[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2005
Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. Petri, Mr. DeFazio,
Mr. Boehlert, Mr. Rahall, Mr. Coble, Mr. Costello, Mr. Duncan, Ms.
Norton, Mr. Gilchrest, Mr. Nadler, Mr. Mica, Mr. Menendez, Mr.
Hoekstra, Ms. Corrine Brown of Florida, Mr. Ehlers, Mr. Filner, Mr.
Bachus, Ms. Eddie Bernice Johnson of Texas, Mr. LaTourette, Mr. Taylor
of Mississippi, Mrs. Kelly, Ms. Millender-McDonald, Mr. Baker, Mr.
Cummings, Mr. Ney, Mr. Blumenauer, Mr. LoBiondo, Mrs. Tauscher, Mr.
Moran of Kansas, Mr. Pascrell, Mr. Gary G. Miller of California, Mr.
Boswell, Mr. Hayes, Mr. Holden, Mr. Simmons, Mr. Baird, Mr. Brown of
South Carolina, Ms. Berkley, Mr. Johnson of Illinois, Mr. Matheson, Mr.
Platts, Mr. Honda, Mr. Graves, Mr. Larsen of Washington, Mr. Kennedy of
Minnesota, Mr. Capuano, Mr. Shuster, Mr. Weiner, Mr. Boozman, Ms.
Carson, Mr. Pearce, Mr. Bishop of New York, Mr. Gerlach, Mr. Michaud,
Mr. Lincoln Diaz-Balart of Florida, Mr. Davis of Tennessee, Mr. Porter,
Mr. Chandler, Mr. Osborne, Mr. Higgins, Mr. Marchant, Mr. Carnahan, Mr.
Sodrel, Ms. Schwartz of Pennsylvania, Mr. Dent, Mr. Salazar, Mr. Poe,
Mr. Reichert, Mr. Mack, Mr. Kuhl of New York, Mr. Fortuno, Mr.
Westmoreland, and Mr. Boustany) introduced the following bill; which
was referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE, TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Transportation
Equity Act: A Legacy for Users''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title, table of contents.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorization of programs
Sec. 1101. Authorizations of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Project approval and oversight.
Sec. 1106. Temporary traffic control devices.
Sec. 1107. Revenue aligned budget authority.
Sec. 1108. Emergency relief.
Sec. 1109. Surface transportation program.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. Appalachian development highway system.
Sec. 1112. Construction of ferry boats and ferry terminal facilities.
Sec. 1113. Interstate maintenance discretionary.
Sec. 1114. Highway bridge.
Sec. 1115. Transportation and community and system preservation
program.
Sec. 1116. Deployment of magnetic levitation transportation projects.
Sec. 1117. Recreational trails.
Sec. 1118. Federal lands highways.
Sec. 1119. Conservation measures.
Sec. 1120. Pedestrian and cyclist equity.
Sec. 1121. National commissions.
Sec. 1122. Adjustments for the Surface Transportation Extension Act of
2004, Part V.
Sec. 1123. Roadway safety.
Sec. 1124. Equity requirement.
Subtitle B--Congestion Relief
Sec. 1201. Motor vehicle congestion relief.
Sec. 1202. Transportation systems management and operations.
Sec. 1203. Real-time system management information program.
Sec. 1204. Expedited national intelligent transportation systems
deployment program.
Sec. 1205. Intelligent transportation systems deployment.
Sec. 1206. Environmental review of activities that support deployment
of intelligent transportation systems.
Sec. 1207. State assumption of responsibilities for certain programs
and projects.
Sec. 1208. HOV facilities.
Sec. 1209. Congestion pricing pilot program.
Sec. 1210. Congestion mitigation and air quality improvement program
eligibility.
Sec. 1211. Special rules for State assumption of responsibilities.
Subtitle C--Mobility and Efficiency
Sec. 1301. National corridor infrastructure improvement program.
Sec. 1302. Coordinated border infrastructure program.
Sec. 1303. Freight intermodal connectors.
Sec. 1304. Projects of national and regional significance.
Sec. 1305. Dedicated truck lanes.
Sec. 1306. Truck parking facilities.
Subtitle D--Highway Safety
Sec. 1401. Highway safety improvement program.
Sec. 1402. Worker injury prevention and free flow of vehicular traffic.
Sec. 1403. High risk rural road safety improvement program.
Sec. 1404. Transfers of apportionments to safety programs.
Sec. 1405. Safety incentive grants for use of seat belts.
Sec. 1406. Safety incentives to prevent operation of motor vehicles by
intoxicated persons.
Sec. 1407. Repeat offenders for driving while intoxicated.
Sec. 1408. Repair or replacement of highway features on National
Highway System.
Subtitle E--Construction and Contract Efficiencies
Sec. 1501. Design-build.
Sec. 1502. Warranty highway construction project pilot program.
Sec. 1503. Private investment study.
Sec. 1504. Highways for LIFE pilot program.
Subtitle F--Finance
Sec. 1601. Transportation Infrastructure Finance and Innovation Act.
Sec. 1602. State infrastructure banks.
Sec. 1603. Interstate System reconstruction and rehabilitation toll
pilot program.
Sec. 1604. Interstate System construction toll pilot program.
Sec. 1605. Use of excess funds.
Sec. 1606. Special rules relating to State infrastructure bank program.
Subtitle G--High Priority Projects
Sec. 1701. High priority projects program.
Sec. 1702. Project authorizations.
Subtitle H--Miscellaneous provisions
Sec. 1801. Budget justification.
Sec. 1802. Motorist information.
Sec. 1803. Motorist information concerning full-service restaurants.
Sec. 1804. High priority corridors on the National Highway System.
Sec. 1805. Additions to Appalachian region.
Sec. 1806. Transportation assets and needs of Delta region.
Sec. 1807. Toll facilities workplace safety study.
Sec. 1808. Pavement marking systems demonstration projects.
Sec. 1809. Work zone safety grants.
Sec. 1810. Grant program to prohibit racial profiling.
Sec. 1811. America's Byways Resource Center.
Sec. 1812. Technical adjustment.
Sec. 1813. Road user charge evaluation pilot project.
Sec. 1814. Thomas P. ``Tip'' O'Neill, Jr. Tunnel.
Sec. 1815. Conforming amendment for transportation planning sections.
Sec. 1816. Distribution of metropolitan planning funds within States.
Sec. 1817. Treatment of off ramp.
Sec. 1818. Loan forgiveness.
Sec. 1819. Lead agency designation.
Sec. 1820. Use of debris from demolished bridges and overpasses.
Sec. 1821. Hubzone program.
Sec. 1822. Technical amendments to TEA 21 projects.
Sec. 1823. National Work Zone Safety Information Clearinghouse.
Sec. 1824. Transportation conformity.
Sec. 1825. Eligibility to participate in western Alaska community
development quota program.
Sec. 1826. Metropolitan regional freight and passenger transportation
study.
Sec. 1827. Intermodal transportation facility expansion.
Sec. 1828. Advanced truck stop electrification system.
Sec. 1829. Technology.
Sec. 1830. Extension of public transit vehicle exemption from axle
weight restrictions.
Sec. 1831. Motorcyclist Advisory Council.
Sec. 1832. Sharing of monetary recoveries.
Sec. 1833. Eligibility under CMAQ.
Sec. 1834. Special rule for fiscal year 2004.
TITLE II--HIGHWAY SAFETY
Sec. 2001. Authorization of appropriations.
Sec. 2002. Occupant protection incentive grants.
Sec. 2003. Alcohol-impaired driving countermeasures.
Sec. 2004. State traffic safety information system improvements.
Sec. 2005. High visibility enforcement program.
Sec. 2006. Motorcycle crash causation study.
Sec. 2007. Child safety and child booster seat incentive grants.
Sec. 2008. Motorcyclist safety.
Sec. 2009. Driver fatigue.
Sec. 2010. Authorization of appropriations for highway safety research
and development.
Sec. 2011. Safety data.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title; amendments to title 49, United States Code.
Sec. 3002. Policies, findings, and purposes.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Statewide planning.
Sec. 3006. Planning programs.
Sec. 3007. Private enterprise participation.
Sec. 3008. Urbanized area formula grants.
Sec. 3009. Clean fuels formula grant program.
Sec. 3010. Capital investment grants.
Sec. 3011. Formula grants for special needs of elderly individuals and
individuals with disabilities.
Sec. 3012. Formula grants for other than urbanized areas.
Sec. 3013. Research, development, demonstration, and deployment
projects.
Sec. 3014. Cooperative research program.
Sec. 3015. National research and technology programs.
Sec. 3016. National Transit Institute.
Sec. 3017. Job access and reverse commute formula grants.
Sec. 3018. New Freedom program.
Sec. 3019. Bus testing facility.
Sec. 3020. Bicycle facilities.
Sec. 3021. Transit in the parks pilot program.
Sec. 3022. Human resource programs.
Sec. 3023. General provisions on assistance.
Sec. 3024. Special provisions for capital projects.
Sec. 3025. Contract requirements.
Sec. 3026. Project management oversight and review.
Sec. 3027. Investigations of safety and hazards.
Sec. 3028. State safety oversight.
Sec. 3029. Controlled substances and alcohol misuse testing.
Sec. 3030. Employee protective arrangements.
Sec. 3031. Administrative procedures.
Sec. 3032. National transit database.
Sec. 3033. Apportionments based on fixed guideway factors.
Sec. 3034. Authorizations.
Sec. 3035. Over-the-road bus accessibility program.
Sec. 3036. Updated terminology.
Sec. 3037. Project authorizations for new fixed guideway capital
projects.
Sec. 3038. Projects for bus and bus-related facilities.
Sec. 3039. National fuel cell bus technology development program.
Sec. 3040. High-intensity small-urbanized area formula grant program.
Sec. 3041. Allocations for national research and technology programs.
Sec. 3042. Relationship to other laws.
Sec. 3043. Cooperative procurement.
Sec. 3044. Obligation ceiling.
Sec. 3045. Adjustments for the Surface Transportation Extension Act of
2004, Part V.
Sec. 3046. Special rule for fiscal year 2004.
TITLE IV--MOTOR CARRIER TRANSPORTATION AND SAFETY
Subtitle A--Commercial Motor Vehicle Safety
Sec. 4101. Authorization of appropriations.
Sec. 4102. Motor carrier safety grants.
Sec. 4103. Border enforcement grants.
Sec. 4104. Commercial driver's license improvements.
Sec. 4105. Hobbs Act.
Sec. 4106. Penalty for denial of access to records.
Sec. 4107. Medical Review Board.
Sec. 4108. Increased penalties for out-of-service violations and false
records.
Sec. 4109. Commercial vehicle information systems and networks
deployment.
Sec. 4110. Safety fitness.
Sec. 4111. Pattern of safety violations by motor carrier or broker
management.
Sec. 4112. Motor carrier research and technology program.
Sec. 4113. International cooperation.
Sec. 4114. Performance and registration information System management.
Sec. 4115. Data quality improvement.
Sec. 4116. Driveaway saddlemount vehicles.
Sec. 4117. Completion of uniform carrier registration.
Sec. 4118. Registration of motor carriers and freight forwarders.
Sec. 4119. Deposit of certain civil Penalties into Highway Trust Fund.
Sec. 4120. Outreach and education.
Sec. 4121. Insulin treated diabetes mellitus.
Sec. 4122. Grant program for commercial motor vehicle operators.
Sec. 4123. Commercial motor vehicle safety advisory committee.
Sec. 4124. Safety data improvement program.
Sec. 4125. Commercial driver's license information System
modernization.
Sec. 4126. Maximum hours of service for operators of ground water well
drilling rigs.
Sec. 4127. Safety performance history screening.
Sec. 4128. Intermodal chassis roadability rule-making.
Sec. 4129. Substance abuse professionals.
Sec. 4130. Interstate van operations.
Sec. 4131. Hours of service for operators of utility service vehicles.
Sec. 4132. Technical corrections.
Sec. 4133. Special rule for fiscal year 2004.
Subtitle B--Household Goods Transportation
Sec. 4201. Federal-State relations relating to transportation of
household goods.
Sec. 4202. Arbitration requirements.
Sec. 4203. Civil Penalties relating to household goods brokers and
unauthorized transportation.
Sec. 4204. Civil penalty for holding household goods hostage.
Sec. 4205. Working group for development of practices and procedures to
enhance Federal-State relations.
Sec. 4206. Consumer handbook on DOT web site.
Sec. 4207. Release of household goods broker information.
Sec. 4208. Consumer complaint information.
Sec. 4209. Insurance regulations.
Sec. 4210. Estimating requirements.
Sec. 4211. Application of State consumer protection laws to certain
household goods carriers.
Sec. 4212. Applicability to household goods motor carriers.
Sec. 4213. Violations of Out-of-Service Orders.
Sec. 4214. Criminal penalty for holding goods hostage.
TITLE V--TRANSPORTATION RESEARCH AND EDUCATION
Subtitle A--Funding
Sec. 5101. Authorization of appropriations.
Sec. 5102. Obligation ceiling.
Sec. 5103. Findings.
Subtitle B--Research, Technology, and Education
Sec. 5201. Research, technology, and education.
Sec. 5202. Long-term bridge performance program; innovative bridge
research and deployment program.
Sec. 5203. Surface transportation environment and planning cooperative
research program.
Sec. 5204. Technology deployment.
Sec. 5205. Training and education.
Sec. 5206. Freight planning capacity building.
Sec. 5207. Advanced travel forecasting procedures program.
Sec. 5208. National cooperative freight transportation research
program.
Sec. 5209. Future strategic highway research program.
Sec. 5210. Transportation safety information management system project.
Sec. 5211. Surface transportation congestion relief solutions research
initiative.
Sec. 5212. Motor carrier efficiency study.
Sec. 5213. Transportation research and development strategic planning.
Sec. 5214. Limitation on remedies for future strategic highway research
program.
Subtitle C--University Transportation Research; Scholarship
Opportunities
Sec. 5301. National university transportation centers.
Sec. 5302. University transportation research.
Sec. 5303. Transportation scholarship opportunities program.
Subtitle D--Advanced Technologies
Sec. 5401. Advanced heavy-duty vehicle technologies research program.
Sec. 5402. Commercial remote sensing products and spatial information
technologies.
Subtitle E--Transportation Data and Analysis
Sec. 5501. Bureau of Transportation Statistics.
Sec. 5502. Reports of Bureau of Transportation Statistics.
Subtitle F--Intelligent Transportation Systems Research
Sec. 5601. Short title.
Sec. 5602. Goals and purposes.
Sec. 5603. General authorities and requirements.
Sec. 5604. National architecture and Standards.
Sec. 5605. Research and development.
Sec. 5606. Infrastructure development.
Sec. 5607. Road weather research and development program.
Sec. 5608. Definitions.
Sec. 5609. Rural interstate corridor communications study.
Sec. 5610. Centers for surface transportation excellence.
Sec. 5611. Repeal.
Sec. 5612. Special rule for fiscal year 2004.
TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY
Sec. 6001. Transportation planning.
Sec. 6002. Efficient environmental reviews for project decisionmaking.
Sec. 6003. Policy on historic sites.
Sec. 6004. Exemption of Interstate System.
Sec. 6005. Interstate compacts.
Sec. 6006. Development of transportation plan.
Sec. 6007. Interstate agreements.
Sec. 6008. Regulations relating to transportation planning.
Sec. 6009. Special rules relating to project development procedures.
TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
Sec. 7001. Amendment of title 49, United States Code.
Sec. 7002. Findings and purpose.
Sec. 7003. Definitions.
Sec. 7004. General regulatory authority.
Sec. 7005. Chemical or biological materials.
Sec. 7006. Representation and tampering.
Sec. 7007. Technical amendments.
Sec. 7008. Training of certain employees.
Sec. 7009. Registration.
Sec. 7010. Providing shipping papers.
Sec. 7011. Rail tank cars.
Sec. 7012. Unsatisfactory safety rating.
Sec. 7013. Training curriculum for the public sector.
Sec. 7014. Planning and training grants, monitoring, and review.
Sec. 7015. Special permits and exclusions.
Sec. 7016. Uniform forms and Procedures.
Sec. 7017. International uniformity of standards and requirements.
Sec. 7018. Administrative.
Sec. 7019. Enforcement.
Sec. 7020. Civil penalty.
Sec. 7021. Criminal penalty.
Sec. 7022. Preemption.
Sec. 7023. Relationship to other laws.
Sec. 7024. Judicial review.
Sec. 7025. Authorization of appropriations.
Sec. 7026. Determining amount of undeclared shipments of hazardous
materials entering the United States.
Sec. 7027. Conforming amendments.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE
Sec. 8001. Policy.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorization of Programs
SEC. 1101. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated from 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, $4,323,076,000 for fiscal year 2004,
$4,431,153,000 for fiscal year 2005, $4,541,932,000 for fiscal
year, 2006, $4,655,480,000 for fiscal year 2007, $4,771,867,000
for fiscal year 2008, and $4,891,164,000 for fiscal year 2009.
(2) National highway system.--For the National Highway
System under section 103 of that title, $5,187,691,000 for
fiscal year 2004, $5,317,383,000 for fiscal year 2005,
$5,450,318,000 for fiscal year 2006, $5,586,576,000 for fiscal
year 2007, $5,726,240,000 for fiscal year 2008, and
$5,869,396,000 for fiscal year 2009.
(3) Bridge program.--For the bridge program under section
144 of that title, $3,709,440,000 for fiscal year 2004,
$3,802,176,000 for fiscal year 2005, $3,897,231,000 for fiscal
year 2006, $3,994,661,000 for fiscal year 2007, $4,094,528,000
for fiscal year 2008, and $4,196,891,000 for fiscal year 2009.
(4) Highway safety improvement program.--For the highway
safety improvement program under sections 130 and 152 of that
title, $630,000,000 for fiscal year 2005, $645,000,000 for
fiscal year 2006, $660,000,000 for fiscal year 2007,
$680,000,000 for fiscal year 2008, and $695,000,000 for fiscal
year 2009. Of such funds \1/3\ per fiscal year shall be
available to carry out section 130 and \2/3\ shall be available
to carry out section 152.
(5) Surface transportation program.--For the surface
transportation program under section 133 of that title,
$6,052,306,000 for fiscal year 2004, $6,203,614,000 for fiscal
year 2005, $6,358,704,000 for fiscal year 2006, $6,517,672,000
for fiscal year 2007, $6,680,614,000 for fiscal year 2008, and
$6,847,629,000 for fiscal year 2009.
(6) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program under section 149 of that title,
$1,469,846,000 for fiscal year 2004, $1,506,592,000 for fiscal
year 2005, $1,544,257,000 for fiscal year 2006, $1,582,863,000
for fiscal year 2007, $1,622,435,000 for fiscal year 2008, and
$1,662,996,000 for fiscal year 2009.
(7) Appalachian development highway system program.--For
the Appalachian development highway system program under
section 14501 of title 40, United States Code, $460,000,000 for
fiscal year 2004 and $470,000,000 for each of fiscal years 2005
through 2009.
(8) Recreational trails program.--For the recreational
trails program under section 206 of title 23, United States
Code, $53,000,000 for fiscal year 2004, $70,000,000 for fiscal
year 2005, $80,000,000 for fiscal year 2006, $90,000,000 for
fiscal year 2007, $100,000,000 for fiscal year 2008, and
$110,000,000 for fiscal year 2009.
(9) Federal lands highways program.--
(A) Indian reservation roads.--For Indian
reservation roads under section 204 of title 23, United
States Code, $325,000,000 for fiscal year 2004,
$365,000,000 for fiscal year 2005, $390,000,000 for
fiscal year 2006, $395,000,000 for fiscal year 2007,
$420,000,000 for fiscal year 2008, and $420,000,000 for
fiscal year 2009.
(B) Park roads and parkways.--For park roads and
parkways roads under section 204 of that title,
$170,000,000 for fiscal year 2004, $185,000,000 for
fiscal year 2005, $200,000,000 for fiscal year 2006,
$215,000,000 for fiscal year 2007, $225,000,000 for
fiscal year 2008, and $225,000,000 for fiscal year
2009.
(C) Public lands highway.--For public lands highway
under section 204 of that title, $250,000,000 for
fiscal year 2004, $260,000,000 for fiscal year 2005,
$280,000,000 for fiscal year 2006, $280,000,000 for
fiscal year 2007, $290,000,000 for fiscal year 2008,
and $300,000,000 for fiscal year 2009.
(D) Refuge roads.--For refuge roads under section
204 of that title, $20,000,000 for each of fiscal years
2004 through 2009.
(10) National corridor infrastructure improvement
program.--For the national corridor infrastructure improvement
program under section 1301 of this title, $600,000,000 for
fiscal year 2005, $600,000,000 for fiscal year 2006,
$600,000,000 for fiscal year 2007, $600,000,000 for fiscal year
2008, and $600,000,000 for fiscal year 2009.
(11) Coordinated border infrastructure program.--For the
coordinated border infrastructure program under section 1302 of
this title, $200,000,000 for fiscal year 2005, $200,000,000 for
fiscal year 2006, $200,000,000 for fiscal year 2007,
$200,000,000 for fiscal year 2008, and $225,000,000 for fiscal
year 2009.
(12) Projects of national and regional significance
program.--For the projects of national and regional
significance program under section 1304 of this title,
$1,100,000,000 for fiscal year 2005, $1,100,000,000 for fiscal
year 2006, $1,200,000,000 for fiscal year 2007, $1,300,000,000
for fiscal year 2008, and $1,300,000,000 for fiscal year 2009.
(13) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry terminal
facilities under section 165 of title 23, United States Code,
$60,000,000 for fiscal year 2004, $70,000,000 for fiscal year
2005, $75,000,000 for fiscal year 2006, $75,000,000 for fiscal
year 2007, $75,000,000 for fiscal year 2008, and $75,000,000
for fiscal year 2009.
(14) National scenic byways program.--For the national
scenic byways program under section 162 of title 23, United
States Code, $30,000,000 for fiscal year 2004, $40,000,000 for
fiscal year 2005, $45,000,000 for fiscal year 2006, $55,000,000
for fiscal year 2007, $55,000,000 for fiscal year 2008, and
$60,000,000 for fiscal year 2009.
(15) Congestion pricing pilot program.--For the congestion
pricing pilot program under section 1209 of this title,
$15,000,000 for fiscal year 2004, $15,000,000 for fiscal year
2005, $15,000,000 for fiscal year 2006, $15,000,000 for fiscal
year 2007, $15,000,000 for fiscal year 2008, and $15,000,000
for fiscal year 2009.
(16) Deployment of 511 traveler information program.--For
the 511 traveler information program under section 1204(c)(7)
of this title, $6,000,000 for each of fiscal years 2005 through
2009.
(17) High priority projects program.--For the high priority
projects program under section 117 of title 23, United States
Code, $2,496,450,000 for fiscal year 2005, $2,244,550,000 for
fiscal year 2006, $2,143,250,000 for fiscal year 2007,
$2,192,450,000 for fiscal year 2008, and $2,050,450,000 for
fiscal year 2009.
(18) Freight intermodal connector program.--For the freight
intermodal connector program under section 1303 of this title,
$250,000,000 for fiscal year 2005, $250,000,000 for fiscal year
2006, $250,000,000 for fiscal year 2007, $250,000,000 for
fiscal year 2008, and $250,000,000 for fiscal year 2009.
(19) High risk rural road safety improvement program.--For
the high risk rural road safety improvement program under
section 1403 of this title, $105,000,000 for fiscal year 2005,
$110,000,000 for fiscal year 2006, $120,000,000 for fiscal year
2007, $125,000,000 for fiscal year 2008, and $130,000,000 for
fiscal year 2009.
(20) Highway use tax evasion program.--For highway use tax
evasion projects under section 143 of title 23, United States
Code, $12,000,000 for fiscal year 2004, $30,000,000 for fiscal
year 2005, $30,000,000 for fiscal year 2006, $20,000,000 for
fiscal year 2007, $10,000,000 for fiscal year 2008, and
$7,000,000 for fiscal year 2009.
(21) Pedestrian and cyclist equity.--
(A) Safe routes to school program.--For the safe
routes to school program under section 1120(a) of this
title, $150,000,000 for fiscal year 2005, $175,000,000
for fiscal year 2006, $175,000,000 for fiscal year
2007, $175,000,000 for fiscal year 2008, and
$200,000,000 for fiscal year 2009.
(B) Nonmotorized pilot program.--For the
nonmotorized pilot program under section 1120(b) of
this title, $25,000,000 for each of fiscal years 2005
through 2009.
(22) Dedicated truck lanes.--For dedicated truck lanes
under section 1305 of this title, $165,000,000 for each of
fiscal years 2005 through 2008 and $170,000,000 for fiscal year
2009.
(23) Highways for life program.--For the Highways for LIFE
program under section 1504 of this title, $55,000,000 for
fiscal year 2005 and $60,000,000 for each of fiscal years 2006
through 2009.
(24) Commonwealth of puerto rico highway program.--For the
Commonwealth of Puerto Rico highway program under section
1214(r) of the Transportation Equity Act for the 21st Century
(112 Stat. 209), $115,000,000 for fiscal year 2004,
$125,000,000 for fiscal year 2005, $130,000,000 for fiscal year
2006, $130,000,000 for fiscal year 2007, $140,000,000 for
fiscal year 2008, and $140,000,000 for fiscal year 2009.
(b) Disadvantaged Business Enterprises.--
(1) 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 and section 403 of title 23, United States Code, shall
be expended with small business concerns owned and controlled
by socially and economically disadvantaged individuals.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) 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.
(B) 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
subsection.
(3) Annual listing of disadvantaged business enterprises.--
Each State shall annually survey and compile a list of the
small business concerns referred to in paragraph (1) 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.
(4) 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.
(5) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an entity or person to
receive funds made available under titles I, III, and V of this
Act and section 403 of title 23, United States Code, if the
entity or person is prevented, in whole or in part, from
complying with paragraph (1) because a Federal court issues a
final order in which the court finds that the requirement of
paragraph (1), or the program established under paragraph (1),
is unconstitutional.
SEC. 1102. OBLIGATION CEILING.
(a) General Limitation.--Notwithstanding any other provision of law
but subject to subsections (g) and (h), the obligations for Federal-aid
highway and highway safety construction programs shall not exceed--
(1) $33,643,000,000 for fiscal year 2004;
(2) $34,412,000,000 for fiscal year 2005;
(3) $36,287,100,000 for fiscal year 2006;
(4) $37,616,700,000 for fiscal year 2007;
(5) $38,876,400,000 for fiscal year 2008; and
(6) $40,231,500,000 for fiscal year 2009.
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations--
(1) under section 125 of title 23, United States Code;
(2) under section 147 of the Surface Transportation
Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981;
(4) under sections 131(b) and 131(j) of the Surface
Transportation Assistance Act of 1982;
(5) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991;
(7) under section 157 of title 23, United States Code, as
in effect on June 8, 1998;
(8) under section 105 of title 23, United States Code (but,
for each of fiscal years 1998 through 2013), only in an amount
equal to $639,000,000 per fiscal year; and
(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.
(c) Distribution of Obligation Authority.--For each of fiscal years
2004 through 2009, the Secretary shall--
(1) not distribute obligation authority provided by
subsection (a) for such fiscal year for amounts authorized for
administrative expenses and amounts authorized for the highway
use tax evasion program and the Bureau of Transportation
Statistics;
(2) not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway
and highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation authority provided by subsection
(a) for such fiscal year less the aggregate of amounts
not distributed under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highway and highway safety
construction programs (other than sums authorized to be
appropriated for sections set forth in paragraphs (1)
through (7) of subsection (b) and sums authorized to be
appropriated for section 105 of title 23, United States
Code, equal to the amount referred to in subsection
(b)(8)) for such fiscal year less the aggregate of the
amounts not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) for section 117 of title 23, United
States Code (relating to high priority projects program),
section 14501 of title 40, United States Code (relating to
Appalachian development highway system), and $2,000,000,000 for
such fiscal year under section 105 of title 23, United States
Code (relating to minimum guarantee) so that amount of
obligation authority available for each of such sections is
equal to the amount determined by multiplying the ratio
determined under paragraph (3) by the sums authorized to be
appropriated for such section (except in the case of section
105, $2,000,000,000) for such fiscal year;
(5) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraph
(4) for each of the programs that are allocated by the
Secretary under this Act and title 23, United States Code
(other than activities to which paragraph (1) applies and
programs to which paragraph (4) applies) by multiplying the
ratio determined under paragraph (3) by the sums authorized to
be appropriated for such program for such fiscal year; and
(6) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraphs
(4) and (5) 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--
(A) sums authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the sums authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
(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 an amount made
available under this section will not be obligated during the fiscal
year and redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed during
that fiscal year. In making the redistribution, the Secretary shall
give priority to those States having large unobligated balances of
funds apportioned under sections 104 and 144 of title 23, United States
Code.
(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.
(f) Redistribution of Certain Authorized Funds.--Not later than 30
days after the date of the distribution of obligation authority under
subsection (c) for each of fiscal years 2004 through 2009, the
Secretary shall distribute to the States any funds (1) that are
authorized to be appropriated for such fiscal year for Federal-aid
highway programs, and (2) that the Secretary determines will not be
allocated to the States, and will not be available for obligation, in
such fiscal year due to the imposition of any obligation limitation for
such fiscal year. Such distribution to the States shall be made in the
same ratio as the distribution of obligation authority under subsection
(c)(6). The funds so distributed shall be available for any purposes
described in section 133(b) of title 23, United States Code.
(g) Special Rule.--Obligation authority distributed for a fiscal
year under subsection (c)(4) for a section set forth in subsection
(c)(4) 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.
(h) Increase in Obligation Limit.--Limitations on obligations
imposed by subsection (a) for a fiscal year shall be increased by an
amount equal to the amount determined pursuant to section
251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for such fiscal
year. Any such increase shall be distributed in accordance with this
section.
(i) 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--
(1) $390,000,000 for fiscal year 2004;
(2) $395,000,000 for fiscal year 2005;
(3) $395,000,000 for fiscal year 2006;
(4) $395,000,000 for fiscal year 2007;
(5) $395,000,000 for fiscal year 2008; and
(6) $400,000,000 for fiscal year 2009.
SEC. 1103. APPORTIONMENTS.
(a) Administrative Expenses.--Section 104(a) of title 23, United
States Code, is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) for purposes described in paragraph (2) $390,000,000
for fiscal year 2004, $395,000,000 for fiscal year 2005,
$395,000,000 for fiscal year 2006, $395,000,000 for fiscal year
2007, $395,000,000 for fiscal year 2008, and $400,000,000 for
fiscal year 2009.
``(2) Use of funds.--The amounts authorized to be
appropriated by paragraph (1) are authorized for the following
purposes:
``(A) To administer the provisions of law to be
financed from appropriations for the Federal-aid
highway program and programs authorized under chapter
2.
``(B) To make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for administrative
activities associated with the Appalachian development
highway system.'';
(2) in paragraph (3) by striking ``sum deducted under'' and
inserting ``amounts authorized to be appropriated by''; and
(3) in paragraph (4)--
(A) by striking ``sums deducted under'' and
inserting ``amounts authorized to be appropriated by'';
and
(B) by striking ``and the Federal Motor Carrier
Safety Administration''.
(b) National Highway System.--Section 104(b) of such title is
amended--
(1) by striking ``the deduction authorized by subsection
(a) and''; and
(2) in paragraph (1)(A)--
(A) by striking ``$36,400,000 for each fiscal
year'' and inserting ``$40,000,000 for fiscal year
2004, $40,000,000 for fiscal year 2005, $40,000,000 for
fiscal year 2006, $50,000,000 for fiscal year 2007,
$50,000,000 for fiscal year 2008, and $50,000,000 for
fiscal year 2009''; and
(B) by striking ``$18,800,000 for each of fiscal
years 1998 through 2002'' and inserting ``$20,000,000
for fiscal year 2004 and $30,000,000 for each of fiscal
years 2005 through 2009''.
(c) Conforming Amendments.--Section 104 of such title is amended--
(1) in subsection (f)(1)--
(A) by striking ``, after making the deduction
authorized by subsection (a) of this section,''; and
(B) by striking ``remaining''; and
(2) in subsection (i) by striking ``deducted'' and
inserting ``authorized to be appropriated''.
(d) Puerto Rico Highway Program.--Section 1214(r) of the
Transportation Equity Act for the 21st Century (112 Stat. 209; 117
Stat. 1114; 118 Stat. 1149) is amended--
(1) in paragraph (1) by striking ``1101(a)(15) for each of
fiscal years 1998 through 2005'' and inserting ``1101(a)(24)
for each of fiscal years 2004 through 2009 of the
Transportation Equity Act: A Legacy for Users''; and
(2) in paragraph (2) by striking ``1101(a)(15) of this
Act'' and inserting ``1101(a)(24) of the Transportation Equity
Act: A Legacy for Users''.
SEC. 1104. MINIMUM GUARANTEE.
To be supplied.
SEC. 1105. PROJECT APPROVAL AND OVERSIGHT.
Section 106 of title 23, United States Code, is amended by striking
subsection (h) and inserting the following:
``(h) Oversight Program.--
``(1) In general.--The Secretary shall establish an
oversight program to monitor the effective and efficient use of
funds authorized to carry out this title. At a minimum, the
program shall be responsive to all areas related to financial
integrity and project delivery.
``(2) Financial integrity.--
``(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).
``(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.
``(C) Responsibility of the states.--The States are
responsible for determining that subrecipients of
Federal funds under this title have sufficient
accounting controls to properly manage such Federal
funds. The Secretary shall periodically review the
States' monitoring of subrecipients.
``(3) Project delivery.--The Secretary shall perform annual
reviews that address elements of a State's 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.
``(4) Responsibility of the states.--The States are
responsible for determining that subrecipients of Federal funds
under this title have adequate project delivery systems for
projects approved under this section. The Secretary shall
periodically review the States' monitoring of subrecipients.
``(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 14501 of
title 40.
``(i) Major Projects.--
``(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
$500,000,000 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.
``(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 manage
effectively 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.
``(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.
``(j) Other Projects.--A recipient of Federal financial assistance
for a project under this title with an estimated total cost of
$100,000,000 or more that is not covered by subsection (h) 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.''.
SEC. 1106. TEMPORARY TRAFFIC CONTROL DEVICES.
(a) Standards.--Section 109(e) of title 23, United States Code, is
amended--
(1) by striking ``(e) No funds'' and inserting the
following:
``(e) Installation of Safety Devices.--
``(1) Highway and railroad grade crossings and
drawbridges.--No funds''; and
(2) by adding at the end the following:
``(2) Temporary traffic control devices.--No funds shall be
approved for expenditure on any Federal-aid highway, or highway
affected under chapter 2 of this title, unless proper temporary
traffic control devices to improve safety in work zones will be
installed and maintained during construction, utility, and
maintenance operations on that portion of the highway with
respect to which such expenditures are to be made. Installation
and maintenance of the devices shall be in accordance with the
Manual on Uniform Traffic Control Devices.''.
(b) Letting of Contracts.--Section 112 of such title is amended--
(1) by striking subsection (f);
(2) by redesignating subsection (g) as subsection (f); and
(3) by adding at the end the following:
``(g) Temporary Traffic Control Devices.--
``(1) Issuance of regulations.--The Secretary, after
consultation with appropriate Federal and State officials,
shall issue regulations establishing the conditions for the
appropriate use of, and expenditure of funds for, uniformed law
enforcement officers, positive protective measures between
workers and motorized traffic, and installation and maintenance
of temporary traffic control devices during construction,
utility, and maintenance operations.
``(2) Effects of regulations.--Based on regulations issued
under paragraph (1), a State shall--
``(A) develop separate pay items for the use of
uniformed law enforcement officers, positive protective
measures between workers and motorized traffic, and
installation and maintenance of temporary traffic
control devices during construction, utility, and
maintenance operations; and
``(B) incorporate such pay items into contract
provisions to be included in each contract entered into
by the State with respect to a highway project to
ensure compliance with section 109(e)(2).
``(3) Limitation.--Nothing in the regulations shall be
construed to prohibit a State from implementing standards that
are more stringent than those required under the regulations.
``(4) Positive protective measures defined.--In this
subsection, the term `positive protective measures' means
temporary traffic barriers, crash cushions, and other
strategies to avoid traffic accidents in work zones, including
full road closures.''.
SEC. 1107. REVENUE ALIGNED BUDGET AUTHORITY.
(a) Allocation.--Section 110(a)(1) of title 23, United States Code,
is amended--
(1) by striking ``2000'' and inserting ``2006'';
(2) by inserting after ``such fiscal year'' the following:
``and the succeeding fiscal year''.
(b) Reduction.--Section 110(a)(2) of such title is amended--
(1) by striking ``2000'' and inserting ``2006'';
(2) by striking ``October 1 of the succeeding'' and
inserting ``October 15 of such''; and
(3) by inserting after ``Account)'' the following: ``for
such fiscal year and the succeeding fiscal year''.
(c) General Distribution.--Section 110(b)(1)(A) of such title is
amended by striking ``Transportation Equity Act for the 21st Century''
and inserting ``Transportation Equity Act: A Legacy for Users''.
(d) Technical Amendment.--Section 110(b)(1)(A) of title 23, United
States Code, is amended by striking ``for'' the second place it
appears.
SEC. 1108. EMERGENCY RELIEF.
(a) In General.--Effective October 1, 2004, section 125(c)(1) of
title 23, United States Code, is amended by striking ``$100,000,000''
and inserting ``$120,000,000''.
(b) Authorizations of Appropriations From General Fund.--There is
authorized to be appropriated for a fiscal year such sums as may be
necessary for allocations by the Secretary described in subsections (a)
and (b) of sections 125 of title 23, United States Code, if the total
of those allocations in such fiscal year are in excess of $120,000,000.
SEC. 1109. SURFACE TRANSPORTATION PROGRAM.
Section 133(f)(1) of title 23, United States Code, is amended--
(1) by striking ``1998 through 2000'' and inserting ``2004
through 2006''; and
(2) by striking ``2001 through 2003'' and inserting ``2007
through 2009''.
SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.
(a) Eligible Activities.--
(1) Intergovernmental enforcement efforts.--Section
143(b)(2) of title 23, United States Code, is amended by
inserting before the period the following: ``; except that of
funds so made available for each of fiscal years 2004 through
2009, $2,000,000 shall be available only to carry out
intergovernmental enforcement efforts, including research and
training''.
(2) Conditions on funds allocated to internal revenue
service.--Section 143(b)(3) of such title is amended by
striking ``The'' and inserting ``Except as otherwise provided
in this section, the''.
(3) Limitation on use of funds.--Section 143(b)(4) of such
title is amended--
(A) by striking ``and'' at the end of subparagraph
(F);
(B) by striking the period at the end of
subparagraph (G) and inserting a semicolon; and
(C) by adding at the end the following:
``(H) to support efforts between States and Indian
tribes to address issues related to State motor fuel
taxes; and
``(I) to analyze and implement programs to reduce
tax evasion associated with foreign imported fuel.''.
(4) Reports.--Section 143(b) of such title is amended by
adding at the end the following:
``(9) Reports.--The Commissioner of the Internal Revenue
Service and each State shall submit to the Secretary an annual
report that describes the projects, examinations, and criminal
investigations funded by and carried out under this section.
Such report shall specify the annual yield estimated for each
project funded under this section.''.
(b) Excise Fuel Reporting System.--
(1) In general.--Section 143(c)(1) of such title is
amended--
(A) by striking ``August 1, 1998,'' and inserting
``90 days after the date of enactment of the
Transportation Equity Act: A Legacy for Users,'';
(B) by striking ``development'' and inserting
``completion, operation,''; and
(C) by striking ``an excise fuel reporting system
(in this subsection referred to as `the system')'' and
inserting ``an excise summary terminal activity
reporting system''.
(2) Elements of memorandum of understanding.--Section
143(c)(2) of such title is amended--
(A) by striking ``the system'' the first place it
appears and inserting ``the excise summary terminal
activity reporting system'';
(B) in subparagraph (A) by striking ``develop'' and
inserting ``complete'';
(C) by striking ``and'' at the end of subparagraph
(B);
(D) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(E) by adding at the end the following:
``(D) the Commissioner of the Internal Revenue
Service shall submit and the Secretary shall approve a
budget and project plan for the completion, operation,
and maintenance of the system.''; and
(3) Funding priority.--Section 143(c)(3) of such title is
amended to read as follows:
``(3) Funding.--Of the amounts made available to carry out
this section for each of fiscal years 2004 through 2009, the
Secretary shall make available to the Internal Revenue Service
such funds as may be necessary to complete, operate, and
maintain the excise summary terminal activity reporting system
in accordance with this subsection.''.
(c) Registration System and Electronic Database.--Section 143 of
such title is further amended by adding at the end the following:
``(d) Pipeline, Vessel, and Barge Registration System.--
``(1) In general.--Not later than 90 days after the date of
enactment of this subsection, the Secretary shall enter into a
memorandum of understanding with the Commissioner of the
Internal Revenue Service for the purposes of the development,
operation, and maintenance of a registration system for
pipelines, vessels, and barges, and operators of such
pipelines, vessels, and barges, that make bulk transfers of
taxable fuel.
``(2) Elements of memorandum of understanding.--The
memorandum of understanding shall provide that--
``(A) the Internal Revenue Service shall develop
and maintain the registration system through contracts;
``(B) the Commissioner of the Internal Revenue
Service shall submit and the Secretary shall approve a
budget and project plan for development, operation, and
maintenance of the registration system;
``(C) the registration system shall be under the
control of the Internal Revenue Service; and
``(D) the registration system shall be made
available for use by appropriate State and Federal
revenue, tax, and law enforcement authorities, subject
to section 6103 of the Internal Revenue Code of 1986.
``(3) Funding.--Of the amounts made available to carry out
this section for each of fiscal years 2004 through 2009, the
Secretary shall make available to the Internal Revenue Service
such funds as may be necessary to complete, operate, and
maintain a registration system for pipelines, vessels, and
barges, and operators of such pipelines, vessels, and barges,
that make bulk transfers of taxable fuel in accordance with
this subsection.
``(e) Heavy Vehicle Use Tax Payment Database.--
``(1) In general.--Not later than 90 days after the date of
enactment of this subsection, the Secretary shall enter into a
memorandum of understanding with the Commissioner of the
Internal Revenue Service for the purposes of the establishment,
operation, and maintenance of an electronic database of heavy
vehicle highway use tax payments.
``(2) Elements of memorandum of understanding.--The
memorandum of understanding shall provide that--
``(A) the Internal Revenue Service shall establish
and maintain the electronic database through contracts;
``(B) the Commissioner of the Internal Revenue
Service shall submit and the Secretary shall approve a
budget and project plan for establishment, operation,
and maintenance of the electronic database;
``(C) the electronic database shall be under the
control of the Internal Revenue Service; and
``(D) the electronic database shall be made
available for use by appropriate State and Federal
revenue, tax, and law enforcement authorities, subject
to section 6103 of the Internal Revenue Code of 1986.
``(3) Funding.--Of the amounts made available to carry out
this section for each of fiscal years 2004 through 2009, the
Secretary shall make available to the Internal Revenue Service
such funds as may be necessary to establish, operate, and
maintain an electronic database of heavy vehicle highway use
tax payments in accordance with this subsection.
``(f) Reports.--Not later than March 31 and September 30 of each
year, the Commissioner of the Internal Revenue Service shall provide
reports to the Secretary on the status of the Internal Revenue Service
projects funded under this section related to the excise summary
terminal activity reporting system, the pipeline, vessel, and barge
registration system, and the heavy vehicle use tax electronic
database.''.
SEC. 1111. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(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 14501 title 40, United States Code.
(b) Applicability of Title 23.--Funds made available 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 14501 of
title 40, United States Code, and such funds shall be available to
construct highways and access roads under such section and shall remain
available until expended.
(c) 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 section 14501 of title 40'' after
``section 125''.
SEC. 1112. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by adding at the end the following:
``Sec. 165. Construction of ferry boats and ferry terminal facilities
``(a) In General.--The Secretary shall carry out a program for
construction of ferry boats and ferry terminal facilities in accordance
with section 129(c).
``(b) Federal Share.--The Federal share payable for construction of
ferry boats and ferry terminal facilities under this section shall be
80 percent of the cost thereof.
``(c) Availability of Amounts.--Amounts made available to carry out
this section shall remain available until expended.
``(d) Set-Aside for Projects on NHS.--
``(1) In general.--$20,000,000 of the amount made available
to carry out this section for each of fiscal years 2004 through
2009 shall be obligated for the construction or refurbishment
of ferry boats and ferry terminal facilities and approaches to
such facilities within marine highway systems that are part of
the National Highway System.
``(2) Alaska.--$10,000,000 of the $20,000,000 for a fiscal
year made available under paragraph (1) shall be made available
to the State of Alaska.
``(3) New jersey.--$5,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be made
available to the State of New Jersey.
``(4) Washington.--$5,000,000 of the $20,000,000 for a
fiscal year made available under paragraph (1) shall be made
available to the State of Washington.
``(e) Applicability.--All provisions of this chapter that are
applicable to the National Highway System, other than provisions
relating to apportionment formula and Federal share, shall apply to
funds made available to carry out this section, except as determined by
the Secretary to be inconsistent with this section.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
1 of such title is amended by adding at the end the following:
``165. Construction of ferry boats and ferry terminal facilities.''.
(c) National Ferry Database.--
(1) Establishment.--The Secretary, acting through the
Bureau of Transportation Statistics, shall establish and
maintain a national ferry database.
(2) Contents.--The database shall contain current
information regarding ferry systems, including information
regarding routes, vessels, passengers and vehicles carried,
funding sources and such other information as the Secretary
considers useful.
(3) Update report.--Using information collected through the
database, the Secretary shall periodically modify as
appropriate the report submitted under section 1207(c) of the
Transportation Equity Act for the 21st Century (23 U.S.C. 129
note; 112 Stat. 185-186).
(4) Requirements.--The Secretary shall--
(A) compile the database not later than 1 year
after the date of enactment of this Act and update the
database every 2 years thereafter;
(B) ensure that the database is easily accessible
to the public;
(C) make available, from the ferry boat and ferry
terminal program authorized under section 165 of title
23, United States Code, not more than $500,000 for each
of fiscal years 2005 through 2009 to establish the
database.
SEC. 1113. INTERSTATE MAINTENANCE DISCRETIONARY.
(a) In General.--Section 118 of title 23, United States Code, is
amended--
(1) by striking subsection (c);
(2) in subsection (e) by inserting ``Special Rules.--''
before ``Funds made''; and
(3) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(b) Conforming Amendment.--Section 103(d)(1) of such title is
amended by striking ``or 118(c)''.
(c) Technical Amendments.--
(1) Section 114.--Section 114(a) of such title is amended
by striking ``Except as provided in section 117 of this title,
such'' and inserting ``Such''.
(2) Section 116.--Section 116(b) of such title is amended
by striking ``highway department'' and inserting
``transportation department''.
(3) Section 120.--Section 120(e) of such title is amended
in the first sentence by striking ``such system'' and inserting
``such highway''.
(4) Section 126.--Section 126(a) of such title is amended
by inserting ``under'' before ``section 104(b)(3)''.
(5) Section 127.--Section 127 of such title is amended by
striking ``118(b)(1)'' and inserting ``118(b)(2)''.
(6) Bicycle and pedestrian safety grants.--Section 1212(i)
of the Transportation Equity Act for the 21st Century (112
Stat. 196-197) is amended by redesignating subparagraphs (D)
and (E) as paragraphs (2) and (3), respectively, and moving
such paragraphs 2 ems to the left.
(d) Limitation.--The amendments made by this section shall not
apply to, or have any affect with respect to, funds made available
under section 118 of title 23, United States Code, before the date of
enactment of this section.
(e) Effective Date.--The amendments made by subsections (a) and (b)
of this section shall take effect on September 30, 2005.
SEC. 1114. HIGHWAY BRIDGE.
(a) Scour Countermeasures.--Section 144(d) of title 23, United
States Code, is amended to read as follows:
``(d) Applications for and Approval of Assistance.--
``(1) Bridge replacement or rehabilitation.--Whenever any
State or States make application to the Secretary for
assistance in replacing or rehabilitating a highway bridge
which the priority system established under subsections (b) and
(c) shows to be eligible, the Secretary may approve Federal
participation in replacing such bridge with a comparable
facility or in rehabilitating such bridge.
``(2) Preventive maintenance, scour measures, and
applications of certain compositions.--Whenever any State makes
application to the Secretary for assistance in painting,
seismic retrofit, or preventive maintenance of, or installing
scour countermeasures or applying calcium magnesium acetate,
sodium acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and de-icing compositions to,
the structure of a highway bridge, the Secretary may approve
Federal participation in the painting, seismic retrofit, or
preventive maintenance of, or installation of scour
countermeasures or application of acetate or sodium acetate/
formate or such anti-icing or de-icing composition to, such
structure.
``(3) Eligibility.--The Secretary shall determine the
eligibility of highway bridges for replacement or
rehabilitation for each State based upon the unsafe highway
bridges in such State; except that a State may carry out a
project for preventive maintenance on a bridge, seismic
retrofit of a bridge, or installing scour countermeasures to a
bridge under this section without regard to whether the bridge
is eligible for replacement or rehabilitation under this
section.''.
(b) Bridge Discretionary Set-aside.--Section 144(g)(1) of such
title is amended by adding at the end the following:
``(D) Fiscal years 2004 through 2009.--Of the
amounts authorized to be appropriated to carry out the
bridge program under this section for each of the
fiscal years 2004 through 2009, all but $100,000,000
shall be apportioned as provided in subsection (e).
Such $100,000,000 shall be available at the discretion
of the Secretary; except that $25,000,000 shall be
available only for projects for the seismic retrofit of
bridges, and of which $10,000,000 shall be available
only for the seismic retrofit of a bridge described in
subsection (l), and except as provided in subparagraph
(E).
``(E) Gravina access.--
``(i) In general.--Of the amounts
authorized to be appropriated to carry out the
bridge program under this paragraph, for each
of the fiscal years 2005 through 2009,
$10,000,000 shall be set aside from the
$100,000,000 available at the discretion of the
Secretary under subparagraph (D) for the
construction of a bridge joining the Island of
Gravina to the community of Ketchikan in
Alaska.
``(ii) Scoring.--The project described in
this subparagraph shall not be counted for
purposes of the reduction set forth in the
fourth sentence of subsection (e).''.
(c) Off-System Bridges.--Section 144(g)(3) of such title is
amended--
(1) by striking ``15 percent'' and inserting ``20
percent'';
(2) by striking ``1987'' and inserting ``2005'';
(3) by striking ``2004'' the first place it apears and all
that follows through ``2005,'' and inserting ``2009 for the
bridge program,'';
(4) by inserting ``, perform systematic preventive
maintenance,'' after ``paint''; and
(5) by inserting a comma before ``to highway bridges''.
(d) Technical Amendment.--Section 144(i) of such title is amended
by striking ``at the same time'' and all that follows through
``Congress''.
SEC. 1115. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION
PROGRAM.
(a) Extension.--Section 1221(e)(1) of Transportation Equity Act for
the 21st Century (23 U.S.C. 101 note; 112 Stat. 223; 118 Stat. 879; 118
Stat. 1149) is amended--
(1) by striking ``1999 and'' and inserting ``1999,''; and
(2) by striking ``2004'' the first place it appears and all
that follows through ``2005'' and inserting the following: ``,
and $25,000,000 for fiscal year 2004, $30,000,000 for fiscal
year 2005, $35,000,000 for fiscal year 2006, $35,000,000,000
for fiscal year 2007, and $35,000,000 for each of fiscal years
2008 and 2009''.
(b) Federal Share.--Section 1221(e)(2) of such Act is amended by
inserting before the period at the end ``; except that such funds shall
not be transferable and the Federal share for projects and activities
carried out with such funds shall be determined in accordance with
section 120(b) of title 23, United States Code''.
(c) Planning Activities Pilot Program.--Section 1221 of such Act is
amended by adding at the end the following:
``(f) Planning Activities Pilot Program.--
``(1) In general.--The Secretary shall establish a pilot
program using funds set aside under paragraph (4) to support
planning and public participation activities related to highway
and public transportation projects.
``(2) Eligible activities.--Activities eligible to be
carried out under the pilot program may include the following:
``(A) Improving data collection and analysis to
improve freight movement, intermodal connections, and
transportation access and efficiency for all users,
including children, older individuals, individuals with
disabilities, low-income individuals, and minority
communities.
``(B) Supporting public participation by holding
public meetings using an interactive workshop format
facilitated by design or planning experts (or both) to
consider public input at the initial stages of project
development and during other phases of a project.
``(C) Using innovative planning or design
visualization and simulation tools to improve the
evaluation of alternatives and their impacts and to
enhance public participation in the transportation
planning process, including tools having a structure
that enables modifications to scenarios and assumptions
in real time.
``(D) Enhancing coordination among transportation,
land use, workforce development, human service,
economic development, and other agencies to strengthen
access to job training services, daycare centers,
health care facilities, senior centers, public schools,
universities, and residential areas, including the use
of integrated planning and service delivery, especially
for transit dependent and low-income individuals.
``(E) Contracting with nonprofit organizations,
universities, and local agencies to deliver community-
oriented transportation plans and projects, including
public outreach, context sensitive design, transit-
oriented development, multimodal corridor investments,
commuter benefits deployment, and brownfield
redevelopment.
``(F) Measuring and reporting on the annual
performance of the transportation system (or parts of)
relative to State or locally-established criteria
regarding--
``(i) maintenance and operating costs of
the transportation system, vehicle miles
traveled, peak-period travel times,
transportation choices, and mode shares;
``(ii) location of housing units, jobs,
medical facilities, and commercial centers to
transit;
``(iii) improvements directed to low-income
families and older individuals;
``(iv) transportation-related pollution
emissions into the air and water;
``(v) land consumption; and
``(vi) other locally-significant factors.
``(G) Improving regional travel and emission
modeling to examine factors not currently considered,
such as induced travel and land use effects of
transportation alternatives, types of vehicles owned
and used by households, time-of-day of travel and
linkage of trips to each other throughout the day,
effects of urban design and pedestrian and bicycle
environment on travel behavior, and impacts of
alternatives on the distribution of benefits and
burdens among various groups protected under title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.).
``(3) Federal share.--Notwithstanding subsection (e)(2),
the Federal share of the cost of activities carried out under
the pilot program shall be 100 percent.
``(4) Set aside.--The Secretary shall make available
$1,500,000 of the amounts made available to carry out this
section for each of fiscal years 2005 through 2009 to carry out
the pilot program under this subsection.''.
SEC. 1116. DEPLOYMENT OF MAGNETIC LEVITATION TRANSPORTATION PROJECTS.
(a) Definitions.--In this section, the following definitions apply:
(1) Eligible project costs.--The term ``eligible project
costs''--
(A) means the capital cost of the fixed guideway
infrastructure of a MAGLEV project, including land,
piers, guideways, propulsion equipment and other
components attached to guideways, power distribution
facilities (including substations), control and
communications facilities, access roads, and storage,
repair, and maintenance facilities, but not including
costs incurred for a new station; and
(B) includes the costs of preconstruction planning
activities.
(2) Full project costs.--The term ``full project costs''
means the total capital costs of a MAGLEV project, including
eligible project costs and the costs of stations, vehicles, and
equipment.
(3) MAGLEV.--The term ``MAGLEV'' means transportation
systems employing magnetic levitation that would be capable of
safe use by the public at a speed in excess of 240 miles per
hour.
(4) State.--The term ``State'' has the meaning such term
has under section 101(a) of title 23, United States Code.
(b) In General.--
(1) Assistance for eligible projects.--The Secretary shall
make available financial assistance to pay the Federal share of
full project costs of eligible projects authorized by this
section.
(2) Use of assistance.--Financial assistance provided under
paragraph (1) shall be used only to pay eligible project costs
of projects authorized by this section.
(3) Applicability of other laws.--Financial assistance made
available under this section, and projects assisted with such
assistance, shall be subject to section 5333(a) of title 49,
United States Code.
(c) Project Eligibility.--To be eligible to receive financial
assistance under subsection (b), a project shall--
(1) involve a segment or segments of a high-speed ground
transportation corridor;
(2) result in an operating transportation facility that
provides a revenue producing service; and
(3) be approved by the Secretary based on an application
submitted to the Secretary by a State or authority designated
by 1 or more States.
(d) 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 $15,000,000 for fiscal year 2005 and
$20,000,000 for each of fiscal years 2006 through 2009.
(e) Applicability of Title 23, United States Code.--Funds
authorized to be appropriated by 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 the Federal
share of the full project costs of an eligible project shall be 80
percent, and such funds shall remain available until expended and shall
not be transferable.
SEC. 1117. RECREATIONAL TRAILS.
(a) Recreational Trails Program Formula.--Section 104(h)(1) of
title 23, United States Code, is amended by striking ``research and
technical'' and all that follows through ``Committee'' and inserting
``research, technical assistance, and training under the recreational
trails program''.
(b) Permissible Uses.--Section 206(d)(2) of such title is amended
to read as follows:
``(2) Permissible uses.--Permissible uses of funds
apportioned to a State for a fiscal year to carry out this
section include--
``(A) maintenance and restoration of existing
recreational trails;
``(B) development and rehabilitation of trailside
and trailhead facilities and trail linkages for
recreational trails;
``(C) purchase and lease of recreational trail
construction and maintenance equipment;
``(D) construction of new recreational trails,
except that, in the case of new recreational trails
crossing Federal lands, construction of the trails
shall be--
``(i) permissible under other law;
``(ii) necessary and recommended by a
statewide comprehensive outdoor recreation plan
that is required by the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-4
et seq.) and that is in effect;
``(iii) approved by the administering
agency of the State designated under subsection
(c)(1); and
``(iv) approved by each Federal agency
having jurisdiction over the affected lands
under such terms and conditions as the head of
the Federal agency determines to be
appropriate, except that the approval shall be
contingent on compliance by the Federal agency
with all applicable laws, including the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.), and the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.);
``(E) acquisition of easements and fee simple title
to property for recreational trails or recreational
trail corridors;
``(F) assessment of trail conditions for
accessibility and maintenance;
``(G) operation of educational programs to promote
safety and environmental protection as those objectives
relate to the use of recreational trails, but in an
amount not to exceed 5 percent of the apportionment
made to the State for the fiscal year; and
``(H) payment of costs to the State incurred in
administering the program, but in an amount not to
exceed 7 percent of the apportionment made to the State
for the fiscal year to carry out this section.''.
(c) Use of Apportionments.--Section 206(d)(3) of such title is
amended--
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (C);
and
(3) in subparagraph (C) (as so redesignated) by striking
``(2)(F)'' and inserting ``(2)(H)''.
(d) Federal Share.--Section 206(f) of such title is amended--
(1) in paragraph (1)--
(A) by inserting ``and the Federal share of the
administrative costs of a State'' after ``project'';
and
(B) by striking ``not exceed 80 percent'' and
inserting ``be determined in accordance with section
120(b)'';
(2) in paragraph (2)(A) by striking ``80 percent of'' and
inserting ``the amount determined in accordance with section
120(b) for'';
(3) in paragraph (2)(B) by inserting ``sponsoring the
project'' after ``Federal agency'';
(4) by striking paragraph (5);
(5) by redesignating paragraph (4) as paragraph (5);
(6) in paragraph (5) (as so redesignated) by striking ``80
percent'' and inserting ``the Federal share as determined in
accordance with section 120(b)''; and
(7) 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 toward the non-Federal matching share for other Federal
program funds that are--
``(A) expended in accordance with the requirements
of the Federal program relating to activities funded
and populations served; and
``(B) expended on a project that is eligible for
assistance under this section.''.
(e) Planning and Environmental Assessment Costs Incurred Prior to
Project Approval.--Section 206(h)(1) of such title is amended by adding
at the end the following:
``(C) Planning and environmental assessment costs
incurred prior to project approval.--The Secretary may
allow pre-approval planning and environmental
compliance costs to be credited toward the non-Federal
share of the cost of a project described under
subsection (d)(2) (other than subparagraph (I)) in
accordance with subsection (f), limited to costs
incurred less than 18 months prior to project
approval.''.
(f) Encouragement of Use of Youth Conservation or Service Corps.--
The Secretary shall encourage the States to enter into contracts and
cooperative agreements with qualified youth conservation or service
corps to perform construction and maintenance of recreational trails
under section 206 of title 23, United States Code.
SEC. 1118. FEDERAL LANDS HIGHWAYS.
(a) Contracts and Agreements With Indian Tribes.--Section 202(d)(3)
of title 23, United States Code, is amended to read as follows:
``(3) Contracts and agreements with indian tribes.--
``(A) In general.--Notwithstanding any other
provision of law or any interagency agreement, program
guideline, manual, or policy directive, all funds made
available to an Indian tribal government under this
title for a highway, road, bridge, parkway, or transit
facility project that is located on an Indian
reservation or provides access to the reservation or a
community of the Indian tribe shall be made available,
on the request of the Indian tribal government, to the
Indian tribal government for use in carrying out, in
accordance with the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.),
contracts and agreements for the planning, research,
engineering, and construction relating to such project.
``(B) Exclusion of agency participation.--In
accordance with subparagraph (A), all funds for a
project to which subparagraph (A) applies shall be paid
to the Indian tribal government without regard to the
organizational level at which the Department of the
Interior has previously carried out, or the Department
of Transportation has previously carried out under the
Federal lands highway programs, the programs,
functions, services, or activities involved.
``(C) Consortia.--Two or more Indian tribes that
are otherwise eligible to participate in a project to
which this title applies may form a consortium to be
considered as a single Indian tribe for the purpose of
participating in the project under this section.
``(D) Funding.--The amount an Indian tribal
government receives for a project under subparagraph
(A) shall equal the sum of the funding that the Indian
tribal government would otherwise receive for the
project in accordance with the funding formula
established under this subsection and such additional
amount as the Secretary determines equal the amounts
that would have been withheld for the costs of the
Bureau of Indian Affairs for administration of the
project.
``(E) Eligibility.--An Indian tribal government may
receive funding under subparagraph (A) for a project in
a fiscal year if the Indian tribal government
demonstrates to the satisfaction of the Secretary
financial stability and financial management capability
as demonstrated in the annual auditing required under
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.) and, during the preceding
fiscal year, had no uncorrected significant and
material audit exceptions in the required annual audit
of the Indian tribe's self-determination contracts or
self-governance funding agreements with any Federal
agency.
``(F) Assumption of functions and duties.--An
Indian tribal government receiving funding under
subparagraph (A) for a project shall assume all
functions and duties that the Secretary of the Interior
would have performed with respect to projects under
this chapter, other than those functions and duties
that inherently cannot be legally transferred under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b et seq.).
``(G) Powers.--An Indian tribal government
receiving funding under subparagraph (A) for a project
shall have all powers that the Secretary of the
Interior would have exercised in administering the
funds transferred to the Indian tribal government for
such project under this section if such funds had not
been transferred, except to the extent that such powers
are powers that inherently cannot be legally
transferred under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b et seq.).
``(H) Dispute resolution.--In the event of a
disagreement between the Secretary of Transportation or
the Secretary of the Interior and an Indian tribe over
whether a particular function, duty, or power may be
lawfully transferred under the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b et seq.), the Indian tribe shall have the right to
pursue all alternative dispute resolutions and appeal
procedures authorized by such Act, including
regulations issued to carry out such Act.''.
(b) Alaska Native Village Inventory.--Section 202(d)(2) of such
title is amended by adding at the end the following:
``(E) Alaska native road inventory.--
``(i) In general.--For fiscal year 2005 and
each fiscal year thereafter, any allocation of
sums authorized to be appropriated for Indian
reservation roads in Alaska shall be based on
an inventory of roads within the exterior
boundaries of village corporation land selected
pursuant to the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.) that includes all
routes previously included in such an
inventory. The Secretary of Transportation and
the Secretary of the Interior may include, in
the inventory of roads, those proposed for
inclusion by tribal village governments from
among community streets within the village and
those proposed primary access routes for
inclusion by tribal village governments,
including roads and trails between villages
(including links over water), roads and trails
to landfills, roads and trails to drinking
water sources, roads and trails to natural
resources identified for economic development,
and roads and trails that provide access to
intermodal termini, such as airports, harbors,
or boat landings.
``(ii) Limitation on primary access
routes.--For purposes of this subparagraph, a
proposed primary access route is the shortest
practicable route connecting 2 points of the
proposed route.''.
(c) Grants for Financing Transportation Debt.--Section 202(d)(2)(A)
of such title is amended by inserting before the period at the end the
following: ``; except that, beginning October 1, 2004, the Secretary
may use up to 3 percent of such funds for making grants to Indian
tribes for the purpose of financing transportation debt for individual
Indian reservation roads subject to all requirements governing Federal
assistance for Indian roads under this section and section 204''.
(d) Deputy Assistant Secretary of Transportation for Tribal
Government Affairs.--Section 102 of title 49, United States Code, is
amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Deputy Assistant Secretary for Tribal Government Affairs.--
The Department of Transportation shall have, within the office of the
Secretary, a Deputy Assistant Secretary for Tribal Government Affairs
appointed by the President to plan, coordinate, and implement the
Department of Transportation policy and programs serving Indian tribes
and tribal organizations and to coordinate tribal transportation
programs and activities in all offices and administrations of the
Department and to be a participant in any negotiated rulemaking related
to, or has impact on, projects, programs, or funding associated with
the tribal transportation program.''.
(e) Alaska Native Village Transportation Program.--
(1) Establishment.--Not later than 3 months after the date
of enactment of this Act, the Secretary and the Denali
Commission, in coordination with the Alaska Federation of
Natives, shall establish an Alaska Native Village
transportation program to pay the costs of planning, design,
construction, and maintenance of road and other surface
transportation facilities identified by Alaska Native Villages.
(2) Alaska native village defined.--In this subsection, the
term ``Alaska Native Village'' has the same meaning such term
has as used by the Bureau of Indian Affairs in administering
the Indian reservation road program under section 202 of title
23, United States Code.
SEC. 1119. CONSERVATION MEASURES.
(a) Refuge Roads.--Section 204(k)(1) of title 23, United States
Code, is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by redesigning subparagraph (C) as subparagraph (D);
(3) by inserting after subparagraph (B) the following:
``(C) construction, maintenance, and improvement of
wildlife observation infrastructure; and''; and
(4) in subparagraph (D) (as so redesignated) by striking
``maintenance and improvements'' and inserting ``construction,
maintenance, and improvements''.
(b) Forest Highways.--Of the amounts made available for public
lands highways under section 1101--
(1) not to exceed $20,000,000 per fiscal year may be used
for the maintenance of forest highways;
(2) not to exceed $2,500,000 per fiscal year may be used to
repair culverts and bridges on forest highways to facilitate
appropriate fish passage and ensure reasonable flows and to
maintain and remove such culverts and bridges as appropriate;
and
(3) not to exceed $1,000,000 per fiscal year may be used
for signage identifying public hunting and fishing access.
(c) Wildlife Vehicle Collision Reduction Study.--
(1) In general.--The Secretary shall conduct a study of
methods to reduce collisions between motor vehicles and
wildlife (in this subsection referred to as ``wildlife vehicle
collisions'').
(2) Contents.--
(A) Areas of study.--The study shall include an
assessment of the causes and impacts of wildlife
vehicle collisions and solutions and best practices for
reducing such collisions.
(B) Methods for conducting the study.--In carrying
out the study, the Secretary shall--
(i) conduct a thorough literature review;
and
(ii) survey current practices of the
Department of Transportation.
(3) Consultation.--In carrying out the study, the Secretary
shall consult with appropriate experts in the field of wildlife
vehicle collisions.
(4) Report.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall
transmit to Congress a report on the results of the
study.
(B) Contents.--The report shall include a
description of each of the following:
(i) Causes of wildlife vehicle collisions.
(ii) Impacts of wildlife vehicle
collisions.
(iii) Solutions to and prevention of
wildlife vehicle collisions.
(5) Manual.--
(A) Development.--Based upon the results of the
study, the Secretary shall develop a best practices
manual to support State efforts to reduce wildlife
vehicle collisions.
(B) Availability.--The manual shall be made
available to States not later than 1 year after the
date of transmission of the report under paragraph (4).
(C) Contents.--The manual shall include, at a
minimum, the following:
(i) A list of best practices addressing
wildlife vehicle collisions.
(ii) A list of information, technical, and
funding resources for addressing wildlife
vehicle collisions.
(iii) Recommendations for addressing
wildlife vehicle collisions.
(iv) Guidance for developing a State action
plan to address wildlife vehicle collisions
(6) Training.--Based upon the manual developed under
paragraph (5), the Secretary shall develop a training course on
addressing wildlife vehicle collisions for transportation
professionals.
SEC. 1120. PEDESTRIAN AND CYCLIST EQUITY.
(a) Safe Routes to School Program.--
(1) Establishment.--Subject to the requirements of this
subsection, the Secretary shall establish and carry out a safe
routes to school program for the benefit of children in primary
and middle schools.
(2) Purposes.--The purposes of the program shall be--
(A) to enable and encourage children, including
those with disabilities, to walk and bicycle to school;
(B) to make bicycling and walking to school a safer
and more appealing transportation alternative, thereby
encouraging a healthy and active lifestyle from an
early age; and
(C) to facilitate the planning, development, and
implementation of projects and activities that will
improve safety and reduce traffic, fuel consumption,
and air pollution in the vicinity of schools.
(3) Apportionment of funds.--
(A) In general.--Subject to subparagraphs (B) and
(C), amounts made available to carry out this
subsection for a fiscal year shall be apportioned among
the States in the ratio that--
(i) the total student enrollment in primary
and middle schools in each State; bears to
(ii) the total student enrollment in
primary and middle schools in all the States.
(B) Minimum apportionment.--No State shall receive
an apportionment under this subsection for a fiscal
year of less than $2,000,000.
(C) Set-aside.--Before apportioning amounts made
available to carry out this subsection under this
paragraph for a fiscal year, the Secretary shall set
aside not more than 2 percent of such amounts for the
administrative expenses of the Secretary in carrying
out this subsection.
(D) Determination of student enrollments.--
Determinations under this paragraph concerning student
enrollments shall be made by the Secretary.
(4) Administration of amounts.--Amounts apportioned to a
State under this subsection shall be administered by the
State's department of transportation.
(5) Eligible recipients.--Amounts apportioned to a State
under this subsection shall be used by the State to provide
financial assistance to State, local, and regional agencies,
including nonprofit organizations, that demonstrate an ability
to meet the requirements of this subsection.
(6) Eligible projects and activities.--
(A) Infrastructure-related projects.--
(i) In general.--Amounts apportioned to a
State under this subsection may be used for the
planning, design, and construction of
infrastructure-related projects that will
substantially improve the ability of students
to walk and bike to school, including sidewalk
improvements, traffic calming and speed
reduction improvements, pedestrian and bicycle
crossing improvements, on-street bicycle
facilities, off-street bicycle and pedestrian
facilities, secure bicycle parking facilities,
and traffic diversion improvements in the
vicinity of schools.
(ii) Location of projects.--Infrastructure-
related projects under subparagraph (A) may be
carried out on any public road or any bicycle
or pedestrian pathway or trail in the vicinity
of schools.
(B) Noninfrastructure-related activities.--
(i) In general.--In addition to projects
described in subparagraph (A), amounts
apportioned to a State under this subsection
may be used for noninfrastructure-related
activities to encourage walking and bicycling
to school, including public awareness campaigns
and outreach to press and community leaders,
traffic education and enforcement in the
vicinity of schools, student sessions on
bicycle and pedestrian safety, health, and
environment, and funding for training,
volunteers, and managers of safe routes to
school programs.
(ii) Allocation.--Not less than 10 percent
and not more than 30 percent of the amount
apportioned to a State under this subsection
for a fiscal year shall be used for
noninfrastructure-related activities under this
subparagraph.
(C) Safe routes to school coordinator.--Each State
receiving an apportionment under this subsection for a
fiscal year shall use a sufficient amount of the
apportionment to fund a full-time position of
coordinator of the State's safe routes to school
program.
(7) Clearinghouse.--
(A) In general.--The Secretary shall make grants to
a national nonprofit organization engaged in promoting
safe routes to schools to--
(i) operate a national safe routes to
school clearinghouse;
(ii) develop information and educational
programs on safe routes to school; and
(iii) provide technical assistance and
disseminate techniques and strategies used for
successful safe routes to school programs.
(B) Funding.--The Secretary shall carry out this
paragraph using amounts set aside for administrative
expenses under paragraph (3)(C).
(8) Task force.--
(A) In general.--The Secretary shall establish a
national safe routes to school task force composed of
leaders in health, transportation, and education,
including representatives of appropriate Federal
agencies, to study and develop a strategy for advancing
safe routes to school programs nationwide.
(B) Report.--Not later than March 31, 2006, the
Secretary shall transmit to Congress a report
containing the results of the study conducted, and a
description of the strategy developed, under
subparagraph (A) and information regarding the use of
funds for infrastructure-related and noninfrastructure-
related activities under subparagraphs (A) and (B) of
paragraph (6).
(C) Funding.--The Secretary shall carry out this
paragraph using amounts set aside for administrative
expenses under paragraph (3)(C).
(9) Applicability of title 23.--Funds made available to
carry out 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 such funds shall
not be transferable and shall remain available until expended
and the Federal share of the cost of a project or activity
under this section shall be 100 percent. Notwithstanding any
other provision of law, projects assisted under this subsection
shall be treated as projects on a Federal-aid system under such
chapter.
(10) Definitions.--In this subsection, the following
definitions apply:
(A) In the vicinity of schools.--The term ``in the
vicinity of schools'' means, with respect to a school,
the area within bicycling and walking distance of the
school (approximately 2 miles).
(B) Primary and middle schools.--The term ``primary
and middle schools'' means schools providing education
from kindergarten through eighth grade.
(C) State.--The term ``State'' has the meaning such
term has in section 101(a) of title 23, United States
Code.
(b) Nonmotorized Transportation Pilot Program.--
(1) Establishment.--The Secretary shall establish and carry
out a nonmotorized transportation pilot program to construct,
in 4 communities selected by the Secretary, a network of
nonmotorized transportation infrastructure facilities,
including sidewalks, bicycle lanes, and pedestrian and bicycle
trails, that connect directly with transit stations, schools,
residences, businesses, recreation areas, and other community
activity centers.
(2) Purpose.--The purpose of the program shall be to
demonstrate the extent to which bicycling and walking can carry
a significant part of the transportation load, and represent a
major portion of the transportation solution, within selected
communities.
(3) Grants.--In carrying out the program, the Secretary may
make grants to State, local, and regional agencies, that the
Secretary determines are suitably equipped and organized to
carry out the objectives and requirements of this subsection.
An agency that receives a grant under this subsection may
suballocate grant funds to a nonprofit organization to carry
out the program under this subsection.
(4) Applicability of title 23.--Funds made available to
carry out 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 a project carried out under this
subsection shall be 80 percent, and such funds shall not be
transferable and shall remain available until expended.
(5) Statistical information.--In carrying out the program,
the Secretary shall develop statistical information on changes
in motor vehicle, nonmotorized transportation, and public
transportation usage in communities participating in the
program and assess how such changes decrease congestion and
energy usage, increase the frequency of biking and walking, and
promote better health and a cleaner environment.
(6) Reports.--The Secretary shall transmit to Congress an
interim report not later than September 30, 2007, and a final
report not later than September 30, 2010, on the results of the
program.
SEC. 1121. NATIONAL COMMISSIONS.
(a) National Commission on Future Revenue Sources to Support the
Highway Trust Fund.--
(1) Establishment.--There is established a National
Commission on Future Revenue Sources to Support the Highway
Trust Fund to conduct--
(A) a study evaluating alternative short-term
sources of Highway Trust Fund revenue to support the
requirements of section 1124; and
(B) a study evaluating alternative long-term
sources of revenue to support the Highway Trust Fund,
considering the findings, conclusions, and
recommendations of a recent study by the Transportation
Research Board of the National Academy of Sciences on
alternatives to the fuel tax to support highway program
financing and other relevant prior research.
(2) Functions.--The Commission shall--
(A) develop recommendations to generate Highway
Trust Fund revenue necessary to accomplish the
requirements of section 1124;
(B) oversee a comprehensive investigation of
alternatives to replace the fuel tax as the principal
revenue source to support the Highway Trust Fund over
at least the next 30 years;
(C) consult with the Secretary of Transportation
and the Secretary of the Treasury to assure that their
views concerning essential attributes of Highway Trust
Fund revenue alternatives are understood;
(D) assure that State transportation agency views
on alternative revenue sources to support State
transportation improvement programs are appropriately
considered and that any recommended Federal financing
strategy take into account State financial
requirements; and
(E) make specific recommendations regarding actions
that need to be taken to develop alternative revenue
sources to support the Highway Trust Fund and when
those actions must be taken.
(3) Specific matters to be addressed.--The study under
paragraph (1)(B) shall address specifically--
(A) advantages and disadvantages of alternative
revenue sources to meet anticipated Federal surface
transportation financial requirements;
(B) the time frame within which actions must be
taken to transition from the fuel tax to alternative
revenue sources to support the Highway Trust Fund;
(C) recommendations concerning the most promising
revenue sources to support long-term Federal surface
transportation financing requirements;
(D) development of a broad transition strategy to
move from the current tax base to new funding
mechanisms, including the time frame for various
aspects of the transition strategy;
(E) recommendations for additional research that
may be needed to implement recommended alternatives;
and
(F) the extent to which revenues should reflect the
relative use of the highway system.
(4) Matters to consider and evaluate.--To the maximum
extent feasible, the Commission, in conducting the study under
paragraph (1)(B), shall consider and evaluate other related
work that has been done by the Department of Transportation,
the Department of Energy, the Transportation Research Board,
and others. In developing recommendations under paragraph (2),
the Commission shall consider--
(A) the ability to generate sufficient revenues 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, to
implement each option;
(D) potential taxpayer privacy concerns;
(E) 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 States tax
mechanisms under each alternative.
(5) Membership.--
(A) Composition.--The Commission shall be composed
of nine members of whom--
(i) three members shall be appointed by the
Secretary;
(ii) two members shall be appointed by the
Speaker of the House of Representatives;
(iii) one member shall be appointed by the
minority leader of the House of
Representatives;
(iv) two members shall be appointed by the
majority leader of the Senate; and
(v) one member shall be appointed by the
minority leader of the Senate.
(B) Qualifications.--Members appointed under
subparagraph (A) shall have experience in public
finance, surface transportation program administration,
managing organizations that use surface transportation
facilities, academic research into related issues, or
other activities that provide unique perspectives on
current and future requirements for revenue sources to
support the Highway Trust Fund.
(C) Terms.--Members shall be appointed for the life
of the Commission.
(D) Vacancies.--A vacancy on the Commission shall
be filled in the manner in which the original
appointment was made.
(E) Travel expenses.--Members shall serve without
pay but shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
(F) Chairman.--The Chairman of the Commission shall
be elected by the members.
(6) Staff.--
(A) In general.--The Commission may engage the
services of an appropriate organization, agency, or
firm to conduct the studies under this subsection, but
the Commission shall provide strategic guidance for the
studies.
(B) Detail staff.--Upon request of the Commission,
the Secretary may detail, on a reimbursable basis, any
of the personnel of the Department of Transportation to
the Commission to assist the Commission in carrying out
its duties under this subsection.
(C) Cooperation.--The Secretary shall cooperate
with the Commission in conducting the studies under
this subsection, including providing the Commission
with such nonconfidential data and information as
necessary for conducting and completing the study.
(7) Administrative support services.--Upon the request of
the Commission, the Secretary shall provide to the Commission,
on a reimbursable basis, the administrative support and
services necessary for the Commission to carry out its
responsibilities under this subsection.
(8) Reports and recommendations.--
(A) Revenue actions.--Not later than September 30,
2005, the Commission shall transmit to Congress a
report on revenue actions that would support the
requirements of section 1124.
(B) Alternative long-term sources of revenue.--Not
later than September 30, 2006, the Commission shall
transmit to Congress a report on the results of the
study conducted under paragraph (1)(B), relating to
alternative long-term sources of revenue to support the
Highway Trust Fund, including recommendations to
address the needs identified in the study.
(9) Termination.--The Commission shall terminate on the
180th day following the date of transmittal of the report under
paragraph (8)(B). By such 180th day, the Commission shall
deliver all records and papers of the Commission to the
Archivist of the United States for deposit in the National
Archives.
(10) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) $1,500,000 for each of fiscal years 2005
and 2006 to carry out this subsection.
(11) Applicability of title 23.--Funds made available to
carry out 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 activities carried out under this
subsection shall be 100 percent, and such funds shall remain
available until expended.
(b) Declaration of Policy Regarding Future of the Interstate
Highway System Study.--Section 101(b) of title 23, United States Code,
is amended by striking the last paragraph and inserting the following:
``It is further declared that it is in the national interest to
preserve and enhance the Dwight D. Eisenhower National System of
Interstate and Defense Highways to meet the Nation's needs for the 21st
century. The current urban and long distance personal travel and
freight movement demands have surpassed the vision of the original
Interstate System and travel demand patterns are expected to change.
Continued planning for and investment in the Interstate System is
critical to assure it adequately meets the changing travel demands of
the future. Among the foremost needs that the Interstate System must
provide are safe, efficient, and reliable (1) national and
interregional personal mobility, (2) flow of interstate commerce, and
(3) travel movements essential for national security. To the maximum
extent, actions under this title should address congestion, safety, and
freight transportation to provide for a strong and vigorous national
economy. The Interstate System is hereby declared to be the Nation's
premiere highway system, essential for the Nation's economic vitality,
national security, and general welfare. The Secretary of Transportation
is directed to take appropriate actions to preserve and enhance the
Interstate System to meet the needs of the 21st century in accordance
with this title..
(c) National Commission on Future of Interstate Highway System.--
(1) Establishment.--There is established a National
Commission on the Future of the Dwight D. Eisenhower National
System of Interstate and Defense Highways (in this subsection
referred to as the `Interstate System').
(2) Function.--The Commission shall--
(A) conduct a study of the current condition and
future of the Interstate System and develop a
conceptual plan with alternative approaches for the
future of the Interstate System to assure that the
Interstate System will continue to serve the needs of
the Nation;
(B) assure that State transportation agency views
are considered; and
(C) make specific recommendations regarding those
design standards, Federal policies, and legislative
changes that must be made to assure the national
interests are served in meeting future Interstate
System needs.
(3) Specific matters to be addressed.--The Commission shall
assure that the study under this subsection specifically
addresses the following:
(A) Current condition.--The current condition and
performance of the Interstate System, including
physical condition of bridges and pavements and
operational characteristics and performance, shall be
examined, relying primarily on existing data sources.
(B) Future assessment.--The future of the
Interstate System, based on a range of legislative and
policy approaches for 15-, 30-, and 50-year horizons.
(4) Specific issues and details to address.--The following
specific issues and details shall be addressed as a part of the
study under this subsection:
(A) Demographics.--Expected demographics and
business uses that impact transportation.
(B) Usage.--Expected system use and effects of
changing vehicle types, fleet size and weights, and
traffic volumes.
(C) Natural disaster.--Seismic and other
vulnerabilities and their potential impacts.
(D) Design standards.--Desirable design policies
and standards for future improvements, including safety
improvement and additional access points.
(E) System wide needs.--Identification of both
urban and rural needs.
(F) Potential system expansion, upgrades, or other
changes.--Deployment of advanced materials and
intelligent technologies; critical multi-state rural
corridors needing capacity, safety, and operational
enhancements; urban and multi-state corridor additions;
bypasses of major cities that ensure efficient long-
haul travel; improvements to inter-modal linkages;
strategies to enhance asset preservation; and
implementation strategies.
(G) Community values.--Consideration of alternative
approaches to maintaining or enhancing community values
in those neighborhoods adjacent to the Interstate
System.
(H) Environmental issues.--Consideration of
alternative approaches to addressing environmental
concerns relative to recommended alternatives.
(I) System performance.--Evaluation and assessment
of the current and future capabilities for conducting
system-wide real-time performance data collection and
analysis, traffic monitoring, system operations and
management.
(5) Alternatives.--A range of policy recommendations shall
be developed as a part of the plan under this subsection to
address identified future needs of the Interstate System. The
alternatives shall include funding needs and potential
approaches to provide those funds.
(6) Membership.--
(A) Composition.--The Commission shall be composed
of nine members of whom--
(i) three members shall be appointed by the
Secretary;
(ii) two members shall be appointed by the
Speaker of the House of Representatives;
(iii) one member shall be appointed by the
minority leader of the House of
Representatives;
(iv) two members shall be appointed by the
majority leader of the Senate; and
(v) one member shall be appointed by the
minority leader of the Senate.
(B) Qualifications.--Members appointed under
subparagraph (A) shall be appointed from among
individuals that have a concern for maintaining a
strong role for the Interstate System in the future of
the Nation and may include representatives from
Federal, State, and local governments, other
transportation authorities or agencies, and
organizations representing surface transportation
owners and operators.
(C) Terms.--Members shall be appointed for the life
of the Commission.
(D) Vacancies.--A vacancy in the Commission shall
be filled in the manner in which the original
appointment was made.
(E) Travel expenses.--Member shall serve without
pay but shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
(F) Chairman.--The Chairman of the Commission shall
be elected by the members.
(7) Staff.--
(A) In general.--The Commission may engage the
services of an appropriate organization, agency, or
firm to conduct the study under this subsection, but
the Commission shall provide strategic guidance for the
study.
(B) Detail staff.--Upon request of the Commission,
the Secretary may detail, on a reimbursable basis, any
of the personnel of the Department of Transportation to
the Commission to assist the Commission in carrying out
its duties under this subsection.
(C) Cooperation.--The Secretary shall cooperate
with the Commission in the study, including providing
the Commission with such nonconfidential data and
information as necessary for conducting and completing
the study.
(8) Administrative support services.--Upon the request of
the Commission, the Secretary shall provide to the Commission,
on a reimbursable basis, the administrative support and
services necessary for the Commission to carry out its
responsibilities under this subsection.
(9) Report and recommendations.--Not later than September
30, 2006, the Commission shall transmit to Congress a final
report on the results of the study conducted under this
subsection, including recommendations to address the needs
identified in the study.
(10) Termination.--The Commission shall terminate on the
180th day following the date of transmittal of the report under
paragraph (9). By such 180th day, the Commission shall deliver
all records and papers of the Commission to the Archivist of
the United States for deposit in the National Archives.
(11) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Funds (other than the
Mass Transit Account) to carry out this subsection $1,000,000
for each of fiscal years 2005 and 2006.
(12) Applicability of title 23, united states code.--Funds
authorized to be appropriated by 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 the Federal share of the cost of activities
carried out under this subsection shall be 100 percent and such
funds shall remain available until expended.
SEC. 1122. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF
2004, PART V.
[Reserved]
SEC. 1123. ROADWAY SAFETY.
(a) Road Safety.--
(1) In general.--The Secretary shall enter into an
agreement to assist in the activities of a national nonprofit
organization that is dedicated solely to improving public road
safety--
(A) by improving the quality of data pertaining to
public road hazards and design features that affect or
increase the severity of motor vehicle crashes;
(B) by developing and carrying out a public
awareness campaign to educate State and local
transportation officials, public safety officials, and
motorists regarding the extent to which public road
hazards and design features are a factor in motor
vehicle crashes; and
(C) by promoting public road safety research and
technology transfer activities.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$500,000 for each of fiscal years 2005 through 2009 to carry
out this subsection.
(3) Applicability of title 23.--Funds made available 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.
(b) Bicycle and Pedestrian Safety Grants.--
(1) In general.--The Secretary shall make grants to a
national, not-for-profit organization engaged in promoting
bicycle and pedestrian safety--
(A) to operate a national bicycle and pedestrian
clearinghouse;
(B) to develop information and educational
programs; and
(C) to disseminate techniques and strategies for
improving bicycle and pedestrian safety.
(2) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$500,000 for each of fiscal years 2004 through 2009 to carry
out this subsection.
(3) Applicability of title 23.--Funds made available by
this subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of
title 23, United States Code, except that the funds shall
remain available until expended.
SEC. 1124. EQUITY REQUIREMENT.
(a) General Provisions.--The Secretary may not apportion before
August 1, 2006, any funds for any of the programs referred to in
subsection (b) for fiscal year 2006 unless, after the date of enactment
of this Act, a law has been enacted that--
(1) increases the guaranteed rate of return pursuant to
section 105 of title 23, United States Code, to 92 percent in
fiscal year 2006, 93 percent in fiscal year 2007, 94 percent in
fiscal year 2008, and 95 percent in fiscal year 2009; and
(2) requires that each State receive apportionments for
such programs for each of such fiscal years that in the
aggregate are at least equal to the greater of--
(A) the State's minimum guaranteed rate of return
required under paragraph (1); and
(B) the State's prior fiscal year's apportioned
highway funds for programs referred in subsection (b)
plus an amount equal to the State's prior year
apportioned funds for such programs multiplied by the
percentage increase in the consumer price index during
the 12-month period ending June 30 of the calendar year
in which the fiscal year begins.
(b) Applicability.--The withholding of apportioned funds under
subsection (a) shall apply to the following programs:
(1) The National Highway System program under section
103(b) of title 23, United States Code.
(2) The high priority projects program under section 117 of
such title.
(3) The Interstate maintenance program under section 119 of
such title.
(4) The surface transportation program under section 133 of
such title.
(5) Metropolitan planning under chapter 52 of title 49,
United States Code.
(6) The highway bridge replacement and rehabilitation
program under section 144 of title 23, United States Code.
(7) The congestion mitigation and air quality improvement
program under section 149 of such title.
(8) The recreational trails program under section 206 of
such title.
(9) The Appalachian development highway system under
subtitle IV of title 40, United States Code.
(10) The freight intermodal connectors program under
section 1303 of this Act.
(11) The coordinated border infrastructure program under
section 1302 of this Act.
(12) The high risk rural road safety improvement program
under section 1403 of this Act.
(13) The safe routes to schools program under section 1120
of this Act.
(14) The minimum guarantee program under section 105 of
title 23, United States Code.
(c) Consideration of Commission Findings.--In considering a law
that increases the guaranteed rate of return referred to in subsection
(a), Congress should consider the findings of the report on alternative
short-term sources of Highway Trust Fund revenue to be published by the
National Commission on Future Revenue Sources to Support the Highway
Trust Fund pursuant to section 1121 of this Act.
Subtitle B--Congestion Relief
SEC. 1201. MOTOR VEHICLE CONGESTION RELIEF.
(a) In General.--Title 23, United States Code, is amended by
inserting after section 138 the following:
`Sec. 139. Motor vehicle congestion relief
`(a) In General.--Each State that has an urbanized area with an
urbanized area population of over 200,000 individuals shall obligate in
each of fiscal years 2005 through 2009 a portion of the State's
apportionments under section 104(b) in such fiscal year, as calculated
under subsection (b), for congestion relief activities in such
urbanized areas in accordance with this section.
`(b) Calculation of Amount.--The portion of a State's
apportionments for a fiscal year to be obligated for congestion relief
activities under subsection (a) shall be determined by multiplying--
`(1) the total of amounts apportioned to the State under
each of paragraphs (1), (2), (3), and (4) of section 104(b) in
such fiscal year; by
`(2) 10 percent; by
`(3) the percentage of the State's population residing in
urbanized areas of the State with an urbanized area population
of over 200,000 individuals.
`(c) Allocation Between Under One and Under Three Congestion Relief
Activities.--Of the total amount of a State's apportionments to be
obligated for congestion relief activities for a fiscal year as
calculated under subsection (b)--
`(1) 40 percent shall be obligated for under one congestion
relief activities;
`(2) 35 percent shall be obligated for under three
congestion relief activities; and
`(3) 25 percent shall be obligated at the discretion of the
State department of transportation for 1 or more of the
following:
`(A) Under one congestion relief activities.
`(B) Under three congestion relief activities.
`(C) Capital costs for transit projects that are
eligible for assistance under chapter 53 of title 49.
`(D) Demand relief projects and activities that
shift demand to non-peak hours or to other modes of
transportation or that reduce the overall level of
demand for roads through such means as telecommuting,
ridesharing, alternative work hour programs, and value
pricing.
`(d) Obligation of Amounts.--
`(1) In general.--In complying with the requirements of
this section, the amounts obligated by a State for congestion
relief activities under subsection (a) shall be allocated among
the individual programs for which funds are apportioned under
sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4).
`(2) Limitation on statutory construction.--Nothing in this
subsection shall be construed as requiring a State to obligate
proportional or equal amounts under sections 104(b)(1),
104(b)(2), 104(b)(3), and 104(b)(4) for any congestion relief
activity under this section.
`(e) Limitation on Statutory Construction.--Nothing in this section
shall be construed as altering or otherwise affecting the applicability
of the requirements of this chapter (including requirements relating to
the eligibility of a project for assistance under the program, the
location of the project, and the Federal-share payable on account of
the project) to amounts apportioned to a State for a program under
section 104(b) that are obligated by the State for congestion relief
activities under subsection (a).
`(f) Joint Responsibility.--Each State, each affected metropolitan
planning organization, and the Secretary shall jointly ensure
compliance with this section.
`(g) Transfers.--
`(1) In general.--A State may transfer a portion of the
amount that the State must obligate for under one congestion
relief activities in a fiscal year under this section to the
amount the State must obligate for under three congestion
relief activities under this section if the State certifies to
the Secretary that there are no under one congestion relief
activities for which such portion can be obligated in such
fiscal year and the Secretary does not disapprove such transfer
within 30 days after the date of such certification.
`(2) Limitation.--The amount that a State may transfer in a
fiscal year under this subsection may not reduce the amount the
State must obligate for under one congestion relief activities
to less than 10 percent of the total amount of the State's
apportionments to be obligated for congestion relief activities
for such fiscal year as calculated under subsection (b).
`(3) Treatment.--Amounts transferred by a State under this
subsection for a fiscal year shall be included in the amount of
the State's apportionments allocated for under three congestion
relief activities for such fiscal year under subsection (c)(2).
`(h) Definitions.--In this section, the following definitions
apply:
`(1) Congestion relief activities.--
`(A) In general.--The term ``congestion relief
activity'' means any activity, project, or program that
has as its primary purpose, as determined by the State
transportation department, the relief of motor vehicle
congestion.
`(B) Inclusions.--Such term includes the following:
`(i) Relief of motor vehicle congestion
through additional capacity, construction of
additional lanes, improvements to interchanges,
improved access to major terminals,
construction of parallel roads, construction of
truck only lanes, and major arterial
improvements.
`(ii) Transportation systemwide operational
improvements targeted at increasing motor
vehicle travel reliability through such means
as incident management programs, traffic
monitoring and surveillance, and traveler
information initiatives.
`(iii) Maximizing efficient use of existing
motor vehicle travel capacity through such
means as reversible lanes, coordinated traffic
signalization, and managed lanes or other lane
management strategies.
`(C) Exclusions.--Such term does not include demand
relief projects and activities that shift demand to
non-peak hours or to other modes of transportation or
that reduce the overall level of demand for roads
through such means as telecommuting, ridesharing,
alternative work hour programs, and value pricing.
`(2) Under one congestion relief activities.--The term
``under one congestion relief activity'' means a congestion
relief activity that--
`(A) will be completed within one year after the
date of commencement of onsite improvements;
`(B) has a total projected cost of less than
$1,000,000; and
`(C) will improve conditions in the applicable
urbanized area or is an element of the congestion
management system of the applicable metropolitan
planning organization.
`(3) Under three congestion relief activities.--The term
``under three congestion relief activities'' means congestion
relief activities that--
`(A) will be completed within 3 years after the
date of commencement of onsite improvements; and
`(B) will improve conditions in the applicable
urbanized area or is an element of the congestion
management system of the applicable metropolitan
planning organization.'.
(b) Conforming Amendment.--The analysis for chapter I of such title
is amended by inserting after the item relating to section 138 the
following:
`139. Motor vehicle congestion relief.'.
(c) Motor Vehicle Defined.--Title 23, United States Code, is
amended--
(1) in section 154(a)(2), relating to the definition of
motor vehicle, by inserting `streets, roads, and' before
`highways';
(2) by redesignating paragraph (2) of section 154(a) as
paragraph (38);
(3) by moving such redesignated paragraph from section
154(a) to the end of section 101(a);
(4) by redesignating paragraphs (3) and (4) of section
154(a) as paragraphs (2) and (3), respectively;
(5) in section 153(i)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively;
(6) in section 164(a)(4) by striking `means' and all that
follows through `rail line or' and inserting `does not
include'; and
(7) in section 405(f)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3), (4), (5), and
(6) as paragraphs (2), (3), (4), and (5).
SEC. 1202. TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.
(a) Definitions.--
(1) Operating costs for traffic monitoring, management, and
control.--Section 101(a)(17) of title 23, United States Code,
is amended by inserting `transportation systems management and
operations and' after `associated with'.
(2) Operational improvement.--Section 101(a)(18)(A)(i) of
such title is amended--
(A) by inserting `transportation systems management
and operations, including' after `for'; and
(B) by inserting `equipment and programs for
transportation response to natural disasters,' after
`incident management programs,'.
(3) Transportation systems management and operations.--
Section 101(a) of such title is further amended by adding at
the end the following:
`(39) Transportation systems management and operations.--
`(A) In general.--The term ``transportation systems
management and operations'' means an integrated program
to optimize the performance of existing infrastructure
through the implementation of multimodal and
intermodal, cross-jurisdictional systems, services, and
projects designed to preserve capacity and improve the
security, safety, and reliability of Federal-aid
highways.
`(B) Included activities and improvements.--The
term includes regional operations collaboration and
coordination activities between transportation and
public safety agencies and improvements such as traffic
detection and surveillance, arterial management,
freeway management, demand management, work zone
management, emergency management, electronic toll
collection, automated enforcement, traffic operations
measures to improve capacity, traffic signal
coordination, optimization of traffic signal timing,
traffic incident management, roadway weather
management, traveler information services, commercial
vehicle operations, traffic control, freight
management, and coordination of highway, rail, transit,
bicycle, and pedestrian operations.'.
(b) Surface Transportation Program Eligibility.--Section 133(b) of
such title is amended--
(1) by redesignating paragraphs (13) and (14) as paragraphs
(12) and (13), respectively; and
(2) by adding at the end the following:
`(14) Regional transportation operations collaboration and
coordination activities that are associated with regional
improvements, including activities for traffic incident
management, technology deployment, emergency management and
response, traveler information, and regional congestion
relief.'.
(c) National Highway System Eligibility.--Section 103(b)(6) of such
title is amended by adding at the end the following:
`(Q) Capital, operating, and systems maintenance
costs for transportation systems management and
operations.'.
(d) Transportation Systems Management and Operations.--Subchapter I
of chapter 1 of such title is further amended by adding at the end the
following:
`Sec. 166. Transportation systems management and operations
`(a) Authority.--The Secretary may--
`(1) encourage transportation system managers, operators,
public safety officials, and transportation planners within an
urbanized area, who are actively engaged in and responsible for
conducting activities relating to day-to-day management,
operations, public safety, and planning of transportation
facilities and services, to collaborate and coordinate on a
regional level in a continuous and sustained manner for
improved transportation systems management and operations,
including, at a minimum--
`(A) developing a regional concept of operations
that defines a regional strategy shared by all
transportation and public safety participants for how
the region's systems should be managed, operated, and
measured;
`(B) sharing of information among operators,
service providers, public safety officials, and the
general public; and
`(C) guiding, in a regionally-coordinated manner,
the implementation of regional transportation system
management and operations initiatives, including
emergency evacuation and response, traffic incident
management, technology deployment, and traveler
information systems delivery, in a manner consistent
with and integrated into the ongoing metropolitan and
statewide transportation planning processes and
regional intelligent transportation system
architecture, if required; and
`(2) encourage States to establish a system of basic real-
time monitoring capability for the surface transportation
system and provide the capability and means to share that data
among agencies (including highway, transit, and public safety
agencies), jurisdictions (including States, cities, counties,
and areas represented by metropolitan planning organizations),
private-sector entities, and the traveling public.
`(b) Execution.--To support the successful execution of
transportation systems management and operations activities, the
Secretary may undertake the following activities:
`(1) Assist and cooperate with other Federal departments
and agencies, State and local governments, metropolitan
planning organizations, private industry representatives, and
other interested parties to improve regional collaboration and
real-time information sharing between transportation system
managers and operators, public safety officials, emergency
managers, and the general public to increase the security,
safety, and reliability of Federal-aid highways.
`(2) Issue, if necessary, new guidance or regulations for
the procurement of transportation system management and
operations facilities, equipment, and services, including
equipment procured in preparation for natural disasters and
emergencies, system hardware, software, and software
integration services.'.
(e) Conforming Amendment.--The analysis for such chapter is further
amended by adding at the end the following:
`166. Transportation systems management and operations.'.
(f) Intelligent Transportation System Procurement Policy.--
(1) Study.--The Secretary shall--
(A) conduct a study of the current policies and
practices for the procurement of intelligent
transportation system facilities, equipment, and
services; and
(B) develop a conceptual plan with alternative
approaches for expediting and streamlining such
procurements at the State level.
(2) Recommendations.--Based on the results of the study,
the Secretary shall make recommendations in the report under
paragraph (4) regarding procurement standards, including
recommendations regarding any changes in Federal and State
statutes, regulations, and policies necessary to ensure that
national interests are served in meeting future intelligent
transportation system needs.
(3) Specific matters to be addressed.--The study under this
subsection shall specifically address the following:
(A) Current condition.--The current practices and
policies relating to procurement of intelligent
transportation system facilities, equipment, and
services, including equipment procured in preparation
for natural disasters and emergencies, system hardware,
software, and software integration services.
(B) Assessment of need for policy reform.--The
ability of current practices and policies to achieve
the successful implementation of intelligent
transportation system goals and the need for national
policy reform to expedite and streamline procurements
necessary to meet such goals.
(C) Alternatives.--The range of legislative,
regulatory, and policy alternatives to address
identified needs and goals, including funding needs.
(D) Recommendations.--Recommendations regarding
procurement standards, including recommendations
regarding any changes in Federal and State statutes,
regulations, and policies necessary for expedited and
streamlined procurements.
(4) Report and recommendations.--Not later than March 31,
2006, the Secretary shall transmit to the appropriate
committees of Congress a final report regarding the results of
the study conducted under this subsection and recommendations
to address the needs identified in such study.
(5) Initiation of rulemaking proceeding.--To the extent any
recommendation made by the Secretary under this subsection may
be implemented by regulation, the Secretary shall initiate a
rulemaking proceeding to address such recommendation not later
than the 90th day following the date of submission of the
report under paragraph (4).
(6) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) $1,000,000 in fiscal year 2005 to carry
out this subsection.
(7) Applicability of title 23.--Funds made available to
carry out 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 under this subsection shall be
100 percent and such funds shall remain available until
expended.
SEC. 1203. REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a real-time
system management information program to provide, in all
States, the capability to monitor, in real-time, the traffic
and travel conditions of the Nation's major highways and to
share that information to improve the security of the surface
transportation system, to address congestion problems, to
support improved response to weather events and surface
transportation incidents, and to facilitate national and
regional highway traveler information.
(2) Purposes.--The purposes of the real-time system
management information program are to--
(A) establish, in all States, a system of basic
real-time information for managing and operating the
surface transportation system;
(B) identify longer range real-time highway and
transit monitoring needs and develop plans and
strategies for meeting such needs; and
(C) provide the capability and means to share that
data with State and local governments and the traveling
public.
(b) National Steering Committee.--
(1) In general.--The Secretary shall establish a national
steering committee to assist in the development of data
exchange formats under subsection (c).
(2) Representatives.--The national steering committee shall
consist of representatives of State transportation departments,
metropolitan planning organizations, local governments,
nonprofit entities, the private sector, and academia.
(3) Purpose.--The purpose of the national steering
committee shall be to provide guidance regarding the content
and uniformity of data exchange formats.
(c) Data Exchange Formats.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall establish data exchange
formats based on recommendations of the steering committee established
under subsection (b) 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.
(d) Regional Intelligent Transportation System Architecture.--
(1) Addressing information needs.--As State and local
governments develop or update regional intelligent
transportation system architectures, described in section 940.9
of title 23, Code of Federal Regulations, such governments
shall explicitly address real-time highway and transit
information needs and the systems needed to meet such needs,
including addressing coverage, monitoring systems, data fusion
and archiving, and methods of exchanging or sharing highway and
transit information.
(2) Data exchange.--States shall incorporate the data
exchange formats established by the Secretary under subsection
(c) to ensure that the data provided by highway and transit
monitoring systems may readily be exchanged with State and
local governments and may be made available to the traveling
public.
(e) Eligibility.--Subject to project approval by the Secretary, a
State may obligate funds apportioned to the State under sections
104(b)(1), 104(b)(2), and 104(b)(3) of title 23, United States Code,
for activities related to the planning and deployment of real-time
monitoring elements that advance the goals and purposes described in
subsection (a).
(f) Limitation on Statutory Construction.--Nothing in this section
shall be construed as altering or otherwise affecting the applicability
of the requirements of chapter 1 of title 23, United States Code
(including requirements relating to the eligibility of a project for
assistance under the program, the location of the project, and the
Federal-share payable on account of the project), to amounts
apportioned to a State for a program under section 104(b) that are
obligated by the State for activities and projects under this section.
(g) Statewide Incident Reporting System Defined.--In this section,
the term `statewide incident reporting system' means a statewide system
for facilitating the real-time electronic reporting of surface
transportation incidents to a central location for use in monitoring
the event, providing accurate traveler information, and responding to
the incident as appropriate.
SEC. 1204. EXPEDITED NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS
DEPLOYMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a comprehensive
program to accelerate the integration, interoperability, and deployment
of intelligent transportation systems in order to improve the
performance of the surface transportation system in metropolitan and
rural areas.
(b) Selection of Model Projects.--Under the program, the Secretary
may make grants, through competitive solicitation, for projects that
will serve as models to improve transportation efficiency, promote
surface transportation safety (including safe freight movement),
increase traffic flow (including the flow of intermodal travel at ports
of entry), reduce emissions of air pollutants, improve traveler
information, enhance alternative transportation modes, build on
existing intelligent transportation system projects, and promote
tourism.
(c) Other Projects, Programs, and Activities.--Under the program,
the Secretary may make grants for projects, programs, and activities in
metropolitan and rural areas that--
(1) contribute to national deployment goals and objectives
outlined in the national intelligent transportation system
program plan;
(2) promote cooperation among agencies, jurisdictions, and
the private sector, as evidenced by signed memoranda of
understanding that clearly define the responsibilities and
relations of all parties to a partnership arrangement,
including institutional relationships and financial agreements
needed to support deployment of intelligent transportation
systems;
(3) encourage private sector involvement and financial
commitment to such deployment to the maximum extent practicable
through innovative financial arrangements, especially public-
private partnerships, including arrangements that generate
revenue to offset public investment costs;
(4) enhance fully integrated intelligent transportation
system deployment;
(5) create technical capacity for effective operations and
maintenance of such systems;
(6) improve safety, mobility, geographic and regional
diversity, and economic development in deployment of such
systems;
(7) advance deployment of the 511 traveler information
program; and
(8) advance deployment of other national systems, including
a statewide incident reporting system, wireless e-911 system,
and road weather information system.
(d) Applicability of Title 23, United States Code.--Funds
authorized to be appropriated under section 1101(a)(16) of this Act
shall be available for obligation to carry out subsection (c)(7) 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 the
Federal share of the cost of projects carried out under subsection
(c)(7) shall be 80 percent and such funds shall remain available until
expended.
SEC. 1205. INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT.
(a) Purpose.--The purpose of this section is to ensure that a
minimum of $2,500,000,000 of the amounts authorized to be appropriated
for the National Highway System, Interstate maintenance, surface
transportation, and congestion mitigation and air quality improvement
programs for fiscal years 2005 through 2009 is utilized to expand
deployment of intelligent transportation systems.
(b) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 149 the following:
`Sec. 150. Deployment of intelligent transportation systems
`(a) In General.--In each of fiscal years 2005 through 2009, each
State shall obligate a portion of the funds apportioned to the State
under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4) for such
fiscal year, calculated under subsection (b), for projects described in
subsection (c) that support deployment of intelligent transportation
systems in the State.
`(b) Calculation of Amount.--The portion of a State's
apportionments to be obligated under subsection (a) for projects
described in subsection (c) in a fiscal year shall be determined by
multiplying $500,000,000 by the ratio that--
`(1) the aggregate of amounts apportioned to the State for
such fiscal year under sections 104(b)(1), 104(b)(2),
104(b)(3), and 104(b)(4); bears to
`(2) the aggregate of amounts apportioned to all States for
such fiscal year under such sections.
`(c) Intelligent Transportation Systems Deployment Projects.--
Projects for which funds must be obligated under this section include
the following:
`(1) Performance.--Establishment and implementation of
operations systems and services that improve performance in the
areas of traffic operations, emergency response to surface
transportation incidents, surface transportation incident
management, weather event response management by State and
local authorities, surface transportation network and facility
management, construction and work zone management, and traffic
flow information.
`(2) Networks.--Conducting activities that support the
creation of networks that link metropolitan and rural surface
transportation systems into an integrated data network, capable
of collecting, sharing, and archiving transportation system
traffic condition and performance information.
`(3) Safety.--Implementation of intelligent transportation
system technologies that improve highway safety through
linkages connecting the vehicle, the infrastructure, and
information to the driver.
`(4) Operation and management.--Provision of services
necessary to ensure the efficient operation and management of
intelligent transportation systems infrastructure, including
costs associated with communications, utilities, rent,
hardware, software, labor, administrative costs, training, and
technical services.
`(5) Interagency support.--Provision of support for
institutional relationships between transportation agencies,
police, emergency medical services, private emergency
operators, freight operators, and shippers.
`(6) Planning.--Conducting cross-jurisdictional planning
and deployment of regional transportation systems operations
and management approaches.
`(d) Obligation of Amounts.--
`(1) In general.--In complying with the requirements of
this section, the amounts obligated by a State for projects
under subsection (c) that support deployment of intelligent
transportation systems in such State under subsection (a) shall
be allocated among the individual programs for which funds are
apportioned under sections 104(b)(1), 104(b)(2), 104(b)(3), and
104(b)(4).
`(2) Limitation on statutory construction.--Nothing in this
subsection shall be construed as requiring a State to obligate
proportional or equal amounts under sections 104(b)(1),
104(b)(2), 104(b)(3), and 104(b)(4) for any congestion relief
activity under this section.
`(e) Limitation on Statutory Construction.--Nothing in this section
shall be construed as altering or otherwise affecting the applicability
of the requirements of this chapter (including requirements relating to
the eligibility of a project for assistance under the program, the
location of the project, and the Federal-share payable on account of
the project) to amounts apportioned to a State for a program under
section 104(b) that are obligated by the State for projects under this
section.
`(f) Joint Responsibility.--Each State, each affected metropolitan
planning organization, and the Secretary shall jointly ensure
compliance with this section.'.
(c) Conforming Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 149 the following:
`150. Deployment of intelligent transportation systems.'.
SEC. 1206. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT SUPPORT DEPLOYMENT
OF INTELLIGENT TRANSPORTATION SYSTEMS.
(a) Categorical Exclusions.--Not later than one year after the date
of enactment of this Act, the Secretary shall initiate a rulemaking
process to establish, to the extent appropriate, categorical exclusions
for activities that support the deployment of intelligent
transportation infrastructure and systems from the requirement that an
environmental assessment or an environmental impact statement be
prepared under section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) (42 U.S.C. 4332) in compliance with the
standards for categorical exclusions established by that Act.
(b) Nationwide Programmatic Agreement.--
(1) Development.--The Secretary shall develop a nationwide
programmatic agreement governing the review of activities that
support the deployment of intelligent transportation
infrastructure and systems in accordance with section 106 of
the National Historic Preservation Act (16 U.S.C. 470f) and the
regulations of the Advisory Council on Historic Preservation.
(2) Consultation.--The Secretary shall develop the
agreement under paragraph (1) in consultation with the National
Conference of State Historic Preservation Officers and the
Advisory Council on Historic Preservation established under
title II of the National Historic Preservation Act (26 U.S.C.
470i et seq.) and after soliciting the views of other
interested parties.
(c) Intelligent Transportation Infrastructure and Systems
Defined.--In this section, the term `intelligent transportation
infrastructure and systems' means intelligent transportation
infrastructure and intelligent transportation systems, as such terms
are defined in section 5607.
SEC. 1207. STATE ASSUMPTION OF RESPONSIBILITIES FOR CERTAIN PROGRAMS
AND PROJECTS.
(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by adding at the end the following:
`Sec. 167. State assumption of responsibilities for certain programs
and projects
`(a) Assumption of Secretary's Responsibilities Under Applicable
Federal Laws.--
`(1) Pilot program.--
`(A) Establishment.--The Secretary may establish a
pilot program under which States may assume the
responsibilities of the Secretary under any Federal
laws subject to the requirements of this section.
`(B) First 3 fiscal years.--In the first 3 fiscal
years following the date of enactment of this section,
the Secretary may allow up to 5 States to participate
in the pilot program.
`(2) Scope of program.--Under the pilot program, the
Secretary may assign, and a State may assume, any of the
Secretary's responsibilities (other than responsibilities
relating to federally recognized Indian tribes) for
environmental reviews, consultation, or decisionmaking or other
actions required under any Federal law as such requirements
apply to the following projects:
`(A) Projects funded under section 104(h).
`(B) Transportation enhancement activities under
section 133, as such term is defined in section
101(a)(35).
`(C) Projects as defined in section 101(a)(39) and
section 5607 of the Transportation Equity Act: A Legacy
for Users.
`(b) Agreements.--
`(1) In general.--The Secretary shall enter into a
memorandum of understanding with a State participating in the
pilot program setting forth the responsibilities to be assigned
under subsection (a)(2) and the terms and conditions under
which the assignment is being made.
`(2) Certification.--Before the Secretary enters into a
memorandum of understanding with a State under paragraph (1),
the State shall certify that the State has in effect laws
(including regulations) applicable to projects carried out and
funded under this title and chapter 53 of title 49 that
authorize the State to carry out the responsibilities being
assumed.
`(3) Maximum duration.--A memorandum of understanding with
a State under this section shall be established for an initial
period of no more than 3 years and may be renewed by mutual
agreement on a periodic basis for periods of not more than 3
years.
`(4) Compliance.--
`(A) In general.--After entering into a memorandum
of understanding under paragraph (1), the Secretary
shall review and determine compliance by the State with
the memorandum of understanding.
`(B) Renewals.--The Secretary shall take into
account the performance of a State under the pilot
program when considering renewal of a memorandum of
understanding with the State under the program.
`(c) Selection of States for Pilot Program.--
`(1) Application.--To be eligible to participate in the
pilot program, a State shall submit to the Secretary an
application that contains such information as the Secretary may
require. At a minimum, an application shall include--
`(A) a description of the projects or classes of
projects for which the State seeks to assume
responsibilities under subsection (a)(2); and
`(B) a certification that the State has the
capability to assume such responsibilities.
`(2) Public notice.--Before entering into a memorandum of
understanding allowing a State to participate in the pilot
program, the Secretary shall--
`(A) publish notice in the Federal Register of the
Secretary's intent to allow the State to participate in
the program, including a copy of the State's
application to the Secretary and the terms of the
proposed agreement with the State; and
`(B) provide an opportunity for public comment.
`(3) Selection criteria.--The Secretary may approve the
application of a State to assume responsibilities under the
program only if--
`(A) the requirements under paragraph (2) have been
met; and
`(B) the Secretary determines that the State has
the capability to assume the responsibilities.
`(4) Other federal agency views.--Before assigning to a
State a responsibility of the Secretary that requires the
Secretary to consult with another Federal agency, the Secretary
shall solicit the views of the Federal agency.
`(d) State Defined.--With respect to the recreational trails
program, the term ``State'' means the State agency designated by the
Governor of the State in accordance with section 206(c)(1).
`(e) Preservation of Public Interest Consideration.--Nothing 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 decisionmaking.'.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
1 of such title is amended by adding at the end the following:
`167. State assumption of responsibilities for certain programs and
projects.'.
SEC. 1208. HOV FACILITIES.
(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by adding at the end the following:
`Sec. 168. HOV facilities
`(a) In General.--
`(1) Authority of state agencies.--A State agency that has
jurisdiction over the operation of a HOV facility shall
establish the occupancy requirements of vehicles operating on
the facility.
`(2) Occupancy requirement.--Except as otherwise provided
by this section, no fewer than 2 occupants per vehicle may be
required for use of a HOV facility.
`(b) Exceptions.--Notwithstanding the occupancy requirements of
subsection (a)(2), the following exceptions shall apply with respect to
a State agency operating a HOV facility:
`(1) Motorcycles and bicycles.--
`(A) In general.--Subject to subparagraph (B), the
State agency shall allow motorcycles and bicycles to
use the HOV facility.
`(B) Safety exception.--A State agency may restrict
use of the HOV facility by motorcycles or bicycles (or
both) if the agency certifies to the Secretary that
such use would create a safety hazard and the Secretary
accepts the certification. The Secretary may accept a
certification under this subparagraph only after the
Secretary publishes notice of the certification in the
Federal Register and provides an opportunity for public
comment.
`(2) Public transportation vehicles.--The State agency may
allow public transportation vehicles to use the HOV facility if
the agency--
`(A) establishes requirements for clearly
identifying the vehicles; and
`(B) establishes procedures for enforcing the
restrictions on the use of the facility by such
vehicles.
`(3) High occupancy toll vehicles.--The State agency may
allow vehicles not otherwise exempt pursuant to this subsection
to use the HOV facility if the operators of such vehicles pay a
toll charged by the agency for use of the facility and the
agency--
`(A) establishes a program that addresses how
motorists can enroll and participate in the toll
program;
`(B) develops, manages, and maintains a system that
will automatically collect the toll; and
`(C) establishes policies and procedures to--
`(i) manage the demand to use the facility
by varying the toll amount that is charged;
`(ii) enforce violations of use of the
facility; and
`(iii) permit low-income individuals to pay
reduced tolls.
`(4) Low emission and energy-efficient vehicles.--
`(A) Inherently low-emission vehicle.--Before
September 30, 2009, the State agency may allow vehicles
that are certified as inherently low-emission vehicles
pursuant to section 88.311-93 of title 40, Code of
Federal Regulations, and are labeled in accordance with
section 88.312-93 of such title, to use the HOV
facility if the agency establishes procedures for
enforcing the restrictions on the use of the facility
by such vehicles.
`(B) Other low emission and energy-efficient
vehicles.--Before September 30, 2009, the State agency
may allow vehicles certified as low emission and
energy-efficient vehicles under subsection (e), and
labeled in accordance with subsection (e), to use the
HOV facility if the operators of such vehicles pay a
toll charged by the agency for use of the facility and
the agency--
`(i) establishes a program that addresses
the selection of vehicles under this paragraph;
and
`(ii) establishes procedures for enforcing
the restrictions on the use of the facility by
such vehicles.
`(C) Amount of tolls.-- Tolls charged under
subparagraph (B) may be less than tolls charged under
paragraph (3).
`(c) Requirements Applicable to Tolls.--
`(1) In general.--Tolls may be charged under subsections
(b)(3) and (b)(4) notwithstanding section 301 and, except as
provided in paragraphs (2) and (3), subject to the requirements
of section 129.
`(2) HOV facilities on the interstate system.--
Notwithstanding section 129, tolls may be charged under
subsections (b)(3) and (b)(4) on a HOV facility on the
Interstate System.
`(3) Excess toll revenues.--If a State agency makes a
certification under the last sentence of section 129(a)(3) with
respect to toll revenues collected under subsections (b)(3) and
(b)(4), the State, in the use of tolls revenues under that
sentence, shall give priority consideration to projects for
developing alternatives to single occupancy vehicle travel and
projects for improving highway safety.
`(d) HOV Facility Management, Operation, Monitoring, and
Enforcement.--
`(1) In general.--A State agency that allows vehicles to
use a HOV facility under subsection (b)(3) or (b)(4) in a
fiscal year shall certify to the Secretary that the agency will
carry out the following responsibilities with respect to the
facility in the fiscal year:
`(A) Establishing, managing, and supporting a
performance monitoring, evaluation, and reporting
program for the facility that provides for continuous
monitoring, assessment, and reporting on the impacts
that such vehicles may have on the operation of the
facility and adjacent highways.
`(B) Establishing, managing, and supporting an
enforcement program that ensures that the facility is
being operated in accordance with the requirements of
this section.
`(C) Limiting or discontinuing the use of the
facility by such vehicles if the presence of such
vehicles has degraded the operation of the facility.
`(2) Degraded facility.--
`(A) In general.--For purposes of paragraph (1),
the operation of a HOV facility shall be considered to
be degraded if vehicles operating on the facility are
failing to maintain a minimum average operating speed
90 percent of the time over a consecutive 6-month
period during morning or evening weekday peak hour
periods (or both).
`(B) Minimum average operating speed defined.--In
subparagraph (A), the term ``minimum average operating
speed'' means--
`(i) 45 miles per hour, in the case of a
HOV facility with a speed limit of 50 miles per
hour or greater; and
`(ii) not more than 10 miles per hour below
the speed limit, in the case of a HOV facility
with a speed limit of less than 50 miles per
hour.
`(e) Certification of Low Emission and Energy-Efficient Vehicles.--
Not later than 6 months after the date of enactment of this section,
the Administrator of the Environmental Protection Agency shall issue a
final rule establishing requirements for certification of vehicles as
low emission and energy-efficient vehicles for purposes of this section
and requirements for the labeling of such vehicles.
`(f) Definitions.--In this section, the following definitions
apply:
`(1) Alternative fuel vehicle.--The term ``alternative fuel
vehicle'' means a vehicle that operates on--
`(A) methanol, denatured ethanol, or other
alcohols;
`(B) a mixture containing at least 85 percent of
methanol, denatured ethanol, and other alcohols by
volume with gasoline or other fuels;
`(C) natural gas;
`(D) liquefied petroleum gas;
`(E) hydrogen;
`(F) coal derived liquid fuels;
`(G) fuels (except alcohol) derived from biological
materials;
`(H) electricity (including electricity from solar
energy); or
`(I) any other fuel that the Secretary prescribes
by regulation that is not substantially petroleum and
that would yield substantial energy security and
environmental benefits.
`(2) HOV facility.--The term ``HOV facility'' means a high
occupancy vehicle facility.
`(3) Low emission and energy efficient vehicle.--The term
``low emission and energy-efficient vehicle'' means a vehicle
that--
`(A) has been certified by the Administrator of the
Environmental Protection Agency as meeting the Tier II
emission level established in regulations prescribed by
the Administrator under section 202(i) of the Clean Air
Act (42 U.S.C. 7521(i)) for that make and model year
vehicle; and
`(B)(i) has been certified by the Administrator to
have a 45-mile-per-gallon or greater fuel economy
highway rating; or
`(ii) is an alternative fuel vehicle.
`(4) Public transportation vehicle.--The term ``public
transportation vehicle'' means a vehicle that provides public
transportation (as defined in section 5302(a) of title 49).
`(5) State agency.--The term ``State agency'', as used with
respect to a HOV facility, means an agency of a State or local
government having jurisdiction over the operation of the
facility and includes a State transportation department.'.
(b) Conforming Amendments.--
(1) Program efficiencies.--Section 102 of title 23, United
States Code, is amended by striking subsection (a) and
redesignating subsections (b) and (c) as subsections (a) and
(b), respectively.
(2) Chapter analysis.--The analysis for subchapter I of
chapter 1 of such title is amended by adding at the end the
following:
`168. HOV facilities.'.
(c) Technical Amendment.--Section 102(c) of title 23, United States
Code, is amended by striking `10 years' and all that follows through
`after' and inserting `10 years (or such longer period as the State
requests and the Secretary determines to be reasonable) after'.
SEC. 1209. CONGESTION PRICING PILOT PROGRAM.
(a) Establishment.--Section 1012(b)(1) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat.
1938) is amended to read as follows:
`(1) Establishment..--
`(A) In general.--The Secretary may enter into
cooperative agreements with State and local governments
to carry out not more than 25 congestion pricing pilot
projects.
`(B) Previously approved projects.--Projects
carried out under paragraph (1) shall include each
project approved under this subsection before the date
of enactment of the Transportation Equity Act: A Legacy
for Users and under which highway tolls are being
collected as of such date of enactment.'.
(b) Low-Income Drivers.-- Section 1012(b)(7) of such Act is amended
to read as follows:
`(7) Reduced tolls for low-income drivers.--Any congestion
pricing pilot project carried out under this subsection that
involves the collection of highway tolls shall include a
program to permit low-income drivers to pay a reduced toll
amount.'.
(c) Set-Aside for Projects not Involving Highway Tolls.--At the end
of section 1012(b)(8) of such Act add the following:
`(D) Set-aside for projects not involving highway
tolls.--Of the amounts made available to carry out this
subsection, $3,000,000 per fiscal year shall be
available only for congestion pricing pilot projects
that do not involve highway tolls.'.
(d) Conforming Amendments.--Section 1012(b) of such Act is
amended--
(1) in the subsection heading by striking `Value Pricing'
and inserting `Congestion Pricing';
(2) in paragraph (2)--
(A) by striking `(2) Notwithstanding' and inserting
the following:
`(2) Federal share; eligible costs.--Notwithstanding';
(B) in the first sentence by striking `programs'
and inserting `projects'; and
(C) in the second sentence by striking `program'
and inserting `project';
(3) in paragraph (3) by striking `(3) Revenues' and
inserting the following:
`(3) Use of revenues.--Revenues';
(4) in paragraph (4)--
(A) by striking `(4) Notwithstanding' and inserting
the following:
`(4) Use of tolls on interstate system.--Notwithstanding';
(B) by striking `value pricing pilot program' and
inserting `congestion pricing pilot project';
(5) in paragraph (5)--
(A) by striking `(5) The Secretary' and inserting
the following:
`(5) Monitoring.--The Secretary'; and
(B) by striking `programs' the first and second
place it appears and inserting `projects'; and
(6) in paragraph (6) by striking `value pricing pilot
program' and inserting `congestion pricing pilot project'.
SEC. 1210. 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,'.
SEC. 1211. SPECIAL RULES FOR STATE ASSUMPTION OF RESPONSIBILITIES.
(a) Limitations.--Section 167(a) of title 23, United States Code,
as added by section 1207(a) of this Act, is amended by adding at the
end the following:
`(3) Limitations.--
`(A) Procedural and substantive requirements.--A
State that assumes the responsibilities of the
Secretary under this section shall be subject to the
same procedural and substantive requirements as would
apply if the responsibilities were carried out by the
Secretary. When a State assumes responsibilities for
carrying out a Federal law under this section, the
State assents to Federal jurisdiction and shall be
solely responsible and solely liable for complying with
and carrying out that law instead of the Secretary.
`(B) Assumption of responsibilities.--Any
responsibility of the Secretary not assumed by the
State in a memorandum of understanding shall remain a
responsibility of the Secretary.
`(C) Powers of other agencies.--Nothing in this
section preempts or limits any power, jurisdiction,
responsibility, or authority of an agency, other than
the Department of Transportation, with respect to a
project.'.
(b) Acceptance of Federal Courts Jurisdiction; Termination of
Agreements.--Section 167(b) of title 23, United States Code, as added
by section 1207(a) of this Act, is amended by adding at the end the
following:
`(5) Acceptance of federal courts jurisdiction.--A
memorandum of understanding with a State under this section
shall include a provision under which the State consents to
accept the jurisdiction of the Federal courts for the
compliance, discharge, and enforcement of any responsibility of
the Secretary that the State may assume under the memorandum.
`(6) Termination of agreements.--A memorandum of
understanding with a State under this section shall include a
provision authorizing the Secretary to terminate the agreement
if the Secretary, after providing an opportunity for a hearing,
issues a finding that the State is not in compliance with the
terms of the agreement.'.
(c) State Subject to Federal Laws.--Section 167 of title 23, United
States Code, as added by section 1207(a) of this Act, is further
amended by adding at the end the following:
`(f) State Subject to Federal Laws.--For purposes of assuming
responsibilities of the Secretary under this section, a State agency
entering into a memorandum of understanding under subsection (b) 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 of 1969 (42 U.S.C. 4321 et seq.), this title, and any other
provision of Federal law.'.
Subtitle C--Mobility and Efficiency
SEC. 1301. NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM.
(a) In General.--The Secretary shall establish and implement a
program to make allocations to States for highway construction projects
in corridors of national significance to promote economic growth and
international or interregional trade pursuant to the selection factors
provided in this section. A State must submit an application to the
Secretary in order to receive an allocation under this section.
(b) Selection Process.--
(1) Priority.--In the selection process under this section,
the Secretary shall give priority to projects in corridors that
are a part of, or will be designated as part of, the Dwight D.
Eisenhower National System of Interstate and Defense Highways
after completion of the work described in the application
received by the Secretary and to any project that will be
completed within 5 years of the date of the allocation of funds
for the project.
(2) Selection factors.--In making allocations under this
section, the Secretary shall consider the following factors:
(A) The extent to which the corridor provides a
link between 2 existing segments of the Interstate
System.
(B) The extent to which the project will facilitate
major multistate or regional mobility and economic
growth and development in areas underserved by existing
highway infrastructure.
(C) The extent to which commercial vehicle traffic
in the corridor--
(i) has increased since the date of
enactment of the North American Free Trade
Agreement Implementation Act (16 U.S.C. 4401 et
seq.); and
(ii) is projected to increase in the
future.
(D) The extent to which international truck-borne
commodities move through the corridor.
(E) The extent to which the project will make
improvements to an existing segment of the Interstate
System that will result in a decrease in congestion.
(F) The reduction in commercial and other travel
time through a major freight corridor expected as a
result of the project.
(G) The value of the cargo carried by commercial
vehicle traffic in the corridor and the economic costs
arising from congestion in the corridor.
(H) The extent of leveraging of Federal funds
provided to carry out this section, including--
(i) use of innovative financing;
(ii) combination with funding provided
under other sections of this Act and title 23,
United States Code; and
(iii) combination with other sources of
Federal, State, local, or private funding.
(c) Period of Availability.--Funds allocated for a project to a
State under this section shall remain available for obligation in that
State until 6 months from the day on which they are allocated. Sums not
obligated within 6 months of the day on which they are allocated shall
be available to the Secretary to be allocated for other projects
eligible under this section.
(d) Federal Share.--The Federal share of the cost of a project
under this section shall be determined in accordance with section
120(b) of title 23, United States Code.
(e) Applicability of Title 23.--Except as provided in subsections
(c) and (d), funds made available by 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.
(f) State Defined.--In this section, the term `State' has the
meaning such term has under section 101 of title 23, United States
Code.
SEC. 1302. COORDINATED BORDER INFRASTRUCTURE PROGRAM.
(a) General Authority.--The Secretary shall implement a coordinated
border infrastructure program under which the Secretary shall
distribute funds to border States to improve the safe movement of motor
vehicles at or across the border between the United States and Canada
and the border between the United States and Mexico.
(b) Eligible Uses.--A State may use funds apportioned under this
section only for--
(1) improvements in a border region to existing
transportation and supporting infrastructure that facilitate
cross-border motor vehicle and cargo movements;
(2) construction of highways and related safety and safety
enforcement facilities in a border region that facilitate motor
vehicle and cargo movements related to international trade;
(3) operational improvements in a border region, including
improvements relating to electronic data interchange and use of
telecommunications, to expedite cross border motor vehicle and
cargo movement;
(4) modifications to regulatory procedures to expedite safe
and efficient cross border motor vehicle and cargo movements;
and
(5) international coordination of transportation planning,
programming, and border operation with Canada and Mexico
relating to expediting cross border motor vehicle and cargo
movements.
(c) Apportionment of Funds.--On October 1 of each fiscal year, the
Secretary shall apportion among border States sums authorized to be
appropriated to carry out this section for such fiscal year as follows:
(1) 20 percent in the ratio that--
(A) the total number of incoming commercial trucks
that pass through the land border ports of entry within
the boundaries of a border State, as determined by the
Secretary; bears to
(B) the total number of incoming commercial trucks
that pass through such ports of entry within the
boundaries of all the border States, as determined by
the Secretary.
(2) 30 percent in the ratio that--
(A) the total number of incoming personal motor
vehicles and incoming buses that pass through land
border ports of entry within the boundaries of a border
State, as determined by the Secretary; bears to
(B) the total number of incoming personal motor
vehicles and incoming buses that pass through such
ports of entry within the boundaries of all the border
States, as determined by the Secretary.
(3) 25 percent in the ratio that--
(A) the total weight of incoming cargo by
commercial trucks that pass through land border ports
of entry within the boundaries of a border State, as
determined by the Secretary; bears to
(B) the total weight of incoming cargo by
commercial trucks that pass through such ports of entry
within the boundaries of all the border States, as
determined by the Secretary.
(4) 25 percent of the ratio that--
(A) the total number of land border ports of entry
within the boundaries of a border State, as determined
by the Secretary; bears to
(B) the total number of land border ports of entry
within the boundaries of all the border States, as
determined by the Secretary.
(d) Applicability of Title 23.--Funds made available 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 not be transferable and shall remain
available until expended and the Federal share of the cost of a project
under this section shall be 80 percent.
(e) Definitions.--In this section, the following definitions apply:
(1) Border region.--The term `border region' means any
portion of a border State within 20 miles of an international
land border with Canada or Mexico.
(2) Border state.--The term `border State' means any State
that has an international land border with Canada or Mexico.
(3) Commercial truck.--The term `commercial truck' means a
commercial motor vehicle as defined in section 31301(4) (other
than subparagraph (B)) of title 49, United States Code.
(4) Motor vehicle.--The term `motor vehicle' has the
meaning such term has under section 101(a) of title 23, United
States Code.
(5) State.--The term `State' has the meaning such term has
in section 101(a) of such title 23.
SEC. 1303. FREIGHT INTERMODAL CONNECTORS.
(a) In General.--
(1) Establishment.--The Secretary shall establish a freight
intermodal connector program to improve productivity and
improve the efficiency of the transportation of freight, while
mitigating congestion in the area of freight intermodal
connectors.
(2) Purposes.--The purposes of the program shall be--
(A) to facilitate and support intermodal freight
transportation initiatives at the State and local
levels in order to improve freight intermodal
connectors and mitigate the impact of congestion in the
area of such connectors; and
(B) to provide capital funding to address
infrastructure and freight operational needs at freight
intermodal connectors.
(b) State Responsibilities.--Under the program, each State shall
ensure that intermodal freight transportation and trade facilitation
and are adequately addressed integrated into the project development
process, including transportation planning, through final design and
construction of freight related transportation projects.
(c) Eligible Projects.--
(1) In general.--Projects eligible for funding under this
section may include the construction of and improvements to
publicly owned freight intermodal connectors, the provision of
access to such connectors, and operational improvements for
such connectors (including capital investment for intelligent
transportation systems); except that a project located within
the boundaries of an intermodal freight facility shall only
include highway infrastructure modifications necessary to
facilitate direct intermodal access between the connector and
the facility.
(2) Special rule.--If a State that does not have any
freight intermodal connectors within its boundaries or has only
freight intermodal connectors within its boundaries that are in
good condition and provide an adequate level of service,
projects within the boundaries of the State that are eligible
for assistance under section 103(b)(6) of title 23, United
States Code, relating to the National Highway System, shall be
eligible for funding under this section.
(d) Priority.--Under the program, a State shall give priority to
projects on freight intermodal connectors to the National Highway
System as identified according to the criteria set forth in the report
of the Department of Transportation to Congress entitled `Pulling
Together: The NHS and its Connections to Major Intermodal Terminals'.
(e) Apportionment.--On October 1 of each fiscal year, the Secretary
shall apportion among the States sums made available to carry out this
section for such fiscal year as follows:
(1) 33.3 percent in the ratio that--
(A) the number of freight intermodal connectors
identified in the most recent Intermodal Freight
Connectors study of the Federal Highway Administration
within the boundaries of a State; bears to
(B) the total number of such connectors within the
boundaries of all the States.
(2) 33.3 percent in the ratio that--
(A) the total of each State's annual contributions
to the Highway Trust Fund (other than the Mass Transit
Account) attributable to commercial motor vehicles;
bears to
(B) the total of such annual contributions by all
States.
(3) 33.4 percent in the same ratios as funds are
apportioned for the National Highway System under clauses (i),
(ii), (iii), and (iv) of section 104(b)(1)(A) of title 23,
United States Code.
(f) Applicability of Title 23.--Funds made available 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 not be transferable and shall remain
available until expended and the Federal share of the cost of a project
under this section shall be 80 percent.
(g) Update Report.--Not later than August 1, 2005, the Secretary
shall publish an update to the report entitled `Pulling Together: the
National Highway System and its Connections to Major Intermodal
Terminals'.
(h) Definitions.--In this section, the following definitions apply:
(1) Freight intermodal connectors.--The term `freight
intermodal connector' means the roadway that connects to an
intermodal freight facility that carries or will carry
intermodal traffic.
(2) Intermodal freight facility.--The term `intermodal
freight facility' means a port, airport, truck-rail terminal,
and pipeline-truck terminal.
(3) State.--The term `State' has the meaning such term has
in section 101(a) of title 23, United States Code.
SEC. 1304. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.
(a) Findings.--Congress finds the following:
(1) Under current law, surface transportation programs rely
primarily on formula capital apportionments to States.
(2) Despite the significant increase for surface
transportation program funding in the Transportation Equity Act
of the 21st Century, current levels of investment are
insufficient to fund critical high-cost transportation
infrastructure facilities that address critical national
economic and transportation needs.
(3) Critical high-cost transportation infrastructure
facilities often include multiple levels of government,
agencies, modes of transportation, and transportation goals and
planning processes that are not easily addressed or funded
within existing surface transportation program categories.
(4) Projects of national and regional significance have
national and regional benefits, including improving economic
productivity by facilitating international trade, relieving
congestion, and improving transportation safety by facilitating
passenger and freight movement.
(5) The benefits of such projects described in paragraph
(4) accrue to local areas, States, and the Nation as a result
of the effect such projects have on the national transportation
system.
(6) A program dedicated to constructing projects of
national and regional significance is necessary to improve the
safe, secure, and efficient movement of people and goods
throughout the United States and improve the health and welfare
of the national economy.
(b) Establishment of Program.--The Secretary shall establish a
program to provide grants to qualified entities for projects of
national and regional significance.
(c) Definitions.--
(1) Eligible project costs.--The term `eligible project
costs' means the costs of--
(A) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, preliminary engineering and
design work, and other preconstruction activities; and
(B) construction, reconstruction, rehabilitation,
and acquisition of real property (including land
related to the project and improvements to land),
environmental mitigation, construction contingencies,
acquisition of equipment, and operational improvements.
(2) Eligible project.--The term `eligible project' means
any surface transportation project eligible for Federal
assistance under title 23, United States Code, including
freight railroad projects and activities eligible under such
title.
(3) Qualified entity.--The term `qualified entity' means a
State as defined in section 101(a) of title 23, United States
Code.
(d) Eligibility.--To be eligible for assistance under this section,
a project shall have eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
(1) $500,000,000; or
(2) 75 percent of the amount of Federal highway assistance
funds apportioned for the most recently completed fiscal year
to the State in which the project is located.
(e) Applications.--Each qualified entity seeking to receive a grant
under this section for an eligible project shall submit to the
Secretary an application in such form and in accordance with such
requirements as the Secretary shall establish.
(f) Competitive Grant Selection and Criteria for Grants.--
(1) In general.--The Secretary shall--
(A) establish criteria for selecting among projects
that meet the eligibility criteria specified in
subsection (d);
(B) conduct a national solicitation for
applications; and
(C) award grants on a competitive basis.
(2) Criteria for grants.--The Secretary may approve a grant
under this section for a project only if the Secretary
determines that the project--
(A) is based on the results of preliminary
engineering;
(B) is justified based on the project's ability--
(i) to generate national economic benefits,
including creating jobs, expanding business
opportunities, and impacting the gross domestic
product;
(ii) to reduce congestion, including
impacts in the State, region, and Nation;
(iii) to improve transportation safety,
including reducing transportation accidents,
injuries, and fatalities;
(iv) to otherwise enhance the national
transportation system; and
(v) to garner support for non-Federal
financial commitments and provide evidence of
stable and dependable financing sources to
construct, maintain, and operate the
infrastructure facility; and
(C) is supported by an acceptable degree of non-
Federal financial commitments, including evidence of
stable and dependable financing sources to construct,
maintain, and operate the infrastructure facility.
(3) Selection considerations.--In selecting a project under
this section, the Secretary shall consider the extent to which
the project--
(A) leverages Federal investment by encouraging
non-Federal contributions to the project, including
contributions from public-private partnerships;
(B) uses new technologies, including intelligent
transportation systems, that enhance the efficiency of
the project.
(C) helps maintain or protect the environment.
(4) Preliminary engineering.--In evaluating a project under
paragraph (2)(A), the Secretary shall analyze and consider the
results of preliminary engineering for the project.
(5) Non-federal financial commitment.--
(A) Evaluation of project.--In evaluating a project
under paragraph (2)(C), the Secretary shall require
that--
(i) the proposed project plan provides for
the availability of contingency amounts that
the Secretary determines to be reasonable to
cover unanticipated cost increases; and
(ii) each proposed non-Federal source of
capital and operating financing is stable,
reliable, and available within the proposed
project timetable.
(B) Considerations.--In assessing the stability,
reliability, and availability of proposed sources of
non-Federal financing under subparagraph (A), the
Secretary shall consider--
(i) existing financial commitments;
(ii) the degree to which financing sources
are dedicated to the purposes proposed;
(iii) any debt obligation that exists or is
proposed by the recipient for the proposed
project; and
(iv) the extent to which the project has a
non-Federal financial commitment that exceeds
the required non-Federal share of the cost of
the project.
(6) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall issue regulations on
the manner in which the Secretary will evaluate and rate the
projects based on the results of preliminary engineering,
project justification, and the degree of non-Federal financial
commitment, as required under this subsection.
(7) Project evaluation and rating.--A proposed project may
advance from preliminary engineering to final design and
construction only if the Secretary finds that the project meets
the requirements of this subsection and there is a reasonable
likelihood that the project will continue to meet such
requirements. In making such findings, the Secretary shall
evaluate and rate the project as `highly recommended',
`recommended', or `not recommended' based on the results of
preliminary engineering, the project justification criteria,
and the degree of non-Federal financial commitment, as required
under this subsection. In rating the projects, the Secretary
shall provide, in addition to the overall project rating,
individual ratings for each of the criteria established under
the regulations issued under paragraph (6).
(g) Letters of Intent and Full Funding Grant Agreements.--
(1) Letter of intent.--
(A) In general.--The Secretary may issue a letter
of intent to an applicant announcing an intention to
obligate, for a project under this section, an amount
from future available budget authority specified in law
that is not more than the amount stipulated as the
financial participation of the Secretary in the
project.
(B) Notification.--At least 60 days before issuing
a letter under subparagraph (A) 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 Environment and Public Works of the Senate
of the proposed letter or agreement. The Secretary
shall include with the notification a copy of the
proposed letter or agreement as well as the evaluations
and ratings for the project.
(C) Not an obligation.--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, United States
Code, or an administrative commitment.
(D) Obligation or commitment.--An obligation or
administrative commitment may be made only when
contract authority is allocated to a project.
(2) Full funding grant agreement.--
(A) In general.--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 subsection (f)(7).
(B) Terms.--If the Secretary makes a full funding
grant agreement with an applicant, the agreement
shall--
(i) establish the terms of participation by
the United States Government in a project under
this section;
(ii) establish the maximum amount of
Government financial assistance for the
project;
(iii) cover the period of time for
completing the project, including a period
extending beyond the period of an
authorization; and
(iv) make timely and efficient management
of the project easier according to the laws of
the United States.
(C) Agreement.--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.
(3) Amounts.--The total estimated amount of future
obligations of the Government and contingent commitments to
incur obligations covered by all outstanding letters of intent
and full funding grant agreements may be not more than the
greater of the amount authorized to carry out this section or
an amount equivalent to the last 2 fiscal years of funding
authorized to carry out this section 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 may be not more than a limitation
specified in law.
(h) Grant Requirements.--
(1) In general.--A grant for a project under this section
shall be subject to all of the requirements of title 23, United
States Code, and chapter 52 of title 49, United States Code.
(2) Other terms and conditions.--The Secretary shall
require that all grants under this section be subject to all
terms, conditions, and requirements that the Secretary decides
are necessary or appropriate for 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.
(i) Government's Share of Project Cost.--Based on engineering
studies, studies of economic feasibility, and information on the
expected use of equipment or facilities, the Secretary shall estimate
the cost of a project receiving assistance under this section. A grant
for the project is for 80 percent of the project cost, unless the grant
recipient requests a lower grant percentage. 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.
(j) Fiscal Capacity Considerations.--If the Secretary gives
priority consideration to financing projects that include more than the
non-Government share required under subsection (i) the Secretary shall
give equal consideration to differences in the fiscal capacity of State
and local governments.
(k) Reports.--
(1) Annual report.--Not later than the first Monday in
February of each year, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that includes a proposal on the
allocation of amounts to be made available to finance grants
under this section.
(2) Recommendations on funding.--The annual report under
this paragraph shall include evaluations and ratings, as
required under subsection (f). The report shall also include
recommendations of projects for funding based on the
evaluations and ratings and on existing commitments and
anticipated funding levels for the next 3 fiscal years and for
the next 10 fiscal years based on information currently
available to the Secretary.
(l) Applicability of Title 23.--Funds made available 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 not be transferable and shall remain
available until expended and the Federal share of the cost of a project
under this section shall be as provided in this section.
SEC. 1305. DEDICATED TRUCK LANES.
(a) In General.--The Secretary shall establish and implement a
pilot program to make allocations to States for the construction of
projects that separate commercial truck traffic from other motor
vehicle traffic. A State must submit an application to the Secretary in
order to receive an allocation under this section.
(b) Selection Process.--
(1) Priority.--In the selection process under this section,
the Secretary shall give priority to projects that provide
additional capacity.
(2) Selection factors.--In making allocations under this
section, the Secretary shall consider the following factors:
(A) The extent to which the project will improve
the safe and efficient movement of freight.
(B) The extent to which the project provides
positive separation of commercial trucks from other
motor vehicle traffic.
(C) The extent to which the project connects an
intermodal freight facility or an international port of
entry to the Dwight D. Eisenhower National System of
Interstate and Defense Highways by providing limited
access lanes that allow commercial truck traffic to
enter the Interstate System at the posted speed limit.
(D) The extent to which the project will remove
truck traffic from surface streets.
(E) The extent to which travel time is expected to
be reduced as a result of the proposed project.
(F) The extent of leveraging of Federal funds
provided to carry out this section, including--
(i) use of innovative financing;
(ii) combination with funding provided
under other sections of this Act and title 23,
United States Code; and
(iii) combination with other sources of
Federal, State, local, or private funding.
(c) Federal Share.--The Federal share of the cost of a project
under this section shall be determined in accordance with section
120(b) of title 23, United States Code.
(d) Applicability of Title 23.--Except as provided in subsection
(d), funds made available by section 1101(a)(22) 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.
(e) Definitions.--In this section the following definitions apply:
(1) Commercial truck.--The term `commercial truck' means a
self-propelled or towed vehicle used on highways in commerce
principally to transport cargo if the vehicle has a gross
vehicle weight rating or gross vehicle weight of at least
10,001 pounds, whichever is greater.
(2) State.--The term `State' has the meaning such term has
under section 101 of title 23, United States Code.
SEC. 1306. TRUCK PARKING FACILITIES.
(a) Establishment.--In cooperation with appropriate State,
regional, and local governments, the Secretary shall establish a pilot
program to address the shortage of long-term parking for commercial
motor vehicles on the National Highway System.
(b) Allocation of Funds.--
(1) In general.--The Secretary shall allocate funds made
available to carry out this section among States, metropolitan
planning organizations, and local governments.
(2) Applications.--To be eligible for an allocation under
this section, a State, metropolitan planning organization, or
local government shall submit to the Secretary an application
at such time and containing such information as the Secretary
may require.
(3) Eligible projects.--Funds allocated under this
subsection shall be used by the recipient for projects
described in an application approved by the Secretary. Such
projects shall serve the National Highway System and may
include the following:
(A) Constructing safety rest areas, as defined in
section 120(c) of title 23, United States Code, that
include parking for commercial motor vehicles.
(B) Constructing commercial motor vehicle parking
facilities adjacent to commercial truck stops and
travel plazas.
(C) Opening existing facilities to commercial motor
vehicle parking, including inspection and weigh
stations and park-and-ride facilities.
(D) Promoting the availability of publicly or
privately provided commercial motor vehicle parking on
the National Highway System using intelligent
transportation systems and other means.
(E) Constructing turnouts along the National
Highway System for commercial motor vehicles.
(F) Making capital improvements to public
commercial motor vehicle parking facilities currently
closed on a seasonal basis to allow the facilities to
remain open year-round.
(G) Improving the geometric design of interchanges
on the National Highway System to improve access to
commercial motor vehicle parking facilities.
(4) Priority.--In allocating funds made available to carry
out this section, the Secretary shall give priority to
applicants that--
(A) demonstrate a severe shortage of commercial
motor vehicle parking capacity in the corridor to be
addressed;
(B) have consulted with affected State and local
governments, community groups, private providers of
commercial motor vehicle parking, and motorist and
trucking organizations; and
(C) demonstrate that their proposed projects are
likely to have positive effects on highway safety,
traffic congestion, or air quality.
(c) 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 $5,000,000 for each of
fiscal years 2005 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 chapter 1 of title 23,
United States Code.
(d) Report to Congress.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall transmit to Congress a
report on the results of the pilot program.
(e) Federal Share.--The Federal share of the cost of a project
carried out using amounts made available under this section shall be
determined in accordance with sections 120(b) and 120(c) of title 23,
United States Code.
(f) Applicability of Title 23.--Notwithstanding any other provision
of law, projects funded under this section shall be treated as projects
on a Federal-aid system under chapter 1 of title 23, United States
Code.
Subtitle D--Highway Safety
SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) Safety Improvement Project Defined.--Section 101(a)(30) of
title 23, United States Code, is amended by inserting `installs
fluorescent, yellow-green signs at pedestrian or bicycle crossings or
school zones,' after `call boxes,'.
(b) Operation Lifesaver.--Section 104(d)(1) of such title is
amended--
(1) by striking `subsection (b)(3) of this section' and
inserting `section 130(f)'; and
(2) by striking `$500,000' and inserting `$600,000'.
(c) Railway-Highway Crossing Hazard Elimination in High Speed Rail
Corridors.--
(1) In general.--Section 104(d)(2) of such title is
amended--
(A) in subparagraph (A) by striking `$5,250,000'
and inserting `$7,500,000 for each of fiscal years 2004
and 2005, $10,000,000 for each of fiscal years 2006 and
2007, and $15,000,000 for each of fiscal years 2008 and
2009'; and
(B) in subparagraph (E)--
(i) by striking `Not less than $250,000 of
such set-aside' and inserting `Of such set-
aside, not less than $875,000 for each of
fiscal years 2004 and 2005, $1,500,000 for each
of fiscal years 2006 and 2007, and $2,750,000
for each of fiscal years 2008 and 2009'; and
(ii) by striking `per fiscal year'.
(2) Designation of corridors.--Of the rail corridors
selected by the Secretary in accordance with section 104(d)(2)
of title 23, United States Code--
(A) the Northern New England High Speed Rail
Corridor is expanded to include the train routes from
Boston, Massachusetts, to Albany, New York, and from
Springfield, Massachusetts, to New Haven, Connecticut;
and
(B) the South Central Corridor is expanded to
include the train route from Killeen, Texas, to
Houston, Texas, via Bryan-College Station.
(d) Railway-Highway Crossings.--
(1) Funds for protective devices.--Section 130(e) of such
title is amended--
(A) by striking `At' and inserting the following:
`(1) In general.--At'; and
(B) by adding at the end the following:
`(2) Special rule.--If a State demonstrates to the
satisfaction of the Secretary that the State has met all its
needs for installation of protective devices at railway-highway
crossings, the State may use funds made available by this
subsection for other purposes by this section.'.
(2) Apportionment.--Section 130(f) of such title is amended
to read as follows:
`(f) Apportionment.--
`(1) Formula.--Fifty percent of the funds authorized to be
appropriated to carry out this section shall be apportioned to
the States in accordance with the formula set forth in section
104(b)(3)(A), and 50 percent of such funds shall be apportioned
to the States in the ratio that total public railway-highway
crossings in each State bears to the total of such crossings in
all States.
`(2) Minimum apportionment.--Notwithstanding paragraph (1),
each State shall receive a minimum of \1/2\ of 1 percent of the
funds apportioned under paragraph (1).
`(3) Federal share.--The Federal share payable on account
of any project financed with funds authorized to be
appropriated to carry out this section shall be 90 percent of
the cost thereof.'.
(3) Biennial report to congress.--The third sentence of
section 130(g) of such title is amended by striking `not later
than April 1 of each year,' and inserting `, not later than
April 1, 2006, and every 2 years thereafter,'.
(4) Expenditure of funds.--Section 130 of such title is
further amended by adding at the end the following:
`(k) Expenditure of Funds.--Not more than 2 percent of funds
apportioned to a State to carry out this section may be used by the
State for compilation and analysis of data in support of activities
carried out under subsection (g).'.
(e) Surface Transportation Program.--
(1) In general.--Section 133(d) of such title is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively; and
(C) in paragraph (2) (as so redesignated)--
(i) in subparagraph (A) by striking `80
percent' and inserting `90 percent';
(ii) in subparagraph (B) by striking `tobe'
and inserting `to be'; and
(iii) in subparagraph (D) by adding a
period at the end.
(2) Conforming amendments.--
(A) Section 133.--Section 133(e) is amended by
striking `(d)(2)' and inserting `(d)(1)' in each of
paragraphs (3)(B)(i), (5)(A), and (5)(B).
(B) Section 126.--Section 126(b) of such title is
amended--
(i) by striking `to the last sentence of
section 133(d)(1) or';
(ii) by striking `section 133(d)(3)' and
inserting `section 133(d)(2)'; and
(iii) by striking `or 133(d)(2)'.
(f) Hazard Elimination Program.--
(1) Purposes.--Section 152(a)(1) of such title is amended--
(A) by striking `and' after `bicyclists,'; and
(B) by inserting after `pedestrians,' the
following: `and the disabled, identify roadway safety
improvement needs for such locations, sections, and
elements,'.
(2) Hazards.--Section 152(a)(2)(A) of such title is amended
by inserting `the disabled,' after `pedestrians,'.
(3) Approval of projects.--Section 152(b) of such title is
amended by inserting before the period at the end the
following: `that reduces the likelihood of crashes involving
road departures, intersections, pedestrians, the disabled,
bicyclists, older drivers, or construction work zones'.
(4) Expenditure of funds.--Section 152(c) of such title is
amended--
(A) in paragraph (2) by striking `or' at the end;
(B) in paragraph (3) by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
`(4) police assistance for traffic and speed management in
construction work zones;
`(5) installation of barriers between construction work
zones and traffic lanes for the safety of motorists and
workers; and
`(6) compilation and analysis of data under subsections (f)
and (g) if the funds used for this purpose by a State do not
exceed 2 percent of the amount apportioned to such State to
carry out this section.'.
(5) Apportionment.--Section 152(d) of such title is amended
to read as follows:
`(d) Apportionment.--
`(1) Formula.--Funds authorized to be appropriated to carry
out this section shall be apportioned to the States in
accordance with the formula set forth in section 104(b)(3)(A).
`(2) Minimum apportionment.--Notwithstanding paragraph (1),
each State shall receive a minimum of \1/2\ of 1 percent of the
funds apportioned under paragraph (1).
`(3) Federal share.--The Federal share payable on account
of any project financed with funds authorized to be
appropriated to carry out this section shall be 90 percent of
the cost thereof.'.
(6) Biennial report to congress.--
(A) In general.--Section 152 of such title is
amended by adding at the end the following:
`(i) Biennial Report to Congress.--Not later than 2 years after the
date of enactment of this subsection, and every 2 years thereafter, the
Secretary shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report on the results of
the program under this section. The report shall include, at a minimum,
the following:
`(1) A summary of State projects completed under this
section categorized by the types of hazards and a statement of
the cost of such projects.
`(2) An analysis of the effectiveness of such categories of
projects in reducing the number and severity of crashes at high
hazard locations.
`(3) An assessment of the adequacy of authorized funding
for the program and State use of such funding to address the
national need for such projects.
`(4) Recommendations for funding and program improvements
to reduce the number of high hazard locations.
`(5) An analysis and evaluation of each State program, an
identification of any State found not to be in compliance with
the schedule of improvements required by subsection (a), and
recommendations for future implementation of the hazard
elimination program.'.
(B) Conforming amendment.--Section 152(g) of such
title is amended by striking the third sentence through
the last sentence.
(g) Technical Amendment.--Section 133(b) of such title is amended
by redesignating paragraphs (13) and (14) as paragraphs (12) and (13),
respectively.
(h) Effective Date.--The amendments made by subsections (b)(1),
(d), (e), and (f) shall take effect on September 30, 2005.
SEC. 1402. 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 issue regulations to decrease the likelihood of worker
injury and maintain the free flow of vehicular traffic by requiring
workers whose duties place them 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 garments. Such regulations may also require
such other worker-safety measures for workers with those duties as the
Secretary determines appropriate.
SEC. 1403. HIGH RISK RURAL ROAD SAFETY IMPROVEMENT PROGRAM.
(a) Establishment.--The Secretary shall establish and implement a
high risk rural road safety improvement program in accordance with this
section.
(b) Eligible Projects.--
(1) In general.--Except as provided in paragraph (2), a
State may obligate funds apportioned to it under this section
only for construction and operational improvement projects on
high risk rural roads and only if the primary purpose of the
project is to improve highway safety on a high risk rural road.
(2) Special rule.--A State may use funds apportioned to it
under this section for any project approved by the Secretary
under section 152 of title 23, United States Code, if the State
certifies to the Secretary that it has no projects described in
paragraph (1).
(c) State Allocation System.--Each State shall establish a system
for allocating funds apportioned to it under this section among
projects eligible for assistance under this section that have the
highest benefits to highway safety. Such system may include a safety
management system established by the State under section 303 of title
23, United States Code, or a survey established pursuant to section
152(a) of such title.
(d) Apportionment of Funds.--On October 1 of each fiscal year, the
Secretary shall apportion among States sums authorized to be
appropriated to carry out this section for such fiscal year as follows:
(1) \1/3\ in the ratio that--
(A) each State's public road lane mileage for rural
minor collectors and rural local roads; bears to
(B) the total public road lane mileage for rural
minor collectors and rural local roads of all States.
(2) \1/3\ in the ratio that--
(A) the population of areas other than urbanized
areas in each State, as shown by the most recent
Government decennial census of population; bears to
(B) the population of all areas other than
urbanized areas in the United States, as shown by that
census.
(3) \1/3\ in the ratio that--
(A) the total vehicle miles traveled on public
roads in each State; bears to
(B) the total number of vehicle miles traveled on
public roads in all States.
(e) Applicability of Title 23.--Funds made available 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 not be transferable and shall remain
available until expended and the Federal share of the cost of a project
under this section shall be 80 percent. Notwithstanding any other
provision of law, projects assisted under this section shall be treated
as projects on a Federal-aid system under such chapter.
(f) Definitions.--In this section, the following definitions apply:
(1) High risk rural road.--The term `high risk rural road'
means any roadway functionally classified as a rural major or
minor collector or a rural local road--
(A) on which the accident rate for fatalities and
incapacitating injuries exceeds the statewide average
for these functional classes of roadway; or
(B) which will likely have increases in traffic
volume that are likely to create an accident rate for
fatalities and incapacitating injuries that exceeds the
statewide average for these functional classes of
roadway.
(2) State and urbanized area.--The terms `State' and
`urbanized area' have the meaning such terms have under section
101(a) of title 23, United States Code.
SEC. 1404. TRANSFERS OF APPORTIONMENTS TO SAFETY PROGRAMS.
(a) Use of Safety Belts and Motorcycle Helmets.--Section 153(h) of
title 23, United States Code, is amended--
(1) in paragraph (2)--
(A) in the paragraph heading by striking
`Thereafter.--' and inserting `Fiscal years 1995-
2004.--'; and
(B) by inserting `and ending before October 1,
2004,' after `September 30, 1994,';
(2) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(3) by inserting after paragraph (2) the following:
`(3) Fiscal year 2005 and thereafter.--On October 1, 2004,
and each October 1 thereafter, if a State does not have in
effect a law described in subsection (a)(2), the Secretary
shall transfer from the funds apportioned to the State on that
date under each of subsections (b)(1), (b)(2), and (b)(3) of
section 104 to the apportionment of the State under section 402
an amount equal to 3 percent of the funds apportioned to the
State under such subsections for fiscal year 2003.'; and
(4) in paragraph (5) (as so redesignated)--
(A) by striking `which is determined by
multiplying' and inserting `which, for fiscal year 2005
and each fiscal year thereafter, is determined by
multiplying'; and
(B) in subparagraph (B) by striking `such fiscal
year' each place it appears and inserting `fiscal year
2003'.
(b) Open Container Requirements.--Section 154(c) of title 23,
United States Code, is amended--
(1) in paragraph (2)--
(A) in the paragraph heading by striking `fiscal
years thereafter' and inserting `fiscal year 2004' ;
and
(B) by striking `and each October 1 thereafter,';
(2) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively;
(3) by inserting after paragraph (2) the following:
`(3) Fiscal year 2005 and thereafter.--On October 1, 2004,
and each October 1 thereafter, if a State has not enacted or is
not enforcing an open container law described in subsection
(b), the Secretary shall transfer from the funds apportioned to
the State on that date under each of paragraphs (1), (3), and
(4) of section 104(b) an amount equal to 3 percent of the funds
apportioned to the State under such paragraphs for fiscal year
2003 to be used or directed as described in subparagraph (A) or
(B) of paragraph (1).';
(4) in paragraph (5) (as so redesignated) by striking
`paragraph (3)' and inserting `paragraph (4)';
(5) in paragraphs (4), (5), and (6) (as so redesignated) by
striking `paragraph (1) or (2)' and inserting `paragraph (1),
(2), or (3)'; and
(6) in paragraph (7)(B) (as so redesignated)--
(A) by striking `The amount' and inserting `For
fiscal year 2005 and each fiscal year thereafter, the
amount'; and
(B) in subclauses (I) and (II) of clause (ii) by
striking `the fiscal year' and inserting `fiscal year
2003'.
(c) Minimum Penalties for Certain Repeat Offenders.--Section 164(b)
of title 23, United States Code, is amended--
(1) in paragraph (2)--
(A) in the paragraph heading by striking `and
fiscal years thereafter' and inserting `fiscal year
2004' ; and
(B) by striking `and each October 1 thereafter,';
(2) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively;
(3) by inserting after paragraph (2) the following:
`(3) Fiscal year 2005 and thereafter.--On October 1, 2004,
and each October 1 thereafter, if a State has not enacted or is
not enforcing a repeat intoxicated driver law, the Secretary
shall transfer from the funds apportioned to the State on that
date under each of paragraphs (1), (3), and (4) of section
104(b) an amount equal to 3 percent of the funds apportioned to
the State under such paragraphs for fiscal year 2003 to be used
or directed as described in subparagraph (A) or (B) of
paragraph (1).';
(4) in paragraph (5) (as so redesignated) by striking
`paragraph (3)' and inserting `paragraph (4)';
(5) in paragraphs (4), (5), and (6) (as so redesignated) by
striking `paragraph (1) or (2)' and inserting `paragraph (1),
(2), or (3)'; and
(6) in paragraph (7)(B) (as so redesignated)--
(A) by striking `The amount' and inserting `For
fiscal year 2005 and each fiscal year thereafter, the
amount'; and
(B) in subclauses (I) and (II) of clause (ii) by
striking `the fiscal year' and inserting `fiscal year
2003'.
SEC. 1405. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.
Section 157(g)(1) of title 23, United States Code, is amended by
striking `for fiscal year 2004' and all that follows through `2005' and
inserting `and for each of fiscal years 2003, 2004, and 2005'.
SEC. 1406. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY
INTOXICATED PERSONS.
(a) Codification of Penalty.--Section 163 of title 23, United
States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
`(e) Penalty.--
`(1) In general.--On October 1, 2003, and October 1 of each
fiscal year thereafter, if a State has not enacted or is not
enforcing a law described in subsection (a), the Secretary
shall withhold from amounts apportioned to the State on that
date under each of paragraphs (1), (3), and (4) of section
104(b) an amount equal to the amount specified in paragraph
(2).
`(2) Amount to be withheld.--If a State is subject to a
penalty under paragraph (1), the Secretary shall withhold for a
fiscal year from the apportionments of the State described in
paragraph (1) an amount equal to a percentage of the funds
apportioned to the State under paragraphs (1), (3), and (4) of
section 104(b) for fiscal year 2003. The percentage shall be as
follows:
`(A) For fiscal year 2004, 2 percent.
`(B) For fiscal year 2005, 4 percent.
`(C) For fiscal year 2006, 6 percent.
`(D) For fiscal year 2007, and each fiscal year
thereafter, 8 percent.
`(3) Failure to comply.--If, within 4 years from the date
that an apportionment for a State is withheld in accordance
with this subsection, the Secretary determines that the State
has enacted and is enforcing a law described in subsection (a),
the apportionment of the State shall be increased by an amount
equal to the amount withheld. If, at the end of such 4-year
period, any State has not enacted or is not enforcing a law
described in subsection (a) any amounts so withheld from such
State shall lapse.'.
(b) Authorization of Appropriations.--Section 163(f)(1) of such
title, as redesignated by subsection (a)(1) of this section, is amended
by striking `for fiscal year 2004' and all that follows through `2005'
and inserting `and for each of fiscal years 2004 and 2005'.
(c) Repeal.--Section 351 of the Department of Transportation and
Related Agencies Appropriations Act, 2001 (23 U.S.C. 163 note; 114
Stat. 1356A-34) is repealed.
SEC. 1407. REPEAT OFFENDERS FOR DRIVING WHILE INTOXICATED.
Section 164(a)(5)(A) of title 23, United States Code, is amended to
read as follows:
`(A) receive (i) a driver's license suspension for
not less than 1 year, or (ii) a combination of
suspension of all driving privileges of an individual
for the first 45 days of the suspension period followed
by a reinstatement of limited driving privileges for
the propose of getting to and from work, school, or an
alcohol treatment program if an ignition interlock
device is installed on each of the motor vehicles owned
or operated, or both, by the individual;'.
SEC. 1408. REPAIR OR REPLACEMENT OF HIGHWAY FEATURES ON NATIONAL
HIGHWAY SYSTEM.
(a) Rulemaking Proceeding.--The Secretary shall conduct a
rulemaking proceeding to determine the appropriate conditions under
which a State when choosing to repair or replace damaged highway
features on the National Highway System with State funds (rather than
with available Federal financial assistance) should be required to
repair or replace such features with highway features that have been
tested, evaluated, and found to be acceptable under the guidelines
contained in the report of the Transportation Research Board of the
National Research Council entitled `NCHRP Report 350-Recommended
Procedures for the Safety Performance Evaluation of Highway Features'.
(b) Matters to Be Considered.--The rulemaking proceeding shall
cover those highway features that are covered by the guidelines
referred to in subsection (a). The conditions to be considered by the
Secretary in the rulemaking proceeding shall include types of highway
features, cost-effectiveness, and practicality of replacement with
highway features that have been found to be acceptable under such
guidelines.
(c) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall issue regulations regarding the
conditions under which States when choosing to repair or replace
damaged highway features described in subsection (a) will be required
to repair or replace such features with highway features that have been
tested, evaluated, and found to be acceptable as described in
subsection (a).
Subtitle E--Construction and Contract Efficiencies
SEC. 1501. DESIGN-BUILD.
(a) Qualified Projects.--Section 112(b)(3)(C) of title 23, United
States Code, is amended to read as follows:
`(C) Qualified projects.--A qualified project
referred to in subparagraph (A) is a project under this
chapter for which the Secretary has approved the use of
design-build contracting under criteria specified in
regulations issued by the Secretary.'.
(b) Experimental Procurement.--Section 112(b)(3) of such title is
further amended--
(1) by redesigning subparagraph (D) as subparagraph (G);
and
(2) by inserting after subparagraph (C) the following:
`(D) Experimental procurement.--As part of any
experimental program carried out under this section,
the Secretary shall evaluate the use of procurement
procedures under this paragraph where subjective
evaluation criteria account for the majority of the
selection determination.
`(E) Limitation on statutory construction.--Nothing
in this section shall be construed as effecting the
authority to carry out any experimental program
concerning design-build contracting that is being
carried out by the Secretary on the date of enactment
of this subparagraph.
`(F) Report.--Not later than 3 years after the date
of enactment of this subparagraph, the Secretary shall
transmit to Congress a report on the effectiveness of
design-build contracting procedures in which the
majority of the selection determinations are made based
on subjective criteria in accordance with subparagraph
(D).'.
SEC. 1502. WARRANTY HIGHWAY CONSTRUCTION PROJECT PILOT PROGRAM.
(a) In General.--The Secretary shall establish and implement a
pilot program designed to encourage States to incorporate warranties in
the letting of contracts for highway construction projects.
(b) Maximum Number of Projects.--The Secretary may allow not more
than 15 projects a year to be carried out under the pilot program.
(c) Federal Share.--The Federal share of the costs of a project
under the pilot program may not exceed 90 percent.
(d) Minimum Project Cost.--The estimated total cost of a project to
be carried out under the pilot program must be greater than
$15,000,000.
(e) Selection Process.--In the selection process for the pilot
program, the Secretary shall select, to the extent possible, projects
from several different regions of the United States in order to
demonstrate the effects that different climates and traffic patterns
have on warranty highway construction projects.
(f) Rulemaking.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a rule to
implement the pilot program. The rule shall include the
following factors for eligibility of a highway construction
project to be included in the program:
(A) A requirement that the contract for the project
must include a long-term limited warranty that is of a
duration sufficient to ensure that--
(i) the cost to the State of the project
that will be carried out is less than the
estimated cost to construct the project without
the warranty plus the estimated costs that
would be incurred by the State and that would
otherwise be covered during the proposed
warranty period if a warranty were in effect;
and
(ii) the estimated cost to road users
during the warranty period is less than such
estimated cost without a warranty.
(B) In determining the sufficient duration of a
long-term limited warranty under subparagraph (A), the
Secretary shall establish separate sufficient durations
for different types of projects, such as initial
construction, pavement resurfacing and rehabilitation,
and pavement markings.
(C) A requirement that the limited warranty must
address, at a minimum--
(i) the responsibilities of the warranty
provider;
(ii) the responsibilities of the Department
of Transportation;
(iii) the terms of the warranty, including
duration and, if applicable, traffic volumes
and vehicle classification; and
(iv) performance criteria to be met to
determine if maintenance is required.
(2) Factors to consider.--In issuing the rule, the
Secretary may consider the following factors as requirements
for the warranty contract for eligibility under the pilot
program:
(A) A plan to account for inflation during the
warranty period.
(B) The frequency of performance assessments
performed.
(C) The response time for repairs.
(D) A plan for emergency repairs.
(E) Clearly set out limits of liability under the
warranty, if any.
(F) Dispute resolution provisions.
(G) A severability provision.
(H) Other provisions the Secretary considers
necessary for carrying out the program.
(g) Savings.--Section 112 of title 23, United States Code, shall
apply to the projects carried out under this section unless the
Secretary determines that applying such section to such projects is
inconsistent with the provisions of this section.
(h) Reports.--Not later than 5 years after the date of enactment of
this Act and every year thereafter, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report outlining activities carried out under the program
and the results of the program.
SEC. 1503. PRIVATE INVESTMENT STUDY.
(a) Study.--Not later than 6 months after the date of enactment of
this Act, the Secretary shall enter into an agreement with the National
Academy of Sciences to conduct a comprehensive study of private
investment in surface transportation infrastructure.
(b) Matters to Be Evaluated.--Under the agreement, the National
Academy of Sciences shall evaluate the advantages and disadvantages of
private investment in surface transportation infrastructure and the
impact of such investment on the ability of State and local authorities
to use innovative financing, including--
(1) preconstruction funding requirements;
(2) integration of private investment in the transportation
planning process;
(3) use of toll revenues by State and local authorities;
(4) use of toll credits by State and local authorities;
(5) requirements for debt financing instruments,
reimbursable expenses, and conditions on payments;
(6) limitation on fees charged at federally funded fringe
and corridor parking facilities;
(7) revenues needed to provide a reasonable rate of return
to private investors;
(8) costs to users of facilities due to imposition of
tolls;
(9) sales-in-lease-out arrangement of transportation
assets; and
(10) such other matters as the Secretary considers
appropriate.
(c) Report.--
(1) To secretary.--Under the agreement, the National
Academy of Sciences shall submit to the Secretary a report on
the results of the study by such date as the Secretary may
require.
(2) To congress.--Not later than January 1, 2007, the
Secretary shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a copy
of the report of the National Academy of Sciences, together
with such recommendations as the Secretary considers
appropriate.
SEC. 1504. HIGHWAYS FOR LIFE PILOT PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish and
implement a pilot program to be known as the `Highways for LIFE
pilot program'.
(2) Purpose.--The purpose of the pilot program shall be to
advance longer-lasting highways using innovative technologies
and practices to accomplish the fast construction of efficient
and safe highways and bridges.
(3) Objectives.--Under the pilot program, the Secretary
shall provide leadership and incentives to demonstrate and
promote state-of-the-art technologies, elevated performance
standards, and new business practices in the highway
construction process that result in improved safety, faster
construction, reduced congestion from construction, and
improved quality and user satisfaction.
(b) Projects.--
(1) Applications.--To be eligible to participate in the
pilot program, a State shall submit to the Secretary an
application that is in such form and contains such information
as the Secretary requires. Each application shall contain a
description of proposed projects to be carried by the State
under the pilot program.
(2) Eligibility.--A proposed project shall be eligible for
assistance under the pilot program if the project--
(A) constructs, reconstructs, or rehabilitates a
route or connection on a Federal-aid highway eligible
for assistance under chapter 1 of title 23, United
States Code;
(B) uses innovative technologies, manufacturing
processes, financing, or contracting methods that
improve safety, reduce congestion due to construction,
and improve quality; and
(C) meets additional criteria as determined by the
Secretary.
(3) Project proposal.--A project proposal submitted under
paragraph (1) shall contain--
(A) an identification and description of the
projects to be delivered;
(B) a description of how the projects will result
in improved safety, faster construction, reduced
congestion due to construction, user satisfaction, and
improved quality;
(C) a description of the innovative technologies,
manufacturing processes, financing, and contracting
methods that will be used for the proposed projects;
and
(D) such other information as the Secretary may
require.
(4) Selection criteria.--In selecting projects for approval
under this section, the Secretary shall ensure that the
projects provide an evaluation of a broad range of technologies
in a wide variety of project types and shall give priority to
the projects that--
(A) address achieving the Highways for LIFE
performance standards for quality, safety, and speed of
construction;
(B) deliver and deploy innovative technologies,
manufacturing processes, financing, contracting
practices, and performance measures that will
demonstrate substantial improvements in safety,
congestion, quality, and cost-effectiveness;
(C) include innovation that will lead to change in
the administration of the State's transportation
program to more quickly construct long-lasting, high-
quality, cost-effective projects that improve safety
and reduce congestion;
(D) are or will be ready for construction within 12
months of approval of the project proposal; and
(E) meet such other criteria as the Secretary
determines appropriate.
(5) Financial assistance.--
(A) Funds for highways for life projects.--Out of
amounts made available to carry out this section for a
fiscal year, the Secretary may allocate to a State up
to 20 percent, but not more than $15,000,000, of the
total cost of a project approved under this section.
Notwithstanding any other provision of law, funds
allocated to a State under this subparagraph may be
applied to the non-Federal share of the cost of
construction of a project under title 23, United States
Code.
(B) Use of apportioned funds.--A State may obligate
not more than 10 percent of the amount apportioned to
the State under 1 or more of paragraphs (1), (2), (3),
and (4) of section 104(b) of title 23, United States
Code, for a fiscal year for projects approved under
this section.
(C) Increased federal share.--Notwithstanding
sections 120 and 129 of title 23, United States Code,
the Federal share payable on account of any project
constructed with Federal funds allocated under this
section, or apportioned under section 104(b) of such
title, to a State under such title and approved under
this section may amount to 100 percent of the cost of
construction of such project.
(D) Limitation on statutory construction.--Except
as provided in subparagraph (C), nothing in this
subsection shall be construed as altering or otherwise
affecting the applicability of the requirements of
chapter 1 of title 23, United States Code (including
requirements relating to the eligibility of a project
for assistance under the program and the location of
the project), to amounts apportioned to a State for a
program under section 104(b) that are obligated by the
State for projects approved under this subsection.
(6) Project selections.--In the period of fiscal years 2005
through 2009, the Secretary shall approve at least one project
in each State for participation in the pilot program and for
financial assistance under paragraph (5) if the State submits
an application and the project meets the eligibility
requirements and selection criteria under this subsection.
(c) Technology Partnerships.--
(1) In general.--The Secretary may make grants or enter
into cooperative agreements or other transactions to foster the
development, improvement, and creation of innovative
technologies and facilities to improve safety, enhance the
speed of highway construction, and improve the quality and
durability of highways.
(2) Federal share.--The Federal share of the cost of an
activity carried out under this subsection shall not exceed 80
percent.
(d) Technology Transfer and Information Dissemination.--
(1) In general.--The Secretary shall conduct a Highways for
LIFE technology transfer program.
(2) Availability of information.--The Secretary shall
ensure that the information and technology used, developed, or
deployed under this subsection is made available to the
transportation community and the public.
(e) Stakeholder Input and Involvement.--The Secretary shall
establish a process for stakeholder input and involvement in the
development, implementation, and evaluation of the Highways for LIFE
pilot program. The process may include participation by representatives
of State departments of transportation and other interested persons.
(f) Project Monitoring and Evaluation.--The Secretary shall monitor
and evaluate the effectiveness of any activity carried out under this
section.
(g) Contract Authority.--Funds authorized to be appropriated 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.
(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.
Subtitle F--Finance
SEC. 1601. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT.
(a) Definitions.--Section 181 of title 23, United States Code, is
amended--
(1) in paragraph (3)--
(A) by striking `category'; and
(B) by striking `offered into the capital markets';
(2) by striking paragraph (7);
(3) by redesignating paragraphs (8) through (15) as
paragraphs (7) through (14), respectively;
(4) by striking the period at the end of paragraph (8)(B)
(as so redesignated) and inserting a semicolon; and
(5) in paragraph (10) (as so redesignated) by striking
`bond' and inserting `credit'.
(b) Determination of Eligibility.--Section 182(a) of such title is
amended--
(1) 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, 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.';
(2) in paragraph (3)(A)(i) by striking `$100,000,000' and
inserting `$50,000,000';
(3) in paragraph (3)(B) by striking `$30,000,000' and
inserting `$15,000,000'; and
(4) in paragraph (4)--
(A) by striking `Project financing' and inserting
`The Federal credit instrument'; and
(B) by inserting before the period at the end `that
also secure the project obligations'.
(c) Project Selection.--Section 182(b) of such title is amended--
(1) in paragraph (1) by striking `criteria' the second
place it appears and inserting `requirements'; and
(2) in paragraph (2)(B) by inserting `, which may be the
Federal credit instrument,' after `obligations'.
(d) Secured Loans.--
(1) Agreements.--Section 183(a)(1) of such title is
amended--
(A) in each of subparagraphs (A) and (B) by
inserting `of any project selected under section 602'
after `costs'; and
(B) by striking the semicolon at the end of
subparagraph (B) and all that follows through `under
section 602'.
(2) Investment-grade rating requirement.--Section 183(a)(4)
of such title is amended--
(A) by striking `The funding' and inserting `The
execution'; and
(B) by striking the first comma and all that
follows through `1 rating agency'.
(3) Terms and limitations.--Section 183(b) of such title is
amended--
(A) in paragraph (2) by inserting `the lesser of'
after `exceed';
(B) in paragraph (2) by inserting `or the amount of
the senior project obligations' after `costs';
(C) in paragraph (3)(A)(i) by inserting `that also
secure the senior project obligations' after `sources';
and
(D) in paragraph (4) by striking `marketable'.
(4) Repayment.--Section 183(c) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
(e) Lines of Credit.--
(1) Terms and limitations.--Section 184(b) of such title is
amended--
(A) in paragraph (3)--
(i) by striking the first comma; and
(ii) by striking `any debt service reserve
fund, and any other available reserve' and
inserting `but not including reasonably
required financing reserves';
(B) in paragraph (4)--
(i) by striking `marketable';
(ii) by striking `on which' and inserting
`of execution of'; and
(iii) by striking `is obligated' and
inserting `agreement'; and
(C) in paragraph (5)(A)(i) by inserting `that also
secure the senior project obligations' after `sources';
and
(2) Repayment.--Section 184(c) of such title is amended--
(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 `conclude, with full
repayment of principal and interest,'; and
(B) by striking paragraph (3).
(f) Program Administration.--Section 185 of such title is amended
to read as follows:
`Sec. 185. Program Administration
`(a) Requirement.--The Secretary shall establish a uniform system
to service the Federal credit instrument made available under this
chapter.
`(b) Fees.--The Secretary may establish fees at a level to cover
all or a portion of the costs to the Federal Government of servicing
the Federal credit instrument.
`(c) Services.--The Secretary may identify a financial entity to
assist the Secretary in servicing a Federal credit instrument. The
services--
`(1) shall act as the agent for the Secretary; and
`(2) shall receive a servicing fee, subject to approval by
the Secretary.
`(d) Assistance From Expert Firms.--The Secretary may retain the
services of one or more expert firms, including counsel, in the field
of municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments.'.
(g) Funding.--Section 188 of such title is amended to read as
follows:
`Sec. 188. Funding
`(a) Funding.--
`(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) $130,000,000 for fiscal year 2004 and $140,000,000 for
each of fiscal years 2005 through 2009 to carry out this
chapter.
`(2) Administrative costs.--From funds made available under
paragraph (1), the Secretary may use, for the administration of
this subchapter, not more than $3,000,000 for each of fiscal
years 2004 through 2009.
`(3) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.
`(b) Contract Authority.--
`(1) In general.--Notwithstanding any other provision of
law, approval by the Secretary of a Federal credit instrument
that uses funds made available under this chapter shall be
deemed to be acceptance by the United States of a contractual
obligation to fund the Federal credit instrument.
`(2) Availability.--Amounts authorized under this section
for a fiscal year shall be available for obligation on October
1 of the fiscal year.
`(c) Limitations on Credit Amounts.--For each of fiscal years 2004
through 2009, principal amounts of Federal credit instruments made
available under this chapter shall be limited to $2,600,000,000.'.
SEC. 1602. STATE INFRASTRUCTURE BANKS.
(a) In General.--Section 189 of title 23, United States Code, is
amended to read as follows:
`Sec. 189. State infrastructure bank program
`(a) Definitions.--In this section, the following definitions
apply:
`(1) Capital project.--The term ``capital project'' has the
meaning such term has under section 5302 of title 49, United
States Code.
`(2) Other forms of credit assistance.--The term ``other
forms of credit assistance'' includes any use of funds in an
infrastructure bank--
`(A) to provide credit enhancements;
`(B) to serve as a capital reserve for bond or debt
instrument financing;
`(C) to subsidize interest rates;
`(D) to insure or guarantee letters of credit and
credit instruments against credit risk of loss;
`(E) to finance purchase and lease agreements with
respect to transit projects;
`(F) to provide bond or debt financing instrument
security; and
`(G) to provide other forms of debt financing and
methods of leveraging funds that are approved by the
Secretary and that relate to the project with respect
to which such assistance is being provided.
`(3) State.--The term ``State'' has the meaning such term
has under section 401 of this title.
`(4) Capitalization.--The term ``capitalization'' means the
process used for depositing funds as initial capital into a
State infrastructure bank to establish the infrastructure bank.
`(5) Cooperative agreement.--The term ``cooperative
agreement'' means written consent between a State and the
Secretary which sets forth the manner in which the
infrastructure bank established by the State in accordance with
this section will be administered.
`(6) Loan.--The term ``loan'' means any form of direct
financial assistance from a State infrastructure bank that is
required to be repaid over a period of time and that is
provided to a project sponsor for all or part of the costs of
the project.
`(7) Guarantee.--The term ``guarantee'' means a contract
entered into by a State infrastructure bank in which the bank
agrees to take responsibility for all or a portion of a project
sponsor's financial obligations for a project under specified
conditions.
`(8) Initial assistance.--The term ``initial assistance''
means the first round of funds that are loaned or used for
credit enhancement by a State infrastructure bank for projects
eligible for assistance under this section.
`(9) Leverage.--The term ``leverage'' means a financial
structure used to increase funds in a State infrastructure bank
through the issuance of debt instruments.
`(10) Leveraged.--The term ``leveraged'', as used with
respect to a State infrastructure bank, means that the bank has
total potential liabilities that exceed the capital of the
bank.
`(b) Cooperative Agreements.--Subject to the provisions of this
section, the Secretary may enter into cooperative agreements with
States for the establishment of State infrastructure banks for making
loans and providing other forms of credit assistance to public and
private entities carrying out or proposing to carry out projects
eligible for assistance under this section.
`(d) Funding.--
`(1) Highway account.--Subject to subsection (j), the
Secretary may permit a State entering into a cooperative
agreement under this section to establish a State
infrastructure bank to deposit into the highway account of the
bank not to exceed--
`(A) 10 percent of the funds apportioned to the
State for each of fiscal years 2005 through 2009 under
each of sections 104(b)(1), 104(b)(3), 104(b)(4), and
144; and
`(B) 10 percent of the funds allocated to the State
for each of such fiscal years under section 105.
`(2) Transit account.--Subject to subsection (j), the
Secretary may permit a State entering into a cooperative
agreement under this section to establish a State
infrastructure bank, and any other recipient of Federal
assistance under section 5307, 5309, or 5311 of title 49, to
deposit into the transit account of the bank not to exceed 10
percent of the funds made available to the State or other
recipient in each of fiscal years 2005 through 2009 for capital
projects under each of such sections.
`(3) Rail account.--Subject to subsection (j), the
Secretary may permit a State entering into a cooperative
agreement under this section to establish a State
infrastructure bank, and any other recipient of Federal
assistance under subtitle V of title 49, to deposit into the
rail account of the bank funds made available to the State or
other recipient in each of fiscal years 2005 through 2009 for
capital projects under such subtitle.
`(4) Capital grants.--
`(A) Highway account.--Federal funds deposited into
a highway account of a State infrastructure bank under
paragraph (1) shall constitute for purposes of this
section a capitalization grant for the highway account
of the bank.
`(B) Transit account.--Federal funds deposited into
a transit account of a State infrastructure bank under
paragraph (2) shall constitute for purposes of this
section a capitalization grant for the transit account
of the bank.
`(C) Rail account.--Federal funds deposited into a
rail account of a State infrastructure bank under
paragraph 3 shall constitute for purposes of this
section a capitalization grant for the rail account of
the bank.
`(5) Special rule for urbanized areas of over 200,000.--
Funds in a State infrastructure bank that are attributed to
urbanized areas of a State with urbanized populations of over
200,000 under section 133(d)(3) may be used to provide
assistance with respect to a project only if the metropolitan
planning organization designated for such area concurs, in
writing, with the provision of such assistance.
`(6) Discontinuance of funding.--If the Secretary
determines that a State is not implementing the State's
infrastructure bank in accordance with a cooperative agreement
entered into under subsection (b), the Secretary may prohibit
the State from contributing additional Federal funds to the
bank.
`(e) Forms of Assistance From Infrastructure Banks.--An
infrastructure bank established under this section may make loans or
provide other forms of credit assistance to a public or private entity
in an amount equal to all or a part of the cost of carrying out a
project eligible for assistance under this section. The amount of any
loan or other form of credit assistance provided for the project may be
subordinated to any other debt financing for the project. Initial
assistance provided with respect to a project from Federal funds
deposited into an infrastructure bank under this section may not be
made in the form of a grant.
`(f) Eligible Projects.--Subject to subsection (e), funds in an
infrastructure bank established under this section may be used only to
provide assistance for projects eligible for assistance under this
title and capital projects defined in section 5302 of title 49, and any
other projects related to surface transportation that the Secretary
determines to be appropriate.
`(g) Infrastructure Bank Requirements.--In order to establish an
infrastructure bank under this section, the State establishing the bank
shall--
`(1) deposit in cash, at a minimum, into each account of
the bank from non-Federal sources an amount equal to 25 percent
of the amount of each capitalization grant made to the State
and deposited into such account; except that, if the deposit is
into the highway account of the bank and the State has a non-
Federal share under section 120(b) that is less than 25
percent, the percentage to be deposited from non-Federal
sources shall be the lower percentage of such grant;
`(2) ensure that the bank maintains on a continuing basis
an investment grade rating on its debt, or has a sufficient
level of bond or debt financing instrument insurance, to
maintain the viability of the bank;
`(3) ensure that investment income derived from funds
deposited to an account of the bank are--
`(A) credited to the account;
`(B) available for use in providing loans and other
forms of credit assistance to projects eligible for
assistance from the account; and
`(C) invested in United States Treasury securities,
bank deposits, or such other financing instruments as
the Secretary may approve to earn interest to enhance
the leveraging of projects assisted by the bank;
`(4) ensure that any loan from the bank will bear interest
at or below market interest rates, as determined by the State,
to make the project that is the subject of the loan feasible;
`(5) ensure that repayment of any loan from the bank will
commence not later than 5 years after the project has been
completed or, in the case of a highway project, the facility
has opened to traffic, whichever is later;
`(6) ensure that the term for repaying any loan will not
exceed 30 years after the date of the first payment on the
loan; and
`(7) require the bank to make an annual report to the
Secretary on its status no later than September 30 of each year
and such other reports as the Secretary may require under
guidelines issued to carry out this section.
`(i) United States not Obligated.--The deposit of Federal funds
into an infrastructure bank established under this section shall not be
construed as a commitment, guarantee, or obligation on the part of the
United States to any third party, nor shall any third party have any
right against the United States for payment solely by virtue of the
contribution. Any security or debt-financing instrument issued by the
infrastructure bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or obligation
of the United States.
`(j) Management of Federal Funds.--Sections 3335 and 6503 of title
31, shall not apply to funds deposited into an infrastructure bank
under this section.
`(k) Program Administration.--For each of fiscal years 2005 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.'.
(b) Preparatory Amendments.--
(1) Section 181.--Section 181 of such title is further
amended--
(A) by striking the section designator and heading
and inserting the following:
`Sec. 181. Generally applicable provisions';
(B) by striking `In this subchapter' and inserting
`(a) Definitions.--In this chapter';
(C) in paragraph (5) by striking `184' and
inserting `604';
(D) in paragraph (11) (as redesignated by section
1601(a) of this Act) by striking `183' and inserting
`603'; and
(E) by adding at the end the following:
`(b) Treatment of Chapter.--For purposes of this title, this
chapter shall be treated as being part of chapter 1.'.
(2) Section 182.--Section 182(b)(2)(A)(viii) of such title
is further amended by inserting `and chapter 1' after `this
chapter'.
(3) Section 183.--Section 183(a) of such title is further
amended--
(A) in paragraph (1) by striking `182' and
inserting `602'; and
(B) in paragraph (3) by striking `182(b)(2)(B)' and
inserting `602(b)(2)(B)'.
(4) Section 184.--Section 184 of such title is further
amended--
(A) in subsection (a)(1) by striking `182' and
inserting `602';
(B) in subsection (a)(3) by striking `182(b)(2)(B)'
and inserting `602(b)(2)(B)'; and
(C) in subsection (b)(10) by striking `183' and
inserting `603'.
(5) References in subchapter.--Subchapter II of chapter 1
of such title is amended by striking `this subchapter' each
place it appears and inserting `chapter'.
(6) Subchapter headings.--Chapter 1 of such title is
further amended--
(A) by striking `subchapter i--general provisions'
preceding section 101; and
(B) by striking `subchapter ii--infrastructure
finance' preceding section 181.
(c) Chapter 6.--Such title is further amended by adding at the end
the following:
`Chapter 6--Infrastructure Finance
`Sec.
`601. Generally applicable provisions.
`602. Determination of eligibility and project selection.
`603. Secured loans.
`604. Lines of credit.
`605. Program administration.
`606. State and local permits.
`607. Regulations.
`608. Funding.
`609. State infrastructure bank program.'.
(d) Moving and Redesignating.--Such title is further amended--
(1) by redesignating sections 181 through 189 as sections
601 through 609, respectively;
(2) by moving such sections from chapter 1 to chapter 6 (as
added by subsection (c)); and
(3) by inserting such sections after the analysis for
chapter 6.
(e) Analysis for Chapter 1 and Table of Chapters.--
(1) Analysis for chapter 1.--The analysis for chapter 1 of
such title is amended--
(A) by striking the headings for subchapters I and
II; and
(B) by striking the items relating to sections 181
through 189.
(2) Table of chapters.--The table of chapters for such
title is amended by inserting after the item relating to
chapter 5 the following:
`6. Infrastructure Finance.................................. 601'.
SEC. 1603. INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION TOLL
PILOT PROGRAM.
(a) Establishment.--The Secretary shall establish and implement an
Interstate System reconstruction and rehabilitation toll pilot program
under which the Secretary, notwithstanding sections 129 and 301 of
title 23, United States Code, may permit a State to collect tolls on a
highway, bridge, or tunnel on the Interstate System for the purpose of
reconstructing and rehabilitating the facility.
(b) Limitation on Number of Facilities.--The Secretary may permit
the collection of tolls under this section on 3 facilities on the
Interstate System. Each of such facilities shall be located in a
different State.
(c) Eligibility.--To be eligible to participate in the pilot
program, a State shall submit to the Secretary an application that
contains, at a minimum, the following:
(1) An identification of the facility on the Interstate
System proposed to be a toll facility, including the age,
condition, and intensity of use of the facility.
(2) In the case of a facility that affects a metropolitan
area, an assurance that the metropolitan planning organization
designated under chapter 52 of title 49, United States Code,
for the area has been consulted concerning the placement and
amount of tolls on the facility.
(3) An analysis demonstrating that financing the
reconstruction or rehabilitation of the facility with the
collection of tolls under the pilot program is the most
efficient and economical way to advance the project.
(4) A facility management plan that includes--
(A) a plan for implementing the imposition of tolls
on the facility;
(B) a schedule and finance plan for the
reconstruction or rehabilitation of the facility using
toll revenues;
(C) a description of the public transportation
agency that will be responsible for implementation and
administration of the pilot program;
(D) a description of whether consideration will be
given to privatizing the maintenance and operational
aspects of the facility, while retaining legal and
administrative control of the portion of the Interstate
route; and
(E) such other information as the Secretary may
require.
(d) Selection Criteria.--The Secretary may approve the application
of a State under subsection (c) only if the Secretary determines that--
(1) the State's analysis under subsection (c)(3) is
reasonable;
(2) the facility has a sufficient intensity of use, age, or
condition to warrant the collection of tolls;
(3) the State plan for implementing tolls on the facility
takes into account the interests of local, regional, and
interstate travelers;
(4) the State plan for reconstruction or rehabilitation of
the facility using toll revenues is reasonable;
(5) the State will develop, manage, and maintain a system
that will automatically collect the tolls;
(6) in developing the State plan for implementing tolls on
the facility, the State includes a program to permit low income
drivers to pay a reduced toll amount; and
(7) the State has given preference to the use of a public
toll agency with demonstrated capability to build, operate, and
maintain a toll expressway system meeting criteria for the
Interstate System.
(e) Prohibition on Noncompete Agreements.--Before the Secretary may
permit a State to participate in the pilot program, the State must
enter into an agreement with the Secretary that provides that the State
will not enter into an agreement with a private person under which the
State is prevented from improving or expanding the capacity of public
roads adjacent to the toll facility to address conditions resulting
from traffic diverted to such roads from the toll facility, including--
(1) excessive congestion;
(2) pavement wear; and
(3) an increased incidence of traffic accidents, injuries,
or fatalities.
(f) Limitations on Use of Revenues; Audits.--Before the Secretary
may permit a State to participate in the pilot program, the State must
enter into an agreement with the Secretary that provides that--
(1) all toll revenues received from operation of the toll
facility will be used only for--
(A) debt service;
(B) reasonable return on investment of any private
person financing the project; and
(C) any costs necessary for the improvement of and
the proper operation and maintenance of the toll
facility, including reconstruction, resurfacing,
restoration, and rehabilitation of the toll facility;
and
(2) regular audits will be conducted to ensure compliance
with paragraph (1) and the results of such audits will be
transmitted to the Secretary.
(g) Limitation on Use of Interstate Maintenance Funds.--During the
term of the pilot program, funds apportioned for Interstate maintenance
under section 104(b)(4) of title 23, United States Code, may not be
used on a facility for which tolls are being collected under the
program.
(h) Program Term.--The Secretary may approve an application of a
State for permission to collect a toll under this section only if the
application is received by the Secretary before the last day of the 10-
year period beginning on the date of enactment of this Act.
(i) Interstate System Defined.--In this section, the term
`Interstate System' has the meaning such term has under section 101 of
title 23, United States Code.
(j) Report.--Not later than September 30, 2011, the Secretary shall
transmit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report on traffic congestion on, pavement wear
of, and incidence of accidents, injuries, and fatalities on public
roads adjacent to toll facilities established under this section and
section 1604.
(k) Repeal.--Section 1216(b) of the Transportation Equity Act for
the 21st Century (23 U.S.C. 129 note; 112 Stat. 212) is repealed.
SEC. 1604. INTERSTATE SYSTEM CONSTRUCTION TOLL PILOT PROGRAM.
(a) Establishment.--The Secretary shall establish and implement an
Interstate System construction toll pilot program under which the
Secretary, notwithstanding sections 129 and 301 of title 23, United
States Code, may permit a State or an interstate compact of States to
collect tolls on a highway, bridge, or tunnel on the Interstate System
for the purpose of constructing Interstate highways.
(b) Limitation on Number of Facilities.--The Secretary may permit
the collection of tolls under this section on 3 facilities on the
Interstate System.
(c) Eligibility.--To be eligible to participate in the pilot
program, a State shall submit to the Secretary an application that
contains, at a minimum, the following:
(1) An identification of the facility on the Interstate
System proposed to be a toll facility.
(2) In the case of a facility that affects a metropolitan
area, an assurance that the metropolitan planning organization
designated under chapter 52 of title 49, United States Code,
for the area has been consulted concerning the placement and
amount of tolls on the facility.
(3) An analysis demonstrating that financing the
construction of the facility with the collection of tolls under
the pilot program is the most efficient and economical way to
advance the project.
(4) A facility management plan that includes--
(A) a plan for implementing the imposition of tolls
on the facility;
(B) a schedule and finance plan for the
construction of the facility using toll revenues;
(C) a description of the public transportation
agency that will be responsible for implementation and
administration of the pilot program;
(D) a description of whether consideration will be
given to privatizing the maintenance and operational
aspects of the facility, while retaining legal and
administrative control of the portion of the Interstate
route; and
(E) such other information as the Secretary may
require.
(d) Selection Criteria.--The Secretary may approve the application
of a State under subsection (c) only if the Secretary determines that--
(1) the State's analysis under subsection (c)(3) is
reasonable;
(2) the State plan for implementing tolls on the facility
takes into account the interests of local, regional, and
interstate travelers;
(3) the State plan for construction of the facility using
toll revenues is reasonable;
(4) the State will develop, manage, and maintain a system
that will automatically collect the tolls;
(5) in developing the State plan for implementing tolls on
the facility, the State includes a program to permit low-income
drivers to pay a reduced toll amount; and
(6) the State has given preference to the use of a public
toll agency with demonstrated capability to build, operate, and
maintain a toll expressway system meeting criteria for the
Interstate System.
(e) Prohibition on Noncompete Agreements.--Before the Secretary may
permit a State to participate in the pilot program, the State must
enter into an agreement with the Secretary that provides that the State
will not enter into an agreement with a private person under which the
State is prevented from improving or expanding the capacity of public
roads adjacent to the toll facility to address conditions resulting
from traffic diverted to such roads from the toll facility, including--
(1) excessive congestion;
(2) pavement wear; and
(3) an increased incidence of traffic accidents, injuries,
or fatalities.
(f) Limitations on Use of Revenues; Audits.--Before the Secretary
may permit a State to participate in the pilot program, the State must
enter into an agreement with the Secretary that provides that--
(1) all toll revenues received from operation of the toll
facility will be used only for--
(A) debt service;
(B) reasonable return on investment of any private
person financing the project; and
(C) any costs necessary for the improvement of and
the proper operation and maintenance of the toll
facility, including reconstruction, resurfacing,
restoration, and rehabilitation of the toll facility;
and
(2) regular audits will be conducted to ensure compliance
with paragraph (1) and the results of such audits will be
transmitted to the Secretary.
(g) Limitation on Use of Interstate Maintenance Funds.--During the
term of the pilot program, funds apportioned for Interstate maintenance
under section 104(b)(4) of title 23, United States Code, may not be
used on a facility for which tolls are being collected under the
program.
(h) Program Term.--The Secretary may approve an application of a
State for permission to collect a toll under this section only if the
application is received by the Secretary before the last day of the 10-
year period beginning on the date of enactment of this Act.
(i) Interstate System Defined.--In this section, the term
`Interstate System' has the meaning such term has under section 101 of
title 23, United States Code.
SEC. 1605. USE OF EXCESS FUNDS.
Section 106 of title 23, United States Code, is amended by adding
at the end the following:
`(i) Use of Excess Funds.--
`(1) Audits.--A State may audit projects funded with
amounts apportioned under sections 104 and 144 to determine
whether any amounts obligated for a project are excess funds.
`(2) Plans for use of excess funds.--If a State determines,
after conducting an audit under paragraph (1), that funds
obligated for a project are excess funds, the State may develop
a plan for obligating the funds for the design and construction
of one or more projects that are eligible for funding under the
program for which the funds were originally apportioned.
`(3) Certification to the secretary.--A State that has
developed a plan under paragraph (2) shall transmit to the
Secretary a certification that the State has conducted an audit
under paragraph (1) and developed the plan in accordance with
paragraph (2).
`(4) Implementation of plans.--After transmitting a
certification to the Secretary with respect to a plan under
paragraph (3), the State may carry out the plan.
`(5) Applicability of requirements.--Excess funds used to
carry out a project under this section shall be subject to the
requirements of this title that are applicable to the program
for which the funds were originally apportioned.
`(6) Excess funds defined.--In this subsection, the term
``excess funds'' means funds obligated for a project that
remain available for the project after the project has been
completed.'.
SEC. 1606. SPECIAL RULES RELATING TO STATE INFRASTRUCTURE BANK PROGRAM.
(a) Interstate Compacts.--Section 189 of title 23, United States
Code, as amended by section 1602(a) of this Act, is amended by
inserting after subsection (b) the following:
`(c) Interstate Compacts.--
`(1) In general.--Congress grants consent to 2 or more of
the States, entering into a cooperative agreement under
subsection (a) with the Secretary for the establishment by such
States of a multi-State infrastructure bank in accordance with
this section, to enter into an interstate compact establishing
such bank in accordance with this section.
`(2) Reservation of rights.--The right to alter, amend or
repeal interstate compacts entered into under this subsection
is expressly reserved.'.
(b) Applicability of Federal Law.--Section 189 of title 23, United
States Code, as amended by section 1602(a) of this Act, is further
amended by inserting after subsection (g) the following:
`(h) Applicability of Federal Law.--
`(1) In general.--The requirements of this title and title
49 that would otherwise apply to funds made available under
this title or such title and projects assisted with those funds
shall apply to--
`(A) funds made available under this title or such
title and contributed to an infrastructure bank
established under this section, including the non-
Federal contribution required under subsection (g); and
`(B) projects assisted by the bank through the use
of the funds;
except to the extent that the Secretary determines that any
requirement of such title (other than sections 113 and 114 of
this title and section 5333 of title 49), is not consistent
with the objectives of this section.
`(2) Repayments.--The requirements of this title and title
49 shall apply to repayments from non-Federal sources to an
infrastructure bank from projects assisted by the bank. Such a
repayment shall be considered to be Federal funds.'.
Subtitle G--High Priority Projects
SEC. 1701. HIGH PRIORITY PROJECTS PROGRAM.
(a) Authorization of High Priority Projects.--Section 117(a) of
title 23, United States Code, is amended by striking `1602 of the
Transportation Equity Act for the 21st Century' and inserting `1701 of
the Transportation Equity Act: A Legacy for Users'.
(b) Allocation Percentages.--Section 117(b) of such title is
amended by striking paragraphs (1) through (6) and inserting the
following:
`(1) 22.4 percent of such amount shall be available for
obligation beginning in fiscal year 2005;
`(2) 20.2 percent of such amount shall be available for
obligation beginning in fiscal year 2006;
`(3) 19.3 percent of such amount shall be available for
obligation beginning in fiscal year 2007;
`(4) 19.7 percent of such amount shall be available for
obligation beginning in fiscal year 2008; and
`(5) 18.4 percent of such amount shall be available for
obligation beginning in fiscal year 2009.'.
(c) Federal Share.--Section 117(c) of such title is amended by
striking `; except' and all that follows through `cost thereof'.
(d) Advance Construction.--Section 117(e) of such title is amended
by striking `1602 of the Transportation Equity Act for the 21st
Century' each place it appears and inserting `1701 of the
Transportation Equity Act: A Legacy for Users'.
(e) Availability of Obligation Limitation.--Section 117(g) of such
title is amended by striking `Transportation Equity Act for the 21st
Century' and inserting `Transportation Equity Act: A Legacy for Users'.
(f) Federal-State Relationship.--Section 145(b) of such title is
amended--
(1) by inserting after `described in' the following:
`section 1702 of the Transportation Equity Act: A Legacy for
Users,';
(2) by inserting after `for such projects by' the
following: `section 1101(a)(17) of the Transportation Equity
Act: A Legacy for Users,'; and
(3) by striking `117 of title 23, United States Code,' and
inserting `section 117 of this title,'.
SEC. 1702. PROJECT AUTHORIZATIONS.
Subject to section 117 of title 23, United States Code, the amount
listed for each high priority project in the following table shall be
available (from amounts made available by section 1101(a)(17) of the
Transportation Equity Act: A Legacy for Users) for fiscal years 2005
through 2009 to carry out each such project: To be supplied.
Subtitle H--Miscellaneous Provisions
SEC. 1801. BUDGET JUSTIFICATION.
The Department of Transportation and each agency therein shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives a budget justification concurrently with the
President's annual budget submission to Congress under section 1105(a)
of title 31, United States Code.
SEC. 1802. MOTORIST INFORMATION.
Section 124 of of title I of division F of the Consolidated
Appropriations Act, 2004 (118 Stat. 296-297) is repealed.
SEC. 1803. MOTORIST INFORMATION CONCERNING FULL-SERVICE RESTAURANTS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall initate a rulemaking to determine whether or not--
(1) full-service restaurants should be given priority on
not more than 2 panels of the camping or attractions logo
specific service signs in the Manual on Uniform Traffic Control
Devices of the Department of Transportation when the food logo
specific service sign is fully utilized; and
(2) full service restaurants should be given priority on
not more than two panels of the food logo specific service
signs in such Manual when the camping or attractions logo
specific service signs are fully utilized.
SEC. 1804. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY SYSTEM.
Section 1105(c) of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2032) is amended--
(1) in paragraph (23) by inserting before the period at the
end the following: `and the connection from Wichita, Kansas, to
Sioux City, Iowa, which includes I-135 from Wichita, Kansas to
Salina, Kansas, United States Route 81 from Saline, Kansas, to
Norfolk, Nebraska, Nebraska State Route 35 from Norfolk,
Nebraska, to South Sioux City, Nebraska, and the connection to
I-29 in Sioux City, Iowa';
(2) by striking paragraph (34) and inserting the following:
`(34) The Alameda Corridor-East and Southwest Passage,
California. The Alameda Corridor-East is generally described as
the corridor from East Los Angeles (terminus of Alameda
Corridor) through Los Angeles, Orange, San Bernardino, and
Riverside Counties, to termini at Barstow in San Bernardino
County and Coachella in Riverside County. The Southwest Passage
shall follow I-10 from San Bernardino to the Arizona State
line.';
(3) by adding at the end the following:
`(46) Interstate Route 710 between the terminus at Long
Beach, California, to California State Route 60.
`(47) Interstate Route 87 from the Quebec border to New
York City.
`(48) The Route 50 High Plains Corridor along the United
States Route 50 corridor from Newton, Kansas, to Pueblo,
Colorado.
`(49) The Atlantic Commerce Corridor on Interstate Route 95
from Jacksonville, Florida, to Miami, Florida.
`(50) The East-West Corridor commencing in Watertown, New
York, continuing northeast through New York, Vermont, New
Hampshire, and Maine, and terminating in Calais, Maine.
`(51) The SPIRIT Corridor on United States Route 54 from El
Paso, Texas, through New Mexico, Texas, and Oklahoma to
Wichita, Kansas.
`(52) The route in Arkansas running south and parallel to
United States Route 226 from the relocation of United States
Route 67 to the vicinity of United States Route 49 and United
States Route 63.
`(53) United States Highway Route 6 from Interstate Route
70 to Interstate Route 15, Utah.
`(54) The California Farm-to-Market Corridor, California
State Route 99 from south of Bakersfield to Sacramento,
California.'; and
(4) by aligning paragraph (45) with paragraph (46).
SEC. 1805. ADDITIONS TO APPALACHIAN REGION.
(a) Kentucky.--Section 14102(a)(1)(C) of title 40, United States
Code, is amended--
(1) by inserting `Nicholas,' after `Morgan,'; and
(2) by inserting `Robertson,' after `Pulaski,'.
(b) Ohio.--Section 14102(a)(1)(H) of such title is amended--
(1) by inserting `Ashtabula,' after `Adams,';
(2) by inserting `Fayette,' after `Coshocton,';
(3) by inserting `Mahoning,' after `Lawrence,'; and
(4) by inserting `Trumbull,' after `Scioto,'.
(c) Tennessee.--Section 14102(a)(1)(K) of such title is amended--
(1) by inserting `Giles,' after `Franklin,'; and
(2) by inserting `Lawrence, Lewis, Lincoln,' after `Knox,'.
(d) Virginia.--Section 14102(a)(1)(L) of such title is amended--
(1) by inserting `Henry,' after `Grayson,'; and
(2) by inserting `Patrick,' after `Montgomery,'.
SEC. 1806. TRANSPORTATION ASSETS AND NEEDS OF DELTA REGION.
(a) Agreement.--Not later than 6 months after the date of enactment
of this Act, the Secretary shall enter into an agreement with the Delta
Regional Authority (referred to in this section as the `DRA') to
conduct a comprehensive study of transportation assets and needs for
all modes of transportation (including passenger and freight
transportation) in the 8 States comprising the Delta region (Alabama,
Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri and
Tennessee).
(b) Consultation.--Under the agreement, the DRA, in conducting the
study, shall consult with the Department of Transportation, State
transportation departments, local planning and development districts,
local and regional governments, and metropolitan planning
organizations.
(c) Report.--Under the agreement, the DRA, not later than 24 months
after the date of entry into the agreement, shall submit to the
Secretary and the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a final report on the results of the study,
together with such recommendation as the DRA considers appropriate.
(d) Plan.--Under the agreement, the DRA, upon completion of the
report, shall establish a regional strategic plan to implement the
recommendations of the report.
(e) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account), $500,000 for each of the fiscal
years 2005 and 2006 to carry out this section.
(2) Contract authority.--Funds authorized by this section
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 and shall not be transferable.
SEC. 1807. TOLL FACILITIES WORKPLACE SAFETY STUDY.
(a) In General.--The Secretary shall conduct a study on the safety
of highway toll collection facilities, including toll booths, to
determine the safety of the facilities for the toll collectors who work
in and around the facilities, including consideration of--
(1) the effect of design or construction of the facilities
on the likelihood of vehicle collisions with the facilities;
(2) the safety of crosswalks used by toll collectors in
transit to and from toll booths;
(3) the extent of the enforcement of speed limits in the
vicinity of the facilities;
(4) the use of warning devices, such as vibration and
rumble strips, to alert drivers approaching the facilities;
(5) the use of cameras to record traffic violations in the
vicinity of the facilities;
(6) the use of traffic control arms in the vicinity of the
facilities;
(7) law enforcement practices and jurisdictional issues
that affect safety in the vicinity of the facilities; and
(8) the incidence of accidents and injuries in the vicinity
of toll booths.
(b) Data Collection.--As part of the study, the Secretary shall
collect data regarding the incidence of accidents and injuries in the
vicinity of highway toll collection facilities.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
the results of the study, together with recommendations for improving
toll facilities workplace safety.
(d) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section, out of the
Highway Trust Fund (other than the Mass Transit Account),
$500,000 for fiscal year 2005.
(2) Contract authority.--Funds authorized to be
appropriated by this section 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;
expect that the Federal share of the cost of the project shall
be 100 percent, and such funds shall remain available until
expended and shall not be transferable.
SEC. 1808. PAVEMENT MARKING SYSTEMS DEMONSTRATION PROJECTS.
(a) In General.--The Secretary shall conduct a demonstration
project in the State of Alaska, and a demonstration project in the
State of Tennessee, to study the safety impacts, environmental impacts,
and cost effectiveness of different pavement marking systems and the
effect of State bidding and procurement processes on the quality of
pavement marking material employed in highway projects. The
demonstration projects shall each include an evaluation of the impacts
and effectiveness of increasing the width of pavement marking edge
lines from 4 inches to 6 inches and an evaluation of advanced acrylic
water-borne pavement markings.
(b) Report.--Not later than June 30, 2009, the Secretary shall
transmit to Congress a report on the results of the demonstration
projects, together with findings and recommendations on methods that
will optimize the cost-benefit ratio of the use of Federal funds on
pavement marking.
(c) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section, out of the
Highway Trust Fund (other than the Mass Transit Account),
$1,000,000 per fiscal year for each of the fiscal years 2005
through 2009.
(2) Contract authority.--Funds authorized to be
appropriated by this section 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;
expect that the Federal share of the cost of the demonstration
projects shall be 100 percent, and such funds shall remain
available until expended and shall not be transferable.
SEC. 1809. WORK ZONE SAFETY GRANTS.
(a) In General.--The Secretary shall establish and implement a work
zone safety grant program under which the Secretary may make grants to
nonprofit organizations to provide training to prevent or reduce
highway work zone injuries and fatalities.
(b) Eligible Activities.--Grants may be made under the program for
the following purposes:
(1) Training for construction craft workers on the
prevention of injuries and fatalities in highway and road
construction.
(2) Development of guidelines for the prevention of highway
work zone injuries and fatalities.
(3) Training for State and local government transportation
agencies and other groups implementing guidelines for the
prevention of highway work zone injuries and fatalities.
(c) 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 $5,000,000 for each of
fiscal years 2005 through 2009.
(2) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code; except that such funds shall not be
transferable.
(d) Construction Work in Alaska.--Section 114 of title 23, United
States Code, is amended by adding at the end the following:
`(c) Construction Work in Alaska.--
`(1) In general.--The Secretary shall ensure that a worker
who is employed on a remote project for the construction of a
highway or portion of a highway located on a Federal-aid system
in the State of Alaska and who is not a domiciled resident of
the locality shall receive meals and lodging.
`(2) Lodging.--The lodging under paragraph (1) shall be in
accordance with section 1910.142 of title 29, Code of Federal
Regulations (relating to temporary labor camp requirements).
`(3) Definitions.--In this subsection, the following
definitions apply:
`(A) Remote.--The term ``remote'', as used with
respect to a project, means that the project is 75
miles or more from the United States Post Office in
either Fairbanks, Anchorage, Juno, or Ketchikan,
Alaska, or is inaccessible by road in a 2-wheel drive
vehicle.
`(B) Resident.--The term ``resident'', as used with
respect to a project, means a person living within 75
miles of the midpoint of the project for at least 12
months.'.
SEC. 1810. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.
(a) Grants.--Subject to the requirements of this section, the
Secretary shall make grants to a State that--
(1) (A) has enacted and is enforcing a law that prohibits
the use of racial profiling in the enforcement of State laws
regulating the use of Federal-aid highways; and
(B) is maintaining and allows public inspection of
statistical information for each motor vehicle stop made by a
law enforcement officer on a Federal-aid highway in the State
regarding the race and ethnicity of the driver and any
passengers; or
(2) provides assurances satisfactory to the Secretary that
the State is undertaking activities to comply with the
requirements of paragraph (1).
(b) Eligible Activities.--A grant received by a State under
subsection (a) shall be used by the State--
(1) in the case of a State eligible under subsection
(a)(1), for costs of--
(A) collecting and maintaining of data on traffic
stops;
(B) evaluating the results of the data; and
(C) developing and implementing programs to reduce
the occurrence of racial profiling, including programs
to train law enforcement officers; and
(2) in the case of a State eligible under subsection
(a)(2), for costs of--
(A) activities to comply with the requirements of
subsection (a)(1); and
(B) any eligible activity under paragraph (1).
(c) Racial Profiling.--To meet the requirement of subsection
(a)(1), a State law shall prohibit, in the enforcement of State laws
regulating the use of Federal-aid highways, a State or local law
enforcement officer from using the race or ethnicity of the driver or
passengers to any degree in making routine or spontaneous law
enforcement decisions, such as ordinary traffic stops on Federal-aid
highways. Nothing in this subsection shall alter the manner in which a
State or local law enforcement officer considers race or ethnicity
whenever there is trustworthy information, relevant to the locality or
time frame, that links persons of a particular race or ethnicity to an
identified criminal incident, scheme, or organization.
(d) Limitations.--
(1) Maximum amount of grants.--The total amount of grants
received by a State under this section in a fiscal year may not
exceed 5 percent of the amount made available to carry out this
section in the fiscal year.
(2) Eligibility.--A State may not receive a grant under
subsection (a)(2) in more than 2 fiscal years.
(e) Authorization of Appropriations.--
(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 $10,000,000 for each of
fiscal years 2005 through 2009.
(2) Contract authority.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except the Federal share of the cost of
activities carried out using such funds shall be 100 percent,
and such funds shall remain available until expended and shall
not be transferable.
SEC. 1811. AMERICA'S BYWAYS RESOURCE CENTER.
(a) In General.--The Secretary shall allocate funds made available
to carry out this section to the America's Byways Resource Center
established pursuant to section 1215(b)(1) of the Transportation Equity
Act for the 21st Century (112 Stat. 209).
(b) Technical Support and Education.--
(1) Use of funds.--The Center shall use funds allocated to
the Center under this section to continue to provide technical
support and conduct educational activities for the national
scenic byways program established under section 162 of title
23, United States Code.
(2) Eligible activities.--Technical support and educational
activities carried out under this subsection shall provide
local officials and organizations associated with National
Scenic Byways and All-American Roads with proactive, technical,
and on-site customized assistance, including training,
communications (including a public awareness series),
publications, conferences, on-site meetings, and other
assistance considered appropriate to develop and sustain such
byways and roads.
(c) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $3,500,000 for each of fiscal years
2004 through 2009.
(d) Applicability of Title 23.--Funds authorized by 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 the Federal share of the cost of any project or activity
carried out under this section shall be 100 percent and such funds
shall remain available until expended and shall not be transferable.
SEC. 1812. TECHNICAL ADJUSTMENT.
(a) In General.--The donee of the vessel with the Unit
Identification Code number 13862 is deemed to be the owner of that
vessel free and clear as of September 1, 2000.
(b) Federal Claims.--All Federal claims arising from the donation
or use of the vessel described in subsection (a) are permanently
extinguished.
SEC. 1813. ROAD USER CHARGE EVALUATION PILOT PROJECT.
(a) In General.--The Secretary shall carry out a national
evaluation pilot project to assess how intelligent transportation
system technology can be applied to assess mileage-based road user
charges for the purposes of collecting revenues for the Highway Trust
Fund.
(b) Matters to Be Evaluated.--The following matters shall be
evaluated under the pilot project:
(1) Technical feasibility of imposing mileage-based road
user charges, including cost, reliability, and security of on-
board and intelligent transportation systems.
(2) Compatibility of technology for imposing such charges
with automobile and truck design.
(3) Design and testing of a collection system for such
charges that is secure, low cost, and easy to use.
(4) Methods of ensuring privacy of road users and assessing
public attitudes and views of motorists who participate in
field tests of the equipment and system.
(c) Reports.--The Secretary shall transmit annual reports on the
status of the pilot project and, not later than June 30, 2009, a final
report on the results of the pilot project, together with findings and
recommendations, to the Secretary of the Treasury, the Committee on
Transportation and Infrastructure and the Committee on Ways and Means
of the House of Representatives, and the Committee on Environment and
Public Works and the Committee on Finance of the Senate.
(d) Authorization of Appropriation.--
(1) In general.--There is authorize from the Highway Trust
Fund (other than the Mass Transit Account) to carry out this
section $1,000,000 for each of fiscal years 2005 and 2006 and
$3,500,000 for each of fiscal years 2007, 2008, and 2009.
(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code; except the Federal share of the cost of the
pilot project shall be 100 percent, and such funds shall remain
available until expended and shall not be transferable.
SEC. 1814. THOMAS P. `TIP' O'NEILL, JR. TUNNEL.
(a) Designation.--In honor of his service to the Commonwealth of
Massachusetts and the United States of America, and in recognition of
his contributions toward the construction of Central Artery Tunnel
project in Boston, the northbound and southbound tunnel of Interstate
Route 93, located in the city of Boston, which extends north of the
intersection of Interstate Route 90 and Interstate Route 93 to the
Leonard P. Zakim Bunker Hill Bridge, is designated as the `Thomas P.
``Tip'' O'Neill, Jr. Tunnel'.
(b) References.--Any reference in law, map, regulation, document,
paper, or other record of the United States to the tunnel referred to
in subsection (a) shall be deemed to be a reference to the `Thomas P.
``Tip'' O'Neill, Jr. Tunnel'.
SEC. 1815. CONFORMING AMENDMENT FOR TRANSPORTATION PLANNING SECTIONS.
(a) Metropolitan Planning.--Section 134 of title 23, United States
Code is amended to read as follows:
`Sec. 134. Metropolitan planning
`Metropolitan transportation planning programs funded under section
104(f) shall be carried out in accordance with the metropolitan
planning provisions of chapter 52, title 49, United States Code.'.
(b) Statewide Planning.--Section 135 of such title is amended to
read as follows:
`Sec. 135. Statewide planning
`Statewide transportation planning programs funded under section
104(f) shall be carried out in accordance with the statewide planning
provisions of chapter 52, title 49, United States Code.'.
SEC. 1816. DISTRIBUTION OF METROPOLITAN PLANNING FUNDS WITHIN STATES.
Section 104(f)(4) of title 23, United States Code, is amended by
adding at the end the following: `Such distribution of funds to
metropolitan planning organizations shall be made within 30 days of the
date of receipt of such funds from the Secretary.'.
SEC. 1817. TREATMENT OF OFF RAMP.
The Harbor Boulevard off ramp from Interstate Route 405 in Costa
Mesa, California, is deemed to satisfy the requirements of title 23,
United States Code, that govern the approval of the placement of ramps
off of a Federal-aid highway.
SEC. 1818. LOAN FORGIVENESS.
Debt outstanding as of the date of enactment of this Act for
project number Q-DPM-0013(001) carried out under section 108(c) of
title 23, United States Code, is deemed satisfied.
SEC. 1819. LEAD AGENCY DESIGNATION.
The public entity established under California law in 1989 to
acquire rights-of-way in northwestern California to maintain surface
transportation infrastructure is hereby designated as the lead agency
for the purpose of accepting Federal funds authorized under item 13 of
the table contained in section 1108(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2061).
SEC. 1820. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVERPASSES.
The project agreement for a Federal-aid highway project shall
provide that any debris from demolition of a bridge or overpass that is
on the Federal-aid highway must be made available for beneficial public
use by Federal, State, and local governments. Any additional cost
associated with making available the debris shall be borne by the
recipient of the debris.
SEC. 1821. HUBZONE PROGRAM.
Section 3(p)(4)(B)(ii) of the Small Business Act (15 U.S.C.
632(p)(4)(B)(ii)) is amended--
(1) in subclause (I) by striking `or' at the end;
(2) in subclause (II) by striking the period at the end and
inserting `; or' ; and
(3) by adding after subclause (II) the following:
`(III) there is located a difficult
development area, as designated by the
Secretary of Housing and Urban
Development in accordance with section
42(d)(5)(C)(iii) of the Internal
Revenue Code of 1986, within Alaska,
Hawaii, or any territory or possession
of the United States outside the 48
contiguous States.'.
SEC. 1822. TECHNICAL AMENDMENTS TO TEA 21 PROJECTS.
The table contained in section 1602 of the Transportation Equity
Act for the 21st Century (112 Stat. 257) is amended--
(1) in item number 35 by adding `and for other related
purposes' after `Yard';
(2) in item number 78 by striking `Third' and all that
follows through `Bridge' and inserting `Bayview Transportation
Improvements Project';
(3) in item number 312 by inserting `through construction'
after `engineering';
(4) in item number 800 by striking `Fairview Township' and
inserting `or other projects selected by the York County,
Pennsylvania MPO';
(5) in item number 820 by striking `Conduct' and all that
follows through `interchange' and inserting `Conduct a
transportation needs study and make improvements to I-75
interchanges in the Grayling area';
(6) in item number 897 by striking `Upgrade' and all that
follows through `interchange' and inserting `Engineering and
construction of a new access road to a development near
Interstate 57 and 167th Street in Country Club Hills';
(7) in item number 1121 by striking `Construct' and all
that follows through `Douglaston Parkway' and inserting
`Provide landscaping along both sides of the Grand Central
Parkway from 188th Street to 172nd Street';
(8) in item 1225 by striking `Construct SR 9 bypass' and
inserting `Study, design, and construct transportation
solutions for SR 9 corridor'; and
(9) in item number 1447 strike `Extend' and all that
follows through `Valparaiso' and insert `Design and
construction of interchange at I-65 and 109th Avenue, Crown
Point'.
SEC. 1823. NATIONAL WORK ZONE SAFETY INFORMATION CLEARINGHOUSE.
(a) Grants.--The Secretary shall make grants for fiscal years 2005
through 2009 to a national nonprofit foundation for the operation of
the National Work Zone Safety Information Clearinghouse, authorized by
section 358(b)(2) of Public Law 104-59, created for the purpose of
assembling and disseminating, by electronic and other means,
information relating to improvement of roadway work zone safety.
(b) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $1,000,000 for each of fiscal years
2005 through 2009.
(c) Contract Authority.--Funds authorized by this subsection shall
be available for obligation in the same manner as if the funds were
apportioned under chapter 1 of title 23, United States Code, except the
Federal share of the cost of activities carried out using such funds
shall be 100 percent, and such funds shall remain available until
expended and shall not be transferable.
SEC. 1824. TRANSPORTATION CONFORMITY.
(a) Conformity Redeterminations.--Section 176(c)(2) of the Clean
Air Act (42 U.S.C. 7506(c)) is amended by adding at the end the
following:
`(E) The appropriate metropolitan planning organization
shall redetermine conformity for existing transportation plans
and programs not later than 2 years after the date on which the
Administrator--
`(i) finds a motor vehicle emissions budget in a
submitted implementation plan 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
`(ii) approves an implementation plan under section
110(k) or promulgates an implementation plan under
section 110(c) that establishes a motor vehicle
emissions budget where there was no prior budget or
that establishes a budget that significantly varies
from any motor vehicle emissions budget in effect
pursuant to an adequacy determination in accordance
with section 93.118(e)(4) of title 40, Code of Federal
Regulations (as in effect on October 1, 2003) or as
part of an implementation plan approved or promulgated
under section 110.'.
(b) Frequency of Conformity Determination Updates.--Section
176(c)(4) of the Clean Air Act (42 U.S.C. 7506(c)(4)) is amended
follows:
(1) By striking `one year after the date of enactment of
the Clean Air Act Amendments of 1990' and inserting `one year
after the date of enactment of the Transportation Equity Act: A
Legacy for Users' .
(2) In subparagraph (B) by amending clause (ii) to read as
follows:
`(ii) provide that conformity determinations for
transportation plans and programs be determined every 4 years
in areas designated as nonattainment or redesignated to
attainment (unless a metropolitan planning organization as
designated in section 5213(b) of title 49, United States Code,
elects to update a transportation plan and program more
frequently or is required to determine conformity in accordance
with paragraph (2)(E)).'.
(c) Time Horizon for Conformity Determinations in Nonattainment
Areas.--Subsection (c) of section 176 of the Clean Air Act (42 U.S.C.
7506(c)) is amended by adding the following new paragraph at the end
thereof:
`(7) Time horizon for determinations.--Each conformity
determination required under this section for a transportation
plan under section 5213(g) of title 49 of the United States
Code shall require a demonstration of conformity during the
period ending on either the final year of the transportation
plan or, at the election of the metropolitan planning
organization and an air pollution control agency, as defined in
section 302(b), if such air pollution control agency is
responsible for developing plans or controlling air pollution
within the area covered by the transportation plan on the later
of the following dates (hereinafter in this paragraph referred
to as the ``final transportation conformity date''):
`(A) The tenth year of the transportation plan.
`(B) The attainment date set forth in the
applicable implementation plan for the air pollutant
concerned.
`(C) The year after the completion of a regionally
significant project, if the project will be programmed
in the transportation improvement program or requires
approval before the subsequent conformity
determination.
Such conformity determination shall be accompanied by a
regional emissions analysis for any years of the transportation
plan that extend beyond such final conformity date. In the 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 October 1, 2003), or has
approved the revision, the demonstration of conformity (at the
election of the metropolitan planning organization and an air
pollution control agency, as defined in section 302(b), if such
air pollution control agency is responsible for developing
plans or controlling pollution within the area covered by the
transportation plan) and the metropolitan planning organization
shall be required to extend only through the last year of the
implementation plan required under section 175A(b).'.
(d) Substitution of Transportation Control Measures.--Subsection
176(c) of the Clean Air Act (42 U.S.C. 7506(c)) is amended by adding at
the end the end the following new paragraph:
`(8)(A) Transportation control measures that are specified
in an implementation plan may be replaced in the implementation
plan with substitute transportation control measures if--
`(i) the substitute measures achieve equivalent or
greater emission reductions than the control measures
to be replaced, as determined by the Administrator;
`(ii) the substitute measures utilize an emissions
impact analysis that is consistent with the current
methodology used for evaluating replaced control
measures in the implementation plan;
`(iii) the substitute control measures are
implemented not later than the date on which such
emission reductions are necessary to achieve the
purpose of the implementation plan;
`(iv) the substitute control measures were
developed with reasonable public notice and the
opportunity for comments; and
`(v) the metropolitan planning organization finds
that adequate funding is included in the transportation
improvement program to ensure timely implementation of
the substitute control measures.
`(B) After the requirements of subparagraph (A) are met, a
State may adopt the substitute measures in the applicable
implementation plan within a reasonable period of time.
`(C) The substitution of a transportation control measure
in accordance with this paragraph shall not be contingent on
the existence of any provision in the applicable implementation
plan that expressly permits such substitution.
`(D) The substitution 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 applicable implementation
plan.
`(E) 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 adopted.
`(F) Adoption of a substitute control measure shall
constitute rescission of the previously applicable control
measure.
Transportation control measures may be added to an implementation plan
subject to subparagraphs (B), (C), and (D), on the same basis as if
such measures were substitute transportation control measures if such
measures do not increase emissions for which limitations have been
established in an implementation plan, and such measures meet the
requirements of clauses (ii), (iii), (iv), and (v) of subparagraph
(A).'.
(e) Lapse of Conformity.--Subsection (c) of section 176 of the
Clean Air Act (42 U.S.C. 7506(c)) is amended by adding the following
new paragraphs at the end thereof:
`(9) Lapse of conformity.--If a conformity determination
required under this subsection for a transportation plan under
section 5213(g) of title 49 of the United States Code or a
transportation improvement program under section 5213(h) of
title 49 of the United States Code is not made by the
applicable deadline and such failure is not corrected by
additional measures to either reduce motor vehicle emissions
sufficient to demonstrate compliance with the requirements of
this subsection within 12 months after such deadline or other
measures sufficient to correct such failures, the
transportation plan shall lapse.
`(10) Lapse.--The term ``lapse'' means that the conformity
determination for a transportation plan or transportation
improvement program has expired, and thus there is no currently
conforming transportation plan or transportation improvement
program.'.
SEC. 1825. ELIGIBILITY TO PARTICIPATE IN WESTERN ALASKA COMMUNITY
DEVELOPMENT QUOTA PROGRAM.
A community is deemed to be eligible to participate in the western
Alaska community development quota program established under section
305(i) of the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1855(i)) if the community--
(1) is listed in table 7 to part 679 of title 50, Code of
Federal Regulations, as in effect on March 8, 2004; or
(2) was determined to be eligible participate in such
program by the National Marine Fisheries Service on April 19,
1999.
SEC. 1826. METROPOLITAN REGIONAL FREIGHT AND PASSENGER TRANSPORTATION
STUDY.
(a) In General.--The Secretary shall enter into an agreement with a
partnership comprised of 2 institutions of higher learning to study
metropolitan regional freight and passenger transportation and system-
wide performance utilizing an interdisciplinary technique of supply
chain management, geographic information systems, and urban/suburban
planning and management.
(b) Contents of Study.--The study under this section shall include,
at a minimum, evaluations of--
(1) best practices for regional transportation operations
and management;
(2) relationships among truck trip generation and economic
activities;
(3) spatial analysis of the distribution of economic
activity and transportation investments;
(4) congestion mitigation and management of air quality
through the concentration of modeling and technology;
(5) supply chain management and geographic information
systems; and
(6) infrastructure management and renewal.
(c) Federal Share.--The Federal share of the cost of the study
under this section shall be 100 percent.
(d) Funding.--Of the amounts made available to carry out section
1305 for each of fiscal years 2005 through 2009, $1,800,000 shall be
made available to carry out this section.
SEC. 1827. INTERMODAL TRANSPORTATION FACILITY EXPANSION.
Any Federal and non-Federal share provided for the Port of
Anchorage for an intermodal transportation marine facility or for
access to that facility shall be transferred to and administered by the
Administrator of the Maritime Administration.
SEC. 1828. ADVANCED TRUCK STOP ELECTRIFICATION SYSTEM.
(a) Definition.--Section 101(a) of title 23, United States Code, as
amended by section 1202 of this Act, is further amended by adding at
the end the following:
`(40) Advanced truck stop electrification system.--The term
``advanced truck stop electrification system'' means a
stationary system that delivers heat, air conditioning,
electricity, and communications, and is capable of providing
verifiable evidence of use of those services, to a heavy-duty
vehicle and any occupants of the heavy-duty vehicle without
relying on components mounted onboard the heavy-duty vehicle
for delivery of those services.'.
(b) Eligibility Under STP.--Section 133(b)(6) of such title is
amended by inserting `, including advanced truck stop electrification
systems' before the period at the end.
SEC. 1829. TECHNOLOGY.
States are encouraged to consider using a non-destructive
technology able to detect cracks including sub-surface flaws as small
as 0.005 inches in length or depth in steel bridges.
SEC. 1830. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM AXLE
WEIGHT RESTRICTIONS.
Section 1023(h)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 127 note; 106 Stat. 1552) is amended
by striking `2005' and inserting `2009'.
SEC. 1831. MOTORCYCLIST ADVISORY COUNCIL.
(a) In General.--The Secretary, acting through the Administrator of
the Federal Highway Administration, in consultation with the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate, shall
appoint a Motorcyclist Advisory Council to coordinate with and advise
the Administrator on infrastructure issues of concern to motorcyclists,
including--
(1) barrier design;
(2) road design, construction, and maintenance practices;
and
(3) the architecture and implementation of intelligent
transportation system technologies.
(b) Composition.--The Council shall consist of not more than 10
members of the motorcycling community with professional expertise in
national motorcyclist safety advocacy, including--
(1) at least--
(A) 1 member recommended by a national motorcyclist
association;
(B) 1 member recommended by a national motorcycle
riders foundation;
(C) 1 representative of the National Association of
State Motorcycle Safety Administrators;
(D) 2 members of State motorcyclists'
organizations;
(E) 1 member recommended by a national organization
that represents the builders of highway infrastructure;
(F) 1 member recommended by a national association
that represents the traffic safety systems industry;
and
(G) 1 member of a national safety organization; and
(2) at least 1, and not more than 2, motorcyclists who are
traffic system design engineers or State transportation
department officials.
SEC. 1832. SHARING OF MONETARY RECOVERIES.
Notwithstanding any other provision of law, monetary judgments
accruing to the Government from judgments in Federal criminal
prosecutions and civil proceedings pertaining to fraud in Federally
funded highway and public transportation projects and programs shall be
treated as follows:
(1) Any amount less than or equal to the single damages
incurred as the result of such fraud shall be credited to the
Federal account from which the funds for the project or program
that is at issue in the fraud came, except to the extent that
such Federal account has been credited as the result of any
judgment in favor of a grant recipient.
(2) Any amount in excess of the amount credited pursuant to
paragraph (1) shall be shared with the State or other recipient
involved if--
(A) the State or other recipient enters into a
legally binding agreement with the Secretary to use the
funds for a purpose eligible for Federal assistance
under title 23 or chapter 53 of title 49, United States
Code, as the case may be;
(B) the amount to be shared with the State or other
recipient is determined by the Attorney General, in
consultation with the Secretary; and
(C) the Attorney General, in consultation with the
Secretary, determines that the fraud did not occur as a
result of negligent oversight or actual involvement in
the fraud by the State or other recipient or any senior
official of the State or other recipient.
SEC. 1833. ELIGIBILITY UNDER CMAQ.
Section 149(b)(4) of title 23, United States Code is amended by
inserting `, including advanced truck stop electrification systems,'
after `facility or program'.
SEC. 1834. SPECIAL RULE FOR FISCAL YEAR 2004.
In any case in which an amount is authorized to be appropriated,
made available, allocated, set aside, taken down, or subject to an
obligation limitation for fiscal year 2004 for a program, project, or
activity in any provision of this title, including an amendment made by
this title, that is different than the amount authorized to be
appropriated, made available, allocated, set aside, taken down, or
subject to an obligation limitation for fiscal year 2004 for such
program, project, or activity in any provision of the Surface
Transportation Extension Act of 2004, Part V (Public Law 108-310),
including any amendment made by such Act, the amount referred to in
such Act shall be the amount authorized to be appropriated, made
available, allocated, set aside, taken down, or subject to an
obligation limitation.
TITLE II--HIGHWAY SAFETY
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) Highway safety programs.--For carrying out section 402
of title 23, United States Code, $164,027,000 for fiscal year
2004, $163,680,000 for fiscal year 2005, $229,000,000 for
fiscal year 2006, $232,000,000 for fiscal year 2007,
$238,000,000 for fiscal year 2008, and $245,000,000 for fiscal
year 2009.
(2) Occupant protection incentive grants.--For carrying out
section 405 of title 23, United States Code, $19,882,000 for
fiscal year 2004, $19,840,000 for fiscal year 2005,
$136,000,000 for fiscal year 2006, $139,000,000 for fiscal year
2007, $143,000,000 for fiscal year 2008, and $150,000,000 for
fiscal year 2009.
(3) Alcohol-impaired driving countermeasures incentive
grant program.--For carrying out section 410 of title 23,
United States Code, $39,764,000 for fiscal year 2004,
$39,680,000 for fiscal year 2005, $129,000,000 for fiscal year
2006, $133,000,000 for fiscal year 2007, $138,000,000 for
fiscal year 2008, and $144,000,000 for fiscal year 2009.
(4) State traffic safety information improvements.--For
carrying out section 412 of title 23, United States Code,
$30,000,000 for fiscal year 2006, $35,000,000 for fiscal year
2007, $40,000,000 for fiscal year 2008, and $40,000,000 for
fiscal year 2009.
(5) National driver register.--For carrying out chapter 303
of title 49, United States Code, by the National Highway
Traffic Safety Administration, $3,976,000 for fiscal year 2004,
$3,968,000 for fiscal year 2005, and $4,000,000 for each of
fiscal years 2006 through 2009.
(6) High visibility enforcement program.--For carrying out
section 2005 of this title, $15,000,000 for each of fiscal
years 2006 through 2009.
(b) Applicability of Title 23.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and this title, amounts made
available under subsection (a) for each of fiscal years 2004 through
2009 shall be available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23, United States Code.
(c) Transfers.--In each fiscal year, the Secretary may transfer any
amounts remaining available under paragraph (2), (3), or (4) of
subsection (a) to the amounts made available under any other of such
paragraphs in order to ensure, to the maximum extent possible, that
each State receives the maximum incentive funding for which the State
is eligible under sections 405, 410, and 412 of title 23, United States
Code.
SEC. 2002. OCCUPANT PROTECTION INCENTIVE GRANTS.
(a) General Authority.--Section 405(a) of title 23, United States
Code, is amended--
(1) in paragraph (2) by striking `Transportation Equity Act
for the 21st Century' and inserting `Transportation Equity Act:
A Legacy for Users';
(2) in paragraph (3) by striking `1997' and inserting
`2003'; and
(3) in paragraphs (4)(A), (4)(B), and (4)(C) by inserting
after `years' the following: `beginning after September 30,
2003,'.
(b) Grant Eligibility.--Section 405(b) of title 23, United States
Code, is amended by striking `A State shall become eligible' and
inserting the following: `A State shall be eligible for a grant under
this section if the State has a seat belt usage rate of 85 percent or
greater as of the date of the grant, as determined by the Secretary. A
State shall also become eligible'.
(c) Grant Amounts.--Section 405(c) of title 23, United States Code,
is amended--
(1) by striking `25 percent' and inserting `100 percent';
and
(2) by striking `1997' and inserting `2003'.
SEC. 2003. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.
(a) General Authority.--Section 410(a) of title 23, United States
Code, is amended--
(1) in paragraph (2) by striking `Transportation Equity Act
for the 21st Century' and inserting `Transportation Equity Act:
A Legacy for Users';
(2) in paragraph (3) by striking `1997' and inserting
`2003'; and
(3) in paragraphs (4)(A), (4)(B), and (4)(C) by inserting
after `years' the following: `beginning after September 30,
2003,'.
(b) Basic Grant a.--Section 410(b)(1) of title 23, United States
Code, is amended--
(1) by striking `A State shall become eligible' and
inserting the following: `A State shall be eligible for a grant
under this paragraph if the State has an alcohol-related
fatality rate per 100,000,000 vehicle miles traveled of 0.5 or
less as of the date of the grant, as determined by the
Secretary using the Fatality Analysis Reporting System of the
National Highway Traffic Safety Administration. A State shall
also become eligible';
(2) by striking `at least 5 of' and inserting `at least 6
of';
(3) in subparagraph (A)--
(A) by striking `and' at the end of clause (i)(II);
(B) by striking the period at the end of clause
(ii) and inserting a semicolon; and
(C) by adding at the end the following:
`(iii) the suspension referred to under
clause (i)(I) may allow an individual to
operate a motor vehicle, after the 15-day
period beginning on the date of the suspension,
to and from employment, school, or an alcohol
treatment program if an ignition interlock
device is installed on each of the motor
vehicles owned or operated, or both, by the
individual; and
`(iv) the suspension and revocation
referred to under clause (i)(II) may allow an
individual to operate a motor vehicle, after
the 45-day period beginning on the date of the
suspension or revocation, to and from
employment, school, or an alcohol treatment
program if an ignition interlock device is
installed on each of the motor vehicles owned
or operated, or both, by the individual.';
(4) in subparagraph (B)--
(A) by striking `may include the issuance' and
inserting the following:
`may include--
`(i) the issuance'; and
(B) by striking the period at the end and inserting
`; and' and the following:
`(ii) a program provided by a nonprofit
organization for training point of sale
personnel concerning, at a minimum, the
following:
`(I) the clinical effects of
alcohol;
`(II) methods of preventing second
party sales of alcohol;
`(III) recognizing signs of
intoxication;
`(IV) methods to prevent underage
drinking;
`(V) Federal, State, and local laws
that are relevant to such personnel.';
(5) by striking subparagraph (F) and inserting the
following:
`(F) Outreach program.--A judicial and
prosecutorial education, training, and outreach program
that provides information on the appropriateness and
effectiveness of sentencing options.'; and
(6) by adding at the end the following:
`(H) Self-sustaining drunk driving prevention
program.--A self-sustaining drunk driving prevention
program under which a significant portion of the fines
or surcharges collected from individuals apprehended
and fined for operating a motor vehicle while under the
influence of alcohol are returned to those communities
that have comprehensive programs for the prevention of
such operations of motor vehicles.
`(I) Programs for effective alcohol
rehabilitation.--A program for effective inpatient and
outpatient alcohol rehabilitation based on mandatory
assessment and appropriate treatment for repeat
offenders described in subparagraph (A)(i)(II).'.
(c) Basic Grant B.--Section 410(b) of title 23, United States Code,
is amended--
(1) by striking paragraph (2) and inserting the following:
`(2) Basic grant b.--A State shall become eligible for a
grant under this paragraph if the State--
`(A) has an alcohol-related fatality rate per
100,000,000 vehicle miles traveled of 0.8 or more as of
the date of the grant, as determined by the Secretary
using the Fatality Analysis Reporting System of the
National Highway Traffic Safety Administration; and
`(B) establishes, subject to such requirements as
the Secretary may prescribe, a task force to evaluate
and recommend changes to the State's drunk driving
programs.'; and
(2) in paragraph (3)--
(A) by striking `25 percent' and inserting `100
percent'; and
(B) by striking `1997' and inserting `2003'.
(d) Supplemental Grants.--Section 410(c) of title 23, United States
Code, is amended to read as follows:
`(c) Allocation for Basic Grants B.--Not more than $20,000,000 per
fiscal year of amounts made available to carry out this section shall
be available for making grants under subsection (b)(2).'.
(e) Effective Date.--The amendments made by this section shall take
effect on September 30, 2005.
SEC. 2004. STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.
(a) In General.--Chapter 4 of title 23, United States Code, is
amended by adding at the end the following:
`Sec. 412. State traffic safety information system improvements
`(a) General Authority.--
`(1) Authority to make grants.--Subject to the requirements
of this section, the Secretary shall make grants to States that
adopt and implement effective programs to--
`(A) improve the timeliness, accuracy,
completeness, uniformity, integration, and
accessibility of the safety data of the State that is
needed to identify priorities for national, State, and
local highway and traffic safety programs;
`(B) evaluate the effectiveness of efforts to make
such improvements;
`(C) link these State data systems, including
traffic records, with other data systems within the
State, such as systems that contain medical, roadway,
and economic data; and
`(D) improve the compatibility and interoperability
of the data systems of the State with national data
systems and data systems of other States and enhance
the ability of the Secretary to observe and analyze
national trends in crash occurrences, rates, outcomes,
and circumstances.
`(2) Use of grants.--A State may use a grant received under
this section only to implement such programs.
`(3) Model data elements.--The Secretary, in consultation
with States and other appropriate parties, shall determine the
model data elements necessary to observe and analyze State and
national trends in crash occurrences, rates, outcomes, and
circumstances. In order to become eligible for a grant under
this section, a State shall certify to the Secretary the
State's adoption and use of such model data elements.
`(4) Maintenance of effort.--No grant may be made to a
State under this section in any fiscal year unless the State
enters into such agreements with the Secretary as the Secretary
may require ensuring that the State will maintain its aggregate
expenditures from all other sources for highway safety data
programs at or above the average level of such expenditures in
the 2 fiscal years preceding the date of enactment of this
section.
`(5) Federal share.--The Federal share of the cost of
implementing in a fiscal year a program of a State pursuant to
paragraph (1) shall not exceed 80 percent.
`(b) First-Year Grants.--To be eligible for a first-year grant
under this section, a State shall demonstrate to the satisfaction of
the Secretary that the State has--
`(1) established a highway safety data and traffic records
coordinating committee with a multidisciplinary membership that
includes, among others, managers, collectors, and users of
traffic records and public health and injury control data
systems; and
`(2) developed a multiyear highway safety data and traffic
records system strategic plan that addresses existing
deficiencies in the State's highway safety data and traffic
records system and is approved by the highway safety data and
traffic records coordinating committee and--
`(A) specifies how existing deficiencies in the
State's highway safety data and traffic records system
were identified;
`(B) prioritizes, based on the identified highway
safety data and traffic records system deficiencies,
the highway safety data and traffic records system
needs and goals of the State, including the activities
described in subsection (a)(1);
`(C) identifies performance-based measures by which
progress toward those goals will be determined;
`(D) specifies how the grant funds and any other
funds of the State will be used to address needs and
goals identified in the multiyear plan; and
`(E) includes a current report on the progress in
implementing the multiyear plan that documents progress
toward the specified goals.
`(c) Succeeding-Year Grants.--
`(1) Eligibility.--A State shall be eligible for a grant
under this section in a fiscal year succeeding the first fiscal
year in which the State receives a grant under subsection (b)
if the State, to the satisfaction of the Secretary--
`(A) submits an updated multiyear plan that meets
the requirements of subsection (b)(2);
`(B) certifies that its highway safety data and
traffic records coordinating committee continues to
operate and supports the multiyear plan;
`(C) specifies how the grant funds and any other
funds of the State will be used to address needs and
goals identified in the multiyear plan;
`(D) demonstrates measurable progress toward
achieving the goals and objectives identified in the
multiyear plan; and
`(E) includes a current report on the progress in
implementing the multiyear plan.
`(d) Grant Amounts.--
`(1) In general.--The amount of a grant made to a State for
a fiscal year under this section shall equal an amount
determined by multiplying--
`(A) the amount appropriated to carry out this
section for such fiscal year; by
`(B) the ratio that the funds apportioned to the
State under section 402 for fiscal year 2003 bears to
the funds apportioned to all States under section 402
for fiscal year 2003.
`(2) Minimum amount.--Notwithstanding subparagraph (A)--
`(A) a State eligible for a first-year grant under
this section shall not receive less than $300,000; and
`(B) a State eligible for a succeeding-year grant
under this section shall not receive less than
$500,000.
`(e) Administrative Expenses.--Funds authorized to be appropriated
to carry out this section in a fiscal year shall be subject to a
deduction not to exceed 5 percent for the necessary costs of
administering the provisions of this section.
`(f) Applicability of Chapter 1.--The provisions contained in
section 402(d) shall apply to this section.'.
(b) Conforming Amendment.--The analysis for chapter 4 of title 23,
United States Code, is amended by adding at the end the following:
`412. State traffic safety information system improvements.'.
SEC. 2005. HIGH VISIBILITY ENFORCEMENT PROGRAM.
The Secretary shall establish a program to support national
impaired driving mobilization and enforcement efforts and national
safety belt mobilization and enforcement, including the purchase of
national paid advertisement (including production and placement) to
support such efforts.
SEC. 2006. MOTORCYCLE CRASH CAUSATION STUDY.
(a) In General.--Using funds made available to carry out section
403 of title 23, United States Code, the Secretary shall conduct a
study of the causes of motorcycle crashes.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall transmit to Congress a report on the
results of the study.
SEC. 2007. CHILD SAFETY AND CHILD BOOSTER SEAT INCENTIVE GRANTS.
(a) General Authority.--Subject to the requirements of this
section, the Secretary shall make grants to States that enact or have
enacted and are enforcing a law requiring that children riding in
passenger motor vehicles who are too large to be secured in a child
safety seat be secured in a child restraint that meets the requirements
prescribed by the Secretary under section 3 of Anton's Law (116 Stat.
2772).
(b) Maintenance of Effort.--No grant may be made to a State under
this section in a fiscal year unless the State enters into such
agreements with the Secretary as the Secretary may require to ensure
that the State will maintain its aggregate expenditures from all other
sources for child safety seat and child booster seat programs at or
above the average level of such expenditures in its 2 fiscal years
preceding the date of enactment of this Act.
(c) Federal Share.--The Federal share of the cost of implementing
and enforcing in a fiscal year a law adopted by a State under
subsection (a) shall not exceed--
(1) for the first 3 fiscal years for which a State receives
a grant under this section, 75 percent; and
(2) for the fourth fiscal year for which a State receives a
grant under this section, 50 percent.
(d) Grant Eligibility.--
(1) In general.--A State is eligible for a grant under this
section if the State has in effect and enforces a law described
in subsection (a).
(2) Maximum period of eligibility.--No State may receive
grants under this section in more than 4 fiscal years beginning
after September 30, 2005.
(e) Eligible Uses of Funds.--A State may use a grant under this
section only to carry out child safety seat and child booster seat
programs, including the following:
(1) A program to educate the public concerning the proper
use and installation of child safety seats and child booster
seats.
(2) A program to train child passenger safety
professionals, police officers, fire and emergency medical
personnel, and educators concerning all aspects of the use of
child safety seats and booster seats.
(3) A program to purchase and distribute child safety
seats, child booster seats, and other appropriate passenger
motor vehicle child restraints to families that cannot
otherwise afford such seats or restraints.
(4) A program to support enforcement of child restraint
laws.
(f) Grant Amount.--The amount of a grant to a State for a fiscal
year under this section may not exceed 25 percent of the amount
apportioned to the State for fiscal year 2003 under section 402 of
title 23, United States Code.
(g) 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 2.5 percent for the necessary costs of
administering the provisions of this section.
(h) Applicability of Chapter 1.--The provisions contained in
section 402(d) of title 23, United States Code, apply to this section.
(i) Report.--Each State to which a grant is made under this section
shall transmit to the Secretary a report documenting the manner in
which grant amounts were obligated and expended and identifying the
specific programs carried out with or supported by grant funds. The
report shall be in a form prescribed by the Secretary and may be
combined with other State grant reporting requirements under of chapter
4 of title 23, United States Code.
(j) Definitions.--In this section, the following definitions apply:
(1) Child restraint.--The term `child restraint' means any
product designed to provide restraint to a child (including
booster seats and other products used with a lap and shoulder
belt assembly) that meets applicable Federal motor vehicle
safety standards prescribed by the National Highway Traffic
Safety Administration.
(2) Child safety seat.--The term `child safety seat' has
the meaning such term has in section 405(f) of title 23, United
States Code.
(3) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning such term has in such section 405(f).
(4) State.--The term `State' has the meaning such term has
in section 101 (a) of such title.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section from the Highway Trust Fund
(other than the Mass Transit Account) $6,000,000 for each of fiscal
years 2006 through 2008 and $7,000,000 for fiscal year 2009.
SEC. 2008. MOTORCYCLIST SAFETY.
(a) Authority to Make Grants.--Subject to the requirements of this
section, the Secretary shall make grants to States that adopt and
implement effective programs to reduce the number of single- and multi-
vehicle crashes involving motorcyclists.
(b) Maintenance of Effort.--No grant may be made to a State under
this section in a fiscal year unless the State enters into such
agreements with the Secretary as the Secretary may require to ensure
that the State will maintain its aggregate expenditures from all the
other sources for motorcyclist safety training programs and
motorcyclist awareness programs at or above the average level of such
expenditures in its 2 fiscal years preceding the date of enactment of
this Act.
(c) Maximum Period of Eligibility.--No State may receive grants
under this section in more than 4 fiscal years beginning after
September 30, 2005.
(d) Federal Share.--The Federal share of the cost of implementing
and enforcing, as appropriate, in a fiscal year a program adopted by a
State in accordance with subsection (a) shall not exceed--
(1) for the first 3 years for which a State receives a
grant under this section, 75 percent; and
(2) for the fourth fiscal year for which a State receives a
grant under this section, 50 percent.
(e) Grant Eligibility.--
(1) In general.--A State becomes eligible for a grant under
this section by adopting or demonstrating to the satisfaction
of the Secretary--
(A) for the first fiscal year for which the State
will receive a grant under this section, at least 1 of
the 6 criteria listed in paragraph (2);
(B) for the second, third, and fourth fiscal years
for which the State will receive a grant under this
section, at least 2 of the 6 criteria listed in
paragraph (2); and
(C) for any subsequent fiscal years for which the
State will receive a grant under this section, at least
3 of the 6 criteria listed in paragraph (2).
(2) Criteria.--The criteria for eligibility for a grant
under this section are the following:
(A) Motorcycle rider training courses.--An
effective motorcycle rider training course that is
offered throughout the State, provides a formal program
of instruction in accident avoidance and other safety-
oriented operational skills to motorcyclists, and may
include innovative training opportunities to meet
unique regional needs.
(B) Motorcyclists awareness program.--An effective
statewide program to enhance motorist awareness of the
presence of motorcyclists on or near roadways and safe
driving practices that avoid injuries to motorcyclists.
(C) Reduction of fatalities and crashes involving
motorcycles.--A reduction for the preceding calendar
year in the number of motorcycle fatalities and the
rate of motor vehicle crashes involving motorcycles in
the State (expressed as a function of 10,000 motorcycle
registrations).
(D) Impaired driving program.--Implementation of a
statewide program to reduce impaired driving, including
specific measures to reduce impaired motorcycle
operation.
(E) Reduction of fatalities and accidents involving
impaired motorcyclists.--A reduction for the preceding
calendar year in the number of fatalities and the rate
of reported crashes involving alcohol- or drug-impaired
motorcycle operators (expressed as a function of 10,000
motorcycle registrations).
(F) Fees collected from motorcyclists.--All fees
collected by the State from motorcyclists for the
purposes of funding motorcycle training and safety
programs are used for motorcycle training and safety
programs.
(f) Eligible Uses.--
(1) In general.--A State may use funds from a grant under
this section only for motorcyclist safety training and
motorcyclist awareness programs, including--
(A) improvements to motorcyclist safety training
curricula;
(B) improvements in program delivery of motorcycle
training to both urban and rural areas, including--
(i) procurement or repair of practice
motorcycles;
(ii) instructional materials;
(iii) mobile training units; and
(iv) leasing or purchase of facilities for
classroom instruction and closed-course skill
training;
(C) measures designed to increase the recruitment
or retention of motorcyclist safety training
instructors; and
(D) public awareness, public service announcements,
and other outreach programs to enhance motorcyclist
awareness.
(2) Suballocations of funds.--An agency that receives a
grant under this section may suballocate funds from the grant
to a nonprofit organization incorporated in that State to carry
out under this section.
(g) Definitions.--In this section, the following definitions apply:
(1) Motorcyclist safety training.--The term `motorcyclist
safety training' means a formal program of instruction that--
(A) provides accident avoidance and other safety-
oriented operational skills to motorcyclists; and
(B) is approved for use in a State by the
designated State authority having jurisdiction over
motorcyclist safety issues.
(2) Motorcyclist awareness.--The term `motorcyclist
awareness' means individual or collective awareness of--
(A) the presence of motorcycles on or near
roadways; and
(B) safe driving practices that avoid injury to
motorcyclists.
(3) Motorcyclist awareness program.--The term `motorcyclist
awareness program' means an informational or public awareness
program designed to enhance motorcyclist awareness that is
developed by or in coordination with the designated State
authority having jurisdiction over motorcyclist safety issues.
(4) State.--The term `State' has the same meaning such term
has in section 101(a) of title 23, United States Code.
(h) Maximum Grant Amount.--The amount of a grant made to a State
for a fiscal year under this section may not exceed 25 percent of the
amount apportioned to the State for fiscal year 2003 under section 402
of title 23, United States Code.
(i) Administrative Expenses.--Funds authorized to be appropriated
to carry out this section in a fiscal year shall be subject to a
deduction by the Secretary not to exceed 5 percent for the necessary
costs of administering the provisions of this section.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section from the Highway Trust Fund
(other than the Mass Transit Account) $6,000,000 for each of fiscal
years 2006 through 2008 and $7,000,000 for fiscal year 2009.
(k) Applicability of Title 23.--Funds authorized 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 such funds shall not be transferable.
SEC. 2009. DRIVER FATIGUE.
Section 402(a) of title 23, United States Code, is amended--
(1) by striking `and' before `(6)'; and
(2) by inserting before the period the following: `; and
(7) to reduce deaths and injuries resulting from persons
driving motor vehicles while fatigued'.
SEC. 2010. AUTHORIZATION OF APPROPRIATIONS FOR HIGHWAY SAFETY RESEARCH
AND DEVELOPMENT.
(a) In General.--There is authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit Account) for carrying
out section 403 of title 23, United States Code, $71,575,000 for fiscal
year 2004, $71,424,000 for fiscal year 2005, and $75,000,000 for each
of fiscal years 2006 through 2009.
(b) Applicability of Title 23.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and this title, amounts made
available under subsection (a) for each of fiscal years 2004 through
2009 shall be available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23, United States Code.
SEC. 2011. SAFETY DATA.
(a) In General.--Using funds made available to carry out section
403 of title 23, United States Code, for fiscal years 2005 through
2009, the Secretary shall collect data and compile statistics on
accidents involving motor vehicles being backed up that result in
fatalities and injuries and that occur on public and nonpublic roads
and residential and commercial driveways and parking facilities.
(b) Report.--Not later than January 1, 2009, the Secretary shall
transmit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on accidents described in
subsection (a), including the data collected and statistics compiled
under subsection (a) and any recommendations regarding measures to be
taken to reduce the number of such accidents and the resulting
fatalities and injuries.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
SEC. 3001. SHORT TITLE; AMENDMENTS TO TITLE 49, UNITED STATES CODE.
(a) Short Title.--This title may be cited as the `Federal Public
Transportation Act of 2005'.
(b) Amendments to Title 49, United States Code.--Except as
otherwise specifically provided, whenever in this title an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision of law, the reference shall be considered to
be made to a section or other provision of title 49, United States
Code.
SEC. 3002. POLICIES, FINDINGS, AND PURPOSES.
(a) In General.--Section 5301(a) is amended to read as follows:
`(a) Development and Revitalization of Public Transportation
Systems.--It is in the interest of the United States to foster the
development and revitalization of public transportation systems that--
`(1) maximize the safe, secure, and efficient mobility of
individuals;
`(2) minimize environmental impacts; and
`(3) minimize transportation-related fuel consumption and
reliance on foreign oil.'.
(b) Preserving the Environment.--Section 5301(e) is amended--
(1) by striking `an urban' and inserting `a'; and
(2) by striking `under sections 5309 and 5310 of this
title'.
(c) General Purposes.--Section 5301(f) is amended--
(1) in paragraph (1)--
(A) by striking `mass' the first place it appears
and inserting `public'; and
(B) by striking `public and private mass
transportation companies' and inserting `both public
transportation companies and private companies engaged
in public transportation';
(2) in paragraph (2)--
(A) by striking `urban mass' and inserting
`public'; and
(B) by striking `public and private mass
transportation companies' and inserting `both public
transportation companies and private companies engaged
in public transportation';
(3) in paragraph (3)--
(A) by striking `urban mass' and inserting
`public'; and
(B) by striking `public or private mass
transportation companies' and inserting `public
transportation companies or private companies engaged
in public transportation'; and
(4) in paragraph (5) by striking `urban mass' and inserting
`public'.
SEC. 3003. DEFINITIONS.
(a) Lead-in.--Section 5302(a) is amended in the matter preceding
paragraph (1) by striking `In this chapter' and inserting `Except as
otherwise specifically provided, in this chapter'.
(b) Capital Project.--Section 5302(a)(1) is amended--
(1) in subparagraph (G) by inserting `construction,
renovation, and improvement of intercity bus stations and
terminals,' before `and the renovation and improvement of
historic transportation facilities,';
(2) in subparagraph (G)(ii) by inserting `(other than an
intercity bus station or terminal)' after `commercial revenue-
producing facility';
(3) by striking `or' at the end of subparagraph (H);
(4) by striking the period at the end of subparagraph (I)
and inserting a semicolon; and
(5) by adding at the end the following:
`(J) crime prevention and security--
`(i) including--
`(I) projects to refine and develop
security and emergency response plans;
`(II) projects aimed at detecting
chemical and biological agents in
public transportation;
`(III) the conduct of emergency
response drills with public
transportation agencies and local first
response agencies; and
`(IV) security training for public
transportation employees; but
`(ii) excluding all expenses related to
operations, other than such expenses incurred
in conducting activities described in
subclauses (III) and (IV);
`(K) establishment of a debt service reserve made
up of deposits with a bondholders' trustee in a
noninterest bearing account for the purpose of ensuring
timely payment of principal and interest on bonds
issued by a grant recipient for purposes of financing
an eligible project under this chapter; or
`(L) mobility management--
`(i) consisting of short-range planning and
management activities and projects for
improving coordination among public
transportation and other transportation service
providers carried out by a recipient or
subrecipient through an agreement entered into
with a person, including a governmental entity,
under this chapter (other than section 5309);
but
`(ii) excluding operating public
transportation services.'.
(c) Individual With a Disability.--Section 5302(a)(5) is amended--
(1) by striking `Handicapped individual' in the heading and
inserting `Individual with a disability'; and
(2) by striking `handicapped individual' and inserting
`individual with a disability'.
(d) Mass Transportation.--Section 5302(a)(7) is amended to read as
follows:
`(7) Mass transportation.--The term ``mass transportation''
means public transportation.'.
(e) Public Transportation.--Section 5302(a)(10) is amended to read
as follows:
`(10) Public transportation.--The term ``public
transportation'' means transportation by a conveyance that
provides regular and continuing general or special
transportation to the public, but does not include schoolbus,
charter, or sightseeing transportation.'.
(f) Urbanized Area.--Section 5302(a)(17) is amended to read as
follows:
`(17) Urbanized area.--The term ``urbanized area'' means an
area encompassing a population of at least 50,000 people that
has been defined and designated in the latest decennial census
as an urbanized area by the Secretary of Commerce.'.
(g) Authority to Modify Definition.--Section 5302(b) is amended--
(1) by striking `Handicapped Individual' in the heading and
inserting `Individual With a Disability'; and
(2) by striking `handicapped individual' and inserting
`individual with a disability'.
SEC. 3004. METROPOLITAN PLANNING.
Section 5303 is amended to read as follows:
`Sec. 5303. Metropolitan planning
`(a) In General.--Grants made under sections 5307, 5308, 5309,
5310, 5311, 5316, and 5317 shall be carried out in accordance with the
metropolitan planning provisions of chapter 52.
`(b) Certification.--
`(1) In general.--The Secretary shall ensure and certify
that each metropolitan planning organization in each
transportation management area is carrying out its
responsibilities under applicable laws of the United States.
The Secretary may make the certification only if the
organization is complying with chapter 52 and other applicable
requirements of laws of the United States and the organization
and chief executive officer have approved a transportation
improvement program for the area.
`(2) Limitation on withholding certification.--The
Secretary may not withhold certification based on the policies
and criteria a metropolitan planning organization or mass
transportation grant recipient establishes under section
5306(a) for deciding the feasibility of private enterprise
participation.'.
SEC. 3005. STATEWIDE PLANNING.
(a) In General.--Section 5304 is amended to read as follows:
`Sec. 5304. Statewide planning
`Grants made under sections 5307, 5308, 5309, 5310, 5311, 5316, and
5317 shall be carried out in accordance with the statewide planning
provisions of chapter 52.'.
(b) Conforming Amendment.--The analysis for chapter 53 is amended
by striking the item relating to section 5304 and inserting the
following:
`5304. Statewide planning.'.
SEC. 3006. PLANNING PROGRAMS.
(a) In General.--Section 5305 is amended to read as follows:
`Sec. 5305. Planning programs
`(a) State Defined.--In this section the term ``State'' means a
State of the United States, the District of Columbia, and Puerto Rico.
`(b) General Authority.--
`(1) Assistance.--Under criteria to be established by the
Secretary, the Secretary may provide assistance for--
`(A) the development of transportation plans and
programs;
`(B) planning, engineering, designing, and
evaluating a public transportation project; and
`(C) for other technical studies.
`(2) Grants, agreements, and contracts.--The Secretary may
provide assistance under paragraph (1)--
`(A) by making grants to States, authorities of
States, metropolitan planning organizations, and local
governmental authorities; or
`(B) by making agreements with other departments,
agencies, and instrumentalities of the Government.
`(3) Eligible activities.--Activities eligible for
assistance under paragraph (1) include the following:
`(A) Studies related to management, planning,
operations, capital requirements, and economic
feasibility.
`(B) Evaluating previously financed projects.
`(C) Peer reviews and exchanges of technical data,
information, assistance, and related activities in
support of planning and environmental analyses among
metropolitan planning organizations and other
transportation planners.
`(D) Other similar and related activities
preliminary to and in preparation for constructing,
acquiring, or improving the operation of facilities and
equipment.
`(c) Purpose.--To the extent practicable, the Secretary shall
ensure that amounts appropriated or made available under section 5338
to carry out this section and sections 5303 and 5304 are used to
support balanced and comprehensive transportation planning that
considers the relationships among land use and all transportation
modes, without regard to the programmatic source of the planning
amounts.
`(d) Metropolitan Planning Program.--
`(1) Apportionment to states.--
`(A) In general.--The Secretary shall apportion 80
percent of the amounts made available under subsection
(g)(1) among the States to carry out sections 5303 and
5306 in the ratio that--
`(i) the population of urbanized areas in
each State, as shown by the latest available
decennial census of population; bears to
`(ii) the total population of urbanized
areas in all States, as shown by that census.
`(B) Minimum apportionment.--Notwithstanding
subparagraph (A), a State may not receive less than 0.5
percent of the amount apportioned under this paragraph.
`(2) Allocation to mpo's.--Amounts apportioned to a State
under paragraph (1) shall be made available within 30 days
after allocation to metropolitan planning organizations in the
State designated under this section under a formula that--
`(A) considers population of urbanized areas;
`(B) provides an appropriate distribution for
urbanized areas to carry out the cooperative processes
described in this section;
`(C) the State develops in cooperation with the
metropolitan planning organizations; and
`(D) the Secretary approves.
`(3) Supplemental amounts.--
`(A) In general.--The Secretary shall apportion 20
percent of the amounts made available under subsection
(g)(1) among the States to supplement allocations made
under paragraph (1) for metropolitan planning
organizations.
`(B) Formula.--The Secretary shall apportion
amounts referred to in subparagraph (A) under a formula
that reflects the additional cost of carrying out
planning, programming, and project selection
responsibilities under sections 5303 and 5306 in
certain urbanized areas.
`(e) State Planning and Research Program.--
`(1) Apportionment to states.--
`(A) In general.--The Secretary shall apportion the
amounts made available under subsection (g)(2) among
the States for grants and contracts to carry out
sections 5303 through 5306, 5312, 5315, and 5322 in the
ratio that--
`(i) the population of urbanized areas in
each State, as shown by the latest available
decennial census; bears to
`(ii) the population of urbanized areas in
all States, as shown by that census.
`(B) Minimum apportionment.--Notwithstanding
subparagraph (A), a State may not receive less than 0.5
percent of the amount apportioned under this paragraph.
`(2) Supplemental amounts.--A State, as the State considers
appropriate, may authorize part of the amount made available
under this subsection to be used to supplement amounts made
available under subsection (d).
`(f) Government's Share of Costs.--The Government's share of the
cost of an activity funded using amounts made available under this
section may not exceed 80 percent of the cost of the activity unless
the Secretary determines that it is in the interests of the Government
not to require a State or local match.
`(g) Allocation of Funds.--Of the funds made available by or
appropriated to carry out this section under section 5338(c) for fiscal
years 2004 through 2009--
`(1) 82.72 percent shall be available for the metropolitan
planning program under subsection (d); and
`(2) 17.28 percent shall be available to carry out
subsection (e).
`(h) Availability of Funds.--Funds apportioned under this section
in a State shall remain available for obligation in that State for a
period of 3 years after the last day of the fiscal year for which the
funds are authorized. Any amounts so apportioned that remain
unobligated at the end of that period shall be reapportioned among the
States.'.
(b) Conforming Amendment.--The analysis for chapter 53 is amended
by striking the item relating to section 5305 and inserting the
following:
`5305. Planning programs.'.
SEC. 3007. PRIVATE ENTERPRISE PARTICIPATION.
(a) Section Heading.--Section 5306 is amended by striking the
section heading and inserting the following:
`Sec. 5306. Private enterprise participation in planning; relationship
to other limitations'.
(b) Conforming Amendment.--The analysis for chapter 53 is amended
by striking the item relating to section 5306 and inserting the
following:
`5306. Private enterprise participation in planning; relationship to
other limitations.'.
SEC. 3008. URBANIZED AREA FORMULA GRANTS.
(a) Technical Amendments.--Section 5307 is amended--
(1) by striking subsections (h) and (k); and
(2) by redesignating subsections (i), (j), (l), (m), and
(n) as subsections (h), (i), (j), (k), and (l), respectively.
(b) Definitions.--Section 5307(a)(2)(A) is amended--
(1) by striking `a person' and inserting `an entity'; and
(2) by striking `section 5305(a) of this title' and
inserting `chapter 52'.
(c) General Authority.--Section 5307(b) is amended--
(1) by striking paragraph (1) and inserting the following:
`(1) Grants.--The Secretary may make grants under this
section for--
`(A) capital projects and associated capital
maintenance items;
`(B) planning;
`(C) transit enhancements; and
`(D) operating costs of equipment and facilities
for use in public transportation in an urbanized area
with a population of less than 200,000.';
(2) in the heading to paragraph (2) by striking `fiscal
years 2003 and 2004 and for the period of october 1, 2004,
through may 31, 2005' and inserting `fiscal years 2003 through
2005';
(3) in paragraph (2)(A) by striking `fiscal year 2003' and
all that follows through `2005' and inserting `fiscal years
2003, 2004, and 2005,';
(4) in paragraph (3) by striking `section 5305(a) of this
title' and inserting `chapter 52'; and
(5) in paragraph (3)(A) by striking `section 5303 of this
title' and inserting `chapter 52'.
(d) Grant Recipient Requirements.--Section 5307(d)(1) is amended--
(1) in subparagraph (A) by inserting `, including safety
and security aspects of the program' after `program';
(2) in subparagraph (H) by striking `sections 5301(a) and
(d), 5303-5306, and 5310(a)-(d) of this title' and inserting
`subsections (a) and (d) of section 5301 and sections 5303
through 5306';
(3) in subparagraph (I) by striking `and' at the end; and
(4) by adding at the end the following:
`(K) in the case of a recipient for an urbanized
area with a population of at least 200,000--
`(i) will expend one percent of the amount
the recipient receives each fiscal year under
this section for projects for transit
enhancements, as defined in section 5302(a);
and
`(ii) will submit an annual report listing
projects carried out in the preceding fiscal
year with those funds; and'.
(e) Government's Share of Costs.--Section 5307(e) is amended to
read as follows:
`(e) Government's Share of Costs.--
`(1) Capital projects.--A grant for a capital project
(including associated capital maintenance items) under this
section shall be for 80 percent of the net project cost of the
project. The recipient may provide additional local matching
amounts.
`(2) Operating expenses.--A grant for operating expenses
under this section may not exceed 50 percent of the net project
cost of the project.
`(3) Remainder.--The remainder of the net project cost
shall be provided--
`(A) in cash from sources other than amounts of the
Government or revenues from providing public
transportation (excluding revenues derived from the
sale of advertising and concessions);
`(B) from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or
new capital; and
`(C) from amounts received under a service
agreement with a State or local social service agency
or private social service organization.'.
(f) Reviews, Audits, and Evaluations.--Section 5307(h)(1)(A) (as
redesignated by subsection (a) of this section) is amended by striking
`shall' and inserting `may'.
(g) Relationship to Other Laws.--Section 5307(l) (as redesignated
by subsection (a) of this section) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) by inserting `This chapter.--' before `Sections 5302';
(4) by adding at the end the following:
`(2) Chapter 15 of title 5.--The provision of assistance
under this chapter shall not be construed as bringing within
the application of chapter 15 of title 5 any nonsupervisory
employee of a public transportation system (or any other agency
or entity performing related functions) to which such chapter
is otherwise inapplicable.'; and
(5) by aligning the left margin of paragraph (1) (as so
redesignated) with paragraph (2) (as added by paragraph (4) of
this subsection).
(h) Treatment.--At the end of section 5307, add the following:
`(m) Treatment.--For purposes of this section, the United States
Virgin Islands shall be treated as an urbanized area, as defined in
section 5302.'.
SEC. 3009. CLEAN FUELS FORMULA GRANT PROGRAM.
Section 5308 is amended to read as follows:
`Sec. 5308. Clean fuels formula grant program
`(a) Definitions.--In this section, the following definitions
apply:
`(1) Clean fuel bus.--The term ``clean fuel bus'' means a
passenger vehicle used to provide public transportation that--
`(A) is powered by--
`(i) compressed natural gas;
`(ii) liquefied natural gas;
`(iii) biodiesel fuels;
`(iv) batteries;
`(v) alcohol-based fuels;
`(vi) hybrid electric;
`(vii) fuel cell;
`(viii) clean diesel, to the extent allowed
under this section; or
`(ix) other low or zero emissions
technology; and
`(B) the Administrator of the Environmental
Protection Agency has certified sufficiently reduces
harmful emissions.
`(2) Eligible project.--The term ``eligible project''--
`(A) means a project in a nonattainment or
maintenance area described in paragraph (4)(A) for--
`(i) purchasing or leasing clean fuel
buses, including buses that employ a
lightweight composite primary structure;
`(ii) constructing or leasing clean fuel
buses or electrical recharging facilities and
related equipment for such buses; or
`(iii) improving existing public
transportation facilities to accommodate clean
fuel buses; and
`(B) at the discretion of the Secretary, may
include a project located in a nonattainment or
maintenance area described in paragraph (3)(A) relating
to clean fuel, biodiesel, hybrid electric, or zero
emissions technology buses that exhibit equivalent or
superior emissions reductions to existing clean fuel or
hybrid electric technologies.
`(3) Maintenance area.--The term ``maintenance area'' has
the meaning such term has under section 101 of title 23.
`(4) Recipient.--
`(A) In general.--The term ``recipient'' means a
designated recipient (as defined in section 5307(a)(2))
for an area that, and a recipient for an urbanized area
with a population of less than 200,000 that--
`(i) is designated as a nonattainment area
for ozone or carbon monoxide under section
107(d) of the Clean Air Act (42 U.S.C.
7407(d)); or
`(ii) is a maintenance area for ozone or
carbon monoxide.
`(B) Smaller urbanized areas.--In the case of an
urbanized area with a population of less than 200,000,
the State in which the area is located shall act as the
recipient for the area under this section.
`(b) Authority.--The Secretary shall make grants in accordance with
this section to recipients to finance eligible projects.
`(c) Apportionment of Funds.--
`(1) Formula.--The Secretary shall apportion among
recipients amounts made available to carry out this section for
a fiscal year. Of such amounts--
`(A) two-thirds shall be apportioned to recipients
serving urbanized areas with a population of at least
1,000,000, of which--
`(i) 50 percent shall be apportioned so
that each such recipient receives a grant under
this section in an amount equal to the ratio
that--
`(I) the number of vehicles in the
bus fleet of the recipient, weighted by
severity of nonattainment for the area
served by the recipient; bears to
`(II) the total number of vehicles
in the bus fleets of all such
recipients, weighted by severity of
nonattainment for all areas served by
such recipients; and
`(ii) 50 percent shall be apportioned so
that each such recipient receives a grant under
this section in an amount equal to the ratio
that--
`(I) the number of bus passenger
miles (as defined in section 5336(c))
of the recipient, weighted by severity
of nonattainment of the area served by
the recipient; bears to
`(II) the total number of bus
passenger miles (as defined in section
5336(c)) of all such recipients,
weighted by severity of nonattainment
of all areas served by such recipients;
and
`(B) one-third shall be apportioned to recipients
serving urbanized areas with a population of less than
1,000,000, of which--
`(i) 50 percent shall be apportioned so
that each such recipient receives a grant under
this section in an amount equal to the ratio
that--
`(I) the number of vehicles in the
bus fleet of the recipient, weighted by
severity of nonattainment for the area
served by the recipient; bears to
`(II) the total number of vehicles
in the bus fleets of all such
recipients, weighted by severity of
nonattainment for all areas served by
such recipients; and
`(ii) 50 percent shall be apportioned so
that each such recipient receives a grant under
this section in an amount equal to the ratio
that--
`(I) the number of bus passenger
miles (as defined in section 5336(c))
of the recipient, weighted by severity
of nonattainment of the area served by
the recipient; bears to
`(II) the total number of bus
passenger miles (as defined in section
5336(c)) of all such recipients,
weighted by severity of nonattainment
of all areas served by such recipients.
`(2) Weighting of severity of nonattainment.--
`(A) In general.--For purposes of paragraph (1),
subject to subparagraph (B), the number of buses in the
bus fleet, or the number of passenger miles, shall be
multiplied by a factor of--
`(i) 1.0 if, at the time of the
apportionment, the area is a maintenance area
for ozone or carbon monoxide;
`(ii) 1.1 if, at the time of the
apportionment, the area is classified as a
marginal ozone nonattainment area under subpart
2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
`(iii) 1.2 if, at the time of the
apportionment, the area is classified as a
moderate ozone nonattainment area under subpart
2 of such part;
`(iv) 1.3 if, at the time of the
apportionment, the area is classified as a
serious ozone nonattainment area under subpart
2 of such part;
`(v) 1.4 if, at the time of the
apportionment, the area is classified as a
severe ozone nonattainment area under subpart 2
of such part; or
`(vi) 1.5 if, at the time of the
apportionment, the area is classified as an
extreme ozone nonattainment area under subpart
2 of such part.
`(B) Additional adjustment for carbon monoxide
areas.--If, in addition to being classified as a
nonattainment or maintenance area for ozone under
subpart 2 of such part, the area was also classified
under subpart 3 of such part as a nonattainment area
for carbon monoxide, the weighted nonattainment or
maintenance area fleet and passenger miles for the
recipient, as calculated under subparagraph (A), shall
be further multiplied by a factor of 1.2.
`(d) Clean Diesel Buses.--Not more than 35 percent of the amount
made available by or appropriated under section 5338 in each fiscal
year to carry out this section may be made available to fund clean
diesel buses.
`(e) Grant Requirements.--
`(1) In general.--A grant under this section shall be
subject to the requirements of section 5307.
`(2) Government's share of costs for certain projects.--
Section 5323(i) applies to projects carried out under this
section.
`(f) Availability of Funds.--Any amount made available or
appropriated under this section--
`(1) shall remain available to a project for 1 year after
the fiscal year for which the amount is made available or
appropriated; and
`(2) that remains unobligated at the end of the period
described in paragraph (1) shall be added to the amount made
available in the following fiscal year.'.
SEC. 3010. CAPITAL INVESTMENT GRANTS.
(a) Section Heading.--Section 5309 is amended by striking the
section heading and inserting the following:
`Sec. 5309. Capital investment grants'.
(b) Loans for Real Property Interests.--Section 5309 is amended--
(1) in subsections (a)(1) and (a)(2) by striking `and
loans';
(2) by striking subsections (b) and (c); and
(3) by redesignating subsection (d) as subsection (b).
(c) Project as Part of Approved Program of Projects.--Section
5309(b) (as redesignated by subsection (b) of this section) is
amended--
(1) by striking `Except as provided in subsections (b)(2)
and (e) of the section, the' and inserting `The'; and
(2) by striking `or loan'.
(d) Criteria and Funding.--Section 5309 is amended by striking
subsections (e) through (p) and inserting the following:
`(c) Major Capital Investment Grants of $75,000,000 or More.--
`(1) Full funding grant agreement.--A major new fixed
guideway capital project financed under this subsection shall
be carried out through a full funding grant agreement. The
Secretary shall enter into a full funding grant agreement based
on the evaluations and ratings required under this subsection.
The Secretary shall not enter into a full funding grant
agreement for a project unless that project is authorized for
final design and construction.
`(2) Approval of grants.--The Secretary may approve a grant
under this section for a major new fixed guideway capital
project only if the Secretary, based upon evaluations and
considerations set forth in paragraph (3), determines that the
proposal is--
`(A) based on the results of an alternatives
analysis and preliminary engineering;
`(B) justified based on a comprehensive review of
its mobility improvements, environmental benefits, cost
effectiveness, operating efficiencies, and transit
supportive policies, and existing land use; and
`(C) supported by an acceptable degree of local
financial commitment (including evidence of stable and
dependable financing sources) to construct, maintain,
and operate the system or extension.
`(3) Considerations.--
`(A) Results of alternatives analysis and
preliminary engineering.--In evaluating a proposed
project for purposes of making the finding required by
paragraph (2)(A), the Secretary shall analyze and
consider the results of the alternatives analysis and
preliminary engineering for the project.
`(B) Project justification.--In evaluating a
proposed project for purposes of making the finding
required by paragraph (2)(B), the Secretary shall--
`(i) consider the direct and indirect costs
of relevant alternatives;
`(ii) consider factors such as congestion
relief, improved mobility, air pollution, noise
pollution, energy consumption, and all
associated ancillary and mitigation costs
necessary to carry out each alternative
analyzed and recognize reductions in local
infrastructure costs achieved through compact
land use development;
`(iii) identify and consider public
transportation supportive existing land use
policies and future patterns and the cost of
suburban sprawl;
`(iv) consider the degree to which the
project increases the mobility of the public
transportation dependent population or promotes
economic development;
`(v) consider population density and
current transit ridership in the corridor;
`(vi) consider the technical capability of
the grant recipient to construct the project;
`(vii) adjust the project justification to
reflect differences in local land,
construction, and operating costs; and
`(viii) consider other factors that the
Secretary determines appropriate to carry out
this chapter.
`(C) Local financial commitment.--In evaluating a
proposed project under paragraph (2)(C), the Secretary
shall require that--
`(i) the proposed project plan provides for
the availability of contingency amounts that
the Secretary determines to be reasonable to
cover unanticipated cost increases;
`(ii) each proposed local source of capital
and operating financing is stable, reliable,
and available within the proposed project
timetable; and
`(iii) local resources are available to
operate the overall proposed public
transportation system (including essential
feeder bus and other services necessary to
achieve the projected ridership levels) without
requiring a reduction in existing public
transportation services to operate the proposed
project.
`(D) Assessment of local financing.--In assessing
the stability, reliability, and availability of
proposed sources of local financing under paragraph
(2)(C), the Secretary shall consider--
`(i) existing grant commitments;
`(ii) the degree to which financing sources
are dedicated to the purposes proposed;
`(iii) any debt obligation that exists or
is proposed by the recipient for the proposed
project or other public transportation purpose;
and
`(iv) the extent to which the project has a
local financial commitment that exceeds the
required non-Federal share of the cost of the
project.
`(4) Evaluation and rating of projects.--A proposed project
under this subsection may advance from alternatives analysis to
preliminary engineering, and may advance from preliminary
engineering to final design and construction, only if the
Secretary finds that the project meets the requirements of this
section and there is a reasonable likelihood that the project
will continue to meet such requirements. In making the
findings, the Secretary shall evaluate and rate the project as
``highly recommended'', ``recommended'', or ``not recommended''
based on the results of alternatives analysis, the project
justification criteria, and the degree of local financial
commitment, as required under this subsection. In rating the
projects, the Secretary shall provide, in addition to the
overall project rating, individual ratings for each of the
criteria established by regulation.
`(5) Major defined.--In this section, the term ``major'',
as used with respect to a new fixed guideway capital project,
means the Federal assistance provided or to be provided under
this section for the project is $75,000,000 or more.
`(d) Capital Investment Grants Less Than $75,000,000.--
`(1) In general.--Subject to the provisions of this
subsection, if the Federal assistance provided or to be
provided under this section with respect to a new fixed
guideway capital project is less than $75,000,000, and not less
than $25,000,000, the project shall be subject to the
requirements in this subsection.
`(2) Selection criteria.--The Secretary may provide Federal
assistance under this subsection with respect to a proposed
project only if the Secretary finds that the project is--
`(A) based on the results of planning and
alternatives analysis;
`(B) justified based on a review of its public
transportation supportive land use policies, cost
effectiveness, and effect on local economic
development; and
`(C) supported by an acceptable degree of local
financial commitment.
`(3) Planning and alternatives.--In evaluating a project
under paragraph (2)(A), the Secretary shall analyze and
consider the results of planning and alternatives analysis for
the project.
`(4) Project justification.--For purposes of making the
finding under paragraph (2)(B), the Secretary shall--
`(A) determine the degree to which the project is
consistent with local land use policies and is likely
to achieve local developmental goals;
`(B) determine the cost effectiveness of the
project at the time of the initiation of revenue
service;
`(C) determine the degree to which the project will
have a positive effect on local economic development;
`(D) consider the reliability of the forecasts of
costs and ridership associated with the project; and
`(E) consider other factors that the Secretary
determines appropriate to carry out this subsection.
`(5) Local financial commitment.--For purposes of paragraph
(2)(C), the Secretary shall require that each proposed local
source of capital and operating financing is stable, reliable,
and available within the proposed project timetable.
`(6) Advancement of project to development and
construction.--
`(A) General rule.--A proposed project under this
subsection may advance from planning and alternatives
analysis to project development and construction only
if--
`(i) the Secretary finds that the project
meets the requirements of this subsection and
there is a reasonable likelihood that the
project will continue to meet such
requirements; and
`(ii) the metropolitan planning
organization has adopted the locally preferred
alternative for the project into the long-range
transportation plan.
`(B) Evaluation.--In making the findings under
subparagraph (A), the Secretary shall evaluate and rate
the project as ``recommended'' or ``not recommended''
based on the results of the analysis of the project
justification criteria and the degree of local
financial commitment, as required by this subsection.
`(7) Contents of project construction grant agreement.--A
project construction grant agreement under this subsection
shall specify the scope of the project to be constructed, the
estimated net project cost of the project, the schedule under
which the project shall be constructed, the maximum amount of
funding to be obtained under this subsection, the proposed
schedule for obligation of future Federal grants, and the
sources of funding from other than the Government. The
agreement may include a commitment on the part of the Secretary
to provide funding for the project in future fiscal years.
`(8) Limitation on entry into construction grant
agreement.--The Secretary may enter into a project construction
grant agreement for a project under this subsection only if the
project is authorized for construction and has been rated as
``recommended'' under this subsection.
`(9) Regulations.--Not later than 120 days after the date
of enactment of the Federal Public Transportation Act of 2005,
the Secretary shall issue regulations establishing an
evaluation and rating process for proposed projects under this
subsection that is based on the results of project
justification and local financial commitment, as required under
this subsection.
`(10) Fixed guideway capital project.--In this subsection,
the term ``fixed guideway capital project'' includes a
corridor-based public transportation bus capital project if the
majority of the project's corridor right-of-way is dedicated
alignment for exclusive use by public transportation vehicles
for all or part of the day.
`(e) Previously Issued Letter of Intent or Full Funding Grant
Agreement.--Subsections (c) and (d) do not apply to projects for which
the Secretary has issued a letter of intent or entered into a full
funding grant agreement before the date of enactment of the Federal
Public Transportation Act of 2005.
`(f) Letters of Intent, Full Funding Grant Agreements, and Early
Systems Work Agreements.--
`(1) Letters of intent.--
`(A) Amounts intended to be obligated.--The
Secretary may issue a letter of intent to an applicant
announcing an intention to obligate, for a capital
project under this section, an amount from future
available budget authority specified in law that is not
more than the amount stipulated as the financial
participation of the Secretary in the project. When a
letter is issued for fixed guideway projects, the
amount shall be sufficient to complete at least an
operable segment.
`(B) Treatment.--The issuance of a letter under
subparagraph (A) is deemed not to be an obligation
under sections 1108(c), 1108(d), 1501, and 1502(a) of
title 31 or an administrative commitment.
`(2) Full funding grant agreements.--
`(A) Terms.--The Secretary may make a full funding
grant agreement with an applicant. The agreement
shall--
`(i) establish the terms of participation
by the Government in a project under this
section;
`(ii) establish the maximum amount of
Government financial assistance for the
project;
`(iii) cover the period of time for
completing the project, including a period
extending beyond the period of an
authorization; and
`(iv) make timely and efficient management
of the project easier according to the law of
the United States.
`(B) Special financial rules.--
`(i) In general.--An agreement under this
paragraph obligates an amount of available
budget authority specified in law and may
include a commitment, contingent on amounts to
be specified in law in advance for commitments
under this paragraph, to obligate an additional
amount from future available budget authority
specified in law.
`(ii) Statement of contingent commitment.--
The agreement shall state that the contingent
commitment is not an obligation of the
Government.
`(iii) Interest and other financing
costs.--Interest and other financing costs of
efficiently carrying out a part of the project
within a reasonable time are a cost of carrying
out the project under a full funding grant
agreement, except that eligible costs may not
be more than the cost of the most favorable
financing terms reasonably available for the
project at the time of borrowing. The applicant
shall certify, in a way satisfactory to the
Secretary, that the applicant has shown
reasonable diligence in seeking the most
favorable financing terms.
`(iv) Completion of operable segment.--The
amount stipulated in an agreement under this
paragraph for a fixed guideway project shall be
sufficient to complete at least an operable
segment.
`(3) Early system work agreements.--
`(A) Conditions.--The Secretary may make an early
systems work agreement with an applicant if a record of
decision under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) has been issued on the
project and the Secretary finds there is reason to
believe--
`(i) a full funding grant agreement for the
project will be made; and
`(ii) the terms of the work agreement will
promote ultimate completion of the project more
rapidly and at less cost.
`(B) Contents.--
`(i) In general.--A work agreement under
this paragraph obligates an amount of available
budget authority specified in law and shall
provide for reimbursement of preliminary costs
of carrying out the project, including land
acquisition, timely procurement of system
elements for which specifications are decided,
and other activities the Secretary decides are
appropriate to make efficient, long-term
project management easier.
`(ii) Period covered.--A work agreement
under this paragraph shall cover the period of
time the Secretary considers appropriate. The
period may extend beyond the period of current
authorization.
`(iii) Interest and other financing
costs.--Interest and other financing costs of
efficiently carrying out the work agreement
within a reasonable time are a cost of carrying
out the agreement, except that eligible costs
may not be more than the cost of the most
favorable financing terms reasonably available
for the project at the time of borrowing. The
applicant shall certify, in a way satisfactory
to the Secretary, that the applicant has shown
reasonable diligence in seeking the most
favorable financing terms.
`(iv) Failure to carry out project.--If an
applicant does not carry out the project for
reasons within the control of the applicant,
the applicant shall repay all Government
payments made under the work agreement plus
reasonable interest and penalty charges the
Secretary establishes in the agreement.
`(4) Limitation on amounts.--
`(A) Major capital investment grants contingent
commitment authority.--The total estimated amount of
future obligations of the Government and contingent
commitments to incur obligations covered by all
outstanding letters of intent, full funding grant
agreements, and early systems work agreements under
this subsection for major new fixed guideway capital
projects may be not more than the greater of the amount
authorized under sections 5338(b) and 5338(h)(1) for
such projects or an amount equivalent to the last 3
fiscal years of funding allocated under subsections
(m)(1)(B) and (m)(2)(B)(ii) for such projects, less an
amount the Secretary reasonably estimates is necessary
for grants under this section for those of such
projects that are not covered by a letter or agreement.
The total amount covered by new letters and contingent
commitments included in full funding grant agreements
and early systems work agreements for such projects may
be not more than a limitation specified in law.
`(B) Other contingent commitment authority.--The
total estimated amount of future obligations of the
Government and contingent commitments to incur
obligations covered by all project construction grant
agreements and early system work agreements under this
subsection for small capital projects described in
subsection (d) may be not more than the greater of the
amount allocated under subsection (m)(2)(A) for such
projects or an amount equivalent to the last fiscal
year of funding allocated under subsection (m)(2)(A)
for such projects, less an amount the Secretary
reasonably estimates is necessary for grants under this
section for those of such projects that are not covered
by an agreement. The total amount covered by new
contingent commitments included in project construction
grant agreements and early systems work agreements for
such projects may be not more than a limitation
specified in law.
`(C) Inclusion of certain commitments.--Future
obligations of the Government and contingent
commitments made against the contingent commitment
authority under section 3032(g)(2) of the Intermodal
Surface Transportation Efficiency Act of 1991 (106
Stat. 2125) for the San Francisco BART to the Airport
project for fiscal years 2002, 2003, 2004, 2005, and
2006 shall be charged against section 3032(g)(2) of
that Act.
`(D) Appropriation required.--An obligation may be
made under this subsection only when amounts are
appropriated for the obligation.
`(5) Notification of congress.--At least 60 days before
issuing a letter of intent or entering into a full funding
grant agreement or project construction grant agreement under
this section, the Secretary shall notify, in writing, the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate of the proposed letter or
agreement. The Secretary shall include with the notification a
copy of the proposed letter or agreement as well as the
evaluations and ratings for the project.
`(g) Government's Share of Net Project Cost.--
`(1) Federal share.--Based on engineering studies, studies
of economic feasibility, and information on the expected use of
equipment or facilities, the Secretary shall estimate the net
project cost. A grant for the project shall be for 80 percent
of the net capital project cost, unless the grant recipient
requests a lower grant percentage.
`(2) Remainder of net project cost.--The remainder of net
project costs shall be provided from an undistributed cash
surplus, a replacement or depreciation cash fund or reserve, or
new capital.
`(3) Limitation on statutory construction.--Nothing in this
section, including paragraph (1) and subsections (c)(3)(D)(iv)
and (c)(4), shall be construed as authorizing the Secretary to
require a non-Federal financial commitment for a project that
is more than 20 percent of the net capital project cost.
`(4) Special rule for rolling stock costs.--In addition to
amounts allowed pursuant to paragraph (1), a planned extension
to a fixed guideway system may include the cost of rolling
stock previously purchased if the applicant satisfies the
Secretary that only amounts other than amounts of the
Government were used and that the purchase was made for use on
the extension. A refund or reduction of the remainder may be
made only if a refund of a proportional amount of the grant of
the Government is made at the same time.
`(5) Limitation on applicability.--This subsection does not
apply to projects for which the Secretary has entered into a
full funding grant agreement before the date of enactment of
the Federal Public Transportation Act of 2005.
`(h) Fiscal Capacity Considerations.--If the Secretary gives
priority consideration to financing projects that include more than the
non-Government share required under subsection (g), the Secretary shall
give equal consideration to differences in the fiscal capacity of State
and local governments.
`(i) Reports on New Starts.--
`(1) Annual dot report.--Not later than the first Monday in
February of each year, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report that includes--
`(A) a proposal of allocations of amounts to be
available to finance grants for new fixed guideway
capital projects among applicants for these amounts;
`(B) evaluations and ratings, as required under
subsection (c), for each such project that is
authorized by the Federal Public Transportation Act of
2005; and
`(C) recommendations of such projects for funding
based on the evaluations and ratings and on existing
commitments and anticipated funding levels for the next
3 fiscal years and for the next 10 fiscal years based
on information currently available to the Secretary.
`(2) Annual gao review.--The Comptroller General shall--
`(A) conduct an annual review of--
`(i) the processes and procedures for
evaluating, rating, and recommending new fixed
guideway capital projects; and
`(ii) the Secretary's implementation of
such processes and procedures; and
`(B) report to Congress on the results of such
review by May 31 of each year.
`(j) Undertaking Projects in Advance.--
`(1) In general.--The Secretary may pay the Government's
share of the net capital project cost to a State or local
governmental authority that carries out any part of a project
described in this section without the aid of amounts of the
Government and according to all applicable procedures and
requirements if--
`(A) the State or local governmental authority
applies for the payment;
`(B) the Secretary approves the payment; and
`(C) before carrying out the part of the project,
the Secretary approves the plans and specifications for
the part in the same way as other projects under this
section.
`(2) Financing costs.--
`(A) In general.--The cost of carrying out part of
a project includes the amount of interest earned and
payable on bonds issued by the State or local
governmental authority to the extent proceeds of the
bonds are expended in carrying out the part.
`(B) Limitation on amount of interest.--The amount
of interest under this paragraph may not be more than
the most favorable interest terms reasonably available
for the project at the time of borrowing.
`(C) Certification.--The applicant shall certify,
in a manner satisfactory to the Secretary, that the
applicant has shown reasonable diligence in seeking the
most favorable financial terms.
`(3) Capital project cost indices.--The Secretary shall
consider changes in capital project cost indices when
determining the estimated cost under paragraph (2).
`(k) Bus and Bus Facilities Projects.--In making grants under
subsections (m)(1)(C) and (m)(2)(B)(iii), the Secretary shall consider
the age of buses, bus fleets, related equipment, and bus-related
facilities.
`(l) Availability of Amounts.--An amount made available or
appropriated under section 5338(b), 5338(g), or 5338(h) for
replacement, rehabilitation, and purchase of buses and related
equipment and construction of bus-related facilities or for new fixed
guideway capital projects shall remain available for 3 fiscal years,
including the fiscal year in which the amount is made available or
appropriated. Any of such amounts that are unobligated at the end of
the 3-fiscal-year period shall be deobligated and may be used by the
Secretary for any purpose under this section.
`(m) Allocating Amounts.--
`(1) Fiscal year 2004.--The total amount of funds made
available by or appropriated under section 5338(b) for fiscal
year 2004 shall be allocated as follows:
`(A) 40 percent for fixed guideway modernization;
`(B) 40 percent for major new fixed guideway
capital projects; and
`(C) 20 percent to replace, rehabilitate, and
purchase buses and related equipment and to construct
bus-related facilities.
`(2) Fiscal years 2005-2009.--The total amount of funds
made available by section 5338(g), and appropriated under
section 5338(h), for each of fiscal years 2005 through 2009
shall be allocated in the fiscal year as follows:
`(A) Small capital projects.--From funds
appropriated under section 5338(h) for new fixed
guideway capital projects described in subsection (d)--
`(i) $135,000,000 in fiscal year 2005;
`(ii) $175,000,000 in fiscal year 2006;
`(iii) $200,000,000 in fiscal year 2007;
`(iv) $200,000,000 in fiscal year 2008; and
`(v) $225,000,000 in fiscal year 2009.
`(B) Remainder.--After the allocation under
subparagraph (A), the remainder of such total amount
shall be allocated as follows:
`(i) 40 percent for fixed guideway
modernization, to be derived from funds made
available under section 5338(g).
`(ii) 40 percent for major new fixed
capital guideway projects, to be derived from
funds appropriated under section 5338(h).
`(iii) 20 percent to replace, rehabilitate,
and purchase buses and related equipment and to
construct bus-related facilities, to be derived
from funds made available under section
5338(g).
`(3) Funding for ferry boat systems.--Of the amounts made
available under paragraphs (1)(B) and (2)(B)(ii), $10,400,000
shall be available in each of fiscal years 2004 through 2009
for new fixed guideway capital projects in Alaska or Hawaii
that are for ferry boats or ferry terminal facilities or that
are for approaches to ferry terminal facilities. Of the amounts
made available under paragraphs (1)(C) and (2)(B)(iii),
$10,000,000 shall be available in each of fiscal years 2005
through 2009 for ferry boats or ferry terminal facilities.
`(4) Fuel cell bus program.--Of the amounts made available
under subsections (m)(1)(C) and (m)(2)(B)(iii) for a fiscal
year, the following amounts shall be set aside for the national
fuel cell bus technology development program under section 3039
of the Federal Public Transportation Act of 2005:
`(A) $4,849,950 for fiscal year 2004.
`(B) $10,000,000 for fiscal year 2005.
`(C) $11,000,000 for fiscal year 2006.
`(D) $12,000,000 for fiscal year 2007.
`(E) $13,000,000 for fiscal year 2008.
`(F) $14,000,000 for fiscal year 2009.
`(n) New Fixed Guideway Capital Project Defined.--In this section,
the term ``new fixed guideway capital project'' means a minimum
operable segment of a capital project for a new fixed guideway system
or extension to an existing fixed guideway system.'.
(e) Conforming Amendments.--
(1) Chapter analysis.--The analysis for chapter 53 is
amended by striking the item relating to section 5309 and
inserting the following:
`5309. Capital investment grants.'.
(2) Section 5328.--Section 5328(a) is amended--
(A) in paragraph (2) by striking `5309(e)' and
inserting `5309(c)'; and
(B) in paragraph (4) by striking `under section
5309(o)(1)' and inserting `under section 5309(i)(1)'.
SEC. 3011. FORMULA GRANTS FOR SPECIAL NEEDS OF ELDERLY INDIVIDUALS AND
INDIVIDUALS WITH DISABILITIES.
(a) In General.--Section 5310 is amended--
(1) by striking the section heading and inserting the
following:
`Sec. 5310. Formula grants for special needs of elderly individuals and
individuals with disabilities';
(2) by striking subsections (a) through (g) and inserting
the following:
`(a) General Authority.--
`(1) Grants.--The Secretary may make grants to States and
local governmental authorities under this section for public
transportation capital projects, and operating costs associated
with public transportation capital projects, planned, designed,
and carried out to meet the special needs of elderly
individuals and individuals with disabilities.
`(2) Subrecipients.--A State that receives a grant under
this section may allocate the amounts of the grant to--
`(A) a private nonprofit organization if the public
transportation service provided under paragraph (1) is
unavailable, insufficient, or inappropriate; or
`(B) a governmental authority that--
`(i) is approved by the State to coordinate
services for elderly individuals and
individuals with disabilities; or
`(ii) certifies that there are not any
nonprofit organizations readily available in
the area to provide the services described
under paragraph (1).
`(3) Acquiring public transportation services.--A public
transportation capital project under this section may include
acquisition of public transportation services as an eligible
capital expense.
`(4) Administrative expenses.--A State or local
governmental authority may use not more than 10 percent of the
amounts apportioned to the State under this section to
administer, plan, and provide technical assistance for a
project funded under this section.
`(b) Apportionment and Transfers.--
`(1) Apportionment.--
`(A) Formula.--The Secretary shall apportion
amounts made available to carry out this section under
a formula the Secretary administers that considers the
number of elderly individuals and individuals with
disabilities in each State.
`(B) Low density adjustment.--In administering the
apportionment formula under subparagraph (A)--
`(i) in the case of a State with a
population density of 10 or fewer persons per
square mile, the Secretary shall multiply by a
factor of 2 the number of elderly individuals
and individuals with disabilities in the State
(as determined using the most recent decennial
United States Census); and
`(ii) in the case of a State with a
population density of more than 10 but equal to
or fewer than 30 persons per square mile, the
Secretary shall multiply by a factor of 1.25
the number of elderly individuals and
individuals with disabilities in the State (as
determined using the most recent decennial
United States Census).
`(2) Transfers.--Any State's apportionment remaining
available for obligation at the beginning of the 90-day period
before the end of the period of availability of the
apportionment is available to the State for transfer to
supplement amounts apportioned to the State under section
5311(c) or 5336(a)(1), or both. Any funds transferred pursuant
to this paragraph shall be made available only for eligible
projects as described in this section.
`(c) Government's Share of Costs.--
`(1) Capital projects.--A grant for a capital project under
this section shall be for 80 percent of the net capital costs
of the project, as determined by the Secretary; except that in
the case of a State described in section 120(b)(1) of title 23,
such percentage shall be increased in accordance with such
section.
`(2) Operating assistance.--A grant made under this section
for operating assistance may not exceed 50 percent of the net
operating costs of the project, as determined by the Secretary.
`(3) Remainder.--The remainder of the net project costs--
`(A) may be provided from an undistributed cash
surplus, a replacement or depreciation cash fund or
reserve, a service agreement with a State or local
social service agency or a private social service
organization, or new capital; and
`(B) may be derived from amounts appropriated to or
made available to a department or agency of the
Government (other than the Department of
Transportation) that are eligible to be expended for
transportation.
`(4) Use of certain funds.--For purposes of paragraph
(3)(B), the prohibitions on the use of funds for matching
requirements under section 403(a)(5)(C)(vii) of the Social
Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to
Federal or State funds to be used for transportation purposes.
`(d) Grant Requirements.--
`(1) In general.--A grant under this section shall be
subject to all requirements of a grant under section 5307. A
grant to a subrecipient under this section shall be subject to
such requirements to the extent the Secretary considers
appropriate.
`(2) Coordination with nonprofit providers.--A recipient
that transfers funds to an apportionment under section
5336(a)(1) pursuant to subsection (b)(2) shall certify that the
project for which the funds are requested under this section
has been coordinated with nonprofit providers of services.
`(3) Project selection and planning.--A recipient of funds
under this section shall certify that--
`(A) the projects selected were derived from a
locally developed, coordinated public transit-human
services transportation plan; and
`(B) the plan was developed through a process that
included representatives of public, private, and
nonprofit transportation and human services providers
and participation by the public.
`(4) Fair and equitable distribution.--A recipient of a
grant under this section shall certify that allocations of the
grant to subrecipients are distributed on a fair and equitable
basis.
`(e) State Program.--
`(1) In general.--Amounts made available to carry out this
section may be used for transportation projects to assist in
providing transportation services for elderly individuals and
individuals with disabilities that are included in a State
program of projects.
`(2) Submission and approval.--A program shall be submitted
annually to the Secretary for approval and shall contain an
assurance that the program provides for maximum feasible
coordination of transportation services assisted under this
section with transportation services assisted by other
Government sources.
`(f) Leasing Vehicles.--Vehicles acquired under this section may be
leased to local governmental authorities to improve transportation
services designed to meet the special needs of elderly individuals and
individuals with disabilities.'; and
(3) by redesignating subsections (h) through (j) as
subsections (g) through (i), respectively.
(b) Conforming Amendment.--The analysis for chapter 53 is amended
by striking the item relating to section 5310 and inserting the
following:
`5310. Formula grants for special needs of elderly individuals and
individuals with disabilities.'.
SEC. 3012. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS.
(a) Definitions.--Section 5311(a) is amended to read as follows:
`(a) Definitions.--In this section, the following definitions
apply:
`(1) Recipient.--The term ``recipient'' means a State that
receives a Federal transit program grant directly from the
Government.
`(2) Subrecipient.--The term ``subrecipient'' means a State
or local governmental authority, nonprofit organization, or
operator of public transportation services that receives a
Federal transit program grant indirectly through a recipient.'.
(b) General Authority.--Section 5311(b) is amended to read as
follows:
`(b) General Authority.--
`(1) Grants.--Except as provided in paragraph (2), the
Secretary may make grants to other than urbanized areas under
this section for the following:
`(A) Public transportation capital projects.
`(B) Operating costs of equipment and facilities
for use in public transportation.
`(C) Acquisition of public transportation services,
including service agreements with private providers of
public transportation services.
`(2) State program.--
`(A) In general.--Amounts made available to carry
out this section shall be used for projects included in
a State program for public transportation projects,
including service agreements with private providers of
public transportation.
`(B) Submission.--The program shall be submitted
annually to the Secretary for approval.
`(C) Approval.--The Secretary may approve the
program only if the Secretary finds that the program
provides a fair distribution of amounts in the State,
including Indian reservations, and the maximum feasible
coordination of public transportation service assisted
under this section with transportation service assisted
by other Federal sources.
`(3) Rural transportation assistance program.--
`(A) In general.--The Secretary shall carry out a
rural transportation assistance program in other than
urbanized areas.
`(B) Grants and contracts.--In carrying out this
paragraph, the Secretary may use not more than 2
percent of the amount made available to carry out this
section to make grants and contracts for transportation
research, technical assistance, training, and related
support services in other than urbanized areas.
`(C) Projects of a national scope.--Not more than
15 percent of the amounts available under subparagraph
(B) may be used by the Secretary to carry out projects
of a national scope, with the remaining balance
provided to the States.'.
(c) Apportionments.--Section 5311(c) is amended to read as follows:
`(c) Apportionments.--
`(1) In general.--The Secretary shall apportion amounts
made available to carry out this section among the States in
the ratio that--
`(A) the population of other than urbanized areas
in each State, as shown by the most recent Government
decennial census of population; bears to
`(B) the population of all other than urbanized
areas in the United States, as shown by that census.
`(2) Low density adjustment.--In administering the
apportionment formula under paragraph (1)--
`(A) in the case of a State with a population
density of 10 or fewer persons per square mile in other
than urbanized areas of the State, the Secretary shall
multiply by a factor of 1.5 the population of such
other than urbanized areas (as determined using the
most recent decennial United States Census); and
`(B) in the case of a State with a population
density of more than 10 but equal to or fewer than 12
persons per square mile in other than urbanized areas
of the State, the Secretary shall multiply by a factor
of 1.25 the population of such other than urbanized
areas (as determined using the most recent decennial
United States Census).
`(3) Availability.--The amount apportioned to a State under
this subsection may be obligated by the State for 2 fiscal
years after the fiscal year in which the amount is apportioned.
An amount that is not obligated at the end of that period shall
be reapportioned among the States for the next fiscal year.'.
(d) Use for Administration, Planning, and Technical Assistance.--
Section 5311(e) is amended--
(1) in the subsection heading by inserting `, planning,'
after `administration';
(2) by striking `(1) The Secretary' and inserting `The
Secretary';
(3) by striking paragraph (2); and
(4) by striking `recipient' and inserting `subrecipient'.
(e) Intercity Bus Transportation.--Section 5311(f) is amended--
(1) in paragraph (1) by striking `after September 30,
1993,'; and
(2) in paragraph (2) by striking `A State' and inserting
`After consultation with affected intercity bus service
providers, a State'.
(f) Government's Share of Costs.--Section 5311(g) is amended to
read as follows:
`(g) Government's Share of Costs.--
`(1) Capital projects.--A grant for a capital project under
this section shall be for 80 percent of the net capital costs
of the project, as determined by the Secretary; except that in
the case of a State described in section 120(b)(1) of title 23,
such percentage shall be increased in accordance with such
section.
`(2) Operating assistance.--A grant made under this section
for operating assistance may not exceed 50 percent of the net
operating costs of the project, as determined by the Secretary.
`(3) Remainder.--The remainder of net project costs--
`(A) may be provided from an undistributed cash
surplus, a replacement or depreciation cash fund or
reserve, a service agreement with a State or local
social service agency or a private social service
organization, or new capital; and
`(B) may be derived from amounts appropriated to or
made available to a department or agency of the
Government (other than the Department of
Transportation) that are eligible to be expended for
transportation.
`(4) Use of certain funds.--For purposes of paragraph
(3)(B), the prohibitions on the use of funds for matching
requirements under section 403(a)(5)(C)(vii) of the Social
Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to
Federal or State funds to be used for transportation purposes.
`(5) Limitation on operating assistance.--A State carrying
out a program of operating assistance under this section may
not limit the level or extent of use of the Government grant
for the payment of operating expenses.'.
(g) Relationship to Other Laws.--Section 5311 is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively.
(h) Correction to Chapter Analysis.--The analysis for chapter 53 is
amended by striking the item relating to section 5311 and inserting the
following:
`5311. Formula grants for other than urbanized areas.'.
SEC. 3013. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT
PROJECTS.
(a) In General.--Section 5312 is amended--
(1) in subsection (a)--
(A) by striking the first parenthetical phrase;
(B) by striking `or contracts' and inserting `,
contracts, cooperative agreements, or other
transactions';
(C) by striking `help reduce urban transportation
needs, improve mass transportation service,' and
inserting `improve transportation service';
(D) by striking `urban' each place it appears; and
(E) by striking `and demonstration projects' and
inserting `, demonstration or deployment projects, or
evaluation of technology of national significance';
(2) by striking subsections (b) and (c);
(3) by redesignating subsections (d) and (e) as subsections
(b) and (c), respectively;
(4) in subsection (b)(2) (as so redesignated) by striking
`other agreements' and inserting `other transactions'; and
(5) in subsection (c)(2) (as so redesignated) by striking
`public and' and inserting `public or'.
(b) Conforming Amendments.--
(1) Section heading.--Section 5312 is amended by striking
the section heading and inserting the following:
`Sec. 5312. Research, development, demonstration, and deployment
projects'.
(2) Chapter analysis.--The analysis for chapter 53 is
amended by striking the item relating to section 5312 and
inserting the following:
`5312. Research, development, demonstration, and deployment projects.'.
SEC. 3014. COOPERATIVE RESEARCH PROGRAM.
(a) In General.--Section 5313 is amended--
(1) in subsection (a) by striking `(1) The amounts made
available under paragraphs (1) and (2)(C)(ii) of section
5338(d) of this title' and inserting `The amounts made
available under paragraphs (1)(C)(iv) and (2)(C) of section
5338(d)';
(2) by striking subsection (b);
(3) in subsection (a)(2) by striking `(2) The' and
inserting `(b) Federal Assistance.--The'; and
(4) in subsection (c) by striking `subsection (a) of'.
(b) Conforming Amendments.--
(1) In general.--Section 5313 is amended by striking the
section heading and inserting the following:
`Sec. 5313. Cooperative research program'.
(2) Chapter analysis.--The analysis for chapter 53 is
amended by striking the item relating to section 5313 and
inserting the following:
`5313. Cooperative research program.'.
SEC. 3015. NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS.
(a) In General.--Section 5314 is amended--
(1) by striking the section heading and inserting the
following:
`Sec. 5314. National research and technology programs';
(2) in subsection (a)(1)--
(A) by striking `subsections (d) and (h)(7) of
section 5338 of this title' and inserting `section
5338(d)';
(B) by striking `and contracts' and inserting `,
contracts, cooperative agreements, or other
transactions';
(C) by striking `5303-5306,'; and
(D) by striking `5317,';
(3) in subsection (a)(2) by striking `Of the amounts' and
all that follows through `$3,000,000 to' and inserting `The
Secretary shall';
(4) by striking subsection (a)(4)(B);
(5) by redesignating subsection (a)(4)(C) as subsection
(a)(4)(B); and
(6) in subsection (b) by striking `or contract' and all
that follows through `section,' and inserting `, contract,
cooperative agreement, or other transaction under subsection
(a) or section 5312,'.
(b) Conforming Amendment.--The analysis for chapter 53 is amended
by striking the item relating to section 5314 and inserting the
following:
`5314. National research and technology programs.'.
SEC. 3016. NATIONAL TRANSIT INSTITUTE.
Section 5315 is amended--
(1) in subsection (a) by striking `public mass
transportation' and inserting `public transportation'; and
(2) in subsection (d) by striking `mass' each place it
appears.
SEC. 3017. JOB ACCESS AND REVERSE COMMUTE FORMULA GRANTS.
(a) In General.--Chapter 53 is amended by inserting after section
5315 the following:
`Sec. 5316. Job access and reverse commute formula grants
`(a) Definitions.--In this section, the following definitions
apply:
`(1) Access to jobs project.--The term ``access to jobs
project'' means a project relating to the development and
maintenance of transportation services designed to transport
welfare recipients and eligible low-income individuals to and
from jobs and activities related to their employment,
including--
`(A) transportation projects to finance planning,
capital, and operating costs of providing access to
jobs under this chapter;
`(B) promoting public transportation by low-income
workers, including the use of public transportation by
workers with nontraditional work schedules;
`(C) promoting the use of transit vouchers for
welfare recipients and eligible low-income individuals;
and
`(D) promoting the use of employer-provided
transportation, including the transit pass benefit
program under section 132 of the Internal Revenue Code
of 1986.
`(2) Eligible low-income individual.--The term ``eligible
low-income individual'' means an individual whose family income
is at or below 150 percent of the poverty line (as that term is
defined in section 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)), including any revision required by
that section) for a family of the size involved.
`(3) Recipient.--The term ``recipient'' means a designated
recipient (as defined in section 5307(a)(2)) and a State that
receives a grant under this section directly.
`(4) Reverse commute project.--The term ``reverse commute
project'' means a public transportation project designed to
transport residents of urbanized areas and other than urbanized
areas to suburban employment opportunities, including any
projects to--
`(A) subsidize the costs associated with adding
reverse commute bus, train, carpool, van routes, or
service from urbanized areas and other than urbanized
areas to suburban workplaces;
`(B) subsidize the purchase or lease by a nonprofit
organization or public agency of a van or bus dedicated
to shuttling employees from their residences to a
suburban workplace; or
`(C) otherwise facilitate the provision of public
transportation services to suburban employment
opportunities.
`(5) Subrecipient.--The term ``subrecipient'' means a State
or local governmental authority, nonprofit organization, or
operator of public transportation services that receives a
grant under this section indirectly through a recipient.
`(6) Welfare recipient.--The term ``welfare recipient''
means an individual who has received assistance under a State
or tribal program funded under part A of title IV of the Social
Security Act at any time during the 3-year period before the
date on which the applicant applies for a grant under this
section.
`(b) General Authority.--
`(1) Grants.--The Secretary may make grants under this
section to a recipient for access to jobs and reverse commute
projects carried out by the recipient or a subrecipient.
`(2) Administrative expenses.--A recipient may use not more
than 10 percent of the amounts apportioned to the recipient
under this section to administer, plan, and provide technical
assistance for a project funded under this section.
`(c) Apportionments.--
`(1) Formula.--The Secretary shall apportion amounts made
available to carry out this section as follows:
`(A) 60 percent of the funds shall be apportioned
among designated recipients (as defined in section
5307(a)(2)) for urbanized areas with a population of
200,000 or more in the ratio that--
`(i) the number of eligible low-income
individuals and welfare recipients in each such
urbanized area; bears to
`(ii) the number of eligible low-income
individuals and welfare recipients in all such
urbanized areas.
`(B) 20 percent of the funds shall be apportioned
among the States in the ratio that--
`(i) the number of eligible low-income
individuals and welfare recipients in urbanized
areas with a population of less than 200,000 in
each State; bears to
`(ii) the number of eligible low-income
individuals and welfare recipients in urbanized
areas with a population of less than 200,000 in
all States.
`(C) 20 percent of the funds shall be apportioned
among the States in the ratio that--
`(i) the number of eligible low-income
individuals and welfare recipients in other
than urbanized areas in -each State; bears to
`(ii) the number of eligible low-income
individuals and welfare recipients in other
than urbanized areas in all States.
`(2) Use of apportioned funds.--Except as provided in
paragraph (3)--
`(A) funds apportioned under paragraph (1)(A) shall
be used for projects serving urbanized areas with a
population of 200,000 or more;
`(B) funds apportioned under paragraph (1)(B) shall
be used for projects serving urbanized areas with a
population of less than 200,000; and
`(C) funds apportioned under paragraph (1)(C) shall
be used for projects serving other than urbanized
areas.
`(3) Exceptions.--A State may use funds apportioned under
paragraphs (1)(B) and (1)(C)--
`(A) for projects serving areas other than the area
specified in paragraph (2)(B) or (2)(C), as the case
may be, if the Governor of the State certifies that all
of the objectives of this section are being met in the
specified area; or
`(B) for projects anywhere in the State if the
State has established a statewide program for meeting
the objectives of this section.
`(d) Competitive Process for Grants to Subrecipients.--
`(1) Areawide solicitations.--A recipient of funds
apportioned under subsection (c)(1)(A) shall conduct, in
cooperation with the appropriate metropolitan planning
organization, an areawide solicitation for applications for
grants to the recipient and subrecipients under this section.
`(2) Statewide solicitation.--A recipient of funds
apportioned under subsection (c)(1)(B) or (c)(1)(C) shall
conduct a statewide solicitation for applications for grants to
the recipient and subrecipients under this section.
`(3) Application.--Recipients and subrecipients seeking to
receive a grant from funds apportioned under subsection (c)
shall submit to the recipient an application in the form and in
accordance with such requirements as the recipient shall
establish.
`(4) Grant awards.--The recipient shall award grants under
paragraphs (1) and (2) on a competitive basis.
`(e) Transfers.--
`(1) In general.--A State may transfer any funds
apportioned to it under subsection (c)(1)(B) or (c)(1)(C), or
both, to an apportionment under section 5311(c) or 5336, or
both.
`(2) Limited to eligible projects.--Any apportionment
transferred under this subsection shall be made available only
for eligible job access and reverse commute projects as
described in this section.
`(3) Consultation.--A State may make a transfer of an
amount under this subsection only after consulting with
responsible local officials and publicly owned operators of
public transportation in each area for which the amount
originally was awarded under subsection (d)(4).
`(f) Grant Requirements.--
`(1) In general.--A grant under this section shall be
subject to the requirements of section 5307.
`(2) Fair and equitable distribution.--A recipient of a
grant under this section shall certify to the Secretary that
allocations of the grant to subrecipients are distributed on a
fair and equitable basis.
`(g) Coordination.--
`(1) In general.--The Secretary shall coordinate activities
under this section with related activities under programs of
other Federal departments and agencies.
`(2) With nonprofit providers.--A State that transfers
funds to an apportionment under section 5336 pursuant to
subsection (e) shall certify to the Secretary that any project
for which the funds are requested under this section has been
coordinated with nonprofit providers of services.
`(3) Project selection and planning.--A recipient of funds
under this section shall certify to the Secretary that--
`(A) the projects selected were derived from a
locally developed, coordinated public transit-human
services transportation plan; and
`(B) the plan was developed through a process that
included representatives of public, private, and
nonprofit transportation and human services providers
and participation by the public.
`(h) Government's Share of Costs.--
`(1) Capital projects.--A grant for a capital project under
this section may not exceed 80 percent of the net capital costs
of the project, as determined by the Secretary.
`(2) Operating assistance.--A grant made under this section
for operating assistance may not exceed 50 percent of the net
operating costs of the project, as determined by the Secretary.
`(3) Remainder.--The remainder of the net project costs--
`(A) may be provided from an undistributed cash
surplus, a replacement or depreciation cash fund or
reserve, a service agreement with a State or local
social service agency or a private social service
organization, or new capital; and
`(B) may be derived from amounts appropriated to or
made available to a department or agency of the
Government (other than the Department of
Transportation) that are eligible to be expended for
transportation.
`(4) Use of certain funds.--For purposes of paragraph
(3)(B), the prohibitions on the use of funds for matching
requirements under section 403(a)(5)(C)(vii) of the Social
Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to
Federal or State funds to be used for transportation purposes.
`(5) Limitation on operating assistance.--A recipient
carrying out a program of operating assistance under this
section may not limit the level or extent of use of the
Government grant for the payment of operating expenses.
`(i) Program Evaluation.--
`(1) Comptroller general.--Beginning 1 year after the date
of enactment of the Federal Public Transportation Act of 2005,
and every 2 years thereafter, the Comptroller General shall--
`(A) conduct a study to evaluate the grant program
authorized by this section; and
`(B) transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of
the Senate a report describing the results of the study
under subparagraph (A).
`(2) Department of transportation.--Not later than 3 years
after the date of enactment of Federal Public Transportation
Act of 2005, the Secretary shall--
`(A) conduct a study to evaluate the effectiveness
of the grant program authorized by this section and the
effectiveness of recipients making grants to
subrecipients under this section; and
`(B) transmit to the committees referred to in
paragraph (1)(B) a report describing the results of the
study under subparagraph (A).'.
(b) Conforming Amendment.--The analysis for chapter 53 is amended
by inserting after the item relating to section 5315 the following:
`5316. Job access and reverse commute formula grants.'.
(c) Repeal.--Section 3037 of the Transportation Equity Act for the
21st Century (49 U.S.C. 5309 note; 112 Stat. 387) is repealed.
SEC. 3018. NEW FREEDOM PROGRAM.
(a) In General.--Chapter 53 is further amended by inserting after
section 5316 the following:
`Sec. 5317. New Freedom program
`(a) Definitions.--In this section, the following definitions
apply:
`(1) Recipient.--The term ``recipient'' means a designated
recipient (as defined in section 5307(a)(2)) and a State that
receives a grant under this section directly.
`(2) Subrecipient.--The term ``subrecipient'' means a State
or local governmental authority, nonprofit organization, or
operator of public transportation services that receives a
grant under this section indirectly through a recipient.
`(b) General Authority.--
`(1) Grants.--The Secretary may make grants under this
section to a recipient for new public transportation services
and public transportation alternatives beyond those required by
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) that assist individuals with disabilities with
transportation, including transportation to and from jobs and
employment support services.
`(2) Administrative expenses.--A recipient may use not more
than 10 percent of the amounts apportioned to the recipient
under this section to administer, plan, and provide technical
assistance for a project funded under this section.
`(c) Apportionments.--
`(1) Formula.--The Secretary shall apportion amounts made
available to carry out this section as follows:
`(A) 60 percent of the funds shall be apportioned
among designated recipients (as defined in section
5307(a)(2)) for urbanized areas with a population of
200,000 or more in the ratio that--
`(i) the number of individuals with
disabilities in each such urbanized area; bears
to
`(ii) the number of individuals with
disabilities in all such urbanized areas.
`(B) 20 percent of the funds shall be apportioned
among the States in the ratio that--
`(i) the number of individuals with
disabilities in urbanized areas with a
population of less than 200,000 in each State;
bears to
`(ii) the number of individuals with
disabilities in urbanized areas with a
population of less than 200,000 in all States.
`(C) 20 percent of the funds shall be apportioned
among the States in the ratio that--
`(i) the number of individuals with
disabilities in other than urbanized areas in
each State; bears to
`(ii) the number of individuals with
disabilities in other than urbanized areas in
all States.
`(2) Use of apportioned funds.--Except as provided in
paragraph (3)--
`(A) funds apportioned under paragraph (1)(A) shall
be used for projects serving urbanized areas with a
population of 200,000 or more;
`(B) funds apportioned under paragraph (1)(B) shall
be used for projects serving urbanized areas with a
population of less than 200,000; and
`(C) funds apportioned under paragraph (1)(C) shall
be used for projects serving other than urbanized
areas.
`(3) Low density adjustment.--
`(A) Smaller urbanized areas.--In administering the
apportionment formula under paragraph (1)(B)--
`(i) in the case of a State with a
population density of 10 or fewer persons per
square mile in other than urbanized areas of
the State, the Secretary shall multiply by a
factor of 2 the number of individuals with
disabilities in urbanized areas of the State
with a population of less than 200,000 (as
determined using the most recent decennial
United States Census); and
`(ii) in the case of a State with a
population density of more than 10 but equal to
or fewer than 30 persons per square mile, the
Secretary shall multiply by a factor of 1.25
the number of individuals with disabilities in
urbanized areas of the State with a population
of less than 200,000 (as determined using the
most recent decennial United States Census).
`(B) Other than urbanized areas.--In administering
the apportionment formula under paragraph (1)(C)--
`(i) in the case of a State with a
population density of 10 or fewer persons per
square mile in other than urbanized areas of
the State, the Secretary shall multiply by a
factor of 1.5 the number of individuals with
disabilities in other than urbanized areas of
the State (as determined using the most recent
decennial United States Census); and
`(ii) in the case of a State with a
population density of more than 10 but equal to
or fewer than 12 persons per square mile in
other than urbanized areas of the State, the
Secretary shall multiply by a factor of 1.25
the number of individuals with disabilities in
other than urbanized areas of the State (as
determined using the most recent decennial
United States Census).
`(4) Transfers.--
`(A) In general.--A State may transfer any funds
apportioned to it under paragraph (1)(B) or (1)(C), or
both, to an apportionment under section 5311(c) or
5336, or both.
`(B) Limited to eligible projects.--Any funds
transferred pursuant to this paragraph shall be made
available only for eligible projects selected under
this section.
`(C) Consultation.--A State may make a transfer of
an amount under this subsection only after consulting
with responsible local officials and publicly owned
operators of public transportation in each area for
which the amount originally was awarded under
subsection (d)(4).
`(d) Competitive Process for Grants to Subrecipients.--
`(1) Areawide solicitations.--A recipient of funds
apportioned under subsection (c)(1)(A) shall conduct, in
cooperation with the appropriate metropolitan planning
organization, an areawide solicitation for applications for
grants to the recipient and subrecipients under this section.
`(2) Statewide solicitation.--A recipient of funds
apportioned under subsection (c)(1)(B) or (c)(1)(C) shall
conduct a statewide solicitation for applications for grants to
the recipient and subrecipients under this section.
`(3) Application.--Recipients and subrecipients seeking to
receive a grant from funds apportioned under subsection (c)
shall submit to the recipient an application in the form and in
accordance with such requirements as the recipient shall
establish.
`(4) Grant awards.--The recipient shall award grants under
paragraphs (1) and (2) on a competitive basis.
`(e) Grant Requirements.--
`(1) In general.--Except as provided in paragraph (2), a
grant under this section shall be subject to all the
requirements of section 5307.
`(2) Employee protective arrangements.--Section 5333(b)
shall apply to grants under this section, except that the
Secretary of Labor shall utilize, for urbanized areas with a
population of less than 200,000 and for other than urbanized
areas, a special warranty described in section 215.7 of title
29, Code of Federal Regulations (as in effect on the date of
enactment of the Federal Public Transportation Act of 2005),
that provides a fair and equitable arrangement to protect the
interest of employees.
`(3) Fair and equitable distribution.--A recipient of a
grant under this section shall certify that allocations of the
grant to subrecipients are distributed on a fair and equitable
basis.
`(f) Coordination.--
`(1) In general.--The Secretary shall coordinate activities
under this section with related activities under programs of
other Federal departments and agencies.
`(2) With nonprofit providers.--A recipient that transfers
funds to an apportionment under section 5336 pursuant to
subsection (c)(2) shall certify that the project for which the
funds are requested under this section has been coordinated
with nonprofit providers of services.
`(3) Project selection and planning.--A recipient of funds
under this section shall certify that--
`(A) the projects selected were derived from a
locally developed, coordinated public transit-human
services transportation plan; and
`(B) the plan was developed through a process that
included representatives of public, private, and
nonprofit transportation and human services providers
and participation by the public.
`(g) Government's Share of Costs.--
`(1) Capital projects.--A grant for a capital project under
this section may not exceed 80 percent of the net capital costs
of the project, as determined by the Secretary.
`(2) Operating assistance.--A grant made under this section
for operating assistance may not exceed 50 percent of the net
operating costs of the project, as determined by the Secretary.
`(3) Remainder.--The remainder of the net project costs--
`(A) may be provided from an undistributed cash
surplus, a replacement or depreciation cash fund or
reserve, a service agreement with a State or local
social service agency or a private social service
organization, or new capital; and
`(B) may be derived from amounts appropriated to or
made available to a department or agency of the
Government (other than the Department of
Transportation) that are eligible to be expended for
transportation.
`(4) Use of certain funds.--For purposes of paragraph
(3)(B), the prohibitions on the use of funds for matching
requirements under section 403(a)(5)(C)(vii) of the Social
Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to
Federal or State funds to be used for transportation purposes.
`(5) Limitation on operating assistance.--A recipient
carrying out a program of operating assistance under this
section may not limit the level or extent of use of the
Government grant for the payment of operating expenses.'.
(b) Conforming Amendment.--The analysis for chapter 53 is amended
by inserting after the item relating to section 5316 the following:
`5317. New freedom program.'.
SEC. 3019. BUS TESTING FACILITY.
(a) In General.--Section 5318 is amended--
(1) by striking subsection (a) and inserting the following:
`(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.';
(2) in subsection (d) by striking `under section
5309(m)(1)(C) of this title' and inserting `to carry out this
section'; and
(3) by striking subsection (e) and inserting the following:
`(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).'.
(b) Conforming Amendment.--Section 5323(c) is repealed.
SEC. 3020. BICYCLE FACILITIES.
The first sentence of section 5319 is amended--
(1) by striking `5309(h),' and inserting `5309(g),'; and
(2) by striking `and 5311' and inserting `5311, and 5320'.
SEC. 3021. TRANSIT IN THE PARKS PILOT PROGRAM.
(a) In General.--Section 5320 is amended to read as follows:
`Sec. 5320. Transit in the parks pilot program
`(a) Public Transportation Defined.--In this section, the term
``public transportation'' means general or special transportation to
the public by a conveyance that is publicly or privately owned. Such
term does not include schoolbus or charter transportation but does
include sightseeing transportation.
`(b) Establishment.--Not later than 90 days after the date of
enactment of the Federal Public Transportation Act of 2005, the
Secretary of Transportation and the Secretary of the Interior shall
enter into a memorandum of understanding to establish a transit in the
parks pilot program in accordance with the requirements of this
section.
`(c) Purpose.--The purpose of the pilot program shall be to
encourage and promote the development of transportation systems
described in section 5301(a) within units of the National Park System
to improve visitor mobility and enjoyment (including visitors with
disabilities), reduce pollution and congestion, and enhance resource
protection through the use of public transportation.
`(d) Administration of Program.--The program shall be administered
by the Secretary of Transportation, in consultation with the Secretary
of the Interior.
`(e) Memorandum of Understanding.--
`(1) Planning.--The memorandum of understanding under
subsection (b) shall include transportation planning procedures
that are consistent with the metropolitan and statewide
planning processes required under chapter 52.
`(2) Programs.--The memorandum of understanding shall
include descriptions of programs and activities eligible for
assistance under the pilot program.
`(3) Exceptions.--The memorandum of understanding shall
limit or modify the applicability of the provisions referred to
in subsection (f) to the extent necessary to carry out the
objectives of this section and to be compatible with the laws
and regulations governing units of the National Park System.
`(f) Eligible Use of Funds.--Except as provided under subsection
(e)(3), the Secretary may provide funds made available to carry out
this section to the Secretary of the Interior under interagency
agreements for the following purposes:
`(1) Planning, engineering, design, and evaluation.--
Planning, engineering, design, and evaluation of public
transportation projects in units of the National Park System,
and for technical studies, in accordance with section
5305(b)(2).
`(2) Public transportation capital projects.--Public
transportation capital projects (as defined in section
5302(a)(1)) for such units in accordance with all the terms and
conditions to which a grant is made under subsections (a), (b),
(c), and (d) of section 5307 and such other terms and
conditions as are determined by the Secretary. The Secretary of
the Interior shall act as the designated recipient for the
purposes of subsection (a)(2) of section 5307.
`(3) Operating costs.--Operating costs of equipment and
facilities used in public transportation for such units.
`(g) Government's Share of Costs.--
`(1) Capital projects.--The Government share of the cost of
any capital project or activity under this section shall be 100
percent of the costs of the project, as determined by the
Secretary.
`(2) Operating assistance.--A grant made under this section
for operating assistance may not exceed 50 percent of the net
operating costs of the project, as determined by the Secretary.
`(h) Savings Clause.--Nothing in this section shall be construed as
superseding, amending, modifying, or repealing any provision of law
applicable to units of the National Park System.'.
(b) Conforming Amendment.--The analysis for such chapter is further
amended by striking the item relating to section 5320 and inserting the
following:
`5320. Transit in the parks pilot program.'.
SEC. 3022. HUMAN RESOURCE PROGRAMS.
Section 5322 is amended--
(1) by inserting `(a) In General.--' before `The
Secretary'; and
(2) by adding at the end the following:
`(b) Grants to Higher Learning Institutions.--
`(1) Authority to make grants.--The Secretary may make
grants to nonprofit institutions of higher learning--
`(A) to conduct research and investigations into
the theoretical or practical problems of public
transportation; and
`(B) to train individuals to conduct further
research or obtain employment in an organization that
plans, builds, operates, or manages a public
transportation system.
`(2) Research and investigations.--Research and
investigations under this subsection include--
`(A) the design and use of public transportation
systems and public roads and highways;
`(B) the interrelationship between various modes of
urban, suburban, rural, and intercity transportation;
`(C) the role of transportation planning in overall
urban planning;
`(D) public preferences in transportation;
`(E) the economic allocation of transportation
resources; and
`(F) the legal, financial, engineering, and
esthetic aspects of public transportation.
`(3) Preference.--When making a grant under this
subsection, the Secretary shall give preference to an
institution that brings together knowledge and expertise in the
various social science and technical disciplines related to
public transportation problems.
`(c) Fellowships.--
`(1) Authority to make grants.--The Secretary may make
grants to States, local governmental authorities, and operators
of public transportation systems to provide fellowships to
train personnel employed in managerial, technical, and
professional positions in the public transportation field.
`(2) Terms.--
`(A) Period of training.--A fellowship under this
subsection may be for not more than one year of
training in an institution that offers a program
applicable to the public transportation industry.
`(B) Selection of individuals.--The recipient of
the grant shall select an individual on the basis of
demonstrated ability and for the contribution the
individual reasonably can be expected to make to an
efficient public transportation operation.
`(C) Amount.--A grant for a fellowship may not be
more than the lesser of $65,000 or 75 percent of--
`(i) tuition and other charges to the
fellowship recipient;
`(ii) additional costs incurred by the
training institution and billed to the grant
recipient; and
`(iii) the regular salary of the fellowship
recipient for the period of the fellowship to
the extent the salary is actually paid or
reimbursed by the grant recipient.'.
SEC. 3023. GENERAL PROVISIONS ON ASSISTANCE.
(a) Interests in Property.--Section 5323(a)(1) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking `private mass transportation
company' each place it appears and inserting `private
company engaged in public transportation';
(B) by striking `mass transportation equipment or a
mass transportation facility' and inserting `a public
transportation facility or equipment'; and
(C) by striking `mass transportation company' and
inserting `public transportation company'; and
(2) in subparagraph (B) by striking `private mass
transportation companies' and inserting `private companies
engaged in public transportation'.
(b) Notice and Public Hearing.--Section 5323(b) is amended--
(1) in paragraph (1)--
(A) by striking `(1) An application' and inserting
the following:
`(1) Applications.--An application';
(B) in the matter preceding subparagraph (A) by
striking `or loan'; and
(C) by moving subparagraphs (A) through (D) 2 ems
to the right;
(2) in paragraph (2) by striking `(2) Notice of' and
inserting the following:
`(2) Notice.--Notice of'; and
(3) by adding at the end the following:
`(3) Environmental record.--An applicant shall include in
the environmental record for a project under this chapter
evidence that the applicant has complied with the requirements
of subparagraphs (A) through (D) of paragraph (1).'.
(c) Condition on Charter Bus Transportation Service.--Section
5323(d) is amended--
(1) by striking `(1) Financial assistance' and inserting
the following:
`(1) Agreements.--Financial assistance'; and
(2) by striking paragraph (2) and inserting the following:
`(2) Violations.--
`(A) Investigations.--On receiving a complaint
about a violation of the agreement required under
paragraph (1), the Secretary shall investigate and
decide whether a violation has occurred.
`(B) Enforcement of agreements.--If the Secretary
decides that a violation has occurred, the Secretary
shall correct the violation under terms of the
agreement.
`(C) Additional remedies.--In addition to any
remedy specified in the agreement, the Secretary shall
bar a recipient or an operator from receiving Federal
transit assistance in an amount the Secretary considers
appropriate if the Secretary finds a pattern of
violations of the agreement.'.
(d) Bond Proceeds Eligible for Local Share.--Section 5323(e) is
amended to read as follows:
`(e) Bond Proceeds Eligible for Local Share.--
`(1) Use as local matching funds.--Notwithstanding any
other provision of law, a recipient of assistance under section
5307 or 5309 may use the proceeds from the issuance of revenue
bonds as part of the local matching funds for a capital
project.
`(2) Maintenance of effort.--The Secretary shall approve of
the use of the proceeds from the issuance of revenue bonds for
the remainder of the net project cost only if the Secretary
finds that the aggregate amount of financial support for public
transportation in the urbanized area provided by the State and
affected local governmental authorities during the next 3
fiscal years, as programmed in the State transportation
improvement program under chapter 52 is not less than the
aggregate amount provided by the State and affected local
governmental authorities in the urbanized area during the
preceding 3 fiscal years.
`(3) Debt service reserve.--The Secretary may reimburse an
eligible recipient for deposits of bond proceeds in a debt
service reserve that recipient established pursuant to section
5302(a)(1)(K) from amounts made available to the recipient
under section 5307 or 5309, or both; except that such
reimbursement in a fiscal year may not exceed 10 percent of the
amounts made available to the recipient under section 5307 in
such fiscal year.'.
(e) Schoolbus Transportation.--Section 5323(f) is amended--
(1) by striking `(1) Financial assistance' and inserting
the following:
`(1) Agreements.--Financial assistance';
(2) in paragraph (1) by moving subparagraphs (A), (B), and
(C) 2 ems to the right; and
(3) by striking paragraph (2) and inserting the following:
`(2) Violations.--If the Secretary finds that an applicant,
governmental authority, or publicly owned operator has violated
the agreement required under paragraph (1), the Secretary shall
bar a recipient or an operator from receiving Federal transit
assistance in an amount the Secretary considers appropriate.'.
(f) Buying Buses Under Other Laws.--Section 5323(g) is amended by
striking `103(e)(4)' each place it appears and inserting `133'.
(g) Buy America.--
(1) Public interest waiver.--Section 5323(j) is amended--
(A) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively; and
(B) by inserting after paragraph (2) the following:
`(3) Written justification for public interest waiver.--
When issuing a waiver based on a public interest determination
under paragraph (2)(A), the Secretary shall issue a detailed
written justification as to why the waiver is in the public
interest. The Secretary shall publish such justification in the
Federal Register and provide the public with a reasonable
period of time for notice and comment.'.
(2) Ineligibility for contracts.--Section 5323(j)(6) (as so
redesignated) is amended by striking `Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240, 105
Stat. 1914)' and inserting `Federal Public Transportation Act
of 2004'.
(3) Administrative review.--Section 5323(j) is amended by
adding at the end the following:
`(9) Administrative review.--A party adversely affected by
an agency action under this subsection shall have the right to
seek review under section 702 of title 5, United States Code.'.
(4) Repeal of general waiver.--Subsections (b) and (c) of
Appendix A of section 661.7 of title 49, Code of Federal
Regulations, shall cease to be in effect beginning on the date
of enactment of this Act.
(h) Grant Requirements.--Section 5323(o) is amended by striking
`the Transportation Infrastructure Finance and Innovation Act of 1998'
and inserting `chapter 6 (other than section 609) of title 23'.
SEC. 3024. SPECIAL PROVISIONS FOR CAPITAL PROJECTS.
(a) In General.--Section 5324 is amended to read as follows:
`Sec. 5324. Special provisions for capital projects
`(a) Relocation Program Requirements.--Financial assistance may be
provided under section 5309 only if the Secretary decides that--
`(1) an adequate relocation program is being carried out
for families displaced by a project; and
`(2) an equal number of decent, safe, and sanitary
dwellings are being, or will be, provided to those families in
the same area or in another area generally not less desirable
for public utilities and public and commercial facilities, at
rents or prices within the financial means of those families,
and with reasonable access to their places of employment.
`(b) Consideration of Economic, Social, and Environmental
Interests.--
`(1) Cooperation and consultation.--In carrying out the
policy of section 5301(e), the Secretary shall cooperate and
consult with the Secretaries of the Interior, Health and Human
Services, and Housing and Urban Development and the
Administrator of the Environmental Protection Agency on each
project that may have a substantial impact on the environment.
`(2) Public participation in environmental reviews.--In
performing environmental reviews, the Secretary shall review
each transcript of a hearing submitted under section 5323(b) to
establish that an adequate opportunity to present views was
given to all parties having a significant economic, social, or
environmental interest in the project, and that the project
application includes a record of--
`(A) the environmental impact of the proposal;
`(B) adverse environmental effects that cannot be
avoided;
`(C) alternatives to the proposal; and
`(D) irreversible and irretrievable impacts on the
environment.
`(3) Approval of applications for assistance.--
`(A) Findings by the secretary.--The Secretary may
approve an application for financial assistance for a
capital project in accordance with this chapter only if
the Secretary makes written findings, after reviewing
the application and the transcript of any hearing held
before a State or local governmental authority under
section 5323(b), that--
`(i) an adequate opportunity to present
views was given to all parties having a
significant economic, social, or environmental
interest;
`(ii) the preservation and enhancement of
the environment and the interest of the
community in which the project is located were
considered; and
`(iii) no adverse environmental effect is
likely to result from the project, or no
feasible and prudent alternative to the effect
exists and all reasonable steps have been taken
to minimize the effect.
`(B) Hearing.--If a hearing has not been conducted
or the Secretary decides that the record of the hearing
is inadequate for making the findings required by this
subsection, the Secretary shall conduct a hearing on an
environmental issue raised by the application after
giving adequate notice to interested persons.
`(C) Availability of findings.--The Secretary's
findings under subparagraph (A) shall be made a matter
of public record.'.
(b) Conforming Amendment.--The analysis for chapter 53 is amended
by striking the item relating to section 5324 and inserting the
following:
`5324. Special provisions for capital projects.'.
SEC. 3025. CONTRACT REQUIREMENTS.
(a) In General.--Section 5325 is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
`(a) Competition.--Recipients of Federal assistance under this
chapter shall conduct all procurement transactions involving such
assistance in a manner providing full and open competition, as
determined by the Secretary.
`(b) Architectural, Engineering, and Design Contracts.--
`(1) Procedures for awarding contract.--A contract or
requirement for program management, architectural engineering,
construction management, a feasibility study, and preliminary
engineering, design, architectural, engineering, surveying,
mapping, or related services for a project for which Federal
assistance is provided under this chapter shall be awarded in
the same way as a contract for architectural and engineering
services is negotiated under chapter 11 of title 40 or an
equivalent qualifications-based requirement of a State.
`(2) Effect of state laws.--This subsection does not apply
to the extent a State has adopted, before the date of enactment
of the Federal Public Transportation Act of 2005, by law a
formal procedure for procuring those services.
`(3) Administration of contracts.--When awarding such
contracts, recipients of assistance under this chapter shall
maximize efficiencies of administration by accepting
nondisputed audits conducted by other governmental agencies as
follows:
`(A) Performance of audits.--Any contract or
subcontract awarded under this chapter shall be
performed and audited in compliance with cost
principles contained in the Federal Acquisition
Regulation (part 31 of title 48, Code of Federal
Regulations).
`(B) Indirect cost rates.--Instead of performing
its own audits, a recipient of funds under a contract
or subcontract awarded under this chapter shall accept
indirect cost rates established in accordance with the
Federal Acquisition Regulation for one-year applicable
accounting periods by a cognizant Federal or State
government agency, if such rates are not currently
under dispute.
`(C) Application of rates.--Once a firm's indirect
cost rates are accepted under this paragraph, the
recipient of the funds shall apply such rates for the
purposes of contract estimation, negotiation,
administration, reporting, and contract payment and
shall not be limited by administrative or de facto
ceilings.
`(D) Prenotification; confidentiality of data.--A
recipient of funds requesting or using the cost and
rate data described in paragraph (3) shall notify any
affected firm before such request or use. Such data
shall be confidential and shall not be accessible or
provided, in whole or in part, to another firm or to
any government agency that is not part of the group of
agencies sharing cost data under this paragraph, except
by written permission of the audited firm. If
prohibited by law, such cost and rate data shall not be
disclosed under any circumstances.'; and
(2) by adding at the end the following:
`(d) Design-Build System Projects.--
`(1) Definition.--In this section, the term ``design-build
system project'' means a project under which a recipient enters
into a contract with a seller, firm, or consortium of firms to
design and build a public transportation system or an operable
segment thereof that meets specific performance criteria. Such
project may also include an option to finance, or operate for a
period of time, the system or segment or any combination of
designing, building, operating, or maintaining such system or
segment.
`(2) Financial assistance.--Government financial assistance
under this chapter may be made available for the capital costs
of a design-build system project after the recipient complies
with Government requirements.
`(e) Multiyear Rolling Stock.--
`(1) Contracts.--A recipient procuring rolling stock with
Government financial assistance under this chapter may make a
multiyear contract to buy the rolling stock and replacement
parts under which the recipient has an option to buy additional
rolling stock or replacement parts for not more than 5 years
after the date of the original contract.
`(2) Cooperation among recipients.--The Secretary shall
allow at least 2 recipients to act on a cooperative basis to
procure rolling stock in compliance with this subsection and
other Government procurement requirements.
`(f) Acquiring Rolling Stock.--A recipient of financial assistance
under this chapter may enter into a contract to expend that assistance
to acquire rolling stock--
`(1) based on--
`(A) initial capital costs; or
`(B) performance, standardization, life cycle
costs, and other factors; or
`(2) with a party selected through a competitive
procurement process.
`(g) Examination of the Records.--Upon request, the Secretary, the
Comptroller General, or a representative of the Secretary or the
Comptroller General shall have access to and the right to examine and
inspect all records, documents, papers, including contracts, related to
a project for which a grant is made under this chapter.
`(h) Grant Prohibitions.--A grant may not be used to support a
procurement that uses an exclusionary or discriminatory
specification.'.
(b) Conforming Amendments.--Section 5326, and the item relating to
section 5326 in the analysis for chapter 53, are repealed.
SEC. 3026. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.
(a) Project Management Plan Requirements.--Section 5327(a) is
amended--
(1) by striking `and' at the end of paragraph (11);
(2) by striking the period at the end of paragraph (12) and
inserting `; and'; and
(3) by adding at the end the following:
`(13) safety and security management.'.
(b) Limitations.--Section 5327(c) is amended to read as follows:
`(c) Limitations.--
`(1) Limitations on use of available amounts.--The
Secretary may use not more than .5 percent of amounts made
available for a fiscal year to carry out section 5311, not more
than .75 percent of amounts made available for a fiscal year to
carry out section 5307, and not more than 1 percent of amounts
made available for a fiscal year to carry out section 5309 to
make contracts for the following activities:
`(A) To oversee the construction of a major
project.
`(B) To review and audit the safety and security,
procurement, management, and financial compliance of a
recipient or subrecipient of funds under sections 5307,
5309, and 5311.
`(C) To provide technical assistance to correct
deficiencies identified in compliance reviews and
audits carried out under this section.
`(2) Limitations on applicability.--Subsections (a), (b),
and (e) do not apply to contracts under this section for
activities described in paragraphs (1)(B) and (1)(C).
`(3) Government's share of costs.--The Government shall pay
the entire cost of carrying out a contract under this
subsection.'.
SEC. 3027. INVESTIGATIONS OF SAFETY AND HAZARDS.
(a) In General.--Section 5329 is amended to read as follows:
`Sec. 5329. Investigation of safety and hazards
`(a) In General.--The Secretary may investigate safety and security
risks associated with a condition in equipment, a facility, or an
operation financed under this chapter that the Secretary believes
causes a serious hazard of death or injury to establish the nature and
extent of the condition and how to eliminate, mitigate, or correct it.
`(b) Plans for Eliminating, Mitigating, or Correcting Hazards.--If
the Secretary establishes that a condition causes a hazard, the
Secretary shall require the local governmental authority receiving
amounts under this chapter to submit a plan for eliminating,
mitigating, or correcting it.
`(c) Withholding Financial Assistance.--Financial assistance under
this chapter, in an amount to be determined by the Secretary, may be
withheld until a plan is approved and carried out.'.
(b) Conforming Amendment.--The analysis for chapter 53 is amended
by striking the item relating to section 5329 and inserting the
following:
`5329. Investigation of safety and hazards.'.
SEC. 3028. STATE SAFETY OVERSIGHT.
(a) In General.--Section 5330 is amended--
(1) by striking the section heading and all that follows
through subsection (a) and inserting the following:
`Sec. 5330. State safety oversight
`(a) Application.--This section applies only to--
`(1) States that have rail fixed guideway public
transportation systems not subject to regulation by the Federal
Railroad Administration; and
`(2) States that are designing rail fixed guideway public
transportation systems that will not be subject to regulation
by the Federal Railroad Administration.';
(2) in subsection (d) by inserting `shall ensure uniform
safety standards and enforcement and' after `affected States';
and
(3) by striking subsection (f).
(b) Conforming Amendment.--The analysis for chapter 53 is amended
by striking the item relating to section 5330 and inserting the
following:
`5330. State safety oversight.'.
SEC. 3029. CONTROLLED SUBSTANCES AND ALCOHOL MISUSE TESTING.
(a) Definitions.--Section 5331(a)(3) is amended by striking the
period at the end and inserting the following: `or section 2303a,
7101(i), or 7302(e) of title 46. The Secretary may also decide that a
form of public transportation is covered adequately, for employee
alcohol and controlled substances testing purposes, under the alcohol
and controlled substance statutes or regulations of an agency within
the Department of Transportation or the Coast Guard.'.
(b) Technical Corrections.--Subsections (b)(1) and (g) of section
5331 are each amended by striking `or section 103(e)(4) of title 23'.
(c) Regulations.--Section 5331(f) is amended by striking paragraph
(3).
SEC. 3030. EMPLOYEE PROTECTIVE ARRANGEMENTS.
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, 5317, 5318, 5320, 5323(a)(1), 5323(b), 5323(d), 5328,
5337, 5338(b), 5338(g), and 5338(h)'.
SEC. 3031. ADMINISTRATIVE PROCEDURES.
Section 5334 is amended--
(1) in subsection (a)--
(A) by striking `and' at the end of paragraph (9);
(B) by striking the period at the end of paragraph
(10) and inserting `; and'; and
(C) by adding at the end the following:
`(11) issue regulations as necessary to carry out the
purposes of this chapter.';
(2) by striking subsection (i);
(3) by redesignating subsections (b) through (h) as
subsections (c) through (i), respectively;
(4) by inserting after subsection (a) the following:
`(b) Prohibitions Against Regulating Operations and Charges.--
`(1) In general.--Except for purposes of national defense
or in the event of a national or regional emergency, the
Secretary may not regulate the operation, routes, or schedules
of a public transportation system for which a grant is made
under this chapter, nor may the Secretary regulate the rates,
fares, tolls, rentals, or other charges prescribed by any
provider of public transportation.
`(2) Limitation on statutory construction.--Nothing in this
subsection shall be construed to prevent the Secretary from
requiring a recipient of funds under this chapter to comply
with the terms and conditions of its Federal assistance
agreement.';
(5) in subsection (c)(4) (as redesignated by paragraph (3)
of this section)--
(A) by striking `subsections (h) and (i)' and
inserting `subsection (i)'; and
(B) by striking `5323(c), 5323(e), 5324(c),'; and
(6) by adding at the end of subsection (c) (as redesignated
by paragraph (3) of this section) the following:
`(5) Nonregulatory substantive policy statements.--The
Secretary shall provide notice and an opportunity for public
comment at least 60 days before issuing any nonregulatory
substantive policy statements (regardless of the form of
issuance), including guidance, policy statements, and
regulatory interpretations.'.
SEC. 3032. NATIONAL TRANSIT DATABASE.
(a) In General.--Section 5335 is amended--
(1) by striking the section heading and inserting the
following:
`Sec. 5335. National transit database';
(2) by striking subsection (b); and
(3) in subsection (a)--
(A) by striking `(1) To help' and inserting `To
help'; and
(B) by striking `(2) The Secretary' and inserting
`(b) Reporting and Uniform Systems.--The Secretary'.
(b) Conforming Amendment.--The analysis for chapter 53 is amended
by striking the item relating to section 5335 and inserting the
following:
`5335. National transit database.'.
SEC. 3033. APPORTIONMENTS BASED ON FIXED GUIDEWAY FACTORS.
(a) Distribution.--Section 5337 is amended--
(1) by striking the section designation and all that
follows before paragraph (1) of subsection (a) and inserting
the following:
`Sec. 5337. Apportionment based on fixed guideway factors
`(a) Distribution.--The Secretary shall apportion amounts made
available for fixed guideway modernization under sections 5338(b) and
5338(g) as follows:';
(2) in subsection (a) by striking `(e)(1)' each place it
appears and inserting `(e)'; and
(3) in subsection (a) by striking `(e)(2)' each place it
appears and inserting `(e)'.
(b) Route Segments to Be Included in Apportionment Formulas.--
Section 5337(e) is amended by striking paragraph (1) and all that
follows through `(2) Other Standards.--'.
(c) Conforming Amendment.--The item relating to section 5337 in the
table of sections for chapter 53 is amended to read as follows:
`5337. Apportionment based on fixed guideway factors.'.
SEC. 3034. AUTHORIZATIONS.
Section 5338 is amended to read as follows:
`Sec. 5338. Authorizations
`(a) Formula Grants.--
`(1) Fiscal year 2004.--
`(A) From trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5307, 5308, 5310, 5311, 5316,
5317, and 5318 of this chapter, 1118(b) of the
Transportation Equity Act: A Legacy for Users (relating
to the nonmotorized transportation pilot program), and
section 3038 of the Transportation Equity Act for the
21st Century (49 U.S.C. 5310 note; 112 Stat. 392-393)
$3,132,304,000 for fiscal year 2004.
`(B) From general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out sections
5307, 5308, 5310, 5311, 5316, and 5318 of this chapter,
1118(b) of the Transportation Equity Act: A Legacy for
Users (relating to the nonmotorized transportation
pilot program), and section 3038 of the Transportation
Equity Act for the 21st Century (49 U.S.C. 5310 note;
112 Stat. 392-393) $783,076,000 for fiscal year 2004.
`(C) Allocation of funds.--Of the aggregate of
amounts made available by and appropriated under this
paragraph for a fiscal year--
`(i) $4,849,950 shall be available to the
Alaska Railroad for improvements to its
passenger operations under section 5307;
`(ii) $125,000,000 shall be available to
provide job access and reverse commute formula
grants under section 5316;
`(iii) $50,000,000 shall be available to
provide clean fuels formula grants under
section 5308;
`(iv) $8,000,000 shall be available to
provide over-the-road bus accessibility grants
under section 3038 of the Transportation Equity
Act for the 21st Century (49 U.S.C. 5310 note);
`(v) $3,100,000 shall be available to carry
out bus testing under section 5318;
`(vi) $93,110,751 shall be available to
provide transportation services to elderly
individuals and individuals with disabilities
under section 5310;
`(vii) $297,954,404 shall be available to
provide financial assistance for other than
urbanized areas under section 5311; and
`(viii) $3,333,364,895 shall be available
to provide financial assistance for urbanized
areas under section 5307, subject to section
3041(h) of the Federal Public Transportation
Act of 2005.
`(2) Fiscal years 2005 through 2009.--
`(A) From trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5307, 5308, 5310, 5311, 5316,
5317, 5318, and 5320 of this chapter, section 3038 of
the Transportation Equity Act for the 21st Century (49
U.S.C. 5310 note; 112 Stat. 392-393), and section
1118(b) of the Transportation Equity Act: A Legacy for
Users (relating to the nonmotorized transportation
pilot program)--
`(i) $4,133,500,000 for fiscal year 2005;
`(ii) $4,592,000,000 for fiscal year 2006;
`(iii) $4,898,000,000 for fiscal year 2007;
`(iv) $5,223,000,000 for fiscal year 2008;
and
`(v) $5,570,000,000 for fiscal year 2009.
`(B) Allocation of funds for bus testing and over-
the-road bus accessibility.--Of the aggregate of
amounts made available by this paragraph for a fiscal
year--
`(i) $3,100,000 shall be available to carry
out section 5318; and
`(ii) $8,000,000 shall be available to
carry out section 3038 of the Transportation
Equity Act for the 21st Century (49 U.S.C. 5310
note).
`(C) Allocation of funds for clean fuels formula
grant program.--Of the aggregate of amounts made
available by this paragraph, $75,000,000 for fiscal
year 2005 and $100,000,000 for each of fiscal years
2006, 2007, 2008, and 2009 shall be available to carry
out section 5308.
`(D) Allocation of funds for job access and reverse
commute formula grant program.--Of the aggregate of
amounts made available by this paragraph, $150,000,000
for fiscal year 2005, $175,000,000 for fiscal year
2006, $200,000,000 for fiscal year 2007, $200,000,000
for fiscal year 2008, and $200,000,000 for fiscal year
2009 shall be available to carry out section 5316.
`(E) Allocation of funds for new freedom program.--
Of the aggregate of amounts made available by this
paragraph, $95,000,000 for fiscal year 2005,
$100,000,000 for fiscal year 2006, $105,000,000 for
fiscal year 2007, $115,000,000 for fiscal year 2008,
and $125,000,000 for fiscal year 2009 shall be
available to carry out section 5317.
`(F) Allocation of funds for transit in the parks
pilot program.--Of the aggregate of amounts made
available by this paragraph, $8,000,000 for fiscal year
2005, $16,000,000 for fiscal year 2006, $16,000,000 for
fiscal year 2007, $16,000,000 for fiscal year 2008, and
$16,000,000 for fiscal year 2009 shall be available to
carry out section 5320.
`(G) Allocation of funds for nonmotorized
transportation pilot program.--Of the aggregate of
amounts made available by this paragraph, $4,000,000
for fiscal year 2005, $4,000,000 for fiscal year 2006,
$4,000,000 for fiscal year 2007, $8,000,000 for fiscal
year 2008, and $8,000,000 for fiscal year 2009 shall be
available to carry out section 1118(b) of the
Transportation Equity Act: A Legacy for Users (relating
to the nonmotorized transportation pilot program).
`(H) Allocation of funds for the alaska railroad.--
Of the aggregate of amounts made available by this
paragraph, $10,000,000 for fiscal year 2005,
$11,000,000 for fiscal year 2006, $12,000,000 for
fiscal year 2007, $13,000,000 for fiscal year 2008, and
$14,000,000 for fiscal year 2009 shall be available to
the Alaska Railroad for improvements to its passenger
operations under section 5307.
`(I) Remainder.--Of the remainder of the aggregate
amounts made available by this paragraph for a fiscal
year after the allocations under subparagraphs (B)
through (H) for such fiscal year--
`(i) 2.5 percent shall be available to
provide transportation services to elderly
individuals and individuals with disabilities
under section 5310;
`(ii) 8.0 percent shall be available to
provide financial assistance for other than
urbanized areas under section 5311; and
`(iii) 89.5 percent shall be available to
provide financial assistance for urbanized
areas under section 5307, subject to section
3041(h) of the Federal Public Transportation
Act of 2005.
`(b) Capital Program Grants in Fiscal Year 2004.--
`(1) From trust fund.--There shall be available from the
Mass Transit Account of the Highway Trust Fund to carry out
section 5309, $2,499,504,000 for fiscal year 2004.
`(2) From general fund.--In addition to amounts made
available by paragraph (1), there is authorized to be
appropriated to carry out section 5309, $624,876,200 for fiscal
year 2004.
`(c) Planning.--
`(1) Fiscal year 2004.--
`(A) From trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5303, 5304, and 5305, $72,660,000
for fiscal year 2004.
`(B) From general fund.--In addition to amounts
made available by subparagraph (A), there is authorized
to be appropriated to carry out sections 5303, 5304,
and 5305, $18,165,000 for fiscal year 2004.
`(2) Fiscal years 2005 through 2009.--
`(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5303, 5304, and 5305--
`(i) $96,875,000 for fiscal year 2005;
`(ii) $103,325,000 for fiscal year 2006;
`(iii) $110,200,000 for fiscal year 2007;
`(iv) $117,537,500 for fiscal year 2008;
and
`(v) $125,362,500 for fiscal year 2009.
`(B) Allocation of funds.--Of the funds made
available by this paragraph for a fiscal year--
`(i) 82.72 percent shall be available for
metropolitan planning under sections 5303,
5304, and 5305 (other than 5305(e)); and
`(ii) 17.28 percent shall be available for
State planning under section 5305(e).
`(d) Research.--
`(1) Fiscal year 2004.--
`(A) From trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5311(b), 5312, 5313, 5314, 5315,
5322, and 5335, $41,888,000 for fiscal year 2004.
`(B) From general fund.--In addition to amounts
made available by subparagraph (A), there is authorized
to be appropriated to carry out sections 5311(b), 5312,
5313, 5314, 5315, 5322, and 5335, $10,472,000 for
fiscal year 2004.
`(C) Allocation of funds.--Of the funds made
available by or appropriated pursuant to this paragraph
for fiscal year 2004--
`(i) not less than $4,500,000 shall be
available to carry out programs under the
National Transit Institute under section 5315;
`(ii) not less than $3,500,000 shall be
available to carry out section 5335;
`(iii) not less than $3,500,000 shall be
available to carry out section 5314(a)(2); and
`(iv) not less than $8,860,000 shall be
available to carry out section 5313(a).
`(2) Fiscal years 2005 through 2009.--
`(A) From the general fund.--There is authorized to
be appropriated to carry out sections 5312, 5313, 5314,
5315, 5322, and 5335--
`(i) $54,500,000 for fiscal year 2005;
`(ii) $57,000,000 for fiscal year 2006;
`(iii) $59,500,000 for fiscal year 2007;
`(iv) $62,000,000 for fiscal year 2008; and
`(v) $64,500,000 for fiscal year 2009.
`(B) Allocation of funds.--Of the funds
appropriated pursuant to this paragraph for a fiscal
year--
`(i) not less than $4,500,000 shall be
available to carry out programs under the
National Transit Institute under section 5315;
`(ii) not less than $3,500,000 shall be
available to carry out section 5335; and
`(iii) not less than $3,500,000 shall be
available to carry out section 5314(a)(2).
`(C) Transit cooperative research program.--Of the
funds appropriated pursuant to this paragraph,
$9,000,000 for fiscal year 2005, $9,500,000 for fiscal
year 2006, $10,000,000 for fiscal year 2007,
$10,500,000 for fiscal year 2008, and $11,000,000 for
fiscal year 2009 shall be available to carry out
section 5313(a).
`(D) Remainder.--The remainder of the funds
appropriated pursuant to this paragraph for a fiscal
year after the allocations under subparagraphs (A) and
(B) for such fiscal year shall be available to carry
out national research and technology programs under
sections 5312, 5314, and 5322.
`(e) University Transportation Research.--
`(1) Fiscal year 2004.--
`(A) From trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5505 and 5506, $6,400,000 for
fiscal year 2004.
`(B) From general fund.--In addition to amounts
made available by subparagraph (A), there is authorized
to be appropriated to carry out sections 5505 and 5506,
$1,600,000 for fiscal year 2004.
`(2) Fiscal years 2005 through 2009.--Subject to paragraph
(3), there is authorized to be appropriated to carry out
sections 5505 and 5506, $8,000,000 for each of fiscal years
2005 through 2009.
`(3) Funding of university transportation centers.--
`(A) In general.--Of the amounts made available by
and appropriated under paragraphs (1) and (2)
$2,000,000 for each of fiscal years 2004, 2005, and
2006 shall be available for the institution identified
in section 5505(j)(3)(E), as so in effect.
`(B) Use of funds.--Funds made available for the
institution identified in subparagraph (A)(iii) shall
be used to make grants under 5506(f)(5) for that
institution
`(C) Special rule.--Nothing in this subsection
shall be construed to limit the transportation research
conducted by the centers funded by this section.
`(f) Administration.--
`(1) Fiscal year 2004.--
`(A) From trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out section 5334, $60,044,000 for fiscal year
2004.
`(B) From general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out section
5334, $15,011,000 for fiscal year 2004.
`(2) Fiscal years 2005 through 2009.--There are authorized
to be appropriated to carry out section 5334--
`(A) $78,000,000 for fiscal year 2005;
`(B) $80,000,000 for fiscal year 2006;
`(C) $82,000,000 for fiscal year 2007;
`(D) $84,000,000 for fiscal year 2008; and
`(E) $86,000,000 for fiscal year 2009.
`(g) Trust Fund Capital Program Grants.--There shall be available
from the Mass Transit Account of the Highway Trust Fund to carry out
sections 5309(m)(2)(B)(i) and 5309(m)(2)(B)(iii)--
`(1) $1,884,255,000 for fiscal year 2005;
`(2) $2,080,005,000 for fiscal year 2006;
`(3) $2,210,580,000 for fiscal year 2007;
`(4) $2,366,677,500 for fiscal year 2008; and
`(5) $2,518,882,500 for fiscal year 2009.
`(h) General Fund Capital Program Grants.--There are authorized to
be appropriated to carry out sections 5309(m)(2)(A) and
5309(m)(2)(B)(ii)--
`(1) $1,391,170,000 for fiscal year 2005;
`(2) $1,561,670,000 for fiscal year 2006;
`(3) $1,673,720,000 for fiscal year 2007;
`(4) $1,777,785,000 for fiscal year 2008; and
`(5) $1,904,255,000 for fiscal year 2009.
`(i) Grants as Contractual Obligations.--
`(1) Grants financed from highway trust fund.--A grant or
contract approved by the Secretary, that is financed with
amounts made available under subsection (a)(l)(A), (a)(2),
(b)(1), (c)(2), (d)(1)(A), (e)(1)(A), (f)(1)(A), or (g) is a
contractual obligation of the Government to pay the
Government's share of the cost of the project.
`(2) Grants financed from general fund.--A grant or
contract, approved by the Secretary, that is financed with
amounts made available under subsection (a)(l)(B), (b)(2),
(c)(1)(B), (d)(1)(B), (d)(2), (e)(1)(B), (e)(2), (f)(1)(B),
(f)(2), or (h) is a contractual obligation of the Government to
pay the Government's share of the cost of the project only to
the extent that amounts are provided in advance in an
appropriations Act.
`(j) Availability of Amounts.--Amounts made available by or
appropriated under subsections (a) through (h) shall remain available
until expended.'.
SEC. 3035. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.
(a) In General.--Section 3038 of the Transportation Equity Act for
the 21st Century (49 U.S.C. 5310 note; 112 Stat. 392) is amended--
(1) by striking the section heading and inserting the
following:
`SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.';
(2) by striking subsection (e) and inserting the following:
`(e) Federal Share of Costs.--The Federal share of costs under this
section shall be provided from funds made available to carry out this
section. The Federal share of the costs for a project shall not exceed
80 percent of the project cost.'; and
(3) by striking subsection (g) and inserting the following:
`(g) Funding.--
`(1) Intercity, fixed route over-the-road bus service.--Of
the amounts made available to carry out this section in each
fiscal year, 75 percent shall be available for operators of
over-the-road buses used substantially or exclusively in
intercity, fixed-route over-the-road bus service to finance the
incremental capital and training costs of the Department of
Transportation's final rule regarding accessibility of over-
the-road buses. Such amounts shall remain available until
expended.
`(2) Other over-the-road bus service.--Of the amounts made
available to carry out this section in each fiscal year, 25
percent shall be available for operators of other over-the-road
bus service to finance the incremental capital and training
costs of the Department of Transportation's final rule
regarding accessibility of over-the-road buses. Such amounts
shall remain available until expended.'.
(b) Conforming Amendments.--The table of contents contained in
section 1(b) of the Transportation Equity Act for the 21st Century (112
Stat. 107) is amended by striking the item relating to section 3038 and
inserting the following:
`3038. Over-the-road bus accessibility program.'.
SEC. 3036. UPDATED TERMINOLOGY.
(a) Amendments to Chapter 53.--Chapter 53 is amended--
(1) in the chapter heading by striking `mass' and inserting
`public';
(2) in section 5310(h) by striking `Mass' and inserting
`Public';
(3) in the subsection heading for section 5331(b) by
striking `Mass' and inserting `Public'; and
(4) by striking `mass' each place it appears in such
chapter before `transportation' and inserting `public', except
in sections 5301(f), 5302(a)(7), 5315, 5323(a)(1), and
5323(a)(1)(B).
(b) Table of Chapters.--The table of chapters for subtitle III is
amended in the item relating to chapter 53 by striking `mass' and
inserting `public'.
SEC. 3037. PROJECT AUTHORIZATIONS FOR NEW FIXED GUIDEWAY CAPITAL
PROJECTS.
(a) Existing Full Funding Grant Agreements.--The following projects
are authorized for final design and construction for existing full
funding grant agreements in not less than the amount specified for each
fiscal year:
(1) Baltimore--Central LRT Double Tracking $39,367,154 for
fiscal year 2004, $28,777,920 for fiscal year 2005, and
$12,655,664 for fiscal year 2006.
(2) Chicago--Chicago Transit Authority Douglas Branch
Reconstruction $83,655,202 for fiscal year 2004, $84,320,000
for fiscal year 2005, and $45,825,190 for fiscal year 2006.
(3) Chicago--Chicago Transit Authority Ravenswood Expansion
Project $9,841,789 for fiscal year 2004, $39,680,000 for fiscal
year 2005, $40,000,000 for fiscal year 2006, $40,000,000 for
fiscal year 2007, $40,000,000 for fiscal year 2008, and
$65,152,615 for fiscal year 2009.
(4) Cleveland--Euclid Corridor Transportation Project
$10,825,967 for fiscal year 2004, $24,800,000 for fiscal year
2005, and $24,974,513 for fiscal year 2006.
(5) Dallas--North Central LRT Extension $29,684,097 for
fiscal year 2004.
(6) Denver Southeast Corridor LRT $78,734,308 for fiscal
year 2004, $79,360,000 for fiscal year 2005, $80,000,000 for
fiscal year 2006, $80,000,000 for fiscal year 2007, and
$77,192,758 for fiscal year 2008.
(7) Fort Lauderdale--Tri-Rail Commuter Rail Upgrade
$18,118,733 for fiscal year 2004 and $11,318,230 for fiscal
year 2005.
(8) Los Angeles--Metro Gold Line Eastside Extension
$59,520,000 for fiscal year 2005, $80,000,000 for fiscal year
2006, $100,000,000 for fiscal year 2007, $80,000,000 for fiscal
year 2008, and $80,000,000 for fiscal year 2009.
(9) Memphis--Medical Center Extension $9,101,281 for fiscal
year 2004.
(10) Metra North Central Corridor Commuter Rail $19,177,300
for fiscal year 2004, $20,000,000 for fiscal year 2005, and
$20,613,452 for fiscal year 2006.
(11) Metra Southwest Corridor Commuter Rail $15,000,000 for
fiscal year 2004, $20,000,000 for fiscal year 2005, and
$7,281,395 for fiscal year 2006.
(12) Metra Union Pacific West Line Extension $17,000,000
for fiscal year 2004, $12,000,000 for fiscal year 2005, and
$14,285,749 for fiscal year 2006.
(13) Minneapolis--Hiawatha Corridor LRT $73,793,730 for
fiscal year 2004 and $33,428,865 for fiscal year 2005.
(14) New Jersey Urban Core--Hudson-Bergen LRT MOS-2
$98,417,885 for fiscal year 2004, $99,200,000 for fiscal year
2005, $100,000,000 for fiscal year 2006, $100,000,000 for
fiscal year 2007, and $53,202,995 for fiscal year 2008.
(15) New Jersey Urban Core--Newark-Elizabeth Rail Link MOS-
1 $22,209,000 for fiscal year 2004, $316,907 for fiscal year
2005, and $1,025,169 for fiscal year 2006.
(16) New Orleans MOS-1 Canal Street $22,922,877 for fiscal
year 2004 and $16,613,047 for fiscal year 2005.
(17) Phoenix--Central Phoenix/East Valley LRT $74,400,000
for fiscal year 2005, $90,000,000 for fiscal year 2006,
$90,000,000 for fiscal year 2007, $90,000,000 for fiscal year
2008, and $90,000,000 for fiscal year 2009.
(18) Pittsburgh--Stage II LRT Reconstruction $31,733,314
for fiscal year 2004 and $1,131,666 for fiscal year 2005.
(19) Portland--Interstate MAX LRT Extension $76,273,861 for
fiscal year 2004, $23,292,160 fiscal year 2005, and $18,292,550
for fiscal year 2006.
(20) Salt Lake City--Medical Center $30,178,231 for fiscal
year 2004 and $8,765,421 for fiscal year 2005.
(21) San Diego--Mission Valley East LRT Extension
$63,971,625 for fiscal year 2004, $80,896,880 fiscal year 2005,
and $8,353,424 for fiscal year 2006.
(22) San Diego--Oceanside Escondido Rail Corridor
$47,240,585 for fiscal year 2004, $54,560,000 fiscal year 2005,
and $12,211,061 for fiscal year 2006.
(23) San Francisco--BART Extension to San Francisco Airport
$98,417,890 for fiscal year 2004, $99,200,000 fiscal year 2005,
and $82,655,680 for fiscal year 2006.
(24) San Juan--Tren Urbano $19,683,577 for fiscal year
2004, $44,263,040 fiscal year 2005, and $10,555,900 for fiscal
year 2006.
(25) Seattle--Central Link Initial Segment LRT $73,813,414
for fiscal year 2004, $79,360,000 for fiscal year 2005,
$80,000,000 for fiscal year 2006, $80,000,000 for fiscal year
2007, $70,000,000 for fiscal year 2008, and $24,668,149 for
fiscal year 2009.
(26) Washington DC/MD--Largo Metrorail Extension
$63,971,625 for fiscal year 2004 and $76,156,450 for fiscal
year 2005.
(b) Final Design and Construction.--The following projects are
authorized for final design and construction for fiscal years 2004
through 2009 under paragraphs (1)(B), (2)(A), and (2)(B)(ii) of section
5309(m) of title 49, United States Code: [To be supplied]
(c) Alternatives Analysis and Preliminary Engineering.--The
following projects are authorized for alternatives analysis and
preliminary engineering for fiscal years 2004 through 2009 under
paragraphs (1)(B), (2)(A), and (2)(B)(ii) of section 5309(m) of title
49, United States Code: [To be supplied]
(d) Rules Relating to Funding.--
(1) Subsection (a) projects.--
(A) In general.--The Secretary is authorized to
expend funds made available under section 5309(m) of
title 49, United States Code, for final design and
construction of projects authorized by subsection (a)
as existing full funding grant agreements.
(B) Minimum funding levels.--The Secretary shall
make available not less than the following amounts for
projects authorized by subsection (a): $1,065,923,445
for fiscal year 2004, $1,071,360,586 for fiscal year
2005, $729,169,747 for fiscal year 2006, $490,000,000
for fiscal year 2007, $410,395,753 for fiscal year
2008, and $259,820,764 for fiscal year 2009.
(2) Subsection (b) projects.--
(A) In general.--Projects authorized by subsection
(b) for final design and construction are also
authorized for alternatives analysis and preliminary
engineering.
(B) Minimum funding levels.--The Secretary shall
make available not less than the following amounts for
projects authorized by subsection (b): $30,584,075 for
fiscal year 2004, $186,149,050 for fiscal year 2005,
$683,631,289 for fiscal year 2006, $1,024,856,176 for
fiscal year 2007, $1,199,242,825 for fiscal year 2008,
and $1,456,006,690 for fiscal year 2009.
(C) Priority.--In making funds available under
subparagraph (B), the Secretary shall first make such
funds available for any full funding grant agreement
executed by the Secretary in fiscal year 2005 after the
date of enactment of this Act and for any full funding
grant agreement executed by the Secretary in the amount
indicated in fiscal years 2005 through 2009 in the
amount indicated in the `Schedule of Federal Funds for
the Project' included in such agreement.
(3) Subsection (c) projects.--
(A) In general.--Effective October 1, 2006,
projects authorized by subsection (c) for alternatives
analysis and preliminary engineering are also
authorized for final design and construction.
(B) Maximum funding levels.--The Secretary shall
make available not more than the following amounts for
projects authorized by subsection (c): $95,348,480 for
fiscal year 2004, $109,348,664 for fiscal year 2005,
and $122,852,264 for fiscal year 2006.
(C) Maximum funding levels for alternatives
analysis and preliminary engineering.--In fiscal years
2007, 2008, and 2009, the Secretary shall make
available not more than the following amounts for
projects authorized by subsection (b), and projects
authorized by subsection (c), to conduct alternatives
analysis and preliminary engineering activities:
$131,726,624 in fiscal year 2007, $139,968,572 in
fiscal year 2008, and $149,984,996 in fiscal year 2009.
(e) New Jersey Urban Core Project.--Section 3031(d) of the
Intermodal Surface Transportation Efficiency Act of 1991 (112 Stat.
380; 105 Stat. 2122) is amended--
(1) by striking `associated components to and at the
contiguous New Jersey Meadowlands Sports Complex),' and
inserting `to and at the contiguous New Jersey Meadowlands
Sports Complex), including a connection to the Hudson River
Waterfront Transportation System, the Lackawanna Cutoff,'; and
(2) by striking `in Lakewood to Freehold to Matawan or
Jamesburg, New Jersey, as described in section 3035(p) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2131)' and inserting `from Lakehurst to the Northeast
Corridor or the New Jersey Coast Line'.
(f) New Jersey Trans-Hudson Midtown Corridor.--Project elements of
the New Jersey Trans-Hudson Midtown Corridor advanced with 100 percent
non-Federal funds shall be given consideration by the Federal Transit
Administration when evaluating the local share and mobility
improvements of the project in the new starts rating process, including
the purchase of bilevel rail equipment.
SEC. 3038. PROJECTS FOR BUS AND BUS-RELATED FACILITIES.
Of the amounts made available to carry out section
5309(m)(2)(B)(iii) of title 49, United States Code, for each of fiscal
years 2006 through 2008, the Secretary shall make funds available for
the following projects in not less than the amounts specified for the
fiscal year: [To be supplied]
SEC. 3039. NATIONAL FUEL CELL BUS TECHNOLOGY DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a national fuel
cell bus technology development program (in this section referred to as
the `program') to facilitate the development of commercially viable
fuel cell bus technology and related infrastructure.
(b) General Authority.--The Secretary may enter into grants,
contracts, and cooperative agreements with no more than 4
geographically diverse nonprofit organizations and recipients under
chapter 53 of title 49, United States Code, to conduct fuel cell bus
technology and infrastructure projects under the program.
(c) Grant Criteria.--In selecting applicants for grants under the
program, the Secretary shall consider the applicant's--
(1) ability to contribute significantly to furthering fuel
cell technology as it relates to transit bus operations,
including hydrogen production, energy storage, fuel cell
technologies, vehicle systems integration, and power
electronics technologies;
(2) financing plan and cost share potential;
(3) fuel cell technology to ensure that the program
advances different fuel cell technologies, including hydrogen-
fueled and methanol-powered liquid-fueled fuel cell
technologies, that may be viable for public transportation
systems; and
(4) other criteria that the Secretary determines are
necessary to carry out the program.
(d) Competitive Grant Selection.--The Secretary shall conduct a
national solicitation for applications for grants under the program.
Grant recipients shall be selected on a competitive basis. The
Secretary shall give priority consideration to applicants that have
successfully managed advanced transportation technology projects,
including projects related to hydrogen and fuel cell public
transportation operations for a period of not less than 10 years.
(e) Federal Share.--The Federal share of costs of the program shall
be provided from funds made available to carry out this section. The
Federal share of the cost of a project carried out under the program
shall not exceed 50 percent of such cost.
(f) Grant Requirements.--A grant under this section shall be
subject to--
(1) all terms and conditions applicable to a grant made
under section 5309 of title 49, United States Code; and
(2) such other terms and conditions as are determined by
the Secretary.
SEC. 3040. HIGH-INTENSITY SMALL-URBANIZED AREA FORMULA GRANT PROGRAM.
(a) Definitions.--In this section, the following definitions apply:
(1) Eligible area.--The term `eligible area' means an
urbanized area with a population of less than 200,000 that
meets or exceeds in one or more performance categories the
industry average for all urbanized areas with a population of
at least 200,000 but not more than 999,999, as determined by
the Secretary in accordance with subsection (c)(2).
(2) Performance category.--The term `performance category'
means each of the following:
(A) Passenger miles traveled per vehicle revenue
mile.
(B) Passenger miles traveled per vehicle revenue
hour.
(C) Vehicle revenue miles per capita.
(D) Vehicle revenue hours per capita.
(E) Passenger miles traveled per capita.
(F) Passengers per capita.
(b) General Authority.--In order to address the needs of small
urbanized areas with unusually high levels of public transportation
service, the Secretary shall make capital and operating grants under
this section to eligible recipients described in subsection (d) for use
in eligible areas.
(c) Apportionment.--
(1) Apportionment formula.--Funds made available for grants
under this section in a fiscal year shall be apportioned among
eligible areas in the ratio that--
(A) the number of performance categories for which
each eligible area meets or exceeds the industry
average in urbanized areas with a population of at
least 200,000 but not more than 999,999; bears to
(B) the aggregate number of performance categories
for which all eligible areas meet or exceed the
industry average in urbanized areas with a population
of at least 200,000 but not more than 999,999.
(2) Data used in formula.--The Secretary shall calculate
apportionments under this subsection for a fiscal year using
data from the national transit database used to calculate
apportionments for that fiscal year under section 5336 of title
49, United States Code.
(d) Eligible Recipient.--Grant amounts apportioned to an eligible
area under this section shall be made available to a public
transportation agency or other governmental entity in the eligible area
for obligation in the eligible area.
(e) Government's Share of Costs.--
(1) Capital grants.--A grant for a capital project under
this section (including associated capital maintenance items)
shall be for 80 percent of the net capital costs of the
project, as determined by the Secretary. The recipient may
provide additional local matching amounts for such projects.
(2) Operating grants.--A grant under this section for
operating assistance may not exceed 50 percent of the net
operating costs of the project, as determined by the Secretary.
(3) Remainder.--The remainder of the net project costs may
be provided from an undistributed cash surplus, a replacement
or depreciation cash fund or reserve, or new capital.
(f) Period of Availability.--Funds apportioned under this section
to an eligible area shall remain available for obligation in that
eligible area for a period of 3 years after the last day of the fiscal
year for which the funds are apportioned. Any amounts so apportioned
that remain unobligated at the end of that period shall be added to the
amount that may be apportioned under this section in the next fiscal
year.
(g) Application of Other Sections.--Sections 5302, 5318, 5323,
5332, 5333, and 5336(e) of title 49, United States Code, apply to this
section and to a grant made under this section.
(h) Funding.--Of the amounts made available to carry out section
5307 of title 49, United States Code, $38,000,000 for fiscal year 2005,
$41,000,000 for fiscal year 2006, $44,000,000 for fiscal year 2007,
$47,000,000 for fiscal year 2008, and $50,000,000 for fiscal year 2009
shall be available to carry out this section.
(i) Technical Amendments.--Section 5336 is amended--
(1) in subsection (a)--
(A) by striking `of this title' and inserting `to
carry out section 5307'; and
(B) in paragraph (2) by inserting before the period
at the end the following: `, except that the amount
apportioned to the Anchorage urbanized area under
subsection (b) shall be available to the Alaska
Railroad for any costs related to its passenger
operations';
(2) in subsection (b)(1) by inserting `and the Alaska
Railroad passenger operations' after `recipient';
(3) in subsection (j) by striking `a grant made under' each
place it appears and inserting `a grant made with funds
apportioned under'; and
(4) in subsection (k)(1) by striking `section 5302(a)(13)
of this title' and inserting `section 5302(a)'.
SEC. 3041. ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS.
(a) In General.--Amounts appropriated pursuant to section 5338(d)
of title 49, United States Code, for national research and technology
programs under sections 5312, 5314, and 5322 of such title shall be
allocated by the Secretary as follows:
(1) Safety and emergency preparedness.--
(A) In general.--For carrying out safety and
emergency preparedness research activities consisting
of technical assistance, training, and data analysis
and reporting to improve public transportation system
safety and security and emergency preparedness--
(i) $7,000,000 for fiscal year 2005;
(ii) $7,400,000 for fiscal year 2006;
(iii) $7,800,000 for fiscal year 2007;
(iv) $8,200,000 for fiscal year 2008; and
(v) $8,700,000 for fiscal year 2009.
(B) Public transportation national security
study.--
(i) In general.--Not later than 6 months
after the date of enactment of this Act, the
Secretary shall enter into an agreement with
the National Academy of Sciences to conduct a
study and evaluation of the value major public
transportation systems in the United States
serving the 38 urbanized areas that have a
population of more than 1,000,000 individuals
provide to the Nation's security and the
ability of such systems to accommodate the
evacuation, egress or ingress of people to or
from critical locations in times of emergency.
(ii) Alternative routes.--For each system
described in clause (i) the study shall
identify--
(I) potential alternative routes
for evacuation using other
transportation modes such as highway,
air, marine, and pedestrian activities;
and
(II) transit routes that, if
disrupted, do not have sufficient
transit alternatives available.
(iii) Report.--Not later than 24 months
after the date of entry into the agreement, the
Academy shall submit to the Secretary and the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Banking, Housing and Urban Affairs
of the Senate a final report on the results of
the study and evaluation, together with such
recommendations as the Academy considers
appropriate.
(iv) Funding.--Of the amounts made
available under section 5338(d) of title 49,
United States Code, $250,000 shall be available
for each of fiscal years 2005 and 2006 to carry
out this subparagraph.
(2) Equipment and infrastructure.--For carrying out
equipment and infrastructure research activities on public
transportation and infrastructure technologies and methods and
voluntary industry standards development--
(A) $5,700,000 for fiscal year 2005;
(B) $6,200,000 for fiscal year 2006;
(C) $6,550,000 for fiscal year 2007;
(D) $6,900,000 for fiscal year 2008; and
(E) $7,200,000 for fiscal year 2009.
(3) Public transportation operations efficiency.--For
carrying out public transportation operations efficiency
research activities on high-performance public transportation
services and other innovations in fleet operations and
maintenance--
(A) $4,700,000 for fiscal year 2005;
(B) $4,900,000 for fiscal year 2006;
(C) $5,200,000 for fiscal year 2007;
(D) $5,500,000 for fiscal year 2008; and
(E) $5,800,000 for fiscal year 2009.
(4) Energy independence and environmental protection.--
(A) In general.--For carrying out energy
independence and environmental protection research
activities on improved public transportation energy use
and propulsion systems and public transportation
oriented development--
(i) $3,700,000 for fiscal year 2005;
(ii) $3,900,000 for fiscal year 2006;
(iii) $4,150,000 for fiscal year 2007;
(iv) $4,300,000 for fiscal year 2008; and
(v) $4,300,000 for fiscal year 2009.
(B) Transit-oriented development center.--Of the
funds allocated for each of fiscal years 2005 through
2009 under subparagraph (A), not less than $1,000,000
shall be made available by the Secretary for
establishment and operation of a national center for
transit-oriented development--
(i) to develop standards and definitions
for transit-oriented development adjacent to
public transportation facilities;
(ii) to develop system planning guidance,
performance criteria, and modeling techniques
for metropolitan planning agencies and public
transportation agencies to maximize ridership
through land use planning and adjacent
development; and
(iii) to provide research support and
technical assistance to public transportation
agencies, metropolitan planning agencies, and
other persons regarding transit-oriented
development.
(5) Mobility management.--
(A) In general.--or carrying out research
activities on mobility management, as described in
section 5302(a)(1) of title 49, United States Code--
(i) $7,000,000 for fiscal year 2005;
(ii) $7,400,000 for fiscal year 2006;
(iii) $7,800,000 for fiscal year 2007;
(iv) $8,200,000 for fiscal year 2008; and
(v) $8,700,000 for fiscal year 2009.
(B) Transportation equity research program.--Of the
funds allocated for each of fiscal years 2005 through
2009 under subparagraph (A), not less than $1,000,000
shall be made available by the Secretary for research
and demonstration activities that focus on the impacts
that transportation planning, investment, and
operations have on low-income and minority populations
that are transit dependent. Such activities shall
include the development of strategies to advance
economic and community development in low-income and
minority communities and the development of training
programs that promote the employment of low-income and
minority community residents on Federal-aid
transportation projects constructed in their
communities.
(6) Public transportation capacity building.--
(A) In general.--For carrying out public
transportation capacity building activities consisting
of workforce and industry development, the
International Mass Transportation Program, and
technology transfer and industry adoption activities--
(i) $2,400,000 for fiscal year 2005;
(ii) $2,500,000 for fiscal year 2006;
(iii) $2,600,000 for fiscal year 2007;
(iv) $2,700,000 for fiscal year 2008; and
(v) $3,000,000 for fiscal year 2009.
(B) Transit career ladder training program.--Of the
funds allocated for each fiscal year under subparagraph
(A), not less than $1,000,000 shall be available for a
nationwide career ladder job training partnership
program for public transportation employees to respond
to technological changes in the public transportation
industry, especially in the area of maintenance. Such
program shall be carried out by the Secretary through a
contract with a national nonprofit organization with a
demonstrated capacity to develop and provide such
programs.
(7) Strategic planning and performance measures.--For
carrying out strategic planning and performance measures
consisting of policy and program development, research program
planning and performance, evaluation, and industry outreach--
(A) $3,500,000 for fiscal year 2005;
(B) $3,700,000 for fiscal year 2006;
(C) $4,000,000 for fiscal year 2007;
(D) $4,200,000 for fiscal year 2008; and
(E) $4,300,000 for fiscal year 2009.
(b) Remainder.--After making allocations under subsection (a) of
this section and section 5338(d)(2) of title 49, United States Code,
the remainder of funds made available by section 5338(d)(2) of such
title for national research and technology programs under sections
5312, 5314, and 5322 for a fiscal year shall be allocated at the
discretion of the Secretary to other transit research, development,
demonstration and deployment projects authorized by sections 5312,
5314, and 5322 of such title.
SEC. 3042. RELATIONSHIP TO OTHER LAWS.
Section 5323(l) is amended to read as follows:
`(l) Relationship to Other Laws.--Section 1001 of title 18 applies
to a certificate, submission, or statement provided under this chapter.
The Secretary may terminate financial assistance under this chapter and
seek reimbursement directly, or by offsetting amounts, available under
this chapter, when a false or fraudulent statement or related act
within the meaning of such section 1001 is made in connection with a
Federal transit program.'.
SEC. 3043. COOPERATIVE PROCUREMENT.
(a) Review of Cooperative Procurement; Authority to Increase
Federal Share.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall undertake a 30-day
review of efforts to use cooperative procurement to determine
whether benefits are sufficient to formally incorporate
cooperative procurement into the mass transit program. In
particular the Secretary shall review the progress made under
the pilot program authorized under section 166 of division F of
the Consolidated Appropriations Act, 2004 (49 U.S.C. 5397 note;
118 Stat. 309), based on experience to date in the pilot
program and any available reports to Congress submitted under
such section 166. The Secretary shall also consider information
gathered from grantees about cooperative procurement, whether
or not related to the pilot program.
(2) Notification of congress.--The Secretary shall notify
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate of the results of the review
required under paragraph (1), including a finding of sufficient
benefit or insufficient benefit and the reasons for that
finding.
SEC. 3044. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Mass Transit Account
of the Highway Trust Fund by, and amounts appropriated under,
subsections (a) through (f) of section 5338 of title 49, United States
Code, shall not exceed--
(1) $7,266,000,000 for fiscal year 2004;
(2) $7,646,300,000 for fiscal year 2005;
(3) $8,482,000,000 for fiscal year 2006;
(4) $9,042,000,000 for fiscal year 2007;
(5) $9,639,000,000 for fiscal year 2008; and
(6) $10,277,000,000 for fiscal year 2009.
SEC. 3045. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF
2004, PART V.
(a) In General.--Notwithstanding any other provision of law, the
Secretary shall ensure that the total apportionments and allocations
made to a designated grant recipient under section 5338 of title 49,
United States Code, for fiscal year 2005 shall be reduced by the amount
apportioned to such designated recipient pursuant to section 8 of the
Surface Transportation Extension Act of 2004, Part V.
(b) Fixed Guideway Modernization Adjustment.--In making the
apportionments described in subsection (a), the Secretary shall adjust
the amount apportioned to each urbanized area for fixed guideway
modernization for fiscal year 2005 to reflect the method for
apportioning funds in section 5337(a) of title 49, United States Code.
SEC. 3046. SPECIAL RULE FOR FISCAL YEAR 2004.
In any case in which an amount is authorized to be appropriated,
made available, allocated, set aside, taken down, or subject to an
obligation limitation for fiscal year 2004 for a program, project, or
activity in any provision of this title, including an amendment made by
this title, that is different than the amount authorized to be
appropriated, made available, allocated, set aside, taken down, or
subject to an obligation limitation for fiscal year 2004 for such
program, project, or activity in any provision of the Surface
Transportation Extension Act of 2004, Part IV (Public Law 108-280),
including any amendment made by such Act, the amount referred to in
such Act shall be the amount authorized to be appropriated, made
available, allocated, set aside, taken down, or subject to an
obligation limitation.
TITLE IV--MOTOR CARRIER TRANSPORTATION AND SAFETY
Subtitle A--Commercial Motor Vehicle Safety
SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.
(a) Administrative Expenses.--Section 31104 of title 49, United
States Code, is amended by adding the following at the end:
`(i) Administrative Expenses.--
`(1) Authorization of appropriations.--There are authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) for the Secretary of Transportation to
pay administrative expenses of the Federal Motor Carrier Safety
Administration--
`(A) $173,450,000 for fiscal year 2004;
`(B) $254,849,000 for fiscal year 2005;
`(C) $215,000,000 for fiscal year 2006;
`(D) $230,000,000 for fiscal year 2007;
`(E) $234,000,000 for fiscal year 2008; and
`(F) $240,000,000 for fiscal year 2009.
`(2) Use of funds.--The funds authorized by this subsection
shall be used for personnel costs; administrative
infrastructure; rent; information technology; programs for
research and technology, information management, regulatory
development (including a medical review board), the
administration of the performance and registration information
system management, and outreach and education; other operating
expenses; and such other expenses as may from time to time
become necessary to implement statutory mandates of the
Administration not funded from other sources.
`(3) Period of availability.--The amounts made available
under this section shall remain available until expended.
`(4) Initial date of availability.--Authorizations from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out subtitle IV, part B, and subtitle VI, part B, of this
title, or the provisions of title IV of the Transportation
Equity Act: A Legacy for Users, shall be available for
obligation on the date of their apportionment or allocation or
on October 1 of the fiscal year for which they are authorized,
whichever occurs first.
`(5) Contract authority.--Approval by the Secretary of a
grant with funds made available under paragraph (4) imposes
upon the United States a contractual obligation for payment of
the Government's share of costs incurred in carrying out the
objectives of the grant.'.
(b) Grant Programs.--There are authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) the
following sums for the following Federal Motor Carrier Safety
Administration programs:
(1) For commercial driver's license program improvement
grants under section 31313 of title 49, United States Code
$26,000,000 for each of fiscal years 2006 and 2009.
(2) For border enforcement grants under section 31107 of
such title--
(A) $32,000,000 for fiscal year 2006;
(B) $32,000,000 for fiscal year 2007;
(C) $32,000,000 for fiscal year 2008; and
(D) $32,000,000 for fiscal year 2009.
(3) For the performance and registration information system
management grant program under section 31109 of such title--
(A) $5,000,000 for fiscal year 2006;
(B) $5,000,000 for fiscal year 2007;
(C) $6,000,000 for fiscal year 2008; and
(D) $6,000,000 for fiscal year 2009.
(4) Commercial vehicle information systems and networks
deployment.--For carrying out the commercial vehicle
information systems and networks deployment program under
section 4009 of this Act, $25,000,000 for each of fiscal years
2006 through 2009.
(c) Period of Availability.--The amounts made available under
subsection (b) of this section shall remain available until expended.
(d) Initial Date of Availability.--Amounts authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) by subsection (b) 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.
(e) Contract Authority.--Approval by the Secretary of a grant with
funds made available under subsection (b) imposes upon the United
States a contractual obligation for payment of the Government's share
of costs incurred in carrying out the objectives of the grant.
SEC. 4102. MOTOR CARRIER SAFETY GRANTS.
(a) State Plan Contents.--Section 31102(b)(1) of title 49, United
States Code, is amended--
(1) by striking subparagraph (A) and inserting the
following:
`(A) implements performance-based activities, including
deployment of technology to enhance the efficiency and
effectiveness of commercial motor vehicle safety programs;';
(2) by striking subparagraph (Q) and inserting the
following:
`(Q) provides that the State has established a program to
ensure accurate, complete, and timely motor carrier safety data
is collected and reported to the Secretary and that the State
will participate in a national motor carrier safety data
correction system prescribed by the Secretary;';
(3) by aligning subparagraph (R) with subparagraph (S);
(4) by striking `and' at the end of subparagraph (S);
(5) by striking the period at the end of subparagraph (T)
and inserting a semicolon; and
(6) by adding at the end the following:
`(U) provides that the State will include in the training
manual for the licensing examination to drive a noncommercial
motor vehicle and a commercial motor vehicle, information on
best practices for driving safely in the vicinity of commercial
motor vehicles and in the vicinity of noncommercial motor
vehicles, respectively;
`(V) provides that the State will enforce the registration
requirements of section 13902 by prohibiting the operation of
any vehicle discovered to be operated by a motor carrier
without a registration issued under such section or to be
operating beyond the scope of such registration; and
`(W) provides that the State will conduct comprehensive and
highly visible traffic enforcement and commercial motor vehicle
safety inspection programs in high-risk locations and
corridors.'.
(b) Use of Grants to Enforce Other Laws.--Section 31102 of such
title is amended--
(1) by striking subsection (c) and inserting the following:
`(c) Use of Grants to Enforce Other Laws.--A State may use amounts
received under a grant under subsection (a)--
`(1) for the following activities if the activities are
carried out in conjunction with an appropriate inspection of
the commercial motor vehicle to enforce Government or State
commercial motor vehicle safety regulations:
`(A) enforcement of commercial motor vehicle size
and weight limitations at locations other than fixed
weight facilities, at specific locations such as steep
grades or mountainous terrains where the weight of a
commercial motor vehicle can significantly affect the
safe operation of the vehicle, or at ports where
intermodal shipping containers enter and leave the
United States; and
`(B) detection of the unlawful presence of a
controlled substance (as defined under section 102 of
the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 802)) in a commercial motor vehicle
or on the person of any occupant (including the
operator) of the vehicle; and
`(2) for documented enforcement of State traffic laws and
regulations designed to promote the safe operation of
commercial motor vehicles, including documented enforcement of
such laws and regulations relating to noncommercial motor
vehicles when necessary to promote the safe operation of
commercial motor vehicles if the number of roadside safety
inspections conducted in the State is maintained at a level at
least equal to the average number conducted in the State in
fiscal years 2001, 2002, and 2003; except that the State may
not use more than 5 percent of the aggregate amount the State
receives under the grant under subsection (a) for enforcement
activities relating to noncommercial motor vehicles described
in this paragraph.'; and
(2) by adding at the end the following:
`(e) Annual Report.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science and Transportation of the Senate an
annual report that describes the effect of activities carried out with
funds from grants made under this section on commercial motor vehicle
safety.'.
(c) Authorization of Appropriations.--Section 31104(a) of such
title is amended to read as follows:
`(a) In General.--Subject to subsection (f), there are authorized
to be appropriated from the Highway Trust Fund (other than the Mass
Transit Account) to carry out section 31102--
`(1) $188,852,000 for fiscal year 2004;
`(2) $188,480,000 for fiscal year 2005;
`(3) $188,000,000 for fiscal year 2006;
`(4) $197,000,000 for fiscal year 2007;
`(5) $202,000,000 for fiscal year 2008; and
`(6) $209,000,000 for fiscal year 2009.'.
(d) New Entrant Audits.--Section 31104(f) of such title is
amended--
(1) in paragraph (1) by striking `deduction under
subsection (e)' and inserting `deductions under subsection (e)
and paragraphs (2) and (3)';
(2) the first sentence of paragraph (2)(A)--
(A) by striking `or'; and
(B) by inserting after `technologies' the
following: `, or improve the quality and accuracy of
data provided by the State';
(3) in paragraph (2)--
(A) by striking `and border activities.--' and all
that follows through `5 percent' and inserting
`activities.--The Secretary may designate up to 10
percent'; and
(B) by striking subparagraph (B); and
(4) by adding at the end the following:
`(3) New entrant audits.--The Secretary may deduct up to
$15,000,000 of the amounts available under subsection (a) for a
fiscal year for audits of new entrant motor carriers under
section 31144(g).'.
(e) Technical Amendments.--Sections 31102(b)(3) and 31103(a) of
such title are amended by striking `(1)(D)' and inserting `(1)(E)'.
SEC. 4103. BORDER ENFORCEMENT GRANTS.
(a) In General.--Chapter 311 of title 49, United States Code, is
amended--
(1) by striking:
`Subchapter I--State Grants and Other Commercial Motor Vehicle
Programs'; and
(2) inserting
`Subchapter I--General Authority and State Grants'; and
(3) by striking section 31107 and inserting the following:
`Sec. 31107. Border enforcement grants
`(a) General Authority.--The Secretary of Transportation may make a
grant in a fiscal year to a State that shares a land border with
another country for carrying out border commercial motor vehicle safety
programs and related enforcement activities and projects.
`(b) Maintenance of Expenditures.--The Secretary may make a grant
to a State under this section only if the State agrees that the total
expenditure of amounts of the State and political subdivisions of the
State, exclusive of amounts from the United States, for carrying out
border commercial motor vehicle safety programs and related enforcement
activities and projects will be maintained at a level at least equal to
the average level of that expenditure by the State and political
subdivisions of the State for the last 2 fiscal years of the State
ending before the date of enactment of the Transportation Equity Act: A
Legacy for Users.
`(c) Governments Share of Costs.--The Secretary shall reimburse a
State under a grant made under this section an amount that is not more
than 100 percent of the costs incurred by the State in a fiscal year
for carrying out border commercial motor vehicle safety programs and
related enforcement activities and projects.
`(d) Availability and Reallocation of Amounts.--Allocations to a
State remain available for expenditure in the State for the fiscal year
in which they are allocated and for the next fiscal year. Amounts not
expended by a State during those 2 fiscal years are available to the
Secretary for reallocation under this section.'.
(b) Conforming Amendments.--The analysis for such chapter is
amended--
(1) by striking
`subchapter i--state grants and other commercial motor vehicle
programs'; and inserting the following:
`subchapter i--general authority and state grants'; and
(2) by striking the item relating to section 31107 and
inserting the following:
`31107. Border enforcement grants.'.
SEC. 4104. COMMERCIAL DRIVER'S LICENSE IMPROVEMENTS.
(a) State Grants.--Chapter 313 of title 49, United States Code, is
amended by inserting after section 31312 the following:
`Sec. 31313. Grants for commercial driver's license program
improvements
`(a) Grants for Commercial Driver's License Program Improvements.--
`(1) General authority.--The Secretary of Transportation
may make a grant to a State in a fiscal year--
`(A) to comply with the requirements of section
31311; and
`(B) in the case of a State that is in substantial
compliance with the requirements of section 31311 and
this section, to improve its implementation of its
commercial driver's license program.
`(2) Purposes for which grants may be used.--A State may
use grants under paragraphs (1)(A) and (1)(B) only for expenses
directly related to its compliance with section 31311; except
that a grant under paragraph (1)(B) may be used for improving
implementation of the State's commercial driver's license
program, including expenses for computer hardware and software,
publications, testing, personnel, training, and quality
control. The grant may not be used to rent, lease, or buy land
or buildings.
`(3) Application.--In order to receive a grant under this
section, a State must submit an application for such grant that
is in such form, and contains such information, as the
Secretary may require. The application shall include the
State's assessment of its commercial drivers license program.
`(4) Maintenance of expenditures.--The Secretary may make a
grant to a State under this subsection only if the State agrees
that the total expenditure of amounts of the State and
political subdivisions of the State, exclusive of amounts from
the United States, for the State's commercial driver's license
program will be maintained at a level at least equal to the
average level of that expenditure by the State and political
subdivisions of the State for the last 2 fiscal years of the
State ending before the date of enactment of the Transportation
Equity Act: A Legacy for Users.
`(5) Government share.--The Secretary shall reimburse a
State under a grant made under this subsection an amount that
is not more than 80 percent of the costs incurred by the State
in a fiscal year in complying with section 31311 and improving
its implementation of its commercial driver's license program.
In determining such costs, the Secretary shall include in-kind
contributions by the State. Amounts required to be expended by
the State under paragraph (4) may not be included as part of
the non-Federal share of such costs.
`(b) High-Priority Activities.--
`(1) Grants for national concerns.--The Secretary may make
a grant to a State agency, local government, or other person
for 100 percent of the costs of research, development,
demonstration projects, public education, and other special
activities and projects relating to commercial driver licensing
and motor vehicle safety that are of benefit to all
jurisdictions of the United States or are designed to address
national safety concerns and circumstances.
`(2) Funding.--The Secretary may deduct up to 10 percent of
the amounts made available to carry out this section for a
fiscal year to make grants under this subsection.'.
(b) Conforming Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 31312 the following:
`31313. Grants for commercial driver's license program improvements.'.
(c) Amounts Withheld.--Subsections (a) and (b) of section 31314 of
such title are each amended by inserting `up to' after `withhold'.
SEC. 4105. HOBBS ACT.
(a) Jurisdiction of Court of Appeals Over Commercial Motor Vehicle
Safety Regulation and Operators and Motor Carrier Safety.--Section
2342(3)(A) of title 28, United States Code, is amended by inserting
before `of title 49' the following: `, subchapter III of chapter 311,
chapter 313, or chapter 315'.
(b) Judicial Review.--Section 351(a) of title 49, United States
Code, is amended by striking `Federal Highway Administration' and
inserting `Federal Motor Carrier Safety Administration'.
(c) Authority to Carry Out Certain Transferred Duties and Powers.--
Section 352 of title 49, United States Code, is amended by striking
`Federal Highway Administration' and inserting `Federal Motor Carrier
Safety Administration'.
SEC. 4106. PENALTY FOR DENIAL OF ACCESS TO RECORDS.
Section 521(b) of title 49, United States Code, is amended--
(1) by striking `(b)(1)(A) If the Secretary' and inserting
the following:
`(b) Violations Relating to Commercial Motor Vehicle Safety
Regulation and Operators.--
`(1) Notice.--
`(A) In general.--If the Secretary'; and
(2) by adding at the end of paragraph (2) the following:
`(E) Copying of records and access to equipment,
lands, and buildings.--A person subject to chapter 51
or part B of subtitle VI who fails to allow the
Secretary, or an employee designated by the Secretary,
promptly upon demand to inspect and copy any record or
inspect and examine equipment, lands, buildings, and
other property in accordance with section 504(c),
5121(c), or 14122(b) shall be liable to the United
States for a civil penalty not to exceed $1,000 for
each offense. Each day the Secretary is denied the
right to inspect and copy any record or inspect and
examine equipment, lands, buildings, and other property
shall constitute a separate offense; except that the
total of all civil penalties against any violator for
all offenses related to a single violation shall not
exceed $10,000. It shall be a defense to such penalty
that the records did not exist at the time of the
Secretary's request or could not be timely produced
without unreasonable expense or effort. Nothing in this
subparagraph shall be construed as amending or
superseding any remedy available to the Secretary under
section 502(d), section 507(c), or any other provision
of this title.'.
SEC. 4107. MEDICAL REVIEW BOARD.
Section 113 of title 49, United States Code, is amended by adding
at the end the following:
`(j) Medical Review Board.--
`(1) Establishment and function.--The Administrator shall
establish a Medical Review Board as an advisory committee to
provide the Administration with medical advice and
recommendations on driver qualification medical standards and
guidelines, medical examiner education, and medical research.
`(2) Composition.--The Medical Review Board shall consist
of 5 members appointed for a term not to exceed 3 years by the
Secretary from medical institutions and private medical
practice. The membership shall reflect expertise in a variety
of medical specialties relevant to the functions of the
Administration.'.
SEC. 4108. INCREASED PENALTIES FOR OUT-OF-SERVICE VIOLATIONS AND FALSE
RECORDS.
(a) Recordkeeping and Reporting Violations.--Section 521(b)(2)(B)
of title 49, United States Code, is amended--
(1) in clause (i) by striking `$500' and inserting
`$1,000'; and
(2) by striking `$5,000' each place it appears and
inserting `$10,000'.
(b) Violations of Out-Of-Service Orders.--Section 31310(i)(2) of
title 49, United States Code, is amended--
(1) by striking `Not later than December 18, 1992, the' and
inserting `The';
(2) in subparagraph (A)--
(A) by striking `90 days' and inserting `180 days';
and
(B) by striking `$1,000' and inserting `$2,500';
(3) in subparagraph (B)--
(A) by striking `one year' and inserting `2 years';
and
(B) by striking `$1,000; and' and inserting
`$5,000;'; and
(4) in subparagraph (C) by striking `$10,000.' and
inserting `$25,000; and'.
SEC. 4109. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS
DEPLOYMENT.
(a) In General.--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.
(b) Purpose.--The program shall advance the technological
capability and promote the deployment of intelligent transportation
system applications for commercial motor vehicle operations, commercial
driver, and carrier-specific information systems and networks.
(c) 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) Amount of grants.--The maximum aggregate amount the
Secretary may grant to a State for the core deployment of
commercial vehicle information systems and networks under this
subsection and sections 5001(a)(5) and 5001(a)(6) of the
Transportation Equity Act for the 21st Century (112 Stat. 420)
may not exceed $2,500,000.
(3) 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. An eligible State that has
either completed the core deployment of commercial vehicle
information systems and networks or completed such deployment
before grant funds are expended under this subsection may use
the grant funds for the expanded deployment of commercial
vehicle information systems and networks in the State.
(d) Expanded Deployment Grants.--
(1) In general.--For each fiscal year, from the funds
remaining after the Secretary has made grants under subsection
(c), the Secretary may make grants to each eligible State, upon
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 in such State is eligible for an expanded deployment
grant under this subsection.
(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 $1,000,000
per 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.
(e) Eligibility.--To be eligible for a grant under this section, a
State--
(1) shall have a commercial vehicle information systems and
networks program plan approved by the Secretary that describes
the various systems and networks at the State level that need
to be refined, revised, upgraded, or built to accomplish
deployment of core capabilities;
(2) 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--
(A) are consistent with the national intelligent
transportation systems and commercial vehicle
information systems and networks architectures and
available standards; and
(B) promote interoperability and efficiency to the
extent practicable; and
(3) 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.
(f) 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.
(g) Definitions.--In this section, the following definitions apply:
(1) Commercial vehicle information systems and networks.--
The term `commercial vehicle information systems and networks'
means the information systems and communications networks that
provide the capability to--
(A) improve the safety of commercial motor 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 motor
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 motor vehicle operations.--The term
`commercial motor vehicle operations'--
(A) means motor carrier operations and motor
vehicle regulatory activities associated with the
commercial motor vehicle movement of goods, including
hazardous materials, and passengers; and
(B) with respect to the public sector, includes the
issuance of operating credentials, the administration
of motor vehicle and fuel taxes, and roadside safety
and border crossing inspection and regulatory
compliance operations.
(3) Core deployment.--The term `core deployment' means the
deployment of systems in a State necessary to provide the State
with the following capabilities:
(A) Safety information exchange to--
(i) electronically collect and transmit
commercial motor vehicle and driver inspection
data at a majority of inspection sites in the
State;
(ii) connect to the safety and fitness
electronic records system for access to
interstate carrier and commercial motor vehicle
data, summaries of past safety performance, and
commercial motor vehicle credentials
information; and
(iii) exchange carrier data and commercial
motor vehicle safety and credentials
information within the State and connect to
such system for access to interstate carrier
and commercial motor vehicle data.
(B) Interstate credentials administration to--
(i) perform end-to-end processing,
including carrier application, jurisdiction
application processing, and credential
issuance, of at least the international
registration plan and international fuel tax
agreement credentials and extend this
processing to other credentials, including
intrastate registration, vehicle titling,
oversize vehicle permits, overweight vehicle
permits, carrier registration, and hazardous
materials permits;
(ii) connect to such plan and agreement
clearinghouses; and
(iii) have at least 10 percent of the
credentialing transaction volume in the State
handled electronically and have the capability
to add more carriers and to extend to branch
offices where applicable.
(C) Roadside electronic screening to electronically
screen transponder-equipped commercial vehicles at a
minimum of one fixed or mobile inspection site in the
State and to replicate this screening at other sites in
the State.
(4) Expanded deployment.--The term `expanded deployment'
means the deployment of systems in a State that exceed the
requirements of a core deployment of commercial vehicle
information systems and networks, improve safety and the
productivity of commercial motor vehicle operations, and
enhance transportation security.
(h) Repeal.--Section 5209 of the Transportation Equity Act for the
21st Century (23 U.S.C. 502 note; 112 Stat. 460-461) is repealed.
SEC. 4110. SAFETY FITNESS.
(a) In General.--Section 31144(a) of title 49, United States Code,
is amended to read as follows:
`(a) In General.--The Secretary shall--
`(1) determine whether an owner or operator is fit to
operate safely commercial motor vehicles, utilizing among other
things the accident record of an owner or operator operating in
interstate commerce and the accident record and safety
inspection record of such owner or operator in operations that
affect interstate commerce;
`(2) periodically update such safety fitness
determinations;
`(3) make such final safety fitness determinations readily
available to the public; and
`(4) prescribe by regulation penalties for violations of
this section consistent with section 521.'.
(b) Prohibited Transportation.--The first subsection (c) of such
section 31144 is amended by adding at the end the following:
`(5) Transportation affecting interstate commerce.--Owners
or operators of commercial motor vehicles prohibited from
operating in interstate commerce pursuant to paragraphs (1)
through (3) may not operate any commercial motor vehicle that
affects interstate commerce until the Secretary determines that
such owner or operator is fit.'.
(c) Determination of Unfitness by a State.--Such section 31144 is
further amended--
(1) by redesignating subsections (d), (e), and the second
subsection (c) as subsections (e), (f), and (g), respectively;
(2) by inserting after the first subsection (c) the
following:
`(d) Determination of Unfitness by a State.--If a State that
receives a grant under section 31102 determines, by applying the
standards prescribed by the Secretary under subsection (b), that an
owner or operator of commercial motor vehicles that has its principal
place of business in that State and operates in intrastate commerce is
unfit under such standards and prohibits the owner or operator from
operating such vehicles in the State, the Secretary shall prohibit the
owner or operator from operating such vehicles in interstate commerce
until the State determines that the owner or operator is fit.'; and
(3) in subsection (g) (as redesignated by paragraph (1) of
this subsection) by adding at the end the following:
`(5) Grants for audits.--From amounts deducted under
section 31104(f)(3), the Secretary may make grants to States
and local governments for new entrant motor carrier audits
under this subsection without requiring a matching contribution
from such States or local governments.
`(6) DOT audits.--If the Secretary determines that a State
or local government is unable to use government employees to
conduct new entrant motor carrier audits, the Secretary may
utilize the funds deducted under section 31104(f)(3) to conduct
such audits in areas under the jurisdiction of such State or
local government.'.
SEC. 4111. PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER OR BROKER
MANAGEMENT.
(a) Duties of Employers and Employees.--Section 31135 of title 49,
United States Code, is amended--
(1) by inserting `(a) In General.--' before `Each'; and
(2) by adding at the end the following:
`(b) Pattern of Noncompliance.--If an officer of a motor carrier or
broker engages in a pattern or practice of avoiding compliance, or
masking or otherwise concealing noncompliance, with regulations
prescribed under this chapter, the Secretary may suspend, amend, or
revoke any part of the registration of the motor carrier or broker
under section 13905.
`(c) List of Proposed Officers.--Each person seeking registration
as a motor carrier under section 13902 or as a broker under section
13904 shall submit a list of the proposed officers of the motor carrier
or broker. If the Secretary determines that any of the proposed
officers has previously engaged in a pattern or practice of avoiding
compliance, or masking or otherwise concealing noncompliance, with
regulations prescribed under this chapter, the Secretary may deny the
person's application for registration as a motor carrier under section
13902(a)(3) or as a broker under section 13904(a).
`(d) Regulations.--The Secretary shall by regulation establish
standards to implement subsections (b) and (c) and a procedure to allow
a person who is denied registration under subsection (c) or whose
registration is suspended, amended, or revoked under subsection (b) to
remedy the pattern or practice that results in the denial, suspension,
amendment, or revocation.
`(e) Definitions.--In this section, the following definitions shall
apply:
`(1) Motor carrier and broker.--The terms ``motor carrier''
and ``broker'' have the meanings such terms have under section
13102.
`(2) Officer.--The term ``officer'' means an owner, chief
executive officer, chief operating officer, chief financial
officer, safety director, vehicle maintenance supervisor, and
driver supervisor of a motor carrier, regardless of the title
attached to those functions.'.
(b) Motor Carrier Registration.--Section 13902(a)(1)(B) of such
title is amended to read as follows:
`(B) (i) any safety regulations imposed by the
Secretary;
`(ii) the duties of employers and employees
established by the Secretary under section 31135; and
`(iii) the safety fitness requirements established
by the Secretary under section 31144; and'.
SEC. 4112. MOTOR CARRIER RESEARCH AND TECHNOLOGY PROGRAM.
(a) In General.--Section 31108 of title 49, United States Code, is
amended to read as follows:
`Sec. 31108. Motor carrier research and technology program
`(a) Research, Technology, and Technology Transfer Activities.--
`(1) Establishment.--The Secretary of Transportation shall
establish and carry out a motor carrier research and technology
program.
`(2) Multiyear plan.--The program must include a multi-year
research plan that focuses on nonredundant innovative research.
`(3) Research, development, and technology transfer
activities.--The Secretary may carry out under the program
research, development, technology, and technology transfer
activities with respect to--
`(A) the causes of accidents, injuries, and
fatalities involving commercial motor vehicles;
`(B) means of reducing the number and severity of
accidents, injuries, and fatalities involving
commercial motor vehicles;
`(C) improving commercial motor vehicle and motor
carrier safety, and industry efficiency, through
technological improvement;
`(D) improving technology used by enforcement
officers when conducting roadside inspections and
compliance reviews to increase efficiency and
information transfers; and
`(E) increasing the safety and security of
hazardous materials transportation.
`(4) Tests and development.--The Secretary may test,
develop, or assist in testing and developing any material,
invention, patented article, or process related to the research
and technology program.
`(5) Training.--The Secretary may use the funds made
available to carry out this section for training or education
of commercial motor vehicle safety personnel, including
training in accident reconstruction and detection of controlled
substances or other contraband and stolen cargo or vehicles.
`(6) Procedures.--The Secretary may carry out this
section--
`(A) independently;
`(B) in cooperation with other Federal departments,
agencies, and instrumentalities and Federal
laboratories; or
`(C) by making grants to, or entering into
contracts, cooperative agreements, and other
transactions with, any Federal laboratory, State
agency, authority, association, institution, for-profit
or nonprofit corporation, organization, foreign
country, or person.
`(7) Development and promotion of use of products.--The
Secretary shall use funds made available to carry out this
section to develop, administer, communicate, and promote the
use of products of research, technology, and technology
transfer programs under this section.
`(b) Collaborative Research and Development.--
`(1) In general.--To advance innovative solutions to
problems involving commercial motor vehicle and motor carrier
safety, security, and efficiency, and to stimulate the
deployment of emerging technology, the Secretary may carry out,
on a cost-shared basis, collaborative research and development
with--
`(A) non-Federal entities, including State and
local governments, foreign governments, colleges and
universities, corporations, institutions, partnerships,
and sole proprietorships that are incorporated or
established under the laws of any State; and
`(B) Federal laboratories.
`(2) Cooperative agreements.--In carrying out this
subsection, the Secretary may enter into cooperative research
and development agreements (as defined in section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a)).
`(3) Cost sharing.--
`(A) Federal share.--The Federal share of the cost
of activities carried out under a cooperative research
and development agreement entered into under this
subsection shall not exceed 50 percent; except that, if
there is substantial public interest or benefit
associated with any such activity, the Secretary may
approve a greater Federal share.
`(B) Treatment of directly incurred non-federal
costs.--All costs directly incurred by the non-Federal
partners, including personnel, travel, and hardware or
software development costs, shall be credited toward
the non-Federal share of the cost of the activities
described in subparagraph (A).
`(4) Use of technology.--The research, development, or use
of a technology under a cooperative research and development
agreement entered into under this subsection, including the
terms under which the technology may be licensed and the
resulting royalties may be distributed, shall be subject to the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.).'.
(b) Conforming Amendment.--The analysis for chapter 311 of such
title is amended by striking the item relating to section 31108 and
inserting the following:
`31108. Motor carrier research and technology program.'.
SEC. 4113. INTERNATIONAL COOPERATION.
(a) In General.--Chapter 311 of title 49, United States Code, is
amended by adding at the end the following:
`SUBCHAPTER IV--MISCELLANEOUS
`Sec. 31161. International cooperation
`The Secretary of Transportation is authorized to use funds made
available by section 31104(i) to participate and cooperate in
international activities to enhance motor carrier, driver, and highway
safety by such means as exchanging information, conducting research,
and examining needs, best practices, and new technology.'.
(b) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following:
`subchapter iv--miscellaneous
`31161. International cooperation.'.
SEC. 4114. PERFORMANCE AND REGISTRATION INFORMATION SYSTEM MANAGEMENT.
(a) Design and Conditions for Participation.--Section 31106(b) of
title 49, United States Code, is amended by striking paragraphs (2),
(3), and (4) and inserting the following:
`(2) Design.--The program shall link Federal motor carrier
safety information systems with State commercial vehicle
registration and licensing systems and shall be designed to
enable a State to--
`(A) determine the safety fitness of a motor
carrier or registrant when licensing or registering the
registrant or motor carrier or while the license or
registration is in effect; and
`(B) deny, suspend, or revoke the commercial motor
vehicle registrations of a motor carrier or registrant
that has been issued an operations out-of-service order
by the Secretary.
`(3) Conditions for participation.--The Secretary shall
require States, as a condition of participation in the program,
to--
`(A) comply with the uniform policies, procedures,
and technical and operational standards prescribed by
the Secretary under subsection (a)(4); and
`(B) possess or seek the authority to deny,
suspend, or revoke commercial motor vehicle
registrations based on the issuance of an operations
out-of-service order by the Secretary.'.
(b) Performance and Registration Information System Management
Grants.--
(1) In general.--Subchapter I of chapter 311 of title 49,
United States Code, is further amended by adding at the end the
following:
`Sec. 31109. Performance and registration information system management
`(a) In General.--The Secretary of Transportation may make a grant
to a State to implement the performance and registration information
system management requirements of section 31106(b).
`(b) Availability of Amounts.--Amounts made available to a State
under this section shall remain available until expended.'.
(2) Conforming amendment.--The analysis for such subchapter
is amended by adding at the end the following:
`31109. Performance and registration information system management.'.
SEC. 4115. DATA QUALITY IMPROVEMENT.
Section 31106(a)(3) of title 49, United States Code, is amended--
(1) by striking `and' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting a semicolon; and
(3) by adding at the end the following:
`(F) ensure, to the maximum extent practical, all
the data is complete, timely, and accurate across all
information systems and initiatives; and
`(G) establish and implement a national motor
carrier safety data correction system.'.
SEC. 4116. DRIVEAWAY SADDLEMOUNT VEHICLES.
(a) Definition.--Section 31111(a) of tile 49, United States Code,
is amended by adding at the end of the following:
`(4) Drive-away saddlemount with fullmount vehicle
transporter combination.--The term ``drive-away saddlemount
with fullmount vehicle transporter combination'' means a
vehicle combination designed and specifically used to tow up to
3 trucks or truck tractors, each connected by a saddle to the
frame or fifth-wheel of the forward vehicle of the truck or
truck tractor in front of it.'.
(b) General Limitations.--Section 31111(b)(1) of such title is
amended--
(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following:
`(D) imposes a vehicle length limitation of not less than
or more than 97 feet on a driveaway saddlemount with fullmount
vehicle transporter combinations;'.
SEC. 4117. COMPLETION OF UNIFORM CARRIER REGISTRATION.
(a) In General.--Section 14504 of title 49, United States Code, and
the item relating to such section in analysis for chapter 145 of such
title, are repealed.
(b) Conforming Amendments.--Section 13908 of such title is
amended--
(1) in subsection (a) by striking `the single State
registration system under section 14504,';
(2) in subsection (b)--
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraphs (4), (5), and (6)
as paragraphs (2), (3), and (4), respectively;
(3) by striking subsection (d); and
(4) by striking `(e) Deadline for Conclusion;
Modification.--' and all that follows through `1996,' and
inserting the following:
`(d) Deadline for Completion.--Not later than 1 year after the date
of enactment of the Transportation Equity Act: A Legacy for Users,'.
SEC. 4118. REGISTRATION OF MOTOR CARRIERS AND FREIGHT FORWARDERS.
(a) Definitions Relating to Motor Carriers.--Paragraphs (6), (7),
(12), and (13) of section 13102 of title 49, United States Code, are
each amended by striking `motor vehicle' and inserting `commercial
motor vehicle (as defined in section 31132)'.
(b) Freight Forwarders.--Section 13903(a) of title 49, United
States Code, is amended--
(1) by striking `The Secretary' and inserting the
following:
`(1) Household goods.--The Secretary';
(2) by inserting `of household goods' after `freight
forwarder'; and
(3) by adding at the end the following:
`(2) Others.--The Secretary may register a person to
provide service subject to jurisdiction under subchapter III of
chapter 135 as a freight forwarder (other than a freight
forwarder of household goods) if the Secretary finds that such
registration is needed for the protection of shippers and that
the person is fit, willing, and able to provide the service and
to comply with this part and applicable regulations of the
Secretary and Board.'.
SEC. 4119. DEPOSIT OF CERTAIN CIVIL PENALTIES INTO HIGHWAY TRUST FUND.
Sections 31138(d)(5) and 31139(f)(5) of title 49, United States
Code, are each amended by striking `Treasury as miscellaneous receipts'
and inserting `Highway Trust Fund (other than the Mass Transit
Account)'.
SEC. 4120. OUTREACH AND EDUCATION.
(a) In General.--The Secretary shall conduct, through any
combination of grants, contracts, or cooperative agreements, an
outreach and education program to be administered by the Federal Motor
Carrier Safety Administration and the National Highway Traffic Safety
Administration.
(b) Program Elements.--The program shall include, at a minimum, the
following:
(1) A program to promote a more comprehensive and national
effort to educate commercial motor vehicle drivers and
passenger vehicle drivers about how commercial motor vehicle
drivers and passenger vehicle drivers can more safely share the
road with each other.
(2) A program to promote enhanced traffic enforcement
efforts aimed at reducing the incidence of the most common
unsafe driving behaviors that cause or contribute to crashes
involving commercial motor vehicles and passenger vehicles.
(3) A program to establish a public-private partnership to
provide resources and expertise for the development and
dissemination of information relating to sharing the road
referred to in paragraphs (1) and (2) to each partner's
constituents and to the general public through the use of
brochures, videos, paid and public advertisements, the
Internet, and other media.
(c) Federal Share.--The Federal share of a program or activity for
which a grant is made under this section shall be 100 percent of the
cost of such program or activity.
(d) Annual Report.--The Secretary shall prepare and transmit to
Congress an annual report on the programs and activities carried out
under this section.
(e) Funding.--From amounts made available under section 31104(i) of
title 49, United States Code, the Secretary shall make available
$1,000,000 to the Federal Motor Carrier Safety Administration, and
$3,000,000 to the National Highway Traffic Safety Administration, for
each of fiscal years 2005, 2006, 2007, 2008, and 2009 to carry out this
section.
SEC. 4121. INSULIN TREATED DIABETES MELLITUS.
(a) No Period of Commercial Driving While Using Insulin Required
for Qualification.--The Secretary may not require individuals with
insulin-treated diabetes mellitus who are applying for an exemption
from the physical qualification standards to have experience operating
commercial motor vehicles while using insulin in order to be exempted
from the physical qualification standards to operate a commercial motor
vehicle in interstate commerce.
(b) Minimum Period of Insulin Use.--Subject to subsection (a), the
Secretary shall require individuals with insulin-treated diabetes
mellitus to have a minimum period of insulin use to demonstrate stable
control of diabetes before operating a commercial motor vehicle in
interstate commerce. For individuals who have been newly diagnosed with
type 1 diabetes, the minimum period of insulin use may not exceed 2
months, unless directed by the treating physician. For individuals who
have type 2 diabetes and are converting to insulin use, the minimum
period of insulin use may not exceed 1 month, unless directed by the
treating physician.
(c) Limitations.--Insulin-treated individuals may not be held by
the Secretary to a higher standard of physical qualification in order
to operate a commercial motor vehicle in interstate commerce than other
individuals applying to operate, or operating, a commercial motor
vehicle in interstate commerce; except to the extent that limited
operating, monitoring, and medical requirements are deemed medically
necessary under regulations issued by the Secretary.
SEC. 4122. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.
(a) Establishment.--The Secretary shall establish a grant program
for training operators of commercial motor vehicles (as defined in
section 31301 of title 49, United States Code). The purpose of the
program shall be to train operators and future operators in the safe
use of such vehicle.
(b) Federal Share.--The Federal share of the cost for which a grant
is made under this section shall be 80 percent.
(c) Funding.--From amounts made available under section 31104(i) of
title 49, United States Code, the Secretary shall make available
$1,000,000 for each of fiscal years 2005, 2006, 2007, 2008, and 2009 to
carry out this section.
SEC. 4123. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE.
(a) Establishment.--The Secretary shall establish a commercial
motor vehicle safety advisory committee to provide advice and
recommendations to the Secretary on commercial motor vehicle safety
regulations and other matters relating to activities and functions of
the Federal Motor Carrier Safety Administration.
(b) Composition.--The members of the advisory committee shall be
appointed by the Secretary and shall include representatives of the
motor carrier industry, drivers, safety advocates, manufacturers,
safety enforcement officials, law enforcement agencies of border
States, and other individuals affected by rulemakings under
consideration by the Department of Transportation. Representatives of a
single interest group may not constitute a majority of the members of
the advisory committee.
(c) Termination Date.--The advisory committee shall remain in
effect until September 30, 2009.
SEC. 4124. SAFETY DATA IMPROVEMENT PROGRAM.
(a) In General.--The Secretary shall make grants to States for
projects and activities to improve the accuracy, timeliness, and
completeness of commercial motor vehicle safety data reported to the
Secretary.
(b) Eligibility.--A State shall be eligible for a grant under this
section in a fiscal year if the Secretary determines that the State
has--
(1) conducted a comprehensive audit of its commercial motor
vehicle safety data system within the preceding 2 years;
(2) developed a plan that identifies and prioritizes its
commercial motor vehicle safety data needs and goals; and
(3) identified performance-based measures to determine
progress toward those goals.
(c) 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 each of fiscal years
2006 through 2009.
(d) Applicability of Title 23, United States Code.--Funds
authorized to be appropriated by 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 the Federal
share of the cost of a project or activity carried out using such funds
shall be 80 percent and such funds shall remain available until
expended.
(e) Biennial Report.--Not later 2 years after the date of enactment
of this Act, and biennially thereafter, the Secretary shall transmit to
Congress a report on the activities and results of the program carried
out under this section, together with any recommendations the Secretary
determines appropriate.
SEC. 4125. COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM
MODERNIZATION.
(a) General Authority.--The Secretary may make a grant to a State
or organization representing agencies and officials of a State in a
fiscal year to modernize its commercial driver's license information
system in accordance with subsection (c) if the State is in substantial
compliance with the requirements of section 31311 of title 49, United
States Code, and this section, as determined by the Secretary. The
Secretary shall establish criteria for the distribution of grants and
notify each State annually of such criteria.
(b) Modernization Plan.--No later than 120 days after the date of
enactment of this Act, the Secretary shall publish a comprehensive
national plan to modernize the commercial driver's license information
system. The plan shall be developed in consultation with
representatives of the motor carrier industry, State safety enforcement
agencies, and State licensing agencies designated by the Secretary.
(c) Use of Grant.--A State may use a grant under this section only
to implement improvements that are consistent with the modernization
plan developed by the Secretary.
(d) Pilot Program.--
(1) In general.--The Secretary may conduct with grants
under this section a 3-year pilot program in no more than 3
States to evaluate a system for sharing driver's license
information on all commercial and noncommercial driver's
licenses issued in each participating State.
(2) Funding.--The Secretary may use no more than 50 percent
of the funds available to carry out this section for the pilot
program in any fiscal year.
(3) Report.--Not later than 1 year after the last day of
the pilot program, the Secretary shall transmit to Congress a
report on the results of the pilot program.
(e) Government Share.--A grant under this section to a State or
organization may not be for more than 80 percent of the costs incurred
by the State or organization in a fiscal year in implementing the
modernization program developed by the Secretary. In determining these
costs, the Secretary shall include in-kind contributions of the State.
(f) Funding.--There are authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) to carry out
this section--
(1) $7,000,000 for fiscal year 2006;
(2) $7,000,000 for fiscal year 2007;
(3) $8,000,000 for fiscal year 2008; and
(4) $8,000,000 for fiscal year 2009.
(g) Contract Authority and Availability.--
(1) Period of availability.--The amounts made available
under subsection (f) shall remain available until expended.
(2) Initial date of availability.--Amounts authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) by subsection (f) 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.
(3) Contract authority.--Approval by the Secretary of a
grant with funds made available under subsection (f) imposes
upon the United States a contractual obligation for payment of
the Government's share of costs incurred in carrying out the
objectives of the grant.
SEC. 4126. MAXIMUM HOURS OF SERVICE FOR OPERATORS OF GROUND WATER WELL
DRILLING RIGS.
Section 345(a)(2) of the National Highway System Designation Act of
1995 (49 U.S.C. 31136 note; 109 Stat 613) is amended by adding at the
end the following: `Except as required in section 395.3 of title 49,
Code of Federal Regulations, as in effect on the date of enactment of
this sentence, no additional off-duty time shall be required in order
to operate such vehicle.'.
SEC. 4127. SAFETY PERFORMANCE HISTORY SCREENING.
(a) In General.--The Secretary shall provide persons conducting
preemployment screening services for the motor carrier industry
electronic access to the following reports contained in the Motor
Carrier Management Information System:
(1) Commercial motor vehicle accident reports.
(2) Inspection reports that contain no driver-related
safety violations.
(3) Serious driver-related safety violation inspection
reports.
(b) Conditions on Providing Access.--Before providing a person
access to the Motor Carrier Management Information System under
subsection (a), the Secretary shall--
(1) ensure that any information that is released to such
person will be in accordance with the Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.) and all other applicable Federal law;
(2) ensure that such person will not conduct a screening
without the operator-applicant's written consent;
(3) ensure that any information that is released to such
person will not be released to any person or entity, other than
the motor carrier requesting the screening services or the
operator-applicant, unless expressly authorized or required by
law; and
(4) provide a procedure for the operator-applicant to
correct inaccurate information in the System in a timely
manner.
(c) Design.--The process for providing access to the Motor Carrier
Management Information System under subsection (a) shall be designed to
assist the motor carrier industry in assessing an individual operator's
crash and serious safety violation inspection history as a
preemployment condition. Use of the process shall not be mandatory and
may only be used during the preemployment assessment of an operator-
applicant.
(d) Serious Operator-Related Safety Violation Defined.--In this
section, the term `serious operator-related violation' means a
violation by an operator of a commercial motor vehicle (as defined in
section 31102 of title 49, United States Code) that the Secretary
determines will result in the operator being prohibited from continuing
to operate a commercial motor vehicle until the violation is corrected.
SEC. 4128. INTERMODAL CHASSIS ROADABILITY RULE-MAKING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, after providing notice and opportunity for
comment, shall issue regulations establishing a program to ensure that
intermodal equipment used to transport intermodal containers are safe.
(b) Motor Carrier Safety Regulations.--The regulations under this
section shall be issued as part of the Federal motor carrier safety
regulations of the Department of Transportation.
(c) Contents.--The regulations issued under this section shall
include, at a minimum--
(1) a requirement to identify providers of intermodal
equipment that is interchanged or intended for interchange to
motor carriers in intermodal transportation;
(2) a requirement to match such intermodal equipment
readily to the intermodal equipment provider through a unique
identifying number;
(3) a requirement to ensure that each intermodal equipment
provider maintains a system of maintenance and repair records
for such equipment;
(4) a requirement to evaluate the compliance of intermodal
equipment providers with the applicable Federal motor carrier
safety regulations;
(5) a provision that--
(A) establishes a civil penalty structure
consistent with section 521(b) of title 49, United
States Code, for intermodal equipment providers that
fail to attain satisfactory compliance with applicable
Federal motor carrier safety regulations; and
(B) prohibits intermodal equipment providers from
placing intermodal equipment on the public highways if
such providers are found to pose an imminent hazard;
(6) a process by which motor carriers and agents of motor
carriers may petition the Federal Motor Carrier Safety
Administration to undertake an investigation of a noncompliant
intermodal equipment provider; and
(7) an inspection and audit program of intermodal equipment
providers.
(d) Deadline for Rulemaking Proceeding.--The regulations under this
section shall be issued pursuant to a rulemaking proceeding initiated
not later than 90 days after the date of enactment of this Act.
(e) Definitions.--In this section, the following definitions apply:
(1) Intermodal equipment.--The term `intermodal equipment'
means equipment that is commonly used in the intermodal
transportation of freight over public highways in interstate
commerce (as defined in section 31132 of title 49, United
States Code), including trailers, chassis, and any associated
devices.
(2) Intermodal equipment provider.--The term `intermodal
equipment provider' means any person with any legal right,
title, or interest in intermodal equipment that interchanges
such equipment to a motor carrier.
(3) Interchange.--The term `interchange' means the act of
providing intermodal equipment to a motor carrier for the
purpose of transporting the equipment for loading or unloading
by any person or repositioning the equipment for the benefit of
the equipment provider. Such term does not include the leasing
of equipment to a motor carrier for use in the motor carrier's
over-the-road freight hauling operations.
(f) Inspection, Repair, and Maintenance of Intermodal Equipment.--
Section 31136 of title 49, United States Code, is amended by adding at
the end the following:
`(g) Inspection, Repair, and Maintenance of Intermodal Equipment.--
The Secretary, or an employee of the Department of Transportation
designated by the Secretary, may inspect intermodal equipment, and copy
related maintenance and repair records for such equipment, on demand
and display of proper credentials to inspect intermodal equipment.'.
(g) Jurisdiction Over Equipment Providers.--Section 31132(1) of
such title is amended by inserting after `towed vehicle' the following:
`(including intermodal equipment, including trailers, chassis and
associated devices, commonly used for the transportation of intermodal
freight via highway)'.
SEC. 4129. SUBSTANCE ABUSE PROFESSIONALS.
The Secretary shall conduct a rulemaking to permit State licensed
or certified mental health counselors or addiction specialists
certified by the American Academy of Health Care Providers in the
Addictive Disorders to act as substance abuse professionals under
subpart O of part 40 of title 49, Code of Federal Regulations.
SEC. 4130. INTERSTATE VAN OPERATIONS.
The Federal motor carrier safety regulations (other than
regulations relating to commercial drivers license and drug and alcohol
testing requirements) shall apply to all interstate operations of
commercial motor vehicles used to transport between 9 and 15 passengers
(including the driver), regardless of the distance traveled.
SEC. 4131. HOURS OF SERVICE FOR OPERATORS OF UTILITY SERVICE VEHICLES.
Section 345 of the National Highway System Designation Act of 1995
(49 U.S.C. 31136 note; 109 sTAT. 613) is amended--
(1) in subsection (a) by striking paragraph (4) and
inserting the following:
`(4) Operators of utility service vehicles.--
`(A) Inapplicability of federal regulations.--Such
regulations shall not apply to a driver of a utility
service vehicle.
`(B) Prohibition on state regulations.--A State, a
political subdivision of a State, an interstate agency,
or other entity consisting of 2 or more States, shall
not enact or enforce any law, rule, regulation, or
standard that imposes requirements on a driver of a
utility service vehicle that are similar to the
requirements contained in such regulations.'.
(2) in subsection (b) by striking `Nothing' and inserting
`Except as provided in subsection (a)(4), nothing'; and
(3) in the first sentence of subsection (c) by striking
`paragraph (2)' and inserting `an exemption under paragraph (2)
or (4)'.
SEC. 4132. TECHNICAL CORRECTIONS.
(a) Intermodal Transportation Advisory Board.--Section 5502(b) of
title 49, United States Code, is amended--
(1) by striking `and' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting `; and'; and
(3) by adding at the end the following:
`(6) the Federal Motor Carrier Safety Administration.'.
(b) Reference to Agency.--Section 31502(e) of such title is
amended--
(1) in paragraph (2) by striking `Regional Director of the
Federal Highway Administration' and inserting `Field
Administrator of the Federal Motor Carrier Safety
Administration'; and
(2) in paragraph (3) by striking `Regional Director' and
inserting `Field Administrator'.
SEC. 4133. SPECIAL RULE FOR FISCAL YEAR 2004.
In any case in which an amount is authorized to be appropriated,
made available, allocated, set aside, taken down, or subject to an
obligation limitation for fiscal year 2004 for a program, project, or
activity in any provision of this title, including an amendment made by
this title, that is different than the amount authorized to be
appropriated, made available, allocated, set aside, taken down, or
subject to an obligation limitation for fiscal year 2004 for such
program, project, or activity in any provision of the Surface
Transportation Extension Act of 2004, Part IV (Public Law 108-280),
including any amendment made by such Act, the amount referred to in
such Act shall be the amount authorized to be appropriated, made
available, allocated, set aside, taken down, or subject to an
obligation limitation.
Subtitle B--Household Goods Transportation
SEC. 4201. FEDERAL-STATE RELATIONS RELATING TO TRANSPORTATION OF
HOUSEHOLD GOODS.
(a) Nonpreemption of Intrastate Transportation of Household
Goods.--Section 14501(c)(2)(B) of title 49, United States Code, is
amended by inserting `intrastate' before `transportation'.
(b) Enforcement of Consumer Protection With Respect to Interstate
Household Goods Carriers.--Chapter 145 of such title is amended by
adding at the end the following:
`Sec. 14506. Enforcement of Federal regulations by State attorneys
General
`(a) In General.--A State, as parens patriae, may bring a civil
action on behalf of a resident of the State in an appropriate district
court of the United States to enforce a regulation or order of the
Secretary or Board--
`(1) to protect an individual shipper of household goods if
such regulation or order governs the delivery of the shipper's
household goods; or
`(2) to impose a civil penalty under section 14915 whenever
the attorney general of the State has reason to believe that
the interests of the residents of the State have been or are
being threatened or adversely affected by--
`(A) a carrier or broker providing transportation
of household goods subject to jurisdiction under
subchapter I or III of chapter 135 who is committing
repeat violations of section 14915; or
`(B) a foreign motor carrier providing
transportation of household goods who is registered
under section 13902 and who is committing repeat
violations of section 14915.
`(b) Limitation on Statutory Construction.--Nothing in this section
shall be construed--
`(1) as preventing an attorney general from exercising the
powers conferred on the attorney general by the laws of such
State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence;
`(2) as prohibiting a State official from proceeding in
State court to enforce a criminal statute of the State;
`(3) as authorizing a State or political subdivision of a
State to bring an enforcement action under a consumer
protection law, regulation, or other provision of the State
relating to interstate transportation of household goods (as
defined in section 13102(10)(A)) with respect to an activity
that is inconsistent with Federal laws and regulations relating
to interstate transportation of household goods; or
`(4) as authorizing a State, as parens patriae, to bring a
class civil action on behalf of its residents to enforce a
regulation or order of the Secretary or Board.
`(c) Actions by the Secretary or Board.--Whenever a civil action
has been instituted by or on behalf of the Secretary or Board for
violation of section 14915, no State may, during the pendency of such
action, institute a civil action under subsection (a) against any
defendant named in the complaint relating to such violation.
`(d) Venue; Service of Process.--Any civil action to be brought
under subsection (a) in a district court of the United States may be
brought in the district in which the defendant is found, is an
inhabitant, or transacts business or wherever venue is proper under
section 1391 of title 28. Process in such an action may be served in
any district in which the defendant is an inhabitant or in which the
defendant may be found.'.
(c) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
`14506. Enforcement of Federal regulations by State attorneys
general.'.
SEC. 4202. ARBITRATION REQUIREMENTS.
(a) Offering Shippers Arbitration.--Section 14708(a) of title 49,
United States Code, is amended by inserting before the period at the
end the following: `and to determine whether carrier charges, in
addition to those collected at delivery, must be paid by the shipper
for transportation and services related to the transportation of
household goods'.
(b) Threshold for Binding Arbitration.--Section 14708(b)(6) of such
title is amended by striking `$5,000' each place it appears and
inserting `$10,000'.
(c) Deadline for Decision.--Section 14708(b)(8) of such title is
amended--
(1) by striking `and'; and
(2) by inserting after `for damages' the following: `, and
an order requiring the payment of additional carrier charges'.
(d) Attorney's Fees to Shippers.--Section 14708(d)(3) of such title
is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(2) by inserting before subparagraph (B) (as so
redesignated) the following:
`(A) the shipper was not advised by the carrier during the
claim settlement process that a dispute settlement program was
available to resolve the dispute;'.
SEC. 4203. CIVIL PENALTIES RELATING TO HOUSEHOLD GOODS BROKERS AND
UNAUTHORIZED TRANSPORTATION.
Section 14901(d) of title 49, United States Code, is amended--
(1) by striking `If a carrier' and inserting the following:
`(1) In general.--If a carrier'; and
(2) by adding at the end the following:
`(2) Estimate of broker without carrier agreement.--If a
broker for transportation of household goods subject to
jurisdiction under subchapter I of chapter 135 makes an
estimate of the cost of transporting any such goods before
entering into an agreement with a carrier to provide
transportation of household goods subject to such jurisdiction,
the broker is liable to the United States for a civil penalty
of not less than $10,000 for each violation.
`(3) Unauthorized transportation.--If a person provides
transportation of household goods subject to jurisdiction under
subchapter I of chapter 135 or provides broker services for
such transportation without being registered under chapter 139
to provide such transportation or services as a motor carrier
or broker, as the case may be, such person is liable to the
United States for a civil penalty of not less than $25,000 for
each violation.'.
SEC. 4204. CIVIL PENALTY FOR HOLDING HOUSEHOLD GOODS HOSTAGE.
(a) In General.--Chapter 149 of title 49, United States Code, is
amended by adding at the end the following:
`Sec. 14915. Holding household goods hostage
`(a) Holding Household Goods Hostage Defined.--For purposes of this
section, the term ``holding household goods hostage'' means the knowing
and willful refusal to relinquish possession of a shipment of household
goods described in section 13102(10)(A) upon payment of not more than
100 percent of a binding estimate (or, in the case of a nonbinding
estimate, not more than 110 percent of the estimated charges for such
shipment).
`(b) Civil Penalty.--Whoever is found holding a household goods
shipment hostage is liable to the United States for a civil penalty of
not less than $10,000 for each violation. If such person is a carrier
or broker, the Secretary may suspend for a period of not less than 6
months the registration of such carrier or broker under chapter 139.'.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
`14915. Holding household goods hostage.'.
SEC. 4205. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO
ENHANCE FEDERAL-STATE RELATIONS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall establish a working group of State
attorneys general, State consumer protection administrators, and
Federal and local law enforcement officials for the purpose of
developing practices and procedures to enhance the Federal-State
partnership in enforcement efforts, exchange of information, and
coordination of enforcement efforts with respect to interstate
transportation of household goods and of making legislative and
regulatory recommendations to the Secretary concerning such enforcement
efforts.
(b) Consultation.--In carrying out subsection (a), the working
group shall consult with industries involved in the transportation of
household goods.
(c) Federal Advisory Committee Act Exemption.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the working group
established under subsection (a).
(d) Termination Date.--The working group shall remain in effect
until September 30, 2009.
SEC. 4206. CONSUMER HANDBOOK ON DOT WEB SITE.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall take such action as may be necessary to ensure that
publication ESA 03005 of the Federal Motor Carrier Safety
Administration entitled `Your Rights and Responsibilities When You
Move', is prominently displayed, and available in language that is
readily understandable by the general public, on the Web site of the
Department of Transportation.
SEC. 4207. RELEASE OF HOUSEHOLD GOODS BROKER INFORMATION.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall modify the regulations contained in part 375 of title
49, Code of Federal Regulations, to require a broker that is subject to
such regulations to provide shippers with the following information
whenever they have contact with a shipper or potential shipper:
(1) The Department of Transportation number of the broker.
(2) The ESA 03005 publication referred to in section 4206
of this Act.
(3) A list of all motor carriers providing transportation
of household goods used by the broker and a statement that the
broker is not a motor carrier providing transportation of
household goods.
SEC. 4208. CONSUMER COMPLAINT INFORMATION.
(a) Establishment of System.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall--
(1) establish a system for filing and logging consumer
complaints relating to motor carriers providing transportation
of household goods and for compiling complaint information
gathered by the Department of Transportation and the States
with regard to such carriers, a database of the complaints, and
a procedure for the public to have access to aggregated
information and for carriers to challenge duplicate or
fraudulent information in the database; and
(2) issue regulations requiring each motor carrier of
household goods to submit on a quarterly basis a report
summarizing--
(A) the number of shipments that originate and are
delivered for individual shippers during the reporting
period by the carrier;
(B) the number and general category of complaints
lodged by consumers with the carrier;
(C) the number of claims filed with the carrier for
loss and damage in excess of $500;
(D) the number of such claims resolved during the
reporting period;
(E) the number of such claims declined in the
reporting period; and
(F) the number of such claims that are pending at
the close of the reporting period.
(b) Use of Information.--The Secretary shall consider information
in the data base established under subsection (a) in its household
goods compliance and enforcement program.
SEC. 4209. INSURANCE REGULATIONS.
(a) Review.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall undertake a review of the current Federal
regulations regarding insurance coverage provided by motor carriers
providing transportation of household goods and revise such regulations
in order to provide enhanced protection for shippers in the case of
loss or damage as determined necessary.
(b) Determinations.--The review shall include, but not be limited
to, a determination of--
(1) whether the current regulations provide adequate
protection for shippers;
(2) whether an individual shipper should purchase insurance
as opposed to the carrier; and
(3) whether there are abuses of the current regulations
that leave the shipper unprotected in loss and damage claims.
SEC. 4210. ESTIMATING REQUIREMENTS.
Section 14104(b)(1) of title 49, United States Code, is amended to
read as follows:
`(1) Required to be in writing.--
`(A) In general.--Except as otherwise provided in
this subsection, every motor carrier providing
transportation of household goods described in section
13102(10)(A) subject to jurisdiction under subchapter I
of chapter 135 shall conduct a physical survey of the
household goods to be transported on behalf of a
prospective individual shipper and shall provide the
shipper with a written estimate of charges for the
transportation and all related services.
`(B) Waiver.--A shipper may elect to waive a
physical survey under this paragraph by written
agreement signed by the shipper before the shipment is
loaded. A copy of the waiver agreement must be retained
as an addendum to the bill of lading and shall be
subject to the same record inspection and preservation
requirements of the Secretary as are applicable to
bills of lading.
`(C) Estimate.--
`(i) In general.--Notwithstanding a waiver
under subparagraph (B), a carrier's statement
of charges for transportation must be submitted
to the shipper in writing and must indicate
whether it is binding or nonbinding.
`(ii) Binding.--A binding estimate under
this paragraph must indicate that the carrier
and shipper are bound by such charges. The
carrier may impose a charge for providing a
written binding estimate.
`(iii) Nonbinding.--A nonbinding estimate
under this paragraph must indicate that the
actual charges will be based upon the actual
weight of the individual shipper's shipment and
the carrier's lawful tariff charges. The
carrier may not impose a charge for providing a
nonbinding estimate.'.
SEC. 4211. APPLICATION OF STATE CONSUMER PROTECTION LAWS TO CERTAIN
HOUSEHOLD GOODS CARRIERS.
(a) Study.--The Comptroller General shall conduct a study on the
current consumer protection authorities and actions of the Department
of Transportation and the impact on shippers and carriers of houshold
goods involved in interstate transportation of allowing State attorneys
general to apply State consumer protection laws to such transportation.
(b) Matters to Be Considered.--In conducting the study, the
Comptroller General shall consider, at a minimum--
(1) the level of consumer protection being provided to
consumers through Federal household goods regulations and how
household goods regulations relating to consumer protection
compare to regulations relating to consumer protection for
other modes of transportation regulated by the Department of
Transportation;
(2) the history and background of State enforcement of
State consumer protection laws on household goods carriers
providing intrastate transportation and what effects such laws
have on the ability of intrastate household goods carriers to
operate;
(3) what operational impacts, if any, would result on
household goods carriers engaged in interstate commerce being
subject to the State consumer protection laws; and
(4) the potential for States to regulate rates or other
business operations if State consumer protection laws applied
to interstate household goods movements.
(c) Consultation.--In conducting the study, the Comptroller General
shall consult with the Secretary, State attorneys general, consumer
protection agencies, and the household goods industry.
(d) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General shall transmit to the Committee of
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science and Transportation of the Senate a
report on the results of the study.
SEC. 4212. APPLICABILITY TO HOUSEHOLD GOODS MOTOR CARRIERS.
(a) In General.--The provisions of title 49, United States Code,
and this Act (including any amendments made by this Act) relating to
the transportation of household goods shall only apply to household
goods motor carriers.
(b) Household Goods Motor Carrier Defined.--In this section, the
term `household goods motor carrier' means a motor carrier as defined
in section 13102(12) of title 49, United States Code, which, in the
ordinary course of its business of providing transportation of
household goods, offers some or all of the following additional
services: binding and nonbinding estimates, inventorying, protective
packing and unpacking of individual items, and loading and unloading at
personal residences.
SEC. 4213. VIOLATIONS OF OUT-OF-SERVICE ORDERS.
Section 31310(i)(2) of title 49, United States Code, is amended by
adding at the end the following:
`(D) an employer that knowingly and willfully allows or
requires an employee to operate a commercial motor vehicle in
violation of an out-of-service order shall, upon conviction, be
subject for each offense to imprisonment for a term not to
exceed one year or a fine under title 18, or both.'.
SEC. 4214. CRIMINAL PENALTY FOR HOLDING GOODS HOSTAGE .
Section 14915 of title 49, United States Code, as added by section
4204 of this Act is amended by adding at the end the following:
`(d) Criminal Penalty.--A motor carrier that has been convicted of
knowingly and willfully holding household goods hostage by falsifying
documents or demanding the payment of charges for services that were
not performed or were not necessary in the safe and adequate movement
of a shipment of household goods shall be fined under title 18, or
imprisoned not more than 2 years, or both.'.
TITLE V--TRANSPORTATION RESEARCH AND EDUCATION
Subtitle A--Funding
SEC. 5101. 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, development, and
deployment program.--To carry out sections 502, 503, 506, 507,
509, and 510 of title 23, United States Code, and sections
5207, 5210, 5211, and 5402 of this title--
(A) $169,000,000 for fiscal year 2004;
(B) $239,500,000 for fiscal year 2005;
(C) $239,500,000 for fiscal year 2006;
(D) $239,500,000 for fiscal year 2007;
(E) $239,500,000 for fiscal year 2008; and
(F) $239,500,000 for fiscal year 2009.
(2) Training and education.--To carry out section 504 of
title 23, United States Code, and section 5211 of this Act,
$24,500,000 for fiscal year 2004 and $33,500,000 for each of
fiscal years 2005 through 2009.
(3) Bureau of transportation statistics.--For the Bureau of
Transportation Statistics to carry out section 111 of title 49,
United States Code, $31,000,000 for fiscal year 2004 and
$33,000,000 for each of fiscal years 2005 through 2009.
(4) University transportation research.--To carry out
sections 5505 and 5506 of title 49, United States Code,
$54,500,000 for fiscal year 2004 and $71,000,000 for each of
fiscal years 2005 through 2009.
(5) Intelligent transportation systems (its) research.--To
carry out subtitle F of this title, $115,000,000 for each of
fiscal years 2004 through 2009.
(6) ITS deployment.--To carry out sections 5208 and 5209 of
the Transportation Equity Act for the 21st Century (112 Stat.
458; 112 Stat. 460), $100,000,000 for fiscal years 2004 and
2005.
(b) Applicability of Title 23, United States Code.--Funds
authorized to be appropriated by subsection (a) shall be available for
obligation in the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code; except that the Federal
share of the cost of a project or activity carried out using such funds
shall be 50 percent, unless otherwise expressly provided by this Act
(including the amendments made by this Act) or otherwise determined by
the Secretary, and such funds shall remain available until expended and
shall not be transferable.
SEC. 5102. 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 sections 5101(a) and 5401 of
this Act shall not exceed $483,000,000 for fiscal year 2004,
$484,000,000 for fiscal year 2005, $485,000,000 for fiscal year 2006,
$485,000,000 for fiscal year 2007, $486,000,000 for fiscal year 2008,
and $487,000,000 for fiscal year 2009.
SEC. 5103. FINDINGS.
Congress finds the following:
(1) Research and development are critical to developing and
maintaining a transportation system that meets the goals of
safety, mobility, economic vitality, efficiency, equity, and
environmental protection.
(2) Federally sponsored surface transportation research and
development has produced many successes. The development of
rumble strips has increased safety; research on materials has
increased the lifespan of pavements, saving money and reducing
the disruption caused by construction; and Geographic
Information Systems have improved the management and efficiency
of transit fleets.
(3) Despite these important successes, the Federal surface
transportation research and development investment represents
less than one percent of overall government spending on surface
transportation.
(4) While Congress increased funding for overall
transportation programs by about 40 percent in the
Transportation Equity Act for the 21st Century, funding for
transportation research and development remained relatively
flat.
(5) The Federal investment in research and development
should be balanced between short-term applied and long-term
fundamental research and development. The investment should
also cover a wide range of research areas, including research
on materials and construction, research on operations, research
on transportation trends and human factors, and research
addressing the institutional barriers to deployment of new
technologies.
(6) Therefore, Congress finds that it is in the United
States interest to increase the Federal investment in
transportation research and development, and to conduct
research in critical research gaps, in order to ensure that the
transportation system meets the goals of safety, mobility,
economic vitality, efficiency, equity, and environmental
protection.
Subtitle B--Research, Technology, and Education
SEC. 5201. RESEARCH, TECHNOLOGY, AND EDUCATION.
(a) Research, Technology, and Education.--Title 23, United States
Code, is amended--
(1) in the table of chapters by striking the item relating
to chapter 5 and inserting the following:
`5. RESEARCH, TECHNOLOGY, AND EDUCATION..................... 501'.
(2) by striking the heading for chapter 5 and inserting the
following:
`CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION'.
(b) Statement of Principles Governing Research and Technology
Investments.--Section 502 of such title is amended--
(1) by redesignating subsections (a) through (g) as
subsections (b) through (h), respectively; and
(2) by inserting before subsection (b) (as so redesignated)
the following:
`(a) Basic Principles Governing Research and Technology
Investments.--
`(1) Coverage.--Surface transportation research and
technology development shall include all activities leading to
technology development and transfer, as well as the
introduction of new and innovative ideas, practices, and
approaches, through such mechanisms as field applications,
education and training, and technical support.
`(2) Federal responsibility.--Funding and conducting
surface transportation research and technology transfer
activities shall be considered a basic responsibility of the
Federal Government when the work--
`(A) is of national significance;
`(B) supports research in which there is a clear
public benefit and private sector investment is less
than optimal;
`(C) supports a Federal stewardship role in
assuring that State and local governments use national
resources efficiently; or
`(D) presents the best means to support Federal
policy goals compared to other policy alternatives.
`(3) Role.--Consistent with these Federal responsibilities,
the Secretary shall--
`(A) conduct research;
`(B) support and facilitate research and technology
transfer activities by State highway agencies;
`(C) share results of completed research; and
`(D) support and facilitate technology and
innovation deployment.
`(4) Program content.--A surface transportation research
program shall include--
`(A) fundamental, long-term highway research;
`(B) research aimed at significant highway research
gaps and emerging issues with national implications;
and
`(C) research related to policy and planning.
`(5) Stakeholder input.--Federal surface transportation
research and development activities shall address the needs of
stakeholders. Stakeholders include States, metropolitan
planning organizations, local governments, the private sector,
researchers, research sponsors, and other affected parties,
including public interest groups.
`(6) Competition and peer review.--Except as otherwise
provided in this Act, the Secretary shall award all grants,
contracts, and cooperative agreements for research and
development under this Act based on open competition and peer
review of proposals.
`(7) Performance review and evaluation.--To the maximum
extent practicable, all surface transportation research and
development projects shall include a component of performance
measurement and evaluation. Performance measures shall be
established during the proposal stage of a research and
development project and shall, to the maximum extent possible,
be outcome-based. All evaluations shall be made readily
available to the public.'.
(c) Procurement for Research, Development, and Technology Transfer
Activities.--Section 502(b)(3) of such title (as redesignated by
subsection (b) of this section) is amended to read as follows:
`(3) Cooperation, grants, and contracts.--The Secretary may
carry out research, development, and technology transfer
activities related to transportation--
`(A) independently;
`(B) in cooperation with other Federal departments,
agencies, and instrumentalities and Federal
laboratories; or
`(C) by making grants to, or entering into
contracts, cooperative agreements, and other
transactions with one or more of the following: the
National Academy of Sciences, the American Association
of State Highway and Transportation Officials, any
Federal laboratory, Federal agency, State agency,
authority, association, institution, for-profit or
nonprofit corporation, organization, foreign country,
any other person.'.
(d) Transportation Pooled Fund Program.--Section 502(b) of such
title (as redesignated by subsection (b) of this section), is amended
by adding at the end the following:
`(6) Pooled funding.--
`(A) Cooperation.--To promote effective utilization
of available resources, the Secretary may cooperate
with a State and an appropriate agency in funding
research, development, and technology transfer
activities of mutual interest on a pooled funds basis.
`(B) Secretary as agent.--The Secretary may enter
into contracts, cooperative agreements, grants, and
other transactions as agent for all participating
parties in carrying out such research, development, or
technology transfer.'.
(e) Operations Elements in Research Activities.--Section 502 of
such title is further amended--
(1) in subsection (b)(1)(B) (as redesignated by subsection
(b) of this section) by inserting `transportation system
management and operations,' after `operation,'.
(2) in subsection (d)(5)(C) (as redesignated by subsection
(b) of this section) by inserting `system management and' after
`transportation'; and
(3) by inserting at the end of subsection (d) (as
redesignated by subsection (b) of this section) the following:
`(12) Investigation and development of various operational
methodologies to reduce the occurrence and impact of recurrent
congestion and nonrecurrent congestion and increase
transportation system reliability.
`(13) Investigation of processes, procedures, and
technologies to secure container and hazardous material
transport, including the evaluation of regulations and the
impact of good security practices on commerce and productivity.
`(14) Research, development, and technology transfer
related to asset management.'.
(f) Facilitating Transportation Research and Technology Deployment
Partnerships.--Section 502(c)(2) of such title (as redesignated by
subsection (b) of this section) is amended to read as follows:
`(2) Cooperation, grants, contracts, and agreements.--
Notwithstanding any other provision of law, the Secretary may
directly initiate contracts, cooperative research and
development agreements (as defined in section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a)), and other transactions to fund, and accept funds from,
the Transportation Research Board of the National Research
Council of the National Academy of Sciences, State departments
of transportation, cities, counties, and their agents to
conduct joint transportation research and technology efforts.'.
(g) Exploratory Advanced Research Program.--Section 502(e) of such
title (as redesignated by subsection (b) of this section) is amended to
read as follows:
`(e) Exploratory Advanced Research.--
`(1) In general.--The Secretary shall establish an
exploratory advanced research program, consistent with the
surface transportation research and technology development
strategic plan developed under section 508 that involves and
draws upon basic research results to provide a better
understanding of problems and develop innovative solutions. In
carrying out the program, the Secretary shall strive to develop
partnerships with public and private sector entities.
`(2) Research areas.--In carrying out the program, the
Secretary may make grants and enter into cooperative agreements
and contracts in such areas of surface transportation research
and technology as the Secretary determines appropriate,
including the following:
`(A) Characterization of materials used in highway
infrastructure, including analytical techniques,
microstructure modeling, and the deterioration
processes.
`(B) Assessment of the effects of transportation
decisions on human health.
`(C) Development of surrogate measures of safety.
`(D) Environmental research.
`(E) Data acquisition techniques for system
condition and performance monitoring.
`(F) System performance data and information
processing needed to assess the day-to-day operational
performance of the system in support of hour-to-hour
operational decisionmaking.'.
(h) Long-Term Pavement Performance Program.--
(1) In general.--Section 502(f) of such title (as
redesignated by subsection (b) of this section) is amended to
read as follows:
`(f) Long-Term Pavement Performance Program.--
`(1) Authority.--The Secretary shall complete the 20-year
long-term pavement performance program tests initiated under
the strategic highway research program established under
section 307(d) (as in effect on June 8, 1998).
`(2) Grants, cooperative agreements, and contracts.--Under
the program, the Secretary shall make grants and enter into
cooperative agreements and contracts to--
`(A) monitor, material-test, and evaluate highway
test sections in existence as of the date of the grant,
agreement, or contract;
`(B) analyze the data obtained under subparagraph
(A); and
`(C) prepare products to fulfill program objectives
and meet future pavement technology needs.'.
(2) Funding.--Of the amounts made available by section
5101(a)(1) of this Act, $10,000,000 for fiscal year 2004 and
$21,000,000 for each of fiscal years 2005 through 2009 shall be
available to carry out section 502(f) of title 23, United
States Code.
(i) Turner-Fairbank Highway Research Center.--Section 502 of title
23, United States Code, is further amended by adding at the end the
following:
`(i) Turner-Fairbank Highway Research Center.--
`(1) In general.--The Secretary shall operate in the
Federal Highway Administration a Turner-Fairbank Highway
Research Center.
`(2) Uses of the center.--The Turner-Fairbank Highway
Research Center shall support--
`(A) the conduct of highway research and
development related to new highway technology;
`(B) the development of understandings, tools, and
techniques that provide solutions to complex technical
problems through the development of economical and
environmentally sensitive designs, efficient and
quality-controlled construction practices, and durable
materials; and
`(C) the development of innovative highway products
and practices.'.
(j) University Funding.--Except as otherwise provided in this title
and any amendments made by this title, the Secretary may not provide
financial assistance to a university under section 5101 unless the
university is selected to receive such funds through a competitive
process that incorporates merit-based peer review and the selection is
based on a proposal submitted to the Secretary by the university in
response to a request for proposals issued by the Secretary.
SEC. 5202. LONG-TERM BRIDGE PERFORMANCE PROGRAM; INNOVATIVE BRIDGE
RESEARCH AND DEPLOYMENT PROGRAM.
(a) Long-Term Bridge Performance Program.--
(1) In general.--Section 502 of title 23, United States
Code, is further amended by adding at the end the following:
`(j) Long-Term Bridge Performance Program.--
`(1) Authority.--The Secretary shall establish a 20-year
long-term bridge performance program.
`(2) Grants, cooperative agreements, and contracts.--Under
the program, the Secretary shall make grants and enter into
cooperative agreements and contracts to--
`(A) monitor, material-test, and evaluate test
bridges;
`(B) analyze the data obtained under subparagraph
(A); and
`(C) prepare products to fulfill program objectives
and meet future bridge technology needs.'.
(2) Funding.--Of the amounts made available by section
5101(a)(1) of this Act, $5,000,000 for fiscal year 2004 and
$15,000,000 for each of fiscal years 2005 through 2009 shall be
available to carry out section 502(j) of title 23, United
States Code.
(b) Innovative Bridge Research and Deployment Program.--
(1) In general.--Section 503(b)(1) of such title is amended
to read as follows:
`(1) In general.--The Secretary shall establish and carry
out a program to promote, demonstrate, evaluate, and document
the application of innovative designs, materials, and
construction methods in the construction, repair, and
rehabilitation of bridges and other highway structures.'.
(2) Goals.--Section 503(b)(2) of such title is amended to
read as follows:
`(2) Goals.--The goals of the program shall include--
`(A) the development of new, cost-effective,
innovative highway bridge applications;
`(B) the development of construction techniques to
increase safety and reduce construction time and
traffic congestion;
`(C) the development of engineering design criteria
for innovative products, materials, and structural
systems for use in highway bridges and structures;
`(D) the reduction of maintenance costs and life-
cycle costs of bridges, including the costs of new
construction, replacement, or rehabilitation of
deficient bridges;
`(E) the development of highway bridges and
structures that will withstand natural disasters;
`(F) the documentation and wide dissemination of
objective evaluations of the performance and benefits
of these innovative designs, materials, and
construction methods;
`(G) the effective transfer of resulting
information and technology; and
`(H) the development of improved methods to detect
bridge scour and economical bridge foundation designs
that will withstand bridge scour.'.
(3) Funding.--
(A) In general.--Of the amounts made available by
section 5101(a)(1) of this Act, $20,000,000 for each of
fiscal years 2004 through 2009 shall be available to
carry out section 503(b) of title 23, United States
Code; and
(B) High performance concrete bridge technology
research and deployment.--The Secretary shall obligate
$2,000,000 of the amount described in subparagraph (A)
for each of fiscal years 2004 through 2009 to conduct
research and deploy technology related to high-
performance concrete bridges.
SEC. 5203. SURFACE TRANSPORTATION ENVIRONMENT AND PLANNING COOPERATIVE
RESEARCH PROGRAM.
(a) In General.--Section 507 of title 23, United States Code, is
amended to read as follows:
`Sec. 507. Surface Transportation environment and planning cooperative
research program
`(a) Establishment.--The Secretary shall establish and carry out a
collaborative, public-private surface transportation environment and
planning cooperative research program.
`(b) Agreement.--The Secretary shall enter into an agreement with
the National Academy of Sciences to carry out administrative and
management activities relating to the governance of the surface
transportation environment and planning cooperative research program.
`(c) Advisory Committee.--
`(1) Establishment.--The Secretary shall establish a
committee that will be responsible for program oversight and
project selection.
`(2) Membership.--The members of the committee shall be
appointed by the Secretary and shall be composed of--
`(A) representatives of State, regional, and local
transportation agencies, including transit agencies;
`(B) representatives of State environmental
agencies and other environmental organizations;
`(C) representatives of the transportation private
sector;
`(D) transportation and environmental scientists
and engineers; and
`(E) representatives of the Federal Highway
Administration, Federal Transit Administration,
Environmental Protection Agency, United States Fish and
Wildlife Service, Corps of Engineers, American
Association of State Highway and Transportation
Officials, and American Public Transportation
Association, who shall serve in an ex officio capacity.
`(3) Balance.--The majority of the committee's voting
members shall be representatives of government transportation
agencies.
`(4) Meetings.--The National Academy of Sciences shall
convene meetings of the committee.
`(d) Governance.--The program established under this section shall
include the following administrative and management elements:
`(1) National research agenda.--The advisory committee, in
consultation with interested parties, shall carry out and
periodically update research and development called for in the
Transportation Research Board Special Report 268, entitled
``Surface Transportation Environmental Research: A Long-Term
Strategy'' and published in 2002, as described in subsection
(e). The national research agenda shall include a multiyear
strategic plan.
`(2) Involvement.--Interested parties may--
`(A) submit research proposals;
`(B) participate in merit reviews of research
proposals and peer reviews of research products; and
`(C) receive research results.
`(3) Open competition and peer review of research
proposals.--The National Academy of Sciences may award under
the program research contracts and grants through open
competition and merit review conducted on a regular basis.
`(4) Evaluation of research.--
`(A) Peer review.--Research contracts and grants
may allow peer review of the research results.
`(B) Programmatic evaluations.--The National
Academy of Sciences may conduct periodic programmatic
evaluations on a regular basis.
`(5) Dissemination of research findings.--The National
Academy of Sciences shall disseminate research findings to
researchers, practitioners, and decisionmakers, through
conferences and seminars, field demonstrations, workshops,
training programs, presentations, testimony to government
officials, World Wide Web, and publications for the general
public.
`(e) Contents.--The national research agenda for the program
required under subsection (d)(1) shall include research in the
following areas for the purposes described:
`(1) Human health.--Human health to establish the links
between transportation activities and human health;
substantiate the linkages between exposure to concentration
levels, emissions, and health impacts; examine the potential
health impacts from the implementation and operation of
transportation infrastructure and services; develop strategies
for avoidance and reduction of these impacts; and develop
strategies to understand the economic value of health
improvements and for incorporating health considerations into
valuation methods.
`(2) Ecology and natural systems.--Ecology and natural
systems to measure transportation's short- and long-term impact
on natural systems; develop ecologically based performance
measures; develop insight into both the spatial and temporal
issues associated with transportation and natural systems;
study the relationship between highway density and ecosystem
integrity, including the impacts of highway density on habitat
integrity and overall ecosystem health; develop a rapid
assessment methodology for use by transportation and regulatory
agencies in determining the relationship between highway
density and ecosystem integrity; and develop ecologically based
performance techniques to evaluate the success of highway
project mitigation and enhancement measures.
`(3) Environmental and socioeconomic relationships.--
Environmental and socioeconomic relationships to understand
differences in mobility, access, travel behavior, and travel
preferences across socioeconomic groups; develop improved
planning approaches that better reflect and respond to
community needs; improve evaluation methods for examining the
incidence of benefits and costs; examine the differential
impacts of current methods of finance and explore alternatives;
understand the socioeconomic implications of emerging land
development patterns and new transportation technologies;
develop cost-effective applications of technology that improve
the equity of the transport system; and develop improved
methods for community involvement, collaborative planning, and
conflict resolution.
`(4) Emerging technologies.--Emerging technologies to
assist in the transition to environmentally benign fuels and
vehicles for passengers and freight; develop responses to and
demand for new technologies that could offer improved
environmental performance; identify possible applications of
intelligent transportation systems technologies for
environmental benefit; develop policy instruments that would
encourage the development of beneficial new technologies in a
cost-effective manner; and respond to the impact of new
technologies.
`(5) Land use.--Land use to assess land consumption trends
and contributing factors of transportation investment, housing
policies, school quality, and consumer preferences; incorporate
impacts of transportation investments on location decision and
land use; identify the costs and benefits of current
development patterns and their transportation implications;
determine the effect of the built environment on people's
willingness to walk, drive, or take public transportation;
determine the roles of public policy and institutional
arrangements in current and prospective land use and
transportation choices; and develop improved data, methods, and
processes for considering land use, transportation, and the
environment in an integrated, systematic fashion.
`(6) Planning and performance measures.--Planning and
performance measures to improve understanding of travel needs
and preferences; improve planning methods for system analysis,
forecasting, and decisionmaking; expand information on consumer
choice processes and travel and activity patterns for both
local and long-distance trips and both passenger and freight
transportation analysis of social, environmental, and economic
benefits and cost of various transport options; develop tools
for measuring and forecasting complex transportation decisions
for all modes and users; and develop performance measures and
policy analysis approaches that can be used to determine
effectiveness.
`(7) Other research areas.--Other research areas to
identify and address the emerging and future surface
transportation research needs related to planning and
environment.
`(f) Federal Share.--The Federal share of the cost of an activity
carried out under this section shall be up to 100 percent, and such
funds shall remain available until expended.
`(g) Use of Non-Federal Funds.--In addition to using funds
authorized to be appropriated to carry out this section, the National
Academy of Sciences may seek and accept additional funding sources to
carry out this section from public and private entities capable of
attracting and accepting funding from the Department of Transportation,
Environmental Protection Agency, Department of Energy, United States
Fish and Wildlife Service, and other Federal environmental agencies,
States, local governments, nonprofit foundations, and the private
sector.'.
(b) Conforming Amendment.--The analysis for chapter 5 of such title
is amended by striking the item relating to section 507 and inserting
the following:
`507. Surface transportation environment and planning cooperative
research program.'.
(c) Funding.--Of the amounts made available by section 5101(a)(1)
of this Act, $5,000,000 for fiscal year 2004 and $15,000,000 for each
of fiscal years 2005 through 2009 shall be available to carry out
section 507 of title 23, United States Code.
SEC. 5204. TECHNOLOGY DEPLOYMENT.
(a) Technology Deployment Program.--Section 503(a) of title 23,
United States Code, is amended--
(1) in the subsection heading by striking `Initiatives and
Partnerships';
(2) by striking paragraph (1) and inserting the following:
`(1) Establishment.--The Secretary shall develop and
administer a national technology deployment program.';
(3) by striking paragraph (7) and inserting the following:
`(7) Grants, cooperative agreements, and contracts.--
`(A) In general.--Under the program, the Secretary
shall make grants to, and enter into cooperative
agreements and contracts with, States, other Federal
agencies, universities and colleges, private sector
entities, and nonprofit organizations to pay the
Federal share of the cost of research, development, and
technology transfer activities concerning innovative
materials.
`(B) Applications.--To receive a grant under this
subsection, an entity described in subparagraph (A)
shall submit an application to the Secretary. The
application shall be in such form and contain such
information as the Secretary may require. The Secretary
shall select and approve an application based on
whether the project that is the subject of the grant
meets the purpose of the program described in paragraph
(2).'; and
(4) by striking paragraph (8) and inserting the following:
`(8) Technology and information transfer.--The Secretary
shall ensure that the information and technology resulting from
research conducted under paragraph (7) is made available to
State and local transportation departments and other interested
parties as specified by the Secretary.'.
(b) Innovative Pavement Research and Deployment Program.--
(1) In general.--Section 503 of such title is further
amended by adding at the end the following:
`(c) Innovative Pavement Research and Deployment Program.--
`(1) In general.--The Secretary shall establish and
implement a program to promote, demonstrate, support, and
document the application of innovative pavement technologies,
practices, performance, and benefits.
`(2) Goals.--The goals of the innovative pavement research
and deployment program shall include--
`(A) the deployment of new, cost-effective,
innovative designs, materials, recycled materials
(including taconite tailings and foundry sand), and
practices to extend pavement life and performance and
to improve customer satisfaction;
`(B) the reduction of initial costs and life-cycle
costs of pavements, including the costs of new
construction, replacement, maintenance, and
rehabilitation;
`(C) the deployment of accelerated construction
techniques to increase safety and reduce construction
time and traffic disruption and congestion;
`(D) the deployment of engineering design criteria
and specifications for innovative practices, products,
and materials for use in highway pavements;
`(E) the deployment of new nondestructive and real-
time pavement evaluation technologies and techniques;
`(F) the evaluation, refinement, and documentation
of the performance and benefits of innovative
technologies deployed to improve life, performance,
cost effectiveness, safety, and customer satisfaction;
`(G) effective technology transfer and information
dissemination to accelerate implementation of
innovative technologies and to improve life,
performance, cost effectiveness, safety, and customer
satisfaction; and
`(H) the development of designs and materials to
reduce storm water runoff.
`(3) Research to improve nhs pavement.--The Secretary shall
obligate not less than $2,000,000 for fiscal year 2004 and
$6,000,000 for each of fiscal years 2005 through 2009 from
funds made available to carry out this subsection to conduct
research to improve asphalt pavement, concrete pavement, and
aggregates used in highways on the National Highway System.'.
(2) Funding.--Of the amounts made available by section
5101(a)(1) of this Act, $5,000,000 for fiscal year 2004 and
$15,000,000 for each of fiscal years 2005 through 2009 shall be
available to carry out section 503(c) of title 23, United
States Code.
(c) Safety Innovation Deployment Program.--
(1) In general.--Section 503 of such title is further
amended by adding the following:
`(d) Safety Innovation Deployment Program.--
`(1) In general.--The Secretary shall establish and
implement a program to demonstrate the application of
innovative technologies in highway safety.
`(2) Goals.--The goals of the program shall include--
`(A) the deployment and evaluation of safety
technologies and innovations at State and local levels;
and
`(B) the deployment of best practices in training,
management, design, and planning.
`(3) Grants, cooperative agreements, and contracts.--
`(A) In general.--Under the program, the Secretary
shall make grants to, and enter into cooperative
agreements and contracts with, States, other Federal
agencies, universities and colleges, private sector
entities, and nonprofit organizations for research,
development, and technology transfer for innovative
safety technologies.
`(B) Applications.--To receive a grant under this
subsection, an entity described in subparagraph (A)
shall submit an application to the Secretary. The
application shall be in such form and contain such
information as the Secretary may require. The Secretary
shall select and approve the applications based on
whether the project that is the subject of the
application meets the goals of the program described in
paragraph (2).
`(4) Technology and information transfer.--The Secretary
shall take such action as is necessary to ensure that the
information and technology resulting from research conducted
under paragraph (3) is made available to State and local
transportation departments and other interested parties as
specified by the Secretary.'.
(2) Funding.--Of the amounts made available by section
5101(a)(1) of this Act, $5,000,000 for fiscal year 2004 and
$15,000,000 for each of fiscal years 2005 through 2009 shall be
available to carry out section 503(d) of title 23, United
States Code.
(d) Authority to Purchase Promotional Items.--Section 503 of such
title is further amended by adding at the end the following:
`(e) Promotional Authority.--Funds authorized to be appropriated
for necessary expenses for administration and operation of the Federal
Highway Administration shall be available to purchase promotional items
of nominal value for use in the recruitment of individuals and to
promote the programs of the Federal Highway Administration.'.
(e) Wood Composite Materials Demonstration Project.--
(1) Funding.--Of the funds made available to carry out
section 5101(a)(1), $1,000,000 shall be made available by the
Secretary for each of fiscal years 2005 and 2006 for conducting
a demonstration of the durability and potential effectiveness
of wood composite materials in multimodal transportation
facilities.
(2) Federal share.--The Federal share of the cost of the
demonstration under paragraph (1) shall be 100 percent.
SEC. 5205. TRAINING AND EDUCATION.
(a) National Highway Institute.--
(1) In general.--Section 504(a)(3) of title 23, United
States Code, is amended to read as follows:
`(3) Courses.--The Institute may develop and administer
courses in modern developments, techniques, methods,
regulations, management, and procedures in areas, including
surface transportation, environmental mitigation, compliance,
stewardship, and streamlining, acquisition of rights-of-way,
relocation assistance, engineering, safety, transportation
system management and operations, construction, maintenance,
contract administration, inspection, and highway finance.'.
(2) Funding.--Of the amounts made available by section
5101(a)(2) of this Act, $8,000,000 for fiscal year 2004 and
$8,500,000 for each of fiscal years 2005 through 2009 shall be
available to carry out section 504(a) of title 23, United
States Code.
(b) Local Technical Assistance Program.--
(1) In general.--Section 504(b) of such title is amended by
adding at the end the following:
`(3) Federal share.--
`(A) Grants.--A grant under this subsection may be
used to pay up to 50 percent of local technical
assistance program costs. Funds available for
technology transfer and training purposes under this
title and title 49 may be used to cover the remaining
50 percent of the program costs.
`(B) Tribal technical assistance centers.--The
Federal share of the cost of activities carried out by
the tribal technical assistance centers under paragraph
(2)(D)(ii) shall be 100 percent.'.
(2) Funding.--Of the amounts made available by section
5101(a)(2) of this Act, $12,000,000 for fiscal year 2004 and
$14,000,000 for each of fiscal years 2005 through 2009 shall be
available to carry out section 504(b) of title 23, United
States Code.
(c) Eisenhower Transportation Fellowship Program.--Of the amounts
made available by section 5101(a)(2) of this Act, $2,000,000 for fiscal
year 2004 and $2,500,000 for each of fiscal years 2005 through 2009
shall be available to carry out section 504(c)(2) of title 23, United
States Code.
(d) Garrett a. Morgan Technology and Transportation Education
Program.--
(1) In general.--Section 504 of title 23, United States
Code, is further amended by adding at the end the following new
subsection:
`(d) Garrett a. Morgan Technology and Transportation Education
Program.--
`(1) In general.--The Secretary shall establish the Garrett
A. Morgan Technology and Transportation Education Program to
improve the preparation of students, particularly women and
minorities, in science, technology, engineering, and
mathematics through curriculum development and other activities
related to transportation.
`(2) Authorized activities.--The Secretary shall award
grants under this subsection on the basis of competitive, peer
review. Grants awarded under this subsection may be used for
enhancing science, technology, engineering, and mathematics at
the elementary and secondary school level through such means
as--
`(A) internships that offer students experience in
the transportation field;
`(B) programs that allow students to spend time
observing scientists and engineers in the
transportation field; and
`(C) developing relevant curriculum that uses
examples and problems related to transportation.
`(3) Application and review procedures.--
`(A) In general.--An entity described in
subparagraph (C) seeking funding under this subsection
shall submit an application to the Secretary at such
time, in such manner, and containing such information
as the Secretary may require. Such application, at a
minimum, shall include a description of how the funds
will be used and a description of how the funds will be
used to serve the purposes described in paragraph (2).
`(B) Priority.--In making awards under this
subsection, the Secretary shall give priority to
applicants that will encourage the participation of
women and minorities.
`(C) Eligibility.--Local education agencies and
State education agencies, which may partner with
institutions of higher education, businesses, or other
entities, shall be eligible to apply for grants under
this subsection.
`(4) Definitions.--For purposes of this subsection--
`(A) the term ``institution of higher education''
has the meaning given that term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001);
`(B) the term ``local educational agency'' has the
meaning given that term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801); and
`(C) the term ``State educational agency'' has the
meaning given that term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).'.
(2) Funding.--Of the amounts made available by section
5101(a)(2) of this Act, $500,000 for 2004 and $1,000,000 for
each of fiscal years 2005 through 2009 shall be available to
carry out section 504(d) of title 23, United States Code.
(e) Surface Transportation Workforce Development, Training, and
Education.--Section 504 of such title is further amended by adding at
the end the following:
`(e) Surface Transportation Workforce Development, Training, and
Education.--
`(1) Funding.--Subject to project approval by the
Secretary, a State may obligate funds apportioned to the State
under sections 104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), and
144(e) for surface transportation workforce development,
training and education, including--
`(A) tuition and direct educational expenses,
excluding salaries, in connection with the education
and training of employees of State and local
transportation agencies;
`(B) employee professional development;
`(C) student internships;
`(D) university or community college support; and
`(E) education activities, including outreach, to
develop interest and promote participation in surface
transportation careers.
`(2) Federal share.--The Federal share of the cost of
activities carried out in accordance with this subsection shall
be 100 percent.
`(3) Surface transportation workforce development,
training, and education defined.--In this subsection, the term
``surface transportation workforce development, training, and
education'' means activities associated with surface
transportation career awareness, student transportation career
preparation, and training and professional development for
surface transportation workers, including activities for women
and minorities.'.
(f) Transportation Education Development Pilot Program.--Section
504 of such title is further amended by inserting after subsection (e)
the following:
`(f) Transportation Education Development Pilot Program.--
`(1) Establishment.--The Secretary shall establish a
program to make grants to institutions of higher education that
in partnership with industry or State Departments of
Transportation will develop, test, and revise new curricula and
education programs to train individuals at all levels of the
transportation workforce.
`(2) Selection of grant recipients.--In selecting
applications for awards under this subsection, the Secretary
shall consider--
`(A) the degree to which the new curricula or
education program meets the specific needs of a segment
of the transportation industry, States, or regions;
`(B) providing for practical experience and on-the-
job training;
`(C) proposals oriented toward practitioners in the
field rather than the support and growth of the
research community;
`(D) the degree to which the new curricula or
program will provide training in areas other than
engineering, such as business administration,
economics, information technology, environmental
science, and law;
`(E) programs or curricula in nontraditional
departments which train professionals for work in the
transportation field, such as materials, information
technology, environmental science, urban planning, and
industrial technology; and
`(F) industry or a State's Department of
Transportation commitment to the program.
`(3) Funding.--Of the amounts made available by section
5101(a)(2) of this Act, $1,500,000 for each of fiscal years
2005 through 2009 shall be available to carry out this
subsection.
`(4) Limitations.--The amount of a grant under this
subsection shall not exceed $250,000 per year. After a
recipient has received 3 years of Federal funding under this
subsection, Federal funding may equal no more than 75 percent
of a grantee's program costs.'.
(g) Definitions and Declaration of Policy.--Section 101(a)(3) of
such title is amended--
(1) by striking `and' at the end of subparagraph (G);
(2) by striking the period at the end of subparagraph (H)
and inserting `; and'; and
(3) by adding at the end the following:
`(I) surface transportation workforce development,
training, and education.'.
(h) Transportation Technology Innovations.--
(1) Fundamental properties of asphalts and modified
asphalts.--The Secretary shall continue to carry out section
5117(b)(5) of the Transportation Equity Act for the 21st
Century (112 Stat. 450).
(2) Transportation, economic, and land use system.--The
Secretary shall continue to carry out section 5117(b)(7) of the
Transportation Equity Act for the 21st Century (112 Stat. 450).
(3) Funding.--Of the amounts made available for each of
fiscal years 2004 through 2009 by section 5101(a)(1) of this
Act, $3,000,000 shall be available to carry out paragraph (1)
and $1,000,000 shall be available to carry out paragraph (2).
(4) Use of rights-of-way.--Section 5117(b)(3) of the
Transportation Equity Act for the 21st Century (112 Stat. 449;
112 Stat. 864; 115 Stat. 2330) is amended--
(A) by redesignating subparagraphs (E) through (G)
as subparagraphs (F) through (H), respectively; and
(B) by inserting after subparagraph (D) the
following:
`(E) Use of rights-of-way.--
`(i) In general.--An intelligent
transportation system project described in
paragraph (3), and an intelligent
transportation system project described in
paragraph (6), that involves privately owned
intelligent transportation system components
and is carried out using funds made available
from the Highway Trust Fund (other than the
Mass Transit Account) shall not be subject to
any law or regulation of a State or political
subdivision of a State prohibiting or
regulating commercial activities in the rights-
of-way of a highway for which funds from the
Highway Trust Fund (other than the Mass Transit
Account) have been used for planning, design,
construction, or maintenance if the Secretary
determines that such use is in the public
interest.
`(ii) Limitation on statutory
construction.--Nothing in this subparagraph
shall be construed to affect the authority of a
State, or political subdivision of a State, to
regulate highway safety.'.
SEC. 5206. FREIGHT PLANNING CAPACITY BUILDING.
(a) In General.--Section 504 of title 23, United States Code, is
further amended by adding at the end the following:
`(g) Freight Capacity Building Program.--
`(1) Establishment.--The Secretary shall establish a
freight planning capacity building initiative to support
enhancements in freight transportation planning in order to--
`(A) better target investments in freight
transportation systems to maintain efficiency and
productivity; and
`(B) strengthen the decisionmaking capacity of
State transportation departments and local
transportation agencies with respect to freight
transportation planning and systems.
`(2) Agreements.--The Secretary shall enter into agreements
to support and carry out administrative and management
activities relating to the governance of the freight planning
capacity initiative.
`(3) Stakeholder involvement.--In carrying out this
section, the Secretary shall consult with the Association of
Metropolitan Planning Organizations, the American Association
of State Highway and Transportation Officials, and other
freight planning stakeholders, including the other Federal
agencies, State transportation departments, local governments,
nonprofit entities, academia, and the private sector.
`(4) Eligible activities.--The freight planning capacity
building initiative shall include research, training, and
education in the following areas:
`(A) The identification and dissemination of best
practices in freight transportation.
`(B) Providing opportunities for freight
transportation staff to engage in peer exchange.
`(C) Refinement of data and analysis tools used in
conjunction with assessing freight transportation
needs.
`(D) Technical assistance to State transportation
departments and local transportation agencies
reorganizing to address freight transportation issues.
`(E) Facilitating relationship building between
governmental and private entities involved in freight
transportation.
`(F) Identifying ways to target the capacity of
State transportation departments and local
transportation agencies to address freight
considerations in operations, security, asset
management, and environmental excellence in connection
with long-range multimodal transportation planning and
project implementation.
`(5) Funding.--
`(A) Federal share.--The Federal share of the cost
of an activity carried out under this section shall be
up to 100 percent, and such funds shall remain
available until expended.
`(B) Use of non-federal funds.--Funds made
available for the program established under this
subsection may be used for research, program
development, information collection and dissemination,
and technical assistance. The Secretary may use such
funds independently or make grants to, or enter into
contracts, cooperative agreements, and other
transactions with, a Federal agency, State agency,
local agency, Federally recognized Indian tribal
government or tribal consortium, authority,
association, nonprofit or for-profit corporation, or
institution of higher education, to carry out the
purposes of this subsection.'.
(b) Funding.--Of the amounts made available by section 5101(a)(2)
of this Act, $1,500,000 for fiscal year 2004 and $5,000,000 for each of
fiscal years 2005 through 2009 shall be available to carry out section
504(f) of title 23, United States Code.
(c) Technical Amendment.--Section 508(c)(3)(C) of such title is
amended by inserting `of title 31' after `1116'.
SEC. 5207. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM.
(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' (in this section referred to as `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.
(b) Eligible Activities.--The Secretary shall use funds made
available by section 5101(a)(1) to--
(1) provide funding to State departments of transportation
and metropolitan planning organizations serving transportation
management areas designated under chapter 52 of title 49,
United States Code, representing a diversity of populations,
geographic regions, and analytic needs to implement TRANSIMS;
(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
(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.
(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).
(d) Funding.--Of the amounts made available by section 5101(a)(1)
of this Act, $1,000,000 for fiscal year 2004 and $3,000,000 for each of
fiscal years 2005 through 2009 shall be available to carry out this
section.
SEC. 5208. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION RESEARCH
PROGRAM.
(a) In General.--Chapter 5 of title 23, United States Code, is
further amended by adding at the end the following:
`Sec. 509. National cooperative freight Transportation research program
`(a) Establishment.--The Secretary shall establish and support a
national cooperative freight transportation research program.
`(b) Agreement.--The Secretary shall enter into an agreement with
the National Academy of Sciences to support and carry out
administrative and management activities relating to the governance of
the national cooperative freight transportation research program.
`(c) Advisory Committee.--The National Academy of Sciences shall
select an advisory committee consisting of a representative cross-
section of freight stakeholders, including the Department of
Transportation, other Federal agencies, State transportation
departments, local governments, nonprofit entities, academia, and the
private sector.
`(d) Governance.--The national cooperative freight transportation
research program established under this section shall include the
following administrative and management elements:
`(1) National research agenda.--The advisory committee, in
consultation with interested parties, shall recommend a
national research agenda for the program. The agenda shall
include a multiyear strategic plan.
`(2) Involvement.--Interested parties may--
`(A) submit research proposals to the advisory
committee;
`(B) participate in merit reviews of research
proposals and peer reviews of research products; and
`(C) receive research results.
`(3) Open competition and peer review of research
proposals.--The National Academy of Sciences may award research
contracts and grants under the program through open competition
and merit review conducted on a regular basis.
`(4) Evaluation of research.--
`(A) Peer review.--Research contracts and grants
under the program may allow peer review of the research
results.
`(B) Programmatic evaluations.--The National
Academy of Sciences may conduct periodic programmatic
evaluations on a regular basis of research contracts
and grants.
`(5) Dissemination of research findings.--The National
Academy of Sciences shall disseminate research findings to
researchers, practitioners, and decisionmakers, through
conferences and seminars, field demonstrations, workshops,
training programs, presentations, testimony to government
officials, World Wide Web, publications for the general public,
and other appropriate means.
`(e) Contents.--The national research agenda required under
subsection (d)(1) shall include research in the following areas:
`(1) Techniques for estimating and quantifying public
benefits derived from freight transportation projects.
`(2) Alternative approaches to calculating the contribution
of truck and rail traffic to congestion on specific highway
segments.
`(3) The feasibility of consolidating origins and
destinations for freight movement.
`(4) Methods for incorporating estimates of international
trade into landside transportation planning.
`(5) The use of technology applications to increase
capacity of highway lanes dedicated to truck-only traffic.
`(6) Development of physical and policy alternatives for
separating car and truck traffic.
`(7) Ways to synchronize infrastructure improvements with
freight transportation demand.
`(8) The effect of changing patterns of freight movement on
transportation planning decisions relating to rest areas.
`(9) Other research areas to identify and address the
emerging and future research needs related to freight
transportation by all modes.
`(f) Funding.--
`(1) Federal share.--The Federal share of the cost of an
activity carried out under this section shall be up to 100
percent, and such funds shall remain available until expended.
`(2) Use of non-federal funds.--In addition to using funds
authorized for this section, the National Academy of Sciences
may seek and accept additional funding sources from public and
private entities capable of accepting funding from the
Department of Transportation, States, local governments,
nonprofit foundations, and the private sector.'.
(b) Conforming Amendment.--The analysis for such chapter is further
amended by adding at the end the following:
`509. National cooperative freight transportation research program.'.
(c) Funding.--Of the amounts made available by section 5101(a)(1)
of this Act, $1,500,000 for fiscal year 2004 and $4,000,000 for each of
fiscal years 2005 through 2009 shall be available to carry out section
509 of title 23, United States Code.
SEC. 5209. FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM.
(a) In General.--Chapter 5 of title 23, United States Code, is
further amended by adding at the end the following:
`Sec. 510. Future strategic highway research program
`(a) Establishment.--The Secretary, in consultation with the
American Association of State Highway and Transportation Officials,
shall establish and carry out, acting through the National Research
Council of the National Academy of Sciences, the future strategic
highway research program.
`(b) Cooperative Agreements.--The Secretary may make grants to, and
enter into cooperative agreements with, the American Association of
State Highway and Transportation Officials and the National Academy of
Sciences to carry out such activities under this subsection as the
Secretary determines are appropriate.
`(c) Period of Availability.--Funds made available to carry out
this section shall remain available for the fiscal year in which such
funds are made available and the 3 succeeding fiscal years.
`(d) Program Priorities.--
`(1) Program elements.--The program established under this
section shall be based on the National Research Council Special
Report 260, entitled ``Strategic Highway Research: Saving
Lives, Reducing Congestion, Improving Quality of Life'' and the
results of the detailed planning work subsequently carried out
in 2002 and 2003 to identify the research areas through
National Cooperative Research Program Project 20-58. The
research program shall include an analysis of the following:
`(A) Renewal of aging highway infrastructure with
minimal impact to users of the facilities.
`(B) Driving behavior and likely crash causal
factors to support improved countermeasures.
`(C) Reducing highway congestion due to
nonrecurring congestion.
`(D) Planning and designing new road capacity to
meet mobility, economic, environmental, and community
needs.
`(2) Dissemination of results.--The research results of the
program, expressed in terms of technologies, methodologies, and
other appropriate categorizations, shall be disseminated to
practicing engineers for their use, as soon as practicable.
`(e) Program Administration.--In carrying out the program under
this section, the National Research Council shall ensure, to the
maximum extent practicable, that--
`(1) projects and researchers are selected to conduct
research for the program on the basis of merit and open
solicitation of proposals and review by panels of appropriate
experts;
`(2) State department of transportation officials and other
stakeholders, as appropriate, are involved in the governance of
the program at the overall program level and technical level
through the use of expert panels and committees;
`(3) the Council acquires a qualified, permanent core staff
with the ability and expertise to manage the program and
multiyear budget; and
`(4) there is no duplication of research effort between the
program and any other research effort of the Department.
`(f) Report on Implementation of Results.--
`(1) Report.--The Transportation Research Board of the
National Research Council shall complete a report on the
strategies and administrative structure to be used for
implementation of the results of the future strategic highway
research program.
`(2) Components.--The report under paragraph (1) shall
include with respect to the program--
`(A) an identification of the most promising
results of research under the program (including the
persons most likely to use the results);
`(B) a discussion of potential incentives for,
impediments to, and methods of, implementing those
results;
`(C) an estimate of costs of implementation of
those results; and
`(D) recommendations on methods by which
implementation of those results should be conducted,
coordinated, and supported in future years, including a
discussion of the administrative structure and
organization best suited to carry out those
recommendations.
`(3) Consultation.--In developing the report, the
Transportation Research Board shall consult with a wide variety
of stakeholders, including--
`(A) the Federal Highway Administration;
`(B) the National Highway Traffic Safety
Administration; and
`(C) the American Association of State Highway and
Transportation Officials.
`(4) Submission.--Not later than February 1, 2009, the
report shall be submitted to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
`(h) Funding.--
`(1) Federal share.--The Federal share of the cost of an
activity carried out using amounts made available under a grant
or cooperative agreement under this section shall be 100
percent, and such funds shall remain available until expended.
`(2) Advance payments.--The Secretary may make advance
payments as necessary to carry out the program under this
section.'.
(b) Programmatic Evaluations.--Within 3 years after the first
research and development project grants, cooperative agreements, or
contracts are awarded under section 510 of title 23, United States
Code, the Comptroller General shall review the program under such
section, and recommend improvements. The review shall assess the degree
to which projects funded under such section have addressed the research
and development topics identified in the Transportation Research Board
Special Report 260, including identifying those topics which have not
yet been addressed.
(c) Conforming Amendment.--The analysis for chapter 5 of such title
is further amended by adding at the end the following:
`510. Future strategic highway research program.'.
(d) Funding.--Of the amounts made available by section 5101(a)(1)
of this Act, $17,000,000 for fiscal year 2004, $60,000,000 for fiscal
year 2005, and $63,000,000 for each of fiscal years 2006 through 2009,
shall be available to carry out section 510 of title 23, United States
Code.
SEC. 5210. TRANSPORTATION SAFETY INFORMATION MANAGEMENT SYSTEM PROJECT.
(a) In General.--The Secretary shall fund and carry out a project
to further the development of a comprehensive transportation safety
information management system (in this section referred to as `TSIMS').
(b) Purposes.--The purpose of the TSIMS project is to further the
development of a software application to provide for the collection,
integration, management, and dissemination of safety data from and for
use among State and local safety and transportation agencies, including
driver licensing, vehicle registration, emergency management system,
injury surveillance, roadway inventory, and motor carrier databases.
(c) Funding.--
(1) Federal contribution.--Of the amounts made available by
section 5101(a)(1) of this Act, $1,000,000 for fiscal year 2004
and $3,000,000 for fiscal year 2005 shall be available to carry
out the TSIMS project under this section.
(2) State contribution.--The sums authorized in paragraph
(1) are intended to supplement voluntary contributions to be
made by State departments of transportation and other State
safety and transportation agencies.
SEC. 5211. SURFACE TRANSPORTATION CONGESTION RELIEF SOLUTIONS RESEARCH
INITIATIVE.
(a) Establishment.--The Secretary, acting through the Federal
Highway Administration, shall establish a surface transportation
congestion solutions research initiative consisting of 2 independent
research programs described in subsections (b)(1) and (b)(2) and
designed to develop information to assist State transportation
departments and metropolitan planning organizations measure and address
surface transportation congestion problems.
(b) Surface Transportation Congestion Solutions Research Program.--
(1) Improved surface transportation congestion management
system measures.--The purposes of the first research program
established under this section shall be--
(A) to examine the effectiveness of surface
transportation congestion management systems since
enactment of the Intermodal Surface Transportation
Assistance Act of 1991 (Public Law 102-240);
(B) to identify best case examples of locally
designed reporting methods and incorporate such methods
in research on national models for developing and
recommending improved surface transportation congestion
measurement and reporting; and
(C) to incorporate such methods in the development
of national models and methods to monitor, measure, and
report surface transportation congestion information.
(2) Analytical techniques for action on surface
transportation congestion.--The purposes of the second research
program established under this section shall be--
(A) to analyze the effectiveness of procedures used
by State transportation departments and metropolitan
planning organizations to assess surface transportation
congestion problems and communicate those problems to
decisionmakers; and
(B) to identify methods to ensure that the results
of surface transportation congestion analyses will lead
to the targeting of funding for programs, projects, or
services with demonstrated effectiveness in reducing
travel delay, congestion, and system unreliability.
(c) Technical Assistance and Training.--In fiscal year 2006, the
Secretary, acting through the Federal Highway Administration, shall
develop a technical assistance and training program to disseminate the
results of the surface transportation congestion solutions research
initiative for the purpose of assisting State transportation
departments and local transportation agencies with improving their
approaches to surface transportation congestion measurement, analysis,
and project programming.
(d) Funding.--Of the amounts made available by sections 5101(a)(1)
of this Act, $4,000,000 for fiscal year 2004 and $11,000,000 for each
of fiscal years 2005 through 2009 shall be available to carry out
subsections (a) and (b). Of the amounts made available by section
5101(a)(2), $500,000 for fiscal year 2004 and $1,000,000 for each of
fiscal years 2005 through 2009 shall be available to carry out
subsection (c).
SEC. 5212. MOTOR CARRIER EFFICIENCY STUDY.
(a) In General.--The Secretary, in coordination with the motor
carrier and wireless technology industry, shall conduct a study to--
(1) identify inefficiencies in the transportation of
freight;
(2) evaluate the safety, productivity, and reduced cost
improvements that may be achieved through the use of wireless
technologies to address the inefficiencies identified in
paragraph (1); and
(3) conduct, as appropriate, field tests demonstrating the
technologies identified in paragraph (2).
(b) Program Elements.--The program shall include, at a minimum, the
following:
(1) Fuel monitoring and management systems.
(2) Electronic document imaging.
(3) Border pre-clearance systems.
(4) Radio Frequency Identification technology.
(5) Electronic manifest systems.
(6) Cargo theft prevention.
(c) Federal Share.--The Federal share of the cost of the study
under this section shall be 100 percent.
(d) Annual Report.--The Secretary shall prepare and transmit to
Congress an annual report on the programs and activities carried out
under this section.
(e) Funding.--From funds made available under section 5101(a)(1),
the Secretary shall make available $1,000,000 to the Federal Motor
Carrier Safety Administration for each of fiscal years 2005 through
2009 to carry out this section.
SEC. 5213. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING.
(a) Amendment.--Section 508 of title 23, United States Code, is
amended to read as follows:
`Sec. 508. Transportation research and development strategic planning
`(a) In General.--
`(1) Development.--Not later than 1 year after the date of
enactment of the Transportation Equity Act: A Legacy for Users,
the Secretary shall develop a 5-year transportation research
and development strategic plan to guide Federal transportation
research and development activities. This plan shall be
consistent with section 306 of title 5, sections 1115 and 1116
of title 31, and any other research and development plan within
the Department of Transportation.
`(2) Contents.--The strategic plan developed under
paragraph (1) shall--
`(A) describe the primary purposes of the
transportation research and development program, which
shall include, at a minimum--
`(i) reducing congestion and improving
mobility;
`(ii) promoting safety;
`(iii) promoting security;
`(iv) protecting and enhancing the
environment;
`(v) preserving the existing transportation
system; and
`(vi) improving the durability and
extending the life of transportation
infrastructure;
`(B) for each purpose, list the primary research
and development topics that the Department intends to
pursue to accomplish that purpose, which may include
the fundamental research in the physical and natural
sciences, applied research, technology development, and
social science research intended for each topic; and
`(C) for each research and development topic,
describe--
`(i) the anticipated annual funding levels
for the period covered by the strategic plan;
and
`(ii) the additional information the
Department expects to gain at the end of the
period covered by the strategic plan as a
result of the research and development in that
topic area.
`(3) Considerations.--In developing the strategic plan, the
Secretary shall ensure that the plan--
`(A) reflects input from a wide range of
stakeholders;
`(B) includes and integrates the research and
development programs of all the Department's operating
administrations, including aviation, transit, rail, and
maritime; and
`(C) takes into account how research and
development by other Federal, State, private sector,
and not-for-profit institutions contributes to the
achievement of the purposes identified under paragraph
(2)(A), and avoids unnecessary duplication with these
efforts.
`(4) Performance plans and reports.--In reports submitted
under sections 1115 and 1116 of title 31, the Secretary shall
include--
`(A) a summary of the Federal transportation
research and development activities for the previous
fiscal year in each topic area;
`(B) the amount of funding spent in each topic
area;
`(C) a description of the extent to which the
research and development is meeting the expectations
set forth in paragraph (2)(C)(ii); and
`(D) any amendments to the strategic plan.
`(b) The Secretary shall submit to Congress an annual report, along
with the President's annual budget request, describing the amount spent
in the last completed fiscal year on transportation research and
development and the amount proposed in the current budget for
transportation research and development.
`(c) National Research Council Review.--The Secretary shall enter
into an agreement for the review by the National Research Council of
the details of each--
`(1) strategic plan under section 508;
`(2) performance plan required under section 1115 of title
31; and
`(3) program performance report required under section 1116
of title 31,
with respect to transportation research and development.'.
(b) Conforming Amendment.--The analysis for chapter 5 of such title
is amended by striking the item related to section 508 and inserting
the following:
`508. Transportation research and development strategic planning.'.
SEC. 5214. LIMITATION ON REMEDIES FOR FUTURE STRATEGIC HIGHWAY RESEARCH
PROGRAM.
Section 510 of title 23, United States Code, as added by section
5209 of this Act, is amended by inserting after subsection (f) the
following:
`(g) Limitation of Remedies.--
`(1) Same remedy as if united states.--The remedy against
the United States provided by sections 1346(b) and 2672 of
title 28 for injury, loss of property, personal injury, or
death shall apply to any claim against the National Academy of
Sciences for money damages for injury, loss of property,
personal injury, or death caused by any negligent or wrongful
act or omission by employees and individuals described in
paragraph (3) arising from activities conducted under or in
connection with this section. Any such claim shall be subject
to the limitations and exceptions which would be applicable to
such claim if such claim were against the United States. With
respect to any such claim, the Secretary shall be treated as
the head of the appropriate Federal agency for purposes of
sections 2672 and 2675 of title 28.
`(2) Exclusiveness of remedy.--The remedy referred to in
paragraph (1) shall be exclusive of any other civil action or
proceeding for the purpose of determining liability arising
from any such act or omission without regard to when the act or
omission occurred.
`(3) Treatment.--Employees of the National Academy of
Sciences and other individuals appointed by the president of
the National Academy of Sciences and acting on its behalf in
connection with activities carried out under this section shall
be treated as if they are employees of the Federal Government
under section 2671 of title 28 for purposes of a civil action
or proceeding with respect to a claim described in paragraph
(1). The civil action or proceeding shall proceed in the same
manner as any proceeding under chapter 171 of title 28 or
action against the United States filed pursuant to section
1346(b) of title 28 and shall be subject to the limitations and
exceptions applicable to such a proceeding or action.
`(4) Sources of payments.--Payment of any award,
compromise, or settlement of a civil action or proceeding with
respect to a claim described in paragraph (1) shall be paid
first out of insurance maintained by the National Academy of
Sciences, second from funds made available to carry out this
section, and then from sums made available under section 1304
of title 31. For purposes of such section, such an award,
compromise, or settlement shall be deemed to be a judgment,
award, or settlement payable under section 2414 or 2672 of
title 28. The Secretary may establish a reserve of funds made
available to carry out this section for making payments under
this paragraph.'.
Subtitle C--University Transportation Research; Scholarship
Opportunities
SEC. 5301. NATIONAL UNIVERSITY TRANSPORTATION CENTERS.
(a) In General.--Section 5505 of title 49, United States Code, is
amended to read as follows:
`Sec. 5505. National university Transportation centers
`(a) In General.--
`(1) Establishment and operation.--The Secretary of
Transportation shall make grants under this section to eligible
nonprofit institutions of higher learning to establish and
operate national university transportation centers.
`(2) Role of centers.--The role of each center shall be to
advance significantly transportation research on critical
national transportation issues and to expand the workforce of
transportation professionals.
`(b) Applicability of Requirements.--A grant received by an
eligible nonprofit institution of higher learning under this section
shall be available for the same purposes, and shall be subject to the
same terms and conditions, as a grant made to a nonprofit institution
of higher learning under section 5506.
`(c) Eligible Nonprofit Institution of Higher Learning Defined.--In
this section, the term ``eligible nonprofit institution of higher
learning'' means each of the lead institutions identified in
subsections (j)(4)(A), (j)(4)(B), and (j)(4)(F) of section 5505 as in
effect on the day before the date of enactment of the Transportation
Equity Act: A Legacy for Users, the university referred to in section
704 of Public Law 103-206 (107 Stat. 2447), and the university that, as
of the day before such date of enactment, is the lead institution for
the regional university transportation center for region 5 of the
Standard Federal Regional Boundary System.
`(d) Grants.--In each of fiscal years 2004 through 2009, the
Secretary shall make a grant under this section to each eligible
nonprofit institution of higher learning in an amount not to exceed
$3,500,000.'.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
55 of such title is amended by striking the item relating to section
5505 and inserting the following:
`5505. National university transportation centers.'.
SEC. 5302. UNIVERSITY TRANSPORTATION RESEARCH.
(a) In General.--Section 5506 of title 49, United States Code, is
amended to read as follows:
`Sec. 5506. University Transportation research
`(a) In General.--The Secretary of Transportation shall make grants
under this section to nonprofit institutions of higher learning to
establish and operate university transportation centers.
`(b) Objectives.--Grants received under this section shall be used
by nonprofit institutions of higher learning to advance significantly
the state-of-the-art in transportation research and expand the
workforce of transportation professionals through the following
programs and activities:
`(1) Research.--Basic and applied research, the products of
which are judged by peers or other experts in the field of
transportation to advance the body of knowledge in
transportation.
`(2) Education.--An education program relating to
transportation that includes multidisciplinary course work and
participation in research.
`(3) Technology transfer.--An ongoing program of technology
transfer that makes transportation research results available
to potential users in a form that can be implemented, utilized,
or otherwise applied.
`(c) Regional, Tier I, and Tier II Centers.--
`(1) In general.--For each of fiscal years 2004 through
2009, the Secretary shall make grants under subsection (a) to
nonprofit institutions of higher learning to establish and
operate--
`(A) 10 regional university transportation centers;
and
`(B) 10 Tier I university transportation centers.
`(2) Tier ii centers.--For each of fiscal years 2005
through 2009, the Secretary shall make grants under subsection
(a) to nonprofit institutions of higher learning to establish
and operate 10 Tier II university transportation centers.
`(3) Location of regional centers.--One regional university
transportation center shall be located in each of the 10 United
States Government regions that comprise the Standard Federal
Regional Boundary System.
`(4) Limitation.--A nonprofit institution of higher
learning may not directly receive a grant under this section
for a fiscal year for more than one university transportation
center.
`(d) Competitive Selection Process.--
`(1) Applications.--In order to be eligible to receive a
grant under this section, a nonprofit institution of higher
learning shall submit to the Secretary an application that is
in such form and contains such information as the Secretary may
require.
`(2) General selection criteria.--Except as otherwise
provided by this section, the Secretary shall select each
recipient of a grant under this section through a competitive
process on the basis of the following:
`(A) The demonstrated research and extension
resources available to the recipient to carry out this
section.
`(B) The capability of the recipient to provide
leadership in making national and regional
contributions to the solution of immediate and long-
range transportation problems.
`(C) The recipient's demonstrated commitment of at
least $400,000 each year in regularly budgeted
institutional amounts to support ongoing transportation
research and education programs.
`(D) The recipient's demonstrated ability to
disseminate results of transportation research and
education programs through a statewide or regionwide
continuing education program.
`(E) The strategic plan the recipient proposes to
carry out under the grant.
`(e) Regional University Transportation Centers.--
`(1) Competition.--Not later than August 31, 2005, and not
later than March 31st of every 4th year thereafter, the
Secretary shall complete a competition among nonprofit
institutions of higher learning for grants to establish and
operate the 10 regional university transportation centers
referred to in subsection (c)(1)(A).
`(2) Selection criteria.--In conducting a competition under
paragraph (1), the Secretary shall select a nonprofit
institution of higher learning on the basis of--
`(A) the criteria described in subsection (d)(2);
`(B) the location of the center within the Federal
region to be served; and
`(C) whether or not the institution (or, in the
case of a consortium of institutions, the lead
institution) can demonstrate that it has a well-
established, nationally recognized program in
transportation research and education, as evidenced
by--
`(i) not less than $2,000,000 in highway or
public transportation research expenditures
each year for each of the preceding 5 years;
`(ii) not less than 10 graduate degrees
awarded in professional fields closely related
to highways and public transportation for year
for each of the preceding 5 years; and
`(iii) not less than 5 tenured or tenure-
track faculty members who specialize on a full-
time basis in professional fields closely
related to highways and public transportation
who, as a group, have published a total at
least 50 refereed journal publications on
highway or public transportation research
during the preceding 5 years.
`(3) Grant recipients.--After selecting a nonprofit
institution of higher learning as a grant recipient on the
basis of a competition conducted under this subsection, the
Secretary shall make a grant to the recipient to establish and
operate a regional university transportation center in each of
the first 4 fiscal years beginning after the date of the
competition.
`(4) Special rule for fiscal years 2004 and 2005.--For each
of fiscal years 2004 and 2005, the Secretary shall make a grant
under this section to each of the 10 nonprofit institutions of
higher learning that were competitively selected for grants by
the Secretary under this section in July 1999 to operate
regional university transportation centers.
`(5) Amount of grants.--For each of fiscal years 2004
through 2009, a grant made by the Secretary to a nonprofit
institution of higher learning for a fiscal year to establish
and operate a regional university transportation center shall
not exceed $3,500,000.
`(f) Tier I University Transportation Centers.--
`(1) Competition.--Not later than March 31, 2006, and not
later than March 31st of every 4th year thereafter, the
Secretary shall complete a competition among nonprofit
institutions of higher learning for grants to establish and
operate the 10 Tier I university transportation centers
referred to in subsection (c)(1)(B).
`(2) Selection criteria.--In conducting a competition under
paragraph (1), the Secretary shall select a nonprofit
institution of higher learning on the basis of--
`(A) the criteria described in subsection (d)(2);
and
`(B) whether or not the institution (or, in the
case of a consortium of institutions, the lead
institution) can demonstrate that it has an
established, recognized program in transportation
research and education, as evidenced by--
`(i) not less than $1,000,000 in highway or
public transportation research expenditures
each year for each of the preceding 5 years or
not less than $6,000,000 in such expenditures
during the 5 preceding years;
`(ii) not less than 5 graduate degrees
awarded in professional fields closely related
to highways and public transportation each year
for each of the preceding 5 years; and
`(iii) not less than 3 tenured or tenure-
track faculty members who specialize on a full-
time basis in professional fields closely
related to highways and public transportation
who, as a group, have published a total at
least 20 refereed journal publications on
highway or public transportation research
during the preceding 5 years.
`(3) Grant recipients.--After selecting a nonprofit
institution of higher learning as a grant recipient on the
basis of a competition conducted under this subsection, the
Secretary shall make a grant to the recipient to establish and
operate a Tier I university transportation center in each of
the first 4 fiscal years beginning after the date of the
competition.
`(4) Special rule for fiscal years 2004, 2005, and 2006.--
For each of fiscal years 2004, 2005, and 2006, the Secretary
shall make a grant under this section to each of the 10
nonprofit institutions of higher learning that were
competitively selected for grant awards by the Secretary under
this section in May 2002 to operate university transportation
centers (other than regional centers).
`(5) Amount of grants.--A grant made by the Secretary to a
nonprofit institution of higher learning for a fiscal year to
establish and operate a Tier I university transportation center
shall not exceed $1,000,000 for fiscal year 2004 and $1,500,000
for each of fiscal years 2005 through 2009.
`(g) Tier II University Transportation Centers.--
`(1) Competition.--Not later than 60 days after the date of
enactment of the Transportation Equity Act: A Legacy for Users,
not later than March 31, 2008, and not later than March 31st of
every 4th year thereafter, the Secretary shall complete a
competition among nonprofit institutions of higher learning for
grants to establish and operate the 10 Tier II university
transportation centers referred to in subsection (c)(2).
`(2) Selection criteria.--In conducting a competition under
paragraph (1), the Secretary shall select a nonprofit
institution of higher learning on the basis of the criteria
described in subsection (f)(2).
`(3) Grant recipients.--After selecting a nonprofit
institution of higher learning as a grant recipient on the
basis of a competition conducted under this subsection, the
Secretary shall--
`(A) in the case of the competition to be completed
not later than 60 days after the date of enactment of
the Transportation Equity Act: A Legacy for Users, make
a grant to the recipient to establish and operate a
Tier II university transportation center in each of
fiscal years 2005 through 2008; and
`(B) in the case of each subsequent competition,
make a grant to the recipient to establish and operate
a Tier II university transportation center in each of
the first 4 fiscal years beginning after the date of
the competition.
`(4) Amount of grants.--For each of fiscal years 2005
through 2009, a grant made by the Secretary to a nonprofit
institution of higher learning for a fiscal year to establish
and operate a Tier II university transportation center shall
not exceed $1,000,000.
`(h) Support of National Strategy for Surface Transportation
Research.--In order to be eligible to receive a grant under this
section, a nonprofit institution of higher learning shall provide
assurances satisfactory to the Secretary that the research and
education activities of its university transportation center will
support the national strategy for surface transportation research, as
identified by--
`(1) the report of the National Highway Research and
Technology Partnership entitled ``Highway Research and
Technology: The Need for Greater Investment'', dated April
2002; and
`(2) the programs of the National Research and Technology
Program of the Federal Transit Administration.
`(i) Maintenance of Effort.--In order to be eligible to receive a
grant under this section, a nonprofit institution of higher learning
shall enter into an agreement with the Secretary to ensure that the
institution will maintain total expenditures from all other sources to
establish and operate a university transportation center and related
research activities at a level at least equal to the average level of
such expenditures in its 2 fiscal years prior to award of a grant under
this section.
`(j) Federal Share.--The Federal share of the costs of activities
carried out using a grant made under this section shall be 50 percent
of such costs. The non-Federal share may include funds provided to a
recipient under section 503, 504(b), or 505 of title 23.
`(k) Program Coordination.--
`(1) Coordination.--The Secretary shall coordinate the
research, education, and technology transfer activities that
grant recipients carry out under this section, disseminate the
results of the research, and establish and operate a
clearinghouse to disseminate the results of the research.
`(2) Annual review and evaluation.--At least annually, and
consistent with the plan developed under section 508 of title
23, the Secretary shall review and evaluate programs of grant
recipients.
`(3) Management and oversight.--The Secretary shall expend
$1,500,000 for each of fiscal years 2005 through 2009 from
amounts made available to carry out this section to carry out
management and oversight of the centers receiving assistance
under this section.
`(l) Program Administration.--The Secretary shall carry out this
section acting through the Administrator of the Research and Innovative
Technology Administration.
`(m) Limitation on Availability of Funds.--Funds made available to
carry out this section shall remain available for obligation by the
Secretary for a period of 2 years after the last day of the fiscal year
for which such funds are authorized.'.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
55 of such title is amended by striking the item relating to section
5506 and inserting the following:
`5506. University transportation research.'.
SEC. 5303. TRANSPORTATION SCHOLARSHIP OPPORTUNITIES PROGRAM.
(a) In General.--
(1) Establishment of program.--The Secretary may establish
and implement a scholarship program for the purpose of
attracting qualified students for transportation-related
critical jobs.
(2) Partnership.--The Secretary may establish the program
in partnership with appropriate nongovernmental institutions.
(b) Participation and Funding.--An operating administration of the
Department of Transportation and the Office of Inspector General may
participate in the scholarship program. Notwithstanding any other
provision of law, the Secretary may use funds available to an operating
administration or from the Office of Inspector General of the
Department of Transportation for the purpose of carrying out this
section.
Subtitle D--Advanced Technologies
SEC. 5401. ADVANCED HEAVY-DUTY VEHICLE TECHNOLOGIES RESEARCH PROGRAM.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is amended by adding at the end the following:
`Sec. 5507. Advanced heavy-duty vehicle technologies research program
`(a) In General.--The Secretary of Transportation shall conduct
research, development, demonstration, and testing to integrate emerging
advanced heavy-duty vehicle technologies in order to provide seamless,
safe, secure, and efficient transportation and to benefit the
environment.
`(b) Consultation.--To ensure the activities performed pursuant to
this section achieve the maximum benefit, the Secretary of
Transportation shall consult with the Secretary of Energy, the
Administrator of the Environmental Protection Agency, and other
relevant Federal agencies on research, development, and demonstration
activities authorized under this section related to advanced heavy-duty
vehicle technologies.
`(c) Grants, Cooperative Agreements, and Other Transactions.--The
Secretary may make grants to, and enter into cooperative agreements and
other transactions with, Federal and other public agencies (including
State and local governments) and persons to carry out subsection (a).
`(d) Cost Sharing.--At least 50 percent of the funding for projects
carried out under this section must be provided by non-Federal sources.
`(e) Authorization of Appropriations.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) to carry out subsection (a) $1,000,000 for fiscal year 2004
and $3,000,000 for each of fiscal years 2005 through 2009.
`(f) Contract Authority.--The funds authorized to be appropriated
by subsection (e) shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23 and shall
be subject to any limitation on obligations imposed on funds made
available to carry out title V of the Transportation Equity Act: A
Legacy for Users.'.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
55 of such title is amended by adding at the end the following:
`5507. Advanced heavy-duty vehicle technologies research program.'.
SEC. 5402. COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL INFORMATION
TECHNOLOGIES.
(a) In General.--The Secretary shall establish and carry out a
program to validate commercial remote sensing products and spatial
information technologies for application to national transportation
infrastructure development and construction.
(b) Program.--
(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.
(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 paragraph (1).
(c) Cooperation.--The Secretary shall carry out this section in
cooperation with the commercial remote sensing program of the National
Aeronautics and Space Administration and a consortium of university
research centers.
(d) Funding.--Of the amounts made available by section 5101(a)(1)
of this Act, $3,000,000 for fiscal year 2004 and $9,000,000 for each of
fiscal years 2005 through 2009 shall be available to carry out this
section.
Subtitle E--Transportation Data and Analysis
SEC. 5501. BUREAU OF TRANSPORTATION STATISTICS.
Section 111 of title 49, United States Code, is amended to read as
follows:
`Sec. 111. Bureau of Transportation Statistics
`(a) Establishment.--There is established in the Research and
Innovative Technology Administration a Bureau of Transportation
Statistics.
`(b) Director.--
`(1) Appointment.--The Bureau shall be headed by a Director
who shall be appointed in the competitive service by the
Secretary.
`(2) Qualifications.--The Director shall be appointed from
among individuals who are qualified to serve as the Director by
virtue of their training and experience in the collection,
analysis, and use of transportation statistics.
`(c) Responsibilities.--The Director of the Bureau shall serve as
the Secretary's senior advisor on data and statistics, and shall be
responsible for carrying out the following duties:
`(1) Providing data, statistics, and analysis to
transportation decisionmakers.--Ensuring that the statistics
compiled under paragraph (5) are designed to support
transportation decisionmaking by the Federal Government, State
and local governments, metropolitan planning organizations,
transportation-related associations, the private sector
(including the freight community), and the public.
`(2) Coordinating collection of information.--Working 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.
`(3) Data modernization.--Continually improving surveys and
data collection methods to improve the accuracy and utility of
transportation statistics.
`(4) Encouraging data standardization.--Encouraging the
standardization of data, data collection methods, and data
management and storage technologies for data collected by the
Bureau, the operating administrations of the Department of
Transportation, States, local governments, metropolitan
planning organizations, and private sector entities.
`(5) Compiling transportation statistics.--Compiling,
analyzing, and publishing a comprehensive set of transportation
statistics on the performance and impacts of the national
transportation system, including statistics on--
`(A) productivity in various parts of the
transportation sector;
`(B) traffic flows for all modes of transportation;
`(C) other elements of the Intermodal
Transportation Database established under subsection
(g);
`(D) travel times and measures of congestion;
`(E) vehicle weights and other vehicle
characteristics;
`(F) demographic, economic, and other variables
influencing traveling behavior, including choice of
transportation mode, and goods movement;
`(G) transportation costs for passenger travel and
goods movement;
`(H) availability and use of mass transit
(including the number of passengers served by each mass
transit authority) and other forms of for-hire
passenger travel;
`(I) frequency of vehicle and transportation
facility repairs and other interruptions of
transportation service;
`(J) safety and security for travelers, vehicles,
and transportation systems;
`(K) consequences of transportation for the human
and natural environment;
`(L) the extent, connectivity, and condition of the
transportation system, building on the National
Transportation Atlas Database developed under
subsection (g); and
`(M) transportation-related variables that
influence the domestic economy and global
competitiveness.
`(6) National spatial data infrastructure.--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.
`(7) Issuing guidelines.--Issuing guidelines for the
collection of information by the Department of Transportation
required for statistics to be compiled under paragraph (5) in
order to ensure that such information is accurate, reliable,
relevant, and in a form that permits systematic analysis. The
Bureau shall review and report to the Secretary of
Transportation on the sources and reliability of the statistics
proposed by the heads of the operating administrations of the
Department to measure outputs and outcomes as required by the
Government Performance and Results Act of 1993, and the
amendments made by such Act, and shall carry out such other
reviews of the sources and reliability of other data collected
or statistical information published by the heads of the
operating administrations of the Department as shall be
requested by the Secretary.
`(8) Making statistics accessible.--Making the statistics
published under this subsection readily accessible.
`(d) Information Needs Assessment.--
`(1) In general.--Within 60 days after the date of the
enactment of the Transportation Equity Act: A Legacy for Users,
the Secretary shall enter into an arrangement with the National
Research Council to develop and publish a National
Transportation Information Needs Assessment (referred to in
this subsection as the ``Assessment''). The Assessment shall be
transmitted to the Secretary and the Congress not later than 24
months after such arrangement is entered into.
`(2) Content.--The Assessment shall--
`(A) identify, in priority order, transportation
data that is not being collected by the Bureau,
Department of Transportation operating administrations,
or other Federal, State, or local entities, but is
needed to improve transportation decisionmaking at the
Federal, State, and local level and to fulfill the
requirements of subsection (c)(5);
`(B) recommend whether the data identified in
subparagraph (A) should be collected by the Bureau,
other parts of the Department, or by other Federal,
State, or local entities, and whether any data is a
higher priority than data currently being collected;
`(C) identify any data the Bureau or other Federal,
State, and local entities is collecting that is not
needed;
`(D) describe new data collection methods
(including changes in surveys) and other changes the
Bureau or other Federal, State, and local entities
should implement to improve the standardization,
accuracy, and utility of transportation data and
statistics; and
`(E) estimate the cost of implementing any
recommendations.
`(3) Consultation.--In developing the Assessment, the
National Research Council shall consult with the Department's
Advisory Council on Transportation Statistics and a
representative cross-section of transportation community
stakeholders as well as other Federal agencies, including the
Environmental Protection Agency, the Department of Energy, and
the Department of Housing and Urban Development.
`(4) Report to congress.--Not later than 6 months after the
National Research Council transmits the Assessment under
paragraph (1), the Secretary shall transmit a report to
Congress that describes--
`(A) how the Department plans to fill the data gaps
identified under paragraph (2)(A);
`(B) how the Department plans to stop collecting
data identified under paragraph (2)(C);
`(C) how the Department plans to implement improved
data collection methods and other changes identified
under paragraph (2)(D);
`(D) the expected costs of implementing
subparagraphs (A), (B), and (C) of this paragraph;
`(E) any findings of the Assessment under paragraph
(1) with which the Secretary disagrees, and why; and
`(F) any proposed statutory changes needed to
implement the findings of the Assessment under
paragraph (1).
`(e) Intermodal Transportation Data Base.--
`(1) In general.--In consultation with the Under Secretary
for Policy, the Assistant Secretaries, and the heads of the
operating administrations of the Department of Transportation,
the Director shall establish and maintain a transportation data
base for all modes of transportation.
`(2) Use.--The data base shall be suitable for analyses
carried out by the Federal Government, the States, and
metropolitan planning organizations.
`(3) Contents.--The data base shall include--
`(A) information on the volumes and patterns of
movement of goods, including local, interregional, and
international movement, by all modes of transportation
and intermodal combinations, and by relevant
classification;
`(B) information on the volumes and patterns of
movement of people, including local, interregional, and
international movements, by all modes of transportation
(including bicycle and pedestrian modes) and intermodal
combinations, and by relevant classification;
`(C) information on the location and connectivity
of transportation facilities and services; and
`(D) a national accounting of expenditures and
capital stocks on each mode of transportation and
intermodal combination.
`(f) National Transportation Library.--
`(1) In general.--The Director shall establish and maintain
a National Transportation Library, which shall contain a
collection of statistical and other information needed for
transportation decisionmaking at the Federal, State, and local
levels.
`(2) Access.--The Director shall facilitate and promote
access to the Library, with the goal of improving the ability
of the transportation community to share information and the
ability of the Director to make statistics readily accessible
under subsection (c)(8).
`(3) Coordination.--The Director shall work with other
transportation libraries and other transportation information
providers, both public and private, to achieve the goal
specified in paragraph (2).
`(g) National Transportation Atlas Data Base.--
`(1) In general.--The Director shall develop and maintain
geospatial data bases that depict--
`(A) transportation networks;
`(B) flows of people, goods, vehicles, and craft
over the networks; and
`(C) social, economic, and environmental conditions
that affect or are affected by the networks.
`(2) Intermodal network analysis.--The data bases shall be
able to support intermodal network analysis.
`(h) Mandatory Response Authority for Freight Data Collection.--
Whoever, being the owner, official, agent, person in charge, or
assistant to the person in charge of any corporation, company,
business, institution, establishment, or organization of any nature
whatsoever, neglects or refuses, when requested by the Director or
other authorized officer, employee, or contractor of the Bureau, to
answer completely and correctly to the best of his or her knowledge all
questions relating to the corporation, company, business, institution,
establishment, or other organization, or to make available records or
statistics in his or her official custody, contained in a data
collection request prepared and submitted under the authority of
subsection (c)(1), shall be fined not more than $500; but if he or she
willfully gives a false answer to such a question, he or she shall be
fined not more than $10,000.
`(i) Research and Development Grants.--The Secretary may make
grants to, or enter into cooperative agreements or contracts with,
public and nonprofit private entities (including State transportation
departments, metropolitan planning organizations, and institutions of
higher education) for--
`(1) investigation of the subjects specified in subsection
(c)(5) and research and development of new methods of data
collection, standardization, management, integration,
dissemination, interpretation, and analysis;
`(2) demonstration programs by States, local governments,
and metropolitan planning organizations to harmonize data
collection, reporting, management, storage, and archiving to
simplify data comparisons across jurisdictions;
`(3) development of electronic clearinghouses of
transportation data and related information, as part of the
National Transportation Library under subsection (f); and
`(4) development and improvement of methods for sharing
geographic data, in support of the national transportation
atlas data base under subsection (g) and the National Spatial
Data Infrastructure developed under Executive Order No. 12906.
`(j) Limitations on Statutory Construction.--Nothing in this
section shall be construed--
`(1) to authorize the Bureau to require any other
department or agency to collect data; or
`(2) to reduce the authority of any other officer of the
Department of Transportation to collect and disseminate data
independently.
`(k) Prohibition on Certain Disclosures.--
`(1) In general.--An officer, employee or contractor of the
Bureau may not--
`(A) make any disclosure in which the data provided
by an individual or organization under subsection (c)
can be identified;
`(B) use the information provided under subsection
(c) for a nonstatistical purpose; or
`(C) permit anyone other than an individual
authorized by the Director to examine any individual
report provided under subsection (c).
`(3) Informing respondent of use of data.--In a case in
which the Bureau is authorized by statute to collect data or
information for a nonstatistical purpose, the Director shall
clearly distinguish the collection of the data or information,
by rule and on the collection instrument, so as to inform a
respondent that is requested or required to supply the data or
information of the nonstatistical purpose.
`(l) Transportation Statistics Annual Report.--The Director shall
transmit to the President and Congress a Transportation Statistics
Annual Report which shall include information on items referred to in
subsection (c)(5), documentation of methods used to obtain and ensure
the quality of the statistics presented in the report, and
recommendations for improving transportation statistical information.
`(m) Data Access.--The Director shall have access to transportation
and transportation-related information in the possession of any Federal
agency except information--
`(1) the disclosure of which to another Federal agency is
expressly prohibited by law; or
`(2) the disclosure of which the agency so requested
determines would significantly impair the discharge of
authorities and responsibilities which have been delegated to,
or vested by law, in such agency.
`(n) Proceeds of Data Product Sales.--Notwithstanding section 3302
of title 31, funds received by the Bureau from the sale of data
products, for necessary expenses incurred, may be credited to the
Highway Trust Fund (other than the Mass Transit Account) for the
purpose of reimbursing the Bureau for the expenses.
`(o) Advisory Council on Transportation Statistics.--
`(1) Establishment.--The Director of the Bureau of
Transportation Statistics shall establish an Advisory Council
on Transportation Statistics.
`(2) Function.--It shall be the function of the Advisory
Council established under this subsection to--
`(A) advise the Director of the Bureau of
Transportation Statistics on the quality, reliability,
consistency, objectivity, and relevance of
transportation statistics and analyses collected,
supported, or disseminated by the Bureau of
Transportation Statistics and the Department of
Transportation;
`(B) provide input to and review the report to
Congress under subsection (d)(4); and
`(C) advise the Director on methods to encourage
harmonization and interoperability of transportation
data collected by the Bureau, the operating
administrations of the Department of Transportation,
States, local governments, metropolitan planning
organizations, and private sector entities.
`(3) Membership.--The Advisory Council established under
this subsection shall be composed of not fewer than 9 and not
more than 11 members appointed by the Director, who are not
officers or employees of the United States. Each member shall
have expertise in transportation data collection or analysis or
application; except that 1 member shall have expertise in
economics, 1 member shall have expertise in statistics, and 1
member shall have experience in transportation safety. At least
1 member shall be a senior official of a State department of
transportation. Members shall include representation of a
cross-section of transportation community stakeholders.
`(4) Terms of appointment.--(A) Except as provided in
subparagraph (B), members shall be appointed to staggered terms
not to exceed 3 years. A member may be renominated for one
additional 3-year term.
`(B) Members serving on the Advisory Council on
Transportation Statistics as of the date of enactment of the
Transportation Equity Act: A Legacy for Users shall serve until
the end of their appointed terms.
`(5) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act shall apply to the Advisory
Council established under this subsection, except that section
14 of such Act shall not apply to such Advisory Council.'.
SEC. 5502. REPORTS OF BUREAU OF TRANSPORTATION STATISTICS.
Section 111(k) of title 49, United States Code, as amended by
section 5501 of this Act, is amended by inserting after paragraph (1)
the following:
`(2) Copies of reports.--
`(A) In general.--No department, bureau, agency,
officer, or employee of the United States (except the
Director in carrying out this section) may require, for
any reason, a copy of any report that has been filed
under subsection (c) with the Bureau or retained by an
individual respondent.
`(B) Limitation on judicial proceedings.--A copy of
a report described in subparagraph (A) that has been
retained by an individual respondent or filed with the
Bureau or any of its employees, contractors, or
agents--
`(i) shall be immune from legal process;
and
`(ii) shall not, without the consent of the
individual concerned, be admitted as evidence
or used for any purpose in any action, suit, or
other judicial or administrative proceedings.
`(C) Applicability.--This paragraph shall apply
only to reports that permit information concerning an
individual or organization to be reasonably determined
by direct or indirect means.'.
Subtitle F--Intelligent Transportation Systems Research
SEC. 5601. SHORT TITLE.
This subtitle may be cited as the `Intelligent Transportation
Systems Act of 2005'.
SEC. 5602. GOALS AND PURPOSES.
(a) Goals.--The goals of the intelligent transportation system
program include--
(1) enhancement of surface transportation efficiency and
facilitation of intermodalism and international trade to enable
existing facilities to meet a significant portion of future
transportation needs, including public access to employment,
goods, and services and to reduce regulatory, financial, and
other transaction costs to public agencies and system users;
(2) achievement of national transportation safety goals,
including the enhancement of safe operation of motor vehicles
and nonmotorized vehicles as well as improved emergency
response to a crash, with particular emphasis on decreasing the
number and severity of collisions;
(3) protection and enhancement of the natural environment
and communities affected by surface transportation, with
particular emphasis on assisting State and local governments to
achieve national environmental goals;
(4) accommodation of the needs of all users of surface
transportation systems, including operators of commercial motor
vehicles, passenger motor vehicles, motorcycles, and bicycles
and pedestrians, including individuals with disabilities; and
(5) improvement of the Nation's ability to respond to
security-related or other manmade emergencies and natural
disasters and enhancement of national defense mobility.
(b) Purposes.--The Secretary shall implement activities under the
intelligent system transportation program to, at a minimum--
(1) expedite, in both metropolitan and rural areas,
deployment and integration of intelligent transportation
systems for consumers of passenger and freight transportation;
(2) ensure that Federal, State, and local transportation
officials have adequate knowledge of intelligent transportation
systems for full consideration in the transportation planning
process;
(3) improve regional cooperation and operations planning
for effective intelligent transportation system deployment;
(4) promote the innovative use of private resources;
(5) facilitate, in cooperation with the motor vehicle
industry, the introduction of a vehicle-based safety enhancing
systems;
(6) support the application of intelligent transportation
systems that increase the safety and efficiency of commercial
motor vehicle operations;
(7) develop a workforce capable of developing, operating,
and maintaining intelligent transportation systems; and
(8) provide continuing support for operations and
maintenance of intelligent transportation systems.
SEC. 5603. GENERAL AUTHORITIES AND REQUIREMENTS.
(a) Scope.--Subject to the provisions of this subtitle, the
Secretary shall conduct an ongoing intelligent transportation system
program to research, develop, and operationally test intelligent
transportation systems and advance nationwide deployment of such
systems as a component of the surface transportation systems of the
United States.
(b) Policy.--Intelligent transportation system 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.
(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 private sector of the United States, the
Federal laboratories, and colleges and universities, including
historically Black colleges and universities and other minority
institutions of higher education.
(d) Consultation With Federal Officials.--In carrying out the
intelligent transportation system program, the Secretary shall consult
with the heads of other Federal departments and agencies, as
appropriate.
(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 systems management and
operations, including intelligent transportation systems, within
metropolitan and statewide transportation planning processes.
(g) Information Clearinghouse.--
(1) In general.--The Secretary shall--
(A) maintain a repository for technical and safety
data collected as a result of federally sponsored
projects carried out under this subtitle (including the
amendments made by this subtitle); and
(B) make, on request, that information (except for
proprietary information and data) readily available to
all users of the repository at an appropriate cost.
(2) Agreement.--
(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).
(B) Federal financial assistance.--If the Secretary
enters into an agreement with an entity for the
maintenance of the repository, the entity shall be
eligible for Federal financial assistance under this
section.
(3) Availability of information.--Information in the
repository shall not be subject to section 555 of title 5,
United States Code.
(h) Advisory Committee.--
(1) In general.--The Secretary shall establish an Advisory
Committee to advise the Secretary on carrying out this
subtitle.
(2) Membership.--The Advisory Committee shall have no more
than 20 members, be balanced between metropolitan and rural
interests, and include, at a minimum--
(A) a representative from a State highway
department;
(B) a representative from a local highway
department who is not from a metropolitan planning
organization;
(C) a representative from a State, local, or
regional transit agency;
(D) a representative from a metropolitan planning
organization;
(E) a private sector user of intelligent
transportation system technologies;
(F) an academic researcher with expertise in
computer science or another information science field
related to intelligent transportation systems, and who
is not an expert on transportation issues;
(G) an academic researcher who is a civil engineer;
(H) an academic researcher who is a social
scientist with expertise in transportation issues;
(I) a representative from a not-for-profit group
representing the intelligent transportation system
industry;
(J) a representative from a public interest group
concerned with safety;
(K) a representative from a public interest group
concerned with the impact of the transportation system
on land use and residential patterns; and
(L) members with expertise in planning, safety, and
operations.
(3) Duties.--The Advisory Committee shall, at a minimum,
perform the following duties:
(A) Provide input into the development of the
Intelligent Transportation System aspects of the
strategic plan under section 508 of title 23, United
States Code.
(B) Review, at least annually, areas of intelligent
transportation systems research being considered for
funding by the Department, to determine--
(i) whether these activities are likely to
advance either the state-of-the-practice or
state-of-the-art in intelligent transportation
systems;
(ii) whether the intelligent transportation
system technologies are likely to be deployed
by users, and, if not, to determine the
barriers to deployment; and
(iii) the appropriate roles for government
and the private sector in investing in the
research and technologies being considered.
(4) Report.--Not later than February 1 of each year after
the date of enactment of this Act, the Secretary shall transmit
to the Congress, a report including--
(A) all recommendations made by the Advisory
Committee during the preceding calendar year;
(B) an explanation of how the Secretary has
implemented those recommendations; and
(C) for recommendations not implemented, the
reasons for rejecting the recommendations.
(5) Applicability of federal advisory committee act.--The
Advisory Committee shall be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
(i) Reporting.--
(1) Guidelines and requirements.--
(A) In general.--The Secretary shall issue
guidelines and requirements for the reporting and
evaluation of operational tests and deployment projects
carried out under this subtitle.
(B) Objectivity and independence.--The guidelines
and requirements issued under subparagraph (A) shall
include provisions to ensure the objectivity and
independence of the reporting entity so as to avoid any
real or apparent conflict of interest or potential
influence on the outcome by parties to any such test or
deployment project or by any other formal evaluation
carried out under this subtitle.
(C) Funding.--The guidelines and requirements
issued under subparagraph (A) shall establish reporting
funding levels based on the size and scope of each test
or project that ensure adequate reporting 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
reporting of any test, deployment project, or program
assessment activity under this subtitle shall not be subject to
chapter 35 of title 44.
SEC. 5604. NATIONAL ARCHITECTURE AND STANDARDS.
(a) In General.--
(1) Development, implementation, and maintenance.--
Consistent with section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110
Stat. 783), the Secretary shall develop, implement, and
maintain a national architecture and supporting standards and
protocols to promote the widespread use and evaluation of
intelligent transportation system technology as a component of
the surface transportation systems of the United States.
(2) Interoperability and efficiency.--To the maximum extent
practicable, the national architecture shall promote
interoperability among, and efficiency of, intelligent
transportation system technologies implemented throughout the
United States.
(3) Use of standards development organizations.--In
carrying out this section, the Secretary shall use the services
of such standards development organizations as the Secretary
determines to be appropriate.
(4) Use of expert panel.--
(A) Designation.--The Secretary shall designate a
panel of experts to recommend ways to expedite and
streamline the process for developing the standards and
protocols to be developed pursuant to paragraph (1).
(B) Nonapplicability of advisory committee act.--
The expert panel shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
(C) Deadline for recommendation.--No later than
September 30, 2006, the expert panel shall provide the
Secretary with a recommendation relating to such
standards development.
(b) Provisional Standards.--
(1) In general.--If the Secretary finds that the
development or balloting of an intelligent transportation
system standard jeopardizes the timely achievement of the
objectives identified in subsection (a), the Secretary may
establish a provisional standard, after consultation with
affected parties, using, to the extent practicable, the work
product of appropriate standards development organizations.
(2) Period of effectiveness.--A provisional standard
established under paragraph (1) shall be published in the
Federal Register and remain in effect until the appropriate
standards development organization adopts and publishes a
standard.
(c) Conformity With National Architecture.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the Secretary shall ensure that intelligent transportation
system projects carried out using funds made available from the
Highway Trust Fund, including funds made available under this
subtitle to deploy intelligent transportation system
technologies, conform to the national architecture, applicable
standards or provisional standards, and protocols developed
under subsection (a).
(2) Secretary's discretion.--The Secretary may authorize
exceptions to paragraph (1) for--
(A) projects designed to achieve specific research
objectives outlined in the national intelligent
transportation system program plan or the surface
transportation research and development strategic plan
developed under section 508 of title 23, United States
Code; or
(B) the upgrade or expansion of an intelligent
transportation system in existence on the date of
enactment of this Act if the Secretary determines that
the upgrade or expansion--
(i) would not adversely affect the goals or
purposes of this subtitle;
(ii) is carried out before the end of the
useful life of such system; and
(iii) is cost-effective as compared to
alternatives that would meet the conformity
requirement of paragraph (1).
(3) Exceptions.--Paragraph (1) shall not apply to funds
used for operation or maintenance of an intelligent
transportation system in existence on the date of enactment of
this Act.
SEC. 5605. RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary shall carry out a comprehensive
program of intelligent transportation system research, development, and
operational tests of intelligent vehicles and intelligent
infrastructure systems and other similar activities that are necessary
to carry out this subtitle.
(b) Priority Areas.--Under the program, the Secretary shall give
higher priority to funding projects that--
(1) 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 and remote
sensing products;
(2) utilize interdisciplinary approaches to develop traffic
management strategies and tools to address multiple impacts of
congestion concurrently;
(3) enhance safety through improved crash avoidance and
protection, crash and other notification, commercial motor
vehicle operations, and infrastructure-based or cooperative
safety systems; and
(4) facilitate the integration of intelligent
infrastructure, vehicle, and control technologies.
(c) Federal Share.--The Federal share of the cost of operational
tests and demonstrations under subsection (a) shall not exceed 80
percent.
SEC. 5606. INFRASTRUCTURE DEVELOPMENT.
Funds made available to carry out this subtitle for operational
tests--
(1) shall be used primarily for the development of
intelligent transportation system infrastructure; and
(2) to the maximum extent practicable, shall not be used
for the construction of physical highway and public
transportation infrastructure unless the construction is
incidental and critically necessary to the implementation of an
intelligent transportation system project.
SEC. 5607. ROAD WEATHER RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a road weather
research and development program to--
(1) maximize use of available road weather information and
technologies;
(2) expand road weather research and development efforts to
enhance roadway safety, capacity, and efficiency while
minimizing environmental impacts; and
(3) promote technology transfer of effective road weather
scientific and technological advances.
(b) Stakeholder Input.--In carrying out this section, the Secretary
shall consult with the National Oceanic and Atmospheric Administration,
the National Science Foundation, the American Association of State
Highway and Transportation Officials, nonprofit organizations, and the
private sector.
(c) Contents.--The program established under this section shall
solely carry out research and development called for in the National
Research Council's report entitled `A Research Agenda for Improving
Road Weather Services'. Such research and development includes--
(1) integrating existing observational networks and data
management systems for road weather applications;
(2) improving weather modeling capabilities and forecast
tools, such as the road surface and atmospheric interface;
(3) enhancing mechanisms for communicating road weather
information to users, such as transportation officials and the
public; and
(4) integrating road weather technologies into an
information infrastructure.
(d) Activities.--In carrying out this section, the Secretary
shall--
(1) enable efficient technology transfer;
(2) improve education and training of road weather
information users, such as State and local transportation
officials and private sector transportation contractors; and
(3) coordinate with transportation weather research
programs in other modes, such as aviation.
(e) Funding.--
(1) In general.--In awarding funds under this section, the
Secretary shall give preference to applications with
significant matching funds from non-Federal sources.
(2) Funds for road weather research and development.--Of
the amounts made available by section 5101(a)(5), $4,000,000
shall be available to carry out this section for each of fiscal
years 2004 through 2009.
SEC. 5608. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Incident.--The term `incident' means a crash, a natural
disaster, workzone activity, special event, or other emergency
road user occurrence that adversely affects or impedes the
normal flow of traffic.
(2) Intelligent transportation infrastructure.--The term
`intelligent transportation infrastructure' means fully
integrated public sector intelligent transportation system
components, as defined by the Secretary.
(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.
(4) National architecture.--The term `national
architecture' means the common framework for interoperability
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.
(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.
(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 support the national architecture and
promote--
(i) the widespread use and adoption of
intelligent transportation system technology as
a component of the surface transportation
systems of the United States; and
(ii) interoperability among intelligent
transportation system technologies implemented
throughout the States.
(7) State.--The term `State' has the meaning given the term
under section 101 of title 23, United States Code.
(8) Transportation systems management and operations.--The
term `transportation systems management and operations' has the
meaning given the term under section 101(a) of such title.
SEC. 5609. RURAL INTERSTATE CORRIDOR COMMUNICATIONS STUDY.
(a) Study.--The Secretary, in cooperation with the Secretary of
Commerce, State departments of transportation, and other appropriate
State, regional, and local officials, shall conduct a study on
feasibility of installing fiber optic cabling and wireless
communication infrastructure along multistate Interstate System route
corridors for improved communications services to rural communities
along such corridors.
(b) Contents of Study.--In conducting the study, the Secretary
shall identify--
(1) impediments to installation of the infrastructure
described in subsection (a) along multistate Interstate System
route corridors and to connecting such infrastructure to the
rural communities along such corridors;
(2) the effective geographic range of such infrastructure;
(3) potential opportunities for the private sector to fund,
wholly or partially, the installation of such infrastructure;
(4) potential benefits fiber optic cabling and wireless
communication infrastructure may provide to rural communities
along such corridors, including the effects of the installation
of such infrastructure on economic development, deployment of
intelligent transportation systems technologies and
applications, homeland security precaution and response, and
education and health systems in those communities;
(5) rural broadband access points for such infrastructure;
(6) areas of environmental conflict with such installation;
(7) real estate ownership issues relating to such
installation;
(8) preliminary design for placement of fiber optic cable
and wireless towers;
(9) monetary value of the rights-of-way necessary for such
installation;
(10) applicability and transferability of the benefits of
such installation to other rural corridors; and
(11) safety and other operational issues associated with
the installation and maintenance of fiber optic cabling and
wire infrastructure within Interstate System rights-of-way and
other publicly owned rights-of-way.
(c) Corridor Locations.--The study required under subsection (a)
shall be conducted for corridors along--
(1) Interstate Route I-90 through rural Wisconsin, southern
Minnesota, northern Iowa, and South Dakota;
(2) Interstate Route I-20 through Alabama, Mississippi, and
northern Louisiana;
(3) Interstate Route I-91 through Vermont, New Hampshire,
and Massachusetts; and
(4) any other rural corridor the Secretary considers
appropriate.
(d) Federal Share.--The Federal share of the cost of the study
shall be 100 percent.
(e) Report to Congress.--Not later than September 30, 2006, the
Secretary shall transmit to Congress a report on the results of the
study, including any recommendations of the Secretary.
(f) Funding.--Of the amounts made available under section
5101(a)(5), $1,000,000 shall be available for fiscal year 2005, and
$2,000,000 for fiscal year 2006, to carry out this section.
SEC. 5610. CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE.
(a) Establishment.--The Secretary shall establish 3 centers for
surface transportation excellence.
(b) Goals.--The goals of the centers for surface transportation
excellence are to promote and support strategic national surface
transportation programs and activities relating to the work of State
departments of transportation in the areas of environment, rural
safety, and project finance.
(c) Role of Centers.--To achieve the goals set forth in subsection
(b), the Secretary shall establish the 3 centers as follows:
(1) Environmental excellence.--To provide technical
assistance, information sharing of best practices, and training
in the use of tools and decision-making processes that can
assist States in planning and delivering environmentally sound
surface transportation projects.
(2) Rural safety.--To provide research, training, and
outreach on innovative uses of technology to enhance rural
safety and economic development, assess local community needs
to improve access to mobile emergency treatment, and develop
online and seminar training needs of rural transportation
practitioners and policy-makers.
(3) Project finance.--To provide support to State
transportation departments in the development of finance plans
and project oversight tools and to develop and offer training
in state of the art financing methods to advance projects and
leverage funds.
(d) Authorization of Appropriations.--
(1) In general.--Of the amounts made available under
section 5101(a)(1), the Secretary shall make available
$2,000,000 for each of fiscal years 2004 through 2009 to carry
out this section.
(2) Allocation of funds.--Of the funds made available under
paragraph (1) the Secretary shall use such amounts as follows:
(A) 40 percent to establish the Center for
Environmental Excellence.
(B) 30 percent to establish the Center for
Excellence in Rural Safety.
(C) 30 percent to establish the Center for
Excellence in Project Finance.
(3) Applicability of title 23.--Funds authorized by 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 the Federal share shall be 100
percent.
(e) Program Administration.--
(1) Competition.--A party entering into a contract,
cooperative agreement, or other transaction with the Secretary,
or receiving a grant to perform research or provide technical
assistance under this section shall be selected on a
competitive basis, to the maximum extent practicable.
(2) Strategic plan.--The Secretary shall require each
center to develop a multiyear strategic plan that describes--
(A) the activities to be undertaken; and
(B) how the work of the center is coordinated with
the activities of the Federal Highway Administration
and the various other research, development, and
technology transfer activities authorized by this
title. Such plans shall be submitted to the Secretary
by January 1, 2006, and each year thereafter.
SEC. 5611. REPEAL.
Subtitle C of title V of The Transportation Equity Act for the 21st
Century (23 U.S.C. 502 note; 112 Stat. 452-463) is repealed.
SEC. 5612. SPECIAL RULE FOR FISCAL YEAR 2004.
In any case in which an amount is authorized to be appropriated,
made available, allocated, set aside, taken down, or subject to an
obligation limitation for fiscal year 2004 for a program, project, or
activity in any provision of this title, including an amendment made by
this title, that is different than the amount authorized to be
appropriated, made available, allocated, set aside, taken down, or
subject to an obligation limitation for fiscal year 2004 for such
program, project, or activity in any provision of the Surface
Transportation Extension Act of 2004, Part V (Public Law 108-310),
including any amendment made by such Act, the amount referred to in
such Act shall be the amount authorized to be appropriated, made
available, allocated, set aside, taken down, or subject to an
obligation limitation.
TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY
SEC. 6001. TRANSPORTATION PLANNING.
(a) In General.--Subtitle III of title 49, United States Code, is
amended by inserting after chapter 51 the following:
`CHAPTER 52--TRANSPORTATION PLANNING AND PROJECT DELIVERY
`subchapter a--general provisions
`Sec.
`5201.`subchapter b--transportation planning and project delivery
`5211. Policy.
`5212. Definitions.
`5213. Metropolitan transportation planning.
`5214.`subchapter c--efficient environmental reviews for project
decisionmaking
`5251. Definitions and applicability.
`5252. Project development procedures.
`SUBCHAPTER A--GENERAL PROVISIONS
`Sec. 5201. Definitions
`In this chapter, the following definitions apply:
`(1) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
`(2) State.--The term ``State'' means a State of the United
States, the District of Columbia, and Puerto Rico.
`SUBCHAPTER B--TRANSPORTATION PLANNING AND PROJECT DELIVERY
`Sec. 5211. Policy
`(a) In General.--It is in the national interest to--
`(1) encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility needs of
people and freight and foster economic growth and development
within and between States and urbanized areas, while minimizing
transportation-related fuel consumption and air pollution
through metropolitan and statewide transportation planning
processes identified in this chapter; and
`(2) encourage the continued improvement and evolution of
the metropolitan and statewide transportation planning
processes by metropolitan planning organizations, State
departments of transportation, and public transit operators as
guided by the planning factors identified in sections 5213(f)
and 5214(d).
`(b) Common Transportation Planning Program.--This subchapter
provides a common transportation planning program to be administered by
the Federal Highway Administration and the Federal Transit
Administration.
`Sec. 5212. Definitions
`(a) Applicability by Reference.--Unless otherwise specified in
subsection (b), the definitions in section 101(a) of title 23 and
section 5302 are applicable to this subchapter.
`(b) Additional Definitions.--In this subchapter, the following
definitions apply:
`(1) Metropolitan planning area.--The term ``metropolitan
planning area'' means the geographic area determined by
agreement between the metropolitan planning organization for
the area and the Governor under section 5213(c).
`(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' means the policy board
of an organization created as a result of the designation
process in section 5213(b).
`(3) Nonmetropolitan area.--The term ``nonmetropolitan
area'' means a geographic area outside designated metropolitan
planning areas.
`(4) Nonmetropolitan local official.--The term
``nonmetropolitan local official'' means elected and appointed
officials of general purpose local government in a
nonmetropolitan area with responsibility for transportation.
`(5) TIP.--The term ``TIP'' means a transportation
improvement program developed by a metropolitan planning
organization under section 5213.
`(6) Urbanized area.--The term ``urbanized area'' means a
geographic area with a population of 50,000 or more, as
designated by the Bureau of the Census.
`Sec. 5213. Metropolitan Transportation planning
`(a) General Requirements.--
`(1) Development of long-range plans and tips.--To
accomplish the objectives in section 5211, metropolitan
planning organizations designated under subsection (b), in
cooperation with the State and public transportation operators,
shall develop long-range transportation plans and
transportation improvement programs for metropolitan planning
areas of the State.
`(2) Contents.--The plans and TIPs for each metropolitan
area shall provide for the development and integrated
management and operation of transportation systems and
facilities (including accessible pedestrian walkways and
bicycle transportation facilities) that will function as an
intermodal transportation system for the metropolitan planning
area and as an integral part of an intermodal transportation
system for the State and the United States.
`(3) Process of development.--The process for developing
the plans and TIPs shall provide for consideration of all modes
of transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.
`(b) Designation of Metropolitan Planning Organizations.--
`(1) In general.--To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area with a
population of more than 50,000 individuals--
`(A) by agreement between the Governor and units of
general purpose local government that together
represent at least 75 percent of the affected
population (including the largest incorporated city
(based on population) as named by the Bureau of the
Census); or
`(B) in accordance with procedures established by
applicable State or local law.
`(2) Structure.--Each metropolitan planning organization
that serves an area designated as a transportation management
area, when designated or redesignated under this subsection,
shall consist of--
`(A) local elected officials;
`(B) officials of public agencies that administer
or operate major modes of transportation in the
metropolitan area; and
`(C) appropriate State officials.
`(3) Limitation on statutory construction.--Nothing in this
subsection shall be construed to interfere with the authority,
under any State law in effect on December 18, 1991, of a public
agency with multimodal transportation responsibilities to--
`(A) develop the plans and TIPs for adoption by a
metropolitan planning organization; and
`(B) develop long-range capital plans, coordinate
transit services and projects, and carry out other
activities pursuant to State law.
`(4) Continuing designation.--A designation of a
metropolitan planning organization under this subsection or any
other provision of law shall remain in effect until the
metropolitan planning organization is redesignated under
paragraph (5).
`(5) Redesignation procedures.--A metropolitan planning
organization may be redesignated by agreement between the
Governor and units of general purpose local government that
together represent at least 75 percent of the existing planning
area population (including the largest incorporated city (based
on population) as named by the Bureau of the Census) as
appropriate to carry out this section.
`(6) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning organization
may be designated within an existing metropolitan planning area
only if the Governor and the existing metropolitan planning
organization determine that the size and complexity of the
existing metropolitan planning area make designation of more
than 1 metropolitan planning organization for the area
appropriate.
`(c) Metropolitan Planning Area Boundaries.--
`(1) In general.--For the purposes of this section, the
boundaries of a metropolitan planning area shall be determined
by agreement between the metropolitan planning organization and
the Governor.
`(2) Included area.--Each metropolitan planning area--
`(A) shall encompass at least the existing
urbanized area and the contiguous area expected to
become urbanized within a 20-year forecast period for
the transportation plan; and
`(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of the
Census.
`(3) Identification of new urbanized areas within existing
planning area boundaries.--The designation by the Bureau of the
Census of new urbanized areas within an existing metropolitan
planning area shall not require the redesignation of the
existing metropolitan planning organization.
`(4) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the case of
an urbanized area designated as a nonattainment area for ozone
or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.) as of the date of enactment of this paragraph, the
boundaries of the metropolitan planning area in existence as of
such date of enactment shall be retained; except that the
boundaries may be adjusted by agreement of the Governor and
affected metropolitan planning organizations in the manner
described in subsection (b)(5).
`(5) New metropolitan planning areas in nonattainment.--In
the case of an urbanized area designated after the date of
enactment of this paragraph as a nonattainment area for ozone
or carbon monoxide, the boundaries of the metropolitan planning
area--
`(A) shall be established in the manner described
in subsection (b)(1);
`(B) shall encompass the areas described in
paragraph (2)(A);
`(C) may encompass the areas described in paragraph
(2)(B); and
`(D) may address any nonattainment area identified
under the Clean Air Act for ozone or carbon monoxide.
`(d) Coordination in Multistate Areas.--
`(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan area and the appropriate metropolitan planning
organizations to provide coordinated transportation planning
for the entire metropolitan area.
`(e) MPO Consultation in Plan and TIP Coordination.--
`(1) Nonattainment areas.--If more than 1 metropolitan
planning organization has authority within a metropolitan area
or an area which is designated as a nonattainment area for
ozone or carbon monoxide under the Clean Air Act, each
metropolitan planning organization shall consult with the other
metropolitan planning organizations designated for such area
and the State in the coordination of plans and TIPs required by
this section.
`(2) Transportation improvements located in multiple
mpos.--If a transportation improvement funded from the Highway
Trust Fund or authorized under chapter 53 is located within the
boundaries of more than 1 metropolitan planning area, the
metropolitan planning organizations shall coordinate plans and
TIPs regarding the transportation improvement.
`(3) Relationship with other planning officials.--The
Secretary shall encourage each metropolitan planning
organization to consult with those officials responsible for
other types of planning activities that are affected by
transportation in the area (including State and local planned
growth, economic development, environmental protection, airport
operations, and freight movements) or to coordinate its
planning process, to the maximum extent practicable, with such
planning activities. Under the metropolitan planning process,
transportation plans and TIPs shall be developed with due
consideration of other related planning activities within the
metropolitan area, and the process shall provide for the design
and delivery of transportation services within the metropolitan
area that are provided by--
`(A) recipients of assistance under chapter 53;
`(B) governmental agencies and nonprofit
organizations (including representatives of the
agencies and organizations) that receive Federal
assistance from a source other than the Department of
Transportation to provide nonemergency transportation
services; and
`(C) recipients of assistance under section 204 of
title 23.
`(f) Scope of Planning Process.--
`(1) In general.--The goals and objectives developed
through the metropolitan planning process for a metropolitan
planning area under this section shall address the following
factors as they relate to the performance of the metropolitan
area transportation systems:
`(A) Support of the economic vitality of the
metropolitan area, especially by enabling global
competitiveness, productivity, and efficiency.
`(B) Increases in the safety and security of the
transportation system for motorized and nonmotorized
users.
`(C) Increases in the accessibility and mobility of
people and for freight.
`(D) Protection and enhancement of the environment,
promotion of energy conservation, improvement of the
quality of life, and promotion of consistency between
transportation improvements and State and local planned
growth and economic development patterns.
`(E) Enhancement of the integration and
connectivity of the transportation system, across and
between modes, for people and freight.
`(F) Promotion of efficient system management and
operation.
`(G) Emphasis on the preservation of the existing
transportation system.
`(2) Failure to consider factors.--The failure to consider
any factor specified in paragraph (1) shall not be reviewable
by any court under title 23 or this title, subchapter II of
chapter 5 of title 5, or chapter 7 of title 5 in any matter
affecting a transportation plan, a TIP, a project or strategy,
or the certification of a planning process.
`(g) Development of Transportation Plan.--
`(2) Transportation plan.--A transportation plan under this
section shall be in a form that the Secretary determines to be
appropriate and shall contain, at a minimum, the following:
`(A) An identification of transportation facilities
(including major roadways, transit, multimodal and
intermodal facilities, and intermodal connectors) that
should function as an integrated metropolitan
transportation system, giving emphasis to those
facilities that serve important national and regional
transportation functions. In formulating the
transportation plan, the metropolitan planning
organization shall consider factors described in
subsection (f) as such factors relate to a 20-year
forecast period.
`(B) A financial plan that demonstrates how the
adopted transportation plan can be implemented,
indicates resources from public and private sources
that are reasonably expected to be made available to
carry out the plan, and recommends any additional
financing strategies for needed projects and programs.
The financial plan may include, for illustrative
purposes, additional projects that would be included in
the adopted transportation plan if reasonable
additional resources beyond those identified in the
financial plan were available. For the purpose of
developing the transportation plan, the metropolitan
planning organization, transit operator, and State
shall cooperatively develop estimates of funds that
will be available to support plan implementation.
`(C) Operational and management strategies to
improve the performance of existing transportation
facilities to relieve vehicular congestion and maximize
the safety and mobility of people and goods.
`(D) Capital investment and other strategies to
preserve the existing and projected future metropolitan
transportation infrastructure and provide for
multimodal capacity increases based on regional
priorities and needs.
`(E) Proposed transportation and transit
enhancement activities.
`(3) Coordination with clean air act agencies.--In
metropolitan areas which are in nonattainment for ozone or
carbon monoxide under the Clean Air Act, the metropolitan
planning organization shall coordinate the development of a
transportation plan with the process for development of the
transportation control measures of the State implementation
plan required by the Clean Air Act.
`(4) Participation by interested parties.--Before approving
a transportation plan, each metropolitan planning organization
shall provide citizens, affected public agencies,
representatives of public transportation employees, freight
shippers, providers of freight transportation services, private
providers of transportation, representatives of users of public
transportation, representatives of users of pedestrian walkways
and bicycle transportation facilities, representatives of the
disabled, and other interested parties with a reasonable
opportunity to comment on the transportation plan, in a manner
that the Secretary deems appropriate.
`(5) Publication.--A transportation plan involving Federal
participation shall be published or otherwise made readily
available by the metropolitan planning organization for public
review and submitted for information purposes to the Governor
at such times and in such manner as the Secretary shall
establish.
`(6) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(B), a State or metropolitan
planning organization shall not be required to select any
project from the illustrative list of additional projects
included in the financial plan under paragraph (2)(B).
`(h) Metropolitan TIP.--
`(1) Development.--
`(A) In general.--In cooperation with the State and
any affected public transportation operator, the
metropolitan planning organization designated for a
metropolitan area shall develop a TIP for the area for
which the organization is designated.
`(B) Opportunity for comment.--In developing the
TIP, the metropolitan planning organization, in
cooperation with the State and any affected public
transportation operator, shall provide citizens,
affected public agencies, representatives of public
transportation employees, freight shippers, providers
of freight transportation services, private providers
of transportation, representatives of users of public
transportation, representatives of the disabled,
representatives of users of pedestrian walkways and
bicycle facilities, and other interested parties with a
reasonable opportunity to comment on the proposed TIP.
`(C) Funding estimates.--For the purpose of
developing the TIP, the metropolitan planning
organization, public transportation agency, and State
shall cooperatively develop estimates of funds that are
reasonably expected to be available to support program
implementation.
`(D) Updating and approval.--The TIP shall be
updated at least once every 4 years and shall be
approved by the metropolitan planning organization and
the Governor.
`(2) Contents.--
`(A) Priority list.--The TIP shall include a
priority list of proposed federally supported projects
and strategies to be carried out within each 4-year
period after the initial adoption of the TIP.
`(B) Financial plan.--The TIP shall include a
financial plan that--
`(i) demonstrates how the TIP can be
implemented;
`(ii) indicates resources from public and
private sources that are reasonably expected to
be available to carry out the program;
`(iii) identifies innovative financing
techniques to finance projects, programs, and
strategies; and
`(iv) may include, for illustrative
purposes, additional projects that would be
included in the approved TIP if reasonable
additional resources beyond those identified in
the financial plan were available.
`(C) Descriptions.--Each project in the TIP shall
include sufficient descriptive material (such as type
of work, termini, length, and other similar factors) to
identify the project or phase of the project.
`(D) Congestion relief activities.--The TIP shall
include a listing of congestion relief activities to be
carried out to meet the requirements of section 139 of
title 23, categorized as either under one or under
three congestion relief activities.
`(3) Included projects.--
`(A) Projects under title 23 and chapter 53.--A TIP
developed under this subsection for a metropolitan area
shall include the projects within the area that are
proposed for funding under chapter 1 of title 23 and
chapter 53.
`(B) Projects under chapter 2 of title 23.--All
projects proposed for funding under chapter 2 of title
23 shall be identified individually in the TIP.
`(C) Consistency with long-range transportation
plan.--Each project shall be consistent with the long-
range transportation plan developed under subsection
(g) for the area.
`(D) Requirement of anticipated full funding.--The
program shall include a project, or an identified phase
of a project, only if full funding can reasonably be
anticipated to be available for the project within the
time period contemplated for completion of the project.
`(4) Notice and comment.--Before approving a TIP, a
metropolitan planning organization, in cooperation with the
State and any affected public transportation operator, shall
provide citizens, affected public agencies, representatives of
public transportation employees, freight shippers, providers of
freight transportation services, private providers of
transportation, representatives of users of public
transportation, representatives of the disabled,
representatives of users of pedestrian walkways and bicycle
facilities, and other interested parties with reasonable notice
of and an opportunity to comment on the proposed program.
`(5) Selection of projects.--
`(A) In general.--Except as otherwise provided in
subsection (i)(4) and in addition to the TIP
development required under paragraph (1), the selection
of federally funded projects in metropolitan areas
shall be carried out, from the approved TIP--
`(i) by--
`(I) in the case of projects under
title 23, the State; and
`(II) in the case of projects under
chapter 53, the designated recipients
of public transportation funding; and
`(ii) in cooperation with the metropolitan
planning organization.
`(B) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a
project included in the approved TIP in place of
another project in the program.
`(6) Selection of projects from illustrative list.--
`(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan planning
organization shall not be required to select any
project from the illustrative list of additional
projects included in the financial plan under paragraph
(2)(B)(iv).
`(B) Required action by the secretary.--Action by
the Secretary shall be required for a State or
metropolitan planning organization to select any
project from the illustrative list of additional
projects included in the financial plan under paragraph
(2)(B)(iv) for inclusion in an approved TIP.
`(7) Publication.--
`(A) Publication of tips.--A TIP involving Federal
participation shall be published or otherwise made
readily available by the metropolitan planning
organization for public review.
`(B) Publication of annual listings of projects.--
An annual listing of projects for which Federal funds
have been obligated in the preceding year shall be
published or otherwise made available by the
metropolitan planning organization for public review.
The listing shall be consistent with the categories
identified in the TIP.
`(i) Transportation Management Areas.--
`(1) Identification and designation.--
`(A) Required identification.--The Secretary shall
identify as a transportation management area each
urbanized area (as defined by the Bureau of the Census)
with a population of over 200,000 individuals.
`(B) Designations on request.--The Secretary shall
designate any additional area as a transportation
management area on the request of the Governor and the
metropolitan planning organization designated for the
area.
`(2) Transportation plans.--In a metropolitan planning area
serving a transportation management area, transportation plans
shall be based on a continuing and comprehensive transportation
planning process carried out by the metropolitan planning
organization in cooperation with the State and public
transportation operators.
`(3) Congestion management process.--Within a metropolitan
planning area serving a transportation management area, the
transportation planning process under this section shall
address congestion management through a process that provides
for effective management and operation, based on a
cooperatively developed and implemented metropolitan-wide
strategy, of new and existing transportation facilities
eligible for funding under title 23 and chapter 53 through the
use of travel demand reduction and operational management
strategies and shall identify a sufficient number of congestion
relief activities under section 139 of title 23 to meet the
requirements of such section. The Secretary shall establish an
appropriate phase-in schedule for compliance with the
requirements of this section but no sooner than one year after
the identification of a transportation management area.
`(4) Selection of projects.--
`(A) In general.--All federally funded projects
carried out within the boundaries of a metropolitan
planning area serving a transportation management area
under title 23 (excluding projects carried out on the
National Highway System and projects carried out under
the bridge program or the Interstate maintenance
program) or under chapter 53 shall be selected for
implementation from the approved TIP by the
metropolitan planning organization designated for the
area in consultation with the State and any affected
public transportation operator.
`(B) National highway system projects.--Projects,
carried out within the boundaries of a metropolitan
planning area serving a transportation management area,
on the National Highway System and projects carried out
within such boundaries under the bridge program or the
Interstate maintenance program under title 23 shall be
selected for implementation from the approved TIP by
the State in cooperation with the metropolitan planning
organization designated for the area.
`(5) Certification.--
`(A) In general.--The Secretary shall--
`(i) ensure that the metropolitan planning
process of a metropolitan planning organization
serving a transportation management area is
being carried out in accordance with applicable
provisions of Federal law; and
`(ii) subject to subparagraph (B), certify,
not less often than once every 4 years, that
the requirements of this paragraph are met with
respect to the metropolitan planning process.
`(B) Requirements for certification.--The Secretary
may make the certification under subparagraph (A) if--
`(i) the transportation planning process
complies with the requirements of this section
and other applicable requirements of Federal
law; and
`(ii) there is a TIP for the metropolitan
planning area that has been approved by the
metropolitan planning organization and the
Governor.
`(C) Effect of failure to certify.--
`(i) Withholding of project funds.--If a
metropolitan planning process of a metropolitan
planning organization serving a transportation
management area is not certified, the Secretary
may withhold up to 20 percent of the funds
attributable to the metropolitan planning area
of the metropolitan planning organization for
projects funded under title 23 and chapter 53.
`(ii) Restoration of withheld funds.--The
withheld funds shall be restored to the
metropolitan planning area at such time as the
metropolitan planning process is certified by
the Secretary.
`(D) Review of certification.--In making
certification determinations under this paragraph, the
Secretary shall provide for public involvement
appropriate to the metropolitan area under review.
`(j) Abbreviated Plans for Certain Areas.--
`(1) In general.--Subject to paragraph (2), in the case of
a metropolitan area not designated as a transportation
management area under this section, the Secretary may provide
for the development of an abbreviated transportation plan and
TIP for the metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of this
section, taking into account the complexity of transportation
problems in the area.
`(2) Nonattainment areas.--The Secretary may not permit
abbreviated plans or TIPs for a metropolitan area that is in
nonattainment for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.).
`(k) Additional Requirements for Certain Nonattainment Areas.--
`(1) In general.--Notwithstanding any other provisions of
title 23 or chapter 53, for transportation management areas
classified as nonattainment for ozone or carbon monoxide
pursuant to the Clean Air Act, Federal funds may not be
advanced in such area for any highway project that will result
in a significant increase in the carrying capacity for single-
occupant vehicles unless the project is addressed through a
congestion management process.
`(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning area
boundaries determined under subsection (c).
`(l) Limitation on Statutory Construction.--Nothing in this section
shall be construed to confer on a metropolitan planning organization
the authority to impose legal requirements on any transportation
facility, provider, or project not eligible under title 23 or chapter
53.
`(m) Funding.--
`(1) Set-asides.--Funds set aside under section 104(f) of
title 23 or section 5305(h) shall be available to carry out
this section.
`(2) Other funding.--Funds made available under section
5338(c) shall be available to carry out this section.
`(n) Continuation of Current Review Practice.--Since plans and TIPs
described in this section are subject to a reasonable opportunity for
public comment, individual projects included in plans and TIPs are
subject to review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and decisions by the Secretary concerning
plans and TIPs described in this section have not been reviewed under
such Act as of January 1, 1997, any decision by the Secretary
concerning a plan or TIP described in this section shall not be
considered to be a Federal action subject to review under such Act.
`Sec. 5214. Statewide Transportation planning
`(a) General Requirements.--
`(1) Development of plans and programs.--To accomplish the
objectives stated in section 5211, each State shall develop a
statewide transportation plan and a statewide transportation
improvement program for all areas of the State subject to
section 5213. Such program shall cover a period of 4 years and
be updated every 4 years or more frequently if the Governor
elects to update more frequently.
`(2) Contents.--The statewide transportation plan and the
transportation improvement program developed for each State
shall provide for the development and integrated management and
operation of transportation systems and facilities (including
accessible pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal transportation
system for the State and an integral part of an intermodal
transportation system for the United States.
`(3) Process of development.--The process for developing
the statewide plan and the transportation improvement program
shall provide for consideration of all modes of transportation
and the policies stated in section 5211, and shall be
continuing, cooperative, and comprehensive to the degree
appropriate, based on the complexity of the transportation
problems to be addressed.
`(b) Coordination With Metropolitan Planning; State Implementation
Plan.--A State shall--
`(1) coordinate planning carried out under this section
with the transportation planning activities carried out under
section 5213 for metropolitan areas of the State and with
statewide trade and economic development planning activities
and related multistate planning efforts; and
`(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42 U.S.C.
7401 et seq.).
`(d) Scope of Planning Process.--
`(1) In general.--Each State shall carry out a statewide
transportation planning process that provides for consideration
and implementation of projects, strategies, and services that
will--
`(A) support the economic vitality of the United
States, the States, nonmetropolitan areas, and
metropolitan areas, especially by enabling global
competitiveness, productivity, and efficiency;
`(B) increase the safety and security of the
transportation system for motorized and nonmotorized
users;
`(C) increase the accessibility and mobility of
people and freight;
`(D) protect and enhance the environment, promote
energy conservation, improve the quality of life, and
promote consistency between transportation improvements
and State and local planned growth and economic
development patterns;
`(E) enhance the integration and connectivity of
the transportation system, across and between modes
throughout the State, for people and freight;
`(F) promote efficient system management and
operation; and
`(G) emphasize the preservation of the existing
transportation system.
`(2) Failure to consider factors.--The failure to consider
any factor specified in paragraph (1) shall not be reviewable
by any court under title 23 or this title, subchapter II of
chapter 5 of title 5, or chapter 7 of title 5 in any matter
affecting a statewide transportation plan, the transportation
improvement program, a project or strategy, or the
certification of a planning process.
`(e) Additional Requirements.--In carrying out planning under this
section, each State shall consider, at a minimum--
`(1) with respect to nonmetropolitan areas, the concerns of
affected local officials with responsibility for
transportation;
`(2) the concerns of Indian tribal governments and Federal
land management agencies that have jurisdiction over land
within the boundaries of the State; and
`(3) coordination of transportation plans, the
transportation improvement program, and planning activities
with related planning activities being carried out outside of
metropolitan planning areas and between States.
`(f) Long-Range Statewide Transportation Plan.--
`(1) Development.--Each State shall develop a long-range
statewide transportation plan, with a minimum 20-year forecast
period for all areas of the State, that provides for the
development and implementation of the intermodal transportation
system of the State.
`(2) Consultation with governments.--
`(A) Metropolitan areas.--The statewide
transportation plan shall be developed for each
metropolitan area in the State in cooperation with the
metropolitan planning organization designated for the
metropolitan area under section 5213.
`(B) Nonmetropolitan areas.--With respect to
nonmetropolitan areas, the statewide transportation
plan shall be developed in consultation with affected
nonmetropolitan officials with responsibility for
transportation. The Secretary shall not review or
approve the consultation process in each State.
`(C) Indian tribal areas.--With respect to each
area of the State under the jurisdiction of an Indian
tribal government, the statewide transportation plan
shall be developed in consultation with the tribal
government and the Secretary of the Interior.
`(3) Participation by interested parties.--In developing
the statewide transportation plan, the State shall--
`(A) provide citizens, affected public agencies,
representatives of public transportation employees,
freight shippers, private providers of transportation,
representatives of users of public transportation,
representatives of users of pedestrian walkways and
bicycle transportation facilities, representatives of
the disabled, providers of freight transportation
services, and other interested parties with a
reasonable opportunity to comment on the proposed plan;
and
`(B) identify transportation strategies necessary
to efficiently serve the mobility needs of people.
`(4) Financial plan.--The statewide transportation plan may
include a financial plan that demonstrates how the adopted
statewide transportation plan can be implemented, indicates
resources from public and private sources that are reasonably
expected to be made available to carry out the plan, and
recommends any additional financing strategies for needed
projects and programs. The financial plan may include, for
illustrative purposes, additional projects that would be
included in the adopted statewide transportation plan if
reasonable additional resources beyond those identified in the
financial plan were available.
`(5) Selection of projects from illustrative list.--A State
shall not be required to select any project from the
illustrative list of additional projects included in the
financial plan described in paragraph (4).
`(6) Existing system.--The statewide transportation plan
should include capital, operations and management strategies,
investments, procedures, and other measures to ensure the
preservation and most efficient use of the existing
transportation system.
`(g) Statewide Transportation Improvement Program.--
`(1) Development.--Each State shall develop a statewide
transportation improvement program for all areas of the State.
`(2) Consultation with governments.--
`(A) Metropolitan areas.--With respect to each
metropolitan area in the State, the program shall be
developed in cooperation with the metropolitan planning
organization designated for the metropolitan area under
section 5213.
`(B) Nonmetropolitan areas.--With respect to each
nonmetropolitan area in the State, the program shall be
developed in consultation with affected nonmetropolitan
local officials with responsibility for transportation.
The Secretary shall not review or approve the specific
consultation process in the State.
`(C) Indian tribal areas.--With respect to each
area of the State under the jurisdiction of an Indian
tribal government, the program shall be developed in
consultation with the tribal government and the
Secretary of the Interior.
`(3) Participation by interested parties.--In developing
the program, the State shall provide citizens, affected public
agencies, representatives of public transportation employees,
freight shippers, private providers of transportation,
providers of freight transportation services, representatives
of users of public transportation, representatives of users of
pedestrian walkways and bicycle transportation facilities,
representatives of the disabled, and other interested parties
with a reasonable opportunity to comment on the proposed
program.
`(4) Included projects.--
`(A) In general.--A transportation improvement
program developed under this subsection for a State
shall include federally supported surface
transportation expenditures within the boundaries of
the State.
`(B) Projects under chapter 2 of title 23.--All
projects proposed for funding under chapter 2 of title
23 shall be identified individually in the
transportation improvement program.
`(C) Consistency with statewide transportation
plan.--Each project shall be--
`(i) consistent with the statewide
transportation plan developed under this
section for the State;
`(ii) identical to the project or phase of
the project as described in an approved
metropolitan transportation plan; and
`(iii) in conformance with the applicable
State air quality implementation plan developed
under the Clean Air Act (42 U.S.C. 7401 et
seq.), if the project is carried out in an area
designated as nonattainment for ozone or carbon
monoxide under that Act.
`(D) Requirement of anticipated full funding.--The
transportation improvement program shall include a
project, or an identified phase of a project, only if
full funding can reasonably be anticipated to be
available for the project within the time period
contemplated for completion of the project.
`(E) Financial plan.--The transportation
improvement program may include a financial plan that
demonstrates how the approved transportation
improvement program can be implemented, indicates
resources from public and private sources that are
reasonably expected to be made available to carry out
the transportation improvement program, and recommends
any additional financing strategies for needed projects
and programs. The financial plan may include, for
illustrative purposes, additional projects that would
be included in the adopted transportation plan if
reasonable additional resources beyond those identified
in the financial plan were available.
`(F) Selection of projects from illustrative
list.--
`(i) No required selection.--
Notwithstanding subparagraph (E), a State shall
not be required to select any project from the
illustrative list of additional projects
included in the financial plan under
subparagraph (E).
`(ii) Required action by the secretary.--
Action by the Secretary shall be required for a
State to select any project from the
illustrative list of additional projects
included in the financial plan under
subparagraph (E) for inclusion in an approved
transportation improvement program.
`(G) Priorities.--The transportation improvement
program shall reflect the priorities for programming
and expenditures of funds, including transportation
enhancement activities, required by title 23 and
chapter 53.
`(H) Prioritization of congestion relief
activities.--The transportation improvement program
shall reflect the priorities for congestion relief
activities included in the metropolitan transportation
plan to meet the requirements of section 139 of title
23.
`(5) Project selection for areas of less than 50,000
population.--Projects carried out in areas with populations of
less than 50,000 individuals shall be selected, from the
approved transportation improvement program (excluding projects
carried out on the National Highway System and projects carried
out under the bridge program or the Interstate maintenance
program under title 23 or sections 5310, 5311, 5316, and 5317),
by the State in cooperation with the affected nonmetropolitan
local officials with responsibility for transportation.
Projects carried out in areas with populations of less than
50,000 individuals on the National Highway System or under the
bridge program or the Interstate maintenance program under
title 23 or under sections 5310, 5311, 5316, and 5317 shall be
selected, from the approved statewide transportation
improvement program, by the State in consultation with the
affected nonmetropolitan local officials with responsibility
for transportation.
`(6) Transportation improvement program approval.--Every 4
years, a transportation improvement program developed under
this subsection shall be reviewed and approved by the Secretary
if based on a current planning finding.
`(7) Planning finding.--A finding shall be made by the
Secretary at least every 4 years that the transportation
planning process through which statewide transportation plans
and programs are developed is consistent with this section and
section 5213.
`(8) Modifications to project priority.--Notwithstanding
any other provision of law, action by the Secretary shall not
be required to advance a project included in the approved
transportation improvement program in place of another project
in the program.
`(h) Funding.--
`(1) Set-aside.--Funds set aside pursuant to section 104(i)
of title 23 shall be available to carry out this section.
`(2) Other funding.--Funds made available under section
5338(c) shall be available to carry out this section.
`(i) Treatment of Certain State Laws as Congestion Management
Processes.--For purposes of this section and section 5213, State laws,
rules, or regulations pertaining to congestion management systems or
programs may constitute the congestion management process under section
5213(i)(3) if the Secretary finds that the State laws, rules, or
regulations are consistent with, and fulfill the intent of, the
purposes of section 5213, as appropriate.
`(j) Continuation of Current Review Practice.--Since the statewide
transportation plan and the transportation improvement program
described in this section are subject to a reasonable opportunity for
public comment, since individual projects included in the statewide
transportation plans and the transportation improvement program are
subject to review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning statewide transportation plans or the transportation
improvement program described in this section have not been reviewed
under such Act as of January 1, 1997, any decision by the Secretary
concerning a metropolitan or statewide transportation plan or the
transportation improvement program described in this section shall not
be considered to be a Federal action subject to review under such
Act.'.
(b) Conforming Amendment.--The analysis for such subtitle is
amended by inserting the following after the item relating to chapter
51:
`52. Transportation planning and project delivery........... 5201'.
SEC. 6002. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.
(a) Policy and Purpose.--
(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
Indian tribes on environmental matters and should be followed
in the development of highway construction and public transit
improvements. These principles are as follows:
(A) Assign responsibilities at the right level.
(B) Use collaborative processes to break down
barriers and find solutions.
(C) Move to a performance-based system.
(D) Separate subjective choices from objective data
gathering.
(E) Pursue economic incentives whenever
appropriate.
(F) Ensure environmental understanding.
(G) Make sure environmental decisions are fully
informed.
(H) Use appropriate geographic boundaries for
environmental problems.
(2) Purpose.--The purpose of this section is to reduce
delays in the delivery of highway construction and public
transportation capital projects arising from the environmental
review process, while continuing to ensure the protection of
the human and natural environment.
(b) Project Development Procedures.--Chapter 52 of title 49, United
States Code, as added by section 6001(a) of this Act, is amended by
adding at the end the following:
`SUBCHAPTER C--EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT
DECISIONMAKING
`Sec. 5251. Definitions and applicability
`(a) Definitions.--In this section, the following definitions
apply:
`(1) Agency.--The term ``agency'' means any agency,
department, or other unit of Federal, State, local, or Indian
tribal government.
`(2) Environmental impact statement.--The term
``environmental impact statement'' means the detailed statement
of environmental impacts required to be prepared under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
`(3) Environmental review process.--
`(A) In general.--The term ``environmental review
process'' means the process for preparing for a project
an environmental impact statement, environmental
assessment, categorical exclusion, or other document
prepared under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
`(B) Inclusions.--The term includes the process for
and completion of any environmental permit, approval,
review, or study required for a project under any
Federal law other than the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
`(4) Lead agency.--The term ``lead agency'' means the
Department of Transportation and, if applicable, any State or
local governmental entity serving as a joint lead agency
pursuant to this section.
`(5) Multimodal project.--The term ``multimodal project''
means a project funded, in whole or in part, under title 23 or
chapter 53 and involving the participation of more than one
Department of Transportation administration or agency.
`(6) Project.--The term ``project'' means any highway
project, public transportation capital project, or multimodal
project that requires the approval of the Secretary.
`(7) Project sponsor.--The term ``project sponsor'' means
the agency or other entity, including any private or public-
private entity, that seeks approval of the Secretary for a
project.
`(8) State transportation department.--The term ``State
transportation department'' means any statewide agency of a
State with responsibility for one or more modes of
transportation.
`(b) Applicability.--This subchapter is applicable to all projects
for which an environmental impact statement is prepared under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
This subchapter may be applied, to the extent determined appropriate by
the Secretary, to other projects for which an environmental document is
prepared pursuant to such Act. Any authorities granted in this
subchapter may be exercised for a project, class of projects, or
program of projects.
`Sec. 5252. Project development procedures
`(a) Lead Agencies.--
`(1) Federal lead agency.--The Department of Transportation
shall be the Federal lead agency in the environmental review
process for a project.
`(2) Project sponsor as joint lead agency.--Any project
sponsor that is a State or local governmental entity receiving
funds under title 23 or chapter 53 for the project shall serve
as a joint lead agency with the Department for purposes of
preparing any environmental document under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
may prepare any such environmental document required in support
of any action or approval by the Secretary if the Federal lead
agency furnishes guidance in such preparation and independently
evaluates such document and the document is approved and
adopted by the Secretary prior to the Secretary taking any
subsequent action or making any approval based on such
document, whether or not the Secretary's action or approval
results in Federal funding.
`(3) Ensuring compliance.--The Secretary shall ensure that
the project sponsor complies with all design and mitigation
commitments made jointly by the Secretary and the project
sponsor in any environmental document prepared by the project
sponsor in accordance with this subsection and that such
document is appropriately supplemented if project changes
become necessary.
`(4) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection may be
adopted or used by any Federal agency making any approval to
the same extent that such Federal agency could adopt or use a
document prepared by another Federal agency.
`(b) Participating Agencies.--
`(1) In general.--The lead agency shall be responsible for
inviting and designating participating agencies in accordance
with this subsection.
`(2) Invitation.--The lead agency shall identify, as early
as practicable in the environmental review process for a
project, any other Federal and non-Federal agencies that may
have an interest in the project, and shall invite such agencies
to become participating agencies in the environmental review
process for the project. The invitation shall set a deadline
for responses to be submitted. The deadline may be extended by
the lead agency for good cause.
`(3) Federal participating agencies.--Any Federal agency
that is invited by the lead agency to participate in the
environmental review process for a project shall be designated
as a participating agency by the lead agency unless the invited
agency informs the lead agency, in writing, by the deadline
specified in the invitation that the invited agency--
`(A) has no jurisdiction or authority with respect
to the project;
`(B) has no expertise or information relevant to
the project; and
`(C) does not intend to submit comments on the
project.
`(4) Effect of designation.--Designation as a participating
agency under this subsection shall not imply that the
participating agency--
`(A) supports a proposed project; or
`(B) has any jurisdiction over, or special
expertise with respect to evaluation of, the project.
`(5) Cooperating agency.--A participating agency may also
be designated by a lead agency as a ``cooperating agency''
under the regulations contained in part 1500 of title 40, Code
of Federal Regulations.
`(6) Designations for categories of projects.--The
Secretary may exercise the authorities granted under this
subsection for a project, class of projects, or program of
projects.
`(c) Project Initiation.--
`(1) In general.--The project sponsor shall initiate the
environmental review process for a project by submitting an
initiation notice to the Secretary.
`(2) Contents of notice.--The initiation notice shall
include, at a minimum, a brief description of the type of work,
termini, length, and general location of the proposed project,
together with a statement of any Federal approvals anticipated
to be needed for the project.
`(d) Purpose and Need.--
`(1) Participation.--As early as practicable during the
environmental review process, the lead agency shall provide an
opportunity for involvement by participating agencies and the
public in defining the purpose and need for a project.
`(2) Definition.--Following participation under paragraph
(1), the lead agency shall define the project's purpose and
need for purposes of any document which the lead agency is
responsible for preparing for the project.
`(3) Objectives.--The statement of purpose and need shall
include a clear statement of the objectives that the proposed
action is intended to achieve, which may include--
`(A) achieving a transportation objective
identified in an applicable statewide or metropolitan
transportation plan;
`(B) supporting land use, economic development, or
growth objectives established in applicable Federal,
State, local, or tribal plans; and
`(C) serving national defense, national security,
or other national objectives, as established in Federal
laws, plans, or policies.
`(e) Alternatives Analysis.--
`(1) Participation.--As early as practicable during the
environmental review process, the lead agency shall provide an
opportunity for involvement by participating agencies and the
public in determining the range of alternatives to be
considered for a project.
`(2) Range of alternatives.--Following participation under
paragraph (1), the lead agency shall determine the range of
alternatives for consideration in any document which the lead
agency is responsible for preparing for the project.
`(3) Methodologies.--The lead agency also shall determine,
in collaboration with participating agencies at appropriate
times during the study process, the methodologies to be used
and the level of detail required in the analysis of each
alternative for a project.
`(4) Preferred alternative.--At the discretion of the lead
agency, the preferred alternative for a project, after being
identified, may be developed to a higher level of detail than
other alternatives in order to facilitate the development of
mitigation measures or concurrent compliance with other
applicable laws if the lead agency determines that the
development of such higher level of detail will not prevent the
lead agency from making an impartial decision as to whether to
accept another alternative which is being considered in the
environmental review process.
`(f) Comment Deadlines.--The lead agency shall establish the
following deadlines for comment during the environmental review process
for a project:
`(1) For comments by agencies and the public on a draft
environmental impact statement, a period of no more than 60
days from the date of public availability of such document,
unless--
`(A) a different deadline is established by
agreement of the lead agency, the project sponsor, and
all participating agencies; or
`(B) the deadline is extended by the lead agency
for good cause.
`(2) For all other comment periods established by the lead
agency for agency or public comments in the environmental
review process, a period of no more than 30 days from
availability of the materials on which comment is requested,
unless--
`(A) a different deadline is established by
agreement of the lead agency, the project sponsor, and
all participating agencies; or
`(B) the deadline is extended by the lead agency
for good cause.
`(g) Issue Identification and Resolution.--
`(1) Cooperation.--The lead agency and the participating
agencies shall work cooperatively in accordance with this
section to identify and resolve issues that could delay
completion of the environmental review process or could result
in denial of any approvals required for the project under
applicable laws.
`(2) Lead agency responsibilities.--The lead agency shall
make information available to the participating agencies as
early as practicable in the environmental review process
regarding the environmental and socioeconomic resources located
within the project area and the general locations of the
alternatives under consideration. Such information may be based
on existing data sources, including geographic information
systems mapping.
`(3) Participating agency responsibilities.--Based on
information received from the lead agency, participating
agencies shall identify, as early as practicable, any issues of
concern regarding the project's potential environmental or
socioeconomic impacts. In this paragraph, issues of concern
include any issues that could substantially delay or prevent an
agency from granting a permit or other approval that is needed
for the project.
`(4) Issue resolution.--Whenever issues of concern are
identified or at any time upon request of a project sponsor,
the lead agency shall promptly convene a meeting with the
relevant participating agencies. If a resolution cannot be
achieved within 30 days following such a meeting and a
determination by the lead agency that all information necessary
to resolve the issue has been obtained, the lead agency shall
notify the heads of all Federal agencies involved in the
meeting and the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives and shall
publish such notification in the Federal Register.
`(h) Participation of State Agencies.--For any project eligible for
assistance under title 23 or chapter 53, a State may require, under
procedures established by State law, that all State agencies that have
jurisdiction by State or Federal law over environmental-related issues
that may be affected by the project, or that are required to issue any
environmental-related reviews, analyses, opinions, or determinations on
issuing any permits, licenses, or approvals for the project, be subject
to the coordinated environmental review process established under this
section unless the Secretary determines that a State agency's
participation would not be in the public interest. A State
participating in the review process must require all State agencies
with jurisdiction to be subject to and comply with the review process
to the same extent as a Federal agency.
`(i) Assistance to Affected State and Federal Agencies.--
`(1) In general.--For a project that is subject to the
environmental review process established under this section and
for which funds are made available to a State under title 23 or
chapter 53, the Secretary may approve a request by the State to
provide funds so made available to affected Federal agencies
(including the Department of Transportation), State agencies,
and Indian tribes participating in the environmental review
process for the project. Such funds may be provided only to
support activities that directly and meaningfully contribute to
expediting and improving transportation project planning and
delivery. Such activities may include dedicated staffing,
training of agency personnel, information gathering and
mapping, and development of programmatic agreements. The
Secretary may also use funds made available under section 204
of title 23 for a project for the purposes specified in this
subsection with respect to the environmental review process for
the project.
`(2) Amounts.--Requests under paragraph (1) may be approved
only for the additional amounts that the Secretary determines
are necessary for the Federal agencies, State agencies, or
Indian tribes participating in the environmental review process
to meet the time limits for environmental review.
`(3) Condition.--A request under paragraph (1) to expedite
time limits for environmental review may be approved only if
such time limits are less than the customary time necessary for
such review.'.
(c) Existing Environmental Review Processes.--Nothing in this
section shall be deemed to affect any existing environmental review
process approved by the Secretary.
SEC. 6003. POLICY ON HISTORIC SITES.
(a) Title 49.--Section 303 of title 49, United States Code, is
amended by adding at the end the following:
`(d) Special Rules for Historic Sites.--
`(1) In general.--The requirements of this section are
deemed to be satisfied in any case in which the treatment of a
historic site has been agreed upon in accordance with section
106 of the National Historic Preservation Act (16 U.S.C. 470f)
and the agreement includes a determination that the program or
project will not have an adverse effect on the historic site.
`(2) Limitation on applicability.--This subsection does not
apply in any case in which the Advisory Council on Historic
Preservation determines, concurrent with or prior to the
conclusion of section 106 consultation, that allowing section
106 compliance to satisfy the requirements of this section
would be inconsistent with the objectives of the National
Historic Preservation Act. The Council shall make such a
determination if petitioned to do so by a section 106
consulting party, unless the Council affirmatively finds that
the views of the requesting party have been adequately
considered and that section 106 compliance will adequately
protect historic properties.
`(3) Definitions.--In this subsection, the following
definitions apply:
`(A) Section 106 consultation.--The term ``section
106 consultation'' means the consultation process
required under section 106 of the National Historic
Preservation Act (16 U.S.C. 470f).
`(B) Adverse effect.--The term ``adverse effect''
means altering, directly or indirectly, any of the
characteristics of a historic property that qualify the
property for inclusion in the National Register in a
manner that would diminish the integrity of the
property's location, design, setting, materials,
workmanship, feeling, or association.'.
(b) Title 23.--Section 138 of title 23, United States Code is
amended--
(1) by inserting `(a) Policy.--' before `It is'; and
(2) by striking `In carrying' and inserting the following:
`(c) Studies.--In carrying'; and
(3) by inserting after subsection (a) (as designated by
paragraph (1)) the following:
`(b) Special Rules for Historic Sites.--
`(1) In general.--The requirements of this section are
deemed to be satisfied in any case in which the treatment of a
historic site has been agreed upon in accordance with section
106 of the National Historic Preservation Act (16 U.S.C. 470f)
and the agreement includes a determination that the program or
project will not have an adverse effect on the historic site.
`(2) Limitation on applicability.--This subsection does not
apply in any case in which the Advisory Council on Historic
Preservation determines, concurrent with or prior to the
conclusion of section 106 consultation, that allowing section
106 compliance to satisfy the requirements of this section
would be inconsistent with the objectives of the National
Historic Preservation Act. The Council shall make such a
determination if petitioned to do so by a section 106
consulting party, unless the Council affirmatively finds that
the views of the requesting party have been adequately
considered and that section 106 compliance will adequately
protect historic properties.
`(3) Definitions.--In this subsection, the following
definitions apply:
`(A) Section 106 consultation.--The term ``section
106 consultation'' means the consultation process
required under section 106 of the National Historic
Preservation Act (16 U.S.C. 470f).
`(B) Adverse effect.--The term ``adverse effect''
means altering, directly or indirectly, any of the
characteristics of a historic property that qualify the
property for inclusion in the National Register in a
manner that would diminish the integrity of the
property's location, design, setting, materials,
workmanship, feeling, or association.'.
SEC. 6004. EXEMPTION OF INTERSTATE SYSTEM.
Section 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.--Subject to subparagraph
(C), a portion of the Interstate System that possesses
an independent feature of historic significance (such
as a historic bridge or a highly significant
engineering feature) that is listed on, or eligible for
listing on, the National Register of Historic Places,
shall be considered to be a historic site under section
303 of title 49 or section 138 of this title, as
applicable.
`(C) Construction, maintenance, restoration, and
rehabilitation activities.--Subparagraph (B) does not
prohibit a State from carrying out construction,
maintenance, restoration, or rehabilitation activities
for a portion of the Interstate System referred to in
subparagraph (B) upon compliance with section 303 of
title 49 or section 138 of this title, as applicable,
and section 106 of the National Historic Preservation
Act of 1966 (16 U.S.C. 470f).'.
SEC. 6005. INTERSTATE COMPACTS.
Section 5213(d), as inserted by section 6001(a) of this Act, is
amended by inserting after paragraph (1) the following:
`(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
`(A) to enter into agreements or compacts, not in
conflict with any law of the United States, for
cooperative efforts and mutual assistance in support of
activities authorized under this section as the
activities pertain to interstate areas and localities
within the States; and
`(B) to establish such agencies, joint or
otherwise, as the States may determine desirable for
making the agreements and compacts effective.
`(3) Lake tahoe region.--
`(A) Definition.--In this paragraph, the term
``Lake Tahoe region'' has the meaning given the term
``region'' in subdivision (a) of article II of the
Tahoe Regional Planning Compact, as set forth in the
first section of Public Law 96-551 (94 Stat. 3234).
`(B) Transportation planning process.--The
Secretary shall--
`(i) establish with the Federal land
management agencies that have jurisdiction over
land in the Lake Tahoe region a transportation
planning process for the region; and
`(ii) coordinate the transportation
planning process with the planning process
required of State and local governments under
this section and section 5214.
`(C) Interstate compact.--
`(i) In general.--Subject to clause (ii),
notwithstanding subsection (b), to carry out
the transportation planning process required by
this section, the consent of Congress is
granted to the States of California and Nevada
to designate a metropolitan planning
organization for the Lake Tahoe region, by
agreement between the Governors of the States
of California and Nevada and units of general
purpose local government that together
represent at least 75 percent of the affected
population (including the central city or
cities (as defined by the Bureau of the
Census)), or in accordance with procedures
established by applicable State or local law.
`(ii) Involvement of federal land
management agencies.--
`(I) Representation.--The policy
board of a metropolitan planning
organization designated under clause
(i) shall include a representative of
each Federal land management agency
that has jurisdiction over land in the
Lake Tahoe region.
`(II) Funding.--In addition to
funds made available to the
metropolitan planning organization
under other provisions of title 23 and
under chapter 53, not more than 1
percent of the funds allocated under
section 202 of title 23 may be used to
carry out the transportation planning
process for the Lake Tahoe region under
this subparagraph.
`(D) Activities.--Highway projects included in
transportation plans developed under this paragraph--
`(i) shall be selected for funding in a
manner that facilitates the participation of
the Federal land management agencies that have
jurisdiction over land in the Lake Tahoe
region; and
`(ii) may, in accordance with chapter 2 of
title 23, be funded using funds allocated under
section 202 of title 23.
`(4) Reservation of rights.--The right to alter, amend or
repeal interstate compacts entered into under this subsection
is expressly reserved.'.
SEC. 6006. DEVELOPMENT OF TRANSPORTATION PLAN.
Section 5213(g), as inserted by section 6001(a) of this Act, is
amended by inserting before paragraph (2) the following:
`(1) In general.--Each metropolitan planning organization
shall prepare, and update periodically, according to a schedule
that the Secretary determines to be appropriate, a
transportation plan for its metropolitan planning area in
accordance with the requirements of this subsection. The
metropolitan planning organization shall prepare and update
such plan every 4 years (or more frequently, if the
metropolitan planning organization elects to update more
frequently) in the case of each of the following:
`(A) any area designated as nonattainment, as
defined in section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)); and
`(B) any area that was nonattainment and
subsequently designated to attainment in accordance
with section 107(d)(3) of that Act (42 U.S.C.
7407(d)(3)) and that is subject to a maintenance plan
under section 175A of that Act (42 U.S.C. 7505a).
In the case of any other area required to have a transportation
plan in accordance with the requirements of this subsection,
the metropolitan planning organization shall prepare and update
such plan every 4 years unless the metropolitan planning
organization elects to update more frequently.'.
SEC. 6007. INTERSTATE AGREEMENTS.
Section 5214, as inserted by section 6001(a) of this Act, is
amended by inserting after subsection (b) the following:
`(c) Interstate Agreements.--
`(1) In general.--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.
`(2) Reservation of rights.--The right to alter, amend or
repeal interstate compacts entered into under this subsection
is expressly reserved.'.
SEC. 6008. REGULATIONS RELATING TO TRANSPORTATION PLANNING.
Not later than 18 months after the date of enactment of this Act,
the Secretary shall issue regulations that are consistent with the
provisions of subchapter B of chapter 52 of title 49, United States
Code, that relate to the Clean Air Act.
SEC. 6009. SPECIAL RULES RELATING TO PROJECT DEVELOPMENT PROCEDURES.
Section 5252 of title 49, United States Code, as inserted by
section 6001(a) of this Act, is amended by adding at the end the
following:
`(j) Judicial Review and Savings Clause.--
`(1) Judicial review.--Except as set forth under subsection
(k), nothing in this section shall affect the reviewability of
any final Federal agency action in a court of the United
States.
`(2) Savings clause.--Nothing in this section shall be
construed as superseding, amending, or modifying the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or
any other Federal environmental statute or affect the
responsibility of any Federal officer to comply with or enforce
any such statute.
`(3) Limitations.--Nothing in this section shall preempt or
interfere with--
`(A) any practice of seeking, considering, or
responding to public comment; or
`(B) any power, jurisdiction, responsibility, or
authority that a Federal, State, or local government
agency, metropolitan planning organization, Indian
tribe, or project sponsor has with respect to carrying
out a project or any other provisions of law applicable
to projects, plans, or programs.
`(k) Limitations on Claims.--
`(1) In general.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial review
of a permit, license, or approval issued by a Federal agency
for a highway or public transportation capital project shall be
barred unless it is filed within 90 days after the permit,
license, or approval is final pursuant to the law under which
the agency action is taken, unless a shorter time is specified
in the Federal law pursuant to which judicial review is
allowed. Nothing in this subsection shall create a right to
judicial review or place any limit on filing a claim that a
person has violated the terms of a permit, license, or
approval.
`(2) New information.--The Secretary shall consider new
information received after the close of a comment period if the
information satisfies the requirements for a supplemental
environmental impact statement under section 771.130 of title
23, Code of Federal Regulations. The preparation of a
supplemental environmental impact statement when required shall
be considered a separate final agency action and the deadline
for filing a claim for judicial review of such action shall be
90 days after the date of such action.'.
TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
SEC. 7001. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 7002. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds with respect to hazardous materials
transportation that--
(1) approximately 4,000,000,000 tons of regulated hazardous
materials are transported each year and approximately 1,200,000
movements of hazardous materials occur each day, according to
Department of Transportation estimates;
(2) the movement of hazardous materials in commerce is
necessary to maintain economic vitality and meet consumer
demands and must be conducted in a safe and efficient manner;
(3) accidents involving, or unauthorized access to,
hazardous materials in transportation may result in a release
of such materials and pose a serious threat to public health
and safety;
(4) many States and localities have enacted laws and
regulations that vary from Federal laws and regulations
pertaining to the transportation of hazardous materials,
thereby creating the potential for unreasonable hazards in
other jurisdictions and confounding shippers and carriers that
attempt to comply with multiple regulatory requirements;
(5) because of the potential risks to life, property, and
the environment posed by unintentional releases of hazardous
materials, consistency in laws and regulations governing the
transportation of hazardous materials is necessary and
desirable;
(6) in order to achieve greater uniformity and to promote
the public health, welfare, and safety at all levels, Federal
standards for regulating the transportation of hazardous
materials in intrastate, interstate, and foreign commerce are
necessary and desirable; and
(7) in order to provide reasonable, adequate, and cost-
effective protection from the risks posed by the transportation
of hazardous materials, a network of well-trained State and
local emergency response personnel and hazmat employees is
essential.
(b) Purpose.--The text of section 5101 is amended to read as
follows: `The purpose of this chapter is to protect against the risks
to life, property, and the environment that are inherent in the
transportation of hazardous material in intrastate, interstate, and
foreign commerce.'.
SEC. 7003. DEFINITIONS.
Section 5102 is amended--
(1) in paragraph (1)--
(A) by striking `or' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting `; or'; and
(C) by inserting at the end the following:
`(C) on a United States registered aircraft.';
(2) in paragraph (8) by striking `national response team'
each place it appears and inserting `National Response Team';
(3) by redesignating paragraphs (11), (12), and (13) as
paragraphs (12), (13), and (14), respectively; and
(4) by inserting after paragraph (10) the following:
`(11) ``Secretary'' means the Secretary of
Transportation.'.
SEC. 7004. GENERAL REGULATORY AUTHORITY.
(a) Technical Amendments.--Section 5103(a) is amended--
(1) by striking `etiologic agent,' and inserting
`infectious substance,'; and
(2) by striking `poison,' and inserting `toxic,'.
(b) Regulations for Safe Transportation.--Section 5103(b)(1)(A) is
amended--
(1) in clause (i) by striking `transporting' and inserting
`that transports';
(2) in clause (ii)--
(A) by striking `causing' and inserting `that
causes'; and
(B) by striking `or' at the end; and
(3) by striking clause (iii) and inserting the following:
`(iii) that designs, manufactures, fabricates,
inspects, marks, maintains, reconditions, repairs, or
tests a package or container that is represented,
marked, certified, or sold by that person as qualified
for use in transporting hazardous material in commerce;
`(iv) that prepares or accepts hazardous material
for transportation in commerce;
`(v) that is responsible for the safety of
transporting hazardous material in commerce;
`(vi) that certifies compliance with any
requirement of this chapter; or
`(vii) that misrepresents whether the person is
engaged in any of the activities described in this
subparagraph; and'.
(c) Technical Amendment.--Section 5103(b) is amended--
(1) by moving subparagraph (C) from the end of paragraph
(1) and inserting it after paragraph (2);
(2) by redesignating such subparagraph as paragraph (3);
and
(3) by moving such paragraph (3) 2 ems to the left.
SEC. 7005. CHEMICAL OR BIOLOGICAL MATERIALS.
Section 5103a(c) is amended--
(1) in paragraph (2) by striking `this subsection' and
inserting `paragraph (1)'; and
(2) by adding at the end the following:
`(3) Standards.--The Secretary shall prescribe by
regulation uniform standards (including standards used to
disqualify applicants) governing--
`(A) the collection by States of background
information authorized by paragraph (1);
`(B) the collection, transmission, and review of
background information; and
`(C) the notification of an applicant of the
results of the background check.
`(4) Fees.--A State may impose and collect an appropriate
fee to carry out paragraph (1) consistent with section 5125(f).
`(5) Operators registered in mexico and canada.--No
operator of a commercial motor vehicle (as defined in section
31101) licensed in Mexico or Canada may operate in the United
States a commercial motor vehicle transporting hazardous
material until the operator has undergone a background records
check similar to the background records check required of
operators of commercial motor vehicles licensed in the United
States to transport hazardous materials.'.
SEC. 7006. REPRESENTATION AND TAMPERING.
(a) Representation.--Section 5104(a) is amended--
(1) by striking `A person' and inserting `No person';
(2) in paragraph (1) by striking `only if' and all that
follows through `meets' and inserting `if it does not conform
to'; and
(3) in paragraph (2) by striking `only if' and inserting
`unless'.
(b) Tampering.--Section 5104(b) is amended by striking `A person
may not' and inserting `No person may'.
SEC. 7007. TECHNICAL AMENDMENTS.
(a) Elimination of Completed Study.--Section 5105 is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
(b) Classification of Explosives.--Section 5108(a)(1)(B) is amended
by striking `class A or B' and inserting `Division 1.1, 1.2, or 1.3'.
SEC. 7008. TRAINING OF CERTAIN EMPLOYEES.
Section 5107 is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(2) in subsection (g)(2) (as so redesignated) by striking
`sections 5106, 5108(a)-(g)(1) and (h), and 5109 of this title'
and inserting `section 5106'; and
(3) by inserting after subsection (e) the following:
`(f) Training of Certain Employees.--The Secretary shall ensure
that maintenance-of-way employees and railroad signalmen receive
general awareness/familiarization training and safety training pursuant
to section 172.704 of title 49, Code of Federal Regulations.'.
SEC. 7009. REGISTRATION.
(a) Persons Required to File.--Section 5108(a) is amended--
(1) in paragraph (2)(B) by striking `manufacturing,
fabricating, marking, maintaining, reconditioning, repairing,
or testing' and inserting `designing, manufacturing,
fabricating, inspecting, marking, maintaining, reconditioning,
repairing, or testing'; and
(2) by aligning the left margin of paragraph (4) with the
left margin of paragraph (3).
(b) Filing Schedule.--Section 5108(c) is amended--
(1) by striking the subsection heading and inserting
`Filing Schedule'; and
(2) in paragraph (1)--
(A) by striking `must file the first' and inserting
`shall file that';
(B) by striking `not later than March 31, 1992' and
inserting `in accordance with regulations issued by the
Secretary'; and
(C) by striking the second sentence.
(c) Fees.--Section 5108(g) is amended--
(1) in paragraph (1) by striking `may' and inserting
`shall';
(2) in paragraph (2)(A) by striking `$5,000' and inserting
`$3,000'; and
(3) by adding at the end the following:
`(3) Fees on exempt persons.--Notwithstanding subsection
(a)(4), the Secretary shall impose and collect a fee of $25
from a person who is required to register under this section
but who is otherwise exempted by the Secretary from paying any
fee under this section. The fee shall be used to pay the cost
of the Secretary in processing registration statements filed by
such persons.'.
(d) Relationship to Other Laws.--Section 5108(i)(2)(B) is amended
by inserting `, Indian tribe,' after `State' the first place it
appears.
(e) Hazmat Registration Notification.--As soon as practicable, the
Pipelines and Hazardous Materials Safety Administator of the Department
of Transportation shall transmit to the Federal Motor Carrier Safety
Administration hazardous material registrant information obtained
before, on, or after the date of enactment of this Act under section
5108 of title 49, United States Code, together with any Department of
Transportation identification number for each registrant.
SEC. 7010. PROVIDING SHIPPING PAPERS.
Section 5110 is amended--
(1) in subsection (a) by striking `under subsection (b) of
this section' and inserting `by regulation'; and
(2) in subsection (e) by striking `1 year' and inserting `2
years after the date of preparation of the shipping paper'.
SEC. 7011. RAIL TANK CARS.
Section 5111, and the item relating to such section in the analysis
for chapter 51, are repealed.
SEC. 7012. UNSATISFACTORY SAFETY RATING.
The text of section 5113 is amended to read as follows: `A person
who violates section 31144(c)(3) shall be subject to the penalties in
sections 5123 and 5124.'.
SEC. 7013. TRAINING CURRICULUM FOR THE PUBLIC SECTOR.
(a) Requirements.--Section 5115(b)(1)(C) is amended by striking
`under other United States Government grant programs, including those'
and inserting `with Federal financial assistance, including programs'.
(b) Training on Complying With Legal Requirements.--Section
5115(c)(3) is amended by inserting before the period at the end the
following: `and such other voluntary consensus standard-setting
organizations as the Secretary determines appropriate'.
(c) Distribution and Publication.--Section 5115(d) is amended--
(1) in the matter preceding paragraph (1) by striking
`national response team' and inserting `National Response
Team';
(2) in paragraph (1) by striking `Director of the Federal
Emergency Management Agency' and inserting `Secretary'; and
(3) in paragraph (2)--
(A) by inserting `and distribute' after `publish';
and
(B) by striking `programs that uses' and all that
follows before the period at the end and inserting
`programs and courses developed under this section'.
SEC. 7014. PLANNING AND TRAINING GRANTS, MONITORING, AND REVIEW.
(a) Factors to Consider in Determining Needs.--Section 5116(b)(4)
is amended--
(1) by striking `and' at the end of subparagraph (D);
(2) by redesignating subparagraph (E) as subparagraph (F);
and
(3) by inserting after subparagraph (D) the following:
`(E) the report submitted by the State to the Secretary
under section 5125(f)(2); and'.
(b) Compliance With Certain Law.--Section 5116(c) is amended--
(1) by inserting `or Indian tribe' after `a State';
(2) by inserting `or Indian tribe' after `the State' the
first place it appears; and
(3) by inserting `(1) the State or Indian tribe is
complying with all applicable requirements of this chapter
(including section 5125(f)), and (2) in the case of a State,'
after `certifies that'.
(c) Government's Share of Costs.--Section 5116(e) is amended by
striking the second sentence and inserting the following: `Amounts
received by the State or tribe under subsections (a)(1) and (b)(1) are
not part of the non-Government share under this subsection.'.
(d) Monitoring and Technical Assistance.--Section 5116(f) is
amended--
(1) in the first sentence--
(A) by striking `Secretaries of Transportation and
Energy,' and inserting `Secretary of Energy, Director
of the Federal Emergency Management Agency,'; and
(B) by striking `Director of the Federal Emergency
Management Agency shall' and inserting `Secretary of
Transportation shall'; and
(2) in the second sentence--
(A) by striking `the Secretaries, Administrator,
and Directors each shall' and inserting `the Secretary
shall'; and
(B) by striking `national response team' and
inserting `National Response Team'.
(e) Delegation of Authority.--Section 5116(g) is amended by
striking `Government grant programs' and inserting `Federal financial
assistance'.
(f) Hazardous Materials Emergency Preparedness Fund.--Section
5116(i) is amended--
(1) by striking the subsection heading and inserting
`Hazardous Materials Emergency Preparedness Fund.--';
(2) in the matter preceding paragraph (1)--
(A) by inserting `, to be known as the ``Hazardous
Materials Emergency Preparedness Fund'',' after
`account in the Treasury'; and
(B) by striking `section 5108(g)(2)(A) of this
title' and all that follows before the period at the
end of the first sentence and inserting `this chapter';
(3) by striking `and' at the end of paragraph (2);
(4) by redesignating paragraph (3) as paragraph (4); and
(5) by inserting after paragraph (2) the following:
`(3) to publish and distribute the Emergency Response
Guidebook; and'.
(g) Reports.--In section 5116(k)--
(1) by striking the first sentence and inserting the
following: `The Secretary shall submit to Congress and make
available to the public annually a report on the allocation and
uses of planning grants under subsection (a), training grants
under subsection (b), and grants under subsection (j) and under
section 5107.'; and
(2) in the second sentence by striking `Such report' and
inserting `The report'.
SEC. 7015. SPECIAL PERMITS AND EXCLUSIONS.
(a) Section Heading.--
(1) In general.--Section 5117 is amended by striking the
section number and heading and inserting the following:
`Sec. 5117. Special permits and exclusions'.
(2) Conforming amendment.--The item relating to section
5117 in the analysis for chapter 51 is amended to read as
follows:
`5117. Special permits and exclusions.'.
(b) Subsection Heading.--The heading for subsection (a) of section
5117 is amended by striking `Exempt' and inserting `Issue Special
Permits'.
(c) Authority to Issue Special Permits.--Section 5117(a)(1) is
amended--
(1) by striking `an exemption' and inserting `, modify, or
terminate a special permit authorizing a variance'; and
(2) by striking `transporting, or causing to be
transported, hazardous material' and inserting `performing a
function regulated by the Secretary under section 5103(b)(1)'.
(d) Period of Special Permit.--Section 5117(a)(2) is amended to
read as follows:
`(2) A special permit issued under this section shall be effective
for an initial period of not more than 2 years and may be renewed by
the Secretary upon application for an additional period of not more
than 4 years or, in the case of a special permit relating to section
5112, for an additional period of not more than 2 years.'.
(e) Applications.--Sections 5117(b) is amended--
(1) by striking `an exemption' each place it appears and
inserting `a special permit'; and
(2) by striking `the exemption' and inserting `the special
permit'.
(f) Dealing With Applications Promptly.--Section 5117(c) is amended
by striking `the exemption' each place it appears and inserting `the
special permit'.
(g) Limitation on Authority.--Section 5117(e) is amended--
(1) by striking `an exemption' and inserting `a special
permit'; and
(2) by striking `be exempt' and inserting `be granted a
variance'.
SEC. 7016. UNIFORM FORMS AND PROCEDURES.
Section 5119 is amended to read as follows:
`Sec. 5119. Uniform forms and procedures
`(a) Establishment of Working Group.--The Secretary shall establish
a working group of State and local government officials, including
representatives of the National Governors' Association, the National
Association of Counties, the National League of Cities, the United
States Conference of Mayors, the National Conference of State
Legislatures, and the Alliance for Uniform Hazmat Transportation
Procedures.
`(b) Purpose of Working Group.--The purpose of the working group
shall be to establish uniform forms and procedures for a State to
register, and to issue permits to, persons that transport, or cause to
be transported, hazardous material by motor vehicle in the State.
`(c) Limitation on Working Group.--The working group may not
propose to define or limit the amount of a fee a State may impose or
collect.
`(d) Procedure.--The Secretary shall develop a procedure by which
the working group shall harmonize existing State registration and
permit laws and regulations relating to the transportation of hazardous
materials, with special attention paid to each State's unique safety
concerns and interest in maintaining strong hazmat safety standards.
`(e) Report of Working Group.--Not later than 18 months after the
date of enactment of this subsection, the working group shall transmit
to the Secretary a report containing recommendations for establishing
uniform forms and procedures described in subsection (b).
`(f) Regulations.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall issue regulations to
carry out such recommendations of the working group as the Secretary
considers appropriate.
`(g) Limitation on Statutory Construction.--Nothing in this section
shall be construed as prohibiting a State from voluntarily
participating in a program of uniform forms and procedures until such
time as the Secretary issues regulations under subsection (f).'.
SEC. 7017. INTERNATIONAL UNIFORMITY OF STANDARDS AND REQUIREMENTS.
(a) Consultation.--Section 5120(b) is amended by inserting `and
requirements' after `standards'.
(b) Differences With International Standards and Requirements.--
Section 5120(c) is amended--
(1) in paragraph (1) by inserting `or requirement' after
`standard' each place it appears; and
(2) in paragraph (2)--
(A) by inserting `standard or' before `requirement'
each place it appears; and
(B) by striking `included in a standard'.
SEC. 7018. ADMINISTRATIVE.
(a) General Authority.--Section 5121(a) is amended--
(1) in the first sentence by inserting `conduct tests,'
after `investigate,';
(2) in the second sentence by striking `After' and
inserting `Except as provided in subsections (c) and (d),
after'; and
(3) by striking `regulation prescribed' and inserting
`regulation, order, special permit, or approval issued'.
(b) Records, Reports, and Information.--Section 5121(b) is
amended--
(1) in paragraph (1) by inserting `and property' after
`records'; and
(2) in paragraph (2)--
(A) by inserting `property,' after `records,';
(B) by inserting `for inspection' after
`available'; and
(C) by striking `requests' and inserting
`undertakes an investigation or makes a request'.
(c) Enhanced Authority to Discover Hidden Shipments of Hazardous
Material.--Section 5121(c) is amended to read as follows:
`(c) Inspections and Investigations.--
`(1) In general.--A designated officer, employee, or agent
of the Secretary--
`(A) may inspect and investigate, at a reasonable
time and in a reasonable manner, records and property
relating to a function described in section 5103(b)(1);
`(B) except in the case of packaging immediately
adjacent to its hazardous material contents, may gain
access to, open, and examine a package offered for, or
in, transportation when the officer, employee, or agent
has an objectively reasonable and articulable belief
that the package may contain a hazardous material;
`(C) may remove from transportation a package or
related packages in a shipment offered for or in
transportation for which--
`(i) such officer, employee, or agent has
an objectively reasonable and articulable
belief that the package may pose an imminent
hazard; and
`(ii) such officer, employee, or agent
contemporaneously documents such belief in
accordance with procedures set forth in
guidance or regulations prescribed under
subsection (e);
`(D) may gather information from the offeror,
carrier, packaging manufacturer or retester, or other
person responsible for the package, to ascertain the
nature and hazards of the contents of the package;
`(E) as necessary, under terms and conditions
specified by the Secretary, may order the offeror,
carrier, packaging manufacturer or retester, or other
person responsible for the package to have the package
transported to, opened, and the contents examined and
analyzed, at a facility appropriate for the conduct of
such examination and analysis; and
`(F) when safety might otherwise be compromised,
may authorize properly qualified personnel to assist in
the activities conducted under this subsection.
`(2) Display of credentials.--An officer, employee, or
agent acting under this subsection shall display proper
credentials when requested.
`(3) Safe resumption of transportation.--In instances when,
as a result of an inspection or investigation under this
subsection, an imminent hazard is not found to exist, the
Secretary, in accordance with procedures set forth in
regulations prescribed under subsection (e), shall assist--
`(A) in the safe resumption of transportation of
the package concerned; or
`(B) in any case in which the hazardous material
being transported is perishable, in the safe and
expeditious resumption of transportation of the
perishable hazardous material.'.
(d) Emergency Authority for Hazardous Material Transportation.--
Section 5121 is amended--
(1) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (c) the following:
`(d) Emergency Orders.--
`(1) In general.--If, upon inspection, investigation,
testing, or research, the Secretary determines that either a
violation of a provision of this chapter or a regulation issued
under this chapter, or an unsafe condition or practice,
constitutes or is causing an imminent hazard, the Secretary may
issue an emergency order, without notice or the opportunity for
a hearing, but only to the extent necessary to abate the
imminent hazard.
`(2) Written orders.--An emergency order issued under
paragraph (1) shall be in writing, describe the violation,
condition, or practice that is causing the imminent hazard, and
state the restrictions, prohibitions, recalls, or out-of-
service orders issued. The emergency order also shall describe
the standards and procedures for obtaining relief from the
order.
`(3) Opportunity for review.--After issuing an emergency
order under paragraph (1), the Secretary shall provide an
opportunity for review of the order under section 554 of title
5 if a petition for review is filed within 20 calendar days
after the date of issuance of the order.
`(4) Expiration of effectiveness of emergency order.--If a
petition for review is filed for an order and the review is not
completed by the end of the 30-day period beginning on the date
the petition was filed, the order shall cease to be effective
at the end of that period unless the Secretary determines in
writing that the emergency situation still exists.
`(e) Guidance and Regulations.--
`(1) Guidance.--Not later than 60 days after the date of
enactment of the Transportation Equity Act: A Legacy for Users,
the Secretary shall issue interim guidance to carry out
subsections (c) and (d).
`(2) Regulations.--Not later than 1 year after such date of
enactment, the Secretary shall issue regulations to carry out
subsections (c) and (d) in accordance with subchapter II of
chapter 5 of title 5.'.
(e) Report.--Section 5121(g) (as redesignated by subsection (d)(1)
of this section) is amended--
(1) in the matter preceding paragraph (1) by striking
`submit to the President for transmittal to the Congress' and
inserting `transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate'; and
(2) in paragraph (4) by inserting `relating to a function
regulated by the Secretary under section 5103(b)(1)' after
`activities'.
(f) Repeal of Obsolete Provision.--Section 5118, and the item
relating to such section in the analysis for chapter 51, are repealed.
SEC. 7019. ENFORCEMENT.
(a) General.--Section 5122(a) is amended by striking the second
sentence and inserting `The court may award appropriate relief,
including a temporary or permanent injunction, punitive damages, and
assessment of civil penalties considering the same penalty amounts and
factors as prescribed for the Secretary in an administrative case under
section 5123.'.
(b) Imminent Hazards.--Section 5122(b)(1)(B) is amended by striking
`or ameliorate the' and inserting `or mitigate the'.
SEC. 7020. CIVIL PENALTY.
(a) Penalty.--Section 5123(a) is amended--
(1) in paragraph (1)--
(A) by striking `regulation prescribed or order
issued' and inserting `regulation, order, special
permit, or approval issued'; and
(B) by striking `$25,000' and inserting `$50,000';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
`(2) If the Secretary finds that a violation under paragraph (1)
results in death, serious illness, or severe injury to any person or
substantial destruction of property, the Secretary may increase the
amount of the civil penalty for such violation to not more than
$100,000.'.
(b) Hearing Requirement.--Section 5123(b) is amended by striking
`regulation prescribed' and inserting `regulation, order, special
permit, or approval issued'.
(c) Civil Actions to Collect.--Section 5123(d) is amended by adding
at the end the following: `In such action, the validity, amount, and
appropriateness of the civil penalty shall not be subject to review.'.
(d) Compromise.--Section 5123(e) is amended by striking `before
referral to the Attorney General'.
SEC. 7021. CRIMINAL PENALTY.
Section 5124 is amended to read as follows:
`Sec. 5124. Criminal penalty
`(a) In General.--A person knowingly violating section 5104(b) or
willfully or recklessly violating this chapter or a regulation, order,
special permit, or approval issued under this chapter shall be fined
under title 18, imprisoned for not more than 5 years, or both; except
that the maximum amount of imprisonment shall be 10 years in any case
in which the violation involves the release of a hazardous material
that results in death or bodily injury to any person.
`(b) Knowing Violations.--For purposes of this section--
`(1) a person acts knowingly when--
`(A) the person has actual knowledge of the facts
giving rise to the violation; or
`(B) a reasonable person acting in the
circumstances and exercising reasonable care would have
that knowledge; and
`(2) knowledge of the existence of a statutory provision,
or a regulation or a requirement required by the Secretary, is
not an element of an offense under this section.
`(c) Willful Violations.--For purposes of this section, a person
acts willfully when--
`(1) the person has knowledge of the facts giving rise to
the violation; and
`(2) the person has knowledge that the conduct was
unlawful.
`(d) Reckless Violations.--For purposes of this section, a person
acts recklessly when the person displays a deliberate indifference or
conscious disregard to the consequences of that person's conduct.'.
SEC. 7022. PREEMPTION.
(a) Dual Compliance and Obstacle Tests.--Section 5125(a) is amended
by striking the subsection heading and inserting `Dual Compliance and
Obstacle Tests.--'.
(b) Substantive Differences.--The second sentence of section
5125(b)(2) is amended by striking `after November 16, 1990'.
(c) Decisions on Preemption.--The third sentence of section
5125(d)(1) is amended by inserting `and publish in the Federal
Register' after `issue'.
(d) Independent Application of Each Standard.--Section 5125 is
amended by inserting after subsection (f), as redesignated by section
7024(a)(2) of this Act, the following:
`(g) Independent Application of Each Standard.--Subsections (b),
(c)(1), (d), and (g) are independent in their application to a
requirement of any State, political subdivision of a State, or Indian
tribe and shall be reviewed independently.'.
SEC. 7023. RELATIONSHIP TO OTHER LAWS.
Section 5126(a) is amended by striking `must comply' and inserting
`shall comply'.
SEC. 7024. JUDICIAL REVIEW.
(a) Repeal.--Section 5125 is amended--
(1) by striking subsection (f);
(2) by redesignating subsection (g) as subsection (f); and
(3) in subsection (f) (as so redesignated) by moving
paragraph (2) (including subparagraphs (A) through (D)) 2 ems
to the left.
(b) Judicial Review.--Chapter 51 is amended by redesignating
section 5127 as section 5128 and by inserting after section 5126 the
following:
`Sec. 5127. Judicial review
`(a) Filing and Venue.--Except as provided in section 20114(c), a
person adversely affected or aggrieved by a final action of the
Secretary under this chapter may petition for review of the final
action in the United States Court of Appeals for the District of
Columbia or in the court of appeals for the United States for the
circuit in which the person resides or has its principal place of
business. The petition must be filed not more than 60 days after the
Secretary's action becomes final.
`(b) Judicial Procedures.--When a petition is filed under
subsection (a), the clerk of the court immediately shall send a copy of
the petition to the Secretary. The Secretary shall file with the court
a record of any proceeding in which the final action was issued, as
provided in section 2112 of title 28.
`(c) Authority of Court.--The court has exclusive jurisdiction, as
provided in subchapter II of chapter 5 of title 5, to affirm or set
aside any part of the Secretary's final action and may order the
Secretary to conduct further proceedings. Findings of fact by the
Secretary, if supported by substantial evidence, are conclusive.
`(d) Requirement for Prior Objection.--In reviewing a final action
under this section, the court may consider an objection to a final
action of the Secretary only if the objection was made in the course of
a proceeding or review conducted by the Secretary or if there was a
reasonable ground for not making the objection in the proceeding.'.
(c) Conforming Amendment.--The analysis for chapter 51 is amended
by striking the item relating to section 5127 and inserting the
following:
`5127. Judicial review.
`5128. Authorization of appropriations.'.
SEC. 7025. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 (as redesignated by section 7024) is amended to read
as follows:
`Sec. 5128. Authorizations of appropriations
`(a) In General.--In order to carry out this chapter (except
sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119), the
following amounts are authorized to be appropriated to the Secretary:
`(1) For fiscal year 2005, $27,000,000.
`(2) For fiscal year 2006, $29,000,000.
`(3) For fiscal year 2007, $30,000,000.
`(b) Emergency Preparedness Fund.--There shall be available to the
Secretary, from the account established pursuant to section 5116(i),
for each of fiscal years 2005 through 2007 the following:
`(1) To carry out section 5115, $200,000.
`(2) To carry out section 5116(a), $8,000,000.
`(3) To carry out section 5116(b), $13,800,000.
`(4) To carry out section 5116(f), $150,000.
`(5) To publish and distribute the Emergency Response
Guidebook under section 5116(i)(3), $500,000.
`(6) To pay administrative expenses in accordance with
section 5116(i)(4), $150,000.
`(7) To carry out section 5116(j), $1,000,000.
`(c) Training of Hazmat Employee Instructors.--There shall be
available to the Secretary, from the account established pursuant to
section 5116(i), to carry out section 5107(e) $4,000,000 for each of
fiscal years 2005 through 2007.
`(d) Uniform Forms and Procedures.--There is authorized to be
appropriated to the Secretary for making grants to States participating
in the working group established under section 5119 $1,000,000 for each
of the fiscal years 2005 and 2006.
`(e) Issuance of Hazmat Licenses.--There are authorized to be
appropriated for the Department of Transportation such amounts as may
be necessary to carry out section 5103a.
`(f) Credits to Appropriations.--The Secretary may credit to any
appropriation to carry out this chapter an amount received from a
State, Indian tribe, or other public authority or private entity for
expenses the Secretary incurs in providing training to the State,
authority, or entity.
`(g) Availability of Amounts.--Amounts made available by or under
this section remain available until expended.'.
SEC. 7026. DETERMINING AMOUNT OF UNDECLARED SHIPMENTS OF HAZARDOUS
MATERIALS ENTERING THE UNITED STATES.
(a) Study.--The Comptroller General shall conduct a study to
propose methods of determining the amount of undeclared shipments of
hazardous materials (as defined in section 5101 of title 49, United
States Code) entering the United States.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study.
SEC. 7027. CONFORMING AMENDMENTS.
Chapter 51 is amended by striking `Secretary of Transportation'
each place it appears (other than the second place it appears in
section 5108(g)(2)(C), the first place it appears in section 5115(a),
and in sections 5116(g), 5116(i), and 5120(a)) and inserting
`Secretary'.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE
SEC. 8001. POLICY.
This title will continue sections 8101 and 8103 of the
Transportation Equity Act for the 21st Century that guarantee that
specific levels of authorized funding will be available for obligation
each year by continuing the highway category budgetary firewall, which
protects the Federal-aid highway program's obligation limitation, the
programs of the Federal Motor Carrier Safety Administration, and the
portion of the National Highway Traffic Safety Administration's
programs funded from the Highway Trust Fund, and the mass transit
category budgetary firewall, which protects the portion of the Federal
Transit Administration programs funded from the Mass Transit Account of
the Highway Trust Fund and the portion of such programs funded from the
general fund of the Treasury.
<all>