
                        responders;
                            ``(iii) to purchase or lease towing and 
                        recovery services;
                            ``(iv) to pay contractors for towing and 
                        recovery;
                            ``(v) to rent vehicle storage areas 
                        adjacent to roadways;
                            ``(vi) to fund service patrols, equipment, 
                        and operations;
                            ``(vii) to purchase incident detection 
                        equipment;
                            ``(viii) to carry out training.''.
    (b) Congestion Mitigation and Air Quality Improvement Program 
Eligibility.--Section 149(b)(5) of title 23, United States Code, is 
amended by inserting ``improve transportation systems management and 
operations,'' after ``intersections,''.
    (c) Transportation Systems Management and Operations.--
            (1) In general.--Subchapter I of chapter 1 of title 23, 
        United States Code (as amended by section 1620(b)), is amended 
        by adding at the end the following:
``Sec. 168. Transportation systems management and operations
    ``(a) In General.--The Secretary shall carry out a transportation 
systems management and operations program to--
            ``(1) ensure efficient and effective transportation systems 
        management and operations on Federal-aid highways through 
        collaboration, coordination, and real-time information sharing 
        at a regional and Statewide level among--
                    ``(A) managers and operators of major modes of 
                transportation;
                    ``(B) public safety officials; and
                    ``(C) the general public; and
            ``(2) manage and operate Federal-aid highways in a 
        coordinated manner to preserve the capacity and maximize the 
        performance of highway and transit facilities for travelers and 
        carriers.
    ``(b) Authorized Activities.--
            ``(1) In general.--In carrying out the program under 
        subsection (a), the Secretary may carry out activities to--
                    ``(A) encourage managers and operators of major 
                modes of transportation, public safety officials, and 
                transportation planners in urbanized areas that are 
                responsible for conducting the day-to-day management, 
                operations, public safety, and planning of 
                transportation facilities and services to collaborate 
                on and coordinate, on a regional level and in a 
                continuous and sustained manner, improved 
                transportation systems management and operations; and
                    ``(B) encourage States to--
                            ``(i) establish a system of basic real-time 
                        monitoring for the surface transportation 
                        system; and
                            ``(ii) provide the means to share the data 
                        gathered under clause (i) among--
                                    ``(I) highway, transit, and public 
                                safety agencies;
                                    ``(II) jurisdictions (including 
                                States, cities, counties, and 
                                metropolitan planning organizations);
                                    ``(III) private-sector entities; 
                                and
                                    ``(IV) the general public.
            ``(2) Activities.--Activities to be carried out under 
        paragraph (1) include--
                    ``(A) developing a regional concept of operations 
                that defines a regional strategy shared by all 
                transportation and public safety participants with 
                respect to the manner in which the transportation 
                systems of the region should be managed, operated, and 
                measured;
                    ``(B) the sharing of information among operators, 
                service providers, public safety officials, and the 
                general public; and
                    ``(C) guiding, in a regionally-coordinated manner 
                and in a manner consistent with and integrated into the 
                metropolitan and statewide transportation planning 
                processes and regional intelligent transportation 
                system architecture, the implementation of regional 
                transportation system management and operations 
                initiatives, including--
                            ``(i) emergency evacuation and response;
                            ``(ii) traffic incident management;
                            ``(iii) technology deployment; and
                            ``(iv) traveler information systems 
                        delivery.
    ``(c) Cooperation.--In carrying out the program under subsection 
(a), the Secretary may assist and cooperate with other Federal 
agencies, State and local governments, metropolitan planning 
organizations, private industry, and other interested parties to 
improve regional collaboration and real-time information sharing 
between managers and operators of major modes of transportation, public 
safety officials, emergency managers, and the general public to 
increase the security, safety, and reliability of Federal-aid highways.
    ``(d) Guidance; Regulations.--
            ``(1) In general.--In carrying out the program under 
        subsection (a), the Secretary may issue guidance or promulgate 
        regulations for the procurement of transportation system 
        management and operations facilities, equipment, and services, 
        including--
                    ``(A) equipment procured in preparation for natural 
                disasters, disasters caused by human activity, and 
                emergencies;
                    ``(B) system hardware;
                    ``(C) software; and
                    ``(D) software integration services.
            ``(2) Considerations.--In developing the guidance or 
        regulations under paragraph (1), the Secretary may consider 
        innovative procurement methods that support the timely and 
        streamlined execution of transportation system management and 
        operations programs and projects.
            ``(3) Financial assistance.--The Secretary may authorize 
        the use of funds made available under section 104(b)(3) to 
        provide assistance for regional operations collaboration and 
        coordination activities that are associated with regional 
        improvements, such as--
                    ``(A) traffic incident management;
                    ``(B) technology deployment;
                    ``(C) emergency management and response;
                    ``(D) traveler information; and
                    ``(E) congestion relief.''.
            (2) Conforming amendment.--The analysis for subchapter I of 
        chapter 1 of title 23, United States Code (as amended by 
        section 1620(c)), is amended by adding at the end:

``168. Transportation systems management and operations.''.

SEC. 1702. REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM.

    (a) In General.--Subchapter I of chapter 1 of title 23, United 
States Code (as amended by section 1701(c)(1)), is amended by adding at 
the end the following:
``Sec. 169. Real-time system management information program
    ``(a) In General.--The Secretary shall carry out a real-time system 
management information program to--
            ``(1) provide a nationwide system of basic real-time 
        information for managing and operating the surface 
        transportation system;
            ``(2)(A) identify long-range real-time highway and transit 
        monitoring needs; and
            ``(B) develop plans and strategies for meeting those needs;
            ``(3) provide the capability and means to share the basic 
        real-time information with State and local governments and the 
        traveling public; and
            ``(4) provide the nationwide capability to monitor, in 
        real-time, the traffic and travel conditions of major highways 
        in the United States, and to share that information with State 
        and local governments and the traveling public, to--
                    ``(A) improve the security of the surface 
                transportation system;
                    ``(B) address congestion problems;
                    ``(C) support improved response to weather events; 
                and
                    ``(D) facilitate the distribution of national and 
                regional traveler information.
    ``(b) Data Exchange Formats.--Not later than 1 year after the date 
of enactment of this section, the Secretary shall establish data 
exchange formats to ensure that the data provided by highway and 
transit monitoring systems (including statewide incident reporting 
systems) can readily be exchanged between jurisdictions to facilitate 
the nationwide availability of information on traffic and travel 
conditions.
    ``(c) Statewide Incident Reporting System.--Not later than 2 years 
after the date of enactment of this section, or not later than 5 years 
after the date of enactment of this section if the Secretary determines 
that adequate real-time communications capability will not be available 
within 2 years after the date of enactment of this section, each State 
shall establish a statewide incident reporting system to facilitate the 
real-time electronic reporting of highway and transit incidents to a 
central location for use in--
            ``(1) monitoring an incident;
            ``(2) providing accurate traveler information on the 
        incident; and
            ``(3) responding to the incident as appropriate.
    ``(d) Regional ITS Architecture.--
            ``(1) In general.--In developing or updating regional 
        intelligent transportation system architectures under section 
        940.9 of title 23, Code of Federal Regulations (or any 
        successor regulation), States and local governments shall 
        address--
                    ``(A) the real-time highway and transit information 
                needs of the State or local government, including 
                coverage, monitoring systems, data fusion and 
                archiving, and methods of exchanging or sharing 
                information; and
                    ``(B) the systems needed to meet those needs.
            ``(2) Data exchange formats.--In developing or updating 
        regional intelligent transportation system architectures, 
        States and local governments are encouraged to incorporate the 
        data exchange formats developed by the Secretary under 
        subsection (b) to ensure that the data provided by highway and 
        transit monitoring systems can readily be--
                    ``(A) exchanged between jurisdictions; and
                    ``(B) shared with the traveling public.
    ``(e) Eligible Funding.--Subject to project approval by the 
Secretary, a State may--
            ``(1) use funds apportioned to the State under section 
        505(a) to carry out activities relating to the planning of 
        real-time monitoring elements; and
            ``(2) use funds apportioned to the State under paragraphs 
        (1) and (3) of section 104(b) to carry out activities relating 
        to the planning and deployment of real-time monitoring 
        elements.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code (as amended by section 1701(c)(2)), 
is amended adding at the end the following:

``169. Real-time system management information program.''.

                  Subtitle H--Federal-Aid Stewardship

SEC. 1801. FUTURE INTERSTATE SYSTEM ROUTES.

    Section 103(c)(4)(B) of title 23, United States Code, is amended--
            (1) in clause (ii), by striking ``12'' and inserting 
        ``25''; and
            (2) in clause (iii)--
                    (A) in subclause (I), by striking ``in the 
                agreement between the Secretary and the State or 
                States''; and
                    (B) by adding at the end the following:
                                    ``(III) Existing agreements.--An 
                                agreement described in clause (ii) that 
                                is entered into before the date of 
                                enactment of this subparagraph shall be 
                                deemed to include the 25-year time 
                                limitation described in that clause, 
                                regardless of any earlier construction 
                                completion date in the agreement.''.

SEC. 1802. STEWARDSHIP AND OVERSIGHT.

    (a) In General.--Section 106 of title 23, United States Code, is 
amended--
            (1) by striking subsection (e) and inserting the following:
    ``(e) Value Engineering Analysis.--
            ``(1) Definition of value engineering analysis.--
                    ``(A) In general.--In this subsection, the term 
                `value engineering analysis' means a systematic process 
                of review and analysis of a project, during the design 
                phase, by a multidisciplined team of persons not 
                involved in the project, that is conducted to provide 
                recommendations such as recommendations described in 
                subparagraph (B) for--
                            ``(i) reducing the total cost of the 
                        project; and
                            ``(ii) improving the quality of the 
                        project.
                    ``(B) Inclusions.--The recommendations referred to 
                in subparagraph (A) include, with respect to a 
                project--
                            ``(i) combining or eliminating otherwise 
                        inefficient use of expensive parts of the 
                        original proposal design for the project; and
                            ``(ii) completely redesigning the project 
                        using different technologies, materials, or 
                        methods so as to accomplish the original 
                        purpose of the project.
            ``(2) Analysis.--The State shall provide a value 
        engineering analysis or other cost-reduction analysis for--
                    ``(A) each project on the Federal-Aid System with 
                an estimated total cost of $25,000,000 or more;
                    ``(B) a bridge project with an estimated total cost 
                of $20,000,000 or more; and
                    ``(C) any other project the Secretary determines to 
                be appropriate.
            ``(3) Major projects.--The Secretary may require more than 
        1 analysis described in paragraph (2) for a major project 
        described in subsection (h).
            ``(4) Requirements.--Analyses described in paragraph (1) 
        for a bridge project shall--
                    ``(A) include bridge substructure requirements 
                based on construction material; and
                    ``(B) be evaluated--
                            ``(i) on engineering and economic bases, 
                        taking into consideration acceptable designs 
                        for bridges; and
                            ``(ii) using an analysis of life-cycle 
                        costs and duration of project construction.''; 
                        and
            (2) by striking subsections (g) and (h) and inserting the 
        following:
    ``(g) Oversight Program.--
            ``(1) Program.--
                    ``(A) In general.--The Secretary shall establish an 
                oversight program to monitor the effective and 
                efficient use of funds made available under this title.
                    ``(B) Minimum requirements.--At a minimum, the 
                program shall monitor and respond to all areas relating 
                to financial integrity and project delivery.
            ``(2) Financial integrity.--
                    ``(A) Financial management systems.--
                            ``(i) In general.--The Secretary shall 
                        perform annual reviews of the financial 
                        management systems of State transportation 
                        departments that affect projects approved under 
                        subsection (a).
                            ``(ii) Review areas.--In carrying out 
                        clause (i), the Secretary shall use risk 
                        assessment procedures to identify areas to be 
                        reviewed.
                    ``(B) Project costs.--The Secretary shall--
                            ``(i) develop minimum standards for 
                        estimating project costs; and
                            ``(ii) periodically evaluate practices of 
                        the States for--
                                    ``(I) estimating project costs;
                                    ``(II) awarding contracts; and
                                    ``(III) reducing project costs.
                    ``(C) Responsibility of the states.--
                            ``(i) In general.--Each State shall be 
                        responsible for ensuring that subrecipients of 
                        Federal funds within the State under this 
                        section have--
                                    ``(I) sufficient accounting 
                                controls to properly manage the Federal 
                                funds; and
                                    ``(II) adequate project delivery 
                                systems for projects approved under 
                                this section.
                            ``(ii) Review by secretary.--The Secretary 
                        shall periodically review monitoring by the 
                        States of those subrecipients.
            ``(3) Project delivery.--The Secretary shall--
                    ``(A) perform annual reviews of the project 
                delivery system of each State, including analysis of 1 
                or more activities that are involved in the life cycle 
                of a project; and
                    ``(B) employ risk assessment procedures to identify 
                areas to be reviewed.
            ``(4) Specific oversight responsibilities.--Nothing in this 
        section discharges or otherwise affects any oversight 
        responsibility of the Secretary--
                    ``(A) specifically provided for under this title or 
                other Federal law; or
                    ``(B) for the design and construction of all 
                Appalachian development highways under section 14501 of 
                title 40 or section 170 of this title.
    ``(h) Major Projects.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, a recipient of Federal financial assistance for a 
        project under this title with an estimated total cost of 
        $1,000,000,000 or more, and recipients for such other projects 
        as may be identified by the Secretary, shall submit to the 
        Secretary for each project--
                    ``(A) a project management plan; and
                    ``(B) an annual financial plan.
            ``(2) Project management plan.--A project management plan 
        shall document--
                    ``(A) the procedures and processes that are in 
                effect to provide timely information to the project 
                decisionmakers to effectively manage the scope, costs, 
                schedules, and quality of, and the Federal requirements 
                applicable to, the project; and
                    ``(B) the role of the agency leadership and 
                management team in the delivery of the project.
            ``(3) Financial plan.--A financial plan shall--
                    ``(A) be based on detailed estimates of the cost to 
                complete the project; and
                    ``(B) provide for the annual submission of updates 
                to the Secretary that are based on reasonable 
                assumptions, as determined by the Secretary, of future 
                increases in the cost to complete the project.
    ``(i) Other Projects.--A recipient of Federal financial assistance 
for a project under this title that receives $100,000,000 or more in 
Federal assistance for the project, and that is not covered by 
subsection (h), shall prepare, and make available to the Secretary at 
the request of the Secretary, an annual financial plan for the 
project.''.
    (b) Conforming Amendments.--
            (1) Section 114(a) of title 23, United States Code, is 
        amended--
                    (A) in the first sentence by striking ``highways or 
                portions of highways located on a Federal-aid system'' 
                and inserting ``Federal-aid highway or a portion of a 
                Federal-aid highway''; and
                    (B) by striking the second sentence and inserting 
                ``The Secretary shall have the right to conduct such 
                inspections and take such corrective action as the 
                Secretary determines to be appropriate.''.
            (2) Section 117 of title 23, United States Code, is 
        amended--
                    (A) by striking subsection (d); and
                    (B) by redesignating subsections (e) through (h) as 
                subsections (d) through (g), respectively.
    (c) Contractor Suspension and Debarment Policy; Sharing Fraud 
Monetary Recoveries.--
            (1) In general.--Section 307 of title 49, United States 
        Code, is amended to read as follows:
``Sec. 307. Contractor suspension and debarment policy; sharing fraud 
              monetary recoveries
    ``(a) Mandatory Enforcement Policy.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary--
                    ``(A) shall debar any contractor or subcontractor 
                convicted of a criminal or civil offense involving 
                fraud relating to a project receiving Federal highway 
                or transit funds for such period as the Secretary 
                determines to be appropriate; and
                    ``(B) subject to approval by the Attorney General--
                            ``(i) except as provided in paragraph (2), 
                        shall suspend any contractor or subcontractor 
                        upon indictment for criminal or civil offenses 
                        involving fraud; and
                            ``(ii) may exclude nonaffiliated 
                        subsidiaries of a debarred business entity.
            ``(2) National security exception.--If the Secretary finds 
        that mandatory debarment or suspension of a contractor or 
        subcontractor under paragraph (1) would be contrary to the 
        national security of the United States, the Secretary--
                    ``(A) may waive the debarment or suspension; and
                    ``(B) in the instance of each waiver, shall provide 
                notification to Congress of the waiver with appropriate 
                details.
    ``(b) Sharing of Monetary Recoveries.--
            ``(1) In general.--Notwithstanding any other provision of 
        law--
                    ``(A) monetary judgments accruing to the Federal 
                Government from judgments in Federal criminal 
                prosecutions and civil judgments pertaining to fraud in 
                highway and transit programs shall be shared with the 
                State or local transit agency involved; and
                    ``(B) the State or local transit agency shall use 
                the funds for transportation infrastructure and 
                oversight activities relating to programs authorized 
                under title 23 and this title.
            ``(2) Amount.--The amount of recovered funds to be shared 
        with an affected State or local transit agency shall be--
                    ``(A) determined by the Attorney General, in 
                consultation with the Secretary; and
                    ``(B) considered to be Federal funds to be used in 
                compliance with other relevant Federal transportation 
                laws (including regulations).
            ``(3) Fraudulent activity.--Paragraph (1) shall not apply 
        in any case in which a State or local transit agency is found 
        by the Attorney General, in consultation with the Secretary, to 
        have been involved or negligent with respect to the fraudulent 
        activities.''.
            (2) Conforming amendment.--The analysis for chapter 3 of 
        title 49, United States Code, is amended by striking the item 
        relating to section 307 and inserting the following:

``307. Contractor suspension and debarment policy; sharing fraud 
                            monetary recoveries.''.

SEC. 1803. DESIGN-BUILD CONTRACTING.

    Section 112(b)(3) of title 23, United States Code, is amended by 
striking subparagraph (C) and inserting the following:
                    ``(C) Qualified projects.--A qualified project 
                referred to in subparagraph (A) is a project under this 
                chapter (including intermodal projects) for which the 
                Secretary has approved the use of design-build 
                contracting under criteria specified in regulations 
                promulgated by the Secretary.''.

SEC. 1804. PROGRAM EFFICIENCIES--FINANCE.

    (a) Advance Construction.--Section 115 of title 23, United States 
Code, is amended--
            (1) by redesignating subsection (c) as subsection (d);
            (2) by redesignating subsections (a)(2), (a)(2)(A), and 
        (a)(2)(B) as subsections (c), (c)(1), and (c)(2), respectively, 
        and indenting appropriately;
            (3) by striking ``(a) Congestion.--'' and all that follows 
        through subsection (a)(1)(B);
            (4) by striking subsection (b); and
            (5) by inserting after the section heading the following:
    ``(a) In General.--The Secretary may authorize a State to proceed 
with a project authorized under this title--
            ``(1) without the use of Federal funds; and
            ``(2) in accordance with all procedures and requirements 
        applicable to the project other than those procedures and 
        requirements that limit the State to implementation of a 
        project--
                    ``(A) with the aid of Federal funds previously 
                apportioned or allocated to the State; or
                    ``(B) with obligation authority previously 
                allocated to the State.
    ``(b) Obligation of Federal Share.--The Secretary, on the request 
of a State and execution of a project agreement, may obligate all or a 
portion of the Federal share of the project authorized under this 
section from any category of funds for which the project is 
eligible.''.
    (b) Obligation and Release of Funds.--Section 118 of title 23, 
United States Code, is amended by striking subsection (d) and inserting 
the following:
    ``(d) Obligation and Release of Funds.--
            ``(1) In general.--Funds apportioned or allocated to a 
        State for a particular purpose for any fiscal year shall be 
        considered to be obligated if a sum equal to the total of the 
        funds apportioned or allocated to the State for that purpose 
        for that fiscal year and previous fiscal years is obligated.
            ``(2) Released funds.--Any funds released by the final 
        payment for a project, or by modifying the project agreement 
        for a project, shall be--
                    ``(A) credited to the same class of funds 
                previously apportioned or allocated to the State; and
                    ``(B) immediately available for obligation.
            ``(3) Net obligations.--Notwithstanding any other provision 
        of law (including a regulation), obligations recorded against 
        funds made available under this section shall be recorded and 
        reported as net obligations.''.

SEC. 1805. SET-ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.

    Section 118(c)(1) of title 23, United States Code, is amended--
                    (1) by striking ``$50,000,000'' and all that 
                follows through ``2003'' and inserting ``$100,000,000 
                for each of fiscal years 2004 through 2009''; and
                    (2) by striking ``Transportation Equity Act for the 
                21st Century'' and inserting ``Safe, Accountable, 
                Flexible, and Efficient Transportation Equity Act of 
                2003''.

SEC. 1806. FEDERAL LANDS HIGHWAYS PROGRAM.

    (a) Federal Share Payable.--
            (1) In general.--Section 120(k) of title 23, United States 
        Code, is amended--
                    (A) by striking ``Federal-aid highway''; and
                    (B) by striking ``section 104'' and inserting 
                ``this title or chapter 53 of title 49''.
            (2) Technical references.--Section 120(l) of title 23, 
        United States Code, is amended by striking ``section 104'' and 
        inserting ``this title or chapter 53 of title 49''.
    (b) Payments to Federal Agencies for Federal-Aid Projects.--Section 
132 of title 23, United States Code, is amended--
            (1) by striking the first 2 sentences and inserting the 
        following:
    ``(a) In General.--In a case in which a proposed Federal-aid 
project is to be undertaken by a Federal agency in accordance with an 
agreement between a State and the Federal agency, the State may--
            ``(1) direct the Secretary to transfer the funds for the 
        Federal share of the project directly to the Federal agency; or
            ``(2) make such deposit with, or payment to, the Federal 
        agency as is required to meet the obligation of the State under 
        the agreement for the work undertaken or to be undertaken by 
        the Federal agency.
    ``(b) Reimbursement.--On execution of a project agreement with a 
State described in subsection (a), the Secretary may reimburse the 
State, using any available funds, for the estimated Federal share under 
this title of the obligation of the State deposited or paid under 
subsection (a)(2).''; and
            (2) in the last sentence, by striking ``Any sums'' and 
        inserting the following:
    ``(c) Recovery and Crediting of Funds.--Any sums''.
    (c) Allocations.--Section 202 of title 23, United States Code, is 
amended--
            (1) in subsection (a), by striking ``(a) On October 1'' and 
        all that follows through ``Such allocation'' and inserting the 
        following:
    ``(a) Allocation Based on Need.--
            ``(1) In general.--On October 1 of each fiscal year, the 
        Secretary shall allocate sums authorized to be appropriated for 
        the fiscal year for forest development roads and trails 
        according to the relative needs of the various national forests 
        and grassland.
            ``(2) Planning.--The allocation under paragraph (1)'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Allocation for Public Lands Highways.--
            ``(1) Public lands highways.--
                    ``(A) In general.--On October 1 of each fiscal 
                year, the Secretary shall allocate 33\1/3\ percent of 
                the sums authorized to be appropriated for that fiscal 
                year for public lands highways among those States 
                having unappropriated or unreserved public lands, or 
                nontaxable Indian lands or other Federal reservations, 
                on the basis of need in the States, respectively, as 
                determined by the Secretary, on application of the 
                State transportation departments of the respective 
                States.
                    ``(B) Preference.--In making the allocation under 
                subparagraph (A), the Secretary shall give preference 
                to those projects that are significantly impacted by 
                Federal land and resource management activities that 
                are proposed by a State that contains at least 3 
                percent of the total public land in the United States.
            ``(2) National forest system.--
                    ``(A) In general.--On October 1 of each fiscal 
                year, the Secretary shall allocate 66\2/3\ percent of 
                the funds authorized to be appropriated for public 
                lands highways for forest highways in accordance with 
                section 134 of the Federal-Aid Highway Act of 1987 (23 
                U.S.C. 202 note; 101 Stat. 173).
                    ``(B) Public access to and within national forest 
                system.--In making the allocation under subparagraph 
                (A), the Secretary shall give equal consideration to 
                projects that provide access to and within the National 
                Forest System, as identified by the Secretary of 
                Agriculture through--
                            ``(i) renewable resource and land use 
                        planning; and
                            ``(ii) assessments of the impact of that 
                        planning on transportation facilities.'';
            (3) in subsection (c)--
                    (A) by striking ``(c) On'' and inserting the 
                following:
    ``(c) Park Roads and Parkways.--
            ``(1) In general.--On''; and
                    (B) by adding at the end the following:
            ``(2) Priority.--
                    ``(A) Definition of qualifying national park.--In 
                this paragraph, the term ``qualifying national park'' 
                means a National Park that is used more than 1,000,000 
                recreational visitor days per year, based on an average 
                of the 3 most recent years of available data from the 
                National Park Service.
                    ``(B) Priority.--Notwithstanding any other 
                provision of law, with respect to funds authorized for 
                park roads and parkways, the Secretary shall give 
                priority in the allocation of funds to projects for 
                highways that--
                            ``(i) are located in, or provide access to, 
                        a qualifying National Park; and
                            ``(ii) were initially constructed before 
                        1940.
                    ``(C) Priority conflicts.--If there is a conflict 
                between projects described in subparagraph (B), the 
                Secretary shall give highest priority to projects 
                that--
                            ``(i) are in, or that provide access to, 
                        parks that are adjacent to a National Park of a 
                        foreign country; or
                            ``(ii) are located in more than 1 State;'';
            (4) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in the paragraph heading, by striking 
                        ``1999'' and inserting ``2005''; and
                            (ii) by striking ``1999'' and inserting 
                        ``2005'';
                    (B) in paragraph (2)--
                            (i) in the paragraph heading, by striking 
                        ``2000'' and inserting ``2005'';
                            (ii) in subparagraphs (A), (B), and (D), by 
                        striking ``2000'' each place it appears and 
                        inserting ``2005'';
                            (iii) in subparagraph (B), by striking 
                        ``1999'' each place it appears and inserting 
                        ``2004''; and
                            (iv) by adding at the end the following:
                    ``(E) Transferred funds.--
                            ``(i) In general.--Not later than 30 days 
                        after the date on which funds are made 
                        available to the Secretary of the Interior 
                        under this paragraph, the funds shall be 
                        distributed to, and available for immediate use 
                        by, the eligible Indian tribes, in accordance 
                        with the formula applicable for each fiscal 
                        year.
                            ``(ii) Formula.--If the Secretary of the 
                        Interior has not promulgated final regulations 
                        for the distribution of funds under clause (i) 
                        for a fiscal year by the date on which the 
                        funds for the fiscal year are required to be 
                        distributed under that clause, the Secretary of 
                        the Interior shall distribute the funds under 
                        clause (i) in accordance with the applicable 
                        funding formula for the preceding year.'';
                    (C) in paragraph (3)(A)--
                            (i) by striking ``under this title'' and 
                        inserting ``under this chapter and section 
                        125(e)''; and
                            (ii) by inserting ``and the approved Indian 
                        reservation road transportation improvement 
                        program'' before the period at the end; and
                    (D) in paragraph (4)--
                            (i) in subparagraph (B)--
                                    (I) by striking ``(B) 
                                Reservation.--Of the amounts'' and all 
                                that follows through ``to replace,'' 
                                and inserting the following:
                    ``(B) Funding.--
                            ``(i) Reservation of funds.--Of the amounts 
                        authorized to be appropriated for Indian 
                        reservation roads for each fiscal year, the 
                        Secretary, in cooperation with the Secretary of 
                        the Interior, shall reserve not less than 
                        $15,000,000 for each of fiscal years 2004 
                        through 2009 to carry out planning, design, 
                        engineering, preconstruction, construction, and 
                        inspection of projects to replace,''; and
                                    (II) by adding at the end the 
                                following:
                            ``(ii) Availability.--Funds made available 
                        to carry out this subparagraph shall be 
                        available for obligation in the same manner as 
                        if the funds were apportioned under chapter 
                        1.''; and
                            (ii) by striking subparagraph (D) and 
                        inserting the following:
                    ``(D) Approval requirement.--
                            ``(i) In general.--Subject to clause (ii), 
                        on request by an Indian tribe or the Secretary 
                        of the Interior, the Secretary may make funds 
                        available under this subsection for preliminary 
                        engineering for Indian reservation road bridge 
                        projects.
                            ``(ii) Construction and construction 
                        engineering.--The Secretary may make funds 
                        available under clause (i) for construction and 
                        construction engineering only after approval by 
                        the Secretary of applicable plans, 
                        specifications, and estimates.''; and
            (5) by adding at the end the following:
    ``(f) Administration of Indian Reservation Roads.--Notwithstanding 
any other provision of law, for any fiscal year not more than 6 percent 
of the contract authority amounts made available from the Highway Trust 
Fund to the Bureau of Indian Affairs under this title shall be used to 
pay the expenses incurred by the Bureau in administering the Indian 
reservation roads program (including the administrative expenses 
relating to individual projects associated with the Indian reservation 
roads program).''.
    (d) Planning and Agency Coordination.--Section 204 of title 23, 
United States Code, is amended--
            (1) in subsection (a)(1), by inserting ``refuge roads,'' 
        after ``parkways,'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Use of Funds.--
            ``(1) In general.--Funds available for public lands 
        highways, recreation roads, park roads and parkways, forest 
        highways, and Indian reservation roads shall be used by the 
        Secretary and the Secretary of the appropriate Federal land 
        management agency to pay the cost of transportation planning, 
        research, engineering, operation and maintenance of transit 
        facilities, and construction of the highways, roads, parkways, 
        forest highways, and transit facilities located on public land, 
        national parks, and Indian reservations.
            ``(2) Contract.--In connection with an activity described 
        in paragraph (1), the Secretary and the Secretary of the 
        appropriate Federal land management agency may enter into a 
        construction contract or other appropriate agreement with--
                    ``(A) a State (including a political subdivision of 
                a State); or
                    ``(B) an Indian tribe.
            ``(3) Indian reservation roads.--In the case of an Indian 
        reservation road--
                    ``(A) Indian labor may be used, in accordance with 
                such rules and regulations as may be promulgated by the 
                Secretary of the Interior, to carry out any 
                construction or other activity described in paragraph 
                (1); and
                    ``(B) funds made available to carry out this 
                section may be used to pay bridge preconstruction costs 
                (including planning, design, and engineering).
            ``(4) Federal employment.--No maximum on Federal employment 
        shall be applicable to construction or improvement of Indian 
        reservation roads.
            ``(5) Availability of funds.--Funds available under this 
        section for each class of Federal lands highway shall be 
        available for any kind of transportation project eligible for 
        assistance under this title that is within or adjacent to, or 
        that provides access to, the areas served by the particular 
        class of Federal lands highway.
            ``(6) Reservation of funds.--The Secretary of the Interior 
        may reserve funds from administrative funds of the Bureau of 
        Indian Affairs that are associated with the Indian reservation 
        road program to finance the Indian technical centers authorized 
        under section 504(b).''; and
            (3) in subsection (k)(1)--
                    (A) in subparagraph (B)--
                            (i) by striking ``(2), (5),'' and inserting 
                        ``(2), (3), (5),''; and
                            (ii) by striking ``and'' after the 
                        semicolon;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(D) maintenance of public roads in national fish 
                hatcheries under the jurisdiction of the United States 
                Fish and Wildlife Service;
                    ``(E) the non-Federal share of the cost of any 
                project funded under this title or chapter 53 of title 
                49 that provides access to or within a wildlife refuge; 
                and
                    ``(F) maintenance and improvement of recreational 
                trails (except that expenditures on trails under this 
                subparagraph shall not exceed 5 percent of available 
                funds for each fiscal year).''.
    (e) Safety.--
            (1) Allocations.--Section 202 of title 23, United States 
        Code (as amended by subsection (c)(5)), is amended by adding at 
        the end the following:
    ``(g) Safety.--Subject to paragraph (2), on October 1 of each 
fiscal year, the Secretary shall allocate the sums authorized to be 
appropriated for the fiscal year for safety as follows:
            ``(1) 12 percent to the Bureau of Reclamation.
            ``(2) 18 percent to the Bureau of Indian Affairs.
            ``(3) 17 percent to the Bureau of Land Management.
            ``(4) 17 percent to the Forest Service.
            ``(5) 7 percent to the United States Fish and Wildlife 
        Service.
            ``(6) 17 percent to the National Park Service.
            ``(7) 12 percent to the Corps of Engineers.''.
            (2) Availability of funds.--Section 203 of title 23, United 
        States Code, is amended by inserting ``safety projects or 
        activities,'' after ``refuge roads,'' each place it appears.
            (3) Use of funding.--Section 204 of title 23, United States 
        Code, is amended by adding at the end the following:
    ``(l) Safety Activities.--
            ``(1) In general.--Notwithstanding any other provision of 
        this title, funds made available for safety under this title 
        shall be used by the Secretary and the head of the appropriate 
        Federal land management agency only to pay the costs of 
        carrying out--
                    ``(A) transportation safety improvement activities;
                    ``(B) activities to eliminate high-accident 
                locations;
                    ``(C) projects to implement protective measures at, 
                or eliminate, at-grade railway-highway crossings;
                    ``(D) collection of safety information;
                    ``(E) transportation planning projects or 
                activities;
                    ``(F) bridge inspection;
                    ``(G) development and operation of safety 
                management systems;
                    ``(H) highway safety education programs; and
                    ``(I) other eligible safety projects and activities 
                authorized under chapter 4.
            ``(2) Contracts.--In carrying out paragraph (1), the 
        Secretary and the Secretary of the appropriate Federal land 
        management agency may enter into contracts or agreements with--
                    ``(A) a State;
                    ``(B) a political subdivision of a State; or
                    ``(C) an Indian tribe.
            ``(3) Exception.--The cost sharing requirements under the 
        Federal Water Project Recreation Act (16 U.S.C. 460l-12 et 
        seq.) shall not apply to funds made available to the Bureau of 
        Reclamation under this subsection.''.
    (f) Recreation Roads.--
            (1) Authorizations.--Section 201 of title 23, United States 
        Code, is amended in the first sentence by inserting 
        ``recreation roads,'' after ``public lands highways,''.
            (2) Allocations.--Section 202 of title 23, United States 
        Code (as amended by subsection (e)(1)), is amended by adding at 
        the end the following:
    ``(h) Recreation Roads.--
            ``(1) In general.--Subject to paragraphs (2) and (3), on 
        October 1 of each fiscal year, the Secretary, after completing 
        the transfer under subsection 204(i), shall allocate the sums 
        authorized to be appropriated for the fiscal year for 
        recreation roads as follows:
                    ``(A) 8 percent to the Bureau of Reclamation.
                    ``(B) 9 percent to the Corps of Engineers.
                    ``(C) 13 percent to the Bureau of Land Management.
                    ``(D) 70 percent to the Forest Service.
            ``(2) Allocation within agencies.--Recreation road funds 
        allocated to a Federal agency under paragraph (1) shall be 
        allocated for projects and activities of the Federal agency 
        according to the relative needs of each area served by 
        recreation roads under the jurisdiction of the Federal agency, 
        as indicated in the approved transportation improvement program 
        for each Federal agency.''.
            (3) Availability of funds.--Section 203 of title 23, United 
        States Code, is amended--
                    (A) in the first sentence, by inserting 
                ``recreation roads,'' after ``Indian reservation 
                roads,''; and
                    (B) in the fourth sentence, by inserting ``, 
                recreation roads,'' after ``Indian roads''.
            (4) Use of funding.--Section 204 of title 23, United States 
        Code (as amended by subsection (e)(3)), is amended by adding at 
        the end the following:
    ``(m) Recreation Roads.--
            ``(1) In general.--Notwithstanding any other provision of 
        this title, funds made available for recreation roads under 
        this title shall be used by the Secretary and the Secretary of 
        the appropriate Federal land management agency only to pay the 
        cost of--
                    ``(A) maintenance or improvements of existing 
                recreation roads;
                    ``(B) maintenance and improvements of eligible 
                projects described in paragraph (1), (2), (3), (5), or 
                (6) of subsection (h) that are located in or adjacent 
                to Federal land under the jurisdiction of--
                            ``(i) the Department of Agriculture
                            ``(ii) the Department of Defense; or
                            ``(iii) the Department of the Interior;
                    ``(C) transportation planning and administrative 
                activities associated with those maintenance and 
                improvements; and
                    ``(D) the non-Federal share of the cost of any 
                project funded under this title or chapter 53 of title 
                49 that provides access to or within Federal land 
                described in subparagraph (B).
            ``(2) Contracts.--In carrying out paragraph (1), the 
        Secretary and the Secretary of the appropriate Federal land 
        management agency may enter into contracts or agreements with--
                    ``(A) a State;
                    ``(B) a political subdivision of a State; or
                    ``(C) an Indian tribe.
            ``(3) New roads.--No funds made available under this 
        section shall be used to pay the cost of the design or 
        construction of new recreation roads.
            ``(4) Compliance with other environmental laws.--A 
        maintenance or improvement project that is funded under this 
        subsection, and that is consistent with or has been identified 
        in a land use plan for an area under the jurisdiction of a 
        Federal agency, shall not require any additional environmental 
        reviews or assessments under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) if--
                    ``(A) the Federal agency that promulgated the land 
                use plan analyzed the specific proposal for the 
                maintenance or improvement project under that Act; and
                    ``(B) as of the date on which the funds are to be 
                expended, there are--
                            ``(i) no significant changes to the 
                        proposal bearing on environmental concerns; and
                            ``(ii) no significant new information.
            ``(5) Exception.--The cost sharing requirements under the 
        Federal Water Project Recreation Act (16 U.S.C. 460l-12 et 
        seq.) shall not apply to funds made available to the Bureau of 
        Reclamation under this subsection.''.
    (g) Conforming Amendments.--
            (1) Sections 120(e) and 125(e) of title 23, United States 
        Code, are amended by striking ``public lands highways,'' each 
        place it appears and inserting ``public lands highways, 
        recreation roads,''.
            (2) Sections 120(e), 125(e), 201, 202(a), and 203 of title 
        23, United States Code, are amended by striking ``forest 
        development roads'' each place it appears and inserting 
        ``National Forest System roads''.
            (3) Section 202(e) of title 23, United States Code, is 
        amended by striking ``Refuge System,'' and inserting ``Refuge 
        System and the various national fish hatcheries,''.
            (4) Section 204 of title 23, United States Code, is 
        amended--
                    (A) in subsection (a)(1), by striking ``public 
                lands highways,'' and inserting ``public lands 
                highways, recreation roads, forest highways,''; and
                    (B) in subsection (i), by striking ``public lands 
                highways'' each place it appears and inserting ``public 
                lands highways, recreation roads, and forest 
                highways''.
            (5) Section 205 of title 23, United States Code, is 
        amended--
                    (A) by striking the section heading and inserting 
                the following:
``Sec. 205. National Forest System roads and trails'';
                and
                    (B) in subsections (a) and (d), by striking 
                ``forest development roads'' each place it appears and 
                inserting ``National Forest System roads''.
            (6) The analysis for chapter 2 of title 23, United States 
        Code, is amended by striking the item relating to section 205 
        and inserting the following:

``205. National Forest System roads and trails.''.
            (7) Section 217(c) of title 23, United States Code, is 
        amended by inserting ``refuge roads,'' after ``Indian 
        reservation roads,''.

SEC. 1807. EMERGENCY RELIEF.

    Section 125(c)(1) of title 23, United States Code, is amended by 
striking ``$100,000,000'' and inserting ``$300,000,000''.

SEC. 1808. HIGHWAY BRIDGE PROGRAM.

    (a) In General.--Section 144 of title 23, United States Code, is 
amended--
            (1) by striking the section heading and all that follows 
        through subsection (a) and inserting the following:
``Sec. 144. Highway bridge program
    ``(a) Congressional Statement.--Congress finds and declares that it 
is in the vital interest of the United States that a highway bridge 
program be established to enable States to improve the condition of 
their bridges through replacement, rehabilitation, and systematic 
preventative maintenance on highway bridges over waterways, other 
topographical barriers, other highways, or railroads at any time at 
which the States and the Secretary determine that a bridge is unsafe 
because of structural deficiencies, physical deterioration, or 
functional obsolescence.'';
            (2) by striking subsection (d) and inserting the following:
    ``(d) Participation in Program.--
            ``(1) In general.--On application by a State to the 
        Secretary for assistance in replacing or rehabilitating a 
        highway bridge that has been determined to be eligible for 
        replacement or rehabilitation under subsection (b) or (c), the 
        Secretary may approve Federal participation in--
                    ``(A) replacing the bridge with a comparable 
                bridge; or
                    ``(B) rehabilitating the bridge.
            ``(2) Specific kinds of rehabilitation.--On application by 
        a State to the Secretary for assistance in painting, seismic 
        retrofit, or preventative maintenance of, or installation of 
        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 
        preventative maintenance of, or installation of scour 
        countermeasures or application of acetate or sodium acetate/
        formate or such anti-icing or de-icing composition to, the 
        structure.
            ``(3) Eligibility.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary shall determine the 
                eligibility of highway bridges for replacement or 
                rehabilitation for each State based on the number of 
                unsafe highway bridges in the State.
                    ``(B) Preventative maintenance.--A State may carry 
                out a project for preventative maintenance on a bridge, 
                seismic retrofit of a bridge, or installation of scour 
                countermeasures to a bridge under this section without 
                regard to whether the bridge is eligible for 
                replacement or rehabilitation under this section.'';
            (3) in subsection (e)--
                    (A) in the third sentence, by striking ``square 
                footage'' and inserting ``area'';
                    (B) in the fourth sentence--
                            (i) by striking ``by the total cost of any 
                        highway bridges constructed under subsection 
                        (m) in such State, relating to replacement of 
                        destroyed bridges and ferryboat services, 
                        and,''; and
                            (ii) by striking ``1997'' and inserting 
                        ``2003''; and
                    (C) in the seventh sentence, by striking ``the 
                Federal-aid primary system'' and inserting ``Federal-
                aid highways'';
            (4) by striking subsections (f) and (g) and inserting the 
        following:
    ``(f) Set Asides.--
            ``(1) Discretionary bridge program.--
                    ``(A) In general.--Of the amounts authorized to be 
                appropriated to carry out the bridge program under this 
                section for each of fiscal years 2004 through 2009, all 
                but $150,000,000 shall be apportioned as provided in 
                subsection (e).
                    ``(B) Availability.--The $150,000,000 referred to 
                in subparagraph (A) shall be available at the 
                discretion of the Secretary, except that not to exceed 
                $25,000,000 of that amount shall be available only for 
                projects for the seismic retrofit of bridges.
                    ``(C) Set asides.--For fiscal year 2004, the 
                Secretary shall provide--
                            ``(i) $50,000,000 to the State of Nevada 
                        for construction of a replacement of the 
                        federally-owned bridge over the Hoover Dam in 
                        the Lake Mead National Recreation Area; and
                            ``(ii) $50,000,000 to the State of Missouri 
                        for construction of a structure over the 
                        Mississippi River to connect the city of St. 
                        Louis, Missouri, to the State of Illinois.
            ``(2) Off-system bridges.--
                    ``(A) In general.--Not less than 15 percent of the 
                amount apportioned to each State in each of fiscal 
                years 2004 through 2009 shall be expended for projects 
                to replace, rehabilitate, perform systematic 
                preventative 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.
                    ``(B) Reduction of expenditures.--The Secretary, 
                after consultation with State and local officials, may, 
                with respect to the State, reduce the requirement for 
                expenditure for bridges not on a Federal-aid highway if 
                the Secretary determines that the State has inadequate 
                needs to justify the expenditure.'';
            (5) in subsection (i)--
                    (A) in paragraph (3), by striking ``and'';
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and'';
                    (C) by striking ``Such reports'' and all that 
                follows through ``to Congress.''; and
                    (D) by adding at the end the following:
            ``(5) biennially submit such reports as are required under 
        this subsection to the appropriate committees of Congress 
        simultaneously with the report required by section 502(g).'';
            (6) in the first sentence of subsection (n), by striking 
        ``all standards'' and inserting ``all general engineering 
        standards'';
            (7) in subsection (o)--
                    (A) in paragraph (3)--
                            (i) by striking ``title (including this 
                        section)'' and inserting ``section''; and
                            (ii) by inserting ``200 percent of'' after 
                        ``shall not exceed''; and
                    (B) in paragraph (4)(B)--
                            (i) in the second sentence, by inserting 
                        ``200 percent of'' after ``not to exceed''; and
                            (ii) in the last sentence, by striking 
                        ``title'' and inserting ``section'';
            (8) by redesignating subsections (h) through (q) as 
        subsections (g) through (p), respectively; and
            (9) by adding at the end the following:
    ``(q) Federal Share.--The Federal share of the cost of a project 
payable from funds made available to carry out this section shall be 
the share applicable under section 120(b), as adjusted under subsection 
(d) of that section.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code, is amended by striking the item 
relating to section 144 and inserting the following:

``144. Highway bridge program.''.

SEC. 1809. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

    (a) In General.--Subchapter I of chapter 1 of title 23, United 
States Code (as amended by section 1702(a)), is amended by adding at 
the end the following:
``Sec. 170. Appalachian development highway system
    ``(a) Apportionment.--
            ``(1) In general.--The Secretary shall apportion funds made 
        available under section 1101(a)(7) of the Safe, Accountable, 
        Flexible, and Efficient Transportation Equity Act of 2003 for 
        fiscal years 2004 through 2009 among States based on the latest 
        available estimate of the cost to construct highways and access 
        roads for the Appalachian development highway system program 
        prepared by the Appalachian Regional Commission under section 
        14501 of title 40.
            ``(2) Availability.--Funds described in paragraph (1) shall 
        be available to construct highways and access roads under 
        chapter 145 of title 40.
    ``(b) Applicability of Title.--Funds made available under section 
1101(a)(7) of the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2003 for the Appalachian development 
highway system shall be available for obligation in the same manner as 
if the funds were apportioned under this chapter, except that--
            ``(1) the Federal share of the cost of any project under 
        this section shall be determined in accordance with subtitle IV 
        of title 40; and
            ``(2) the funds shall remain available until expended.''.
    (b) Conforming Amendments.--
            (1) Use of toll credits.--Section 120(j)(1) of title 23, 
        United States Code is amended by inserting ``and the 
        Appalachian development highway system program under subtitle 
        IV of title 40'' after ``(other than the emergency relief 
        program authorized by section 125''.
            (2) Analysis.--The analysis of chapter 1 of title 23, 
        United States Code (as amended by section 1702(b)), is amended 
        by adding at the end the following:

``170. Appalachian development highway system.''.

SEC. 1810. MULTISTATE CORRIDOR PROGRAM.

    (a) In General.--Subchapter I of chapter 1 of title 23, United 
States Code (as amended by 1809(a)), is amended by adding at the end 
the following:
``Sec. 171. Multistate corridor program
    ``(a) Establishment and Purpose.--The Secretary shall carry out a 
program to--
            ``(1) support and encourage multistate transportation 
        planning and development; and
            ``(2) facilitate transportation decisionmaking and 
        coordinate project delivery involving multistate corridors.
    ``(b) Eligible Recipients.--A State transportation department and a 
metropolitan planning organization may receive and administer funds 
provided under this section.
    ``(c) Eligible Activities.--The Secretary shall make allocations 
under this program for multistate highway and multimodal planning 
studies and construction.
    ``(d) Other Provisions Regarding Eligibility.--
            ``(1) Studies.--All studies funded under this program shall 
        be consistent with the continuing, cooperative, and 
        comprehensive planning processes required by sections 134 and 
        135.
            ``(2) Construction.--All construction funded under this 
        program shall be consistent with section 133(b)(1).
    ``(e) Selection Criteria.--The Secretary shall select studies and 
projects to be carried out under the program based on--
            ``(1) the existence and significance of signed and binding 
        multijurisdictional agreements;
            ``(2) endorsement of the study or project by applicable 
        elected State and local representatives;
            ``(3) prospects for early completion of the study or 
        project; or
            ``(4) whether the projects to be studied or constructed are 
        located on corridors identified by section 1105(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991 
        (Public Law 102-240; 105 Stat. 2032).
    ``(f) Program Priorities.--In administering the program, the 
Secretary shall--
            ``(1) encourage and enable States and other jurisdictions 
        to work together to develop plans for multimodal and 
        multijurisdictional transportation decisionmaking; and
            ``(2) give priority to studies or projects that emphasize 
        multimodal planning, including planning for operational 
        improvements that--
                    ``(A) increase--
                            ``(i) mobility;
                            ``(ii) freight productivity;
                            ``(iii) access to marine or inland ports;
                            ``(iv) safety and security; and
                            ``(v) reliability; and
                    ``(B) enhance the environment.
    ``(g) Federal Share.--The Federal share of the cost of a study or 
project carried out under the program, using funds from all Federal 
sources, shall be 80 percent.
    ``(h) Applicability.--Funds authorized to be appropriated under 
section 1101(10) of the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2003 to carry out this section shall be 
available for obligation in the same manner as if the funds were 
apportioned under this chapter.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code (as amended by section 1810(b)) is 
amended by adding at the end the following:

``171. Multistate corridor program.''.

SEC. 1811. BORDER PLANNING, OPERATIONS, TECHNOLOGY, AND CAPACITY 
              PROGRAM.

    (a) In General.--Subchapter I of chapter 1 of title 23, United 
States Code (as amended by section 1810(a)), is amended by adding at 
the end the following:
``Sec. 172. Border planning, operations, technology, and capacity 
              program
    ``(a) Definitions.--In this section:
            ``(1) Border state.--The term `border State' means any of 
        the States of Alaska, Arizona, California, Idaho, Maine, 
        Michigan, Minnesota, Montana, New Hampshire, New Mexico, New 
        York, North Dakota, Texas, Vermont, and Washington.
            ``(2) Program.--The term `program' means the border 
        planning, operations, technology, and capacity program 
        established under subsection (b).
    ``(b) Establishment and Purpose.--The Secretary shall establish and 
carry out a border planning, operations, technology, and capacity 
improvement program to support coordination and improvement in bi-
national transportation planning, operations, efficiency, information 
exchange, safety, and security at the international borders of the 
United States with Canada and Mexico.
    ``(c) Eligible Recipients.--State transportation departments and 
metropolitan planning organizations at or near an international land 
border in a border State may receive and administer funds allocated 
under the program.
    ``(d) Eligible Activities.--
            ``(1) In general.--The Secretary shall make allocations 
        under the program for projects to carry out eligible activities 
        described in paragraph (2) at or near international land 
        borders in border States.
            ``(2) Eligible activities.--The eligible activities 
        referred to in paragraph (1) are--
                    ``(A) highway and multimodal planning or 
                environmental studies;
                    ``(B) cross-border port of entry and safety 
                inspection improvements, including operational 
                enhancements and technology applications;
                    ``(C) technology and information exchange 
                activities; and
                    ``(D) right-of-way acquisition, design, and 
                construction, as needed--
                            ``(i) to implement the enhancements or 
                        applications described in subparagraphs (B) and 
                        (C);
                            ``(ii) to decrease air pollution emissions 
                        from vehicles or inspection facilities at 
                        border crossings; or
                            ``(iii) to increase highway capacity at or 
                        near international borders.
    ``(e) Other Provisions Regarding Eligibility.--
            ``(1) In general.--Each project funded under the program 
        shall be carried out in accordance with the continuing, 
        cooperative, and comprehensive planning processes required by 
        sections 134 and 135.
            ``(2) Regionally significant projects.--To be funded under 
        the program, a regionally significant project shall be included 
        on the applicable transportation plan and program required by 
        sections 134 and 135.
    ``(f) Selection Criteria.--The Secretary shall select projects to 
be carried out under the program based on--
            ``(1) expected benefits, including air quality benefits, of 
        the project in relation to the cost of the project;
            ``(2) prospects for early completion of the project;
            ``(3) endorsement of the project by formally constituted 
        bi-national organizations with Federal and State or provincial 
        representation;
            ``(4) the existence and significance of signed and binding 
        multijurisdictional agreements;
            ``(5) contributions, in amounts at least equal to required 
        minimums, of--
                    ``(A) Federal funds made available for other 
                programs under this title; and
                    ``(B) Federal funds made available under a 
                provision of law other than this title; and
            ``(6) the extent to which the benefits of the project are 
        multimodal.
    ``(g) Program Priorities.--In administering the program, the 
Secretary shall give priority to projects that emphasize--
            ``(1) multimodal planning;
            ``(2) improvements in infrastructure; and
            ``(3) operational improvements that--
                    ``(A) increase safety, security, freight capacity, 
                or highway access to rail, marine, and air services; 
                and
                    ``(B) enhance the environment.
    ``(h) Federal Share.--The Federal share of the cost of a project 
carried out under the program shall be 80 percent.
    ``(i) Obligation.--Funds made available under section 1101(11) of 
the Safe, Accountable, Flexible, and Efficient Transportation Equity 
Act of 2003 to carry out the program shall be available for obligation 
in the same manner as if the funds were apportioned under this chapter.
    ``(j) Information Exchange.--No individual project the scope of 
work of which is limited to information exchange shall receive an 
allocation under the program in an amount that exceeds $500,000 for any 
fiscal year.
    ``(k) Projects in Canada or Mexico.--A project in Canada or Mexico, 
proposed by a border State to directly and predominantly facilitate 
cross-border vehicle and commercial cargo movements at an international 
gateway or port of entry into the border region of the State, may be 
constructed using funds made available under the program if, before 
obligation of those funds, Canada or Mexico, or the political 
subdivision of Canada or Mexico that is responsible for the operation 
of the facility to be constructed, provides assurances satisfactory to 
the Secretary that any facility constructed under this subsection will 
be--
            ``(1) constructed in accordance with standards equivalent 
        to applicable standards in the United States; and
            ``(2) properly maintained and used over the useful life of 
        the facility for the purpose for which the Secretary allocated 
        funds to the project.
    ``(l) Transfer of Funds to the General Services Administration.--
            ``(1) State funds.--At the request of a border State, funds 
        made available under the program may be transferred to the 
        General Services Administration for the purpose of funding 1 or 
        more specific projects if--
                    ``(A) the Secretary determines, after consultation 
                with the State transportation department of the border 
                State, that the General Services Administration should 
                carry out the project; and
                    ``(B) the General Services Administration agrees to 
                accept the transfer of, and to administer, those funds.
            ``(2) Non-federal share.--
                    ``(A) In general.--A border State that makes a 
                request under paragraph (1) shall provide directly to 
                the General Services Administration, for each project 
                covered by the request, the non-Federal share of the 
                cost of each project described in subsection (h).
                    ``(B) No augmentation of appropriations.--Funds 
                provided by a border State under subparagraph (A)--
                            ``(i) shall not be considered to be an 
                        augmentation of the appropriations made 
                        available to the General Services 
                        Administration; and
                            ``(ii) shall be--
                                    ``(I) administered in accordance 
                                with the procedures of the General 
                                Services Administration; but
                                    ``(II) available for obligation in 
                                the same manner as if the funds were 
                                apportioned under this chapter.
                    ``(C) Obligation authority.--Obligation authority 
                shall be transferred to the General Services 
                Administration in the same manner and amount as the 
                funds provided for projects under subparagraph (A).
            ``(3) Direct transfer of authorized funds.--
                    ``(A) In general.--In addition to allocations to 
                States and metropolitan planning organizations under 
                subsection (c), the Secretary may transfer funds made 
                available to carry out this section to the General 
                Services Administration for construction of 
                transportation infrastructure projects at or near the 
                border in border States, if--
                            ``(i) the Secretary determines that the 
                        transfer is necessary to effectively carry out 
                        the purposes of this program; and
                            ``(ii) the General Services Administration 
                        agrees to accept the transfer of, and to 
                        administer, those funds.
                    ``(B) No augmentation of appropriations.--Funds 
                transferred by the Secretary under subparagraph (A)--
                            ``(i) shall not be considered to be an 
                        augmentation of the appropriations made 
                        available to the General Services 
                        Administration; and
                            ``(ii) shall be--
                                    ``(I) administered in accordance 
                                with the procedures of the General 
                                Services Administration; but
                                    ``(II) available for obligation in 
                                the same manner as if the funds were 
                                apportioned under this chapter.
                    ``(C) Obligation authority.--Obligation authority 
                shall be transferred to the General Services 
                Administration in the same manner and amount as the 
                funds transferred under subparagraph (A).
                    ``(D) Nonapplicability of certain provision.--
                Section 120 shall not apply to the transfer of funds 
                under this paragraph.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code (as amended by section 1810(b)), is 
amended by adding at the end the following:

``172. Border planning, operations, and technology program.''.

SEC. 1812. PUERTO RICO HIGHWAY PROGRAM.

    (a) In General.--Subchapter I of chapter 1 of title 23, United 
States Code (as amended by section 1811(a)), is amended by adding at 
the end the following:
``Sec. 173. Puerto Rico highway program
    ``(a) In General.--The Secretary shall allocate funds authorized by 
section 1101(a)(15) of the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2003 for each of fiscal years 2004 through 
2009 to the Commonwealth of Puerto Rico to carry out a highway program 
in the Commonwealth.
    ``(b) Applicability of Title.--
            ``(1) In general.--Amounts made available by section 
        1101(a)(15) of the Safe, Accountable, Flexible, and Efficient 
        Transportation Equity Act of 2003 shall be available for 
        obligation in the same manner as if such funds were apportioned 
        under this chapter.
            ``(2) Limitation on obligations.--The amounts shall be 
        subject to any limitation on obligations for Federal-aid 
        highway and highway safety construction programs.
    ``(c) Treatment of Funds.--Amounts made available to carry out this 
section for a fiscal year shall be administered as follows:
            ``(1) Apportionment.--For purposes of this section, the 
        amounts shall be treated as being apportioned to Puerto Rico 
        under sections 104(b), 144, and 206, for each program funded 
        under those sections in an amount determined by multiplying--
                    ``(A) the aggregate of the amounts for the fiscal 
                year; by
                    ``(B) the ratio that--
                            ``(i) the amount of funds apportioned to 
                        Puerto Rico for each such program for fiscal 
                        year 2003; bears to
                            ``(ii) the total amount of funds 
                        apportioned to Puerto Rico for all such 
                        programs for fiscal year 2003.
            ``(2) Penalty.--The amounts treated as being apportioned to 
        Puerto Rico under each section referred to in paragraph (1) 
        shall be deemed to be required to be apportioned to Puerto Rico 
        under that section for purposes of the imposition of any 
        penalty under this title and title 49.
            ``(3) Effect on allocations and apportionments.--Subject to 
        paragraph (2), nothing in this section affects any allocation 
        under section 105 and any apportionment under sections 104 and 
        144.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code (as amended by section 1811(b)), is 
amended by adding at the end the following:

``173. Puerto Rico highway program.''.

SEC. 1813. NATIONAL HISTORIC COVERED BRIDGE PRESERVATION.

    (a) In General.--Subchapter I of chapter 1 of title 23, United 
States Code (as amended by section 1812(a)), is amended by adding at 
the end the following:
``Sec. 174. National historic covered bridge preservation
    ``(a) Definition of Historic Covered Bridge.--In this section, the 
term `historic covered bridge' means a covered bridge that is listed or 
eligible for listing on the National Register of Historic Places.
    ``(b) Historic Covered Bridge Preservation.--Subject to the 
availability of appropriations, the Secretary shall--
            ``(1) collect and disseminate information on historic 
        covered bridges;
            ``(2) conduct educational programs relating to the history 
        and construction techniques of historic covered bridges;
            ``(3) conduct research on the history of historic covered 
        bridges; and
            ``(4) conduct research on, and study techniques for, 
        protecting historic covered bridges from rot, fire, natural 
        disasters, or weight-related damage.
    ``(c) Grants.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the Secretary shall make a grant to a State 
        that submits an application to the Secretary that demonstrates 
        a need for assistance in carrying out 1 or more historic 
        covered bridge projects described in paragraph (2).
            ``(2) Eligible projects.--A grant under paragraph (1) may 
        be made for a project--
                    ``(A) to rehabilitate or repair a historic covered 
                bridge; or
                    ``(B) to preserve a historic covered bridge, 
                including through--
                            ``(i) installation of a fire protection 
                        system, including a fireproofing or fire 
                        detection system and sprinklers;
                            ``(ii) installation of a system to prevent 
                        vandalism and arson; or
                            ``(iii) relocation of a bridge to a 
                        preservation site.
            ``(3) Authenticity requirements.--A grant under paragraph 
        (1) may be made for a project only if--
                    ``(A) to the maximum extent practicable, the 
                project--
                            ``(i) is carried out in the most 
                        historically appropriate manner; and
                            ``(ii) preserves the existing structure of 
                        the historic covered bridge; and
                    ``(B) the project provides for the replacement of 
                wooden components with wooden components, unless the 
                use of wood is impracticable for safety reasons.
            ``(4) Federal share.--The Federal share of the cost of a 
        project carried out with a grant under this subsection shall be 
        80 percent.
    ``(d) Funding.--There is authorized to be appropriated to carry out 
this section $14,000,000 for each of fiscal years 2004 through 2009, to 
remain available until expended.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code (as amended by section 1812(b)), is 
amended by adding at the end the following:

``174. National historic covered bridge preservation.''.

SEC. 1814. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PILOT 
              PROGRAM.

    (a) In General.--Subchapter I of chapter 1 of title 23, United 
States Code (as amended by section 1813(a)), is amended by adding at 
the end the following:
``Sec. 175. Transportation and community and system preservation pilot 
              program
    ``(a) Establishment.--The Secretary shall establish a comprehensive 
program to facilitate the planning, development, and implementation of 
strategies by States, metropolitan planning organizations, federally-
recognized Indian tribes, and local governments to integrate 
transportation, community, and system preservation plans and practices 
that address the goals described in subsection (b).
    ``(b) Goals.--The goals of the program are--
            ``(1) to improve the efficiency of the transportation 
        system in the United States;
            ``(2) to reduce the impacts of transportation on the 
        environment;
            ``(3) reduce the need for costly future investments in 
        public infrastructure;
            ``(4) to provide efficient access to jobs, services, and 
        centers of trade; and
            ``(5) to examine development patterns, and to identify 
        strategies, to encourage private sector development patterns 
        that achieve the goals identified in paragraphs (1) through 
        (4).
    ``(c) Allocation of Funds for Implementation.--
            ``(1) In general.--The Secretary shall allocate funds made 
        available to carry out this subsection to States, metropolitan 
        planning organizations, and local governments to carry out 
        projects to address transportation efficiency and community and 
        system preservation.
            ``(2) Criteria.--In allocating funds made available to 
        carry out this subsection, the Secretary shall give priority to 
        applicants that--
                    ``(A) have instituted preservation or development 
                plans and programs that--
                            ``(i) meet the requirements of this title 
                        and chapter 53 of title 49, United States Code; 
                        and
                            ``(ii)(I) are coordinated with State and 
                        local adopted preservation or development 
                        plans;
                            ``(II) are intended to promote cost-
                        effective and strategic investments in 
                        transportation infrastructure that minimize 
                        adverse impacts on the environment; or
                            ``(III) are intended to promote innovative 
                        private sector strategies.
                    ``(B) have instituted other policies to integrate 
                transportation and community and system preservation 
                practices, such as--
                            ``(i) spending policies that direct funds 
                        to high-growth areas;
                            ``(ii) urban growth boundaries to guide 
                        metropolitan expansion;
                            ``(iii) `green corridors' programs that 
                        provide access to major highway corridors for 
                        areas targeted for efficient and compact 
                        development; or
                            ``(iv) other similar programs or policies 
                        as determined by the Secretary;
                    ``(C) have preservation or development policies 
                that include a mechanism for reducing potential impacts 
                of transportation activities on the environment;
                    ``(D) examine ways to encourage private sector 
                investments that address the purposes of this section; 
                and
                    ``(E) propose projects for funding that address the 
                purposes described in subsection (b)(2).
            ``(3) Equitable distribution.--In allocating funds to carry 
        out this subsection, the Secretary shall ensure the equitable 
        distribution of funds to a diversity of populations and 
        geographic regions.
            ``(4) Use of allocated funds.--
                    ``(A) In general.--An allocation of funds made 
                available to carry out this subsection shall be used by 
                the recipient to implement the projects proposed in the 
                application to the Secretary.
                    ``(B) Types of projects.--The allocation of funds 
                shall be available for obligation for--
                            ``(i) any project eligible for funding 
                        under this title or chapter 53 of title 49, 
                        United States Code; or
                            ``(ii) any other activity relating to 
                        transportation and community and system 
                        preservation that the Secretary determines to 
                        be appropriate, including corridor preservation 
                        activities that are necessary to implement--
                                    ``(I) transit-oriented development 
                                plans;
                                    ``(II) traffic calming measures; or
                                    ``(III) other coordinated 
                                transportation and community and system 
                                preservation practices.
    ``(d) 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 $50,000,000 for each of 
        fiscal years 2004 through 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 this chapter.''.
    (b) Eligible Projects.--Section 133(b) of title 23, United States 
Code (as amended by section 1701(a)), is amended by adding at the end 
the following:
            ``(18) Transportation and community system preservation to 
        facilitate the planning, development, and implementation of 
        strategies of metropolitan planning organizations and local 
        governments to integrate transportation, community, and system 
        preservation plans and practices that address the following:
                    ``(A) Improvement of the efficiency of the 
                transportation system in the United States.
                    ``(B) Reduction of the impacts of transportation on 
                the environment.
                    ``(C) Reduction of the need for costly future 
                investments in public infrastructure.
                    ``(D) Provision of efficient access to jobs, 
                services, and centers of trade.
                    ``(E) Examination of development patterns, and 
                identification of strategies to encourage private 
                sector development patterns, that achieve the goals 
                identified in subparagraphs (A) through (D).
            ``(19) Projects relating to intersections, including 
        intersections--
                    ``(A) that--
                            ``(i) have disproportionately high accident 
                        rates;
                            ``(ii) have high levels of congestion, as 
                        evidenced by--
                                    ``(I) interrupted traffic flow at 
                                the intersection; and
                                    ``(II) a level of service rating, 
                                issued by the Transportation Research 
                                Board of the National Academy of 
                                Sciences in accordance with the Highway 
                                Capacity Manual, that is not better 
                                than `F' during peak travel hours; and
                            ``(iii) are directly connected to or 
                        located on a Federal-aid highway; and
                    ``(B) improvements that are approved in the 
                regional plan of the appropriate local metropolitan 
                planning organization.''.
    (c) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code (as amended by section 1813(b)), is 
amended by adding at the end the following:

``175. Transportation and community and system preservation pilot 
                            program.''.

SEC. 1815. TRIBAL-STATE ROAD MAINTENANCE AGREEMENTS.

    Section 204 of title 23, United States Code (as amended by section 
1806(f)(4)), is amended by adding at the end the following:
    ``(n) Tribal-State Road Maintenance Agreements.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, regulation, policy, or guideline, an Indian tribe and a 
        State may enter into a road maintenance agreement under which 
        an Indian tribe assumes the responsibilities of the State for--
                    ``(A) Indian reservation roads; and
                    ``(B) roads providing access to Indian reservation 
                roads.
            ``(2) Tribal-state agreements.--Agreements entered into 
        under paragraph (1)--
                    ``(A) shall be negotiated between the State and the 
                Indian tribe; and
                    ``(B) shall not require the approval of the 
                Secretary.
            ``(3) Annual report.--Effective beginning with fiscal year 
        2004, the Secretary shall prepare and submit to Congress an 
        annual report that identifies--
                    ``(A) the Indian tribes and States that have 
                entered into agreements under paragraph (1);
                    ``(B) the number of miles of roads for which Indian 
                tribes have assumed maintenance responsibilities; and
                    ``(C) the amount of funding transferred to Indian 
                tribes for the fiscal year under agreements entered 
                into under paragraph (1).''.

SEC. 1816. FOREST HIGHWAYS.

    Section 204 of title 23, United States Code (as amended by section 
1815), is amended by adding at the end the following:
    ``(o) Forest Highways.--Of the amounts made available for forest 
highways, $15,000,000 for each fiscal year shall be used to repair 
culverts and bridges on forest highways to--
            ``(1) facilitate appropriate fish passage and ensure 
        reasonable flows; and
            ``(2) maintain and remove such culverts and bridges as 
        appropriate.''.

SEC. 1817. TERRITORIAL HIGHWAY PROGRAM.

    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by striking section 215 and inserting the following:
``Sec. 215. Territorial highway program
    ``(a) Definitions.--In this section:
            ``(1) Program.--The term `program' means the territorial 
        highway program established under subsection (b).
            ``(2) Territory.--The term `territory' means the any of the 
        following territories of the United States:
                    ``(A) American Samoa.
                    ``(B) The Commonwealth of the Northern Mariana 
                Islands.
                    ``(C) Guam.
                    ``(D) The United States Virgin Islands.
    ``(b) Program.--
            ``(1) In general.--Recognizing the mutual benefits that 
        will accrue to the territories and the United States from the 
        improvement of highways in the territories, the Secretary may 
        carry out a program to assist each territorial government in 
        the construction and improvement of a system of arterial and 
        collector highways, and necessary inter-island connectors, that 
        is--
                    ``(A) designated by the Governor or chief executive 
                officer of each territory; and
                    ``(B) approved by the Secretary.
            ``(2) Federal assistance.--The Secretary shall provide 
        Federal financial assistance to territories under this section 
        in accordance with section 120(h).
    ``(c) Technical Assistance.--
            ``(1) In general.--To continue a long-range highway 
        development program, the Secretary may provide technical 
        assistance to the governments of the territories to enable the 
        territories to, on a continuing basis--
                    ``(A) engage in highway planning;
                    ``(B) conduct environmental evaluations;
                    ``(C) administer right-of-way acquisition and 
                relocation assistance programs; and
                    ``(D) design, construct, operate, and maintain a 
                system of arterial and collector highways, including 
                necessary inter-island connectors.
            ``(2) Form and terms of assistance.--Technical assistance 
        provided under paragraph (1), and the terms for the sharing of 
        information among territories receiving the technical 
        assistance, shall be included in the agreement required by 
        subsection (e).
    ``(d) Nonapplicability of Certain Provisions.--
            ``(1) In general.--Except to the extent that provisions of 
        chapter 1 are determined by the Secretary to be inconsistent 
        with the needs of the territories and the intent of the 
        program, chapter 1 (other than provisions of chapter 1 relating 
        to the apportionment and allocation of funds) shall apply to 
        funds authorized to be appropriated for the program.
            ``(2) Applicable provisions.--The specific sections of 
        chapter 1 that are applicable to each territory, and the extent 
        of the applicability of those section, shall be identified in 
        the agreement required by subsection (e).
    ``(e) Agreement.--
            ``(1) In general.--Except as provided in paragraph (3), 
        none of the funds made available for the program shall be 
        available for obligation or expenditure with respect to any 
        territory until the Governor or chief executive officer of the 
        territory enters into a new agreement with the Secretary (which 
        new agreement shall be entered into not later than 1 year after 
        the date of enactment of the Safe, Accountable, Flexible, and 
        Efficient Transportation Equity Act of 2003), providing that 
        the government of the territory shall--
                    ``(A) implement the program in accordance with 
                applicable provisions of chapter 1 and subsection (d);
                    ``(B) design and construct a system of arterial and 
                collector highways, including necessary inter-island 
                connectors, in accordance with standards that are--
                            ``(i) appropriate for each territory; and
                            ``(ii) approved by the Secretary;
                    ``(C) provide for the maintenance of facilities 
                constructed or operated under this section in a 
                condition to adequately serve the needs of present and 
                future traffic; and
                    ``(D) implement standards for traffic operations 
                and uniform traffic control devices that are approved 
                by the Secretary.
            ``(2) Technical assistance.--The new agreement required by 
        paragraph (1) shall--
                    ``(A) specify the kind of technical assistance to 
                be provided under the program;
                    ``(B) include appropriate provisions regarding 
                information sharing among the territories; and
                    ``(C) delineate the oversight role and 
                responsibilities of the territories and the Secretary.
            ``(3) Review and revision of agreement.--The new agreement 
        entered into under paragraph (1) shall be reevaluated and, as 
        necessary, revised, at least every 2 years.
            ``(4) Existing agreements.--With respect to an agreement 
        between the Secretary and the Governor or chief executive 
        officer of a territory that is in effect as of the date of 
        enactment of the Safe, Accountable, Flexible, and Efficient 
        Transportation Equity Act of 2003--
                    ``(A) the agreement shall continue in force until 
                replaced by a new agreement in accordance with 
                paragraph (1); and
                    ``(B) amounts made available for the program under 
                the agreement shall be available for obligation or 
                expenditure so long as the agreement, or a new 
                agreement under paragraph (1), is in effect.
    ``(f) Permissible Uses of Funds.--
            ``(1) In general.--Funds made available for the program may 
        be used only for the following projects and activities carried 
        out in a territory:
                    ``(A) Eligible surface transportation program 
                projects described in section 133(b).
                    ``(B) Cost-effective, preventive maintenance 
                consistent with section 116.
                    ``(C) Ferry boats, terminal facilities, and 
                approaches, in accordance with subsections (b) and (c) 
                of section 129.
                    ``(D) Engineering and economic surveys and 
                investigations for the planning, and the financing, of 
                future highway programs.
                    ``(E) Studies of the economy, safety, and 
                convenience of highway use.
                    ``(F) The regulation and equitable taxation of 
                highway use.
                    ``(G) Such research and development as are 
                necessary in connection with the planning, design, and 
                maintenance of the highway system.
            ``(2) Prohibition on use of funds for routine 
        maintenance.--None of the funds made available for the program 
        shall be obligated or expended for routine maintenance.
    ``(g) Location of Projects.--Territorial highway projects (other 
than those described in paragraphs (1), (3), and (4) of section 133(b)) 
may not be undertaken on roads functionally classified as local.''.
    (b) Conforming Amendments.--
            (1) Eligible projects.--Section 103(b)(6) of title 23, 
        United States Code, is amended by striking subparagraph (P) and 
        inserting the following:
            ``(P) Projects eligible for assistance under the 
        territorial highway program under section 215.''.
            (2) Funding.--Section 104(b)(1)(A) of title 23, United 
        States Code, is amended by striking ``to the Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of Northern Mariana 
        Islands'' and inserting ``for the territorial highway program 
        authorized under section 215''.
            (3) Analysis.--The analysis for chapter 2 of title 23, 
        United States Code, is amended by striking the item relating to 
        section 215 and inserting the following:

``215. Territorial highway program.''.

SEC. 1818. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT 
              PROGRAM.

    Section 322 of title 23, United States Code, is amended--
            (1) in subsection (c)--
                    (A) by striking ``Not later than'' and inserting 
                the following:
            ``(1) Initial solicitation.--Not later than''; and
                    (B) by adding at the end the following:
            ``(2) Additional solicitation.--Not later than 1 year after 
        the date of enactment of this paragraph, the Secretary may 
        solicit additional applications from States, or authorities 
        designated by 1 or more States, for financial assistance 
        authorized by subsection (b) for planning, design, and 
        construction of eligible MAGLEV projects.'';
            (2) in subsection (e), by striking ``Prior to soliciting 
        applications, the Secretary'' and inserting ``The Secretary'';
            (3) in subsection (h)--
                    (A) in subparagraph (A), by striking clause (i) and 
                inserting the following:
                            ``(i) In general.--There is authorized to 
                        be appropriated from the Highway Trust Fund 
                        (other than the Mass Transit Account) to carry 
                        out this section $15,000,000 for each of fiscal 
                        years 2004 through 2009.''; and
                    (B) in subparagraph (B), by striking clause (i) and 
                inserting the following:
                            ``(i) In general.--There are authorized to 
                        be appropriated from the Highway Trust Fund 
                        (other than the Mass Transit Account) to carry 
                        out this section--
                                    ``(I) $375,000,000 for fiscal year 
                                2004;
                                    ``(II) $400,000,000 for fiscal year 
                                2005;
                                    ``(III) $415,000,000 for fiscal 
                                year 2006;
                                    ``(IV) $425,000,000 for fiscal year 
                                2007;
                                    ``(V) $435,000,000 for fiscal year 
                                2008; and
                                    ``(VI) $450,000,000 for fiscal year 
                                2009.''; and
            (4) by striking subsection (i).

SEC. 1819. DONATIONS AND CREDITS.

    Section 323 of title 23, United States Code, is amended--
            (1) in the first sentence of subsection (c), by inserting 
        ``, or a local government from offering to donate funds, 
        materials, or services performed by local government 
        employees,'' after ``services''; and
            (2) striking subsection (e).

SEC. 1820. DISADVANTAGED BUSINESS ENTERPRISES.

    (a) General Rule.--Except to the extent that the Secretary 
determines otherwise, not less than 10 percent of the amounts made 
available for any program under titles I, III, and V of this Act shall 
be expended with small business concerns owned and controlled by 
socially and economically disadvantaged individuals.
    (b) Definitions.--In this section:
            (1) Small business concern.--
                    (A) In general.--The term ``small business 
                concern'' has the meaning given the term under section 
                3 of the Small Business Act (15 U.S.C. 632).
                    (B) Exclusion.--The term ``small business concern'' 
                does not include any concern or group of concerns 
                controlled by the same socially and economically 
                disadvantaged individual or individuals that has 
                average annual gross receipts over the preceding 3 
                fiscal years in excess of $17,420,000, as adjusted by 
                the Secretary for inflation.
            (2) Socially and economically disadvantaged individuals.--
        The term ``socially and economically disadvantaged 
        individuals'' has the meaning given the term under section 8(d) 
        of the Small Business Act (15 U.S.C. 637(d)) and relevant 
        subcontracting regulations promulgated under that section, 
        except that women shall be presumed to be socially and 
        economically disadvantaged individuals for the purposes of this 
        section.
    (c) Annual Listing of Disadvantaged Business Enterprises.--Each 
State shall annually survey and compile a list of the small business 
concerns referred to in subsection (a) and the location of such 
concerns in the State and notify the Secretary, in writing, of the 
percentage of such concerns which are controlled by women, by socially 
and economically disadvantaged individuals (other than women), and by 
individuals who are women and are otherwise socially and economically 
disadvantaged individuals.
    (d) Uniform Certification.--The Secretary shall establish minimum 
uniform criteria for State governments to use in certifying whether a 
concern qualifies for purposes of this subsection. Such minimum uniform 
criteria shall include on-site visits, personal interviews, licenses, 
analysis of stock ownership, listing of equipment, analysis of bonding 
capacity, listing of work completed, resume of principal owners, 
financial capacity, and type of work preferred.
    (e) Compliance With Court Orders.--Nothing in this section limits 
the eligibility of an entity or person to receive funds made available 
under titles I, III, and V of this Act, if the entity or person is 
prevented, in whole or in part, from complying with subsection (a) 
because a Federal court issues a final order in which the court finds 
that the requirement of subsection (a), or the program established 
under subsection (a), is unconstitutional.

                   Subtitle I--Technical Corrections

SEC. 1901. REPEAL OR UPDATE OF OBSOLETE TEXT.

    (a) Letting of Contracts.--Section 112 of title 23, United States 
Code, is amended--
            (1) by striking subsection (f); and
            (2) by redesignating subsection (g) as subsection (f).
    (b) Fringe and Corridor Parking Facilities.--Section 137(a) of 
title 23, United States Code, is amended in the first sentence by 
striking ``on the Federal-aid urban system'' and inserting ``on a 
Federal-aid highway''.

SEC. 1902. CLARIFICATION OF DATE.

    Section 109(g) of title 23, United States Code, is amended in the 
first sentence by striking ``The Secretary'' and all that follows 
through ``of 1970'' and inserting ``Not later than January 30, 1971, 
the Secretary shall issue''.

SEC. 1903. INCLUSION OF REQUIREMENTS FOR SIGNS IDENTIFYING FUNDING 
              SOURCES IN TITLE 23.

    (a) In General.--Section 154 of the Federal-Aid Highway Act of 1987 
(23 U.S.C. 101 note; 101 Stat. 209) is--
            (1) transferred to title 23, United States Code;
            (2) redesignated as section 321;
            (3) moved to appear after section 320 of that title; and
            (4) amended by striking the section heading and inserting 
        the following:
``Sec. 321. Signs identifying funding sources''.
    (b) Conforming Amendment.--The analysis for chapter 3 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 320 the following:

``321. Signs identifying funding sources.''.

SEC. 1904. INCLUSION OF BUY AMERICA REQUIREMENTS IN TITLE 23.

    (a) In General.--Section 165 of the Highway Improvement Act of 1982 
(23 U.S.C. 101 note; 96 Stat. 2136) is--
            (1) transferred to title 23, United States Code;
            (2) redesignated as section 313;
            (3) moved to appear after section 312 of that title; and
            (4) amended by striking the section heading and inserting 
        the following:
``Sec. 313. Buy America''.
    (b) Conforming Amendments.--
            (1) The analysis for chapter 3 of title 23, United States 
        Code, is amended by inserting after the item relating to 
        section 312 the following:

``313. Buy America.''.
            (2) Section 313 of title 23, United States Code (as added 
        by subsection (a)), is amended--
                    (A) in subsection (a), by striking ``by this Act'' 
                the first place it appears and all that follows through 
                ``of 1978'' and inserting ``to carry out the Surface 
                Transportation Assistance Act of 1982 (96 Stat. 2097) 
                or this title'';
                    (B) in subsection (b), by redesignating paragraph 
                (4) as paragraph (3);
                    (C) in subsection (d), by striking ``this Act,'' 
                and all that follows through ``Code, which'' and 
                inserting ``the Surface Transportation Assistance Act 
                of 1982 (96 Stat. 2097) or this title that'';
                    (D) by striking subsection (e); and
                    (E) by redesignating subsections (f) and (g) as 
                subsections (e) and (f), respectively.

SEC. 1905. TECHNICAL AMENDMENTS TO NONDISCRIMINATION SECTION.

    Section 140 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in the first sentence, by striking ``subsection 
                (a) of section 105 of this title'' and inserting 
                ``section 135'';
                    (B) in the second sentence, by striking ``He'' and 
                inserting ``The Secretary'';
                    (C) in the third sentence, by striking ``where he 
                considers it necessary to assure'' and inserting ``if 
                necessary to ensure''; and
                    (D) in the last sentence--
                            (i) by striking ``him'' and inserting ``the 
                        Secretary'' and
                            (ii) by striking ``he'' and inserting ``the 
                        Secretary'';
            (2) in subsection (b)--
                    (A) in the first sentence, by striking ``highway 
                construction'' and inserting ``surface 
                transportation''; and
                    (B) in the second sentence--
                            (i) by striking ``as he may deem 
                        necessary'' and inserting ``as necessary''; and
                            (ii) by striking ``not to exceed $2,500,000 
                        for the transition quarter ending September 30, 
                        1976, and'';
            (3) in the second sentence of subsection (c)--
                    (A) by striking ``subsection 104(b)(3) of this 
                title'' and inserting ``section 104(b)(3)''; and
                    (B) by striking ``he may deem''; and
            (4) in the heading of subsection (d), by striking ``and 
        contracting''.

                   TITLE II--TRANSPORTATION RESEARCH

                          Subtitle A--Funding

SEC. 2001. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Surface transportation research.--
                    (A) In general.--For carrying out sections 502, 
                503, 506, 507, 508, and 511 of title 23, United States 
                Code--
                            (i) $211,000,000 for each of fiscal years 
                        2004 and 2005;
                            (ii) $215,000,000 for fiscal year 2006;
                            (iii) $218,000,000 for fiscal year 2007;
                            (iv) $220,000,000 for fiscal year 2008; and
                            (v) $223,000,000 for fiscal year 2009.
                    (B) Surface transportation-environmental 
                cooperative research program.--For each of fiscal years 
                2004 through 2009, the Secretary shall set aside 
                $20,000,000 of the funds apportioned under subparagraph 
                (A) to carry out the surface transportation-
                environmental cooperative research program.
            (2) Training and education.--For carrying out section 504 
        of title 23, United States Code--
                    (A) $27,000,000 for fiscal year 2004;
                    (B) $28,000,000 for fiscal year 2005;
                    (C) $29,000,000 for fiscal year 2006;
                    (D) $30,000,000 for fiscal year 2007;
                    (E) $31,000,000 for fiscal year 2008; and
                    (F) $32,000,000 for fiscal year 2009.
            (3) Bureau of transportation statistics.--For the Bureau of 
        Transportation Statistics to carry out section 111 of title 49, 
        United States Code, $28,000,000 for each of fiscal years 2004 
        through 2009.
            (4) ITS standards, research, operational tests, and 
        development.--For carrying out sections 524, 525, 526, 527, 
        528, and 529 of title 23, United States Code--
                    (A) $120,000,000 for fiscal year 2004;
                    (B) $123,000,000 for fiscal year 2005;
                    (C) $126,000,000 for fiscal year 2006;
                    (D) $129,000,000 for fiscal year 2007;
                    (E) $132,000,000 for fiscal year 2008; and
                    (F) $135,000,000 for fiscal year 2009.
            (5) University transportation centers.--For carrying out 
        section 510 of title 23, United States Code--
                    (A) $40,000,000 for fiscal year 2004; and
                    (B) $45,000,000 for each of fiscal years 2005 
                through 2009.
    (b) Applicability of Title 23, United States Code.--Funds 
authorized to be appropriated by subsection (a)--
            (1) 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 the Federal share of the cost 
        of a project or activity carried out using the funds shall be 
        the share applicable under section 120(b) of title 23, United 
        States Code, as adjusted under subsection (d) of that section 
        (unless otherwise specified or otherwise determined by the 
        Secretary); and
            (2) shall remain available until expended.
    (c) Allocations.--
            (1) Surface transportation research.--Of the amounts made 
        available under subsection (a)(1)--
                    (A) $27,000,000 for each of fiscal years 2004 
                through 2009 shall be available to carry out advanced, 
                high-risk, long-term research under section 502(d) of 
                title 23, United States Code; and
                    (B) $18,000,000 for fiscal years 2004 and 2005, 
                $17,000,000 for fiscal year 2006, $15,000,000 for 
                fiscal year 2007, $12,000,000 for fiscal year 2008, and 
                $10,00,000 for fiscal year 2009 shall be available to 
                carry out the long-term pavement performance program 
                under section 502(e) of that title.
            (2) Technology application program.--Of the amounts made 
        available under subsection (a)(1), $60,000,000 for each of 
        fiscal years 2004 through 2009 shall be available to carry out 
        section 503 of title 23, United States Code.
            (3) Training and education.--Of the amounts made available 
        under subsection (a)(2)--
                    (A) $12,000,000 for fiscal year 2004, $12,500,000 
                for fiscal year 2005, $13,000,000 for fiscal year 2006, 
                $13,500,000 for fiscal year 2007, $14,000,000 for 
                fiscal year 2008, and $14,500,000 for fiscal year 2009 
                shall be available to carry out section 504(a) of title 
                23, United States Code (relating to the National 
                Highway Institute);
                    (B) $12,000,000 for fiscal year 2004, $12,500,000 
                for fiscal year 2005, $13,000,000 for fiscal year 2006, 
                $13,500,000 for fiscal year 2007, $14,000,000 for 
                fiscal year 2008, and $14,500,000 for fiscal year 2009 
                shall be available to carry out section 504(b) of that 
                title (relating to local technical assistance); and
                    (C) $3,000,000 for each of fiscal years 2004 
                through 2009 shall be available to carry out section 
                504(c)(2) of that title (relating to the Eisenhower 
                Transportation Fellowship Program).
            (4) International highway transportation outreach 
        program.--Of the amounts made available under subsection 
        (a)(1), $500,000 for each of fiscal years 2004 through 2009 
        shall be available to carry out section 506 of title 23, United 
        States Code.
            (5) New strategic highway research program.--For each of 
        fiscal years 2004 through 2009, to carry out section 509 of 
        title 23, United States Code, the Secretary shall set aside--
                    (A) $15,000,000 of the amounts made available to 
                carry out the interstate maintenance program under 
                section 119 of title 23, United States Code, for the 
                fiscal year;
                    (B) $19,000,000 of the amounts made available for 
                the National Highway System under section 101 of title 
                23, United States Code, for the fiscal year;
                    (C) $13,000,000 of the amounts made available to 
                carry out the bridge program under section 144 of title 
                23, United States Code, for the fiscal year;
                    (D) $20,000,000 of the amounts made available to 
                carry out the surface transportation program under 
                section 133 of title 23, United States Code, for the 
                fiscal year;
                    (E) $5,000,000 of the amounts made available to 
                carry out the congestion mitigation and air quality 
                improvement program under section 149 of title 23, 
                United States Code, for the fiscal year; and
                    (F) $3,000,000 of the amounts made available to 
                carry out the highway safety improvement program under 
                section 148 of title 23, United States Code, for the 
                fiscal year.
            (6) Commercial vehicle intelligent transportation system 
        infrastructure program.--Of the amounts made available under 
        subsection (a)(4), not less than $30,000,000 for each of fiscal 
        years 2004 through 2009 shall be available to carry out section 
        527 of title 23, United States Code.
    (d) Transfers of Funds.--The Secretary may transfer--
            (1) to an amount made available under paragraphs (1), (2), 
        or (4) of subsection (c), not to exceed 10 percent of the 
        amount allocated for a fiscal year under any other of those 
        paragraphs; and
            (2) to an amount made available under subparagraphs (A), 
        (B), or (C) of subsection (c)(3), not to exceed 10 percent of 
        the amount allocated for a fiscal year under any other of those 
        subparagraphs.

SEC. 2002. OBLIGATION CEILING.

    Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Highway Trust Fund 
(other than the Mass Transit Account) by section 2001(a) shall not 
exceed--
            (1) $496,000,000 for fiscal year 2004;
            (2) $510,000,000 for fiscal year 2005;
            (3) $518,000,000 for fiscal year 2006;
            (4) $525,000,000 for fiscal year 2007;
            (5) $531,000,000 for fiscal year 2008; and
            (6) $538,000,000 for fiscal year 2009.

SEC. 2003. NOTICE.

    (a) Notice of Reprogramming.--If any funds authorized for carrying 
out this title or the amendments made by this title are subject to a 
reprogramming action that requires notice to be provided to the 
Committee on Appropriations of the House of Representatives and the 
Committee on Appropriations of the Senate, notice of that action shall 
be concurrently provided to the Committee on Transportation and 
Infrastructure and the Committee on Science of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate.
    (b) Notice of Reorganization.--On or before the 15th day preceding 
the date of any major reorganization of a program, project, or activity 
of the Department of Transportation for which funds are authorized by 
this title or the amendments made by this title, the Secretary shall 
provide notice of the reorganization to the Committee on Transportation 
and Infrastructure and the Committee on Science of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate.

                  Subtitle B--Research and Technology

SEC. 2101. RESEARCH AND TECHNOLOGY PROGRAM.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended to read as follows:

                  ``CHAPTER 5--RESEARCH AND TECHNOLOGY

                 ``Subchapter I--Surface Transportation

``Sec.
``501. Definitions.
``502. Surface transportation research.
``503. Technology application program.
``504. Training and education.
``505. State planning and research.
``506. International highway transportation outreach program.
``507. Surface transportation-environment cooperative research program.
``508. Surface transportation research technology deployment and 
                            strategic planning.
``509. New strategic highway research program.
``510. University transportation centers.

    ``SUBCHAPTER II--INTELLIGENT TRANSPORTATION SYSTEM RESEARCH AND 
                      TECHNICAL ASSISTANCE PROGRAM

``521. Finding.
``522. Goals and purposes.
``523. Definitions.
``524. General authorities and requirements.
``525. National ITS Program Plan.
``526. National ITS architecture and standards.
``527. Commercial vehicle intelligent transportation system 
                            infrastructure program.
``528. Research and development.
``529. Use of funds.

                 ``SUBCHAPTER I--SURFACE TRANSPORTATION

``Sec. 501. Definitions
    ``In this subchapter:
            ``(1) Federal laboratory.--The term `Federal laboratory' 
        includes--
                    ``(A) a Government-owned, Government-operated 
                laboratory; and
                    ``(B) a Government-owned, contractor-operated 
                laboratory.
            ``(2) Safety.--The term `safety' includes highway and 
        traffic safety systems, research, and development relating to--
                    ``(A) vehicle, highway, driver, passenger, 
                bicyclist, and pedestrian characteristics;
                    ``(B) accident investigations;
                    ``(C) communications;
                    ``(D) emergency medical care; and
                    ``(E) transportation of the injured.
``Sec. 502. Surface transportation research
    ``(a) In General.--
            ``(1) Research, development, and technology transfer 
        activities.--The Secretary may carry out research, development, 
        and technology transfer activities with respect to--
                    ``(A) all phases of transportation planning and 
                development (including new technologies, construction, 
                transportation systems management and operations 
                development, design, maintenance, safety, security, 
                financing, data collection and analysis, demand 
                forecasting, multimodal assessment, and traffic 
                conditions); and
                    ``(B) the effect of State laws on the activities 
                described in subparagraph (A).
            ``(2) Tests and development.--The Secretary may test, 
        develop, or assist in testing and developing, any material, 
        invention, patented article, or process.
            ``(3) Cooperation, grants, and contracts.--
                    ``(A) In general.--The Secretary may carry out this 
                section--
                            ``(i) independently;
                            ``(ii) in cooperation with--
                                    ``(I) any other Federal agency or 
                                instrumentality; and
                                    ``(II) any Federal laboratory; or
                            ``(iii) by making grants to, or entering 
                        into contracts, cooperative agreements, and 
                        other transactions with--
                                    ``(I) the National Academy of 
                                Sciences;
                                    ``(II) the American Association of 
                                State Highway and Transportation 
                                Officials;
                                    ``(III) planning organizations;
                                    ``(IV) a Federal laboratory;
                                    ``(V) a State agency;
                                    ``(VI) an authority, association, 
                                institution, or organization;
                                    ``(VII) a for-profit or nonprofit 
                                corporation;
                                    ``(VIII) a foreign country; or
                                    ``(IX) any other person.
                    ``(B) Competition; review.--All parties entering 
                into contracts, cooperative agreements or other 
                transactions with the Secretary, or receiving grants, 
                to perform research or provide technical assistance 
                under this section shall be selected, to the maximum 
                extent practicable--
                            ``(i) on a competitive basis; and
                            ``(ii) on the basis of the results of peer 
                        review of proposals submitted to the Secretary.
            ``(4) Technological innovation.--The programs and 
        activities carried out under this section shall be consistent 
        with the surface transportation research and technology 
        development strategic plan developed under section 508(c).
            ``(5) Funds.--
                    ``(A) Special account.--In addition to other funds 
                made available to carry out this section, the Secretary 
                shall use such funds as may be deposited by any 
                cooperating organization or person in a special account 
                of the Treasury established for this purpose.
                    ``(B) Use of funds.--The Secretary shall use funds 
                made available to carry out this section to develop, 
                administer, communicate, and promote the use of 
                products of research, development, and technology 
                transfer programs under this section.
    ``(b) Collaborative Research and Development.--
            ``(1) In general.--To encourage innovative solutions to 
        surface transportation problems and stimulate the deployment of 
        new technology, the Secretary may carry out, on a cost-shared 
        basis, collaborative research and development with--
                    ``(A) non-Federal entities (including State and 
                local governments, foreign governments, colleges and 
                universities, corporations, institutions, partnerships, 
                sole proprietorships, and trade associations that are 
                incorporated or established under the laws of any 
                State); and
                    ``(B) Federal laboratories.
            ``(2) Agreements.--In carrying out this subsection, the 
        Secretary may enter into cooperative research and development 
        agreements (as defined in section 12 of the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3710a)).
            ``(3) Federal share.--
                    ``(A) In general.--The Federal share of the cost of 
                activities carried out under a cooperative research and 
                development agreement entered into under this 
                subsection shall not exceed 50 percent, except that if 
                there is substantial public interest or benefit, the 
                Secretary may approve a greater Federal share.
                    ``(B) Non-federal share.--All costs directly 
                incurred by the non-Federal partners, including 
                personnel, travel, and hardware development costs, 
                shall be credited toward the non-Federal share of the 
                cost of the activities described in subparagraph (A).
            ``(4) Use of technology.--The research, development, or use 
        of a technology under a cooperative research and development 
        agreement entered into under this subsection, including the 
        terms under which the technology may be licensed and the 
        resulting royalties may be distributed, shall be subject to the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3701 et seq.).
            ``(5) Waiver of advertising requirements.--Section 3709 of 
        the Revised Statutes (41 U.S.C. 5) shall not apply to a 
        contract or agreement entered into under this chapter.
    ``(c) Contents of Research Program.--The Secretary shall include as 
priority areas of effort within the surface transportation research 
program--
            ``(1) the development of new technologies and methods in 
        materials, pavements, structures, design, and construction, 
        with the objectives of--
                    ``(A)(i) increasing to 50 years the expected life 
                of pavements;
                    ``(ii) increasing to 100 years the expected life of 
                bridges; and
                    ``(iii) significantly increasing the durability of 
                other infrastructure;
                    ``(B) lowering the life-cycle costs, including--
                            ``(i) construction costs;
                            ``(ii) maintenance costs;
                            ``(iii) operations costs; and
                            ``(vi) user costs.
            ``(2) the development, and testing for effectiveness, of 
        nondestructive evaluation technologies for civil infrastructure 
        using existing and new technologies;
            ``(3) the investigation of--
                    ``(A) the application of current natural hazard 
                mitigation techniques to manmade hazards; and
                    ``(B) the continuation of hazard mitigation 
                research combining manmade and natural hazards;
            ``(4) the improvement of safety--
                    ``(A) at intersections;
                    ``(B) with respect to accidents involving vehicles 
                run off the road; and
                    ``(C) on rural roads;
            ``(5) the reduction of work zone incursions and improvement 
        of work zone safety;
            ``(6) the improvement of geometric design of roads for the 
        purpose of safety;
            ``(7) the examination of data collected through the 
        national bridge inventory conducted under section 144 using the 
        national bridge inspection standards established under section 
        151, with the objectives of determining whether--
                    ``(A) the most useful types of data are being 
                collected; and
                    ``(B) any improvement could be made in the types of 
                data collected and the manner in which the data is 
                collected, with respect to bridges in the United 
                States;
            ``(8) the improvement of the infrastructure investment 
        needs report described in subsection (g) through--
                    ``(A) the study and implementation of new methods 
                of collecting better quality data, particularly with 
                respect to performance, congestion, and infrastructure 
                conditions;
                    ``(B) monitoring of the surface transportation 
                system in a system-wide manner, through the use of--
                            ``(i) intelligent transportation system 
                        technologies of traffic operations centers; and
                            ``(ii) other new data collection 
                        technologies as sources of better quality 
                        performance data;
                    ``(C) the determination of the critical metrics 
                that should be used to determine the condition and 
                performance of the surface transportation system; and
                    ``(D) the study and implementation of new methods 
                of statistical analysis and computer models to improve 
                the prediction of future infrastructure investment 
                requirements;
            ``(9) the development of methods to improve the 
        determination of benefits from infrastructure improvements, 
        including--
                    ``(A) more accurate calculations of benefit-to-cost 
                ratios, considering benefits and impacts throughout 
                local and regional transportation systems;
                    ``(B) improvements in calculating life-cycle costs; 
                and
                    ``(C) valuation of assets;
            ``(10) the improvement of planning processes to better 
        predict outcomes of transportation projects, including the 
        application of computer simulations in the planning process to 
        predict outcomes of planning decisions;
            ``(11) the multimodal applications of Geographic 
        Information Systems and remote sensing, including such areas of 
        application as--
                    ``(A) planning;
                    ``(B) environmental decisionmaking and project 
                delivery; and
                    ``(C) freight movement;
            ``(12) the development and application of methods of 
        providing revenues to the Highway Trust Fund with the objective 
        of offsetting potential reductions in fuel tax receipts;
            ``(13) the development of tests and methods to determine 
        the benefits and costs to communities of major transportation 
        investments and projects;
            ``(14) the conduct of extreme weather research, including 
        research to--
                    ``(A) reduce contraction and expansion damage;
                    ``(B) reduce or repair road damage caused by 
                freezing and thawing;
                    ``(C) improve deicing or snow removal techniques;
                    ``(D) develop better methods to reduce the risk of 
                thermal collapse, including collapse from changes in 
                underlying permafrost;
                    ``(E) improve concrete and asphalt installation in 
                extreme weather conditions; and
                    ``(F) make other improvements to protect highway 
                infrastructure or enhance highway safety or 
                performance;
            ``(15) the improvement of planning processes and project 
        development through the development and application of 
        collaboration tools and strategies for finding transportation 
        solutions; and
            ``(16) any other surface transportation research topics 
        that the Secretary determines, in accordance with the strategic 
        planning process under section 508, to be critical.
    ``(d) Advanced, High-Risk Research.--
            ``(1) In general.--The Secretary shall establish and carry 
        out, in accordance with the surface transportation research and 
        technology development strategic plan developed under section 
        508(c) and research priority areas described in subsection (c), 
        an advanced research program that addresses longer-term, 
        higher-risk research with potentially dramatic breakthroughs 
        for improving the durability, efficiency, environmental impact, 
        productivity, and safety (including bicycle and pedestrian 
        safety) aspects of highway and intermodal transportation 
        systems.
            ``(2) Partnerships.--In carrying out the program, the 
        Secretary shall seek to develop partnerships with the public 
        and private sectors.
            ``(3) Report.--The Secretary shall include in the strategic 
        plan required under section 508(c) a description of each of the 
        projects, and the amount of funds expended for each project, 
        carried out under this subsection during the fiscal year.
    ``(e) Long-Term Pavement Performance Program.--
            ``(1) Authority.--The Secretary shall continue, through 
        September 30, 2009, the long-term pavement performance program 
        tests, monitoring, and data analysis.
            ``(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.
            ``(3) Conclusion of program.--
                    ``(A) Summary report.--The Secretary shall include 
                in the strategic plan required under section 508(c) a 
                report on the initial conclusions of the long-term 
                pavement performance program that includes--
                            ``(i) an analysis of any research 
                        objectives that remain to be achieved under the 
                        program;
                            ``(ii) an analysis of other associated 
                        longer-term expenditures under the program that 
                        are in the public interest;
                            ``(iii) a detailed plan regarding the 
                        storage, maintenance, and user support of the 
                        database, information management system, and 
                        materials reference library of the program;
                            ``(iv) a schedule for continued 
                        implementation of the necessary data collection 
                        and analysis and project plan under the 
                        program; and
                            ``(v) an estimate of the costs of carrying 
                        out each of the activities described in clauses 
                        (i) through (iv) for each fiscal year during 
                        which the program is carried out.
                    ``(B) Deadline; usefulness of advances.--The 
                Secretary shall, to the maximum extent practicable--
                            ``(i) ensure that the long-term pavement 
                        performance program is concluded not later than 
                        September 30, 2009; and
                            ``(ii) make such allowances as are 
                        necessary to ensure the usefulness of the 
                        technological advances resulting from the 
                        program.
    ``(f) Seismic Research.--The Secretary shall--
            ``(1) in consultation and cooperation with Federal agencies 
        participating in the National Earthquake Hazards Reduction 
        Program established by section 5 of the Earthquake Hazards 
        Reduction Act of 1977 (42 U.S.C. 7704), coordinate the conduct 
        of seismic research; and
            ``(2) take such actions as are necessary to ensure that the 
        coordination of the research is consistent with--
                    ``(A) planning and coordination activities of the 
                Director of the Federal Emergency Management Agency 
                under section 5(b)(1) of that Act (42 U.S.C. 
                7704(b)(1)); and
                    ``(B) the plan developed by the Director of the 
                Federal Emergency Management Agency under section 8(b) 
                of that Act (42 U.S.C. 7705b(b)).
    ``(g) Infrastructure Investment Needs Report.--
            ``(1) In general.--Not later than July 31, 2004, and July 
        31 of every second year 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 that describes--
                    ``(A) estimates of the future highway and bridge 
                needs of the United States; and
                    ``(B) the backlog of current highway and bridge 
                needs.
            ``(2) Comparison with prior reports.--Each report under 
        paragraph (1) shall provide the means, including all necessary 
        information, to relate and compare the conditions and service 
        measures used in the previous biennial reports.
    ``(h) Security Related Research and Technology Transfer 
Activities.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Safe, Accountable, Flexible, and Efficient 
        Transportation Equity Act of 2003, the Secretary, in 
        consultation with the Secretary of Homeland Security, with key 
        stakeholder input (including State transportation departments) 
        shall develop a 5-year strategic plan for research and 
        technology transfer and deployment activities pertaining to the 
        security aspects of highway infrastructure and operations.
            ``(2) Components of plan.--The plan shall include--
                    ``(A) an identification of which agencies are 
                responsible for the conduct of various research and 
                technology transfer activities;
                    ``(B) a description of the manner in which those 
                activities will be coordinated; and
                    ``(C) a description of the process to be used to 
                ensure that the advances derived from relevant 
                activities supported by the Federal Highway 
                Administration are consistent with the operational 
                guidelines, policies, recommendations, and regulations 
                of the Department of Homeland Security; and
                    ``(D) a systematic evaluation of the research that 
                should be conducted to address, at a minimum--
                            ``(i) vulnerabilities of, and measures that 
                        may be taken to improve, emergency response 
                        capabilities and evacuations;
                            ``(ii) recommended upgrades of traffic 
                        management during crises;
                            ``(iii) enhanced communications among the 
                        public, the military, law enforcement, fire and 
                        emergency medical services, and transportation 
                        agencies;
                            ``(iv) protection of critical, security-
                        related infrastructure; and
                            ``(v) structural reinforcement of key 
                        facilities.
            ``(3) Submission.--On completion of the plan under this 
        subsection, 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) a copy of the plan developed under paragraph 
                (1); and
                    ``(B) a copy of a memorandum of understanding 
                specifying coordination strategies and assignment of 
                responsibilities covered by the plan that is signed by 
                the Secretary and the Secretary of Homeland Security.
``Sec. 503. Technology application program
    ``(a) Technology Application Initiatives and Partnerships 
Program.--
            ``(1) Establishment.--The Secretary, in consultation with 
        interested stakeholders, shall develop and administer a 
        national technology application initiatives and partnerships 
        program.
            ``(2) Purpose.--The purpose of the program shall be to 
        significantly accelerate the adoption of innovative 
        technologies by the surface transportation community.
            ``(3) Application goals.--
                    ``(A) Establishment.--Not later than 180 days after 
                the date of enactment of the Safe, Accountable, 
                Flexible, and Efficient Transportation Equity Act of 
                2003, the Secretary, in consultation with the Surface 
                Transportation Research Technology Advisory Committee, 
                State transportation departments, and other interested 
                stakeholders, shall establish, as part of the surface 
                transportation research and technology development 
                strategic plan under section 508(c), goals to carry out 
                paragraph (1).
                    ``(B) Design.--Each of the goals and the program 
                developed to achieve the goals shall be designed to 
                provide tangible benefits, with respect to 
                transportation systems, in the areas of efficiency, 
                safety, reliability, service life, environmental 
                protection, and sustainability.
                    ``(C) Strategies for achievement.--For each goal, 
                the Secretary, in cooperation with representatives of 
                the transportation community, such as States, local 
                governments, the private sector, and academia, shall 
                use domestic and international technology to develop 
                strategies and initiatives to achieve the goal, 
                including technical assistance in deploying technology 
                and mechanisms for sharing information among program 
                participants.
            ``(4) Integration with other programs.--The Secretary shall 
        integrate activities carried out under this subsection with the 
        efforts of the Secretary to--
                    ``(A) disseminate the results of research sponsored 
                by the Secretary; and
                    ``(B) facilitate technology transfer.
            ``(5) Leveraging of federal resources.--In selecting 
        projects to be carried out under this subsection, the Secretary 
        shall give preference to projects that leverage Federal funds 
        with other significant public or private resources.
            ``(6) 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.
            ``(7) Reports.--The results and progress of activities 
        carried out under this section shall be published as part of 
        the annual transportation research report prepared by the 
        Secretary under section 508(c)(5).
            ``(8) Allocation.--To the extent appropriate to achieve the 
        goals established under paragraph (3), the Secretary may 
        further allocate funds made available to carry out this section 
        to States for use by those States.
    ``(b) Innovative Surface Transportation Infrastructure Research and 
Construction Program.--
            ``(1) In general.--The Secretary shall establish and carry 
        out a program for the application of innovative material, 
        design, and construction technologies in the construction, 
        preservation, and rehabilitation of elements of surface 
        transportation infrastructure.
            ``(2) Goals.--The goals of the program shall include--
                    ``(A) the development of new, cost-effective, and 
                innovative materials;
                    ``(B) the reduction of maintenance costs and life-
                cycle costs of elements of infrastructure, including 
                the costs of new construction, replacement, and 
                rehabilitation;
                    ``(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 surface transportation infrastructure;
                    ``(E) the development of highway bridges and 
                structures that will withstand natural disasters and 
                disasters caused by human activity; and
                    ``(F) the development of new, nondestructive 
                technologies and techniques for the evaluation of 
                elements of transportation infrastructure.
            ``(3) Grants, cooperative agreements, and contracts.--
                    ``(A) In general.--Under the program, the Secretary 
                shall make grants to, and enter into cooperative 
                agreements and contracts with--
                            ``(i) States, other Federal agencies, 
                        universities and colleges, private sector 
                        entities, and nonprofit organizations, to pay 
                        the Federal share of the cost of research, 
                        development, and technology transfer concerning 
                        innovative materials and methods; and
                            ``(ii) States, to pay the Federal share of 
                        the cost of repair, rehabilitation, 
                        replacement, and new construction of elements 
                        of surface transportation infrastructure that 
                        demonstrate the application of innovative 
                        materials and methods.
                    ``(B) Applications.--
                            ``(i) In general.--To receive a grant under 
                        this subsection, an entity described in 
                        subparagraph (A) shall submit to the Secretary 
                        an application in such form and containing such 
                        information as the Secretary may require.
                            ``(ii) Approval.--The Secretary shall 
                        select and approve an application based on 
                        whether the proposed project that is the 
                        subject of the application would meet the goals 
                        described in paragraph (2).
            ``(4) Technology and information transfer.--The Secretary 
        shall take such action as is necessary to--
                    ``(A) 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; and
                    ``(B) encourage the use of the information and 
                technology.
            ``(5) Federal share.--The Federal share of the cost of a 
        project under this section shall be determined by the 
        Secretary.
``Sec. 504. Training and education
    ``(a) National Highway Institute.--
            ``(1) In general.--The Secretary shall--
                    ``(A) operate, in the Federal Highway 
                Administration, a National Highway Institute (referred 
                to in this subsection as the `Institute'); and
                    ``(B) administer, through the Institute, the 
                authority vested in the Secretary by this title or by 
                any other law for the development and conduct of 
                education and training programs relating to highways.
            ``(2) Duties of the institute.--In cooperation with State 
        transportation departments, industries in the United States, 
        and national or international entities, the Institute shall 
        develop and administer education and training programs of 
        instruction for--
                    ``(A) Federal Highway Administration, State, and 
                local transportation agency employees;
                    ``(B) regional, State, and metropolitan planning 
                organizations;
                    ``(C) State and local police, public safety, and 
                motor vehicle employees; and
                    ``(D) United States citizens and foreign nationals 
                engaged or to be engaged in surface transportation work 
                of interest to the United States.
            ``(3) Courses.--
                    ``(A) In general.--The Institute shall--
                            ``(i) develop or update existing courses in 
                        asset management, including courses that 
                        include such components as--
                                    ``(I) the determination of life-
                                cycle costs;
                                    ``(II) the valuation of assets;
                                    ``(III) benefit-to-cost ratio 
                                calculations; and
                                    ``(IV) objective decisionmaking 
                                processes for project selection; and
                            ``(ii) continually develop courses relating 
                        to the application of emerging technologies 
                        for--
                                    ``(I) transportation infrastructure 
                                applications and asset management;
                                    ``(II) intelligent transportation 
                                systems;
                                    ``(III) operations (including 
                                security operations);
                                    ``(IV) the collection and archiving 
                                of data;
                                    ``(V) expediting the planning and 
                                development of transportation projects; 
                                and
                                    ``(VI) the intermodal movement of 
                                individuals and freight.
                    ``(B) Additional courses.--In addition to the 
                courses developed under subparagraph (A), the 
                Institute, in consultation with State transportation 
                departments, metropolitan planning organizations, and 
                the American Association of State Highway and 
                Transportation Officials, may develop courses relating 
                to technology, methods, techniques, engineering, 
                construction, safety, maintenance, environmental 
                mitigation and compliance, regulations, management, 
                inspection, and finance.
                    ``(C) Revision of courses offered.--The Institute 
                shall periodically--
                            ``(i) review the course inventory of the 
                        Institute; and
                            ``(ii) revise or cease to offer courses 
                        based on course content, applicability, and 
                        need.
            ``(4) Eligibility; federal share.--The funds apportioned to 
        a State under section 104(b)(3) for the surface transportation 
        program shall be expended by the State transportation 
        department for the payment of not to exceed 80 percent of the 
        cost of tuition and direct educational expenses (excluding 
        salaries) in connection with the education and training of 
        employees of State and local transportation agencies in 
        accordance with this subsection.
            ``(5) Federal responsibility.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), education and training of employees 
                of Federal, State, and local transportation (including 
                highway) agencies authorized under this subsection may 
                be provided--
                            ``(i) by the Secretary, at no cost to the 
                        States and local governments, if the Secretary 
                        determines that provision at no cost is in the 
                        public interest; or
                            ``(ii) by the State, through grants, 
                        cooperative agreements, and contracts with 
                        public and private agencies, institutions, 
                        individuals, and the Institute.
                    ``(B) Payment of full cost by private persons.--
                Private agencies, international or foreign entities, 
                and individuals shall pay the full cost of any 
                education and training (including the cost of course 
                development) received by the agencies, entities, and 
                individuals, unless the Secretary determines that 
                payment of a lesser amount of the cost is of critical 
                importance to the public interest.
            ``(6) Training fellowships; cooperation.--The Institute 
        may--
                    ``(A) engage in training activities authorized 
                under this subsection, including the granting of 
                training fellowships; and
                    ``(B) exercise the authority of the Institute 
                independently or in cooperation with any--
                            ``(i) other Federal or State agency;
                            ``(ii) association, authority, institution, 
                        or organization;
                            ``(iii) for-profit or nonprofit 
                        corporation;
                            ``(iv) national or international entity;
                            ``(v) foreign country; or
                            ``(vi) person.
            ``(7) Collection of fees.--
                    ``(A) In general.--In accordance with this 
                subsection, the Institute may assess and collect fees 
                to defray the costs of the Institute in developing or 
                administering education and training programs under 
                this subsection.
                    ``(B) Persons subject to fees.--Fees may be 
                assessed and collected under this subsection only with 
                respect to--
                            ``(i) persons and entities for whom 
                        education or training programs are developed or 
                        administered under this subsection; and
                            ``(ii) persons and entities to whom 
                        education or training is provided under this 
                        subsection.
                    ``(C) Amount of fees.--The fees assessed and 
                collected under this subsection shall be established in 
                a manner that ensures that the liability of any person 
                or entity for a fee is reasonably based on the 
                proportion of the costs referred to in subparagraph (A) 
                that relate to the person or entity.
                    ``(D) Use.--All fees collected under this 
                subsection shall be used, without further 
                appropriation, to defray costs associated with the 
                development or administration of education and training 
                programs authorized under this subsection.
            ``(8) Relation to fees.--The funds made available to carry 
        out this subsection may be combined with or held separate from 
        the fees collected under--
                    ``(A) paragraph (7);
                    ``(B) memoranda of understanding;
                    ``(C) regional compacts; and
                    ``(D) other similar agreements.
    ``(b) Local Technical Assistance Program.--
            ``(1) Authority.--The Secretary shall carry out a local 
        technical assistance program that will provide access to 
        surface transportation technology to--
                    ``(A) highway and transportation agencies in 
                urbanized areas;
                    ``(B) highway and transportation agencies in rural 
                areas;
                    ``(C) contractors that perform work for the 
                agencies; and
                    ``(D) infrastructure security.
            ``(2) Grants, cooperative agreements, and contracts.--The 
        Secretary may make grants and enter into cooperative agreements 
        and contracts to provide education and training, technical 
        assistance, and related support services to--
                    ``(A) assist rural, local transportation agencies 
                and tribal governments, and the consultants and 
                construction personnel working for the agencies and 
                governments, to--
                            ``(i) develop and expand expertise in road 
                        and transportation areas (including pavement, 
                        bridge, concrete structures, intermodal 
                        connections, safety management systems, 
                        intelligent transportation systems, incident 
                        response, operations, and traffic safety 
                        countermeasures);
                            ``(ii) improve roads and bridges;
                            ``(iii) enhance--
                                    ``(I) programs for the movement of 
                                passengers and freight; and
                                    ``(II) intergovernmental 
                                transportation planning and project 
                                selection; and
                            ``(iv) deal effectively with special 
                        transportation-related problems by preparing 
                        and providing training packages, manuals, 
                        guidelines, and technical resource materials;
                    ``(B) develop technical assistance for tourism and 
                recreational travel;
                    ``(C) identify, package, and deliver transportation 
                technology and traffic safety information to local 
                jurisdictions to assist urban transportation agencies 
                in developing and expanding their ability to deal 
                effectively with transportation-related problems 
                (particularly the promotion of regional cooperation);
                    ``(D) operate, in cooperation with State 
                transportation departments and universities--
                            ``(i) local technical assistance program 
                        centers designated to provide transportation 
                        technology transfer services to rural areas and 
                        to urbanized areas; and
                            ``(ii) local technical assistance program 
                        centers designated to provide transportation 
                        technical assistance to tribal governments; and
                    ``(E) allow local transportation agencies and 
                tribal governments, in cooperation with the private 
                sector, to enhance new technology implementation.
    ``(c) Research Fellowships.--
            ``(1) General authority.--The Secretary, acting 
        independently or in cooperation with other Federal agencies and 
        instrumentalities, may make grants for research fellowships for 
        any purpose for which research is authorized by this chapter.
            ``(2) Dwight david eisenhower transportation fellowship 
        program.--The Secretary shall establish and implement a 
        transportation research fellowship program, to be known as the 
        `Dwight David Eisenhower Transportation Fellowship Program', 
        for the purpose of attracting qualified students to the field 
        of transportation.
``Sec. 505. State planning and research
    ``(a) In General.--Two percent of the sums apportioned to a State 
for fiscal year 2004 and each fiscal year thereafter under sections 104 
(other than subsections (f) and (h)) and 144 shall be available for 
expenditure by the State, in consultation with the Secretary, only 
for--
            ``(1) the conduct of engineering and economic surveys and 
        investigations;
            ``(2) the planning of--
                    ``(A) future highway programs and local public 
                transportation systems; and
                    ``(B) the financing of those programs and systems, 
                including metropolitan and statewide planning under 
                sections 134 and 135;
            ``(3) the development and implementation of management 
        systems under section 303;
            ``(4) the conduct of studies on--
                    ``(A) the economy, safety, and convenience of 
                surface transportation systems; and
                    ``(B) the desirable regulation and equitable 
                taxation of those systems;
            ``(5) research, development, and technology transfer 
        activities necessary in connection with the planning, design, 
        construction, management, and maintenance of highway, public 
        transportation, and intermodal transportation systems;
            ``(6) the conduct of studies, research, and training 
        relating to the engineering standards and construction 
        materials for surface transportation systems described in 
        paragraph (5) (including the evaluation and accreditation of 
        inspection and testing and the regulation of and charging for 
        the use of the standards and materials); and
            ``(7) the conduct of activities relating to the planning of 
        real-time monitoring elements.
    ``(b) Minimum Expenditures on Research, Development, and Technology 
Transfer Activities.--
            ``(1) In general.--Subject to paragraph (2), not less than 
        25 percent of the funds subject to subsection (a) that are 
        apportioned to a State for a fiscal year shall be expended by 
        the State for research, development, and technology transfer 
        activities that--
                    ``(A) are described in subsection (a); and
                    ``(B) relate to highway, public transportation, and 
                intermodal transportation systems.
            ``(2) Waivers.--The Secretary may waive the application of 
        paragraph (1) with respect to a State for a fiscal year if--
                    ``(A) the State certifies to the Secretary for the 
                fiscal year that total expenditures by the State for 
                transportation planning under sections 134 and 135 will 
                exceed 75 percent of the funds described in paragraph 
                (1); and
                    ``(B) the Secretary accepts the certification of 
                the State.
            ``(3) Nonapplicability of assessment.--Funds expended under 
        paragraph (1) shall not be considered to be part of the 
        extramural budget of the agency for the purpose of section 9 of 
        the Small Business Act (15 U.S.C. 638).
    ``(c) Federal Share.--The Federal share of the cost of a project 
carried out using funds subject to subsection (a) shall be the share 
applicable under section 120(b), as adjusted under subsection (d) of 
that section.
    ``(d) Administration of Sums.--Funds subject to subsection (a) 
shall be--
            ``(1) combined and administered by the Secretary as a 
        single fund; and
            ``(2) available for obligation for the period described in 
        section 118(b)(2).
    ``(e) Eligible Use of State Planning and Research Funds.--A State, 
in coordination with the Secretary, may obligate funds made available 
to carry out this section for any purpose authorized under section 
506(a).
``Sec. 506. International highway transportation outreach program
    ``(a) Establishment.--The Secretary may establish an international 
highway transportation outreach program--
            ``(1) to inform the United States highway community of 
        technological innovations in foreign countries that could 
        significantly improve highway transportation in the United 
        States;
            ``(2) to promote United States highway transportation 
        expertise, goods, and services in foreign countries; and
            ``(3) to increase transfers of United States highway 
        transportation technology to foreign countries.
    ``(b) Activities.--Activities carried out under the program may 
include--
            ``(1) the development, monitoring, assessment, and 
        dissemination in the United States of information about highway 
        transportation innovations in foreign countries that could 
        significantly improve highway transportation in the United 
        States;
            ``(2) research, development, demonstration, training, and 
        other forms of technology transfer and exchange;
            ``(3) the provision to foreign countries, through 
        participation in trade shows, seminars, expositions, and other 
        similar activities, of information relating to the technical 
        quality of United States highway transportation goods and 
        services;
            ``(4) the offering of technical services of the Federal 
        Highway Administration that cannot be readily obtained from 
        private sector firms in the United States for incorporation 
        into the proposals of those firms undertaking highway 
        transportation projects outside the United States, if the costs 
        of the technical services will be recovered under the terms of 
        the project;
            ``(5) the conduct of studies to assess the need for, or 
        feasibility of, highway transportation improvements in foreign 
        countries; and
            ``(6) the gathering and dissemination of information on 
        foreign transportation markets and industries.
    ``(c) Cooperation.--The Secretary may carry out this section in 
cooperation with any appropriate--
            ``(1) Federal, State, or local agency;
            ``(2) authority, association, institution, or organization;
            ``(3) for-profit or nonprofit corporation;
            ``(4) national or international entity;
            ``(5) foreign country; or
            ``(6) person.
    ``(d) Funds.--
            ``(1) Contributions.--Funds available to carry out this 
        section shall include funds deposited by any cooperating 
        organization or person into a special account of the Treasury 
        established for this purpose.
            ``(2) Eligible uses of funds.--The funds deposited into the 
        account, and other funds available to carry out this section, 
        shall be available to cover the cost of any activity eligible 
        under this section, including the cost of--
                    ``(A) promotional materials;
                    ``(B) travel;
                    ``(C) reception and representation expenses; and
                    ``(D) salaries and benefits.
            ``(3) Reimbursements for salaries and benefits.--
        Reimbursements for salaries and benefits of Department of 
        Transportation employees providing services under this section 
        shall be credited to the account.
    ``(e) Report--For each fiscal year, 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 that describes the destinations and individual 
trip costs of international travel conducted in carrying out activities 
described in this section.
``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 carried out under this section may 
include research--
            ``(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;
            ``(3) to develop indicators of economic, social, and 
        environmental performance of transportation systems to 
        facilitate analysis of potential alternatives;
            ``(4) to meet additional priorities as determined by the 
        Secretary in the strategic planning process under section 508; 
        and
            ``(5) to refine, through the conduct of workshops, 
        symposia, and panels, and in consultation with stakeholders 
        (including the Department of Energy, the Environmental 
        Protection Agency, and other appropriate Federal and State 
        agencies and associations) the scope and research emphases of 
        the program.
    ``(c) Program Administration.--The Secretary shall--
            ``(1) administer the program established under this 
        section; and
            ``(2) ensure, to the maximum extent practicable, that--
                    ``(A) the best projects and researchers are 
                selected to conduct research in the priority areas 
                described in subsection (b)--
                            ``(i) on the basis of merit of each 
                        submitted proposal; and
                            ``(ii) through the use of open 
                        solicitations and selection by a panel of 
                        appropriate experts;
                    ``(B) a qualified, permanent core staff with the 
                ability and expertise to manage a large multiyear 
                budget is used;
                    ``(C) the stakeholders are involved in the 
                governance of the program, at the executive, overall 
                program, and technical levels, through the use of 
                expert panels and committees; and
                    ``(D) there is no duplication of research effort 
                between the program established under this section and 
                the new strategic highway research program established 
                under section 509.
    ``(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 subsections 
(b) and (c) as the Secretary determines to be appropriate.
``Sec. 508. Surface transportation research technology deployment and 
              strategic planning
    ``(a) Planning.--
            ``(1) Establishment.--The Secretary shall--
                    ``(A) establish, in accordance with section 306 of 
                title 5, a strategic planning process that--
                            ``(i) enhances effective implementation of 
                        this section through the establishment in 
                        accordance with paragraph (2) of the Surface 
                        Transportation Research Technology Advisory 
                        Committee; and
                            ``(ii) focuses on surface transportation 
                        research funded through paragraphs (1), (2), 
                        (4), and (5) of section 2001(a) of the Safe, 
                        Accountable, Flexible, and Efficient 
                        Transportation Equity Act of 2003, taking into 
                        consideration national surface transportation 
                        system needs and intermodality requirements;
                    ``(B) coordinate Federal surface transportation 
                research, technology development, and deployment 
                activities;
                    ``(C) at such intervals as are appropriate and 
                practicable, measure the results of those activities 
                and the ways in which the activities affect the 
                performance of the surface transportation systems of 
                the United States; and
                    ``(D) ensure, to the maximum extent practicable, 
                that planning and reporting activities carried out 
                under this section are coordinated with all other 
                surface transportation planning and reporting 
                requirements.
            ``(2) Surface transportation research technology advisory 
        committee.--
                    ``(A) Establishment.--Not later than 90 days after 
                the date of enactment of the Safe, Accountable, 
                Flexible, and Efficient Transportation Equity Act of 
                2003, the Secretary shall establish a committee to be 
                known as the `Surface Transportation Research 
                Technology Advisory Committee' (referred to in this 
                section as the `Committee').
                    ``(B) Membership.--The Committee shall be composed 
                of 12 members appointed by the Secretary--
                            ``(i) each of which shall have expertise in 
                        a particular area relating to Federal surface 
                        transportation programs, including--
                                    ``(I) safety;
                                    ``(II) operations;
                                    ``(III) infrastructure (including 
                                pavements and structures);
                                    ``(IV) planning and environment;
                                    ``(V) policy; and
                                    ``(VI) asset management; and
                            ``(ii) of which--
                                    ``(I) 3 members shall be 
                                individuals representing the Federal 
                                Government;
                                    ``(II) 3 members--
                                            ``(aa) shall be 
                                        exceptionally qualified to 
                                        serve on the Committee, as 
                                        determined by the Secretary, 
                                        based on education, training, 
                                        and experience; and
                                            ``(bb) shall not be 
                                        officers or employees of the 
                                        United States;
                                    ``(III) 3 members--
                                            ``(aa) shall represent the 
                                        transportation industry 
                                        (including the pavement 
                                        industry); and
                                            ``(bb) shall not be 
                                        officers or employees of the 
                                        United States; and
                                    ``(IV) 3 members shall represent 
                                State transportation departments from 3 
                                different geographical regions of the 
                                United States.
                    ``(C) Meetings.--The advisory subcommittees shall 
                meet on a regular basis, but not less than twice each 
                year.
                    ``(D) Duties.--The Committee shall provide to the 
                Secretary, on a continuous basis, advice and guidance 
                relating to--
                            ``(i) the determination of surface 
                        transportation research priorities;
                            ``(ii) the improvement of the research 
                        planning and implementation process;
                            ``(iii) the design and selection of 
                        research projects;
                            ``(iv) the review of research results;
                            ``(v) the planning and implementation of 
                        technology transfer activities and
                            ``(vi) the formulation of the surface 
                        transportation research and technology 
                        deployment and deployment strategic plan 
                        required under subsection (c).
                    ``(E) Authorization of appropriations.--There is 
                authorized to be appropriated from the Highway Trust 
                Fund (other than the Mass Transit Account) to carry out 
                this paragraph $200,000 for each fiscal year.
    ``(b) Implementation.--The Secretary shall--
            ``(1) provide for the integrated planning, coordination, 
        and consultation among the operating administrations of the 
        Department of Transportation, all other Federal agencies with 
        responsibility for surface transportation research and 
        technology development, State and local governments, 
        institutions of higher education, industry, and other private 
        and public sector organizations engaged in surface 
        transportation-related research and development activities; and
            ``(2) ensure that the surface transportation research and 
        technology development programs of the Department do not 
        duplicate other Federal, State, or private sector research and 
        development programs.
    ``(c) Surface Transportation Research and Technology Deployment 
Strategic Plan.--
            ``(1) In general.--After receiving, and based on, extensive 
        consultation and input from stakeholders representing the 
        transportation community and the Surface Transportation 
        Research Advisory Committee, the Secretary shall, not later 
        than 1 year after the date of enactment of the Safe, 
        Accountable, Flexible, and Efficient Transportation Equity Act 
        of 2003, complete, and shall periodically update thereafter, a 
        strategic plan for each of the core surface transportation 
        research areas, including--
                    ``(A) safety;
                    ``(B) operations;
                    ``(C) infrastructure (including pavements and 
                structures);
                    ``(D) planning and environment; and
                    ``(E) policy.
            ``(2) Components.--The strategic plan shall specify--
                    ``(A) surface transportation research objectives 
                and priorities;
                    ``(B) specific highway research projects to be 
                conducted;
                    ``(C) recommended technology transfer activities to 
                promote the deployment of advances resulting from the 
                highway research conducted; and
                    ``(D) short- and long-term technology development 
                and deployment activities.
            ``(3) Review and submission of findings.--The Secretary 
        shall enter into a contract with the Transportation Research 
        Board of the National Academy of Sciences, on behalf of the 
        Research and Technology Coordinating Committee of the National 
        Research Council, under which--
                    ``(A) the Transportation Research Board shall--
                            ``(i) review the research and technology 
                        planning and implementation process used by 
                        Federal Highway Administration; and
                            ``(ii) evaluate each of the strategic plans 
                        prepared under this subsection--
                                    ``(I) to ensure that sufficient 
                                stakeholder input is being solicited 
                                and considered throughout the 
                                preparation process; and
                                    ``(II) to offer recommendations 
                                relevant to research priorities, 
                                project selection, and deployment 
                                strategies; and
                    ``(B) the Secretary shall ensure that the Research 
                and Technology Coordinating Committee, in a timely 
                manner, informs the Committee on Environment and Public 
                Works of the Senate and the Committee on Transportation 
                and Infrastructure of the House of Representatives of 
                the findings of the review and evaluation under 
                subparagraph (A).
            ``(4) Responses of secretary.--Not later than 60 days after 
        the date of completion of the strategic plan under this 
        subsection, 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 written responses to each of the 
        recommendations of the Research and Technology Coordinating 
        Committee under paragraph (3)(A)(ii)(II).
    ``(d) Consistency With Government Performance and Results Act of 
1993.--The plans and reports developed under this section shall be 
consistent with and incorporated as part of the plans developed under 
section 306 of title 5 and sections 1115 and 1116 of title 31.
``Sec. 509. New strategic highway research program
    ``(a) In General.--The National Research Council shall establish 
and carry out, through fiscal year 2009, a new strategic highway 
research program.
    ``(b) Basis; Priorities.--With respect to the program established 
under subsection (a)--
            ``(1) the program shall be based on--
                    ``(A) National Research Council Special Report No. 
                260, entitled `Strategic Highway Research'; and
                    ``(B) the results of the detailed planning work 
                subsequently carried out to scope the research areas 
                through National Cooperative Research Program Project 
                20-58.
            ``(2) the scope and research priorities of the program 
        shall--
                    ``(A) be refined through stakeholder input in the 
                form of workshops, symposia, and panels; and
                    ``(B) include an examination of--
                            ``(i) the roles of highway infrastructure, 
                        drivers, and vehicles in fatalities on public 
                        roads;
                            ``(ii) high-risk areas and activities 
                        associated with the greatest numbers of highway 
                        fatalities;
                            ``(iii) the roles of various levels of 
                        government agencies and non-governmental 
                        organizations in reducing highway fatalities 
                        (including recommendations for methods of 
                        strengthening highway safety partnerships);
                            ``(iv) measures that may save the greatest 
                        number of lives in the short- and long-term;
                            ``(v) renewal of aging infrastructure with 
                        minimum impact on users of facilities;
                            ``(vi) driving behavior and likely crash 
                        causal factors to support improved 
                        countermeasures;
                            ``(vii) reduction in congestion due to 
                        nonrecurring congestion;
                            ``(viii) planning and designing of new road 
                        capacity to meet mobility, economic, 
                        environmental, and community needs;
            ``(3) the program shall consider, at a minimum, the results 
        of studies relating to the implementation of the Strategic 
        Highway Safety Plan prepared by the American Association of 
        State Highway and Transportation Officials; and
            ``(4) the research results of the program, expressed in 
        terms of technologies, methodologies, and other appropriate 
        categorizations, shall be disseminated to practicing engineers 
        as soon as practicable for their use.
    ``(c) Program Administration.--In carrying out the program under 
this section, the National Research Council shall ensure, to the 
maximum extent practicable, that--
            ``(1) the best projects and researchers are selected to 
        conduct research for the program and priorities described in 
        subsection (b)--
                    ``(A) on the basis of the merit of each submitted 
                proposal; and
                    ``(B) through the use of open solicitations and 
                selection by a panel of appropriate experts;
            ``(2) the National Research Council acquires a qualified, 
        permanent core staff with the ability and expertise to manage a 
        large research program and multiyear budget;
            ``(3) the stakeholders are involved in the governance of 
        the program, at the executive, overall program, and technical 
        levels, through the use of expert panels and committees; and
            ``(4) there is no duplication of research effort between 
        the program established under this section and the surface 
        transportation-environment cooperative research program 
        established under section 507 or any other research effort of 
        the Department.
    ``(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 research, technology, 
and technology transfer described in subsections (b) and (c) as the 
Secretary determines to be appropriate.
    ``(e) Report on Implementation of Results.--
            ``(1) In general.--Not later than October 1, 2007, the 
        Secretary shall enter into a contract with the Transportation 
        Research Board of the National Academy of Sciences under which 
        the Transportation Research Board shall complete a report on 
        the strategies and administrative structure to be used for 
        implementation of the results of new strategic highway research 
        program.
            ``(2) Components.--The report under paragraph (1) shall 
        include, with respect to the new strategic highway research 
        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 that would be incurred 
                in expediting implementation of those results; and
                    ``(D) recommendations for the way in which 
                implementation of the results of the program under this 
                section should be conducted, coordinated, and supported 
                in future years, including a discussion of the 
                administrative structure and organization best suited 
                to carry out those responsibilities.
            ``(3) Consultation.--In developing the report, the 
        Transportation Research Board shall consult with a wide variety 
        of stakeholders, including--
                    ``(A) the American Association of State highway 
                Officials;
                    ``(B) the Federal Highway Administration; and
                    ``(C) the Surface Transportation Research 
                Technology Advisory Committee.
            ``(4) Submission.--Not later than February 1, 2009, 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 the report 
        under this subsection.
``Sec. 510. University transportation centers
    ``(a) Centers.--
            ``(1) In general.--During fiscal year 2004, the Secretary 
        shall provide grants to 40 nonprofit institutions of higher 
        learning (or consortia of institutions of higher learning) to 
        establish centers to address transportation design, management, 
        research, development, and technology matters, especially the 
        education and training of greater numbers of individuals to 
        enter into the professional field of transportation.
            ``(2) Distribution of centers.--Not more than 1 university 
        transportation center (or lead university in a consortia of 
        institutions of higher learning), other than a center or 
        university selected through a competitive process, may be 
        located in any State.
            ``(3) Identification of centers.--The university 
        transportation centers established under this section shall--
                    ``(A) comply with applicable requirements under 
                subsection (c); and
                    ``(B) be located at the institutions of higher 
                learning specified in paragraph (4).
            ``(4) Identification of groups.--For the purpose of making 
        grants under this subsection, the following grants are 
        identified:
                    ``(A) Group a.--Group A shall consist of the 10 
                regional centers selected under subsection (b).
                    ``(B) Group b.--Group B shall consist of the 
                following:
                            ``(i) [_________].
                            ``(ii) [_________].
                            ``(iii) [_________].
                            ``(iv) [_________].
                            ``(v) [_________].
                            ``(vi) [_________].
                            ``(vii) [_________].
                            ``(viii) [_________]
                            ``(ix) [_________].
                            ``(x) [_________].
                            ``(xi) [_________].
                    ``(C) Group c.--Group C shall consist of the 
                following:
                            ``(i) [_________].
                            ``(ii) [_________].
                            ``(iii) [_________].
                            ``(iv) [_________].
                            ``(v) [_________].
                            ``(vi) [_________].
                            ``(vii) [_________].
                            ``(viii) [_________].
                            ``(ix) [_________].
                            ``(x) [_________].
                            ``(xi) [_________].
                    ``(D) Group d.--Group D shall consist of the 
                following:
                            ``(i) [_________].
                            ``(ii) [_________].
                            ``(iii) [_________].
                            ``(iv) [_________].
                            ``(v) [_________].
                            ``(vi) [_________].
                            ``(vii) [_________].
                            ``(viii) [_________].
    ``(b) Regional Centers.--
            ``(1) In general.--Not later than September 30, 2004, the 
        Secretary shall provide to nonprofit institutions of higher 
        learning (or consortia of institutions of higher learning) 
        grants to be used during the period of fiscal years 2005 
        through 2009 to establish and operate 1 university 
        transportation center in each of the 10 Federal regions that 
        comprise the Standard Federal Regional Boundary System.
            ``(2) Selection of regional centers.--
                    ``(A) Proposals.--In order to be eligible to 
                receive a grant under this subsection, an institution 
                described in paragraph (1) shall submit to the 
                Secretary a proposal, in response to any request for 
                proposals that shall be made by the Secretary, that is 
                in such form and contains such information as the 
                Secretary shall prescribe.
                    ``(B) Request schedule.--The Secretary shall 
                request proposals once for the period of fiscal years 
                2004 through 2006 and once for the period of fiscal 
                years 2007 through 2009.
                    ``(C) Eligibility.--Any institution of higher 
                learning (or consortium of institutions of higher 
                learning) that meets the criteria described in 
                subsection (c) (including any institution identified in 
                subsection (a)(4)) may apply for a grant under this 
                subsection.
                    ``(D) Selection criteria.--The Secretary shall 
                select each recipient of a grant under this subsection 
                through a competitive process on the basis of--
                            ``(i) the location of the center within the 
                        Federal region to be served;
                            ``(ii) the demonstrated research 
                        capabilities and extension resources available 
                        to the recipient to carry out this section;
                            ``(iii) the capability of the recipient to 
                        provide leadership in making national and 
                        regional contributions to the solution of 
                        immediate and long-range transportation 
                        problems;
                            ``(iv) the demonstrated ability of the 
                        recipient to disseminate results of 
                        transportation research and education programs 
                        through a statewide or regionwide continuing 
                        education program; and
                            ``(v) the strategic plan that the recipient 
                        proposes to carry out using funds from the 
                        grant.
                    ``(E) Selection process.--In selecting the 
                recipients of grants under this subsection, the 
                Secretary shall consult with, and consider the advice 
                of--
                            ``(i) the Research and Special Programs 
                        Administration;
                            ``(ii) the Federal Highway Administration; 
                        and
                            ``(iii) the Federal Transit Administration.
    ``(c) Center Requirements.--
            ``(1) In general.--With respect to a university 
        transportation center established under subsection (a) or (b), 
        the institution or consortium that receives a grant to 
        establish the center--
                    ``(A) shall annually contribute at least $250,000 
                to the operation and maintenance of the center, except 
                that payment by the institution or consortium of the 
                salary required for transportation-related faculty and 
                staff for a period greater than 90 days may not be 
                counted against that contribution;
                    ``(B) shall have established, as of the date of 
                receipt of the grant, undergraduate or graduate 
                programs in--
                            ``(i) civil engineering;
                            ``(ii) transportation engineering;
                            ``(iii) transportation systems management 
                        and operations; or
                            ``(iv) any other field significantly 
                        related to surface transportation systems, as 
                        determined by the Secretary; and
                    ``(C) not later than 120 days after the date on 
                which the institution or consortium receives notice of 
                selection as a site for the establishment of a 
                university transportation center under this section, 
                shall submit to the Secretary a 6-year program plan for 
                the university transportation center that includes, 
                with respect to the center--
                            ``(i) a description of the purposes of 
                        programs to be conducted by the center;
                            ``(ii) a description of the undergraduate 
                        and graduate transportation education efforts 
                        to be carried out by the center;
                            ``(iii) a description of the nature and 
                        scope of research to be conducted by the 
                        center;
                            ``(iv) a list of personnel, including the 
                        roles and responsibilities of those personnel 
                        within the center; and
                            ``(v) a detailed budget, including the 
                        amount of contributions by the institution or 
                        consortium to the center; and
                    ``(D) shall establish an advisory committee that--
                            ``(i) is composed of a representative from 
                        each of the State transportation department of 
                        the State in which the institution or 
                        consortium is located, the Department of 
                        Transportation, and the institution or 
                        consortia, as appointed by those respective 
                        entities;
                            ``(ii) in accordance with paragraph (2), 
                        shall review and approve or disapprove the plan 
                        of the institution or consortium under 
                        subparagraph (C); and
                            ``(iii) shall, to the maximum extent 
                        practicable, ensure that the proposed research 
                        to be carried out by the university 
                        transportation center will contribute to the 
                        national highway research and technology 
                        agenda, as periodically updated by the 
                        Secretary, in consultation with stakeholders 
                        representing the highway community.
            ``(2) Peer review.--
                    ``(A) In general.--The Secretary shall require peer 
                review for each report on research carried out using 
                funds made available for this section.
                    ``(B) Purposes of peer review.--Peer review of a 
                report under this section shall be carried out to 
                evaluate--
                            ``(i) the relevance of the research 
                        described in the report with respect to the 
                        strategic plan under, and the goals of, this 
                        section;
                            ``(ii) the research covered by the report, 
                        and to recommend modifications to individual 
                        project plans;
                            ``(iii) the results of the research before 
                        publication of those results; and
                            ``(iv) the overall outcomes of the 
                        research.
                    ``(C) Internet availability.--Each report under 
                this section that is received by the Secretary shall be 
                published--
                            ``(i) by the Secretary, on the Internet 
                        website of the Department of Transportation; 
                        and
                            ``(ii) by the University Transportation 
                        Center.
            ``(3) Approval of plans--A plan of an institution or 
        consortium described in paragraph (1)(C) shall not be submitted 
        to the Secretary until such time as the advisory committee 
        established under paragraph (1)(D) reviews and approves the 
        plan.
            ``(4) Failure to comply.--If a recipient of a grant under 
        this subsection fails to submit a program plan acceptable to 
        the Secretary and in accordance with paragraph (1)(C)--
                    ``(A) the recipient shall forfeit the grant and the 
                selection of the recipient as a site for the 
                establishment of a university transportation center; 
                and
                    ``(B) the Secretary shall select a replacement 
                recipient for the forfeited grant.
            ``(5) Applicability.--This subsection does not apply to any 
        research funds received in accordance with a competitive 
        contract offered and entered into by the Federal Highway 
        Administration.
    ``(d) Objectives.--Each university transportation center 
established under subsection (a) or (b) shall carry out--
            ``(1) undergraduate or graduate education programs that 
        include--
                    ``(A) multidisciplinary coursework; and
                    ``(B) opportunities for students to participate in 
                research;
            ``(2) basic and applied research, the results and products 
        of which shall be judged by peers or other experts in the field 
        so as to advance the body of knowledge in transportation; and
            ``(3) an ongoing program of technology transfer that makes 
        research results available to potential users in such form as 
        will enable the results to be implemented, used, or otherwise 
        applied.
    ``(e) Maintenance of Effort.--To be eligible to receive a grant 
under this section, an applicant shall--
            ``(1) enter into an agreement with the Secretary to ensure 
        that the applicant will maintain total expenditures from all 
        other sources to establish and operate a university 
        transportation center and related educational and research 
        activities at a level that is at least equal to the average 
        level of those expenditures during the 2 fiscal years before 
        the date on which the grant is provided;
            ``(2) provide the annual institutional contribution 
        required under subsection (c)(1); and
            ``(3) submit to the Secretary, in a timely manner, for use 
        by the Secretary in the preparation of the annual research 
        report under section 508(c)(5) of title 23, an annual report on 
        the projects and activities of the university transportation 
        center for which funds are made available under section 2001 of 
        the Safe, Accountable, Flexible, and Efficient Transportation 
        Equity Act of 2003 that contains, at a minimum, for the fiscal 
        year covered by the report, a description of--
                    ``(A) the goals of the center;
                    ``(B) the educational activities carried out by the 
                center (including a detailed summary of the budget for 
                those educational activities);
                    ``(C) teaching activities of faculty at the center;
                    ``(D) each research project carried out by the 
                center, including--
                            ``(i) the identity and location of each 
                        investigator working on a research project;
                            ``(ii) the overall funding amount for each 
                        research project (including the amounts 
                        expended for the project as of the date of the 
                        report);
                            ``(iii) the current schedule for each 
                        research project; and
                            ``(iv) the results of each research project 
                        through the date of submission of the report, 
                        with particular emphasis on results for the 
                        fiscal year covered by the report; and
                    ``(E) overall technology transfer and 
                implementation efforts of the center.
    ``(f) Program Coordination.--The Secretary shall--
            ``(1) coordinate the research, education, training, and 
        technology transfer activities carried out by recipients of 
        grants under this section; and
            ``(2) establish and operate a clearinghouse for, and 
        disseminate, the results of those activities.
    ``(g) Funding.--
            ``(1) Number and amount of grants.--The Secretary shall 
        make the following grants under this subsection:
                    ``(A) Group a.--For each of fiscal years 2004 
                through 2009, the Secretary shall make a grant in the 
                amount of $20,000,000 to each of the institutions in 
                group A (as described in subsection (a)(4)(A)).
                    ``(B) Group b.--The Secretary shall make a grant to 
                each of the institutions in group B (as described in 
                subsection (a)(4)(B)) in the amount of--
                            ``(i) $4,000,000 for each of fiscal years 
                        2004 and 2005; and
                            ``(ii) $6,000,000 for each of fiscal years 
                        2006 and 2007.
                    ``(C) Group c.--For each of fiscal years 2004 
                through 2007, the Secretary shall make a grant in the 
                amount of $10,000,000 to each of the institutions in 
                group C (as described in subsection (a)(4)(C)).
                    ``(D) Group d.--For each of fiscal years 2004 
                through 2009, the Secretary shall make a grant in the 
                amount of $25,000,000 to each of the institutions in 
                group D (as described in subsection (a)(4)(D)).
                    ``(E) Limited grants for groups b and c.--For each 
                of fiscal years 2008 and 2009, of the institutions 
                classified in groups B and C (as described in 
                subsection (a)(4)(B)), the Secretary shall select and 
                make a grant in the amount of $10,000,000 to each of 
                not more than 15 institutions.
            ``(2) Use of funds--
                    ``(A) In general.--Of the funds made available for 
                a fiscal year to a university transportation center 
                established under subsection (a) or (b)--
                            ``(i) not less than $250,000 shall be used 
                        to establish and maintain new faculty positions 
                        for the teaching of undergraduate, 
                        transportation-related courses;
                            ``(ii) not more than $500,000 for the 
                        fiscal year, or $1,000,000 in the aggregate, 
                        may be used to construct or improve 
                        transportation-related laboratory facilities; 
                        and
                            ``(iii) not more than $300,000 for the 
                        fiscal year may be used for student internships 
                        of not more than 180 days in duration to enable 
                        students to gain experience by working on 
                        transportation projects as interns with design 
                        or construction firms.
                    ``(B) Facilities and administration fee.--Not more 
                than 10 percent of any grant made available to a 
                university transportation center (or any institution or 
                consortium that establishes such a center) for a fiscal 
                year may be used to pay to the appropriate nonprofit 
                institution of higher learning any administration and 
                facilities fee (or any similar overhead fee) for the 
                fiscal year.
            ``(3) Limitation on availability of funds.--Funds made 
        available under this subsection shall remain available for 
        obligation for a period of 2 years after September 30 of the 
        fiscal year for which the funds are authorized.
``Sec. 511. Multistate corridor operations and management
    ``(a) In General.--The Secretary shall encourage multistate 
cooperative agreements, coalitions, or other arrangements to promote 
regional cooperation, planning, and shared project implementation for 
programs and projects to improve transportation system management and 
operations.
    ``(b) Interstate Route I-95 Corridor Coalition Transportation 
Systems Management and Operations.--
            ``(1) In general.--The Secretary shall make grants under 
        this subsection to States to continue intelligent 
        transportation system management and operations in the 
        Interstate Route I-95 corridor coalition region initiated under 
        the Intermodal Surface Transportation Efficiency Act of 1991 
        (Public Law 102-240).
            ``(2) Funding.--Of the amounts made available under section 
        2001(a)(4) of the Safe, Accountable, Flexible, and Efficient 
        Transportation Equity Act of 2003, the Secretary shall use to 
        carry out this subsection--
                    ``(A) $8,000,000 for fiscal year 2004;
                    ``(B) $10,000,000 for fiscal year 2005;
                    ``(C) $12,000,000 for fiscal year 2006;
                    ``(D) $12,000,000 for fiscal year 2007;
                    ``(E) $12,000,000 for fiscal year 2008; and
                    ``(F) $12,000,000 for fiscal year 2009.''.
    (b) Other University Funding.--No university (other than university 
transportation centers specified in section 510 of title 23, United 
States Code (as added by subsection (a)) shall receive funds made 
available under section 2001 to carry out research unless the 
university is selected to receive the funds--
            (1) through a competitive process that incorporates merit-
        based peer review; and
            (2) based on a proposal submitted to the Secretary by the 
        university in response to a request for proposals issued by the 
        Secretary.
    (c) Conforming Amendment.--Section 5505 of title 49, United States 
Code, is repealed.

SEC. 2102. STUDY OF DATA COLLECTION AND STATISTICAL ANALYSIS EFFORTS.

    (a) Definitions.--In this section:
            (1) Administration.--The term ``Administration'' means the 
        Federal Highway Administration.
            (2) Board.--The term ``Board'' means the Transportation 
        Research Board of the National Academy of Sciences.
            (3) Bureau.--The term ``Bureau'' means the Bureau of 
        Transportation Statistics.
            (4) Department.--The term ``Department'' means the 
        Department of Transportation.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Priority Areas of Effort.--
            (1) Statistical standards.--The Secretary shall direct the 
        Bureau to assume the role of the lead agency in working with 
        other agencies of the Department to establish, by not later the 
        date that is 1 year after the date of enactment of this Act, 
        statistical standards for the Department.
            (2) Statistical analysis effort.--
                    (A) In general.--The Bureau shall provide to the 
                Secretary, on an annual basis, an overview of the level 
                of effort expended on statistical analyses by each 
                agency within the Department.
                    (B) Duty of agencies.--Each agency of the 
                Department shall provide to the Bureau such information 
                as the Bureau may require in carrying out subparagraph 
                (A).
            (3) National security.--The Bureau shall--
                    (A) conduct a study of the ways in which 
                transportation statistics are and may be used for the 
                purpose of national security; and
                    (B) submit to the Transportation Security 
                Administration recommendations for means by which the 
                use of transportation statistics for the purpose of 
                national security may be improved.
            (4) Modernization.--The Bureau shall develop new protocols 
        for adapting data collection and delivery efforts in existence 
        as of the date of enactment of this Act to deliver information 
        in a more timely and frequent fashion.
    (c) Study.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall provide a grant to, 
        or enter into a cooperative agreement or contract with, the 
        Board for the conduct of a study of the data collection and 
        statistical analysis efforts of the Department with respect to 
        the modes of surface transportation for which funds are made 
        available under this Act.
            (2) Purpose.--The purpose of the study shall be to provide 
        to the Department information for use by agencies of the 
        Department in providing to surface transportation agencies and 
        individuals engaged in the surface transportation field higher 
        quality, and more relevant and timely, data, statistical 
        analyses, and products.
            (3) Content.--The study shall include--
                    (A) an examination and analysis of the efforts, 
                analyses, and products (with respect to usefulness and 
                policy relevance) of the Bureau as of the date of the 
                study, as compared with the duties of the Bureau 
                specified in subsections (c) through (f) of section 111 
                of title 49, United States Code;
                    (B) an examination and analysis of data collected 
                by, methods of data collection of, and analyses 
                performed by, agencies within the Department; and
                    (C) recommendations relating to--
                            (i) the future efforts of the Department in 
                        the area of surface transportation with respect 
                        to--
                                    (I) types of data collected;
                                    (II) methods of data collection;
                                    (III) types of analyses performed; 
                                and
                                    (IV) products made available by the 
                                Secretary to the transportation 
                                community and Congress;
                            (ii) the means by which the Department may 
                        cooperate with State transportation departments 
                        to provide technical assistance in the use of 
                        data collected by traffic operations centers; 
                        and
                            (iii) duplication of efforts within the 
                        Department, including ways in which--
                                    (I) the duplication may be reduced 
                                or eliminated; and
                                    (II) each agency of the Department 
                                may cooperate with, and complement the 
                                efforts of, the others.
            (4) Consultation.--In conducting the study, the Board shall 
        consult with such stakeholders, agencies, and other entities as 
        the Board considers to be appropriate.
            (5) Report.--Not later than 1 year after the date on which 
        a grant is provided, or a cooperative agreement or contract is 
        entered into, for a study under paragraph (1)--
                    (A) the Board shall submit to the Secretary, the 
                Committee on Environment and Public Works of the 
                Senate, and the Committee on Transportation and 
                Infrastructure of the House of Representatives a final 
                report on the results of the study; and
                    (B) the results of the study shall be published--
                            (i) by the Secretary, on the Internet 
                        website of the Department; and
                            (ii) by the Board, on the Internet website 
                        of the Board.
            (6) Implementation of results.--The Bureau shall, to the 
        maximum extent practicable, implement any recommendations made 
        with respect to the results of the study under this subsection.
            (7) Compliance.--
                    (A) In general.--The Comptroller General of the 
                United States shall conduct a review of the study under 
                this subsection.
                    (B) Noncompliance.--If the Comptroller General of 
                the United States determines that the Bureau failed to 
                conduct the study under this subsection, the Bureau 
                shall be ineligible to receive funds from the Highway 
                Trust Fund until such time as the Bureau conducts the 
                study under this subsection.
    (d) Conforming Amendments.--
            (1) Section 111 of title 49, United States Code, is 
        amended--
                    (A) by redesignating subsection (k) as subsection 
                (m);
                    (B) by inserting after subsection (j) the 
                following:
    ``(k) Annual Report.--
            ``(1) In general.--For fiscal year 2004 and each fiscal 
        year thereafter, the Bureau shall prepare and submit to the 
        Secretary an annual report that--
                    ``(A) describes progress made in responding to 
                study recommendations for the fiscal year; and
                    ``(B) summarizes the activities and expenditure of 
                funds by the Bureau for the fiscal year.
            ``(2) Availability.--The Bureau shall--
                    ``(A) make the report described in paragraph (1) 
                available to the public; and
                    ``(B) publish the report on the Internet website of 
                the Bureau.
            ``(3) Combination of reports.--The report required under 
        paragraph (1) may be included in or combined with the 
        Transportation Statistics Annual Report required by subsection 
        (j).
    ``(l) Expenditure of Funds.--Funds from the Highway Trust Fund 
(other than the Mass Transit Account) that are authorized to be 
appropriated, and made available, in accordance with section 2001(a)(3) 
of the Safe, Accountable, Flexible, and Efficient Transportation Equity 
Act of 2003 shall be used only for the collection and statistical 
analysis of information relating to surface transportation systems.''; 
and
                    (C) in subsection (m) (as redesignated by 
                subparagraph (A)), by inserting ``surface 
                transportation'' after ``sale of''.
            (2) The analysis for chapter 55 of title 49, United States 
        Code, is amended by striking the item relating to section 5505 
        and inserting the following:


``5505. University transportation centers.''.

SEC. 2103. CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE.

    (a) Establishment.--The Secretary shall establish the centers for 
surface transportation excellence described in subsection (b) to 
promote high-quality outcomes in support of strategic national programs 
and activities, including--
            (1) the environment;
            (2) operations;
            (3) surface transportation safety;
            (4) project finance; and
            (5) asset management.
    (b) Centers.--The centers for surface transportation excellence 
referred to in subsection (a) are--
            (1) a Center for Environmental Excellence to provide 
        technical assistance, information sharing of best practices, 
        and training in the use of tools and decision-making processes 
        to assist States in planning and delivering environmentally-
        sound surface transportation projects;
            (2) a Center for Operations Excellence to provide support 
        for an integrated and coordinated national program for 
        implementing operations in planning and management (including 
        standards development) for the transportation system in the 
        United States;
            (3) a Center for Excellence in Surface Transportation 
        Safety to implement a program of support for State 
        transportation departments, including--
                    (A) the maintenance of an Internet site to provide 
                critical information on safety programs;
                    (B) the provision of technical assistance to 
                support a lead State transportation department for each 
                of the 22 safety emphasis areas (as identified by the 
                Secretary); and
                    (C) the provision of training and education to 
                enhance knowledge of personnel of State transportation 
                departments in support of safety highway goals;
            (4) a Center for Excellence in Project Finance--
                    (A) to provide support to State transportation 
                departments in the development of finance plans and 
                project oversight tools; and
                    (B) to develop and offer training in state-of-the-
                art financing methods to advance projects and leverage 
                funds; and
            (5) a Center for Excellence in Asset Management to develop 
        and conduct research, provide training and education, and 
        disseminate information on the benefits and tools for asset 
        management.
    (c) Program Administration.--
            (1) In general.--Before funds authorized under this section 
        for fiscal years 2005 through 2009 are obligated, the Secretary 
        shall review and approve a multiyear strategic plan to be 
        submitted by each of the centers.
            (2) Timing.--The plan shall be submitted before the 
        beginning of fiscal year 2005 and, subsequently, shall be 
        annually updated.
            (3) Content.--The plan shall include--
                    (A) a list of research and technical assistance 
                projects and objectives; and
                    (B) a description of any other technology transfer 
                activities, including a summary of training efforts.
            (4) Cooperation and competition.--
                    (A) In general.--The Secretary shall carry out this 
                section by making grants to, or entering into 
                contracts, cooperative agreements, and other 
                transactions with--
                            (i) the National Academy of Sciences;
                            (ii) the American Association of State 
                        Highway and Transportation Officials;
                            (iii) planning organizations;
                            (iv) a Federal laboratory;
                            (v) a State agency;
                            (vi) an authority, association, 
                        institution, or organization; or
                            (vii) a for-profit or nonprofit 
                        corporation.
                    (B) Competition; review.--All parties entering into 
                contracts, cooperative agreements, or other 
                transactions with the Secretary, or receiving grants, 
                to perform research or provide technical assistance 
                under this section shall be selected, to the maximum 
                extent practicable--
                            (i) on a competitive basis; and
                            (ii) on the basis of the results of peer 
                        review of proposals submitted to the Secretary.
            (5) Nonduplication.--The Secretary shall ensure that 
        activities conducted by each of the centers do not duplicate, 
        and to the maximum extent practicable, are integrated and 
        coordinated with similar activities conducted by the Federal 
        Highway Administration, the local technical assistance program, 
        university transportation centers, and other research efforts 
        supported with funds authorized by this title.
    (d) Authorization of Appropriations.--
            (1) In general.--For each of fiscal years 2004 through 
        2009, of the funds made available under section 2001(a)(1)(A), 
        the Secretary shall set aside $10,000,000 to carry out this 
        section.
            (2) Allocation of funds.--Of the funds made available under 
        paragraph (1)--
                    (A) 20 percent shall be allocated to the Center for 
                Environmental Excellence established under subsection 
                (b)(1);
                    (B) 30 percent shall be allocated to the Center for 
                Operations Excellence established under subsection 
                (b)(2);
                    (C) 20 percent shall be allocated to the Center for 
                Excellence in Surface Transportation Safety established 
                under subsection (b)(3);
                    (D) 10 percent shall be allocated to the Center for 
                Excellence in Project Finance established under 
                subsection (b)(4); and
                    (E) 20 percent shall be allocated to the Center for 
                Excellence in Asset Management established under 
                subsection (b)(5).
            (3) Applicability of title 23.--Funds made available under 
        this section 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 the Federal share 
        shall be 100 percent.

         Subtitle C--Intelligent Transportation System Research

SEC. 2201. INTELLIGENT TRANSPORTATION SYSTEM RESEARCH AND TECHNICAL 
              ASSISTANCE PROGRAM.

    (a) In General.--Chapter 5 of title 23, United States Code (as 
amended by section 2101), is amended by adding at the end the 
following:

    ``SUBCHAPTER II--INTELLIGENT TRANSPORTATION SYSTEM RESEARCH AND 
                      TECHNICAL ASSISTANCE PROGRAM

``Sec. 521. Finding
    ``Congress finds that continued investment in architecture and 
standards development, research, technical assistance for State and 
local governments, and systems integration is needed to accelerate the 
rate at which intelligent transportation systems--
            ``(1) are incorporated into the national surface 
        transportation network; and
            ``(2) as a result of that incorporation, improve 
        transportation safety and efficiency and reduce costs and 
        negative impacts on communities and the environment.
``Sec. 522. Goals and purposes
    ``(a) Goals.--The goals of the intelligent transportation system 
research and technical assistance program include--
            ``(1) enhancement of surface transportation efficiency and 
        facilitation of intermodalism and international trade--
                    ``(A) to meet a significant portion of future 
                transportation needs, including public access to 
                employment, goods, and services; and
                    ``(B) to reduce regulatory, financial, and other 
                transaction costs to public agencies and system users;
            ``(2) the acceleration of the use of intelligent 
        transportation systems to assist in the 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 in 
        achieving national environmental goals;
            ``(4) accommodation of the needs of all users of surface 
        transportation systems, including--
                    ``(A) operators of commercial vehicles, passenger 
                vehicles, and motorcycles;
                    ``(B) users of public transportation users (with 
                respect to intelligent transportation system user 
                services); and
                    ``(C) individuals with disabilities; and
            ``(5)(A) improvement of the ability of the United States to 
        respond to emergencies and natural disasters; and
            ``(B) enhancement of national security and defense 
        mobility.
    ``(b) Purposes.--The Secretary shall carry out activities under the 
intelligent transportation system research and technical assistance 
program to, at a minimum--
            ``(1) assist in the development of intelligent 
        transportation system technologies;
            ``(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, interoperability, and 
        operations for effective intelligent transportation system 
        performance;
            ``(4) promote the innovative use of private resources;
            ``(5) assist State transportation departments in developing 
        a workforce capable of developing, operating, and maintaining 
        intelligent transportation systems;
            ``(6) maintain an updated national ITS architecture and 
        consensus-based standards while ensuring an effective Federal 
        presence in the formulation of domestic and international ITS 
        standards;
            ``(7) advance commercial vehicle operations components of 
        intelligent transportation systems--
                    ``(A) to improve the safety and productivity of 
                commercial vehicles and drivers; and
                    ``(B) to reduce costs associated with commercial 
                vehicle operations and Federal and State commercial 
                vehicle regulatory requirements;
            ``(8) evaluate costs and benefits of intelligent 
        transportation systems projects;
            ``(9) improve, as part of the Archived Data User Service 
        and in cooperation with the Bureau of Transportation 
        Statistics, the collection of surface transportation system 
        condition and performance data through the use of intelligent 
        transportation system technologies; and
            ``(10) ensure access to transportation information and 
        services by travelers of all ages.
``Sec. 523. Definitions
    ``In this subchapter:
            ``(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.--
                    ``(A) In general.--The term `commercial vehicle 
                operations' means motor carrier operations and motor 
                vehicle regulatory activities associated with the 
                commercial movement of goods (including hazardous 
                materials) and passengers.
                    ``(B) Inclusions.--The term `commercial vehicle 
                operations', with respect to the public sector, 
                includes--
                            ``(i) the issuance of operating 
                        credentials;
                            ``(ii) the administration of motor vehicle 
                        and fuel taxes; and
                            ``(iii) roadside safety and border crossing 
                        inspection and regulatory compliance 
                        operations.
            ``(3) Intelligent transportation infrastructure.--The term 
        `intelligent transportation infrastructure' means fully 
        integrated public sector intelligent transportation system 
        components, as defined by the Secretary.
            ``(4) 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.
            ``(5) National its architecture.--The term `national ITS 
        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.
            ``(6) 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--
                            ``(i) support the national ITS 
                        architecture; and
                            ``(ii) 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.
``Sec. 524. General authorities and requirements
    ``(a) Scope.--Subject to this subchapter, the Secretary shall carry 
out an ongoing intelligent transportation system research program--
            ``(1) to research, develop, and operationally test 
        intelligent transportation systems; and
            ``(2) to provide technical assistance in the nationwide 
        application of those systems as a component of the surface 
        transportation systems of the United States.
    ``(b) Policy.--Intelligent transportation system operational tests 
and projects funded under this subchapter shall encourage, but not 
displace, public-private partnerships or private sector investment in 
those tests and projects.
    ``(c) Cooperation With Governmental, Private, and Educational 
Entities.--The Secretary shall carry out the intelligent transportation 
system research and technical assistance program in cooperation with--
            ``(1) State and local governments and other public 
        entities;
            ``(2) the private sector;
            ``(3) Federal laboratories (as defined in section 501); and
            ``(4) 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 research program, the Secretary, as 
appropriate, shall consult with--
            ``(1) the Secretary of Commerce;
            ``(2) the Secretary of the Treasury;
            ``(3) the Administrator of the Environmental Protection 
        Agency;
            ``(4) the Director of the National Science Foundation; and
            ``(5) the Secretary of Homeland Security.
    ``(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.--The Secretary shall--
            ``(1) maintain a repository for technical and safety data 
        collected as a result of federally sponsored projects carried 
        out under this subchapter; and
            ``(2) on request, make that information (except for 
        proprietary information and data) readily available to all 
        users of the repository at an appropriate cost.
    ``(h) Advisory Committees.--
            ``(1) In general.--In carrying out this subchapter, the 
        Secretary--
                    ``(A) may use 1 or more advisory committees; and
                    ``(B) shall designate a public-private 
                organization, the members of which participate in on-
                going research, planning, standards development, 
                deployment, and marketing of ITS programs, products, 
                and services, and coordinate the development and 
                deployment of intelligent transportation systems in the 
                United States, as the Federal advisory committee 
                authorized by section 5204(h) of the Transportation 
                Equity Act for the 21st Century (112 Stat. 454).
            ``(2) Funding.--Of the amount made available to carry out 
        this subchapter, the Secretary may use $1,500,000 for each 
        fiscal year for advisory committees described in paragraph (1).
            ``(3) Applicability of federal advisory committee act.--Any 
        advisory committee described in paragraph (1) shall be subject 
        to the Federal Advisory Committee Act (5 U.S.C. App.).
    ``(i) Procurement Methods.--The Secretary shall develop and provide 
appropriate technical assistance and guidance to assist State and local 
agencies in evaluating and selecting appropriate methods of deployment 
and procurement for intelligent transportation system projects carried 
out using funds made available from the Highway Trust Fund, including 
innovative and nontraditional methods such as Information Technology 
Omnibus Procurement (as developed by the Secretary).
    ``(j) Evaluations.--
            ``(1) Guidelines and requirements.--
                    ``(A) In general.--The Secretary shall issue 
                revised guidelines and requirements for the evaluation 
                of operational tests and other intelligent 
                transportation system projects carried out under this 
                subchapter.
                    ``(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--
                            ``(i) parties to any such test; or
                            ``(ii) any other formal evaluation carried 
                        out under this subchapter.
                    ``(C) Funding.--The guidelines and requirements 
                issued under subparagraph (A) shall establish 
                evaluation funding levels based on the size and scope 
                of each test 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 or program assessment activity under 
        this subchapter shall not be subject to chapter 35 of title 44.
``Sec. 525. National ITS Program Plan
    ``(a) In General.--
            ``(1) Updates.--Not later than 1 year after the date of 
        enactment of the Safe, Accountable, Flexible, and Efficient 
        Transportation Equity Act of 2003, the Secretary, in 
        consultation with interested stakeholders (including State 
        transportation departments) shall develop a 5-year National ITS 
        Program Plan.
            ``(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 contexts of--
                            ``(i) major metropolitan areas;
                            ``(ii) smaller metropolitan and rural 
                        areas; and
                            ``(iii) commercial vehicle operations;
                    ``(B) specify the manner in which specific programs 
                and projects will achieve the goals, objectives, and 
                milestones referred to in subparagraph (A), including 
                consideration of a 5-year timeframe for the goals and 
                objectives;
                    ``(C) identify activities that provide for the 
                dynamic development, testing, and necessary revision of 
                standards and protocols to promote and ensure 
                interoperability in the implementation of intelligent 
                transportation system technologies, including actions 
                taken to establish standards; and
                    ``(D) establish a cooperative process with State 
                and local governments for--
                            ``(i) determining desired surface 
                        transportation system performance levels; and
                            ``(ii) developing plans for accelerating 
                        the incorporation of specific intelligent 
                        transportation system capabilities into surface 
                        transportation systems.
    ``(b) Reporting.--The National ITS Program Plan shall be 
transmitted and biennially updated as part of the surface 
transportation research and technology development strategic plan 
developed under section 508(c).
``Sec. 526. National ITS architecture and standards
    ``(a) In General.--
            ``(1) Development, implementation, and maintenance.--In 
        accordance 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 ITS 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 ITS 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 shall use the services 
        of such standards development organizations as the Secretary 
        determines to be appropriate.
    ``(b) Provisional Standards.--
            ``(1) In general.--If the Secretary finds that the 
        development or selection of an intelligent transportation 
        system standard jeopardizes the timely achievement of the 
        objectives identified in subsection (a), the Secretary may 
        establish a provisional standard--
                    ``(A) after consultation with affected parties; and
                    ``(B) by using, to the maximum extent practicable, 
                the work product of appropriate standards development 
                organizations.
            ``(2) Critical standards.--If a standard identified by the 
        Secretary as critical has not been adopted and published by the 
        appropriate standards development organization by the date of 
        enactment of this subchapter, the Secretary shall establish a 
        provisional standard--
                    ``(A) after consultation with affected parties; and
                    ``(B) by using, to the maximum extent practicable, 
                the work product of appropriate standards development 
                organizations.
            ``(3) Period of effectiveness.--A provisional standard 
        established under paragraph (1) or (2) shall--
                    ``(A) be published in the Federal Register; and
                    ``(B) remain in effect until such time as the 
                appropriate standards development organization adopts 
                and publishes a standard.
    ``(c) Waiver of Requirement To Establish Provisional Critical 
Standard.--
            ``(1) In general.--The Secretary may waive the requirement 
        under subsection (b)(2) to establish a provisional standard if 
        the Secretary determines that additional time would be 
        productive in, or that establishment of a provisional standard 
        would be counterproductive to, the timely achievement of the 
        objectives identified in subsection (a).
            ``(2) Notice.--The Secretary shall publish in the Federal 
        Register a notice that describes--
                    ``(A) each standard for which a waiver of the 
                provisional standard requirement is granted under 
                paragraph (1);
                    ``(B) the reasons for and effects of granting the 
                waiver; and
                    ``(C) an estimate as to the date on which 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.--
                    ``(A) In general.--The Secretary may withdraw a 
                waiver granted under paragraph (1) at any time.
                    ``(B) Notice.--On withdrawal of a waiver, the 
                Secretary shall publish in the Federal Register a 
                notice that describes--
                            ``(i) each standard for which the waiver 
                        has been withdrawn; and
                            ``(ii) the reasons for withdrawing the 
                        waiver.
    ``(d) Conformity With National ITS 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 conform to the national ITS architecture, 
        applicable standards or provisional standards, and protocols 
        developed under subsection (a).
            ``(2) Discretion of secretary.--The Secretary may authorize 
        exceptions to paragraph (1) for projects designed to achieve 
        specific research objectives outlined in--
                    ``(A) the National ITS Program Plan under section 
                525; or
                    ``(B) the surface transportation research and 
                technology development strategic plan developed under 
                section 508(c).
            ``(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 subchapter.
``Sec. 527. Commercial vehicle information systems and networks 
              deployment
    ``(a) Definitions.--In this section:
            ``(1) Commercial vehicle information systems and 
        networks.--The term `commercial vehicle information systems and 
        networks' means the information systems and communications 
        networks that provide the capability to--
                    ``(A) improve the safety of commercial vehicle 
                operations;
                    ``(B) increase the efficiency of regulatory 
                inspection processes to reduce administrative burdens 
                by advancing technology to facilitate inspections and 
                increase the effectiveness of enforcement efforts;
                    ``(C) advance electronic processing of registration 
                information, driver licensing information, fuel tax 
                information, inspection and crash data, and other 
                safety information;
                    ``(D) enhance the safe passage of commercial 
                vehicles across the United States and across 
                international borders; and
                    ``(E) promote the communication of information 
                among the States and encourage multistate cooperation 
                and corridor development.
            ``(2) Commercial vehicle operations.--
                    ``(A) In general.--The term `commercial vehicle 
                operations' means motor carrier operations and motor 
                vehicle regulatory activities associated with the 
                commercial movement of goods (including hazardous 
                materials) and passengers.
                    ``(B) Inclusions.--The term `commercial vehicle 
                operations', with respect to the public sector, 
                includes--
                            ``(i) the issuance of operating 
                        credentials;
                            ``(ii) the administration of motor vehicle 
                        and fuel taxes; and
                            ``(iii) the administration of roadside 
                        safety and border crossing inspection and 
                        regulatory compliance operations.
            ``(3) Core deployment.--The term `core deployment' means 
        the deployment of systems in a State necessary to provide the 
        State with--
                    ``(A) safety information exchange to--
                            ``(i) electronically collect and transmit 
                        commercial vehicle and driver inspection data 
                        at a majority of inspection sites;
                            ``(ii) connect to the Safety and Fitness 
                        Electronic Records system for access to--
                                    ``(I) interstate carrier and 
                                commercial vehicle data;
                                    ``(II) summaries of past safety 
                                performance; and
                                    ``(III) commercial vehicle 
                                credentials information; and
                            ``(iii) exchange carrier data and 
                        commercial vehicle safety and credentials 
                        information within the State and connect to 
                        Safety and Fitness Electronic Records system 
                        for access to interstate carrier and commercial 
                        vehicle data;
                    ``(B) interstate credentials administration to--
                            ``(i)(I) perform end-to-end (including 
                        carrier application) jurisdiction application 
                        processing, and credential issuance, of at 
                        least the International Registration Plan and 
                        International Fuel Tax Agreement credentials; 
                        and
                            ``(II) extend the processing to other 
                        credentials, including intrastate, titling, 
                        oversize or overweight requirements, carrier 
                        registration, and hazardous materials;
                            ``(ii) connect to the International 
                        Registration Plan and International Fuel Tax 
                        Agreement clearinghouses; and
                            ``(iii)(I) have at least 10 percent of the 
                        transaction volume handled electronically; and
                            ``(II) have the capability to add more 
                        carriers and to extend to branch offices where 
                        applicable; and
                    ``(C) roadside electronic screening to 
                electronically screen transponder-equipped commercial 
                vehicles at a minimum of 1 fixed or mobile inspection 
                site and to replicate the screening at other sites.
            ``(4) Expanded deployment.--The term `expanded deployment' 
        means the deployment of systems in a State that--
                    ``(A) exceed the requirements of a core deployment 
                of commercial vehicle information systems and networks;
                    ``(B) improve safety and the productivity of 
                commercial vehicle operations; and
                    ``(C) enhance transportation security.
    ``(b) Program.--The Secretary shall carry out a commercial vehicle 
information systems and networks program to--
            ``(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.
    ``(c) Purpose.--It is the purpose of the program to advance the 
technological capability and promote the deployment of intelligent 
transportation system applications for commercial vehicle operations, 
including commercial vehicle, commercial driver, and carrier-specific 
information systems and networks.
    ``(d) Core Deployment Grants.--
            ``(1) In general.--The Secretary shall make grants to 
        eligible States for the core deployment of commercial vehicle 
        information systems and networks.
            ``(2) Eligibility.--To be eligible for a core deployment 
        grant under this subsection, a State shall--
                    ``(A) have a commercial vehicle information systems 
                and networks program plan and a top level system design 
                approved by the Secretary;
                    ``(B) certify to the Secretary that the commercial 
                vehicle information systems and networks deployment 
                activities of the State (including hardware 
                procurement, software and system development, and 
                infrastructure modifications)--
                            ``(i) are consistent with the national 
                        intelligent transportation systems and 
                        commercial vehicle information systems and 
                        networks architectures and available standards; 
                        and
                            ``(ii) promote interoperability and 
                        efficiency, to the maximum extent practicable; 
                        and
                    ``(C) agree to execute interoperability tests 
                developed by the Federal Motor Carrier Safety 
                Administration to verify that the systems of the State 
                conform with the national intelligent transportation 
                systems architecture, applicable standards, and 
                protocols for commercial vehicle information systems 
                and networks.
            ``(3) Amount of grants.--The maximum aggregate amount a 
        State may receive under this subsection for the core deployment 
        of commercial vehicle information systems and networks may not 
        exceed $2,500,000, including funds received under section 
        2001(a) of the Safe, Accountable, Flexible, and Efficient 
        Transportation Equity Act of 2003 for the core deployment of 
        commercial vehicle information systems and networks.
            ``(4) Use of funds.--
                    ``(A) In general.--Subject to subparagraph (B), 
                funds from a grant under this subsection may only be 
                used for the core deployment of commercial vehicle 
                information systems and networks.
                    ``(B) Remaining funds.--An eligible State that has 
                completed the core deployment of commercial vehicle 
                information systems and networks, or completed the 
                deployment before core deployment grant funds are 
                expended, may use the remaining core deployment grant 
                funds for the expanded deployment of commercial vehicle 
                information systems and networks in the State.
    ``(e) Expanded Deployment Grants.--
            ``(1) In general.--For each fiscal year, from the funds 
        remaining after the Secretary has made core deployment grants 
        under subsection (d), the Secretary may make grants to each 
        eligible State, on request, for the expanded deployment of 
        commercial vehicle information systems and networks.
            ``(2) Eligibility.--Each State that has completed the core 
        deployment of commercial vehicle information systems and 
        networks shall be eligible for an expanded deployment grant.
            ``(3) Amount of grants.--Each fiscal year, the Secretary 
        may distribute funds available for expanded deployment grants 
        equally among the eligible States in an amount that does not 
        exceed $1,000,000 for each State.
            ``(4) Use of funds.--A State may use funds from a grant 
        under this subsection only for the expanded deployment of 
        commercial vehicle information systems and networks.
    ``(f) Federal Share.--The Federal share of the cost of a project 
payable from funds made available to carry out this section shall be 
the share applicable under section 120(b), as adjusted under subsection 
(d) of that section.
    ``(g) Funding.--Funds authorized to be appropriated to carry out 
this section shall be available for obligation in the same manner and 
to the same extent as if the funds were apportioned under chapter 1, 
except that the funds shall remain available until expended.
``Sec. 528. 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 subchapter.
    ``(b) Priority Areas.--Under the program, the Secretary shall give 
priority to funding projects that--
            ``(1) assist in the development of an interconnected 
        national intelligent transportation system network that--
                    ``(A) improves the reliability of the surface 
                transportation system;
                    ``(B) supports national security;
                    ``(C) reduces, by at least 20 percent, the cost of 
                manufacturing, deploying, and operating intelligent 
                transportation systems network components;
                    ``(D) could assist in deployment of the Armed 
                Forces in response to a crisis; and
                    ``(E) improves response to, and evacuation of the 
                public during, an emergency situation;
            ``(2) address traffic management, incident management, 
        transit management, toll collection traveler information, or 
        highway operations systems with goals of--
                    ``(A) reducing metropolitan congestion by 5 percent 
                by 2010;
                    ``(B) ensuring that a national, interoperable 511 
                system, along with a national traffic information 
                system that includes a user-friendly, comprehensive 
                website, is fully implemented for use by travelers 
                throughout the United States by September 30, 2010; and
                    ``(C)(i) improving incident management response, 
                particularly in rural areas, so that rural emergency 
                response times are reduced by an average of 10 minutes; 
                and
                    ``(ii) subject to subsection (d), improving 
                communication between emergency care providers and 
                trauma centers;
            ``(3) address traffic management, incident management, 
        transit management, toll collection, traveler information, or 
        highway operations systems;
            ``(4) conduct operational tests of the integration of at 
        least 3 crash-avoidance technologies in passenger vehicles;
            ``(5) incorporate human factors research, including the 
        science of the driving process;
            ``(6) facilitate the integration of intelligent 
        infrastructure, vehicle, and control technologies;
            ``(7) incorporate research on the impact of environmental, 
        weather, and natural conditions on intelligent transportation 
        systems, including the effects of cold climates;
            ``(8) as determined by the Secretary, will improve the 
        overall safety performance of vehicles and roadways, including 
        the use of real-time setting of speed limits through the use of 
        speed management technology;
            ``(9) examine--
                    ``(A) the application to intelligent transportation 
                systems of appropriately modified existing technologies 
                from other industries; and
                    ``(B) the development of new, more robust 
                intelligent transportation systems technologies and 
                instrumentation;
            ``(10) develop and test communication technologies that--
                    ``(A) are based on an assessment of the needs of 
                officers participating in a motor carrier safety 
                program funded under section 31104 of title 49;
                    ``(B) take into account the effectiveness and 
                adequacy of available technology;
                    ``(C) address systems integration, connectivity, 
                and interoperability challenges; and
                    ``(D) provide the means for officers participating 
                in a motor carrier safety program funded under section 
                31104 of title 49 to directly assess, without an 
                intermediary, current and accurate safety and 
                regulatory information on motor carriers, commercial 
                motor vehicles and drivers at roadside or mobile 
                inspection facilities;
            ``(11) enhance intermodal use of intelligent transportation 
        systems for diverse groups, including for emergency and health-
        related services;
            ``(12) improve sensing and wireless communications that 
        provide real-time information regarding congestion and 
        incidents;
            ``(13) develop and test high-accuracy, lane-level, real-
        time accessible digital map architectures that can be used by 
        intelligent vehicles and intelligent infrastructure elements to 
        facilitate safety and crash avoidance (including establishment 
        of national standards for an open-architecture digital map of 
        all public roads that is compatible with electronic 9-1-1 
        services);
            ``(14) encourage the dual-use of intelligent transportation 
        system technologies (such as wireless communications) for--
                    ``(A) emergency services;
                    ``(B) road pricing; and
                    ``(C) local economic development; and
            ``(15) advance the use of intelligent transportation 
        systems to facilitate high-performance transportation systems, 
        such as through--
                    ``(A) congestion-pricing;
                    ``(B) real-time facility management;
                    ``(C) rapid-emergency response; and
                    ``(D) just-in-time transit.
    ``(c) Operational Tests.--Operational tests conducted under this 
section shall be designed for--
            ``(1) the collection of data to permit objective evaluation 
        of the results of the tests;
            ``(2) the derivation of cost-benefit information that is 
        useful to others contemplating deployment of similar systems; 
        and
            ``(3) the development and implementation of standards.
    ``(d) Federal Share.--The Federal share of the costs of operational 
tests under subsection (a) shall not exceed 80 percent.
``Sec. 529. Use of funds
    ``(a) In General.--For each fiscal year, not more than $5,000,000 
of the funds made available to carry out this subchapter shall be used 
for intelligent transportation system outreach, public relations, 
displays, tours, and brochures.
    ``(b) Applicability.--Subsection (a) shall not apply to intelligent 
transportation system training, scholarships, or the publication or 
distribution of research findings, technical guidance, or similar 
documents.''.
    (b) Conforming Amendment.--Title V of the Transportation Equity Act 
for the 21st Century is amended by striking subtitle C (23 U.S.C. 502 
note; 112 Stat. 452).

               TITLE III--INTERMODAL PASSENGER FACILITIES

SEC. 3001. INTERMODAL PASSENGER FACILITIES.

    (a) In General.--Chapter 55 of title 49, United States Code, is 
amended by adding the following at the end:

           ``SUBCHAPTER III--INTERMODAL PASSENGER FACILITIES

Sec. 5571. Policy and purposes
    ``(a) Development and Enhancement of Intermodal Passenger 
Facilities.--It is in the economic interest of the United States to 
improve the efficiency of public surface transportation modes by 
ensuring their connection with and access to intermodal passenger 
terminals, thereby streamlining the transfer of passengers among modes, 
enhancing travel options, and increasing passenger transportation 
operating efficiencies.
    ``(b) General Purposes.--The purposes of this subchapter are to 
accelerate intermodal integration among North America's passenger 
transportation modes through--
            ``(1) ensuring intercity public transportation access to 
        intermodal passenger facilities;
            ``(2) encouraging the development of an integrated system 
        of public transportation information; and
            ``(3) providing intercity bus intermodal passenger facility 
        grants.
Sec. 5572. Definitions
``In this subchapter--
            ``(1) `capital project' means a project for--
                    ``(A) acquiring, constructing, improving, or 
                renovating an intermodal facility that is related 
                physically and functionally to intercity bus service 
                and establishes or enhances coordination between 
                intercity bus service and transportation, including 
                aviation, commuter rail, intercity rail, public 
                transportation, seaports, and the National Highway 
                System, such as physical infrastructure associated with 
                private bus operations at existing and new intermodal 
                facilities, including special lanes, curb cuts, ticket 
                kiosks and counters, baggage and package express 
                storage, employee parking, office space, security, and 
                signage; and
                    ``(B) establishing or enhancing coordination 
                between intercity bus service and transportation, 
                including aviation, commuter rail, intercity rail, 
                public transportation, and the National Highway System 
                through an integrated system of public transportation 
                information.
            ``(2) `commuter service' means service designed primarily 
        to provide daily work trips within the local commuting area.
            ``(3) `intercity bus service' means regularly scheduled bus 
        service for the general public which operates with limited 
        stops over fixed routes connecting two or more urban areas not 
        in close proximity, which has the capacity for transporting 
        baggage carried by passengers, and which makes meaningful 
        connections with scheduled intercity bus service to more 
        distant points, if such service is available and may include 
        package express service, if incidental to passenger 
        transportation, but does not include air, commuter, water or 
        rail service.
            ``(4) `intermodal passenger facility' means passenger 
        terminal that does, or can be modified to, accommodate several 
        modes of transportation and related facilities, including some 
        or all of the following: intercity rail, intercity bus, 
        commuter rail, intracity rail transit and bus transportation, 
        airport limousine service and airline ticket offices, rent-a-
        car facilities, taxis, private parking, and other 
        transportation services.
            ``(5) `local governmental authority' includes--
                    ``(A) a political subdivision of a State;
                    ``(B) an authority of at least one State or 
                political subdivision of a State;
                    ``(C) an Indian tribe; and
                    ``(D) a public corporation, board, or commission 
                established under the laws of the State.
            ``(6) `owner or operator of a public transportation 
        facility' means an owner or operator of intercity-rail, 
        intercity-bus, commuter-rail, commuter-bus, rail-transit, bus-
        transit, or ferry services.
            ``(7) `recipient' means a State or local governmental 
        authority or a nonprofit organization that receives a grant to 
        carry out this section directly from the Federal government.
            ``(8) `Secretary' means the Secretary of Transportation.
            ``(9) `State' means a State of the United States, the 
        District of Columbia, Puerto Rico, the Northern Mariana 
        Islands, Guam, American Samoa, and the Virgin Islands.
            ``(10) `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 public transportation system to 
        serve individuals in the locality.
``Sec. 5573. Assurance of access to intermodal passenger facilities
    ``Intercity buses and other modes of transportation shall, to the 
maximum extent practicable, have access to publicly funded intermodal 
passenger facilities, including those passenger facilities seeking 
funding under section 5574.
``Sec. 5574. Intercity bus intermodal passenger facility grants
    ``(a) General Authority.--The Secretary of Transportation may make 
grants under this section to recipients in financing a capital project, 
as defined in section 5572 of this chapter, only if the Secretary finds 
that the proposed project is justified and has adequate financial 
commitment.
    ``(b) 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.
    ``(c) Share of Net Project Costs.--A grant shall not exceed 50 
percent of the net project cost, as determined by the Secretary.
    ``(d) Regulations.--The Secretary may promulgate such regulations 
as are necessary to carry out this section.
``Sec. 5575. Funding
    ``(a) Highway Account.--
            ``(1) There is authorized to be appropriated from the 
        Highway Trust Fund (other than the Mass Transit Account) to 
        carry out this subchapter $10,000,000 for each of fiscal years 
        2005 through 2009.
            ``(2) The funding made available under paragraph (1) of 
        this subsection 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 obligation limitation 
        imposed on funds for Federal-aid highways and highway safety 
        construction programs.
    ``(b) Period of Availability.--Amounts made available by subsection 
(a) of this section shall remain available until expended.''.
    (b) Conforming Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is amended by adding at the end the following:
           ``subchapter iii--intermodal passenger facilities
Sec.
``5571. Policy and Purposes.
``5572. Definitions.
``5573. Assurance of access to intermodal facilities.
``5574. Intercity bus intermodal facility grants.
``5575. Funding.''.

     TITLE IV--FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS

SEC. 4001. AMENDMENT OF FEDERAL AID IN FISH RESTORATION ACT.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Act entitled ``An Act to 
provide that the United States shall aid the States in fish restoration 
and management projects, and for other purposes,'' approved August 9, 
1950 (64 Stat. 430; 16 U.S.C. 777 et seq.).

SEC. 4002. AUTHORIZATION OF APPROPRIATIONS.

    Section 3 (16 U.S.C. 777b) is amended--
            (1) by striking ``the succeeding fiscal year.'' in the 
        third sentence and inserting ``succeeding fiscal years.''; and
            (2) by striking ``in carrying on the research program of 
        the Fish and Wildlife Service in respect to fish of material 
        value for sport and recreation.'' and inserting ``to supplement 
        the 55.3 percent of each annual appropriation to be apportioned 
        among the States, as provided for in section 4(b) of this 
        Act.''.

SEC. 4003. DIVISION OF ANNUAL APPROPRIATIONS.

    Section 4 (16 U.S.C. 777c) is amended--
            (1) by striking subsections (a) through (d) and 
        redesignating subsections (e), (f), and (g) as subsections (b), 
        (c), and (d);
            (2) by inserting before subsection (b), as redesignated, 
        the following:
    ``(a) In General.--For fiscal years 2004 through 2009, each annual 
appropriation made in accordance with the provisions of section 3 of 
this Act shall be distributed as follows:
            ``(1) Coastal wetlands.--18 percent to the Secretary of the 
        Interior for distribution as provided in the Coastal Wetlands 
        Planning, Protection, and Restoration Act (16 U.S.C. 3951 et 
        seq.).
            ``(2) Boating safety.--18 percent to the Secretary of 
        Homeland Security for State recreational boating safety 
        programs under section 13106 of title 46, United States Code.
            ``(3) Clean vessel act.--1.9 percent to the Secretary of 
        the Interior for qualified projects under section 5604(c) of 
        the Clean Vessel Act of 1992 (33 U.S.C. 1322 note).
            ``(4) Boating infrastructure.--1.9 percent to the Secretary 
        of the Interior for obligation for qualified projects under 
        section 7404(d) of the Sportfishing and Boating Safety Act of 
        1998 (16 U.S.C. 777g-1(d)).
            ``(5) National outreach and communications.--1.9 percent to 
        the Secretary of the Interior for the National Outreach and 
        Communications Program under section 8(d) of this Act. Such 
        amounts shall remain available for 3 fiscal years, after which 
        any portion thereof that is unobligated by the Secretary for 
        that program may be expended by the Secretary under subsection 
        (b) of this section.
            ``(6) Set-aside for expenses for administration of this 
        chapter.--
                    ``(A) In general.--2.1 percent to the Secretary of 
                the Interior for expenses for administration incurred 
                in implementation of this Act, in accordance with this 
                section, section 9, and section 14 of this Act.
                    ``(B) Apportionment of unobligated funds.--If any 
                portion of the amount made available to the Secretary 
                under subparagraph (A) remains unexpended and 
                unobligated at the end of a fiscal year, that portion 
                shall be apportioned among the States, on the same 
                basis and in the same manner as other amounts made 
                available under this Act are apportioned among the 
                States under subsection (b) of this section, within 60 
                days after the end of that fiscal year. Any amount 
                apportioned among the States under this subparagraph 
                shall be in addition to any amounts otherwise available 
                for apportionment among the States under subsection (b) 
                for the fiscal year.'';
            (3) by striking ``of the Interior, after the distribution, 
        transfer, use, and deduction under subsections (a), (b), (c), 
        and (d), respectively, and after deducting amounts used for 
        grants under section 14, shall apportion the remainder'' in 
        subsection (b), as redesignated, and inserting ``shall 
        apportion 55.3 percent'';
            (4) by striking ``per centum'' each place it appears in 
        subsection (b), as redesignated, and inserting ``percent'';
            (5) by striking ``subsections (a), (b)(3)(A), (b)(3)(B), 
        and (c)'' in paragraph (1) of subsection (d), as redesignated, 
        and inserting ``paragraphs (1), (3), (4), and (5) of subsection 
        (a)''; and
            (6) by adding at the end the following:
    ``(e) Transfer of Certain Funds.--Amounts available under 
paragraphs (3) and (4) of subsection (a) that are unobligated by the 
Secretary after 3 fiscal years shall be transferred to the Secretary of 
Homeland Security and shall be expended for State recreational boating 
safety programs under section 13106(a) of title 46, United States 
Code.''.

SEC. 4004. MAINTENANCE OF PROJECTS.

    Section 8 (16 U.S.C. 777g) is amended--
            (1) by striking ``in carrying out the research program of 
        the Fish and Wildlife Service in respect to fish of material 
        value for sport or recreation.'' in subsection (b)(2) and 
        inserting ``to supplement the 55.3 percent of each annual 
        appropriation to be apportioned among the States under section 
        4(b) of this Act.''; and
            (2) by striking ``subsection (c) or (d) of section 4'' in 
        subsection (d)(3) and inserting ``paragraph (5) or (6) of 
        section 4(a)''.

SEC. 4005. BOATING INFRASTRUCTURE.

    Section 7404(d)(1) of the Sportfishing and Boating Safety Act of 
1998 (16 U.S.C. 777g-1(d)(1)) is amended by striking ``section 
4(b)(3)(B)'' and inserting ``section 4(a)(4)''.

SEC. 4006. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR 
              EXPENSES FOR ADMINISTRATION.

    Section 9 (16 U.S.C. 777h) is amended--
            (1) by striking ``section 4(d)(1)'' in subsection (a) and 
        inserting ``section 4(a)(6)''; and
            (2) by striking ``section 4(d)(1)'' in subsection (b)(1) 
        and inserting ``section 4(a)(6)''.

SEC. 4007. PAYMENTS OF FUNDS TO AND COOPERATION WITH PUERTO RICO, THE 
              DISTRICT OF COLUMBIA, GUAM, AMERICAN SAMOA, COMMONWEALTH 
              OF THE NORTHERN MARINA ISLANDS, AND VIRGIN ISLANDS.

    Section 12 (16 U.S.C. 777k) is amended by striking ``in carrying on 
the research program of the Fish and Wildlife Service in respect to 
fish of material value for sport or recreation.'' and inserting ``to 
supplement the 55.3 percent of each annual appropriation to be 
apportioned among the States under section 4(b) of this Act.''.

SEC. 4008. MULTISTATE CONSERVATION GRANT PROGRAM.

    Section 14 (16 U.S.C. 777m) is amended--
            (1) by striking so much of subsection (a) as precedes 
        paragraph (2) and inserting the following:
    ``(a) In General.--
            ``(1) Amount for grants.--For each of fiscal years 2004 
        through 2009, 0.9 percent of each annual appropriation made in 
        accordance with the provisions of section 3 of this Act shall 
        be distributed to the Secretary of the Interior for making 
        multistate conservation project grants in accordance with this 
        section.'';
            (2) by striking ``section 4(e)'' each place it appears in 
        subsection (a)(2)(B) and inserting ``section 4(b)''; and
            (3) by striking ``Of the balance of each annual 
        appropriation made under section 3 remaining after the 
        distribution and use under subsections (a), (b), and (c) of 
        section 4 for each fiscal year and after deducting amounts used 
        for grants under subsection (a)--'' in subsection (e) and 
        inserting ``Of amounts made available under section 4(a)(6) for 
        each fiscal year--''.




                                                       Calendar No. 426

108th CONGRESS

  2d Session

                                S. 1072

                          [Report No. 108-222]

_______________________________________________________________________

                                 A BILL

 To authorize funds for Federal-aid highways, highway safety programs, 
             and transit programs, and for other purposes.

_______________________________________________________________________

                            January 9, 2004

                       Reported with an amendment