[Congressional Record Volume 150, Number 11 (Tuesday, February 3, 2004)]
[Senate]
[Pages S393-S515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SAFE, ACCOUNTABLE, FLEXIBLE, AND EFFICIENT TRANSPORTATION EQUITY ACT OF
2003
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1072) to authorize funds for Federal-aid
highways, highway safety programs, and transit programs, and
for other purposes, which had been reported from the
Committee on Environment and Public Works, with an amendment
to strike all after the enacting clause and inserting in lieu
thereof the following:
(Strike the part shown in black brackets and insert the part shown in
Italic.)
S. 1072
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 ``Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2003''.
[(b) Table of Contents.--The table of contents of this Act
is as follows:
[Sec. 1. Short title; table of contents.
[Sec. 2. Definitions.
[TITLE I--FEDERAL-AID HIGHWAYS
[Subtitle A--Funding
[Sec. 1101. Authorization of appropriations.
[Sec. 1102. Obligation ceiling.
[Sec. 1103. Apportionments.
[Sec. 1104. Minimum guarantee.
[Sec. 1105. Revenue aligned budget authority.
[Subtitle B--New Programs
[Sec. 1201. Infrastructure performance and maintenance program.
[Sec. 1202. Clarify federal-aid eligibility for certain security
projects.
[Sec. 1203. Future of the Interstate Highway System.
[Sec. 1204. Military vehicle access (oversize and overweight vehicles;
--relief from tolls).
[Sec. 1205. Freight transportation gateways; freight intermodal
connections.
[Sec. 1206. Authority for alternative time-saving procedures for --
critical transportation security projects.
[Subtitle C--Finance
[Sec. 1301. Federal share.
[Sec. 1302. Transfer of highway and transit funds.
[Sec. 1303. State infrastructure bank pilot program.
[Sec. 1304. Transportation Infrastructure Finance and Innovation Act --
(TIFIA) Amendments.
[Sec. 1305. International registration plan and international fuel tax
agreement facilitation.
[Sec. 1306. Commercialized rest area pilot projects.
[Sec. 1307. Highway use tax evasion projects.
[Subtitle D--Program Efficiencies and Improvements--Safety
[Sec. 1401. National highway safety goal; national Blue Ribbon
Commission on Highway Safety.
[Sec. 1402. Highway Safety Improvement Program.
[Sec. 1403. Operation lifesaver.
[Sec. 1404. Highway safety programs; certification of public road
mileage.
[Subtitle E--Program Efficiencies and Improvements--Planning
[Sec. 1501. Metropolitan planning.
[Sec. 1502. Statewide planning.
[Sec. 1503. State planning and research.
[Sec. 1504. Critical real property acquisition.
[Sec. 1505. Planning capacity building initiative.
[Subtitle F--Program Efficiencies and Improvements--Environment
[Sec. 1601. Congestion Mitigation and Air Quality Improvement Program.
[Sec. 1602. Efficient environmental reviews for project decisionmaking.
[Sec. 1603. Assumption of responsibility for categorical exclusions.
[Sec. 1604. Section 4(f) policy on lands, wildlife and waterfowl
refuges, and historic sites.
[Sec. 1605. National Scenic Byways Program.
[Sec. 1606. Recreational Trails Program.
[Sec. 1607. Exemption of the Interstate System.
[Sec. 1608. Modifications to NHS/STP for invasive species, wetlands,
brownfields, and environmental restoration.
[Sec. 1609. Standards.
[Sec. 1610. Use of HOV lanes.
[Sec. 1611. Bicycle transportation and pedestrian walkways.
[Sec. 1612. Transportation, energy, and environment.
[Sec. 1613. Idling reduction facilities in interstate rights-of-way.
[Sec. 1614. Appropriation for transportation purposes of lands or
interest in lands owned by the United States.
[Sec. 1615. Toll programs.
[Sec. 1616. Ozone standards, particulate matter standards, and regional
haze program.
[Sec. 1617. Indemnification on certain railbanked projects.
[Subtitle G.--Program Efficiencies and Improvements--Operations
[Sec. 1701. Transportation systems management and operations.
[Sec. 1702. Real-Time System Management Information Program.
[Sec. 1703. Intelligent transportation systems performance incentive
program.
[Sec. 1704. Commercial vehicle information systems and networks
deployment.
[Subtitle H--Program Efficiencies and Improvements--Federal-Aid
Stewardship
[Sec. 1801. Surface Transportation System Performance Pilot Program.
[Sec. 1802. Stewardship and oversight.
[Sec. 1803. Emergency relief.
[Sec. 1804. Federal Lands Highways Program.
[Sec. 1805. Appalachian Development Highway System.
[Sec. 1806. Multi-State Corridor Planning Program.
[Sec. 1807. Border Planning, Operations, and Technology Program.
[Sec. 1808. Territorial Highway Program amendments.
[Sec. 1809. Future interstate system routes.
[Sec. 1810. Donations and credits.
[Sec. 1811. Disadvantaged business enterprises.
[Sec. 1812. Highway Bridge Program.
[Sec. 1813. Design-build.
[Sec. 1814. International ferries.
[Sec. 1815. Assumption of responsibility for transportation
enhancements, recreational trails, and Transportation and
Community and System Preservation Program projects.
[Sec. 1816. Transportation, Community, and System Preservation Program.
[Sec. 1817. Program efficiencies--Finance.
[Subtitle I--Technical Corrections to Title 23, U.S.C.
[Sec. 1901. Repeal or update of obsolete text.
[Sec. 1902. Clarification of date.
[Sec. 1903. Inclusion of requirements for signs identifying funding
sources in title 23.
[Sec. 1904. Inclusion of ``Buy America'' requirements in title 23.
[Sec. 1905. Technical amendments to 23 U.S.C. 140--Nondiscrimination.
[Sec. 1906. Federal share payable for projects for elimination of
hazards of railway-highway crossings.
[TITLE II--HIGHWAY SAFETY
[Sec. 2001. Highway safety programs.
[Sec. 2002. Highway safety research and development.
[Sec. 2003. Emergency medical services.
[Sec. 2004. State traffic safety information system improvements.
[Sec. 2005. Authorization of appropriations.
[Sec. 2006. Repeal of obsolete provisions of title 23.
[TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
[Sec. 3001. Short title.
[Sec. 3002. Updated terminology; amendments to title 49, United States
Code.
[Sec. 3003. Policies, findings, and purposes.
[Sec. 3004. Definitions.
[Sec. 3005. Metropolitan planning.
[Sec. 3006. Statewide planning.
[Sec. 3007. Planning programs.
[Sec. 3008. Private enterprise participation.
[Sec. 3009. Urbanized Area Public Transportation Formula Grants
Program.
[Sec. 3010. Formula grants for other than urbanized areas.
[Sec. 3011. New Freedom program.
[Sec. 3012. Major capital investment program.
[Sec. 3013. Research, development, demonstration, and deployment
projects.
[Sec. 3014. Cooperative research grant program.
[Sec. 3015. National research programs.
[Sec. 3016. National Transit Institute.
[Sec. 3017. Bus testing facility.
[Sec. 3018. Bicycle facilities.
[Sec. 3019. Suspended light rail technology pilot project.
[Sec. 3020. General provisions on assistance.
[Sec. 3021. Special provisions for capital projects.
[Sec. 3022. Contract requirements.
[[Page S394]]
[Sec. 3023. Human resources programs.
[Sec. 3024. Project management oversight and review.
[Sec. 3025. Project review.
[Sec. 3026. Investigations of safety and security risk.
[Sec. 3027. State safety oversight.
[Sec. 3028. Sensitive security information.
[Sec. 3029. Terrorist attacks and other acts of violence against public
transportation systems.
[Sec. 3030. Controlled substances and alcohol misuse testing.
[Sec. 3031. Employee protective arrangements.
[Sec. 3032. Administrative procedures.
[Sec. 3033. Reports and audits.
[Sec. 3034. Apportionments of appropriations for formula grants.
[Sec. 3035. Apportionments based on fixed guideway factors.
[Sec. 3036. Authorizations.
[Sec. 3037. National parks and public lands legacy project.
[Sec. 3038. Over-the-road bus accessibility program.
[Sec. 3039. Formula grants for special needs of elderly individuals and
individuals with disabilities.
[Sec. 3040. Job access and reverse commute.
[TITLE IV--MOTOR CARRIER SAFETY
[Sec. 4001. Authorization of appropriations.
[Sec. 4002. Motor carrier safety grants.
[Sec. 4003. Hobbs Act.
[Sec. 4004. Penalty for denial of access to records.
[Sec. 4005. Medical review board and medical examiners.
[Sec. 4006. Enforcement of household goods regulations.
[Sec. 4007. Registration of commercial motor carriers, freight
forwarders, and brokers.
[Sec. 4008. Financial responsibility for private motor carriers.
[Sec. 4009. Increased penalties for out-of-service violations and false
records.
[Sec. 4010. Elimination of commodity and service exemptions.
[Sec. 4011. Intrastate operations of interstate motor carriers.
[Sec. 4012. Authority to stop commercial motor vehicles.
[Sec. 4013. Pattern of safety violations by motor carrier management.
[Sec. 4014. Motor carrier research and technology program.
[Sec. 4015. International cooperation.
[Sec. 4016. Performance and Registration Information System Management
(PRISM).
[Sec. 4017. Information systems and data analysis.
[Sec. 4018. Outreach and education.
[TITLE V--TRANSPORTATION RESEARCH AND EDUCATION
[Subtitle A--Funding
[Sec. 5101. Authorization of appropriations.
[Subtitle B--Research, Technology, and Education
[Sec. 5201. Research, technology, and education.
[Sec. 5202. Surface transportation environment and planning cooperative
research program.
[Sec. 5203. Long-term bridge performance program; innovative bridge
research and deployment program.
[Sec. 5204. Technology deployment.
[Sec. 5205. Training and education.
[Sec. 5206. Advanced travel forecasting procedures program.
[Subtitle C--Multimodal Research Programs; Scholarship Opportunities
[Sec. 5301. University transportation research.
[Sec. 5302. Multimodal research program.
[Sec. 5303. Commercial remote sensing products.
[Sec. 5304. Transportation scholarship opportunities program.
[Subtitle D--Transportation Data and Analysis
[Sec. 5401. Bureau of transportation statistics.
[Subtitle E--Intelligent Transportation Systems Research
[Sec. 5501. Short title.
[Sec. 5502. Goals and purposes.
[Sec. 5503. General authorities and requirements.
[Sec. 5504. National architecture and standards.
[Sec. 5505. Research and development.
[Sec. 5506. Use of funds.
[Sec. 5507. Definitions.
[Sec. 5508. Repeal.
[TITLE VI--TRANSPORTATION PLANNING; INTERMODAL FACILITIES
[Sec. 6001. Transportation planning.
[Sec. 6002. Intermodal passenger facilities.
[TITLE VII--MISCELLANEOUS
[Subtitle A--Railroads
[Sec. 7101. Rail corridor planning.
[Sec. 7102. High speed rail authorizations.
[Subtitle B--Miscellaneous Technical Corrections to Title 49
[Sec. 7201. Correction of obsolete references to Interstate Commerce
Commission.
[Subtitle C--Hazardous Material Transportation
[Sec. 7301. Definitions.
[Sec. 7302. Representations and tampering with hazardous material-
packaging.
[Sec. 7303. Hazardous material transportation safety and security.
[Sec. 7304. Administrative authority for transportation service and --
infrastructure assurance research.
[Sec. 7305. Postal Service Civil Penalty Authority.
[Sec. 7306. Registration.
[Sec. 7307. Shipping paper retention.
[Sec. 7308. Planning and training grants.
[Sec. 7309. Enforcement.
[Sec. 7310. Penalties.
[Sec. 7311. Emergency waiver of preemption.
[Sec. 7312. Judicial review.
[Subtitle D--Sanitary Food Transportation
[Sec. 7401. Short title.
[Sec. 7402. Responsibilities of the Secretary of Health and Human
Services.
[Sec. 7403. Department of Transportation Requirements.
[Sec. 7404. Effective date of the subtitle.
[Subtitle E--Sport Fishing and Boating Safety
[Sec. 7501. Sport fish restoration account amendments.
[TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET
OFFSETS
[Sec. 8101. Discretionary spending categories.
[Sec. 8102. Level of obligation limitations.
[Sec. 8103. Effectiveness of title.
[TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
[Sec. 9001. Short title; amendment of 1986 Code.
[Sec. 9002. Extension of highway-related taxes and trust fund.
[Sec. 9003. Extension of tax benefits for alcohol fuels.
[Sec. 9004. Private activity bonds for surface transportation
infrastructure.
[Sec. 9005. All alcohol fuel taxes transferred to highway trust fund.
[Sec. 9006. Transfer from highway trust fund to boat safety account.
[Sec. 9007. Extension of small-engine fuel taxes transferred to sport -
-fish restoration account.
[Sec. 9008. Technical correction.
[Sec. 9009. Transfer by registered pipeline, vessel, or barge required
for fuel tax exemption of bulk transfers to registered
terminals or refineries; display of registration
requirement.
[Sec. 9010. Returns filed electronically.
[Sec. 9011. Civil penalty for refusal of entry.
[Sec. 9012. Requirement of tax payment decal; elimination of
installment payments of highway use tax.
[Sec. 9013. Additional rules regarding inspections of records.-
[SEC. 2. DEFINITIONS.
[In this Act, the following definitions apply:
[(1) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning such
term has under section 5203(b) of title 49, United States
Code, as added by section 6001 of this Act.
[(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
[(3) Transportation equity act for the 21st century.--The
term ``Transportation Equity Act for the 21st Century'' means
the Transportation Equity Act for the 21st Century, Public
Law 105-178, as amended by the TEA 21 Restoration Act, title
IX of Public Law 105-206.
[TITLE I--FEDERAL-AID HIGHWAYS
[Subtitle A--Funding
[SEC. 1101. 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) Interstate maintenance program.--For the Interstate
maintenance program under section 119 of title 23, United
States Code, $4,100,000,000 for fiscal years 2004 and 2005,
$4,200,000,000 for fiscal year 2006, $4,400,000,000 for
fiscal year 2007, $4,500,000,000 for fiscal year 2008, and
$4,700,000,000 for fiscal year 2009.
[(2) National highway system.--For the National Highway
System under section 103 of such title $5,000,000,000 for
fiscal years 2004 and 2005, $5,100,000,000 for fiscal year
2006, $5,200,000,000 for fiscal year 2007, $5,400,000,000 for
fiscal year 2008, and $5,500,000,000 for fiscal year 2009.
[(3) Bridge program.--For the bridge program under section
144 of such title $3,400,000,000 for fiscal year 2004,
$3,500,000,000 for fiscal year 2005, $3,700,000,000 for
fiscal year 2006, $3,800,000,000 for fiscal year 2007,
$3,900,000,000 for fiscal year 2008, and $4,000,000,000 for
fiscal year 2009.
[(4) Surface transportation program.--For the surface
transportation program under section 133 of such title
$5,102,000,000 for fiscal year 2004, $5,202,000,000 for
fiscal year 2005, $5,402,000,000 for fiscal year 2006,
$5,514,000,000 for fiscal year 2007, $5,714,000,000 for
fiscal year 2008, and $5,807,000,000 for fiscal year 2009.
[(5) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program under section 149 of such title
$1,100,000,000 for fiscal year 2004, $1,462,000,000 for
fiscal year 2005, $1,500,000,000 for fiscal year 2006,
$1,600,000,000 for fiscal years 2007 through 2009.
[(6) Highway safety improvement program.--For the highway
safety improvement
[[Page S395]]
program under section 150 of such title $1,000,000,000 for
fiscal year 2004, $1,100,000,000 for fiscal year 2005,
$1,200,000,000 for fiscal year 2006, $1,300,000,000 for
fiscal year 2007, $1,400,000,000 for fiscal year 2008, and
$1,500,000,000 for fiscal year 2009.
[(7) Appalachian development highway system program.--For
the Appalachian development highway system program under
section 201 of the Appalachian Regional Development Act of
1965 (40 U.S.C. App.) $450,000,000 for each of fiscal years
2004 through 2009.
[(8) Recreational trails program.--For the recreational
trails program under section 206 of such title $60,000,000
for each of fiscal years 2004 through 2009.
[(9) Federal lands highways program.--
[(A) Indian reservation roads.--For Indian reservation
roads under section 204 of such title $333,000,000 for each
of fiscal years 2004 through 2009.
[(B) Recreation roads.--For recreation roads under section
204 of such title $50,000,000 for each of fiscal years 2004
through 2009.
[(C) Park roads and parkways.--For park roads and parkways
under section 204 of such title, $300,000,000 for fiscal year
2004, $310,000,000 for fiscal year 2005, and $320,000,000 for
each of fiscal years 2006 through 2009.
[(D) Refuge roads.--For refuge roads under section 204 of
such title $30,000,000 for each of fiscal years 2004 through
2009.
[(E) Forest highways.--For forest highways under section
204 of such title $200,000,000 for each of fiscal years 2004
through 2009.
[(F) Safety.--For safety under section 204 of such title
$40,000,000 for each of fiscal years 2004 through 2009.
[(10) Multi-state corridor planning program.--For the
multi-state corridor planning program under section 1806 of
this Act $76,500,000 for fiscal year 2004 and $84,000,000 for
each of fiscal years 2005 through 2009.
[(11) Border planning, operations, and technology
program.--For the border planning, operations, and technology
program under section 1807 of this Act $76,500,000 for fiscal
year 2004 and $84,000,000 for each of fiscal years 2005
through 2009.
[(12) National scenic byways program.--For the national
scenic byways program under section 162 of title 23, United
States Code, $31,500,000 for each of fiscal years 2004
through 2009.
[(13) Intelligent transportation systems performance
incentive program.--For carrying out the intelligent
transportation systems performance incentive program under
section 1703 of this Act, $135,000,000 for each of fiscal
years 2004 through 2009.
[(14) Highway use tax evasion projects.--For highway use
tax evasion projects under section 143 of such title,
$26,550,000 for fiscal year 2004, $54,500,000 for each of
fiscal years 2005 and 2006, $44,500,000 for fiscal year 2007,
and $11,000,000 for each of fiscal years 2008 and 2009.
[(15) Commercial vehicle information systems and networks
deployment.--For carrying out the Commercial Vehicle
Information Systems and Networks Deployment program under
section 1704 of this Act, $25,000,000 for each of fiscal
years 2004 through 2009.
[(16) Infrastructure performance and maintenance program.--
For carrying out the infrastructure performance and
maintenance program under section 1201 of this Act,
$1,000,000,000 for each of fiscal years 2004 through 2009.
[SEC. 1102. OBLIGATION CEILING.
[(a) General Limitation.--Notwithstanding any other
provision of law, but subject to subsections (f) and (g), the
obligations for Federal-aid highway and highway safety
construction programs shall not exceed--
[(1) $29,293,948,000 for fiscal year 2004;
[(2) $30,265,000,000 for fiscal year 2005;
[(3) $31,326,000,000 for fiscal year 2006;
[(4) $32,257,000,000 for fiscal year 2007;
[(5) $33,104,000,000 for fiscal year 2008; and
[(6) $33,903,000,000 for fiscal year 2009.
[(b) Exceptions.--The limitations under subsection (a)
shall not apply to obligations under--
[(1) section 125 of title 23, United States Code;
[(2) section 147 of the Surface Transportation Assistance
Act of 1978;
[(3) section 9 of the Federal-Aid Highway Act of 1981;
[(4) sections 131(b) and 131(j) of the Surface
Transportation Assistance Act of 1982;
[(5) sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987;
[(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991;
[(7) section 157 of title 23, United States Code, as in
effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century;
[(8) section 105 of title 23, United States Code (but, for
each of fiscal years 2004 through 2009), only in an amount
equal to $639,000,000 per fiscal year; and
[(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) reserve obligation authority provided by subsection
(a) for such fiscal year for amounts authorized for
administrative expenses, programs funded from the
administrative takedown authorized by section 104(a) of title
23, United States Code, the infrastructure performance and
maintenance program, and for each of the programs that are
allocated by the Secretary under this Act and title 23,
United States Code;
[(2) reserve the obligation authority provided by
subsection (a) less the amounts reserved under paragraph (1)
for section 201 of the Appalachian Regional Development Act
of 1965, and $2,000,000,000 for such fiscal year under
section 105 of such title (relating to minimum guarantee);
and
[(3) distribute the obligation authority provided by
subsection (a) less the aggregate amounts not reserved under
paragraph (1) and (2) for Federal-aid highway and highway
safety construction programs (other than the minimum
guarantee program, but only to the extent that amounts
apportioned for the minimum guarantee program for such fiscal
year exceed $2,639,000,000, and the Appalachian development
highway system program) that are apportioned by the Secretary
under this Act and title 23, United States Code, in the ratio
that--
[(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 a State will not obligate the amount
distributed during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts
in addition to those previously distributed during that
fiscal year, giving priority to those States having large
unobligated balances of funds apportioned under sections 104
and 144 of title 23, United States Code.
[(e) Applicability of Obligation Limitations to
Transportation Research Programs.--Obligation limitations
imposed by subsection (a) shall apply to transportation
research programs carried out under chapter 5 of title 23,
United States Code, and under title V of this Act; except
that obligation authority made available for such programs
under such limitations shall remain available for a period of
3 fiscal years and shall be in addition to the amount of any
limitation imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal years.
[(f) Special Rule.--Obligation authority distributed for a
fiscal year under subsection (c)(2) for a section set forth
in subsection (c)(2) shall remain available until used for
obligation of funds for such section and shall be in addition
to the amount of any limitation imposed on obligations for
Federal-aid highway and highway safety construction programs
for future fiscal years.
[(g) Adjustment in Obligation Limit.--Limitations on
obligations imposed by subsection (a) for a fiscal year shall
be adjusted by an amount equal to the amount determined
pursuant to section 251(b)(1)(B) of the Balanced Budget
and Emergency Deficit Control Act of 1985 for such fiscal
year, as amended by this Act. Any such adjustment shall be
distributed in accordance with this section.
[(h) Limitations on Obligations for Administrative
Expenses.--Notwithstanding any other provision of law, the
total amount of all obligations under section 104(a) of title
23, United States Code, shall not exceed--
[(1) $350,000,000 for fiscal year 2004;
[(2) $380,000,000 for fiscal year 2005;
[(3) $400,000,000 for fiscal year 2006;
[(4) $420,000,000 for fiscal year 2007;
[(5) $440,000,000 for fiscal year 2008; and
[(6) $460,000,000 for fiscal year 2009.
[SEC. 1103. APPORTIONMENTS.
[(a) Administrative Expenses.--Section 104(a) of title 23,
United States Code, as amended by this Act, is further
amended in paragraph (1) by striking ``1 1/6'' and inserting
``1.4''.
[(b) Metropolitan Planning.--Section 104(f) of title 23,
United States Code, is amended--
[(1) in paragraph (1), by striking ``not to exceed''; and
by striking ``authorized under this title'' and inserting
``identified in such subsection, except for the Federal lands
highway program and the Appalachian development highway
program'';
[(2) in paragraph (2), by striking ``per centum'' and
inserting ``percent'';
[(3) in paragraph (3), by striking ``These funds shall be
matched in accordance with section 120(b) unless the
Secretary determines that the interests of the Federal-aid
highway program would be best served without such matching.''
and inserting ``Any funds that are not used to carry out
section 134 of this title may be made available by a
metropolitan planning organization to the State to fund
activities under section 135.''; and
[(4) by adding the following after paragraph (5):
[``(6) Federal share.--Funds apportioned to a State under
this subsection shall be matched in accordance with section
120(b) unless the Secretary determines that the interests of
the Federal-aid highway program
[[Page S396]]
would be best served without such matching.''.
[(c) State Defined.--Section 1103(n) of the Transportation
Equity Act for the 21st Century (Public Law 105-178) is
repealed.
[(d) Executive Office Complex.--Section 104 of title 23,
United States Code, is amended by adding after subsection
(q), as added by this Act, the following:
[``(r) Executive Office Complex.--On October 1 of each
fiscal year for fiscal years 2004 through 2009, the
Secretary, after making the deductions authorized by
subsections (a) and (f), shall set aside $2,000,000 for each
of fiscal years 2004 through 2006, $14,000,000 for each of
fiscal years 2007 and 2008, and $7,000,000 for fiscal year
2009 of the remaining funds authorized to be appropriated
under subsection (b)(3) for the preferred option determined
by a study for highway access near the Executive Office
complex.''.
[(e) Alaska Highway.--Section 104(b)(1)(A) of title 23,
United States Code, is amended by striking ``$18,800,000 for
each of fiscal years 1998 through 2002 for the Alaska
Highway'' and substituting ``$18,800,000 for each of fiscal
years 2004 through 2009 for the Alaska Highway''.
[SEC. 1104. MINIMUM GUARANTEE.
[Section 105 of title 23, United States Code, is amended to
read as follows:
[``Sec. 105. Minimum guarantee
[``(a) General Rule.--For each of fiscal years 2004 through
2009, the Secretary shall allocate among the States amounts
sufficient to ensure that each State's percentage of the
total apportionments for such fiscal year of Interstate
maintenance, national highway system, bridge, congestion
mitigation and air quality improvement, surface
transportation, highway safety improvement, minimum
guarantee, Appalachian development highway system,
infrastructure performance and maintenance, and recreational
trails programs shall equal the percentage listed for each
State in subsection (b). The minimum amount allocated to a
State listed in subsection (b) under this section for a
fiscal year shall be $1,000,000.
[``(b) State Percentages.--The percentage referred to in
subsection (a) for a State shall be determined in accordance
with the following table:
[``States: Percentage:
[Alabama......................................................2.0269
[Alaska.......................................................1.1915
[Arizona......................................................1.5581
[Arkansas.....................................................1.3214
[California...................................................9.1962
[Colorado.....................................................1.1673
[Connecticut..................................................1.5186
[Delaware.....................................................0.4424
[District of Columbia.........................................0.3956
[Florida......................................................4.6176
[Georgia......................................................3.5104
[Hawaii.......................................................0.5177
[Idaho........................................................0.7718
[Illinois.....................................................3.3819
[Indiana......................................................2.3588
[Iowa.........................................................1.2020
[Kansas.......................................................1.1717
[Kentucky.....................................................1.7365
[Louisiana....................................................1.5900
[Maine........................................................0.5263
[Maryland.....................................................1.5087
[Massachusetts................................................1.8638
[Michigan.....................................................3.1535
[Minnesota....................................................1.4993
[Mississippi..................................................1.2186
[Missouri.....................................................2.3615
[Montana......................................................0.9929
[Nebraska.....................................................0.7768
[Nevada.......................................................0.7248
[New Hampshire................................................0.5163
[New Jersey...................................................2.5816
[New Mexico...................................................0.9884
[New York.....................................................5.1628
[North Carolina...............................................2.8298
[North Dakota.................................................0.6553
[Ohio.........................................................3.4257
[Oklahoma.....................................................1.5419
[Oregon.......................................................1.2183
[Pennsylvania.................................................4.9887
[Rhode Island.................................................0.5958
[South Carolina...............................................1.5910
[South Dakota.................................................0.7149
[Tennessee....................................................2.2646
[Texas........................................................7.2131
[Utah.........................................................0.7831
[Vermont......................................................0.4573
[Virginia.....................................................2.5627
[Washington...................................................1.7875
[West Virginia................................................1.1319
[Wisconsin....................................................1.9916
[Wyoming......................................................0.6951.
[``(c) Special Rule.--The Secretary shall allocate to
Puerto Rico $1,000,000 for each of fiscal years 2004 through
2009. Such amounts shall be subject to the provisions in
paragraph (d) of this section.
[``(d) Treatment of Funds.--
[``(1) Programmatic distribution.--The Secretary shall
apportion 50 percent of the amounts made available under this
section so that the amount apportioned to each State under
this paragraph for each program referred to in subsection
(a) (other than metropolitan planning, minimum guarantee,
Appalachian development highway system, infrastructure
performance and maintenance, and recreational trails
programs) is equal to the amount determined by multiplying
the amount to be apportioned under this paragraph by the
ratio that--
[``(A) the amount of funds apportioned to each State for
each program referred to in subsection (a) (other than
metropolitan planning, minimum guarantee, Appalachian
development highway system, infrastructure performance and
maintenance, and recreational trails programs) for a fiscal
year; bears to
[``(B) the total amount of funds apportioned to each State
for all such programs for such fiscal year.
[``(2) Remaining distribution.--The Secretary shall
allocate the remainder of funds made available under this
section to the States for use in accordance with section 133;
except that requirements of paragraphs (1) and (2) of section
133(d) shall not apply to amounts apportioned pursuant to
this paragraph.
[``(e) Authorization.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) such sums as may be necessary to carry
out this section for each of fiscal years 2004 through 2009.
[``(f) Guarantee of 90.5 Percentage Return.--
[``(1) In general.--Before making any apportionment under
this title for each of fiscal years 2004 through 2009, the
Secretary shall adjust the percentages in the table in
subsection (b) to reflect the estimated percentage of
estimated tax payments attributable to highway users in each
State paid into the Highway Trust Fund (other than the Mass
Transit Account) in the latest fiscal year for which data is
available, to ensure that no State's percentage return from
such Trust Fund is less than 90.5 percent of the State's
percentage contribution.
[``(2) Conforming adjustments.--After making any
adjustments under paragraph (1) for a fiscal year, the
Secretary shall adjust the remaining percentages in the table
set forth in subsection (b) to ensure that the total of the
percentages in the table, as adjusted, do not exceed 100
percent for such fiscal year.
[``(3) Limitation on adjustments.--After making any
adjustments under paragraph (2) for a fiscal year, the
Secretary shall determine whether or not any State's
percentage return from the Highway Trust Fund (other than the
Mass Transit Account) is less than 90.5 percent of the
State's percentage contribution to the Highway Trust fund as
a result of such adjustments and shall adjust the percentages
in the table for such fiscal year accordingly. Adjustments of
the percentages in the table under this paragraph may not
result in the total of such percentages exceeding 100
percent.
[``(4) Rate of return.--A State's percentage return for
such fiscal year shall be in the ratio that--
[``(A) the quotient obtained by dividing the total amount
of funds apportioned to each State, except Puerto Rico, for
the current fiscal year for Interstate maintenance, national
highway system, bridge, congestion mitigation and air quality
improvement, surface transportation, minimum guarantee,
highway safety improvement, Appalachian development highway
system, infrastructure performance and maintenance, and
recreational trails programs by the total amount of funds
apportioned for such programs in all States, except Puerto
Rico, for the current fiscal year; bears to
[``(B) the quotient obtained by dividing the estimated tax
payments attributable to highway users in each State paid
into the Highway Trust Fund (other than the Mass Transit
Account) in the latest fiscal year for which data are
available by the estimated tax payments attributable to
highway users in all States paid into the Highway Trust Fund
(other than the Mass Transit Account) for such fiscal
year.''.
[SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY (RABA) --
AMENDMENTS.
[Section 110 of title 23, United States Code, is amended--
[(1) in subsections (a)(1) and (a)(2), by striking ``2000''
and inserting ``2006'';
[(2) in subsection (a)(2), by striking ``the succeeding''
and inserting ``that'', and by striking ``and the motor
carrier safety grant program'';
[(3) in subsection (b)(1)(A), by striking ``and the motor
carrier safety grant program'' and by striking ``, the
Transportation Equity Act for the 21st Century, and
subchapter I of chapter 311 of title 49'' after ``under this
title'' and insert ``and the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003'';
[(4) in subsection (c), by inserting ``the highway safety
improvement program,'' after ``the surface transportation
program,''; and
[(5) by striking subsections (e), (f), and (g).
[Subtitle B--New Programs
[SEC. 1201. INFRASTRUCTURE PERFORMANCE AND MAINTENANCE
PROGRAM.
[(a) Establishment.--The Secretary shall establish and
implement an Infrastructure Performance and Maintenance
Program in accordance with this section.
[(b) Eligible Projects.--
[(1) In general.--A State may obligate funds apportioned to
it under this section only for highway projects eligible
under the Interstate Maintenance Program, the National
Highway System Program, and the Surface Transportation
Program that will--
[(A) cost-effectively preserve, maintain, or otherwise
extend the useful life of existing highway infrastructure
elements; or
[(B) provide operational improvements, including traffic
management and intelligent transportation system strategies
and limited capacity enhancements, at points of recurring
highway congestion.
[(2) Transfer prohibition.--Notwithstanding sections 104
and 126 of title 23, United States Code, funds apportioned
under
[[Page S397]]
this section shall not be transferred to another Federal
agency or program.
[(c) Apportionment of Infrastructure Performance and
Maintenance Program Funds.--
[(1) In general.--On October 1 of each fiscal year the
Secretary shall apportion to the States the funds authorized
to be appropriated to carry out this section in accordance
with the following formula:
[(A) 25 percent of the apportionments in the ratio that--
[(i) the total lane miles of Federal-aid highways in each
State; bears to
[(ii) the total lane miles of Federal-aid highways in all
States.
[(B) 40 percent of the apportionments in the ratio that--
[(i) the total vehicle miles traveled on lanes on Federal-
aid highways in each State; bears to
[(ii) the total vehicle miles traveled on lanes on Federal-
aid highways in all States.
[(C) 35 percent of the apportionments in the ratio that--
[(i) the estimated tax payments attributable to highway
users in each State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year for
which data are available; bears to
[(ii) the estimated tax payments attributable to highway
users in all States paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year for
which data are available.
[(2) Minimum apportionment.--Notwithstanding paragraph (1),
each State shall receive a minimum of \1/2\ of 1 percent of
the funds apportioned under this paragraph.
[(d) Contract Authority.--Funds authorized to be
appropriated under section 1101(a)(16) of this Act to carry
out this section shall be available for obligation in the
same manner as if such funds were apportioned under chapter 1
of title 23, United States Code, except that such funds shall
remain available for obligation only as provided in
subsection (e); shall not be subject to any deduction or set
aside requirement; and shall not be transferred to another
Federal agency or program in accordance with subsection
(b)(2).-
[(e) Period of Availability.--
[(1) Obligation within 6 months.--Funds apportioned to a
State under this section must be obligated by such State
within 6 months of the date of apportionment. Any amounts
that remain unobligated at the end of that period shall be
reapportioned in accordance with subsection (f).
[(2) One year.--All funds apportioned or reapportioned
under this section shall remain available for obligation
until the last day of the fiscal year in which they are
apportioned. Any amounts apportioned that remain unobligated
at the end of the fiscal year shall lapse.
[(f) Redistribution of Apportioned Funds and Obligation
Authority.--Six months after the date of apportionment or as
soon thereafter as feasible in each fiscal year, the
Secretary shall withdraw any funds apportioned to a State
under this section that remain unobligated, along with an
equal amount of obligation authority provided for the use of
such funds pursuant to section 1102(c) of this Act, and shall
reapportion such funds and redistribute such obligation
authority to those States that have fully obligated all
amounts apportioned under this section in such fiscal year
and that demonstrate they are able to obligate additional
amounts for projects eligible under this section before the
end of the fiscal year. The calculation and distribution of
funds under section 105 of title 23, United States Code,
shall not be adjusted as a result of the reapportionment of
funds under this subsection.
[(g) Federal Share Payable.--The Federal share payable for
a project funded under this section shall be determined in
accordance with the provisions of section 120 of title 23,
United States Code.
[(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.
[SEC. 1202. CLARIFY FEDERAL-AID ELIGIBILITY FOR SECURITY
PROJECTS.
[Section 101 of title 23, United States Code, is amended--
[(1) by striking the word ``and'' at the end of paragraph
(a)(3)(G);
[(2) by striking the period at the end of paragraph
(a)(3)(H) and inserting ``; and'';
[(3) by adding the following at the end of paragraph
(a)(3)(H):
[``(I) improvements directly related to homeland security
for detection, preparedness, prevention, response, and
recovery.''; and
[(4) by inserting the words ``protection and'' after the
words ``means the'' and by inserting ``, secure,'' after the
word ``safe'' in section (a)(14).
[SEC. 1203. FUTURE OF THE INTERSTATE HIGHWAY SYSTEM.
[(a) Declaration of Policy.--Section 101 of title 23,
United States Code, is amended by striking subsection (b) and
inserting the following:
[``(b) It is hereby declared to be in the national interest
to accelerate the construction and reconstruction of the
Federal-aid highway systems since many of such highways, or
portions thereof, are in fact inadequate to meet the needs of
local and interstate commerce and national and civil defense.
[``It is further declared that it is in the national
interest to preserve and enhance the Dwight D. Eisenhower
National System of Interstate and Defense Highways (hereafter
referred to as the ``Interstate System'') to meet the
nation's needs for the 21st Century. Urban and long distance
personal travel and freight movement demands continue to
grow. Travel demand patterns will remain dynamic. Continued
planning for and investment in the Interstate System is
critical to assure it adequately meets the changing travel
demands of the future. The Interstate System must be safe,
efficient, and reliable and must ensure national and
interregional personal mobility, the flow of interstate
commerce, and travel movements essential for national
security. To the maximum extent possible, actions under this
title should address congestion and freight transportation
to provide for a strong and vigorous national economy.
Special emphasis should be devoted to providing safe and
efficient access for the type and size of commercial and
military vehicles that access designated National Highway
System intermodal freight terminals.
[``The Interstate System is further declared to be the
nation's premiere highway system, essential for the nation's
economic vitality, national security, and general welfare.
The Secretary is directed to take appropriate actions to
preserve and enhance the Interstate System to meet the needs
of the 21st Century.''.
[SEC. 1204. MILITARY VEHICLE ACCESS (OVERSIZE AND OVERWEIGHT
VEHICLES; RELIEF FROM TOLLS).
[(a) Procedures on Military Vehicle Access.--The Secretary
of Transportation is authorized to issue, in consultation
with the Secretary of Defense and the Secretary of Homeland
Security, procedures and orders that will expedite the
highway movement of all marked military vehicles and convoys.
The procedures shall specifically address the expedited
movement of marked military vehicles, including the
establishment of temporary vehicle size and weight limits in
excess of Federal and local maximum limits, expedited
oversize/overweight permits, and exemptions from payment of
local tolls and expedited movement through toll facilities.
[(b) Preemption.--A law, regulation, order, ruling,
provision, or other requirement of a State, territory, Indian
tribe, or political subdivision thereof, which covers the
vehicles and movements described in paragraph (a) and which
is not consistent with the procedures or related limitations
established by the Secretary under that paragraph, is
preempted. The Secretaries of Transportation, Homeland
Security, and Defense, may request the Attorney General to
bring a civil action seeking appropriate relief respecting
the effect of such laws, regulations, orders, rulings,
provisions or other requirements in any court of competent
jurisdiction. Nothing in this section shall be construed as
limiting claims or remedies otherwise available under law or
equity.
[(c) Exemption From Administrative Procedure Act.--A
procedure established by the Secretary under paragraph (a)
shall be exempt from the provisions of 5 U.S.C. 553.
[SEC. 1205. FREIGHT TRANSPORTATION GATEWAYS; FREIGHT
INTERMODAL CONNECTIONS.
[(a) Freight Transportation Gateways.--Chapter 3 of title
23, United States Code, is amended by adding after section
324 the following new section:
[``Sec. 325. Freight transportation gateways
[``(a) In General.--
[``(1) Establishment.--The Secretary shall establish a
freight transportation gateways program to improve
productivity, security, and safety of freight transportation
gateways, while mitigating congestion and community impacts
in the area of such gateways.
[``(2) Purposes.--The purposes of the freight
transportation gateways program shall be--
[``(A) to facilitate and support multimodal freight
transportation initiatives at the State and local levels in
order to improve freight transportation gateways and mitigate
the impact of congestion on the environment in the area of
such gateways;
[``(B) to provide capital funding to address infrastructure
and freight operational needs at freight transportation
gateways;
[``(C) to encourage adoption of new financing strategies to
leverage State, local, and private investment in freight
transportation gateways; and
[``(D) to support military mobilization and readiness.
[``(b) State Responsibilities.--
[``(1) Project development process.--Each State shall
ensure that intermodal freight transportation, trade
facilitation, and economic development needs are adequately
addressed and fully integrated into the project development
process, including transportation planning, through final
design and construction of freight related transportation
projects.
[``(2) Freight transportation coordinator position.--Each
State shall designate a freight transportation coordinator.
The coordinator shall be responsible for fostering public and
private sector collaboration needed to implement complex
solutions to freight transportation and freight
transportation gateway problems, including coordination of
metropolitan and statewide transportation activities with
trade and economic interests and coordination with other
States, local Department of Defense officials, local
Department of Homeland Security officials, agencies, and
organizations to find regional solutions to freight
transportation problems.
[[Page S398]]
The coordinator shall also be responsible for advancing
freight professional capacity building programs for the
State.
[``(c) Innovative Finance.--States and localities are
encouraged to adopt innovative financing strategies for
freight transportation gateway improvements, including new
user fees; modifications to existing user fees, including
trade facilitation charges; revenue options that incorporate
private sector investment; and a blending of Federal-aid and
innovative finance programs. The Secretary shall provide
technical assistance to States and localities with respect to
such strategies.
[``(d) Intermodal Freight Transportation Projects.--
[``(1) Use of surface transportation program funds.--A
State may obligate funds apportioned to it under section
104(b)(3) of this title for publicly owned intermodal freight
transportation projects that provide community and highway
benefits by addressing economic, congestion, security,
safety, and environmental issues associated with freight
transportation gateways.
[``(2) Eligible projects.--Projects eligible for funding
under this section--
[``(A) may include publicly-owned intermodal freight
transfer facilities, access to such facilities, and
operational improvements for such facilities (including
capital investment for Intelligent Transportation Systems),
except that projects located within the boundaries of port
terminals shall only include the transportation
infrastructure modifications necessary to facilitate direct
intermodal access into and out of such port; and
[``(B) may involve the combining of private and public
sector funds.''.-
[(b) Eligibility for Surface Transportation Program
Funds.--Section 133(b) of title 23, United States Code, is
amended by adding at the end the following new paragraph:
[``(15) Intermodal freight transportation projects in
accordance with section 325(d)(2) of this title.''.
[(c) Freight Intermodal Connections to NHS.--Section 103(b)
of such title, is amended by adding at the end the following
new paragraph:
[``(7) Freight intermodal connections to the nhs--
[``(A) Funding set-aside.--Of the funds apportioned to a
State in each fiscal year under section 104(b)(1) of this
title, an amount determined in accordance with subparagraph
(B) of this paragraph shall only be available to such State
to be obligated for projects on--
[``(i) National Highway System routes connecting to
intermodal freight terminals identified according to criteria
set forth in the report to Congress entitled ``Pulling
Together: The National Highway System and its Connections to
Major Intermodal Terminals'' dated May 24, 1996, referenced
in paragraph (1) of this subsection, and any modifications to
these connections consistent with paragraph (4) of this
subsection, and
[``(ii) Strategic Highway Network (STRAHNET) connectors to
strategic military deployment ports.
[``(B) Determination of amount.--The amount of funds for
each State in a fiscal year that shall be set aside pursuant
to subparagraph (A) of this paragraph shall be--
[``(i) equal to the total amount of funds apportioned to
such State under section 104(b)(1) of this title multiplied
by the percentage of miles that routes set forth in
subparagraph (A) of this paragraph constitute of the total
miles on the National Highway System in such State, or
[``(ii) two percent of the annual apportionment to the
State of funds under 104(b)(1), whichever is greater.
[``(C) Exemption from set-aside.--In any fiscal year, a
State may obligate the funds otherwise set aside by this
paragraph on any project which is both eligible under
paragraph (6) of this subsection and located in such State on
a segment of the National Highway System set forth in
paragraph (2) of this subsection if such State certifies and
the Secretary concurs that--
[``(i) the routes described in subparagraph (A) of this
paragraph are in good condition and provide an adequate level
of service for military vehicle and civilian commercial
vehicle use, and
[``(ii) significant needs on such routes are being met or
do not exist.''.
[(d) Definitions and Declaration of Policy.--Section 101(a)
of such title is amended by redesignating paragraphs (11)
through (37) as paragraphs (12) through (38), respectively,
and inserting new paragraph (11) as follows:
[``(11) Freight transportation gateway.--The term `freight
transportation gateway' means a nationally or regionally
significant transportation port of entry or hub for domestic
and global trade, military mobilization, and includes freight
intermodal and Strategic Highway Network connections that
provide access to and from these gateways.''.
[(e) Federal Share Payable.--Section 120 of such title is
amended by adding at the end the following new subsection:
[``(m) Increased Federal Share for Connectors.--On National
Highway System intermodal freight connections and Strategic
Highway Network connectors to strategic military deployment
ports described in section 103(b)(7), the Federal share may
be up to 90 percent of the total cost of the project.''.
[(f) Length Limitations.--Section 31111(e) of title 49,
United States Code, is amended by adding at the end ``In the
interests of economic competitiveness, security, and
intermodal connectivity, States shall update these qualifying
highways within three years of enactment of the Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2003 to include Strategic Highway Network connectors
to strategic military deployment ports and National Highway
System intermodal freight connections serving military and
commercial truck traffic going to major intermodal terminals
as described in section 103(b)(7).''.
[(g) Conforming Amendment.--The analysis of chapter 3 of
title 23 is amended by adding at the end the following:
[``325. Freight transportation gateways.''.
[SEC. 1206. AUTHORITY FOR ALTERNATIVE TIME-SAVING PROCEDURES
FOR CRITICAL TRANSPORTATION SECURITY PROJECTS.
[(a) Critical, time sensitive highway and public
transportation security projects are projects that are
necessary to address an imminent threat to the security of a
transportation facility or to repair damage to a
transportation facility caused by a terrorist attack against
the United States. Such projects shall be identified by the
Secretary in consultation with the owner-operator of the
facility and with the Secretary of Homeland Security.
[(b) The Secretary of Transportation shall develop and
implement expedited procedures for critical, time-sensitive
highway and public transportation security projects. These
procedures shall address planning, environmental review,
public involvement, acquisition of rights-of-way, and
contracting, and they shall be developed with the concurrence
of other affected Federal agencies whose authorities will be
affected by the procedures and in consultation with any other
Federal agencies that the Secretary determines have an
interest in the procedures. For the limited purpose of
expediting interim measures needed to address an imminent
threat to the security of a transportation facility, the
Secretary may provide that these procedures are exclusive of
any other statute relating to planning, environmental
reviews, public involvement, acquisition of right-of-way, and
contracting, so long as the Secretary determines that such
measures are necessary for the protection of the public and
receives the concurrence of any other Federal agency
responsible for administering such statutes. The Secretary
shall issue rules establishing these procedures within one
year of the enactment of this law.
[Subtitle C--Finance
[SEC. 1301. FEDERAL SHARE.
[Section 120 of title 23, United States Code, is amended--
[(1) in subsection (a), by striking ``shall be 90 percent''
and all that follows through the end of the subsection and
inserting ``shall not exceed 90 percent of the total cost of
the project.'';
[(2) in subsection (b), by striking ``shall be'' and all
that follows through the end of the subsection and inserting
``shall not exceed 80 percent of the total cost of the
project.''; and
[(3) by striking subsection (d) and inserting the
following:
[``(d) Increased Federal Share.--The Federal share payable
under (a) and (b) may be increased in the case of any State
containing nontaxable Indian lands, public lands (both
reserved and unreserved), national forests, and national
parks and monuments. The Federal share for any project
subject to this section shall be increased by a percentage of
the remaining cost equal to the percentage that the area of
all such lands in a State is of its total area not to exceed
95 percent of the total cost of the project. These rates
shall be revised as needed based on data provided by the
Federal agencies responsible for maintaining the data.''.
[SEC. 1302. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.
[Section 104(m) of title 23, as redesignated by this Act,
is amended to read as follows:
[``(m) Transfer of Highway and Transit Funds.--
[``(1) Transfer of highway funds for transit projects.--
Funds made available for transit projects or transportation
planning under this title may be transferred to and
administered by the Secretary in accordance with chapter 53
of title 49, except that the provisions of this title
relating to the non-Federal share shall apply to the
transferred funds.
[``(2) Transfer of transit funds for highway projects.--
Funds made available for highway projects or transportation
planning under chapter 53 of title 49 may be transferred to
and administered by the Secretary in accordance with this
title, except that the provisions of such chapter relating to
the non-Federal share shall apply to the transferred funds.
[``(3) Transfer of highway funds to other federal
agencies.--Except as provided in paragraphs (1) and (2), when
an expenditure is specifically authorized in Federal-aid
highway legislation, as a line item in an appropriation act,
or when a State transportation department consents to a
transfer of funds under this title that are derived from the
Highway Trust Fund (other than the Mass Transit account),
such funds may be transferred to another Federal agency
subject to subparagraphs (A), (B), (C), and (D) of this
paragraph--
[``(A) if the Secretary determines, after consultation with
the State transportation
[[Page S399]]
department as appropriate, that another Federal agency should
carry out a project with funds made available under this
title or any other act that are derived from Highway Trust
Fund (other than the Mass Transit account);
[``(B) the project will be administered by the Federal
agency under its procedures, and such funds shall not be
deemed to be an augmentation of that agency's appropriations;
[``(C) such other Federal agency agrees to accept the
transfer of funds and to administer those funds; and
[``(D) the provisions of this title or the acts referred to
above relating to the non-Federal share shall apply to the
transferred funds, except where the Secretary determines that
it is in the best interest of the United States that such
share be waived.
[``(4) Transfer of funds among states or to the federal
highway administration.--The Secretary may, at the request of
a State, transfer funds apportioned or allocated to such
State to another State or to the Federal Highway
Administration for the purpose of funding a specific project
or projects. The funds transferred shall be used for the same
purpose and in the same manner for which they were
authorized. Such transfer shall have no effect on any
apportionment formula used to distribute funds to the States
under sections 104, 105, or 144. Funds that are apportioned
or allocated to a State under section 104(b)(3) and
attributed to urbanized areas of a State with a population of
over 200,000 individuals under section 133(d)(2) may be
transferred under this subsection only if the metropolitan
planning organization designated for the area concurs, in
writing, with the transfer request.
[``(5) Transfer of obligation authority.--Obligation
authority shall be transferred in the same manner and amount
as the funds for the projects are transferred under this
section.''.
[SEC. 1303. STATE INFRASTRUCTURE BANK PILOT 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 assistance.--The term ``other 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 ensure the issuance of letters of credit and credit
instruments;
[(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 101 of title 23, United States Code.
[(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 the written consent between a State and the
Secretary which sets forth the manner in which the State
Infrastructure Bank will be administered.
[(6) Loan.--The term ``loan'' means any form of direct
financial assistance from the State Infrastructure Bank,
required to be repaid over a period of time, which is
provided to a project sponsor for all or part of project
costs.
[(7) Guarantee.--The term ``guarantee'' means a contract or
contracts entered into by the State Infrastructure Bank in
which the State Infrastructure Bank agrees to take
responsibility for all or a portion of a project sponsor's
financial obligations for a project under specified
conditions.
[(8) Initial assistance.--The term ``initial assistance''
means the first round of State Infrastructure Bank funds that
must be loaned or used for credit enhancement for purposes
limited to highway construction under title 23 or transit
capital projects under title 49.
[(9) Leverage.--The term ``leverage'' means a financial
structure used to increase State Infrastructure Bank funds
through debt issuance. A State Infrastructure Bank is
considered leveraged if its total potential liabilities
exceed its equity.
[(b) Pilot Program.--
[(1) Cooperative agreements.--Subject to the provisions of
this section, the Secretary may enter into cooperative
agreements with up to five States, including States that
entered into cooperative agreements under section 1511 of the
Transportation Equity Act for the 21st Century, as amended,
for the establishment of State infrastructure banks for
making loans and providing other forms of credit assistance
to public and private entities carrying out or proposing to
carry out projects eligible for assistance under this
section.
[(2) Application.--To participate in the pilot program, a
State shall submit an application to the Secretary.
[(3) Selection criteria.--In evaluating applications for
participation in the pilot program, the Secretary shall
establish selection criteria that shall include--
[(A) the State's ability to provide non-Federal funds to
capitalize the bank;
[(B) the existence of State enabling legislation that
clearly allows for full State Infrastructure Bank
participation;
[(C) the State's strategy for encouraging non-Federal
repayment sources from project sponsors;
[(D) the amount of Federal funds the State will commit to
the State Infrastructure Bank as a percentage of its Federal-
aid apportionments;
[(E) the State's eligibility under section 1511 of the
Transportation Equity Act for the 21st Century, as amended;
and
[(F) the State's past experience with a State
Infrastructure Bank, including the program established under
section 1511 of the Transportation Equity Act for the 21st
Century, as amended, or comparable financing mechanisms.
[(4) Termination of cooperative agreement.--If a State that
has been selected for this pilot program does not fund its
State Infrastructure Bank within 90 days after execution of
the cooperative agreement, the Secretary may terminate the
cooperative agreement and may select another State to
participate in the pilot program in accordance with this
subsection.
[(c) Interstate Compacts.--Congress grants consent to 2 or
more of the States, entering into a cooperative agreement
under subsection (b)(1) with the Secretary for the
establishment of a multi-state infrastructure bank, to enter
into an interstate compact establishing such bank in
accordance with this section.
[(d) Funding.--
[(1) Highway account.--Subject to subsection (i), the
Secretary may permit a State entering into a cooperative
agreement under this section to contribute not to exceed--
[(A) 10 percent of the funds apportioned to the State for
each of fiscal years 2004 through 2009 under each of sections
104(b)(1), 104(b)(3), 104(b)(4), and 144, of title 23, United
States Code, and
[(B) 10 percent of the funds allocated to the State for
each of such fiscal years under section 105 of such title
into the highway account of the infrastructure bank
established by the State. Federal funds contributed to such
account under this paragraph shall constitute for purposes of
this section a capitalization grant for the highway account
of the infrastructure bank.
[(2) Transit account.--Subject to subsection (i), the
Secretary may permit a State entering into a cooperative
agreement under this section, and any other Federal transit
grant recipient, to contribute not to exceed 10 percent of
the funds made available to the State or other Federal
transit grant recipient in each of fiscal years 2004 through
2009 for capital projects under sections 5307, 5309, and 5311
of title 49, United States Code, into the transit account of
the infrastructure bank established by the State. Federal
funds contributed to such account under this paragraph shall
constitute for purposes of this section a capitalization
grant for the transit account of the infrastructure bank.
[(3) Special rule for urbanized areas of over 200,000.--
Funds that are attributed to urbanized areas of States with
urbanized populations of over 200,000 under section 133(d)(2)
of title 23, as amended by this Act, may be used to provide
assistance with respect to a project only if the metropolitan
planning organization designated for such area concurs, in
writing, with the provision of such assistance.
[(4) Discontinuance of funding.--If the Secretary
determines that a State is not implementing the State
Infrastructure Bank in accordance with the cooperative
agreement, the Secretary may prohibit a State from
contributing additional Federal funds to its State
Infrastructure Bank.
[(e) Forms of Assistance From Infrastructure Banks.--An
infrastructure bank established under this section may make
loans or provide other credit assistance to a public or
private entity in an amount equal to all or part of the cost
of carrying out a project eligible for assistance under this
section. The amount of any loan or other credit assistance
provided for such project may be subordinated to any other
debt financing for the project. Initial assistance provided
with respect to a project from Federal funds contributed to
an infrastructure bank under this section may not be made in
the form of a grant
[(f) Qualifying Projects.--Subject to paragraph (e), funds
in an infrastructure bank established under this section may
be used only to provide assistance with respect to projects
eligible for assistance under title 23, United States Code,
for capital projects (as defined in section 5302 of title 49,
United States Code), or for any other project related to
surface transportation that the Secretary determines to be
appropriate.
[(g) Infrastructure Bank Requirements.--In order to
establish an infrastructure bank under this section, each
State establishing the bank shall--
[(1) contribute, at a minimum, into each account of the
bank from non-Federal sources an amount equal to 25 percent
of the amount of each capitalization grant made to the State
and contributed to the bank, except that if the contribution
is into the highway account of the bank and the State has a
lower non-Federal share under section 120(d) of title 23, as
amended by this Act, such percentage shall be adjusted by the
Secretary to correspond with such lower non-Federal
[[Page S400]]
share. The non-Federal share must be in the form of cash;
[(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 generated by funds
contributed to an account of the bank will be--
[(A) credited to the account;
[(B) available for use in providing loans and other
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 feasible the project that is the subject of
the loan;
[(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 under paragraph (5); and
[(7) require the bank to make an annual report to the
Secretary on its status, and to make such other reports as
the Secretary may require by guidelines.
[(h) Secretarial Requirements.--In administering this
section,the Secretary shall--
[(1) issue guidelines to ensure that all requirements of
title 23, United States Code, or title 49, United States
Code, that would otherwise apply to funds made available
under such title and projects assisted with such funds apply
to--
[(A) funds made available under such title and contributed
to an infrastructure bank established under this section; and
[(B) projects assisted by the bank through the use of such
funds; except to the extent that the Secretary determines
that any requirement of such title (other than sections 113
and 114 of title 23 and section 5333 of title 49), is not
consistent with the objectives of this section; and
[(2) specify procedures and guidelines for establishing,
operating, and providing assistance from the bank.
[(i) Applicability of Federal Law to Repayments.--The
requirements of title 23 and title 49, United States Code,
shall apply to projects financed from repayments to an
infrastructure bank from projects assisted by the bank. Such
repayments shall be considered to be Federal funds for the
purpose of this subsection.
[(j) United States Not Obligated.--The contribution of
Federal funds into an infrastructure bank established under
this section shall not be construed as a commitment,
guarantee, or obligation on the part of the United States to
any third party, nor shall any third party have any right
against the United States for payment solely by virtue of the
contribution. Any security or debt-financing instrument
issued by the infrastructure bank shall expressly state that
the security or instrument does not constitute a commitment,
guarantee, or obligation of the United States.
[(k) Management of Federal Funds.--Sections 3335 and 6503
of title 31, United States Code, shall not apply to funds
contributed under this section.
[(l) Program Administration.--For each of fiscal years 2004
through 2009, a State may expend not to exceed 2 percent of
the Federal funds contributed to an infrastructure bank
established by the State under this section to pay the
reasonable costs of administering the bank. This limitation
shall not apply to non-Federal funds.
[SEC. 1304. TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION ACT (TIFIA) AMENDMENTS.
[(a) Definitions.--Section 181 of title 23, United States
Code is amended--
[(1) in paragraph (3), by striking ``category'' and
``offered into the capital markets'';
[(2) by striking paragraph (7) and redesignating paragraphs
(8) through (15) as paragraphs (7) through (14) respectively;
[(3) by amending paragraph (8)(D), as redesignated, to read
as follows--
[``(D) a public or private freight rail facility; an
intermodal freight transfer facility; access to such
facilities; and service improvements for such facilities
including capital investment for Intelligent Transportation
Systems; or a group of such projects with the common
objective of improving the flow of goods, except that
projects located within the boundaries of port terminals
shall only include the transportation infrastructure
modifications necessary to facilitate direct intermodal
access into and out of such port. Such a project may involve
the combining of private and public sector funds, including
investment of public funds in private sector facility
improvements.''; and
[(4) in paragraph (10), as redesignated, by striking
``bond'' and inserting ``credit''.
[(b) Determination of Eligibility and Project Selection.--
Section 182 of such title is amended--
[(1) in subsection (a)--
[(A) by striking paragraphs (1) and (2) and inserting the
following:
[``(1) Inclusion in transportation plans and programs.--The
project shall satisfy the applicable planning and programming
requirements of sections 134 and 135 at such time as an
agreement to make available a Federal credit instrument is
entered into under this subchapter.
[``(2) Application.--A State, 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.'';
[(B) in paragraph (3)(A)(i), by striking ``$100,000,000''
and inserting ``$50,000,000''; and
[(C) in paragraph (4), by striking ``Project financing''
and inserting ``The Federal credit instrument'' and by adding
at the end of the sentence ``that also secure the project
obligations''; and
[(2) in subsection (b)(1), by striking ``criteria'' after
``eligibility'' and inserting ``requirements'' and in
subsection (b)(2)(B) by inserting ``, which may be the
Federal credit instrument,'' after ``obligations''.
[(c) Secured Loans.--Section 183 of such title is amended--
[(1) in subsection (a)--
[(A) by striking ``of any project selected under section
182.'' at the end of paragraph (1);
[(B) by inserting ``of any project selected under section
182'' after ``costs'' in paragraphs (1)(A) and (1)(B); and
[(C) in paragraph (4), by striking ``funding'' and
inserting ``execution'' and by inserting a period in place of
the comma after ``receiving an investment grade rating'' and
striking all that follows to the end of the paragraph;
[(2) in subsection (b)--
[(A) by inserting ``the lesser of'' after ``exceed'' and
``or the amount of the senior project obligations'' after
``costs'';
[(B) by inserting ``that also secure the senior project
obligations'' in paragraph (3)(A)(i) after ``sources''; and
[(C) by striking ``marketable'' in paragraph (4); and
[(3) in subsection (c), by striking paragraph (3) and
redesignating paragraphs (4) and (5) as paragraphs (3) and
(4) respectively;
[(d) Lines of Credit.--Section 184 of such title is
amended--
[(1) in subsection (b)--
[(A) in paragraph (3), by striking the comma after
``interest'' and by striking ``any debt service reserve fund,
and any other available reserve'', and by inserting ``but not
including reasonably required financing reserves'';
[(B) in paragraph (4), by striking ``marketable''; by
striking ``on which'' after ``date'' and inserting ``of
execution of''; and by striking ``is obligated'' after
``credit'' and inserting ``agreement''; and
[(C) in paragraph (5)(A)(i), by inserting ``that also
secure the senior project obligations'' after ``sources'';
and
[(2) in subsection (c)--
[(A) in paragraph (2) by striking ``scheduled'', by
inserting ``be scheduled to'' after ``shall'', and by
striking ``be fully repaid, with interest,'' and inserting
``to conclude, with full repayment of principle and
interest,''; and
[(B) by striking paragraph (3).
[(e) 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 instruments made
available under this subchapter.
[``(b) Fees.--The Secretary may establish fees at a level
to cover all or a portion of the costs to the Federal
government of servicing the Federal credit instruments.
[``(c) Servicer.--The Secretary may identify a financial
entity to assist the Secretary in servicing the Federal
credit instruments. The servicer--
[``(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 expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments.''.
[(f) Funding.--Section 188 of 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 each of fiscal years 2004 through
2009 to carry out this subchapter.
[``(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 subchapter shall be
deemed to be acceptance by the United States of a contractual
obligation to fund the Federal credit investment.
[``(2) Availability.--Amounts authorized under this section
for a fiscal year shall be available for obligation on
October 1 of the fiscal year.
[[Page S401]]
[``(c) Limitations on Credit Amounts.--For each of fiscal
years 2004 through 2009, principal amounts of Federal credit
instruments made available shall be limited to
$2,600,000,000.''.
[(g) Section 189 of such title is repealed.
[(h) Conforming Amendments.--The analysis of chapter 1 of
title 23 is amended by--
[(1) revising the item relating to section 185 to read as
follows:
[``185. Program administration.'';
and
[(2) striking the item relating to section 189.
[SEC. 1305. INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL
FUEL TAX AGREEMENT FACILITATION.
[The Secretary may provide assistance to any State that is
participating in the International Registration Plan and
International Fuel Tax Agreement, as provided in sections
31704 and 31705 of title 49, United States Code, and that
serves as a base jurisdiction for motor carriers that are
domiciled in Mexico, to help the State with administration
needs resulting from serving as a base jurisdiction for motor
carriers from Mexico.
[SEC. 1306. COMMERCIALIZED REST AREA PILOT PROJECTS.
[(a) In General.--The Secretary shall permit the States to
conduct pilot projects to acquire, construct, operate,
convert, and maintain rest areas along Interstate highways in
their States in accordance with subsection (b).
[(b) Commercial Operations.--
[(1) Eligibility.--Notwithstanding section 111 of title 23
United States Code, and the project agreements required by
section 111(a) and executed between the States and the
Federal Highway Administration, the Secretary shall permit
the rest areas in the pilot projects to include commercial
operations that provide goods, services, and information that
benefit the traveling public and the commercial motor carrier
industry, and as deemed appropriate by the States,
including--
[(A) commercial advertising and displays if such
advertising and media displays are--
[(i) exhibited solely within any facility constructed in
the rest area; and
[(ii) not legible from the main traveled way;
[(B) programs to provide commercial vehicle operators with
special services designed to enhance motor carrier and
highway safety; and
[(C) State promotional or tourism-oriented items.
[(2) Private operators.--The States may permit such
commercial operations to be run by a private operator.
[(c) Participation.--Participation in this pilot project is
limited to those proposals submitted to the Secretary for
approval during the one year period after the date of
enactment of this Act.
[(d) Proposals.--
[(1) The State proposals shall at a minimum--
[(A) describe the types of goods, services and information
to be provided;
[(B) demonstrate that the proposed project(s) helps
implement the strategies developed in the ``Study of Adequacy
of Parking Facilities'' prepared pursuant to section 4027 of
the Transportation Equity Act for the 21st Century;
[(C) contain a review and update of the individual State
action plans for addressing commercial truck parking
shortages; and
[(D) prepare a plan for evaluating the results of the pilot
project(s) in that State.
[(2) The Secretary must determine that commercial rest area
projects being advanced under this pilot program will meet
all of the design standards applicable to rest areas on the
Interstate system.
[(e) Limitation on Use of Revenues.--Any revenues received
by a State from the commercial operations in a rest area
under this section that are in excess of amounts required for
the proper operation and maintenance of the rest area shall
be used by the State for projects eligible under title 23,
United States Code.
[(f) Considerations.--The Secretary shall consider the
benefit to the traveling public and the impact on local
businesses in carrying out this section.
[(g) Vending Machines.--If vending machines are placed in a
pilot project, the State shall give priority to vending
machines operated through the State licensing agency
designated under the Randolph-Sheppard Act.
[SEC. 1307. HIGHWAY USE TAX EVASION PROJECTS.
[(a) Eligible Activities.--Section 143(b) of title 23,
United States Code, is amended as follows:
[(1) Intergovernmental enforcement efforts.--Paragraph (2)
is amended by inserting a comma after ``Secretary'' and
adding ``except that for each of fiscal years 2004 through
2009, $2,000,000 shall be available only to carry out
intergovernmental enforcement efforts, including research and
training''.
[(2) Conditions on funds allocated to internal revenue
service.--Paragraph (3) is amended by inserting a comma after
``subsection'' and adding ``except as otherwise provided in
this section''.
[(3) Limitation on use of funds.--Paragraph (4) 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 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.--The following new paragraph is added at the
end:
[``(9) Reports.--The Internal Revenue Service and States
shall submit to the Secretary annual reports that describe
the projects, examinations, and criminal investigations
funded by and carried out under this section. The reports
must specify the annual yield estimated for each project
funded under this section.''.
[(b) Excise Fuel Reporting System.--Section 143(c) of such
title is amended--
[(1) in paragraph (1) by striking ``Not later than August
1, 1998,'' and inserting ``Not later than 90 days after
enactment of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003,''; by striking
``development'' and inserting ``completion, operation,''; by
striking ``an excise fuel reporting system'' and inserting
``the excise summary terminal activity reporting system'';
and by striking ``(in this subsection referred to as the
``system'')'';
[(2) in paragraph (2)--
[(A) by striking ``the system'' each 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 new subparagraph:
[``(D) the Commissioner of the Internal Revenue Service
shall submit and the Secretary shall approve a budget and
project plan for the completion, operation, and maintenance
of the excise summary terminal activity reporting system.'';
and
[(3) by amending paragraph (3) 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 funds available to the Internal Revenue
Service 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 as amended by this Act is further amended by adding at
the end the following new subsections:
[``(d) Pipeline, Vessel, and Barge Registration System.--
[``(1) In general.--Not later than 90 days after enactment
of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003, the Secretary shall enter
into a memorandum of understanding with the Commissioner of
the Internal Revenue Service for the purposes of the
development, operation, and maintenance of a registration
system for pipelines, vessels, and barges, and operators of
such pipelines, vessels, and barges, that make bulk transfers
of taxable fuel.
[``(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 funds available to the Internal Revenue
Service to complete, operate, and maintain a registration
system for pipelines, vessels, and barges, and operators of
such pipelines, vessels, and barges, that make bulk transfers
of taxable fuel in accordance with this subsection.
[``(e) Heavy Vehicle Use Tax Payment Database.--
[``(1) In general.--Not later than 90 days after enactment
of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003, the Secretary shall enter
into a memorandum of understanding with the Commissioner of
the Internal Revenue Service for the purposes of the
establishment, operation, and maintenance of an electronic
database of heavy vehicle highway use tax payments.
[``(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
[[Page S402]]
[``(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 funds available to the Internal Revenue
Service to establish, operate, and maintain an electronic
database of heavy vehicle highway use tax payments in
accordance with this subsection.
[``(f) Reports.--By March 30 and September 30 of each year,
the Internal Revenue Service shall provide reports to the
Secretary on the status of the Internal Revenue Service
projects funded under this section related to the excise
summary terminal activity reporting system; the pipeline,
vessel, and barge registration system; and the heavy vehicle
use tax electronic database.''.
[(d) Allocations.--Of the amounts authorized to be
appropriated under section 1101(a)(14) of this Act for
Highway Use Tax Evasion Projects for each of fiscal years
2004 through 2009, $4,500,000 shall be allocated to the
States, and for fiscal year 2004, $20,050,000 shall be
allocated to the Internal Revenue Service, of which
$10,500,000 shall be dedicated to the excise summary terminal
activity reporting system, for each of fiscal years 2005 and
2006, $48,000,000 shall be allocated to the Internal Revenue
Service, of which $4,500,00 shall be dedicated to the excise
summary terminal activity reporting system, for fiscal year
2007, $38,000,000 shall be allocated to the Internal Revenue
Service, of which $4,500,00 shall be dedicated to the excise
summary terminal activity reporting system, and for each of
fiscal years 2008 and 2009, $4,500,000 shall be allocated to
the Internal Revenue Service, which shall be used for the
excise summary terminal activity reporting system.
[Subtitle D--Program Efficiencies and Improvements--Safety
[SEC. 1401. NATIONAL HIGHWAY SAFETY GOAL; NATIONAL BLUE
RIBBON COMMISSION ON HIGHWAY SAFETY.
[(a) National Highway Safety Goal.--Section 101 of title
23, United States Code, is amended by adding at the end the
following new subsection:
[``(f) It is hereby declared to be in the national interest
that the number of deaths attributable to traffic accidents
on America's highways be significantly reduced. To achieve
this goal, a national initiative targeted at saving lives
through improved engineering, education, enforcement, and
emergency response in cooperation with new and existing State
and local safety programs is hereby authorized.''.
[(b) National Blue Ribbon Commission on Highway Safety.--
[(1) Establishment.--The Secretary shall establish a
National Blue Ribbon Commission on Highway Safety
(hereinafter in this section referred to as ``the
Commission'').
[(2) Membership.--
[(A) Composition.--The Commission shall be composed of 15
members as follows--
[(i) the Secretary or the Secretary's delegate;
[(ii) the Administrators of the Federal Highway
Administration; the National Highway Traffic Safety
Administration; the Federal Motor Carrier Safety
Administration; and the Federal Railroad Administration, or
the Administrators' delegates; and
[(iii) 10 members appointed by the Secretary from among
individuals who represent the interests of States and
political subdivisions of States, the safety community,
public health, and State and local law enforcement agencies,
and who have been nominated by the Committee on Environment
and Public Works and the Committee on Commerce, Science and
Transportation of the United States Senate and the Committee
on Transportation and Infrastructure of the United States
House of Representatives.
[(B) Appointment.--The Secretary shall select the
individuals to be appointed under this subsection on the
basis of their knowledge, expertise, or experience related to
highway safety. Half of the appointments shall be made from
nominees submitted by the Committee on Environment and Public
Works and the Committee on Commerce, Science and
Transportation of the Senate and the other half from the
nominees submitted by the Committee on Transportation and
Infrastructure of the House of Representatives. Each of these
committees shall nominate 20 individuals qualified to serve
on the Commission.
[(C) Terms.--The term of each member of the Commission
shall be 6 years. Any vacancy shall be filled in the manner
the original appointment was made. The vacancy does not
affect the Commission's powers.
[(3) Function.--The Commission, to carry out the direction
of Congress, under section 101(f) of title 23, United States
Code as amended by this Act, that the number of deaths
attributable to traffic accidents on America's highways be
significantly reduced, shall--
[(A) oversee a comprehensive study evaluating the Nation's
highway safety needs over the next three decades in the areas
of engineering, education, enforcement, and emergency
response and, based on such study, make specific
recommendations to the Secretary for an achievable national
goal for the reduction of highway fatalities and for the
funding necessary to achieve such goal;
[(B) assist in developing a national consensus in support
of such goal; and
[(C) advise, consult with, and make recommendations to, the
Secretary to assist in identifying specific measures for
achieving the national highway safety goal.
[(4) Specific matters to be addressed.--The national
highway safety goal study conducted by the Commission shall
examine the roles of highway infrastructure, drivers, and
vehicles in fatalities on all public roads; identify high
risk areas and activities associated with the greatest
numbers of highway fatalities; examine the roles of various
levels of government agencies and non-governmental
organizations in reducing highway fatalities and recommend
ways to strengthen highway safety partnerships; and identify
measures that will save the most lives both long term and
short term. The study shall consider, among other things, the
findings, conclusions, and recommendations of highway safety
studies and research conducted by the Transportation Research
Board, including studies related to implementation of the
American Association of State Highway and Transportation
Officials' Strategic Highway Safety Plan.
[(5) Reports to congress.--
[(A) Initial report.--Not later than September 30, 2006,
the Commission shall transmit to Congress an initial report
on the results of the national highway safety goal study,
including recommendations and such legislative
recommendations as the President judges necessary and
expedient for an achievable national goal for the reduction
of highway fatalities and for preliminary strategies to be
implemented to achieve such goal.
[(B) Final report.--Not later than February 1, 2009, the
Commission shall transmit to Congress a final report on the
results of the national highway safety goal study, including
recommendations and such legislative recommendations as the
President judges necessary and expedient for a comprehensive
plan with specific strategies to achieve the fatality
reduction goal recommended in the initial report and for the
level of funding necessary to implement such fatality
reduction plan and strategies.
[(6) Termination of commission.--The Commission shall
terminate on the 180th day following the date of transmittal
of the final report to Congress under paragraph (5)(B) of
this subsection. By the 180th day, all records and papers of
the Commission shall be delivered to the Administrator of the
General Services Administration for deposit in the National
Archives.
[(7) Authorization of appropriations.--There are authorized
to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) up to $3,000,000 for fiscal
year 2004, $1,000,000 for fiscal year 2005, $1,000,000 for
fiscal year 2006, $1,000,000 for fiscal year 2007,
$500,000 for fiscal year 2008, and $500,000 for fiscal
year 2009 for the purposes of carrying out this
subsection.
[(8) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share
of the cost of the study and the Commission under this
section shall be 100 percent, and such funds shall remain
available until expended.
[SEC. 1402. HIGHWAY SAFETY IMPROVEMENT PROGRAM; FLEXIBILITY
FOR SAFETY INITIATIVES.
[(a) Establishment of Program.--Chapter 1 of title 23,
United States Code, is amended by inserting the following new
section after section 149:
[``Sec. 150. Highway Safety Improvement Program
[``(a) Establishment.--The Secretary shall establish and
implement a highway safety improvement program in accordance
with this section, in order to significantly reduce
fatalities and serious injuries on the Nation's roadway
system.
[``(b) Program.--
[``(1) State responsibilities.--To receive funds under this
section, each State shall have a process in place that
identifies and analyzes highway safety problems and
opportunities and will produce a program of projects for
funding under this section based on this analysis. Such
process and program of projects shall be known as the Highway
Safety Improvement Program. The statewide program shall
identify hazardous locations, sections, and elements
including roadside obstacles, railway-highway crossing needs,
and unmarked or poorly marked roads that may constitute a
danger to motorists, bicyclists, pedestrians, and other
highway users. States shall also have crash data systems and
the ability to perform safety problem identification and
countermeasure analysis.
[``(2) Program administration.--The Secretary shall
establish implementing guidelines for this program, which
shall include at a minimum the following components:
[``(A) Strategic approach to highway safety.--Each State
shall, as appropriate, adopt strategic and performance-based
goals for its Highway Safety Improvement Program. This
statewide program shall address safety problems and
opportunities on all roadways within the State, focus
resources on areas of greatest need, and be complementary to
the programs developed in response to section 402 of this
title.
[``(B) Data improvement program.--Each State shall, as
appropriate, advance its capabilities for traffic records
data collection, analysis, and integration with other sources
of safety data such as roadway inventories. Such a data
improvement program shall be
[[Page S403]]
complementary to the programs supported by sections 402 and
412 of this title; include all public roads; and contain
provisions to identify hazardous locations, sections, and
elements on these public roads that constitute a danger to
motorists, bicyclists, and pedestrians.
[``(C) Program of improvements.--Each State shall determine
priorities for the correction of hazardous roadway locations,
sections, and elements, including railway-highway crossing
improvements, as identified through crash data analysis;
identify opportunities for preventing the development of such
hazardous conditions; and establish and implement a schedule
of safety improvement projects for hazard correction and
hazard prevention.
[``(D) Evaluation.--Each State shall, as appropriate,
establish an evaluation process to analyze and assess results
achieved by safety improvement projects carried out in
accordance with procedures and criteria established by this
section, and such information shall be used in setting
priorities for safety improvement projects.
[``(c) Reports.--Each State shall report to the Secretary
on progress being made to implement safety improvement
projects under this section and the effectiveness of such
improvements. The Secretary shall establish the content and
schedule for such reports.
[``(d) Eligible Projects.--
[``(1) In general.--A State may obligate funds apportioned
to it under this section for any safety improvement project
on any public road or publicly-owned bicycle or pedestrian
pathway or trail.
[``(2) Safety improvement project.--For purposes of this
section the term `safety improvement project' means a project
that corrects or improves a hazardous roadway location or
feature, or proactively addresses highway safety problems,
including: intersection improvements, pavement and shoulder
widening, installation of rumble strips and other warning
devices, improving skid resistance, improvements for
pedestrian or bicyclist safety, railway-highway crossing
safety, traffic calming, elimination of roadside obstacles,
improving highway signage and pavement marking, installing
priority control systems for emergency vehicles at signalized
intersections, installing traffic control or warning devices
at locations with high accident potential, safety conscious
planning, and improving crash data collection and analysis.
[``(e) Funding.--Sums authorized to be appropriated to
carry out this section shall be apportioned in accordance
with section 104(b)(5).
[``(f) Federal Share.--The Federal share payable on account
of any project carried out under this section shall be 90
percent of the cost thereof.
[``(g) Use of Funds.--Beginning in fiscal year 2005 and for
each fiscal year thereafter, 10 percent of the funds
available to a State to carry out the highway safety
improvement program established in accordance with this
section shall be obligated for projects under section 402 of
this title, unless by October 1 of the fiscal year in which
funds become available to a State the State has enacted a
primary safety belt law or the State demonstrates that the
safety belt use rate in that State meets or exceeds 90
percent. A State subject to the provisions of this subsection
must have in place or adopt a strategic highway safety plan
in accordance with section 151 of this title. Activities
funded under this subsection shall be consistent with such a
plan.
[``(h) Use of Other Funding for Safety.--Nothing in this
section shall be interpreted to prohibit the use of funds
made available under other sections of this title for highway
safety improvement projects, and States are to be encouraged
to address the full scope of their safety needs and
opportunities by using other funds unless provisions exist
that prohibit such use.''.
[(b) Apportionment of Highway Safety Improvement Program
Funds.--Section 104 of such title is amended--
[(1) by inserting in subsection (a) ``the Highway Safety
Improvement Program under section 150,'' after ``section
204,'';
[(2) by inserting in subsection (b) ``the Highway Safety
Improvement Program,'' after ``Improvement Program,''; and
[(3) by adding at the end of subsection (b) the following
new paragraph:
[``(5) Highway safety improvement program.--
[``(A) In general.--For the Highway Safety Improvement
Program, in accordance with the following formula:
[``(i) 25 percent of the apportionments in the ratio that--
[``(I) the total lane miles of Federal-aid highways in each
State; bears to
[``(II) the total lane miles of Federal-aid highways in all
States.
[``(ii) 40 percent of the apportionments in the ratio
that--
[``(I) the total vehicle miles traveled on lanes on
Federal-aid highways in each State; bears to
[``(II) the total vehicle miles traveled on lanes on
Federal-aid highways in all States.
[``(iii) 35 percent of the apportionments in the ratio
that--
[``(I) the estimated tax payments attributable to highway
users in each State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year for
which data are available; bears to
[``(II) the estimated tax payments attributable to highway
users in all States paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year for
which data are available.
[``(B) Minimum apportionment.--Notwithstanding subparagraph
(A), each State shall receive a minimum of \1/2\ of 1 percent
of the funds apportioned under this paragraph.''.
[(c) Flexibility for Safety Initiatives.--Chapter 1 of such
title, as amended by this Act, is further amended--
[(1) by repealing section 152;
[(2) by redesignating section 151 as section 152; and
[(3) by inserting the following new section 151 after
section 150:
[``Sec. 151. Flexibility for safety initiatives
[``(a) In General.--As provided in this section, a State
that develops and implements a strategic highway safety plan
and comprehensive safety planning process shall have the
flexibility to use funds available under section 150 of this
title, the Highway Safety Improvement Program, for title 23
safety purposes not otherwise eligible under such section,
including funding for public awareness, education, and
enforcement.
[``(b) Strategic Highway Safety Plan.--To qualify for
flexible safety funding as provided under this section, the
State strategic highway safety plan must--
[``(1) be based on a collaborative process that includes
the State Department of Transportation, the Governor's
Representative for Highway Safety, persons responsible for
administering section 130 of this title at the State level,
and other major State and local safety stakeholders,
including Operation Lifesaver;
[``(2) address engineering, education, enforcement, and
emergency services elements of highway safety;
[``(3) consider the results of existing State
transportation and highway safety planning processes; and
[``(4) be certified by the Secretary, in consultation with
the Federal Highway Administration and the National Highway
Traffic Safety Administration, as based on a comprehensive,
collaborative process, and effective analyses of State crash
data.
[``(c) Safety Activities Consistent With Plan.--To qualify
for the flexible use of funds available under sections 150
and 402(k) in accordance with this section, activities must
be consistent with the State strategic highway safety plan.
[``(d) Other Transportation and Highway Safety Plans.--
Nothing in this section shall require a State to revise
existing State processes, plans, or programs.
[``(e) Flexible Funding.--A State that receives funds under
section 150 shall use such funds for projects eligible under
such section, except that up to 50 percent of such funds may
be used for activities eligible for assistance under section
402 of this title that are consistent with the State's
strategic highway safety plan and not otherwise eligible for
assistance under section 150.''.
[(d) Elimination of Surface Transportation Program Set-
Aside.--Section 133(d) of such title is amended by striking
paragraph (1) and by redesignating paragraphs (2) through (5)
as paragraphs (1) through (4), respectively.
[(e) Conforming Amendments.--
[(1) The analysis for chapter 1 of such title is amended--
[(A) by striking the item relating to section 152;
[(B) by renumbering ``151. National bridge inspection
program.'' as ``152''; and
[(C) by inserting after the item relating to section 149
the following:
[``150. Highway Safety Improvement Program.
[``151. Flexibility for safety initiatives.''.
[(2) Section 130 of such title is amended--
[(A) by striking subsections (e) and (f) and redesignating
subsections (g) through (j) as (e) through (h), respectively;
and
[(B) in subsection (f), as redesignated by this Act, by
striking ``authorized to be appropriated to carry out this
section'' and inserting ``made available as provided under
section 150 of this title to carry out this section''.
[(3) Section 154(c)(3) of such title is amended by striking
``152'' and inserting ``150''.
[(4) Section 164(b)(3) of such title is amended by striking
``152'' and inserting ``150''.
[(5) Section 409 of such title is amended by striking
``152'' and inserting ``150''.
[SEC. 1403. OPERATION LIFESAVER.
[Section 104(d)(1) of title 23, United States Code, is
amended by striking ``$500,000'' and inserting ``$600,000''.
[SEC. 1404. HIGHWAY SAFETY PROGRAMS; CERTIFICATION OF PUBLIC
ROAD MILEAGE.
[Section 402(c) of title 23, United States Code, is amended
by striking in the fifth sentence ``the Governor of''.
[Subtitle E--Program Efficiencies and Improvements--Planning
[SEC. 1501. METROPOLITAN PLANNING.
[Section 134 of title 23, United States Code, is amended by
striking subsections (a) through (o) and inserting the
following:
[``Metropolitan planning shall be carried out in accordance
with section 5203 of title 49, United States Code.''.
[SEC. 1502. STATEWIDE PLANNING.
[Section 135 of title 23, United States Code, is amended by
striking subsections (a) through (i) and inserting the
following:
[``Statewide planning shall be carried out in accordance
with section 5204 of title 49, United States Code.''.
[[Page S404]]
[SEC. 1503. STATE PLANNING AND RESEARCH.
[(a) State Planning and Research.--Chapter 5 of title 23,
United States Code, is amended by striking section 505.
[(b) Conforming Amendment.--The analysis for chapter 5 of
such title is amended by striking the item related to section
505.
[(c) Apportionment.--Section 104 of title 23, United States
Code, is amended--
[(1) by redesignating subsections (i), (j), (k), and (l) as
subsections (k), (l), (m), and (n), respectively; and
[(2) by inserting after subsection (h) the following:
[``(i) State Planning and Research.--
[``(1) In general.--Two and \1/2\ percent of the sums
apportioned to a State for each fiscal year under this
section (other than subsections (f) and (h)) and under
sections 105 and 144 of this title shall be available for
expenditure by the State, in consultation with the Secretary,
only for the following purposes:
[``(A) Engineering and economic surveys and investigations.
[``(B) The planning of future highway and local public
transportation systems, the planning of the financing of such
systems, and metropolitan and statewide planning under
sections 134 and 135 of this title, including freight
planning, safety planning, transportation systems management
and operations planning, transportation-related land use
planning, and transportation-related growth management
activities within these planning processes and planning
capacity building activities described in section 104(j) of
this title.
[``(C) Development and implementation of infrastructure
management and traffic monitoring systems under section 303
of this title and for asset management activities.
[``(D) Studies of the economy, safety, and convenience of
highway and local public transportation systems and the
desirable regulation and equitable taxation of their use.
[``(E) Research, development, and technology transfer
activities necessary in connection with the planning, design,
construction, management, maintenance, regulation, and
taxation of the use of highway, local public transportation,
and intermodal transportation systems.
[``(F) Study, research, and training on the engineering
standards and construction materials, including accreditation
of inspection and testing, for highway, local public
transportation, and intermodal transportation systems.
[``(2) Minimum expenditures on research, development, and
technology transfer activities.--
[``(A) In general.--Subject to subparagraph (B), not less
than 20 percent of the funds subject to paragraph (1) for a
fiscal year shall be expended by the State for research,
development, and technology transfer activities described in
paragraph (1), relating to highway, local public
transportation, and intermodal transportation systems.
[``(B) Waivers.--The Secretary may waive the application of
subparagraph (A) with respect to a State for a fiscal year if
the State certifies to the Secretary for the fiscal year that
the funds described in subparagraph (A) are not needed for
research, development, and technology transfer and the
Secretary accepts such certification.
[``(C) Nonapplicability of assessment.--Funds expended
under subparagraph (A) shall not be considered to be part of
the extramural budget of the agency for the purpose of
section 9 of the Small Business Act (15 U.S.C. 638).
[``(3) Minimum expenditures for improving the quality of
collection and reporting of strategic surface transportation
data.--
[``(A) In general.--Subject to subparagraph (B), not less
than 20 percent of the funds subject to paragraph (1) for a
fiscal year shall be expended by the State to improve the
collection and reporting of strategic surface transportation
data to provide critical information about the extent,
condition, use, performance, and financing of the Nation's
highways (including intermodal connectors) for passenger and
freight movement.
[``(B) Waivers.--The Secretary may waive the application of
subparagraph (A) with respect to a State for a fiscal year if
the State certifies to the Secretary for the fiscal year that
the State is collecting and reporting strategic data
consistent with quality assurance guidelines developed
cooperatively with the States and the Secretary approves
such certification. If such waiver is approved, the funds
may be used for the activities described in paragraph (1)
of this subsection.
[``(4) Federal share.--The Federal share of the cost of a
project carried out using funds subject to paragraph (1)
shall be matched in accordance with section 120(b) unless the
Secretary determines that the interests of the Federal-aid
highway program would be best served without such matching.
[``(5) Administration of sums.--Funds subject to paragraph
(1) shall be combined and administered by the Secretary as a
single fund and shall be available for obligation for the
same period as funds apportioned under section 104(b)(1).''.
[SEC. 1504. CRITICAL REAL PROPERTY ACQUISITION.
[Section 108 of title 23, United States Code, is amended by
adding at the end the following:
[``(d) Critical Real Property Acquisition.--
[``(1) Subject to paragraph (2), funds apportioned to a
State under this title may be used to participate in the
payment of costs incurred in the acquisition of real property
that is deemed critical, as determined under paragraph (2),
for any project proposed for funding under this title, prior
to the completion of any required environmental reviews for
property acquisition.
[``(2) The Federal share payable of the costs described in
paragraph (1) shall be eligible for reimbursement out of
funds apportioned to a State under this title if, prior to
acquisition, the State demonstrates to the Secretary, and the
Secretary determines, that the property is offered for sale
on the open market, that the State will comply fully with the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act in acquiring the property, and that immediate
acquisition of the property is critical because either--
[``(A) normal appraisal techniques show that the property's
value is increasing significantly;
[``(B) there is an imminent threat of development or
redevelopment of the property; or
[``(C) the property is necessary for the implementation of
the goals as stated in the project proposal.
[``(3) An acquisition undertaken pursuant to this section
shall be considered to be an exempt project under section 176
of the Clean Air Act and its implementing regulations.
[``(4) No project development activity may be undertaken on
property acquired in accordance with paragraph (2) until any
required environmental reviews for the project have been
completed.
[``(5) The number of critical acquisitions associated with
a project shall be limited and shall not affect the
consideration of project alternatives during the
environmental review process.
[``(6) Section 156 (c) of this title shall not apply to the
sale, use or lease of any property acquired in accordance
with paragraph (2).''.
[SEC. 1505. PLANNING CAPACITY BUILDING INITIATIVE.
[Section 104 of title 23, United States Code, is amended by
inserting after subsection (i), as added by this Act, the
following:
[``(j) Planning Capacity Building Initiative.--
[``(1) In general.--The Secretary shall establish a
planning capacity building initiative to support enhancements
in transportation planning, in order to--
[``(A) strengthen metropolitan and statewide transportation
planning under chapter 52 of title 49;
[``(B) enhance tribal capacity to conduct joint
transportation planning under Chapter 2 of this title; and
[``(C) participate in the metropolitan and statewide
transportation planning programs under chapter 52 of title
49.
[``(2) Priority.--The Secretary shall give priority to
planning practices and processes that support homeland
security planning, performance based planning, safety
planning, operations planning, freight planning, and
integration of environment and planning.
[``(3) Use of funds.--Funds authorized for this program may
be used for research, program development, information
collection and dissemination, and technical assistance. The
Secretary may use these funds independently or make grants
to, or enter into contracts, cooperative agreements, and
other transactions, with a Federal agency, State agency,
local agency, federally recognized Indian tribal government
or tribal consortium, authority, association, nonprofit or
for-profit corporation, or institution of higher education,
to carry out the purposes of this subsection.
[``(4) Set-aside.--On October 1 of each fiscal year, the
Secretary, after making the deductions authorized by
subsections (a) and (f) of section 104 of this title, shall
set aside $20,000,000 of the remaining funds authorized for
the Surface Transportation Program to carry out the
requirements of this subsection.
[``(5) Federal share.--The Federal share of the cost of an
activity carried out using such funds shall be up to 100
percent, and such funds shall remain available until
expended.
[``(6) Administration.--This initiative shall be
administered by the Federal Highway Administration in
cooperation with the Federal Transit Administration.''.
[Subtitle F--Program Efficiencies and Improvements--Environment
[SEC. 1601. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
[(a) Eligible Projects.--Section 149(b) of title 23, United
States Code, is amended--
[(1) in the first paragraph, by inserting ``and, the
project or program will reduce emissions to contribute to the
attainment or maintenance of the National Ambient Air Quality
Standard for which the area is or was designated
nonattainment,'' after ``December 31, 1997,'';
[(2) in subsection (1)(A), by striking ``(other than clause
(xvi) of such section)'';
[(3) in paragraph (1)(A)(ii), by inserting ``by providing
new or enhanced transportation facilities or services to
further reduce emissions'' after ``area'';
[(4) in paragraph (1)(B), by inserting ``or'' at the end
after ``section;'';
[(5) in paragraph (2), by inserting ``or program'' after
``and the project'', and by striking ``have air quality
benefits;'' and inserting ``reduce emissions; or'';
[[Page S405]]
[(6) in paragraph (3), by--
[``(A) inserting ``if'' after ``(3)'';
[``(B) striking ``contribute to the attainment of a
national ambient air quality standard'' and inserting
``reduce emissions'';
[``(C) striking the comma after ``traveled'' and inserting
``or''; and
[``(D) inserting ``through technological improvements such
as anti-idling equipment and diesel retrofits for trucks,
school buses, transit buses and other vehicles'' after
``consumption,'';
[(7) in paragraph (4), by inserting ``if the project or
program is'' after ``(4)'', and by striking ``contribute to
the attainment of a national ambient air quality standard''
and inserting ``reduce emissions'';
[(8) in paragraph (5), by striking ``that are eligible for
assistance under this section on the day before the date of
enactment of this paragraph'' and inserting ``that will
reduce emissions''; and
[(9) in the final unnumbered paragraph, by striking the
second sentence.
[(b) States Receiving Minimum Apportionment.--Section
149(c) of such title is amended in paragraphs (1) and (2) by
inserting ``OR MAINTENANCE'' after ``NONATTAINMENT'' in the
heading of each paragraph.
[(c) Selection of Projects.--Section 149 of such title is
amended by adding at the end the following new paragraph:
[``(f) Interagency Consultation.--The Secretary shall
encourage States and metropolitan planning organizations to
consult with State and local air quality agencies in
nonattainment and maintenance areas on the estimated
emissions reductions from proposed congestion mitigation and
air quality improvement programs and projects.''.
[(d) Evaluation and Assessment of Projects.--Section 149 of
such title is amended by adding at the end the following new
paragraph:
[``(g) Evaluation and Assessment of Projects.--
[``(1) Evaluation and assessment.--The Secretary, in
consultation with the Administrator of the Environmental
Protection Agency, shall evaluate and assess a representative
sample of projects funded under the Congestion Mitigation and
Air Quality Improvement Program for their actual impact on
emissions, and congestion levels and to assure effective
program implementation. Using appropriate assessments of
CMAQ-funded projects, and results from other research, the
Secretary shall maintain a cumulative database on these
impacts for broad dissemination.
[``(2) Funding.--Funds set aside under section 104(o) of
this title shall be available to carry out this
subsection.''.
[(e) Funding for Evaluation and Assessment of Projects.--
Section 104 of such title is amended by adding at the end the
following new subsection:
[``(o) Congestion Mitigation and Air Quality Improvement
Program Evaluation and Assessment of Projects.--Before making
apportionments under subsection (b)(2) of this section for a
fiscal year, the Secretary shall deduct 0.5 percent from the
amount to be apportioned for such fiscal year for the purpose
of carrying out the requirements of section 149(g) of this
title.''.
[(f) Apportionments.--Section 104(b) of such title 23 is
amended--
[(1) in paragraph (2)(B), by striking ``or'' after
``ozone'' and inserting a comma, and by inserting ``, or fine
particulate matter (PM-2.5)'' after ``carbon monoxide'';
[(2) by amending paragraph (2)(B)(i) to read as follows:
[``(i) 1.0 if at the time of the apportionment, the area is
a maintenance area;'';
[(3) in paragraph (2)(B)(vi), by striking ``or'' after the
semicolon;
[(4) in paragraph (2)(B)(vii), by inserting ``for ozone''
after ``maintenance area'', and striking ``for ozone'' after
``section 149(b)'' and inserting ``or for PM-2.5'';
[(5) by adding at the end of paragraph (2)(B) two new
clauses to read as follows:
[``(viii) 1.0 if, at the time of apportionment, any county,
not designated as a nonattainment or maintenance area under
the 1-hour ozone standard, is designated as nonattainment
under the 8-hour ozone standard; or
[``(ix) 1.2 if, at the time of apportionment, the area is
not a nonattainment or maintenance area as described in
section 149(b) for ozone or carbon monoxide, but is an area
designated nonattainment under the PM-2.5 standard.'';
[(6) by amending paragraph (2)(C) to read as follows:
[``(C) Additional adjustment for carbon monoxide areas.--
If, in addition to being designated as a nonattainment or
maintenance area for ozone as described in section 149(b),
any county within the area was also classified under subpart
3 of part D of title I of such Act (42 U.S.C. 7512 et seq.)
as a nonattainment or maintenance area described in section
149(b) for carbon monoxide, the weighted nonattainment or
maintenance area population of the county, as determined
under clauses (i) through (vi) of subparagraph (B), shall be
further multiplied by a factor of 1.2.''; and
[(7) by redesignating paragraphs (2)(D) and (2)(E) as
(2)(E) and (2)(F) and inserting after paragraph (2)(C) a new
paragraph (2)(D) to read as follows:
[``(D) Additional adjustment for pm 2.5 areas.--If, in
addition to being designated as a nonattainment or
maintenance area for ozone, carbon monoxide or both as
described in section 149(b), any county within the area was
also designated under the PM-2.5 standard as a nonattainment
or maintenance area, the weighted nonattainment or
maintenance area population of those counties shall be
further multiplied by a factor of 1.2.''.
[SEC. 1602. 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 tribes on environmental matters and should be followed to
the maximum extent practicable in the development of highway
construction and public transit improvements. These
principles are:
[(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
transit projects arising from the environmental review
process, while continuing to ensure the protection of the
human and natural environment.
[(b) Coordinated Environmental Review Process.--
[(1) Development and implementation.--The Secretary shall
develop and implement a coordinated environmental review
process for highway construction and public transit projects
that require--
[(A) the preparation of an environmental impact statement
or environmental assessment under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), except that the
Secretary may decide not to apply this section to the
preparation of an environmental assessment under such Act; or
[(B) the conduct of any other environmental review or
analysis, rendering of an opinion, or issuance of an
environmental permit, license, or approval under Federal law.
[(2) Memorandum of understanding.--
[(A) In general.--The coordinated environmental review
process may be specified for a particular project, class of
projects, or program and shall ensure that, whenever
practicable (as specified in this section), all environmental
reviews, analyses, opinions, and any permits, licenses, or
approvals that must be issued or made by any Federal agency
for the project concerned shall be conducted concurrently and
completed within a cooperatively determined time period. Such
process for a project, class of projects, or program may be
incorporated into a memorandum of understanding between the
Department of Transportation and affected Federal agencies
(and, where appropriate, State and local agencies and
federally recognized tribes).
[(B) Establishment of time periods.--In establishing the
time period referred to in subparagraph (A), and any time
periods for review within such period, the Department and all
such agencies shall take into account their respective
resources and statutory commitments.
[(c) Elements of Coordinated Environmental Review
Process.--For each project, the coordinated environmental
review process established under this section shall provide,
at a minimum, for the following elements:
[(1) Federal agency identification.--The Secretary shall,
at the earliest possible time, identify all potential Federal
agencies that--
[(A) have jurisdiction by law over or special expertise
related to environmental-related issues that may be affected
by the project and the analysis of which would be part of any
environmental document required by the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
[(B) may be required by Federal law to independently--
[(i) conduct an environmental-related review or analysis
for the project;
[(ii) determine whether to issue a permit, license, or
approval for the project; or
[(iii) render an opinion on the environmental impact of the
project.
[(2) Time limitations and concurrent review.--If requested
by the project sponsor, the Secretary and the head of each
Federal agency identified under paragraph (1)--
[(A)(i) shall jointly develop and establish time periods
for review for--
[(I) all Federal agency comments with respect to any
environmental documents required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
the project; and
[(II) all other independent Federal agency environmental
analyses, reviews, opinions, and decisions on any permits,
licenses, and approvals that must be issued or made for the
project; such that each such Federal agency's review shall be
undertaken and completed within such established time periods
for review; or
[(ii) may enter into an agreement to establish such time
periods for review with respect to a class of projects or
programs; and
[(B) shall ensure, in establishing such time periods for
review, that the conduct of any such analysis or review,
rendering of such
[[Page S406]]
opinion, and the issuance of such decision is undertaken
concurrently with all other environmental reviews for the
project, including the reviews required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
except that such review may not be concurrent if the affected
Federal agency can demonstrate that such concurrent review
would result in a significant adverse impact to the
environment or substantively alter the operation of Federal
law or would not be possible without information developed as
part of the environmental review process.
[(3) Factors to be considered.--Time periods for review
established under this section shall be consistent with the
time periods established by the Council on Environmental
Quality under sections 1501.8 and 1506.10 of title 40, Code
of Federal Regulations.
[(4) Extensions.--The Secretary shall extend any time
periods for review under this section if, upon good cause
shown, the Secretary and any Federal agency concerned
determine that additional time for analysis and review is
needed. Any memorandum of understanding shall be modified to
incorporate any mutually agreed-upon extensions.
[(d) Clarification Regarding Environmental Impact
Statements Prepared by State and Local Transportation
Agencies.--Any project sponsor that is a State or local
governmental entity eligible to receive funds under this Act,
chapter I of title 23, United States Code; or chapter 53 of
title 49, United States Code, may, at the discretion of the
Secretary, serve as a joint lead agency with the Department
for purposes of preparing any environmental document under
the National Environmental Policy Act of 1969, as amended (42
U.S.C. 4321, et seq.), and may prepare any such environmental
documents required in support of any action or approval by
the Secretary, provided that the Department furnishes
guidance in such preparation and independently evaluates such
document, and provided that the document is approved and
adopted by the Secretary prior to the Secretary taking any
subsequent action or making any approval based on such
document, whether or not the Secretary's action or approval
results in Federal funding. The Secretary shall ensure that
the project sponsor complies with all design and mitigation
commitments made jointly by the Secretary and the project
sponsor in such environmental document, or that the document
is appropriately supplemented if project changes become
necessary. Any such environmental document prepared in
accordance with this subsection may be adopted or used by any
Federal agency making any approval to the same extent that
such Federal agency could adopt or use a document prepared by
another Federal agency.
[(e) Dispute Resolution.--When the Secretary determines
that a Federal agency which is subject to a time period under
this section for its environmental review has failed to
complete its review, analysis, opinion, or decision on
issuing any permit, license, or approval within the
established time period or within any agreed-upon extension
to such time period, the Secretary may, after notice and
consultation with such agency, close the record on the matter
before the Secretary. If the Secretary finds, after timely
compliance with this section, that an environmental issue
related to the project over which an affected Federal agency
has jurisdiction under Federal law has not been resolved, the
Secretary and the head of the Federal agency shall resolve
the matter not later than 30 days after the date of the
finding by the Secretary. The dispute resolution procedures
established pursuant to this subsection may be initiated by
the Secretary or by the Governor of any State in which a
highway construction or public transit project is located, or
by the head of any Federal agency subject to the time period
under this subsection.
[(f) Participation of State Agencies.--For any project
eligible for assistance under chapter 1 of title 23, United
States Code, a State, under State law, may require that all
State agencies that have jurisdiction by State or Federal law
over environmental-related issues that may be affected by the
project, or that are required to issue any environmental-
related reviews, analyses, opinions, or determinations on
issuing any permits, licenses, or approvals for the project,
be subject to the coordinated environmental review process
established under this section unless the Secretary
determines that a State agency's participation would not be
in the public interest. If a State wishes to participate in
the review process, the State must require all such State
agencies with jurisdiction by law to be subject to and comply
with the review process to the same extent as a Federal
agency.
[(g) Assistance to Affected State and Federal Agencies.--
[(1) In general.--The Secretary may approve a request by a
State to provide funds made available under chapter 1 of
title 23, United States Code, or for a public transit project
made available under chapter 53 of title 49, United States
Code, to the State for the project, class of projects, or
program subject to the coordinated environmental review
process established under this section, to affected Federal
agencies, including the Department of Transportation, to
State agencies participating in the coordinated environmental
review process, and to federally recognized tribes, to
provide the resources necessary to meet any time limits
established under this section. The Secretary also may use
funds made available under section 204 of title 23, United
States Code, for the purposes specified under this
subsection.
[(2) Amounts.--Such requests under paragraph (1) shall be
approved only--
[(A) for the additional amounts that the Secretary
determines are necessary for the affected Federal agencies to
meet the time limits for environmental review; and
[(B) if such time limits are less than the customary time
necessary for such review.
[(h) Judicial Review and Savings Clause.--
[(1) Judicial review.--Except as set forth under subsection
(i), nothing in this section shall affect the reviewability
of any final Federal agency action in a court of the United
States.
[(2) Savings clause.--Nothing in this section shall affect
the applicability of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or any other Federal
environmental statute or affect the responsibility of any
Federal officer to comply with or enforce any such statute.
[(i) Limitations on Claims.--Notwithstanding any other
provision of law, a claim arising under Federal law seeking
judicial review of a permit, license, or approval issued by a
Federal agency for a highway construction or public transit
project shall be barred unless it is filed within one hundred
eighty days after the permit, license, or approval is final
pursuant to the statute under which the agency action is
taken, unless a shorter time is specified in the Federal law
pursuant to which judicial review is allowed. Nothing in this
subsection shall create a right to judicial review or place
any limit on filing a claim that a person has violated the
terms of a permit, license, or approval.
[(j) Repeal.--Section 1309 of the Transportation Equity Act
for the 21st Century (Public Law 105-178; 112 Stat. 232; June
9, 1998) is repealed.
[SEC. 1603. ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.
[(a) General.--Section 138 of title 23, United States Code,
is repealed and the following new section is inserted:
[``Sec. 138. Assumption of responsibility for categorical
exclusions
[``(a) Categorical Exclusion Determinations.--Upon mutual
agreement, the Secretary may assign and a State may assume
responsibility for determining whether certain designated
activities are included within classes of action identified
in regulation by the Secretary that are categorically
excluded from requirements for environmental assessments or
environmental impact statements pursuant to regulations
promulgated by the Council on Environmental Quality, or other
successor law or regulation. Such determinations shall be
made by a State pursuant to criteria established by the
Secretary and only for types of activities specifically
designated by the Secretary. Such criteria shall include
provision for public availability of information consistent
with the Freedom of Information Act (5 U.S.C. 552).
[``(b) Other Applicable Federal Laws.--Upon mutual
agreement, the Secretary may assign and the State may assume
some or all of the Department's responsibilities for
environmental review, consultation, or other related actions
required under any Federal law applicable to activities that
are classified by the Secretary as categorical exclusions,
with the exception of government-to-government consultation
with Indian tribes, if the State also assumes decision-making
authority under this section. The State shall assume this
responsibility subject to the same procedural and substantive
requirements as would be required if that responsibility was
carried out by the Department. When a State assumes such
responsibility under a Federal law, it shall be solely
responsible and solely liable for complying with and carrying
out that law in lieu of the Department.
[``(c) Agreements.--The Secretary and the State shall enter
into a memorandum of understanding setting forth the
responsibilities to be assigned under this section and the
terms and conditions under which such assignments are to be
made. Such memorandums of understanding shall be established
for periods of no more than three years. In the memorandum of
understanding the State shall consent to accept the
jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary it may assume. The Secretary shall monitor the
State department of transportation's compliance with the
memorandum of understanding as well as the effectiveness of
the delegation, and will take into account the State's
performance in deciding whether and under what conditions to
renew a memorandum of understanding.
[``(d) Termination.--The Secretary may terminate any
assumption of responsibility under this section upon a
determination that a State is not adequately carrying out its
assigned responsibilities.
[``(e) State Subject to Federal Laws.--For purposes of
assuming theSecretary's responsibilities under this section,
the State agency signing the agreement in subsection (c) is
deemed to be a Federal agency to the extent the State is
carrying out the Secretary's responsibilities under the
National Environmental Policy Act, under this title, and
under any other Federal law.''.
[(b) Conforming Amendment.--The analysis of chapter 1 of
title 23 is amended by striking ``Preservation of parklands''
in the item relating to section 138 and inserting
``Assumption of responsibility for categorical exclusions.''.
[[Page S407]]
[SEC. 1604. SECTION 4(F) POLICY ON LANDS, WILDLIFE AND
WATERFOWL REFUGES, AND HISTORIC SITES.
[Section 303 of title 49, United States Code, is amended to
read as follows:
[``Sec. 303. Policy on lands, wildlife and waterfowl refuges,
and historic sites
[``(a) It is the policy of the United States Government
that special effort should be made to preserve the natural
beauty of the countryside and public park and recreation
lands, wildlife and waterfowl refuges, and historic sites.
[``(b) The Secretary of Transportation shall cooperate and
consult, when appropriate, with the Secretaries of the
Interior, Housing and Urban Development, and Agriculture, and
with the States, in developing transportation plans and
programs that include measures to maintain or enhance the
natural beauty of lands crossed by transportation activities
or facilities.
[``(c)(1) The Secretary of Transportation may approve a
transportation program or project requiring the use of
publicly owned land of a public park, recreation area, or
wildlife and waterfowl refuge of national, State, or local
significance, or land of a historic site of national, State,
or local significance (as determined by the Federal, State,
or local officials having jurisdiction over the park, area,
refuge or site) only if--
[``(A) there is no feasible and prudent alternative to
using that land, and
[``(B) the program or project includes all possible
planning to minimize harm to the park, recreation area,
wildlife and waterfowl refuge, or historic site resulting
from the use.
[``(2) In making approvals under this subsection, the
Secretary shall apply the following standards:
[``(A) The Secretary may eliminate an alternative as
infeasible if the Secretary finds that the alternative cannot
be implemented as a matter of sound engineering.
[``(B) The Secretary shall consider the following when
determining whether it would be prudent to avoid the use of
land of a resource subject to preservation under this
section:
[``(i) The relative significance of the land of the
resource being protected.
[``(ii) The views of the official or officials with
jurisdiction over the land.
[``(iii) The relative severity of the adverse effects on
the protected activities, attributes, or features that
qualify a resource for protection.
[``(iv) The ability to mitigate adverse effects.
[``(v) The magnitude of the adverse effects that would
result from the selection of an alternative that avoids the
use of the land of the resource.
[``(C) A mitigation measure or mitigation alternative under
paragraph (c)(1)(B) of this section is possible if it is
feasible and prudent. In evaluating the feasibility and
prudence of a mitigation measure or mitigation alternative
under paragraph (c)(1)(B) of this section, the Secretary
shall be governed by the standards of paragraphs (c)(2)(A)
and (B) of this subsection.
[``(d) The requirements of this section do not apply to--
[``(1) a project for a park road, parkway, or refuge road
under section 204 of title 23; or
[``(2) a highway project on land administered by an agency
of the Federal government, when the purpose of the project is
to serve or enhance the values for which the land would
otherwise be protected under this section, as jointly
determined by the Secretary of Transportation and the head of
the appropriate Federal land managing agency.
[``(e) The requirements of this section are deemed to be
satisfied where the treatment of an historic site (other than
a National Historic Landmark) has been agreed upon in
accordance with Section 106 of the National Historic
Preservation Act (16 U.S.C. 470f). The Secretary, in
consultation with the Advisory Council on Historic
Preservation, shall develop administrative procedures to
review the implementation of this subsection to ensure that
the objectives of the National Historic Preservation Act are
being met.
[``(f)(1) The Secretary may approve a request by a State to
provide funds made available under chapter 1 of title 23,
United States Code, to a State historic preservation office,
Tribal historic preservation office, or to the Advisory
Council on Historic Preservation to provide the resources
necessary to expedite the historic preservation review and
consultation process under section 303 of title 49 and under
section 470f of title 16, United States Code.
[``(2) The Secretary shall encourage States to provide such
funding to State historic preservation officers, tribal
historic preservation officers or the Advisory Council on
Historic Preservation where the investment of such funds will
accelerate completion of a project or classes of projects or
programs by reducing delays in historic preservation review
and consultation.
[``(3) Such requests under paragraph (1) shall be approved
only for the additional amounts that the Secretary determines
are necessary for a State historic preservation office,
tribal historic preservation office, or the Advisory Council
on Historic Preservation to expedite the review and
consultation process and only where the Secretary determines
that such additional amounts will permit completion of the
historic preservation process in less than the time
customarily required for such process.''.
[SEC. 1605. NATIONAL SCENIC BYWAYS PROGRAM.
[(a) In General.--Section 162 of title 23, United States
Code, is amended--
[(1) in subsection (a)(1), by inserting a comma after
``Byways'' and by striking ``or All-American Roads'' and
inserting ``All-American Roads, or one of America's Byways'';
[(2) in subsection (b)(1)(A), by inserting a comma after
``Byways'' and by striking ``or All-American Roads,'' and
inserting ``All-American Roads, or one of America's
Byways,'';
[(3) in subsection (b)(2)(A), by inserting a comma after
``Byway'' and by striking ``or All-American Road'' and
inserting ``All-American Road, or one of America's Byways'';
[(4) in subsection (b)(2)(B), by inserting a comma after
``Byway'' and by striking ``or All-American Road'' and
inserting ``All-American Road, or one of America's Byways'';
and
[(5) in subsection (c)(4), by striking ``passing lane,''.
[(b) Research, Technical Assistance, Marketing, and
Promotion.--Section 162 of such title is further amended--
[(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
[(2) by inserting after subsection (c) the following new
subsection:
[``(d) Research, Technical Assistance, Marketing, and
Promotion.--
[``(1) In general.--The Secretary may carry out research,
technical assistance, marketing, and promotion with respect
to State scenic byways, National Scenic Byways, All-American
Roads, or America's Byways.
[``(2) Cooperation, grants, and contracts.--The Secretary
may make grants to or enter into contracts, cooperative
agreements, and other transactions with any Federal agency,
State agency, authority, association, institution, for-profit
or nonprofit corporation, organization, foreign country, or
person, including the center for national scenic byways in
Duluth, Minnesota, to carry out the provisions of this
subsection.
[``(3) Funds.--The Secretary may use funds made available
for the National Scenic Byways Program to carry out projects
and activities under this subsection.
[``(4) Priority.--The Secretary shall give priority to
partnerships that leverage private, Federal , or other public
funds for research, technical assistance, marketing and
promotion.''; and
[(3) by adding the following at the end of subsection (g):
``The Federal share of the cost of projects or activities
under subsection (d) may be up to 100 percent.''.
[SEC. 1606. RECREATIONAL TRAILS PROGRAM.
[(a) Recreational Trails Program Formula.--Section
104(h)(1) of title 23, United States Code, is amended by
striking ``research and technical assistance under the
recreational trails program and for the administration of the
National Recreational Trails Advisory Committee'' and
inserting ``research, technical assistance, and training
under the recreational trails program''.
[(b) Recreational Trails Program Administration.--Section
206 of title 23, United States Code, is amended--
[(1) by striking subsection (c) and inserting the
following:
[``(c) State Responsibilities.--
[``(1) Eligibility.--To be eligible for apportionments
under this section--
[``(A) the Governor of the State shall designate the State
agency or agencies that will be responsible for administering
apportionments made to the State under this section; and
[``(B) the State shall establish a State recreational trail
committee that--
[``(i) has not less than 30 percent of its voting
membership representing nonmotorized recreational trail
users,
[``(ii) has not less than 30 percent of its voting
membership representing motorized recreational trail users,
[``(iii) must meet not less than once per Federal fiscal
year in a publicly announced public meeting, and
[``(iv) must be used to develop statewide trail program
policy and to rate, rank, and recommend recreational trails
program projects for funding.
[``(2) Obligation requirement.--If a State does not meet
the committee requirements within a fiscal year, it is not
eligible for an apportionment in the following fiscal
year.'';
[(2) by striking subsection (d)(2) and inserting the
following:
[``(2) Permissible uses.--Permissible uses of funds
apportioned to a State for a fiscal year to carry out this
section include--
[``(A) maintenance and restoration of 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)(A); and
[[Page S408]]
[``(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) use of trail crews, youth conservation or service
corps, or other appropriate means to carry out activities
under this section;
[``(H) operation of educational programs to promote safety
and environmental protection as those objectives relate to
the use of recreational trails, supporting non-law
enforcement trail safety and trail use monitoring patrol
programs, and providing trail-related training, but in an
amount not to exceed 5 percent of the apportionment made to
the State for the fiscal year; and
[``(I) payment of costs to the State incurred in
administering the program, but in an amount not to exceed 7
percent of the apportionment made to the State for the fiscal
year to carry out this section.'';
[(3) by striking subsection (d)(3)(C) and inserting the
following:
[``(C) Use of youth conservation or service corps.--A State
shall make available not less than 10 percent of its
apportionments for grants, cooperative agreements, or
contracts with qualified youth conservation or service corps
to perform recreational trails program activities.'';
[(4) in subsection (d)(3)(D), by striking ``(2)(F)'' and
inserting ``(2)(I)'';
[(5) by amending subsection (f)--
[(A) in paragraph (1)--
[(i) by inserting ``and the Federal share of the
administrative costs of a State'' after ``project''; and
[(ii) by striking ``not exceed 80 percent'' and inserting
in its place ``be determined in accordance with section
120(b)'';
[(B) in paragraph (2)(A), by striking ``80 percent of'' and
inserting ``the amount determined in accordance with section
120(b) for'';
[(C) in paragraph (2)(B), by inserting ``sponsoring the
project'' after ``Federal agency'';
[(D) by striking paragraph (5);
[(E) by redesignating paragraph (4) as paragraph (5), and
by striking ``80 percent'' and inserting in its place ``the
Federal share as determined in accordance with section
120(b)''; and
[(F) by inserting after paragraph (3)--
[``(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.'';
[(6) by inserting after subsection (h)(1)(B) the following:
[``(C) Planning and environmental assessment costs incurred
prior to project approval.--A project funded under
subsections (d)(2)(A) through (H) may allow pre-approval
planning and environmental compliance costs to be credited
toward the non-Federal share in accordance with subsection
(f), limited to costs incurred less than 18 months prior to
project approval.''; and
[(7) by striking paragraph (h)(2) and inserting the
following:
[``(2) Waiver of highway program requirements.--A project
funded under this section is intended to enhance recreational
opportunity and is not considered a highway project. Projects
funded under this section are not subject to sections 112,
113, 114, 116, 134, 135, 217, or 301 of this title; or
section 303 of title 49.''.
[SEC. 1607. EXEMPTION OF THE INTERSTATE SYSTEM.
[Subsection 103(c) of title 23, United States Code, is
amended by inserting the following after paragraph (4):
[``(5) Exemption of the interstate system.--The Interstate
Highway System, or any portion thereof, as designated
pursuant to subsection 103(c) of this title, shall not be
considered an historic site of national, State or local
significance for purposes of 49 U.S.C. 303, 16 U.S.C. 470f,
or 16. U.S.C. 470h-2 by virtue of being listed as a resource
on, or eligible for listing in, the National Register of
Historic Places. At the discretion of the Secretary, with the
advice of the Department of the Interior, individual elements
of the Interstate Highway System may receive the protection
of section 106 or section 110 of the National Historic
Preservation Act (16 U.S.C. 470f and 470h-2).''.
[SEC. 1608. MODIFICATION TO NHS/STP FOR INVASIVE SPECIES,
WETLANDS, BROWNFIELDS, AND ENVIRONMENTAL
RESTORATION.
[(a) Modifications to the NHS for Invasive Species,
Wetlands, Brownfields, and Environmental Restoration.--
[(1) Technical corrections.--Section 103 (b)(6) of title
23, United States Code, is amended in subparagraph (M)--
[(A) by striking ``1990'' and inserting ``2000''; and
[(B) by striking ``101-640'' and inserting ``106-541''.
[(2) State responsibility.--Section 103 (b)(6) is further
amended in subparagraph (M) by inserting ``as determined by
the State'' after ``to the maximum extent practicable''.
[(3) Eligible projects for nhs.--Section 103 (b)(6) is
further amended by adding at the end the following new
subparagraphs:
[``(Q) Environmental restoration and pollution abatement to
minimize or mitigate impacts of any transportation project
funded under this title (including the retrofit or
construction of storm water treatment systems to meet State
and Federal National Pollutant Discharge Elimination System
requirements under Section 402 of the Clean Water Act) to
address water pollution or environmental degradation caused
or contributed to by transportation facilities. When
transportation facilities are undergoing reconstruction,
rehabilitation, resurfacing, or restoration, the expenditure
of funds under this section for any such environmental
restoration or pollution abatement project shall not exceed
20 percent of the total cost of the reconstruction,
rehabilitation, resurfacing, or restoration project.
[``(R) In accordance with all applicable Federal law
(including applicable Federal regulations), participation in
the control of invasive plant species and the establishment
of native species related to projects funded under this
title, which may include participation in statewide
inventories of both invasive and desirable plant species and
regional native plant habitat conservation and mitigation,
and restoration plans. Contributions to the measures
described in the preceding sentence may take place concurrent
with or in advance of project construction; except that
contributions in advance of project construction may occur
only if the efforts are consistent with all applicable
requirements of Federal law (including applicable Federal
regulations) and State transportation planning processes.
[``(S) Remediation associated with the construction of a
project funded under this title on a brownfield site, as
defined in 42 U.S.C. 9601.''.
[(b) Modifications to the Surface Transportation Program
for Invasive Species, Wetlands, Brownfields, and
Environmental Restoration.--
[(1) Technical corrections.--Section 133 (b)(11) of title
23, is amended--
[(A) by striking ``1990'' and inserting ``2000''; and
[(B) by striking ``101-640'' and inserting ``106-541'';
[(2) State responsibility.--Section 133 (b)(11) is further
amended by inserting ``determined by the State'' after ``to
the maximum extent practicable''.
[(3) Eligible projects for surface transportation
program.--
[(A) Environmental restoration and pollution abatement.--
Section 133 of title 23, United States Code, is amended by
striking (b)(14) and inserting the following:
[``(14) Environmental restoration and pollution abatement
to minimize or mitigate impacts of any transportation project
funded under this title (including the retrofit or
construction of storm water treatment systems to meet State
and Federal National Pollutant Discharge Elimination System
requirements under Section 402 of the Clean Water Act) to
address water pollution or environmental degradation caused
or contributed to by transportation facilities. When
transportation facilities are undergoing reconstruction,
rehabilitation, resurfacing, or restoration, the expenditure
of funds under this section for any such environmental
restoration or pollution abatement project shall not
exceed 20 percent of the total cost of the reconstruction,
rehabilitation, resurfacing, or restoration project.''.
[(B) Invasive species control and brownfields remediation
efforts.--Section 133(b) of such title, as amended by this
Act, is further amended by adding at the end the following
new paragraphs:
[``(16) In accordance with all applicable Federal law
(including regulations), participation in the control of
invasive plant species and the establishment of native
species related to projects funded under this title, which
may include participation in statewide inventories of both
invasive and desirable plant species and regional native
plant habitat conservation and mitigation, and restoration
plans. Contributions to the measures described in the
preceding sentence may take place concurrent with or in
advance of project construction; except that contributions in
advance of project construction may occur only if the efforts
are consistent with all applicable requirements of Federal
law (including regulations) and State transportation planning
processes.
[``(17) Remediation associated with the construction of a
project funded under this title on a brownfield site, as
defined in 42 U.S.C. 9601.''.
[SEC. 1609. STANDARDS.
[(a) In General.--Section 109(a) of title 23 of the United
States Code is amended by--
[(1) striking ``and'' at the end of paragraph (1);
[(2) striking the period at the end of paragraph (2) and
inserting ``; and''; and
[(3) adding the following paragraph at the end of
subsection (a):
[``(3) consider the preservation, historic, scenic, natural
environment, and community values.''.
[[Page S409]]
[(b) Context Sensitive Design.--Section 109 of such title
is amended by striking subsection (p) and inserting the
following:
[``(p) Context Sensitive Design.--
[``(1) The Secretary shall encourage States to design
projects funded under title 23 to--
[``(A) allow for the preservation of environmental, scenic,
community, and/or historic values;
[``(B) ensure safe use of the facility for both passenger
and freight movement;
[``(C) provide for consideration of the context of the
locality;
[``(D) encourage access for other modes of transportation;
and
[``(E) comply with subsection (a).
[``(2) Notwithstanding subsections (b) and (c), the
Secretary may approve a project for the National Highway
System if the project is designed to achieve the criteria of
subparagraphs (A) through (E).''.
[SEC. 1610. USE OF HOV LANES.
[Section 102 of title 23, United States Code, is amended by
striking subsection (a) and inserting the following:
[``(a) High Occupancy Vehicle (HOV) Passenger
Requirements.--
[``(1) In general.--A State transportation department or
other responsible local agencies shall establish the
occupancy requirements of vehicles operating in HOV
facilities; except that no fewer than 2 occupants per vehicle
may be required, unless otherwise provided in paragraph (2).
[``(2) Exceptions to hov occupancy requirements.--
[``(A) Motorcycles.--Motorcycles shall not be considered
single occupant vehicles and shall be allowed to use HOV
facilities, except that upon certification by the responsible
agency to the Secretary, the agency may restrict such use by
motorcycles if such use would create a safety hazard.
[``(B) Low emission and energy-efficient vehicles.--
[``(i) Responsible agencies shall have the option of
allowing qualifying low emission and energy-efficient
vehicles to use HOV facilities if they do not satisfy the
established occupancy requirements.
[``(ii) Responsible agencies that allow qualifying low
emission and energy-efficient vehicles to use HOV facilities
shall--
[``(I) establish a program that addresses how such
qualifying vehicles are selected and certified;
[``(II) establish requirements for labeling qualifying
vehicles and procedures for enforcing such vehicles;
[``(III) continuously monitor, evaluate, and report on
performance; and
[``(IV) establish the policies and procedures that will
limit or restrict the use of such vehicles as necessary, to
ensure that the performance of individual facilities or the
entire system does not become seriously degraded.
[``(iii) As used in this subparagraph, the term ``low
emission and energy-efficient vehicles'' means vehicles that
have been certified--
[``(I) by the Administrator of the Environmental Protection
Agency to have a 45-mile-per-gallon or greater fuel economy
highway rating; or are defined as an alternative fuel vehicle
under section 301(2) of the Energy Policy Act of 1992 (42
U.S.C. 13211(2)); and
[``(II) as meeting Tier II emission level established in
regulations prescribed by the Administrator of the
Environmental Protection Agency under section 202(i) of the
Clean Air Act (42 U.S.C. 7521(i)) for that make and model
year vehicle.
[``(C) Bicycles.--Responsible agencies shall have the
option of allowing bicycles on surface street HOV facilities
when there is insufficient space within the roadway or public
right-of-way to establish and designate a bicycle lane.
[``(D) Tolling of vehicles.--Responsible agencies may
permit vehicles, in addition to those vehicles described in
paragraphs (A), (B), and (E) that do not satisfy the
established occupancy requirements, to use an HOV facility
only if they charge such vehicles a toll. The authority of an
agency to impose a toll shall be subject to section 129 of
this title. Any agency electing to toll such vehicles
shall also--
[``(i) establish a program that addresses how motorists can
enroll and participate;
[``(ii) develop, manage, and maintain a system that will
automatically collect the tolls that vehicles must pay;
[``(iii) continuously monitor, evaluate, and report on
performance;
[``(iv) establish the policies and procedures for varying
the toll that is charged to manage the demand to use the
subject facilities and enforcing violations; and
[``(v) establish procedures that will limit or restrict the
use of such vehicles as necessary, to ensure that the
performance of individual facilities or the entire system
does not become seriously degraded.
[``(E) Designated public transportation vehicles.--
[``(i) In this subparagraph, the term ``designated public
transportation vehicles'' means vehicles that provide
designated public transportation, as defined under section
12141 of title 42, and that are owned or operated by a public
entity or that are operating under contract to a public
entity.
[``(ii) Responsible agencies may permit designated public
transportation vehicles to use HOV facilities if they do not
satisfy the established occupancy requirements.
[``(iii) Any agency that permits designated public
transportation vehicles to use HOV facilities if they do not
satisfy the established occupancy requirements shall--
[``(I) establish requirements for clearly and identifiably
labeling vehicles operating under contract to the public
entity with the name of the public entity on all sides of the
vehicle;
[``(II) establish the policies and procedures to ensure
that vehicles operating under contract to the public entity
are in compliance with the labeling requirement under
subclause (I) of this clause;
[``(III) continuously monitor, evaluate, and report on
performance; and
[``(IV) establish the policies and procedures that will
limit or restrict the use of such vehicles as necessary, to
ensure that the performance of individual facilities or the
entire system does not become seriously degraded.
[``(3) HOV facility management, operation, and
monitoring.--Agencies that permit any of the exceptions
specified in paragraph (a)(2) shall be responsible for the
following:
[``(A) Performance monitoring, evaluation, and reporting.--
Responsible agencies shall be required to establish, manage,
and support a performance monitoring, evaluation, and
reporting program if they permit any of the exceptions
specified in paragraph (a)(2). This program shall
continuously monitor, assess, and report on the impacts that
any of these specific types of allowed vehicles may have on
the operation of individual HOV facilities and the entire HOV
system.
[``(B) Operation of hov facility or system.--Responsible
agencies shall limit or discontinue permitting any of the
exceptions specified in paragraph (a)(2), if the presence of
any of these specific types of allowed vehicles seriously
degrades the operation of individual HOV facilities or the
entire HOV system. For purposes of this section, ``seriously
degraded'' means that an HOV facility located on a freeway,
or similar type of roadway, fails to maintain a minimum
average operating speed of at least 45 miles per hour 90
percent of the time over a consecutive six-month period
during weekday peak travel periods. For HOV facilities on
other types of roadways, the minimum average operating speed,
performance threshold, and associated time period shall be
established based on the conditions unique to each roadway
and agreed to by the responsible agencies.''.
[SEC. 1611. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
[(a) In General.--Section 217 of title 23, United States
Code, is amended--
[(1) in subsection (a), by inserting ``pedestrian and''
after ``safe'';
[(2) in subsection (e), by striking ``bicycles'' each time
it appears and inserting ``pedestrians or bicyclists'' in
each instance;
[(3) by striking subsection (f) and inserting the
following:
[``(f) Federal Share.--The Federal share of the
construction of bicycle transportation facilities and
pedestrian walkways and for carrying out nonconstruction
projects related to safe pedestrian and bicycle use shall be
determined in accordance with section 120(b).'';
[(4) in subsection (j), by inserting after paragraph (4)
the following:
[``(5) Shared use path.--The term ``shared use path'' means
a multi-use trail or other path, physically separated from
motorized vehicular traffic by an open space or barrier,
either within a highway right-of-way or within an independent
right-of-way, and usable for transportation purposes. Shared
use paths may be used by pedestrians, bicyclists, skaters,
equestrians, and other nonmotorized users.''; and
[(5) by adding after subsection (j) the following:
[``(k) User Fees.--At the option of each State, a shared
use path funded under this section is not subject to the
provisions of 23 U.S.C. 301, provided that the shared use
path is not within a highway right-of-way, and the income
received from user fees is used for ongoing maintenance and
operation of shared use paths within the State.
[``(l) 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 to--
[``(A) operate a national bicycle and pedestrian
clearinghouse;
[``(B) develop information and educational programs; and
[``(C) disseminate techniques and strategies for improving
bicycle and pedestrian safety.
[``(2) Funding.--Funds provided under section 104(p) of
this title shall be available to carry out the provisions of
this section.
[``(3) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of
title 23, United States Code, except that the funds shall
remain available until expended.''.
[(b) Set-Aside.--Section 104 of title 23, United States
Code, is amended by adding, after subsection (o), as added by
this Act, the following:
[``(p) Bicycle and Pedestrian Safety Grants.--On October 1
of each fiscal year for fiscal years 2004 through 2009, the
Secretary, after making the deductions authorized by
subsections (a) and (f), shall set-aside $500,000 of the
remaining funds authorized to be apportioned under subsection
(b)(3) for carrying out the Bicycle and Pedestrian Safety
Grants under section 217 of this title.''.
[[Page S410]]
[SEC. 1612. TRANSPORTATION, ENERGY, AND ENVIRONMENT.
[(a) In General.--As part of the National Climate Change
Technology Initiative and the Climate Change Research
Initiative, the Secretary shall establish and carry out a
multimodal energy and climate change program to study the
relationship of transportation, energy, and climate change.
[(b) Contents.--The program to be carried out under this
section shall include, but not be limited to, research
designed to--
[(1) identify, develop and evaluate strategies to improve
energy efficiency and reduce greenhouse gas emissions from
transportation sources; and
[(2) identify and evaluate the potential effects of climate
changes on the nation's transportation systems, and
strategies to address these effects;
[(c) Project Selection.--Activities to be undertaken in
this program will be determined by an internal steering
committee established by the Secretary of Transportation.
This intermodal committee shall include representatives from
the Office of the Secretary and operating administrations
within the Department of Transportation as designated by the
Secretary.
[(d) Grants, Cooperative Agreements and Contracts.--The
Secretary may carry out this program independently or by
making grants to, or entering into contracts, cooperative
agreements, and other transactions, with a Federal agency,
State agency, local agency, authority, association, nonprofit
or for-profit corporation, or institution of higher
education.
[(e) Funding.--
[(1) Highway account.--
[(A) Funding.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this section $3,600,000 for fiscal year 2004,
$2,200,000 for fiscal year 2005, $2,200,000 for fiscal year
2006, $2,200,000 for fiscal year 2007, $2,700,000 for fiscal
year 2008, and $2,700,000 for fiscal year 2009.
[(B) Contract authority.--Funds authorized from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
this Section shall be available for obligation in the same
manner as if the funds were apportioned under Chapter 1 of
Title 23, United States Code, except that the Federal share
of the cost of a project or activity carried out using such
funds shall not exceed 100 percent and such funds shall
remain available until expended.
[(2) Mass transit account.--
[(A) Funding.--There is authorized to be appropriated from
the Mass Transit Account of the Highway Trust Fund to carry
out this section $400,000 for fiscal year 2004, $300,000 for
fiscal year 2005, $300,000 for fiscal year 2006, $300,000 for
fiscal year 2007, $300,000 for fiscal year 2008, and $300,000
for fiscal year 2009.
[(B) Contract authority.--A grant or contract that is
financed with amounts paid under this subparagraph from the
Mass Transit Account is a contractual obligation of the
United States Government to pay the Government's share of the
cost of the project.
[(3) Airport and airway trust fund.--There is authorized to
be appropriated from the Airport and Airway Trust Fund to
carry out this section $500,000 for fiscal year 2005,
$500,000 for fiscal year 2006, and $500,000 for fiscal year
2007.
[SEC. 1613. IDLING REDUCTION FACILITIES IN INTERSTATE RIGHTS-
OF-WAY.
[Section 111 of Title 23 of the United States Code is
hereby amended by adding at the end the following:
[``(d) Idling Reduction Facilities in Interstate Rights-of-
Way.--Notwithstanding the prohibition on commercial
establishments set forth in subsection (a), any State may
permit electrification or other idling reduction facilities
and equipment, for use by motor vehicles used for commercial
purposes, to be placed in rest and recreation areas, and in
safety rest areas, constructed or located on rights-of-way of
the Interstate System in such State, and may charge, or
permit charges for the use of such facilities. The exclusive
purpose of such facilities or technologies shall be to enable
operators of such vehicles to turn off their engines while
parked and still have heating, air conditioning, electricity,
and communication services in the vehicle.''.
[SEC. 1614. APPROPRIATION FOR TRANSPORTATION PURPOSES OF
LANDS OR INTEREST IN LANDS OWNED BY THE UNITED
STATES.
[(a) In General.--Section 317 of title 23, United States
Code, is amended to read as follows:
[``Sec. 317. Appropriation for transportation purposes of
lands or interest in lands owned by the United States
[``(a) In General.--If the Secretary determines that any
part of the lands or interests in land owned by the United
States are reasonably necessary for any project administered
under this title or as a source for materials for such a
project, the Secretary is authorized to file with the
Secretary of the Department supervising the administration of
such lands or interests in lands a description and a map
showing the portion of such lands or interests in lands which
it is necessary to appropriate. The Secretary of such
Department shall have a period of up to four months to review
the proposed appropriation and to designate reasonable
mitigation measures necessary to protect the adjacent federal
lands from adverse environmental impacts, or to certify that
the proposed appropriation is contrary to the purposes for
which such lands or materials have been reserved. If no such
certification is received, the Secretary may appropriate and
transfer such lands or interests in lands to the State
transportation department, or its nominee, subject to
such reasonable mitigation measures designated above. If
at any time the need for such lands or materials for
transportation purposes shall no longer exist, notice of
the fact shall be given by the State transportation
department to the Secretary and the Secretary of the
Department from which they had been appropriated. Such
lands or materials may, at the discretion of the Secretary
of the Department from which they had been appropriated or
its designee, revert to the United States, under the
control of such Secretary, or its designee. Unless
otherwise instructed by the Secretary, prior to any such
reversion the State transportation department shall
restore the land to its former condition.
[``(b) Prior Restrictions or Encumbrances.--Notwithstanding
any other provision of law, the acquisition and use of land
under this section may proceed irrespective of any prior deed
restrictions or other encumbrances that were imposed as a
condition on the receipt of Federal funds.''.
[(b) Conforming Amendment.--The analysis for chapter 3 of
such title is revised by amending the item relating to
section 317 to read as follows:
[``317. Appropriation for transportation purposes of lands or interest
in lands owned by the United States.''.
[SEC. 1615. TOLL PROGRAMS.
[(a) Interstate System Reconstruction and Rehabilitation
Pilot Program.--Sec. 1216(b) of the Transportation Equity Act
for the 21st Century is amended--
[(1) in paragraph (1), by striking ``that could not
otherwise be adequately maintained or functionally improved
without the collection of tolls'';
[(2) in paragraph (3), by striking subparagraph (C) and
inserting the following:
[``(C) An analysis demonstrating that financing the
reconstruction or rehabilitation of the facility with the
collection of tolls under this pilot program is the most
efficient, economical, or expeditious way to advance the
project.''; and
[(3) in paragraph (4),
[(A) by striking subparagraph (A) and inserting the
following:
[``(A) the State's analysis showing that financing the
reconstruction or rehabilitation of this facility with the
collection of tolls under this program is the most efficient,
economical, or expeditious way to advance the project is
reasonable;'';
[(B) by striking subparagraph (B) and inserting the
following:
[``(B) the facility needs reconstruction or
rehabilitation;'';
[(C) by striking subparagraph (C); and
[(D) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively.
[(b) Variable Toll Pricing Program.--
[(1) Establishment.--The Secretary, notwithstanding
sections 129 and 301 of title 23, United States Code, may
permit a State or public authority to toll any highway,
bridge, or tunnel, including facilities on the Interstate
System, to manage existing high levels of congestion or
reduce emissions in a nonattainment area or maintenance area.
[(2) Basic program.--The following conditions apply to any
variable toll pricing program established under this section:
[(A) Limitation on use of revenues.--All toll revenues
received from the operation of the toll facility shall be
used first for debt service, reasonable return on investment
of any private financing, and the costs necessary for proper
operation and maintenance of the toll facility (including
reconstruction, resurfacing, restoration, and
rehabilitation). If the State or public authority certifies
annually that the tolled facility is being adequately
maintained, then the State or public authority may use any
excess toll revenues for projects eligible for Federal
assistance under title 23, United States Code.
[(B) Agreement.--Before the Secretary may permit tolling
under this subsection, and for each facility that may be
tolled, the Secretary and the State or public authority must
enter into an agreement providing for the conditions in
subparagraphs (A) and (C) of this paragraph. The agreement
shall terminate upon the decision of the State or public
authority to discontinue its variable tolling program for
that facility. If there is any debt outstanding on the
facility at the time the decision is made to discontinue the
program, the facility may continue to be tolled in accordance
with the terms of the agreement until the debt is retired.
[(C) Requirements.--
[(i) Variable price requirement.--The Secretary shall
require, for each facility that may be tolled under this
subsection, that the tolls vary in price according to time of
day, as appropriate, to manage congestion or to improve air
quality.
[(ii) HOV passenger requirements.--In addition to the
exceptions to the high occupancy vehicle passenger
requirements established under section 102(a)(2) of title 23,
United States Code, a State may permit vehicles with fewer
than 2 occupants to operate in high occupancy vehicle lanes
as part of a variable toll pricing program established under
this subsection.
[(D) Limitation on federal share.--The Federal share
payable for projects on the
[[Page S411]]
tolled facility, including projects to install toll
collection facilities, shall be a percentage determined by
the State but shall not exceed 80 percent.
[(3) Eligibility.--To be eligible to participate in the
program, a State or public authority shall provide to the
Secretary--
[(A) a description of the congestion or air quality
problems sought to be addressed under this program;
[(B) an identification of the goals sought to be achieved
and the performance measures that would be used to gauge the
success made toward reaching those goals; and
[(C) such other information as the Secretary may require.
[(4) Definitions.--
[(A) Maintenance area.--The term ``maintenance area'' has
the same meaning given the term under section 101 of title
23, United States Code.
[(B) Nonattainment area.--The term ``nonattainment area''
has the same meaning given the term under section 7501 of
title 42, United States Code.
[(c) Repeal.--Section 1012(b) of the Intermodal Surface
Transportation Efficiency Act, as amended by section 1216(a)
of the Transportation Equity Act for the 21st Century, is
repealed. Notwithstanding the repeal of section 1012(b), the
Secretary shall monitor and allow any value pricing program
established under a cooperative agreement in effect on the
date of enactment of this Act to continue.
[SEC. 1616. OZONE STANDARDS, PARTICULATE MATTER STANDARDS,
AND REGIONAL HAZE PROGRAM.
[(a) Title.--The heading of title VI of the Transportation
Equity Act for the 21st Century (Public Law 105-178; 112
Stat. 463; June 9, 1998) is amended to read as follows:
[``TITLE VI--OZONE STANDARDS, PARTICULATE MATTER STANDARDS, AND
REGIONAL HAZE PROGRAM''
[(b) Findings and Purpose.--Section 6101 of such Act is
amended to read as follows:
[``Sec. 6101. Findings and Purpose
[``(a) The Congress finds that--
[``(1) the fine particle (PM-2.5) standards promulgated by
the Administrator of the Environmental Protection Agency
(referred to in this title as ``Administrator'') in July 1997
were established to protect the public health and welfare;
[``(2) there is a continuing need for PM-2.5 air quality
monitoring data;
[``(3) with three years of PM-2.5 air quality monitoring
data for all areas expected to be available by 2003 it is
important to move forward to designate areas as attainment or
nonattainment and proceed with implementation of these
standards;
[``(4) it will be beneficial to States to develop and
submit implementation plans for the PM-2.5 standards and the
regional haze program at the same time; and
[``(5) Western States that participated in the Grand Canyon
Visibility Transport Commission should be permitted to submit
plans in 2003 to implement recommendations set forth in the
Commission's report.
[``(b) The purposes of this title are--
[``(1) to ensure the availability of PM-2.5 air quality
monitoring data;
[``(2) to establish a deadline for the designation of areas
for the PM-2.5 standards; and
[``(3) to ensure that States are able to develop PM-2.5 and
regional haze implementation plans at the same time for all
areas within a State, while continuing to allow nine Western
States the option of submitting regional haze plans in 2003
to implement regional haze requirements based on the 1996
recommendations of the Grand Canyon Visibility Transport
Commission.''.
[(c) Particulate Matter and Regional Haze.--
[(1) The heading of section 6102 of the Transportation
Equity Act for the 21st Century is amended to read as
follows:
[``Sec. 6102. Particulate matter and regional haze programs''
[(2) Section 6102(c) of such Act is amended to read as
follows:
[``(c)(1) The Governors shall be required to submit
designations referred to in section 107(d)(1) of the Clean
Air Act (42 U.S.C. 7407(d)(1)) for each area following
promulgation of the July 1997 PM-2.5 national ambient air
quality standard by September 30, 2003, based on air quality
monitoring data collected in accordance with any applicable
Federal reference methods for the relevant areas. Only data
from the monitoring network designated in subsection (a) and
other Federal reference method PM-2.5 monitors shall be
considered for such designations. Nothing in the previous
sentence shall be construed as affecting the Governor's
authority to designate an area initially as nonattainment,
and the Administrator's authority to promulgate the
designation of an area as nonattainment, under section
107(d)(1) of the Clean Air Act, based on its contribution to
ambient air quality in a nearby nonattainment area.
[``(2)(A) Each State shall submit, for the entire State,
the State implementation plan revisions to meet the
requirements promulgated by the Administrator under section
169B(e)(1) of the Clean Air Act (42 U.S.C. 7492(e)(1))
(hereinafter in this paragraph referred to as `the regional
haze requirements') by 3 years after the date the
Administrator promulgates the designations referred to in
subsection (d) for such State.
[``(B) The provisions of subparagraph (A) of this paragraph
shall not preclude the implementation of the agreements and
recommendations set forth in the Grand Canyon Visibility
Transport Commission Report dated June 1996. These provisions
shall not preclude the submission of State implementation
plan revisions by the States of Arizona, California,
Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, or Wyoming
by December 31, 2003, for implementation of the regional haze
requirements as they apply to such States. Each of the
aforementioned States submitting such plan revisions shall
also submit statewide implementation plan revisions, as
required under subparagraph (A), to address, as necessary,
any additional mandatory Class I Federal areas not addressed
by the revisions submitted pursuant to the preceding
sentence.''.
[(3) Section 169B(e)(2) of the Clean Air Act (42 U.S.C.
7492(e)(2)) is repealed.
[(4) Section 6102(d) of the Transportation Equity Act for
the 21st Century is amended to read as follows:
[``(d) Notwithstanding any other provision of law, the
Administrator shall promulgate the designations referred to
in subsection (d) of section 107 of the Clean Air Act for
each area of each State for the July 1997 PM-2.5 national
ambient air quality standards by December 31, 2004.''.
[(d) Conforming Amendment.--Section 1(b) of the
Transportation Equity Act for the 21st Century is amended in
the Table of Contents--
[(1) in the heading for title VI, by striking ``OZONE AND
PARTICULATE MATTER STANDARDS'' and inserting ``OZONE
STANDARDS, PARTICULATE MATTER STANDARDS, AND REGIONAL HAZE
PROGRAM''; and
[(2) in the item relating to section 6102, by striking
``monitoring program'' and inserting ``and regional haze
programs''.
[SEC. 1617. INDEMNIFICATION ON CERTAIN RAILBANKED PROJECTS.
[Where, pursuant to a final judgment, a Federal court finds
the United States liable by operation of section 8(d) the
National Trails System Act (enacted by section 208 of Pub. L.
98-11, 97 Stat. 48) (16 U.S.C. 1247(d)), for a taking of
property under the Fifth Amendment to the United States
Constitution, a State that has received funds, after the date
of enactment of this Act, under a Federal-aid highway program
established under title 23, United States Code, and that has
used a portion of those funds to acquire, develop, maintain
or improve a railroad right-of-way that is the subject of the
judgment, shall indemnify the United States up to the lesser
amount of the judgment awarded (including attorney fees) or
the Federal-aid highway program funds received in connection
with that railroad right-of-way.
[Subtitle G--Program Efficiencies and Improvements--Operations
[SEC. 1701. TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.
[(a) Definitions.--Section 101(a) of title 23, United
States Code, is amended--
[(1) in paragraph (3)--
[(A) by inserting ``and intermodal operations to enhance
security'' after ``program'' in the first sentence; and
[(B) in subparagraph (G), by striking ``traffic control
systems,'';
[(2) in paragraph (18), as redesignated by this Act, by
inserting ``costs incurred by transportation agencies
attributed to operation of technology used to monitor
critical transportation infrastructure for security
purposes,'' after ``rent,'' and by inserting ``transportation
systems management and operations and'' after ``with'';
[(3) in paragraph (19)(A)(i), as redesignated by this Act,
by inserting--
[(A) ``transportation system management and operations,
including,'' after ``for'';
[(B) ``and transportation security'' after ``installation
of traffic''; and
[(C) ``equipment and programs for transportation response
to manmade and natural disasters,'' after ``incident
management programs,'';
[(4) by redesignating paragraphs (39) and (40), as
redesignated by this Act, as paragraphs (40) and (41),
respectively; and
[(5) by inserting new paragraph (39) after paragraph (38),
as follows:
[``(39) Transportation systems management and operations.--
The term `transportation systems management and operations'
means an integrated program to optimize the performance of
existing infrastructure through the implementation of multi-
and intermodal, cross-jurisdictional systems, services, and
projects designed to preserve capacity and improve security,
safety, and reliability of Federal-aid highways.
Transportation systems management and operations includes
regional operations collaboration and coordination activities
between transportation and public safety agencies, and
improvements such as traffic detection and surveillance,
arterial management, freeway management, demand management,
work zone management, emergency management, electronic toll
collection, automated enforcement, traffic incident
management, roadway weather management, traveler information
services, commercial vehicle operations, traffic control,
freight management, and coordination of highway, rail,
transit, bicycle, and pedestrian operations.''.
[(b) Congestion Mitigation and Air Quality Improvement
Program Eligibility.--Section 149(b)(5) of such title is
amended by inserting ``improve transportation systems
management and operations,'' after ``intersections,''.
[[Page S412]]
[(c) Surface Transportation Program Eligibility.--Section
133(b) of such title, as amended by section 1608 of this Act,
is further amended by adding at the end the following:
[``(17) Regional transportation operations collaboration
and coordination activities that are associated with regional
improvements, such as traffic incident management, technology
deployment, emergency management and response, traveler
information, and regional congestion relief.''.
[(d) Transportation Systems Management and Operations.--
Chapter 1 of such title, as amended by this Act, is further
amended by inserting the following new section after section
164:
[``Sec. 165. Transportation systems management and operations
[``(a) Authority.--To ensure efficient and effective
transportation systems management and operations on Federal-
aid highways, through collaboration, coordination, and real-
time information sharing, at a regional level, between
transportation system managers and operators, public safety
officials, and the general public, and to manage and operate
Federal-aid highways in a coordinated manner to preserve the
capacity and maximize the performance of existing highway and
transit facilities for travelers and carriers, the Secretary
of Transportation may--
[``(1) encourage transportation system managers, operators,
public safety officials, and transportation planners within
an urbanized area, who are actively engaged in and
responsible for conducting the day-to-day management,
operations, public safety, and planning of transportation
facilities and services, to collaborate and coordinate on a
regional level in a continuous and sustained manner, for
improved transportation systems management and operations,
including, at a minimum--
[``(A) developing a regional concept of operations that
defines a regional strategy shared by all transportation and
public safety participants for how the regions' systems
should be managed, operated, and measured;
[``(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 (highways, transit, public
safety), jurisdictions (including states, cities, counties,
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:
[``(1) Assist and cooperate with other Federal departments
and agencies, State and local governments, metropolitan
planning organizations, private industry, and other
interested parties to improve regional collaboration and
real-time information sharing between transportation system
managers and operators, public safety officials, emergency
managers, and general public to increase security, safety,
and reliability of our Federal-aid highways.
[``(2) Issue, if necessary, new guidance or regulations for
the procurement of transportation system management and
operations facilities, equipment, and services, including but
not limited to equipment procured in preparation for manmade
or natural disasters and emergencies, system hardware,
software, and software integration services. In developing
such guidelines, the Secretary may consider innovative
procurement methods that support the timely and streamlined
execution of transportation system management and operations
programs and projects.
[``(3) Approve for Federal financial assistance from funds
apportioned under section 104(b)(3) of this title support for
regional operations collaboration and coordination activities
that are associated with regional improvements, such as
traffic incident management, technology deployment, emergency
management and response, traveler information, and congestion
relief.''.
[(e) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by inserting after the item relating to
section 164 the following:
[``165. Transportation systems management and operations.''.
[SEC. 1702. REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM.
[(a) Goals and Purposes.--
[(1) Goals.--The goals of the real-time system management
information program are to provide the nationwide capability
to monitor, in real-time, the traffic and travel conditions
of our nation's major highways and to widely share that
information to improve the security of the surface
transportation system, address congestion problems, support
improved response to weather events, and facilitate national
and regional traveler information.
[(2) Purposes.--The purposes of the real-time system
management information program are to--
[(A) establish a nationwide system of basic real-time
information for managing and operating our surface
transportation system;
[(B) identify longer range real-time highway and transit
monitoring needs and develop plans and strategies for meeting
those needs; and
[(C) provide the capability and means to share that data
with state and local governments, and the traveling public.
[(b) Data Exchange Formats.--Within one year of enactment
of this Act, the Secretary shall establish data exchange
formats to ensure that the data provided by highway and
transit monitoring systems, including statewide incident
reporting systems can readily be exchanged across
jurisdictional boundaries, facilitating nationwide
availability of information.
[(c) Statewide Incident Reporting System.--Within 2 years
of enactment of this legislation, each State shall establish
a statewide incident reporting system.
[(d) Regional Intelligent Transportation System
Architecture.--
[(1) As State and local governments develop or update their
regional ITS architectures, as specified in section 940.9 of
title 23, Code of Federal Regulations (Regional ITS
Architecture), they shall explicitly address their real-time
highway and transit information needs and the systems needed
to meet those needs. This specific incorporation of
information needs should address coverage, monitoring
systems, data fusion and archiving, and methods of exchanging
or sharing this information.
[(2) States are encouraged to incorporate the data exchange
formats developed by the Secretary to ensure that the data
provided by highway and transit monitoring systems can
readily be exchanged across state and local governments, and
with the traveling public.
[(e) Eligilibity.--
[(1) Use of surface transportation program funds.--Subject
to project approval by the Secretary, a State may obligate
funds apportioned to it under section 104(b)(3) of title 23,
United States Code, for activities related to the planning
and deployment of real-time monitoring elements.
[(2) Use of national highway system funds.--Subject to
project approval by the Secretary, a State may obligate funds
apportioned to it under section 104(b)(1) of title 23, United
States Code, for activities related to the planning and
deployment of real-time monitoring elements.
[(3) Use of state planning and research funds.--Subject to
project approval by the Secretary, a State may obligate funds
available under section 104(i) of title 23, United States
Code, as amended by section 1503 of this Act, for activities
related to the planning of real-time monitoring elements.
[(f) Definition.--In this section, the term ``statewide
incident reporting system'' means a statewide system for
facilitating the real-time electronic reporting of incidents
to a central location for use in monitoring the event,
providing accurate traveler information, and responding to
the incident as appropriate.
[SEC. 1703. INTELLIGENT TRANSPORTATION SYSTEMS PERFORMANCE
INCENTIVE PROGRAM.
[(a) In General.--The Secretary shall establish a
comprehensive incentive program to accelerate the integration
and interoperability of intelligent transportation systems in
order to improve the performance of the surface
transportation system in metropolitan and rural areas.
[(b) Definitions.--
[(1) Intelligent transportation systems.--The term
``intelligent transportation systems'' has the meaning given
the term under section 5507 of this Act.
[(2) National highway system.--The term ``National Highway
System'' means the Federal-aid highway system described in
section 103(b) of title 23, United States Code.
[(3) Region.--The term ``region'' means any geographic area
that identifies the boundaries of the regional Intelligent
Transportation Systems architecture and is defined by the
needs of the participating agencies and their stakeholders
for the purposes of improving surface transportation
operations. A region may include a metropolitan planning
area, a corridor, a State, or multiple states.
[(c) Goal.--The goal of the intelligent transportation
systems performance incentive program is to reduce traffic
congestion, improve transportation system reliability,
provide better customer service to users of the highway
system, and improve safety and security by providing
financial incentives to transportation agencies to invest in
proactively monitoring and managing the performance of the
transportation system.
[(d) Purpose.--The purpose of the intelligent
transportation systems performance incentive program is to
support the deployment and integration of intelligent
transportation systems based on the performance of these
systems in improving the management and operation of their
surface transportation systems.
[(e) Regulations.--
[(1) Issuance.--The Secretary of Transportation shall issue
regulations establishing a funding formula for the
distribution of funds under this section.
[(2) Basis for funding formula.--The funding formula shall
be based on criteria that reflect each State's--
[[Page S413]]
[(A) reductions in delay due to incidents;
[(B) improvements in the operation and safety of signalized
intersections;
[(C) reductions in delay and improvements in safety of work
zones on the National Highway System;
[(D) improvements in the efficiency and reliability of
transit services;
[(E) overall improvement in integrated regional
transportation operations;
[(F) improvements in the quality and availability of
traveler information;
[(G) improved crash notification; and
[(H) improvements in the safety and productivity of
commercial vehicle operations on the National Highway System.
[(3) Effective date.--The funding formula shall take effect
in the fiscal year established by the Secretary in the
regulations.
[(4) Apportionment phase-in.--The funding formula shall
provide for the apportionment of funds in the following
manner:
[(A) First fiscal year.--In the first fiscal year that the
funding formula is in effect, 50 percent of the sums
authorized to be appropriated for expenditure on the
intelligent transportation systems performance incentive
program for that fiscal year shall be apportioned according
to the funding formula developed under this subsection and 50
percent of the amount shall be apportioned in accordance with
the formula set forth in section 104(b)(1)(A)(i) through (iv)
of title 23, United States Code.
[(B) Second fiscal year.--In the second fiscal year the
funding formula is in effect, 75 percent of the sums
authorized to be appropriated for expenditure on the
intelligent transportation systems performance incentive
program for that fiscal year shall be apportioned according
to the funding formula developed under this subsection and 25
percent of the amount shall be apportioned in accordance with
the formula set forth in section 104(b)(1)(A)(i) through (iv)
of title 23, United States Code.
[(C) Third and subsequent fiscal years.--In the third and
subsequent fiscal years, the sums authorized to be
appropriated for expenditure on the intelligent
transportation systems performance incentive program shall be
apportioned according to the funding formula developed under
this subsection.
[(f) Funding.--
[(1) Applicability of title 23, united states code.--Funds
authorized to be appropriated under section 1101(a)(13) of
this Act shall be available for obligation in the same manner
and to the same extent as if such funds were apportioned
under chapter 1 of title 23, United States Code, except that
such funds shall remain available until expended.
[(2) Federal share.--The Federal share payable under
section 120(b) of title 23, United States Code, shall apply
to any project carried out under this section.
[(g) Apportionments.--The Secretary shall apportion the
sums authorized to be appropriated for expenditure on the
intelligent transportation systems performance incentive
program among the States in accordance with the formula set
forth in section 104(b)(1)(A)(i) through (iv) of title 23,
United States Code, until the fiscal year established by the
regulation under subsection (e)(3).
[(h) Use of Funds.--Amounts apportioned under this section
shall be used for projects involving planning, deployment,
integration, and operation of intelligent transportation
systems, or any other project or activity designed to further
improve system operations. Funds apportioned to each State
under this section should be made available for projects in
metropolitan planning areas, corridors, and other regions as
appropriate to improve operations.
[SEC. 1704. 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 vehicle
operations, including commercial vehicle, 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) Eligibility.--To be eligible for a core deployment
grant under this section, a State--
[(A) shall have a Commercial Vehicle Information Systems
and Networks program plan and a top level system design
approved by the Secretary;
[(B) shall certify to the Secretary that its Commercial
Vehicle Information Systems and Networks deployment
activities, including hardware procurement, software and
system development, and infrastructure modifications, are
consistent with the national intelligent transportation
systems and Commercial Vehicle Information Systems and
Networks architectures and available standards, and promote
interoperability and efficiency to the extent practicable;
and
[(C) shall agree to execute interoperability tests
developed by the Federal Motor Carrier Safety Administration
to verify that its systems conform with the national
intelligent transportation systems architecture, applicable
standards, and protocols for Commercial Vehicle Information
Systems and Networks.
[(3) Amount of grants.--The maximum aggregate amount a
State may receive under this section for the core deployment
of Commercial Vehicle Information Systems and Networks may
not exceed $2,500,000 million, including funds received under
sections 4001(e) and 5001(a)(5) and (6) of the Transportation
Equity Act for the 21st Century for the core deployment of
Commercial Vehicle Information Systems and Networks.
[(4) Use of funds.--Funds from a grant under this
subsection may only be used for the core deployment of
Commercial Vehicle Information Systems and Networks. Eligible
States that have either completed the core deployment of
Commercial Vehicle Information Systems and Networks or
complete such deployment before core deployment grant funds
are expended, may use the remaining core deployment grant
funds for the expanded deployment of Commercial Vehicle
Information Systems and Networks in their State.
[(d) Expanded Deployment Grants.--
[(1) In general.--For each fiscal year, from the funds
remaining after the Secretary has made core deployment grants
under subsection (c) of this section, the Secretary may make
grants to each eligible State, upon request, for the expanded
deployment of Commercial Vehicle Information Systems and
Networks.
[(2) Eligibility.--Each State that has completed the core
deployment of Commercial Vehicle Information Systems and
Networks is eligible for an expanded deployment grant.
[(3) Amount of grants.--Each fiscal year, the Secretary may
distribute funds available for expanded deployment grants
equally among the eligible States, but not to exceed $1
million 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) 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.
[(f) Applicability of Title 23, United States Code.--Funds
authorized to be appropriated under section 1101(a)(15) of
this Act shall be available for obligation in the same manner
and to the same extent as if such funds were apportioned
under chapter 1 of title 23, United States Code, except that
such funds shall remain available until expended.
[(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 vehicle operations;
[(B) increase the efficiency of regulatory inspection
processes to reduce administrative burdens by advancing
technology to facilitate inspections and increase the
effectiveness of enforcement efforts;
[(C) advance electronic processing of registration
information, driver licensing information, fuel tax
information, inspection and crash data, and other safety
information;
[(D) enhance the safe passage of commercial vehicles across
the United States and across international borders; and
[(E) promote the communication of information among the
States and encourage multistate cooperation and corridor
development.
[(2) Commercial vehicle operations.--The term ``commercial
vehicle operations''--
[(A) means motor carrier operations and motor vehicle
regulatory activities associated with the commercial movement
of goods, including hazardous materials, and passengers; and
[(B) with respect to the public sector, includes the
issuance of operating credentials, the administration of
motor vehicle and fuel taxes, and roadside safety and border
crossing inspection and regulatory compliance operations.
[(3) 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 vehicle
and driver inspection data at a majority of inspection sites;
[(ii) connect to the Safety and Fitness Electronic Records
(SAFER) system for access to interstate carrier and
commercial vehicle data, summaries of past safety
performance, and commercial vehicle credentials information;
and
[(iii) exchange carrier data and commercial vehicle safety
and credentials information within the State and connect to
Safety and Fitness Electronic Records (SAFER) for access to
interstate carrier and commercial vehicle data.
[(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 (IRP) and International Fuel Tax Agreement
[[Page S414]]
(IFTA) credentials and extend this processing to other
credentials, including intrastate, titling, oversize/
overweight, carrier registration, and hazardous materials;
[(ii) connect to the International Registration Plan (IRP)
and International Fuel Tax Agreement (IFTA) clearinghouses;
and
[(iii) have at least 10 percent of the transaction volume
handled electronically and have the capability to add more
carriers and to extend to branch offices where applicable.
[(C) Roadside electronic screening to electronically screen
transponder-equipped commercial vehicles at a minimum of one
fixed or mobile inspection sites and to replicate this
screening at other sites.
[(4) Expanded deployment.--The term ``expanded deployment''
means the deployment of systems in a State that exceed the
requirements of an core deployment of Commercial Vehicle
Information Systems and Networks, improve safety and the
productivity of commercial vehicle operations, and enhance
transportation security.
[Subtitle H--Program Efficiencies and Improvements--Federal-Aid
Stewardship
[SEC. 1801. SURFACE TRANSPORTATION SYSTEM PERFORMANCE PILOT
PROGRAM.
[(a) Establishment.--
[(1) In general.--The Secretary shall establish and
implement a Surface Transportation System Performance Pilot
Program. Subject to this section, a State may assume some or
all, as the Secretary and State may agree, of the Secretary's
responsibilities under title 23, United States Code, or
assume all or some, as they may agree, of the Secretary's
responsibilities under any Federal law, for projects
constructed with Federal funds under this pilot program.
[(2) Obligation of funds.--States participating in this
pilot program may obligate funds under sections 104(b)(1),
104(b)(3), 104(b)(4), 104(b)(5), 105, and 144(e) of title 23,
United States Code, for any purpose for which Federal funds
may be obligated by a State under title 23. However, the
State shall reserve 10 percent of the funds apportioned under
section 104(b)(3) in each fiscal year for transportation
enhancement activities as specified in section 133(d)(1), as
amended by this Act.
[(3) Purpose.--The purpose of this performance pilot
program is to demonstrate the benefits of performance-based
management and to determine how such an approach can be best
incorporated into an effective Federally-assisted, State
administered Federal-aid highway program. The Secretary shall
work closely with potential pilot States to determine ways to
build into program-level oversight performance measures that
reflect both State and national interests and to apply them
with specific measurement of program effectiveness.
[(b) State Participation.--
[(1) Number of participating states.--The Secretary may
permit up to five States to participate in the performance
pilot program established under subsection (a).
[(2) Application.--To participate in the performance pilot
program, a State shall submit an application to the Secretary
that contains, at a minimum, the following:
[(A) A description of the State's long-term and short-term
transportation goals.
[(B) A description of how the State will address any areas
of national strategic importance, as may be determined by the
Secretary, in reaching its goals. The areas of national
strategic importance must include the following: national
security, interstate commerce, mobility, safety, and
environmental stewardship.
[(C) A description of the performance measures under which
the State's progress and success toward reaching its goals
would be measured.
[(D) A description of how funding will be distributed
equitably across the State, including to urbanized areas with
populations in excess of 200,000. This would include
addressing how local units of government would be consulted
in the process of program development and implementation.
[(E) Evidence of the State's notice and solicitation of
public comment and copies of comments received from such
solicitation.
[(F) Such other information as the Secretary may require.
[(3) Public notice.--Each State that submits an application
under this subsection, shall give public notice of its intent
to participate in the pilot program at least 20 days prior to
submitting its application to the Secretary. The State shall
provide notice and solicit public comment by publishing the
entire application in accordance with the State's public
notice law.
[(4) Selection criteria.--The Secretary may approve the
application of a State under this section only if the
application demonstrates how the State plans to address the
areas of national strategic importance as identified in
subsection (b)(2)(B). The Secretary will prioritize the
selection of applications based on the degree to which the
applicant's proposed goals address the areas of national
strategic importance, the State's ability to manage and
monitor its programs on a performance basis, the State's
commitment to conduct the required evaluations, and the
degree to which the application otherwise proposes to
achieve the purposes of this section.
[(c) Program Elements.--
[(1) State agreement to assume secretary's
responsibilities.--
[(A) Assignment and assumption of responsibilities.--The
Secretary and a State may agree, as provided in this section,
that the Secretary will assign and the State will assume some
or all of the responsibilities of the Secretary under any
Federal law or requirement, except for the responsibilities
relating to Federally recognized tribes, with respect to any
project constructed with federal funds under this pilot
program. The State shall assume these responsibilities
subject to the same procedural and substantive requirements
as would be required if such responsibilities were carried
out by the Secretary. When a State assumes such
responsibilities under a Federal law, the State shall be
solely responsible and solely liable for complying with and
carrying out that law in lieu of the Secretary and shall
submit a certification as provided in subsection (f)(1).
[(B) Federal role of state.--For purposes of assuming the
Secretary's responsibilities under a Surface Transportation
System Performance Pilot Program, to the extent the State is
carrying out the Secretary's responsibilities under the
National Environmental Policy Act, title 23, United States
Code, or any other Federal law, the State shall be deemed to
be a Federal agency under such laws, and shall agree that its
transportation department, or any other State agency carrying
out a responsibility of the Secretary under this section,
shall be subject to such Federal laws to the same extent that
a Federal agency would be subject to such laws.
[(C) State certification of assumption of
responsibilities.--Whenever a State assumes any of the
Secretary's responsibilities under a Federal law, the State
shall certify that it has laws and regulations that--
[(i) authorize the State to take the actions necessary to
carry out the responsibilities being assumed; and
[(ii) are comparable to the Federal Freedom of Information
Act and that any decision regarding the public availability
of a document under those laws is reviewable by a court of
competent authority.
[(2) Other federal agency views.--If a State assumes a
responsibility of the Secretary under paragraph (1) of this
subsection that would have required the Secretary to consult
with another Federal agency, the Secretary shall solicit the
views of such Federal agency prior to entering into or
renewing any program agreement.
[(3) Maintenance of effort.--The Secretary shall not make
any apportionment to a State participating in this
performance pilot program in any fiscal year under sections
104(b)(1), 104(b)(3), 104(b)(4), 104(b)(5), 105, and 144(e)
of title 23, United States Code, unless the State enters into
such agreements with the Secretary as the Secretary may
require to ensure that the State will maintain its non-
Federal transportation capital expenditures in any fiscal
year at or above the average level of such expenditures for
the preceding three fiscal years.
[(4) Federal share payable.--The Federal share payable
under this performance pilot program for a project funded
with apportionments under sections 104(b)(1), 104(b)(3),
104(b)(4), 104(b)(5), 105, and 144(e) of title 23, United
States Code, may be up to 100 percent; except that, the
Federal share payable for transportation enhancements under
section 133(d)(1), shall be determined in accordance with
title 23, United States Code.
[(d) Program Agreement.--
[(1) In general.--Each year prior to making any
apportionments to a participating State, the Secretary shall
enter into an agreement with the State establishing its
performance goals and performance measures.
[(2) Agreement concerning participating state's
responsibilities.--The Secretary shall enter into one or more
agreements with a State selected for participation in this
pilot program concerning which, if any, Federal laws or
requirements the State will carry out under subsection (c).
The program agreement between the Secretary and the State
shall specify management responsibilities, including the role
of the State in relation to other Federal agencies.
[(3) Goals.--The Secretary and participating State shall
agree, based on the State's priorities and the areas of
national strategic importance as determined by the Secretary,
on the long-term and short-term goals to be achieved using
the State's apportionments under the program.
[(4) Performance measures.--The Secretary and the State
shall mutually establish the performance measures that the
State must meet relating to the goals identified in paragraph
(3) of this subsection. Continued participation in the pilot
program is contingent on the State meeting these performance
measures. If a State fails to meet the agreed upon
performance measures in two consecutive years, the Secretary
shall terminate a State's participation in the pilot program.
[(5) Compliance.--If a participating State fails to comply
with any provision of this section, the Secretary shall take
such actions as necessary to ensure compliance. Corrective
actions may include termination of the State's participation
in the pilot program.
[(e) Limitations on Agreements.--
[(1) Civil rights.--Nothing in this section shall be
construed as relieving the Secretary from any of the
Secretary's responsibilities under title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d, et seq.).
[(2) Major projects.--Nothing in this section shall be
construed as relieving the Secretary from any of the
Secretary's responsibilities with respect to major projects
[[Page S415]]
under section 106(h) of title 23, United States Code.
[(3) Statewide and metropolitan planning.--Nothing in this
section shall be construed as relieving the Secretary from
any of the Secretary's responsibilities under the Statewide
and metropolitan planning requirements of sections 134 and
135 of title 23, United States Code.
[(4) Regulatory responsibilities.--Nothing in this section
shall be construed to allow a State to assume any of the
Secretary's rulemaking authority under any Federal law.
[(f) State Reporting and Accountability.--A State
participating in this pilot program shall make the following
reports to the Secretary. A State may combine reports as
appropriate.
[(1) State certification prior to obligation of funds.--As
a prerequisite to the Secretary's agreement that a State will
fulfill or assume any of the Secretary's responsibilities,
and prior to the obligation of any money under this pilot
program in any fiscal year, the participating State shall
provide, and annually renew, a certification that--
[(A) is in a form acceptable to the Secretary;
[(B) is executed by the Governor or the State's top-ranking
transportation official charged with the responsibility for
highway construction;
[(C) specifies that the State will fully carry out any of
the responsibilities it may assume;
[(D) specifies that the State consents to assume the status
of the Secretary under any responsibility it may assume; and
[(E) expressly consents on behalf of the State and himself
or herself to accept the jurisdiction of the Federal courts
for the compliance, discharge, and enforcement of any
responsibility of the Secretary it may assume.
[(2) End of fiscal year state certification.--At the end of
each fiscal year in which a State obligates funds under this
pilot program, the State shall certify that it obligated such
funds only for projects that would otherwise be eligible for
assistance under title 23. Such certification shall also
specify that the State reserved for obligation the amounts
specified in section 133(d)(1) of such title as amended by
this Act.
[(3) Fiscal accountability.--Each State shall provide an
annual accounting for the obligations in a manner determined
by the Secretary in such a way as to provide a basis for
evaluating the effect of the pilot program expenditures.
[(4) Annual state assessment.--Each State will provide to
the Secretary a narrative report at the end of each year
describing the benefits of the pilot program to the State and
any suggestions for improving the pilot program.
[(g) Termination.--This pilot program shall terminate six
years following enactment of this Act. Funding obligated
under the pilot program shall continue to be administered
under the terms of the pilot program until those funds have
been expended.
[SEC. 1802. STEWARDSHIP AND OVERSIGHT.
[(a) Section 106 of title 23, United States Code, is
amended--
[(1) by striking subsection (e) and inserting the
following:
[``(e) Value Engineering Analysis.--
[``(1) Analysis.--For all projects on the National Highway
System with an estimated total cost of $25,000,000 or more,
and any project the Secretary deems appropriate, the State
shall provide a value engineering analysis or other cost
reduction analysis. For major projects as identified in
subsection (h) of this section, more than one such analysis
may be required.
[``(2) Definition.--In this subsection, the term ``value
engineering analysis'' means a systematic process of review
and analysis of a project during its design phase by a
multidisciplined team of persons not involved in the project
in order to provide suggestions for reducing the total cost
of the project and providing a project of equal or better
quality. Such suggestions may include combining or
eliminating otherwise inefficient use of expensive parts of
the original proposal design for the project and total
redesign of the proposed project using different
technologies, materials, or methods so as to accomplish the
original purpose of the project.''; and
[(2) by striking subsections (g) and (h) and inserting the
following:
[``(g) Oversight Program.--
[``(1) In general.--The Secretary shall establish an
oversight program to monitor the effective and efficient use
of funds authorized by this title. At a minimum, the program
shall be responsive to all areas related to financial
integrity and project delivery.
[``(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). Risk
assessment procedures shall be used to identify review areas.
[``(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 have sufficient accounting controls to properly manage
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 the States' project
delivery system, which includes one or more activities that
are involved in the life cycle of a project from its
conception to its completion. Risk assessment procedures will
be used to identify review areas.
[``(4) Responsibility of the states.--The States are
responsible for determining that subrecipients of Federal
funds have adequate project delivery systems for projects
approved under this section. The Secretary shall periodically
review the States' monitoring of subrecipients.
[``(5) Specific oversight responsibilities.--Nothing in
this section shall affect or discharge any oversight
responsibility of the Secretary specifically provided for
under this title or other Federal law. In addition, the
Secretary shall retain full oversight responsibilities for
the design and construction of all Appalachian development
highways under section 201 of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.).
[``(h) 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
$1,000,000,000 or more, or any other project in the
discretion of the Secretary, shall submit to the Secretary a
project management plan and an annual financial plan.
[``(2) Project management plan.--The project management
plan shall document the procedures and processes in place to
provide timely information to the project decision makers to
effectively manage the scope, costs, schedules, and quality,
and the Federal requirements of the project, and the role of
the agency leadership and management team in the delivery of
the project.
[``(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.
[``(i) Other Projects.--A recipient of Federal financial
assistance for a project under this title that receives
$100,000,000 or more in Federal assistance for such project,
and that is not covered by subsection (h) of this section,
shall prepare an annual financial plan. Annual financial
plans prepared under this subsection shall be made available
to the Secretary for review upon the Secretary's request.''.
[(b) Section 114(a) of such title is amended--
[(1) in the first sentence by striking ``highways or
portions of highways located on a Federal-aid system'' and
inserting ``Federal-aid highway or portion thereof''; and
[(2) by striking the second sentence and inserting ``The
Secretary shall have the right to inspect and take any
corrective action as the Secretary may deem appropriate.''.
[(c) Section 117 of such title is amended by striking
subsection (d) and redesignating subsections (e), (f), (g),
and (h) as subsections (d), (e), (f), and (g), respectively.
[(d) Section 307 of title 49, United States Code, is
amended to read as follows:
[``Sec. Sec. 307. Contractor suspension and debarment policy;
sharing fraud monetary recoveries
[``(a) Mandatory Enforcement Policy.--
[``(1) Notwithstanding any other provision of law, the
Secretary shall--
[``(A) debar any contractor or subcontractor convicted of
criminal or civil offenses involving fraud related to
projects receiving Federal highway or transit funds. The
debarment period shall be determined by the Secretary, as
appropriate; and
[``(B) suspend any contractor or subcontractor upon their
indictment for criminal or civil offenses involving fraud,
subject to the approval of the Attorney General. The
Secretary shall have authority to exclude non-affiliated
subsidiaries of the debarred business entity, subject to the
approval of the Attorney General.
[``(2) Upon a finding that mandatory debarment or
suspension of a contractor or subcontractor under subsection
(1), above, would be contrary to the national security
interests of the U.S., the Secretary may waive the debarment
or suspension.
[``(b) Sharing of Monetary Recoveries.--
[``(1) Notwithstanding any other provision of law, monetary
judgments accruing to the Federal government from judgments
in Federal criminal prosecutions and civil judgments
pertaining to fraud in highway and transit programs shall be
shared with the State or local transit agency involved. The
State or local transit agency shall use these funds for
transportation infrastructure and oversight activities
related to programs authorized under titles 23 and 49.
[``(2) The amount of recovered funds to be shared with the
affected State or local transit agency shall be determined by
the Attorney General in consultation with the Secretary.
These funds shall be considered Federal funds, to be used in
compliance with other relevant Federal transportation laws
and regulations. ---
[``(3) The requirement for sharing of funds described in
subparagraph (1), above, shall not be in effect in
circumstances wherein the State or local transit agency is
found by the Department of Justice, in consultation with
[[Page S416]]
the Secretary, to have been involved or negligent with
respect to the fraudulent activities.''.
[(e) The analysis for chapter 3 of title 49 is amended by
revising the entry for item 307 to read as follows:
[``307. Contractor suspension and debarment policy; sharing fraud
monetary recoveries.''.
[SEC. 1803. EMERGENCY RELIEF.
[Section 125(c)(1) of title 23, United States Code, is
amended by striking ``$100,000,000'' and inserting
``$200,000,000''.
[SEC. 1804. FEDERAL LANDS HIGHWAYS PROGRAM.
[(a) Definitions.--Section 101(a) of title 23, United
States Code, is amended--
[(1) in paragraph (7), by striking ``public lands highway''
and inserting ``recreation roads, public Forest Service
roads'';
[(2) by striking paragraph (8) and inserting the following:
[``(8) National forest system roads and trails.--The term
`National Forest System roads and trails' means forest roads
or trails under the jurisdiction of the Forest Service.'';
[(3) by striking paragraph (10) and inserting the
following:
[``(10) Forest road or trail.--The term `forest road or
trail' means a road or trail wholly or partly within, or
adjacent to, and serving National Forest System lands that is
necessary for the protection, administration, use, and
development of its resources. There are four types of forest
roads:
[``(A) Classified forest road.--The term `classified forest
road' means a forest road that the Forest Service determines
to be needed for long-term motor vehicle access, including
State roads, county roads, privately owned roads, National
Forest System roads, and other roads authorized by the Forest
Service.
[``(B) Unclassified forest road.--The term `unclassified
forest road' means a forest road not managed by the Forest
Service as part of the forest transportation system.
[``(C) Temporary forest road.--The term `temporary forest
road' means a forest road that is authorized by the Forest
Service through contract, permit, lease, other written
authorization, or emergency operation not intended to be a
part of the forest transportation system and not necessary
for long-term resource management.
[``(D) Public forest service road.--The term `Public Forest
Service Road' means a classified forest road that is open to
public travel for which title and maintenance responsibility
is vested in the United States government and which has been
designated a public road by the Forest Service.'';
[(4) in paragraph (26), as redesignated by this Act, by
striking ``unappropriated or unreserved''; and
[(5) by striking paragraph (27), as redesignated by this
Act, by redesignating paragraph (28) as (27), and by
inserting the following new paragraph:
[``(28) Recreation roads.--The term `recreation roads'
means those public roads that provide access to museums,
lakes, reservoirs, visitors centers, gateways to major
wilderness areas, public uses areas, recreation and historic
sites and for which title is vested in the United States
Government.''.
[(b) Federal Share Payable.--
[(1) Section 120(k) of such title is amended by striking
``Federal-aid highway''.
[(2) Sections 120(k) and 120(l) of such title are amended
by striking ``section 104'' each time it appears, and
inserting in its place ``this title and chapter 53 of title
49''.
[(c) Payments to Federal Agencies for Federal-Aid
Projects.--Section 132 of such title is amended by striking
the first two sentences and inserting the following: ``Where
a proposed Federal-aid project is to be undertaken by a
Federal agency pursuant to an agreement between a State and
such Federal agency, the State may (1) direct the Secretary
to transfer the funds for the Federal share of the project
directly to the Federal agency, or (2) make a deposit with or
payment to such Federal agency as may be required in
fulfillment of the State's obligation under such agreement
for the work undertaken or to be undertaken by such Federal
agency; the Secretary, upon execution of a project agreement
with such State for the proposed Federal-aid project, may
reimburse the State out of the appropriate appropriations for
the estimated Federal share, under the provisions of this
title, of the State's obligation so deposited or paid by such
State.''.
[(d) Allocations.--Section 202 of such title is amended--
[(1) in subsection (a), by inserting ``and grasslands''
after ``national forests'' in the first sentence;
[(2) by striking subsection (b) and inserting the
following:
[``(b) On October 1 of each fiscal year, the Secretary
shall allocate the sums authorized to be appropriated for
such fiscal year for forest highways, after making the
transfer of funds provided for in subsection 204(g) of this
title, for each fiscal year as is provided in section 134 of
the Federal-Aid Highway Act of 1987, and with respect to
these allocations the Secretary shall give equal
consideration to projects that provide access to and within
the National Forest System, as identified by the Secretary of
Agriculture through renewable resource and land use planning
and the impact of such planning on existing transportation
facilities.''; and
[(3) in subsection (d)--
[(A) in paragraph (1), by striking ``1999'' in the heading
and within paragraph (1) and inserting ``2005'';
[(B) in paragraph (2), by striking ``2000'' in the heading
and within paragraphs (2)(A), (2)(B), and (2)(D) and
inserting ``2005'', and by striking ``1999'' in paragraph
(2)(B) and inserting ``2004'' at each place it appears;
[(C) in paragraph (3)(A), by inserting ``this chapter and
section 125(e) of'' after ``under'', and by adding ``and the
approved Indian reservation road transportation improvement
program'' after ``Act''; and
[(D) in paragraph (4)(D), by striking the sentence after
``Approval Requirement.'' and inserting: ``Funds for
preliminary engineering for Indian reservation road bridge
projects under this subsection may be made available by the
Secretary upon request by a tribe or by the Secretary of the
Interior. Funds for construction and construction engineering
shall be made available only after approval of the plans,
specifications, and estimates by the Secretary.''.
[(e) Planning and Agency Coordination.--Section 204 of such
title is amended--
[(1) in subsection (a), by inserting ``refuge roads,''
after ``parkways,'';
[(2) in subsection (b), by striking ``appropriate
contracts'' in the second sentence and inserting
``appropriate agreements'';
[(3) in subsection (k)--
[(A) by striking ``(2), (5),'' and inserting ``(2), (3),
(5),'';
[(B) by striking ``and'' after the semicolon at the end of
paragraph (1)(B);
[(C) by striking the period after ``improvements'' at the
end of paragraph (1)(C) and inserting a semicolon;
[(D) by adding after paragraph (1)(C) the following new
subparagraphs:
[``(D) maintenance of public roads in National Fish
hatcheries under Fish and Wildlife Service jurisdiction;
[``(E) the non-Federal share of the cost of any project
funded under this title or chapter 53 of title 49 that
provides access to or within a wildlife refuge; and
[``(F) maintenance and improvement of recreational trails,
but such expenditures on trails are limited to 5 percent of
available funding per fiscal year.''.
[(f) Safety.--
[(1) Allocations.--Section 202 of such title is amended by
adding at the end the following:
[``(f) Safety.--On October 1 of each fiscal year, the
Secretary shall allocate the sums authorized to be
appropriated for such fiscal year for safety as follows: 10
percent to the Bureau of Reclamation, 15 percent to the
Bureau of Indian Affairs, 15 percent to the Bureau of Land
Management, 15 percent to the Forest Service, 5 percent to
the Fish and Wildlife Service, 15 percent to Military Traffic
Management Command, 15 percent to the National Park Service,
and 10 percent to the U.S. Army Corps of Engineers. The
Secretary, from time to time, may adjust the percentage of
safety funds allocated to the Federal agencies listed above
based on the outputs of agency safety management systems,
other safety need analyses or/studies, and the use of
previously allocated safety funds.''.
[(2) Availability of funds.--Section 203 of such title is
amended in the first sentence by inserting ``safety,'' after
``refuge roads,'' at each place it appears.
[(3) Use of funding.--Section 204 is amended by adding at
the end the following:
[``(l) Safety Activities.--
[``(1) In general.--Not withstanding any other provision of
this title, funds made available for safety shall be used by
the Secretary and the Secretary of the appropriate Federal
land management agency only to pay the cost of transportation
safety improvement projects, elimination of high accident
locations, protection or elimination of at-grade railway-
highway crossings, collection of safety information,
transportation planning, bridge inspections, development and
operation of safety management systems, highway safety
education programs, and other eligible safety activities
authorized in Chapter 4 of this title.
[``(2) Contracts.--In carrying out paragraph (1), the
Secretary and the Secretary of the appropriate Federal land
management agency, as appropriate, may enter into contracts
or agreements with a State, subdivision of a State, or Indian
tribe.
[``(3) Exception.--Funds allocated to the Bureau of
Reclamation for the purposes described in this subsection are
exempted from the cost-share requirements of Public Law 89-
72, The Federal Water Recreation Act.''.
[(g) Recreation Roads.--
[(1) Authorizations.--Section 201 of such title is amended
by striking ``public lands highways'' and inserting
``recreation roads''.
[(2) Allocations.--Section 202 of such title, as amended by
this section, is further amended by adding at the end the
following:
[``(g) Recreation Roads.--On October 1 of each fiscal year,
the Secretary, after making the transfer provided for in
subsection 204(i) of this title, shall allocate the sums
authorized to be appropriated for such fiscal year for
recreation roads as follows: 6 percent to the Bureau of
Reclamation, 6 percent to the U.S. Army Corps of Engineers,
10 percent to the Bureau of Land Management, 10 percent to
the Military Traffic Management Command, and 68 percent to
the Forest Service. Recreation road funds shall be allocated
to projects and activities according to the relative needs of
each area served by these roads as indicated in the approved
transportation improvement programs for each agency. The
Secretary, from time to time, may adjust the percentage of
recreation road funds allocated to the Federal agencies
listed above based on the outputs of agency
[[Page S417]]
management systems, other need analyses/or studies, and the
use of previously allocated recreation road funds.''.
[(3) Availability of funds.--Section 203 of such title is
amended by striking ``public lands highways'' and inserting
``recreation roads'' at each place it appears.
[(4) Use of funding.--Section 204 of such title, as amended
by this section, is further amended by adding at the end the
following:
[``(m) Recreation Roads.--
[``(1) In general.--Notwithstanding any other provision of
this title, funds made available for recreation roads shall
be used by the Secretary and the Secretary of the appropriate
Federal land management agency only to pay the cost of--
[``(A) maintenance or improvements of existing recreation
roads;
[``(B) maintenance and improvements of eligible projects
described in paragraphs (1), (2), (3), (5), and (6) of
subsection (h) that are located in or adjacent to Federal
land areas under the jurisdiction of the Departments of
Agriculture, Defense, or the Interior;
[``(C) transportation planning and administrative costs
associated with such maintenance and improvements; and
[``(D) the non-Federal share of the cost of any project
funded under this title or chapter 53 of title 49 that
provides access to or within Federal land areas under the
jurisdiction of the Departments of Agriculture, Defense, or
the Interior.
[``(2) Contracts.--In carrying out paragraph (1), the
Secretary and the Secretary of the appropriate Federal land
management agency, as appropriate, may enter into contracts
or agreements with a State or civil subdivision of a State or
Indian tribe as is determined advisable.
[``(3) New roads.--No funds available under this section
shall be used to pay the cost of the design or construction
of new recreation roads.
[``(4) Compliance with other environmental laws.--
Maintenance and improvement projects which are funded under
this subsection and are consistent with or have been
identified in a land use plan for the Federal area do not
require any additional environmental reviews or assessments
under the National Environmental Policy Act if the Federal
agency that promulgated the land use plan analyzed the
specific proposal under the National Environmental Policy Act
and there are no significant changes to the proposal bearing
on environmental concerns and no significant new information.
[``(5) Exception.--Funds allocated to the Bureau of
Reclamation for the purposes described in this subsection are
exempted from the cost-share requirements of Public Law 89-
72, The Federal Water Recreation Act.''.
[(h) Conforming Amendments.--
[(1) Sections 120(e) and 125(e) of title 23, United States
Code, are amended by inserting ``recreation roads,'' after
``public lands highways,'' each place the words appear.
[(2) Sections 120(e), 125(e), 201, 202(a), 203, section 205
in the heading and in subsections (a) and (d), and the
analysis for chapter 2 of such title are amended by striking
``forest development roads'' and inserting ``National Forest
System roads'' each place the words appear.
[(3) Section 204(a)(1) is amended by striking ``public
lands highways'' and inserting ``recreation roads, forest
highways'', section 204(b) is amended by striking ``public
lands highways'' and inserting ``recreation roads'', and
section 204(i) is amended by striking ``public lands
highways'' and inserting ``recreation roads and forest
highways'' each place the words appear.
[(4) Section 217(c) is amended by striking ``public lands
highways'' and inserting ``refuge roads''.
[SEC. 1805. 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 201 of the
Appalachian Regional Development Act of 1965 prepared by the
Appalachian Regional Commission. Such funds shall be
available to construct highways and access roads under
section 201 of the Appalachian Regional Development Act of
1965.
[(b) Applicability of Title 23.--Funds authorized by
section 1101(a)(7) of this Act for the Appalachian
development highway system shall be available for obligation
in the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code, except that the
Federal share of the cost of any project under this section
shall be determined in accordance with such section 201 and
such funds shall remain available until expended.
[(c) Use of Toll Credits.--Section 120(j)(1) of title 23,
United States Code is amended by adding ``and the Appalachian
development highway system program under section 201 of the
Appalachian Regional Development Act of 1965'' following
``(other than the emergency relief program authorized by
section 125''.
[SEC. 1806. MULTI-STATE CORRIDOR PLANNING PROGRAM.
[(a) Establishment and Purpose.--The Secretary shall
establish and implement a program to support and encourage
multi-state transportation planning, provide for streamlined
transportation project development, and facilitate
transportation decision-making.
[(b) Eligible Recipients.--State transportation departments
and metropolitan planning organizations are eligible to
receive and administer funds provided under this program.
[(c) Eligible Activities.--The Secretary shall make
allocations under this program for multi-state highway and
multi-state multi-modal planning studies.
[(d) Other Provisions Regarding Eligibility.--All studies
funded under this program shall be consistent with the
continuing, cooperative, and comprehensive planning processes
required by sections 134 and 135 of title 23, United States
Code.
[(e) Selection Criteria.--The Secretary shall select
projects based on--
[(1) the existence and significance of signed and binding
multi-jurisdictional agreements;
[(2) endorsement of the study by elected State and local
representatives;
[(3) prospects for early completion of the study; and
[(4) whether the projects to be studied are located on
corridors identified by section 1105(c) of the Intermodal
Surface Transportation Efficiency Act of 1991, as amended
(Public Law 102-240; 105 Stat. 2032).
[(f) Program Priorities.--In administering the program, the
Secretary shall--
[(1) encourage and enable States and other jurisdictions to
work together to develop plans for multi-modal and multi-
jurisdictional transportation decision-making; and
[(2) give priority to studies that emphasize multi-modal
planning, including planning for operational improvements
that increase mobility, freight productivity, access to
marine ports, safety, and security while enhancing the
environment.
[(g) Federal Share.--The Federal share payable, using funds
from all Federal sources, for any study carried out under
this section shall not exceed 80 percent of the total cost of
such study, except that the share of funds from the Highway
Trust Fund (other than the Mass Transit Account) shall not
exceed 50 percent of the total cost of such study.
[(h) Applicability of Title 23 U.S.C.--Funds authorized to
be appropriated under section 1101(a)(10) of this Act to
carry out this section shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code.
[SEC. 1807. BORDER PLANNING, OPERATIONS, AND TECHNOLOGY
PROGRAM.
[(a) Establishment and Purpose.--The Secretary shall
establish and implement a program to support coordination and
improvement in bi-national transportation planning,
operations, efficiency, information exchange, safety, and
security for the United States borders with Canada and
Mexico.
[(b) Eligible Recipients.--State transportation departments
and metropolitan planning organizations at or near an
international land border in the States of Alaska, Arizona,
California, Idaho, Maine, Michigan, Minnesota, Montana, New
Hampshire, New Mexico, New York, North Dakota, Texas, Vermont
and Washington, are eligible to receive and administer funds
allocated under this program.
[(c) Eligible Activities.--
[(1) In general.--The Secretary shall make allocations
under the program established in this section for activities
at or near international land borders in the States listed in
subsection (b).
[(2) Specific activities.--The activities eligible for
funding under this program are--
[(A) highway and multi-modal planning or environmental
studies;
[(B) cross-border Port of Entry and safety inspection
improvements, including operational enhancements and
technology applications;
[(C) technology and information exchange activities; and
[(D) right-of-way acquisition, design, and construction,
where needed to add the enhancements or applications
described in subparagraphs (B) and (C), or to decrease air
pollution emissions from vehicles or inspection facilities at
border crossings.
[(d) Other Provisions Regarding Eligibility.--All studies
and projects funded under this program shall be consistent
with the continuing, cooperative, and comprehensive planning
processes required by sections 134 and 135 of title 23,
United States Code. All regionally significant projects that
are part of such applications must be on the transportation
plans and program required by sections 134 and 135 of title
23, United States Code.
[(e) Selection Criteria.--The Secretary shall select
projects based on---
[(1) expected benefits, including air quality benefits, of
the project in relation to its costs;
[(2) prospects for early completion of the study or
project;
[(3) endorsement of the project by formally constituted bi-
national organizations with both Federal and State or
provincial representation;
[(4) the existence and significance of signed and binding
multi-jurisdictional agreements;
[(5) contributions of other title 23 funds and non-title 23
funds above the minimum required; and
[(6) the extent to which the project benefits are multi-
modal.
[(f) Program Priorities.--In administering the program, the
Secretary shall emphasize multi-modal planning;
infrastructure improvements; and operational improvements
that increase safety, security,
[[Page S418]]
freight movement, or highway access to rail, marine, and air
services while enhancing the environment.
[(g) Federal Share.--The Federal share payable on account
of any project carried out under this section shall not
exceed 80 percent of the total cost of such project.
[(h) Applicability of Title 23 U.S.C.--Funds authorized to
be appropriated under section 1101(1)(11) of this Act to
carry out this section shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code.
[(i) Allocation of Funds.--No individual project whose
scope of work is limited to information exchange shall
receive an allocation greater than $500,000 in a single year.
[(j) Projects in Canada or Mexico.--Projects in Canada or
Mexico proposed by one or more border States that directly
and predominantly facilitate cross border vehicle and
commercial cargo movements at the international gateways or
ports of entry into the border region(s) of such State(s),
may be constructed using funds allocated under this program
provided that, prior to the obligation of such funds, Canada
or Mexico, or the political subdivision thereof responsible
for the operation of the facility to be constructed, has
provided assurances satisfactory to the Secretary that any
facility constructed under this subsection will be
constructed to standards equivalent to those in the United
States and properly maintained and used over the useful life
of the facility for the purpose for which the Secretary
allocated funds to such project.
[(k) Set-Aside.--The Secretary shall set-aside $47,000,000
of the funds authorized for fiscal year 2004 under section
1101(a)(11) of this Act for construction of State border
safety inspection facilities in the States of Arizona,
California, New Mexico, and Texas.
[(l) Transfer of Funds to the General Services
Administration.--
[(1) State funds.--At the request of a State, funds
allocated under this section may be transferred to the
General Services Administration for the purpose of funding a
specific project or projects if the Secretary determines,
after consultation with the State transportation department
as appropriate, that the General Services Administration
should carry out the project or projects and the General
Services Administration agrees to accept the transfer of
funds and to administer those funds. The State shall provide
the 20 percent non-Federal share of the project cost, as
required under subsection (g) of this section, directly to
the General Services Administration. Funds so transferred or
provided shall not be deemed to be an augmentation of the
General Services Administration's appropriations and shall be
administered under that agency's procedures, except the
transferred funds shall be available for obligation in the
same manner as if such funds were apportioned under chapter 1
of title 23, United States Code. Obligation authority shall
be transferred to the General Services Administration in the
same manner and amount as the allocated funds transferred for
the projects.
[(2) Direct transfer of authorized funds.--In addition to
allocations to States and metropolitan planning organizations
as provided in subection (b), the Secretary may transfer
funds made available to carry out this section to the General
Services Administration for construction of transportation
infrastructure projects at or near the border in the States
identified in subsection (b), if the Secretary determines
that such transfer is necessary to effectively carry out the
purposes of this program and the General Services
Administration agrees to accept the transfer of funds and to
administer those funds. Funds so transferred shall not be
deemed to be an augmentation of the General Services
Administration's appropriations and shall be administered
under that agency's procedures, except the transferred funds
shall be available for obligation in the same manner as if
such funds were apportioned under chapter 1 of title 23,
United States Code. Section 120 of title 23, United States
Code, shall not apply to funds so transferred. Obligation
authority shall be transferred to the General Services
Administration in the same manner and amount as the funds
transferred.
[SEC. 1808. TERRITORIAL HIGHWAY PROGRAM AMENDMENTS.
[(a) Definitions.--Section 101(a) of title 23, United
States Code, as amended by this Act, is further amended--
[(1) by redesignating paragraphs (36) through (38) as
paragraphs (37) through (39) respectively, and
[(2) by adding the following new paragraph after paragraph
(35):
[``(36) Territorial highway system.--The term `territorial
highway system' means the system of arterial highways,
collector roads, and necessary inter-island connectors in the
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands that have been designated by the
Governor and approved by the Secretary as provided in
section 215 of this title.''.
[(b) Funding.--Section 104(b)(1)(A) of title 23, United
States Code, is amended by striking ``to the Virgin Islands,
Guam, American Samoa, and the Commonwealth of Northern
Mariana Islands'' and inserting ``for the territorial highway
program authorized under section 215 of this title''.
[(c) Eligible Projects.--Section 103(b)(6)(P) of title 23,
United States Code, is amended to read as follows:
[``(P) Projects eligible for assistance under the
territorial highway program as provided in section 215 of
this title.''.
[(d) Territorial Highway Program.--Chapter 2 of title 23,
United States Code, is amended by striking section 215 and
inserting the following:
[``Sec. 215. Territorial highway program
[``(a) In General.--Recognizing the mutual benefits that
will accrue to the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands, and to the
United States from the improvement of highways in such
territories of the United States, the Secretary is authorized
to assist each such territorial government in a program for
the construction and improvement of a system of arterial and
collector highways, and necessary inter-island connectors
designated by the Governor of such territory and approved by
the Secretary. Federal financial assistance shall be granted
under this section in accordance with section 120(h) of this
title.
[``(b) Technical Assistance.--In order to continue a long-
range highway development program, the Secretary is
authorized to provide technical assistance to the territorial
governments to enable them to, on a continuing basis, engage
in highway planning, conduct environmental evaluations,
administer right-of-way acquisition and relocation assistance
programs, and design, construct, operate, and maintain a
system of arterial and collector highways, including
necessary inter-island connectors. The technical assistance
to be provided and the terms for sharing information among
the territories shall be set forth in the agreement required
by subsection (d) of this section.
[``(c) Applicability of Chapter 1.--The provisions of
chapter 1 of this title (other than provisions related to the
apportionment and allocation of funds) shall apply to funds
authorized to be appropriated for the territorial highway
program, except as determined by the Secretary to be
inconsistent with the needs of the territories and the intent
of the territorial highway program. The specific sections of
chapter 1 that are applicable to each territory and the
extent of their applicability shall be identified in the
agreement provided for in subsection (d) of this section.
[``(d) Agreement.--
[``(1) Except as provided in paragraph (3) of this
subsection, no part of the appropriations authorized for the
territorial highway program shall be available for obligation
or expenditure with respect to any territory until the
Governor enters into a new agreement with the Secretary,
within 12 months after the effective date of this Act,
providing that the government of such territory shall--
[``(A) implement the territorial highway program in
accordance with the appropriate provisions of chapter 1 of
this title, as provided for in subsection (c) of this
section;
[``(B) design and construct a system of arterial and
collector highways, including necessary interisland
connectors, built in accordance with standards appropriate
for each territory and approved by the Secretary;
[``(C) provide for the maintenance of facilities
constructed or operated under provisions of this section in a
condition to adequately serve the needs of present and future
traffic; and
[``(D) implement standards for traffic operations and
uniform traffic control devices that are approved by the
Secretary.
[``(2) The new agreement required by paragraph (1) of this
subsection also shall specify the kind of technical
assistance to be provided, include appropriate provisions
regarding information sharing among the territories, and
delineate the oversight role and responsibilities of the
territories and the Secretary. The agreement shall be re-
evaluated every two years and modified as appropriate.
[``(3) Agreements in effect on the effective date of this
Act shall continue in force until replaced, as required by
paragraph (1) of this subsection, and appropriations
authorized for the program shall be available for obligation
or expenditure while the agreements are in place.
[``(e) Permissible Uses of Funds.--
[``(1) Funds made available for the territorial highway
program may be used only for--
[``(A) eligible surface transportation program projects
described in section 133(b) of this title;
[``(B) cost effective preventive maintenance consistent
with the requirements of section 116 of this title;
[``(C) ferry boats, terminal facilities, and approaches, as
provided for in section 129(b) and (c) of this title;
[``(D) engineering and economic surveys and investigations
for the planning of future highway programs and the financing
thereof;
[``(E) studies of the economy, safety, and convenience of
highway usage and the desirable regulation and equitable
taxation thereof; and
[``(F) research and development, necessary in connection
with the planning, design, and maintenance of the highway
system, and the regulation and taxation of their use.
[``(2) None of the appropriations authorized for the
territorial highway program shall be obligated or expended
for routine maintenance.
[``(f) Location of Projects.--Except as provided in
subsection (b)(1) of section 133 of this title, territorial
highway projects (other than those described in subsection
(b)(3) and
[[Page S419]]
(4) of section 133 of this title) may not be undertaken on
roads functionally classified as local.''.
[(h) Conforming Amendments.--The analysis of chapter 2 of
title 23 is amended by revising the item relating to section
215 to read as follows:
[``215. Territorial highway program.''.
[SEC. 1809. FUTURE INTERSTATE SYSTEM ROUTES.
[(a) Written Agreement of States.--Section 103(c)(4)(B)(ii)
of title 23, United States Code, is amended by striking
``12'' and inserting ``25''.
[(b) Removal of Designation.--Section 103(c)(4)(B)(iii)(I)
of such title is amended--
[(1) by striking ``in the agreement between the Secretary
and the State or States''; and
[(2) by adding at the end the following: ``An agreement
entered into under clause (ii) prior to the enactment of the
Safe, Accountable, Flexible, and Efficient Transportation
Equity Act of 2003 shall be deemed to include the 25 year
time limitation, notwithstanding an earlier construction
completion date in that agreement.''.
[SEC. 1810. DONATIONS AND CREDITS.
[Section 323 of title 23, United States Code, is amended
by--
[(1) inserting ``or a local government from offering to
donate funds, materials or services performed by local
government employees,'' after ``services'' in the first
sentence of subsection (c); and
[(2) striking subsection (e).
[SEC. 1811. DISADVANTAGED BUSINESS ENTERPRISES.
[(a) General Rule.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
made available for any program under titles I, III, and V of
this Act shall be expended with small business concerns owned
and controlled by socially and economically disadvantaged
individuals.
[(b) Definitions.--In this section, the following
definitions apply:
[(1) Small business concern.--The term ``small business -
concern'' has the meaning such term has under section 3 of
the Small Business -Act (15 U.S.C. 632); except that such
term shall not include any concern or group of concerns
controlled by the same socially and economically
disadvantaged individual or individuals which has average
annual gross receipts over the preceding 3 fiscal years in
excess of $17,420,000, as adjusted by the Secretary for
inflation.
[(2) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning such term has under section
8(d) of the Small Business Act (15 U.S.C. 637(d)) and
relevant subcontracting regulations promulgated pursuant
thereto; except that women shall be presumed to be socially
and economically disadvantaged individuals for purposes of
this section.
[(c) Annual Listing of Disadvantaged Business
Enterprises.--Each State shall annually survey and compile a
list of the small business concerns referred to in subsection
(a) and the location of such concerns in the State and notify
the Secretary, in writing, of the percentage of such concerns
which are controlled by women, by socially and economically
disadvantaged individuals (other than women), and by
individuals who are women and are otherwise socially and
economically disadvantaged individuals.
[(d) Uniform Certification.--The Secretary shall establish
minimum uniform criteria for State governments to use in
certifying whether a concern qualifies for purposes of this
subsection. Such minimum uniform criteria shall include, 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.
[(e) Compliance With Court Orders.--Nothing in this section
limits the eligibility of an entity or person to receive
funds made available under titles I, III, and V of this Act,
if the entity or person is prevented, in whole or in part,
from complying with subsection (a) because a Federal court
issues a final order in which the court finds that the
requirement of subsection (a), or the program established
under subsection (a), is unconstitutional.
[SEC. 1812. HIGHWAY BRIDGE PROGRAM.
[(a) Program Name.--Section 144 of title 23, United States
Code, is amended in the section heading by striking
``replacement and rehabilitation''.
[(b) In General.--Section 144(a) of such title is amended
to read as follows:
[``(a) Congress hereby finds and declares it to be in the
vital interest of the Nation that a highway bridge program be
established to enable the several States to improve the
condition of their bridges through replacement,
rehabilitation, and systematic preventative maintenance on
highway bridges over waterways, other topographical barriers,
other highways, or railroads when the States and the
Secretary find that a bridge is unsafe because of structural
deficiencies, physical deterioration, or functional
obsolescence.''.
[(c) Scour Countermeasures.--Section 144(d) of such title
is amended to read as follows:
[``(d) Whenever any State or States make application to the
Secretary for assistance in replacing or rehabilitating a
highway bridge which the priority system established under
subsections (b) and (c) of this section shows to be eligible,
the Secretary may approve Federal participation in replacing
such bridge with a comparable facility or in rehabilitating
such bridge. Whenever any State makes application to the
Secretary for assistance in painting, seismic retrofit, or
preventative maintenance of, or installing scour
countermeasures or applying calcium magnesium acetate, sodium
acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and de-icing compositions to,
the structure of a highway bridge, the Secretary may approve
Federal participation in the painting, seismic retrofit, or
preventative maintenance of, or installation of scour
countermeasures or application of acetate or sodium acetate/
formate or such anti-icing or de-icing composition to, such
structure. The Secretary shall determine the eligibility of
highway bridges for replacement or rehabilitation for each
State based upon the unsafe highway bridges in such State,
except that a State may carry out a project for preventative
maintenance on a bridge, seismic retrofit of a bridge, or
installing scour countermeasures to a bridge under this
section without regard to whether the bridge is eligible for
replacement or rehabilitation under this section.''.
[(d) Apportionment Formula.--Section 144(e) of such title
is amended--
[(1) in the third sentence by striking ``square footage''
and inserting ``area'';
[(2) in the fourth sentence by striking ``by the total cost
of any highway bridges constructed under subsection (m) in
such State, relating to replacement of destroyed bridges and
ferryboat services, and,'' and by striking ``1997'' and
inserting ``2003''; and
[(3) by striking ``the Federal-aid primary system'' and
inserting ``Federal-aid highways''.
[(e) Discretionary Bridge Program.--Section 144(g) of such
title is amended--
[(1) by striking ``Set Asides.'' in the heading of (g) and
all that follows through paragraph (2)(B);
[(2) by striking ``(3)'' and redesignating paragraph (3) as
subsection (g); and
[(3) in subsection (g), as redesignated, by--
[(A) striking ``nor more than 35 percent'';
[(B) striking ``1987'' and inserting ``2004'';
[(D) striking ``2003'' and inserting ``2009''; and
[(E) striking ``paint'' and inserting ``perform systematic
preventative maintenance''.
[(f) Inventories and Reports.--Section 144(i) of such title
is amended--
[(1) in paragraph (3), by striking ``and'';
[(2) in paragraph (4), by striking ``section.'' and
inserting ``section; and''; and
[(3) after paragraph (4), by striking ``Such reports shall
be submitted to such committees biennially at the same time
as the report required by section 307(f)(1) of this title is
submitted to Congress.'' and inserting the following:
[``(5) submit reports required by this subsection to such
committees biennially at the same time as the report required
by section 502(g) of this title.''.
[(g) Off-System Bridge Program.--Section 144(n) of such
title is amended by inserting ``general engineering'' between
``all'' and ``standards''.
[(h) Historic Bridge Program.--Section 144(o) of such title
is amended--
[(1) in paragraph (3), by striking ``title (including this
section)'' and inserting ``section'' and by inserting ``200
percent of'' after ``shall not exceed''; and
[(2) in paragraph (4), by inserting ``200 percent of''
after ``not to exceed'', and by striking ``title'' at the end
of the paragraph and inserting ``section''.
[(i) Water Resources Projects.--Section 144 of such title
is further amended by adding at the end the following:
[``(r) Notwithstanding any other provision of law, any
bridge funded under this title shall not be considered a
`water resources project' as that term is used in the Wild
and Scenic Rivers Act (16 U.S.C. 1271-1287).''.
[(j) Conforming Amendment.--The analysis for chapter 1 of
title 23 is amended in the item relating to section 144 by
striking ``replacement and rehabilitation''.
[SEC. 1813. DESIGN-BUILD.
[Section 112(b)(3) of title 23, United States Code, is
amended by striking subparagraph (C) and inserting the
following in its place:
[``(C) Qualified projects.--A qualified project is a
project under this chapter for which the Secretary has
approved the use of design-build contracting under criteria
specified in regulations issued by the Secretary.''.
[SEC. 1814. INTERNATIONAL FERRIES.
[Section 129(c)(5) of title 23, United States Code, is
amended--
[(1) by striking ``and'' the first place it appears in the
first sentence, and inserting a comma;
[(2) by adding ``, and the islands that comprise a
territory of the United States'' after ``Puerto Rico'' in the
first sentence; and
[(3) by adding ``operations between the islands which
comprise a territory of the United States,'' after ``Puerto
Rico,'' in the second sentence.
[SEC. 1815. ASSUMPTION OF RESPONSIBILITY FOR TRANSPORTATION
ENHANCEMENTS, RECREATIONAL TRAILS, AND
TRANSPORTATION AND COMMUNITY AND SYSTEM
PRESERVATION PROGRAM PROJECTS.
[(a) In General.--Chapter 1 of title 23, United States
Code, as amended by this Act, is further amended by inserting
the following new section after section 165:
[[Page S420]]
[``Sec. 166. Assumption of responsibility for transportation
enhancements, recreational trails, and transportation,
community, and system preservation program projects
[``(a) Assumption of Secretary's Responsibilities Under
Applicable Federal Laws.--
[``(1) In general.--Upon mutual agreement the Secretary may
assign, and the State may assume, any of the Secretary's
responsibilities (except responsibilities relating to
Federally recognized tribes) for environmental reviews,
consultation, decision-making or other actions under any
Federal law applicable to projects that--
[``(A) are funded under section 104(h) or section 167 of
this title; or
[``(B) meet the definition of a transportation enhancement
activity as set forth in section 101(a)(38) of this title.
[``(2) Limitations.--The State shall assume these
responsibilities subject to the same procedural and
substantive requirements as would be required if such
responsibilities were carried out by the Secretary. When a
State assumes any responsibility under a Federal law pursuant
to this section, it assents to Federal jurisdiction and shall
be solely responsible and solely liable for complying with
and carrying out that law in lieu of the Secretary.
[``(b) Agreements.--The Secretary and the State shall enter
into a memorandum of understanding setting forth the
responsibilities to be assigned under this section and the
terms and conditions under which such assignments are to be
made. In the memorandum of understanding the State shall
consent to accept the jurisdiction of the Federal courts for
the compliance, discharge, and enforcement of any
responsibility of the Secretary it may assume. Such memoranda
of understanding shall be established for periods of no more
than three years. The Secretary shall review and determine
compliance with the memorandum of understanding and the laws
assigned by it to the State on an annual basis for the first
three years of the agreement and, subsequently, on a periodic
basis to be determined by mutual agreement but no longer than
every three years.
[``(c) Termination.--The Secretary may terminate any
assignment of responsibility under this section upon a
determination that a State is not adequately meeting the
terms and conditions of the memorandum of understanding.
[``(d) State Defined.--For the recreational trails program,
``State'' means the State agency designated by the Governor
of the State in accordance with section 206(c)(1) of this
title.
[``(e) Preservation of Public Interest Consideration.--
Nothing contained in this section shall be construed to limit
the requirements under any applicable law providing for the
consideration and preservation of the public interest,
including public participation and community values in
transportation decision-making.
[``(f) State Subject to Federal Laws.--For purposes of
assuming the Secretary's responsibilities under this section,
the State agency signing the agreement in subsection (c)
is deemed to be a Federal agency to the extent the State
is carrying out the Secretary's responsibilities under the
National Environmental Policy Act, under this title, and
under any other Federal law.''.
[(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, as amended by this Act, is
further amended by inserting after the item relating to
section 165 the following:
[``166. Assumption of responsibility for transportation enhancements,
recreational trails, and transportation and community and
system preservation program projects.''.
[SEC. 1816. TRANSPORTATION, COMMUNITY, AND SYSTEM
PRESERVATION PROGRAM.
[(a) Transportation, Community, and System Preservation
Program.--Chapter 1 of title 23, United States Code, as
amended by this Act, is further amended by inserting the
following new section after section 166:
[``Sec. 167. Transportation, community, and system
preservation program
[``(a) Establishment and Purpose.--The Secretary shall
establish a comprehensive program to investigate and address
the relationships between transportation and community and
system preservation and identify private sector-based
initiatives. Through this program, the Secretary shall
facilitate the planning, development, and implementation of
strategies by States, metropolitan planning organizations,
federally-recognized tribes, and local governments to
integrate transportation, community, and system preservation
plans and practices that address one or more of the
following:
[``(1) Improve the efficiency of the transportation system.
[``(2) Reduce the impacts of transportation on the
environment.
[``(3) Reduce the need for costly future investments in
public infrastructure.
[``(4) Provide efficient access to jobs, services, and
centers of trade.
[``(5) Examine development patterns and identify strategies
to encourage private sector development patterns which
achieve the goals identified in paragraphs (1) through (4).
[``(b) Funding.--Funds authorized to be apportioned under
section 104(q) of this title shall be available to carry out
the provisions of this section.''.
[(b) Section 104 of such title is amended by adding after
subsection (p), as added by this Act, the following:
[``(q) Transportation, Community, and System Preservation
Program.--
[``(1) Set-aside.--On October 1 of each fiscal year for
fiscal years 2004 through 2009, the Secretary, after making
the deductions authorized by subsections (a) and (f), shall
set aside $26,000,000 of the remaining funds authorized to be
apportioned under subsection (b)(3) for carrying out the
Transportation, Community, and System Preservation Program
under section 167 of this chapter.
[``(2) Apportionment.--
[``(A) From amounts set aside under paragraph (1), the
Secretary shall apportion $500,000 each fiscal year to each
State, including the District of Columbia and Puerto Rico, to
carryout the provisions of section 167.
[``(B) A State shall also make funds apportioned under this
subsection available to metropolitan planning organizations,
federally recognized tribes, and local governments in a
manner and amounts to be determined by the State to carryout
the provisions of section 167.''.
[(c) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, as amended by this Act, is
further amended by inserting after the item relating to
section 166 the following:
[``167. Transportation, community, and system preservation program.''.
[SEC. 1817. PROGRAM EFFICIENCES--FINANCE.
[Section 115 of title 23, United States Code, is amended--
[(1) by striking ``(a)'' and all that follows through
subsection (a)(1)(B);
[(2) by striking subsection (b);
[(3) by redesignating subsection (c) as subsection (d);
[(4) by redesignating subsections (a)(2), (a)(2)(A), and
(a)(2)(B) as subsections (c), (c)(1), and (c)(2)
respectively; and
[(5) by inserting after the section heading the following:
[``(a) The Secretary may authorize a State to proceed with
a project authorized under this title without the aid of
Federal funds in accordance with all procedures and all
requirements applicable to such a project, except insofar as
such procedures and requirements limit the State to
implementation of projects with the aid of Federal funds
previously apportioned or allocated to it or limit a State to
implementation of a project with obligation authority
previously allocated to it.
[``(b) The Secretary, upon the request of the State and
execution of a project agreement, may obligate the Federal
share, or a portion of the Federal share, of the cost of a
project authorized under this section from any category of
funds for which the project is eligible.''.
[Subtitle I--Technical Corrections to Title 23, United States Code
[SEC. 1901. REPEAL OR UPDATE OF OBSOLETE TEXT.
[(a) Letting of Contracts.--Section 112 of title 23, United
States Code, is amended--
[(1) by striking subsection (f); and
[(2) by redesignating subsection (g) as subsection (f).
[(b) Fringe and Corridor Parking Facilities.--Section
137(a) of title 23, United States Code, is amended in the
first sentence by striking ``on the Federal-aid urban
system'' and inserting ``on a Federal-aid highway''.
[(c) Repeal of Obsolete Sections of Title 23.--
[(1) Priority primary routes.--Section 147 of title 23,
United States Code, is repealed.
[(2) Development of a national scenic and recreational
highway.--Section 148 of title 23, United States Code, is
repealed.
[(3) Access highways to public recreation areas on certain
lakes.--Section 155 of title 23, United States Code, is
repealed.
[(4) Conforming amendments.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the
items relating to sections 147, 148, and 155.
[SEC. 1902. CLARIFICATION OF DATE.
[Section 109(g) of title 23, United States Code, is amended
in the first sentence by striking ``the day of enactment of
the Federal-Aid Highway Act of 1970'' and inserting
``December 31, 1970,''.
[SEC. 1903. INCLUSION OF REQUIREMENTS FOR SIGNS IDENTIFYING
FUNDING SOURCES IN TITLE 23.
[(a) In General.--Section 154 of the Federal-Aid Highway
Act of 1987 (23 U.S.C. 101 note; 101 Stat. 209) is--
[(1) transferred to title 23, United States Code;
[(2) redesignated as section 321;
[(3) moved to appear after section 320 of that title; and
[(4) amended by striking the section heading and inserting
the following:
[``Sec. 321. Signs identifying funding sources''.
[(b) Conforming Amendment.--The analysis for chapter 3 of
title 23, United States Code, is amended by inserting after
the item relating to section 320 the following:
[``321. Signs identifying funding sources.''.
[SEC. 1904. INCLUSION OF ``BUY AMERICA'' REQUIREMENTS IN
TITLE 23.
[(a) In General.--Section 165 of the Highway Improvement
Act of 1982 (23 U.S.C. 101 note; 96 Stat. 2136) is--
[[Page S421]]
[(1) transferred to title 23, United States Code;
[(2) redesignated as section 313;
[(3) moved to appear after section 312 of that title; and
[(4) amended by striking the section heading and inserting
the following:
[``Sec. 313. Buy America''.
[(b) Conforming Amendments.--
[(1) The analysis for chapter 3 of title 23,United States
Code, is amended by inserting after the item relating to
section 320 the following:
[``313. Buy America.''.
[(2) Section 313 of title 23, United States Code (as added
by subsection (a)), is amended--
[(A) in subsection (a), by striking ``any funds authorized
to be appropriated by this Act or by any Act amended by this
Act or, after the date of enactment of this Act, any funds
authorized to be appropriated to carry out this Act, title
23, United States Code, or the Surface Transportation
Assistance Act of 1978'' and inserting ``any funds authorized
to be appropriated to carry out the Surface Transportation
Assistance Act of 1982 (96 Stat. 2097) or this title'';
[(B) in subsection (b), by redesignating paragraph (4) as
paragraph (3);
[(C) in subsection (d), by striking ``this Act, the Surface
Transportation Assistance Act of 1978, or title 23, United
States Code,'' and inserting ``the Surface Transportation
Assistance Act of 1982 (96 Stat. 2097) or this title'';
[(D) by striking subsection (e); and
[(E) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively.
[SEC. 1905. TECHNICAL AMENDMENTS TO 23 UNITED STATES CODE 140
(NONDISCRIMINATION).
[(a) Section 140(a) of title 23, United States Code, is
amended as follows:
[(1) At the beginning of the second sentence, strike the
word ``He'' and insert in its place the words ``The
Secretary''.
[(2) In the first sentence, strike ``subsection (a) of
section 105'' and insert in its place ``section 135''.
[(3) In the third sentence, strike the phrase ``where he
considers it necessary'' and insert in its place the phrase
``where necessary''.
[(4) The last sentence is amended to read as follows: ``The
Secretary shall periodically obtain from the Secretary of
Labor and the respective State transportation departments
information which will enable the Secretary to judge
compliance with the requirements of this section and the
Secretary of Labor shall render to the Secretary such
assistance and information as the Secretary shall deem
necessary to carry out the equal employment opportunity
program required hereunder.''.
[(b) Section 140(b) of title 23, United States Code, is
amended as follows:
[(1) In the first sentence, strike the words ``highway
construction'' and insert ``surface transportation'';
[(2) In the second sentence, strike the phrase ``as he may
deem necessary'' and insert in its place the phrase ``as
necessary'', and strike the phrase ``not to exceed $2,500,000
for the transition quarter ending September 30, 1976, and''.
[(3) In the fourth sentence, strike the phrase ``shall not
be not be applicable to contracts'' and insert in its place
the phrase ``shall not be applicable to contracts''.
[(c) The second sentence of section 140(c) of title 23,
United States Code, is amended by striking the phrase ``the
Secretary shall deduct such sums as he may deem necessary,''
and inserting in its place the phrase ``the Secretary shall
deduct such sums as necessary,''.
[(d) Section 140(d) of title 23, United States Code, is
amended by striking from its catchline the words ``and
contracting''.
[SEC. 1906. FEDERAL SHARE PAYABLE FOR PROJECTS FOR
ELIMINATION OF HAZARDS OF RAILWAY-HIGHWAY
CROSSINGS.
[Section 120(c) of title 23, United States Code, is amended
by amending the first sentence of subsection (c) to read as
follows: ``The Federal share payable on account of any
project for traffic control signalization; safety rest areas;
pavement marking; commuter carpooling and vanpooling; rail-
highway crossing closure; projects for elimination of hazards
of railway-highway crossings, as identified in section 2604
of Public Law 106-246 (114 Stat. 511, 559); or installation
of traffic signs, traffic lights, guardrails, impact
attenuators, concrete barrier endtreatments, breakaway
utility poles, or priority control systems for emergency
vehicles or transit vehicles at signalized intersections may
amount to 100 percent of the cost of construction of such
projects; except that not more than 10 percent of all sums
apportioned for all the Federal-aid systems for any fiscal
year in accordance with section 104 of this title shall be
used under this subsection.''.
[TITLE II--HIGHWAY SAFETY
[SEC. 2001. HIGHWAY SAFETY PROGRAMS.
[(a) Performance Grants.--Section 402 (k) of title 23,
United States Code, is amended to read as follows:
[``(k) Performance Grants.--In addition to other grants
authorized by this section, the Secretary shall make grants
in accordance with this subsection. Funds authorized to carry
out this subsection in a fiscal year shall be subject to a
deduction not to exceed 5 percent for the necessary costs of
administering this subsection.
[``(1) General performance grants.--On or before December
31, 2003, and on or before each December 31 thereafter
through December 31, 2008, the Secretary shall make grants to
States based upon the performance of their highway safety
programs in the following categories: (i) motor vehicle crash
fatalities; (ii) alcohol-related crash fatalities; and (iii)
motorcycle, bicycle, and pedestrian crash fatalities.
[``(A) Determinations by the secretary.--The Secretary,
through a rulemaking proceeding, shall determine--
[``(i) measures for calculating and scoring performance in
each category under this paragraph, using the data for the
most recent calendar year for which the data are available
from--
[``(I) fatality data provided by the National Highway
Traffic Safety Administration; and
[``(II) vehicle miles traveled determined by the Federal
Highway Administration.
[``(ii) goals for achievement and annual progress in each
category under this paragraph that reflect the potential of
each goal to save lives; and
[``(iii) a weighting system for all of the goals that
reflects the relative potential of each goal to save lives.
[``(B) Amount of grants.--The Secretary shall determine the
amount of funds available to a State in a fiscal year for
grants under this paragraph, based on the State's achievement
or annual progress in each of the categories under this
paragraph, using the measures, goals and weighting system
established under this paragraph, the amount appropriated to
carry out the grants for such fiscal year, and the ratio that
the funds apportioned to the State under section 402(c) for
such fiscal year bears to the funds apportioned under section
402(c) for such fiscal year to all the States that qualify
for a grant for such fiscal year.
[``(2) Safety belt performance grants.
[ ``(A) Primary safety belt use law.--
[``(i) For fiscal years 2004 and 2005, the Secretary shall
make a grant to each State that enacted, and is enforcing, a
primary safety belt use law for all passenger motor vehicles
that became effective by December 31, 2002.
[``(ii) For each of fiscal years 2004 through 2009, the
Secretary shall, after making grants under paragraph
(2)(A)(i) of this subsection, make a one-time grant to each
State that either enacts for the first time after December
31, 2002, and has in effect a primary safety belt use law for
all passenger motor vehicles, or, in the case of a State that
does not have such a primary safety belt use law, has a State
safety belt use rate in the preceding fiscal year of at least
90 percent, as measured under criteria determined by the
Secretary.
[``(iii) Of the funds authorized for grants under this
subsection, $100,000,000 in each of fiscal years 2004 through
2009 shall be available for grants under this paragraph. The
amount of a grant available to a State in each of fiscal
years 2004 and 2005 under paragraph (2)(A)(i) of this
subsection shall be equal to one-half of the amount of funds
apportioned to the State under subsection (c) of this section
for fiscal year 2003. The amount of a grant available to a
State in fiscal year 2004 or in a subsequent fiscal year
under paragraph (2)(A)(ii) of this subsection shall be equal
to five times the amount apportioned to the State for fiscal
year 2003 under subsection (c). Notwithstanding subsection
(d) of this section, the Federal share payable for grants
under this paragraph shall be 100 percent. If the total
amount of grants under paragraph (2)(A)(ii) for a fiscal year
exceeds the amount of funds available in the fiscal year,
grants shall be made to each eligible State, in the order in
which its primary safety belt use law became effective or its
safety belt use rate reached 90 percent, until the funds for
the fiscal year are exhausted. A State that does not receive
a grant for which it is eligible in a fiscal year shall
receive the grant in the succeeding fiscal year so long as
its law remains in effect or its safety belt use rate remains
at or above 90 percent. If the total amount of grants under
this paragraph for a fiscal year is less than the amount
available in the fiscal year, the Secretary shall use any
funds that exceed the total amount for grants under paragraph
(2)(B) of this subsection.
[``(B) Safety belt use rate.--
[``(i) On or before December 31, 2003, and on or before
each December 31 thereafter through December 31, 2008, the
Secretary shall make grants to States based upon their safety
belt use rate in the preceding fiscal year.
[``(ii) The Secretary, through a rulemaking, shall
determine measures for calculating and scoring the
performance for safety belt use rates, using data for the
most recent calendar year for which State safety belt use
rate data are available from observational safety belt
surveys conducted in accordance with criteria established by
the Secretary.
[``(iii) Of the funds authorized for grants under this
subsection, $25,000,000 for fiscal year 2004, $27,000,000 for
fiscal year 2005, $29,000,000 for fiscal year 2006,
$31,000,000 for fiscal year 2007, $34,000,000 for fiscal year
2008, and $36,000,000 for fiscal year 2009 shall be available
for safety belt use rate grants under this paragraph. The
Secretary shall determine the amount of funds available to
a State in a fiscal year based on the State's achievement
or annual progress in its safety belt use rate, the amount
appropriated to carry out the grants for such fiscal year,
and the ratio that the funds apportioned to the State
under section 402(c) for such fiscal year bears to the
funds apportioned under section
[[Page S422]]
402(c) for such fiscal year to all the States that qualify
for a grant for such fiscal year. Notwithstanding
subsection (d) of this section, the Federal share payable
for grants under this paragraph shall be 100 percent.
[``(C) Definition.--In this paragraph, passenger motor
vehicle means a passenger car, pickup truck, van, minivan, or
sport utility vehicle, with a gross vehicle weight rating of
less than 10,000 pounds.
[``(3) Use of grants.--A State allocated an amount for a
grant under paragraph (1)(A) of this subsection shall use the
amount for activities eligible for assistance under this
section, except that it may use up to 50 percent of the
amount for activities eligible under section 150 of this
title and consistent with the State's strategic highway
safety plan under section 151 of this title that are not
otherwise eligible for assistance under this section. A State
allocated an amount for a grant under paragraph (2)(A) of
this subsection may use the amount for activities eligible
for assistance under this section or for activities eligible
under section 150 of this title and consistent with the
State's strategic highway safety plan under section 151 of
this title that are not otherwise eligible for assistance
under this section. A State allocated an amount for a grant
under paragraph (2)(B) of this subsection, including any
amount transferred under paragraph (2)(A) of this subsection,
shall use the amount for safety belt use programs eligible
for assistance under this section, except that it may use up
to 50 percent of the amount for activities eligible under
section 150 of this title and consistent with the State's
strategic highway safety plan under section 151 of this title
that are not otherwise eligible for assistance under this
section.''.
[(b) Impaired Driving Grants.--Section 402 of title 23,
United States Code, is amended by adding at the end the
following subsection:
[``(l)(1) Impaired Driving Grants.--In addition to other
grants authorized by this section and subject to the
provisions of this subsection, the Secretary shall design and
implement a discretionary grant program to develop,
demonstrate, and evaluate comprehensive State programs to
reduce impaired driving in States with a high number of
alcohol-related fatalities and a high rate of alcohol-related
fatalities relative to vehicle miles traveled and population.
[``(2) Procedure.--The Secretary shall establish a
procedure for submitting grant applications under this
subsection, and shall select from among the applicants the
States to participate in the program.
[``(3) Use of Grants.--A grant to a State under this
subsection shall be used only to carry out the State's
program under paragraph (1).
[``(4) Administrative Expenses.--Funds authorized to be
appropriated to carry out this subsection in a fiscal year
shall be subject to a deduction not to exceed 10 percent for
the costs of evaluating the programs and administering the
provisions of this subsection.
[``(5) Federal Share.--Notwithstanding subsection (d) of
this section, the Federal share payable for a grant under
this subsection shall be--
[``(A) 100 percent in the first and second fiscal years in
which the State receives a grant;
[``(B) 75 percent in the third and fourth fiscal years in
which the State receives a grant; and
[``(C) 50 percent in the fifth and sixth fiscal years in
which the State receives a grant.''.
[SEC. 2002. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
[Section 403(a) (Authority of the Secretary) of title 23,
United States Code, is amended by adding the following
paragraphs at the end:
[``(4) Emergency medical services.--In addition to the
authority provided under this subsection, the Secretary is
authorized to use funds appropriated to carry out this
section to enhance coordination among Federal agencies
involved with State, local, tribal, and community-based
emergency medical services. In exercising this authority, the
Secretary may coordinate with State and local governments,
the Bureau of Indian Affairs on behalf of Indian tribes,
private industry, and other interested parties; collect and
exchange emergency medical services data and information;
examine emergency medical services needs, best practices, and
related technology; and develop emergency medical services
standards and guidelines, and plans for the assessment of
emergency medical services systems.
[``(5) International cooperation.--In addition to the
authority provided under this subsection, the Secretary is
authorized to use funds appropriated to carry out this
section to participate and cooperate in international
activities to enhance highway safety by such means as
exchanging safety information; conducting safety research;
and examining safety needs, best practices, and new
technology.
[``(6) National motor vehicle crash causation survey.--In
addition to the authority provided under this subsection, the
Secretary is authorized to use funds appropriated to carry
out this section to develop and conduct a nationally
representative survey to collect on-scene motor vehicle crash
causation data.''.
[SEC. 2003. EMERGENCY MEDICAL SERVICES.
[(a) Federal Coordination and Enhanced Support of Emergency
Medical Services.--Chapter 4 of title 23, United States Code,
is amended by revising section 407 to read as follows:
[``Sec. 407. Federal coordination and enhanced support of
emergency medical services
[``(a) Federal Interagency Committee on Emergency Medical
Services.--
[``(1) In general.--The Secretary of Transportation and the
Secretary of Homeland Security through the Under Secretary
for Emergency Preparedness and Response, in consultation with
the Secretary of Health and Human Services, shall establish a
Federal Interagency Committee on Emergency Medical Services
(referred to as the `Interagency Committee on EMS') that
shall--
[``(A) assure coordination among the Federal agencies
involved with State, local, tribal or regional emergency
medical services and 9-1-1 systems;
[``(B) identify State, local, tribal or regional emergency
medical services and 9-1-1 needs;
[``(C) recommend new or expanded programs, including grant
programs, for improving State, local, tribal or regional
emergency medical services and implementing improved EMS
communications technologies, including wireless E9-1-1;
[``(D) identify ways to streamline the process through
which Federal agencies support State, local, tribal or
regional emergency medical services;
[``(E) assist State, local, tribal or regional emergency
medical services in setting priorities based on identified
needs; and
[``(F) advise, consult with and make recommendations on
matters relating to the implementation of the coordinated
State emergency medical services program established under
subsection (b) of this section.
[``(2) Membership.--The membership of the Interagency
Committee on EMS shall consist of the following officials, or
their designees:
[``(A) Administrator, National Highway Traffic Safety
Administration.
[``(B) Director, Preparedness Division, Emergency
Preparedness and Response Directorate, Department of Homeland
Security.
[``(C) Administrator, Health Resources and Services
Administration.
[``(D) Director, Centers for Disease Control and
Prevention.
[``(E) Administrator, United States Fire Administration,
Emergency Preparedness and Response Directorate, Department
of Homeland Security.
[``(F) Director, Center for Medicare and Medicaid Services.
[``(G) Undersecretary of Defense for Personnel and
Readiness, Department of Defense.
[``(H) Assistant Secretary for Public Health Emergency
Preparedness, Department of Health and Human Services.
[``(I) Director, Indian Health Service, Department of
Health and Human Services.
[``(J) Chief, Wireless Telecom Bureau, Federal
Communications Commission.
[``(K) A representative of any other Federal agency
identified by the Secretary of Transportation or the
Secretary of Homeland Security through the Under Secretary
for Emergency Preparedness and Response, in consultation with
the Secretary of Health and Human Services, as having a
significant role in the purposes of the Interagency Committee
on EMS.
[``(3) Administration.--The National Highway Traffic Safety
Administration, in cooperation with the Director,
Preparedness Division, Emergency Preparedness and Response
Directorate, Department of Homeland Security, shall provide
administrative support to the Interagency Committee on EMS,
including scheduling meetings, setting agendas, keeping
minutes and records, and producing reports.
[``(4) Leadership.--The members of the Interagency
Committee on EMS shall select a chairperson of the Committee
annually.
[``(5) Meetings.--The Interagency Committee on EMS shall
meet as frequently as determined necessary by the chairperson
of the Committee.
[``(6) Annual reports.--The Interagency Committee on EMS
shall prepare an annual report to Congress on the Committee's
activities, actions, and recommendations.
[``(b) Coordinated Nationwide Emergency Medical Services
Program.--
[``(1) General authority.--The Secretary of Transportation,
through the Administrator of the National Highway Traffic
Safety Administration, is authorized and directed to
cooperate with other Federal departments and agencies, and
may assist State and local governments and EMS organizations,
both fire-based and otherwise, private industry, and other
interested parties, to ensure the development and
implementation of a coordinated nationwide emergency medical
services program designed to strengthen transportation safety
and public health and to implement improved EMS communication
systems including 9-1-1. For the purposes of this section,
the term `State' means any one of the fifty States, the
District of Columbia, Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Secretary of the Interior on behalf of
Indian Tribes.
[``(2) Coordinated state emergency medical services
program.--Each State shall establish a program, approved by
the Secretary, to coordinate the emergency medical services
and resources deployed throughout the State, so as to ensure
improved EMS
[[Page S423]]
communication systems including 9-1-1, utilization of
established best practices in system design and operations,
implementation of quality assurance programs, and
incorporation of data collection and analysis programs that
facilitate system development and data linkages with other
systems and programs useful to emergency medical services.
[``(3) Administration of state programs.--The Secretary may
not approve a coordinated State emergency medical services
program under this subsection unless the program--
[``(A) provides that the Governor of the State is
responsible for its administration through a State office of
emergency medical services that has adequate powers and is
suitably equipped and organized to carry out such program and
coordinates such program with the highway safety office of
the State; and
[``(B) authorizes political subdivisions of the State to
participate in and receive funds under such program,
consistent with goal of achieving statewide coordination of
emergency medical services and 9-1-1 activities.
[``(4) Use of funds; administrative expenses;
apportionments.--Funds authorized to be appropriated to carry
out this subsection shall be used to aid the States in
conducting coordinated emergency medical services and 9-1-1
programs that are in accordance with the provisions of
paragraph (2). Such funds shall be subject to a deduction not
to exceed 10 percent for the necessary costs of administering
the provisions of this subsection, and the remainder shall be
apportioned among the States. Such funds shall be apportioned
as follows: 75 percent in the ratio that the population of
each State bears to the total population of all the
States, as shown by the latest available Federal census,
and 25 percent in the ratio that the public road mileage
in each State bears to the total public road mileage in
all States. For the purpose of this subsection, a `public
road' means any road under the jurisdiction of and
maintained by a public authority and open to public
travel. Public road mileage as used in this subsection
shall be determined as of the end of the calendar year
prior to the year in which the funds are apportioned and
shall be certified to by the Governor of the State and
subject to approval by the Secretary. The annual
apportionment to each State shall not be less than one-
half of 1 percent of the total apportionment, except that
the apportionment to the Secretary of the Interior on
behalf of Indian tribes shall not be less than three-
fourths of 1 percent of the total apportionment, and the
apportionments to the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana
Islands shall not be less than one-quarter of 1 percent of
the total apportionment.
[``(5) Contract authority.--The provisions contained in
section 402(d) of this chapter shall apply to this
subsection.
[``(6) Federal share.--The Federal share of the cost of a
project or program funded under this subsection shall be 80
percent.
[``(7) Application in indian country.--
[``(A) Use of terms.--For the purpose of application of
this subsection in Indian country, the terms `State' and
`Governor of the State' include the Secretary of the Interior
and the term `political subdivisions of the State' includes
an Indian tribe.
[``(B) Indian country defined.--In this subsection, the
term `Indian country' means--
[``(i) all land within the limits of any Indian reservation
under the jurisdiction of the United States, notwithstanding
the issuance of any patent and including rights-of-way
running through the reservation;
[``(ii) all dependent Indian communities within the borders
of the United States, whether within the original or
subsequently acquired territory thereof and whether within or
without the limits of a State; and
[``(iii) all Indian allotments, the Indian titles to which
have not been extinguished, including rights-of-way running
through such allotments.''.
[(b) The item relating to section 407 in the analysis of
chapter 4 of title 23, United States Code, is amended to read
as follows:
[``407. Federal coordination and enhanced support of emergency medical
services.''.
[SEC. 2004. STATE TRAFFIC SAFETY INFORMATION SYSTEM
IMPROVEMENTS.
[(a) Chapter 4 of title 23, United States Code, is amended
by adding the following section:
[``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. Recipient
States may use such grants only to implement such programs.
[``(2) Model data elements.--The Secretary, in consultation
with States and other appropriate parties, shall determine
the model data elements necessary to observe and analyze
State and national trends in crash occurrences, rates,
outcomes, and circumstances. In order to become eligible for
a grant under this section, a State shall certify to the
Secretary the State's adoption and use of such model data
elements.
[``(3) Maintenance of effort.--No grant may be made to a
State under this section in any fiscal year unless the State
enters into such agreements with the Secretary as the
Secretary may require ensuring that the State will maintain
its aggregate expenditures from all other sources for highway
safety data programs at or above the average level of such
expenditures in the 2 fiscal years preceding the date of
enactment of this Act.
[``(4) Federal share.--The Federal share of the cost of
adopting and implementing in a fiscal year a program of a
State pursuant to paragraph (1) shall not exceed 80 percent.
[``(b) First-Year Grants.--
[``(1) Eligibility.--To be eligible for a first-year grant
under this section in a fiscal year, a State must demonstrate
to the satisfaction of the Secretary that the State has--
[``(A) established a highway safety data and traffic
records coordinating committee with a multidisciplinary
membership that includes, among others, managers, collectors,
and users of traffic records and public health and injury
control data systems; and
[``(B) developed a multiyear highway safety data and
traffic records system strategic plan that addresses existing
deficiencies in the State's highway safety data and traffic
records system and is approved by the highway safety data and
traffic records coordinating committee and--
[``(i) specifies how existing deficiencies in the State's
highway safety data and traffic records system were
identified;
[``(ii) prioritizes, based on the identified highway safety
data and traffic records system deficiencies, the highway
safety data and traffic records system needs and goals of the
State, including the activities under subsection (a)(1);
[``(iii) identifies performance-based measures by which
progress toward those goals will be determined;
[``(iv) specifies how the grant funds and any other funds
of the State will be used to address needs and goals
identified in the multiyear plan; and
[``(v) includes a current report on the progress in
implementing the multiyear plan that documents progress
toward the specified goals.
[``(2) Grant amounts.--The amount of a first-year grant to
a State for a fiscal year 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 of this chapter for fiscal year 2003 bears
to the funds apportioned to all States under section 402 for
fiscal year 2003;
except that no State eligible for a grant under this section
shall receive less than $300,000.
[``(c) Succeeding-Year Grants.--
[``(1) Eligibility.--A State shall be eligible for a grant
under this subsection in a fiscal year succeeding the first
fiscal year in which the State receives a grant under
subsection (b) if the State, to the satisfaction of the
Secretary--
[``(A) submits an updated multiyear plan that meets the
requirements of subsection (b)(1)(B);
[``(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.
[``(2) Grant amounts.--The amount of a succeeding year
grant made to a State for a fiscal year under this paragraph
shall equal an amount determined by multiplying--
[``(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; except that no State eligible for a grant under this
paragraph shall receive less than $500,000.
[``(d) Administrative Expenses.--Funds authorized to be
appropriated to carry out this section in a fiscal year shall
be subject to a deduction not to exceed 5 percent for the
necessary costs of administering the provisions of this
section.
[``(e) Applicability of Chapter 1.--The provisions
contained in section 402(d) shall apply to this section.''.
[(b) The analysis of chapter 4 of title 23, United States
Code, is amended by inserting the following at the end:
[[Page S424]]
[``412. State traffic safety information system improvements.''.
[SEC. 2005. 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) for the National Highway Traffic Safety
Administration:
[(1) Consolidated state highway safety programs.--
[(A) To carry out the State and Community Highway Safety
Grant Program under section 402 of title 23, United States
Code, except for subsections (k) and (l), $162,000,000 for
fiscal year 2004, $167,000,000 for fiscal year 2005,
$172,000,000 for fiscal year 2006, $177,000,000 for fiscal
year 2007, $183,000,000 for fiscal year 2008, and
$189,000,000 for fiscal year 2009.
[(B) To carry out the performance grant programs under
subsection (k) of section 402 of title 23, United States
Code, $175,000,000 for fiscal year 2004, $179,000,000 for
fiscal year 2005, $183,000,000 for fiscal year 2006,
$189,000,000 for fiscal year 2007, $195,000,000 for fiscal
year 2008, and $201,000,000 for fiscal year 2009.
[(C) To carry out the impaired driving grants under
subsection (l) of section 402 of title 23, United States
Code, $50,000,000 for each of fiscal years 2004 through 2009.
[(2) Highway safety research and development.--To carry out
the highway safety research and development program under
section 403 of title 23, United States Code, $88,452,000 for
fiscal year 2004, $90,000,000 for fiscal year 2005,
$92,000,000 for fiscal year 2006, $94,000,000 for fiscal year
2007, $96,000,000 for fiscal year 2008, and $99,000,000 for
fiscal year 2009.
[(3) Emergency medical services grants.--To carry out
section 407 of title 23, United States Code, $10,000,000 for
each of fiscal years 2004 through 2009.
[(4) State traffic safety information system improvements
grants.--To carry out section 412 of title 23, United States
Code, $50,000,000 for each of fiscal years 2004 through 2009.
[(5) National driver register.--To carry out chapter 303
(National Driver Register) of title 49, United States Code,
$3,600,000 for fiscal year 2004, and $4,000,000 for each of
fiscal years 2005 through 2009.
[(b) Allocations.--
[(1) Emergency medical services activities.--Out of amounts
appropriated pursuant to subsection (a)(2), the Secretary may
use $2,226,000 in each fiscal year to carry out paragraph (4)
of section 403(a) of title 23, United States Code.
[(2) International cooperation activities.--Out of amounts
appropriated pursuant to subsection (a)(2), the Secretary may
use $200,000 in each fiscal year to carry out paragraph (5)
of section 403(a) of title 23, United States Code.
[(3) National motor vehicle crash causation survey.--Out of
the amounts appropriated pursuant to subsection (a)(2), the
Secretary may use $10,000,000 in each fiscal year to carry
out paragraph (6) of section 403(a) of title 23, United
States Code.
[(c) Applicability of Title 23.--(1) Amounts made available
under subsection (a)(2) shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code.
[(2) Notwithstanding section 402(d) of title 23, United
States Code, the funds authorized by subsection (a)(1) that
are apportioned or allocated in a State shall remain
available for obligation in that State for a period of two
years after the last day of the fiscal year for which the
funds are authorized. Any amounts so apportioned or allocated
that remain unobligated at the end of that period shall
lapse.
[SEC. 2006. REPEAL OF OBSOLETE PROVISIONS OF TITLE 23.
[(a) Repeal of Obsolete Provisions.--Sections 406 and 408
of title 23, United States Code, are repealed.
[(b) Conforming Amendment.--The items relating to sections
406 and 408 in the analysis of chapter 4 of title 23, United
States Code, are deleted.
[TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
[SEC. 3001. SHORT TITLE.
[This title may be cited as the ``Federal Public
Transportation Act of 2003''.
[SEC. 3002. UPDATED TERMINOLOGY; AMENDMENTS TO TITLE 49,
UNITED STATES CODE.
[(a) Updated Terminology.--Chapter 53 of title 49, United
States Code, including the chapter analysis, is amended by
striking ``mass'' each place it appears before
``transportation'' and inserting ``public'', except in
sections 5301(f), 5302(a)(7), 5315, 5323(a)(1), and
5323(a)(1)(B).
[(b) Amendments to Title 49.--Except as otherwise
specifically provided, whenever in this title an amendment or
repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision of law, the reference shall
be considered to be made to a section or other provision of
title 49, United States Code.
[SEC. 3003. 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 economic interest of
the United States to foster the development and
revitalization of public transportation systems that maximize
the efficient, secure, and safe mobility of individuals, and
minimize environmental impacts and reliance on foreign
oil.''.
[(b) Preserving the Environment.--Section 5301(e) is
amended by--
[(1) striking ``an urban'' and inserting ``a''; and
[(2) striking ``under sections 5309 and 5310 of this
title''.
[(c) General Purposes.--Section 5301(f) is amended--
[(1) in paragraph (1) by--
[(A) striking ``mass'' after ``improved'' and inserting
``public''; and
[(B) striking ``public and private mass transportation
companies and inserting ``both public transportation
companies and private companies engaged in public
transportation'';
[(2) in paragraphs (2) and (3) by--
[(A) striking ``urban mass'' after ``areawide'' and
inserting ``public'', and
[(B) striking ``public and private mass transportation
companies'' and inserting ``both public transportation
companies and private companies engaged in public
transportation''; and
[(3) in paragraph (5), by striking ``urban mass'' and
inserting ``public''.
[SEC. 3004. DEFINITIONS.
[(a) In General.--Section 5302 is amended to read as
follows:
[``Sec. 5302. Definitions
[``(a) In General.--In this chapter, the following
definitions apply:
[``(1) `access to jobs project' means a project relating to
the development and maintenance of transportation services
designed to transport welfare recipients and low-income
individuals to and from jobs and activities related to their
employment, including--
[``(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;
[``(C) promoting the use of transit vouchers for welfare
recipients and 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.
[``(1a) `capital project' means a project for--
[``(A) acquiring, constructing, supervising, or inspecting
equipment or a facility for use in public transportation,
expenses incidental to the acquisition or construction
(including designing, engineering, location surveying,
mapping, and acquiring rights-of-way), payments for the
capital portions of rail trackage rights agreements, transit-
related intelligent transportation systems, relocation
assistance, acquiring replacement housing sites, and
acquiring, constructing, relocating, and rehabilitating
replacement housing;
[``(B) rehabilitating a bus;
[``(C) remanufacturing a bus;
[``(D) overhauling rail rolling stock;
[``(E) preventive maintenance;
[``(F) leasing equipment or a facility for use in public
transportation, subject to regulations that the Secretary
prescribes limiting the leasing arrangements to those that
are more cost-effective than purchase or construction;
[``(G) a public transportation improvement that enhances
economic development or incorporates private investment,
including commercial and residential development, pedestrian
and bicycle access to a public transportation facility, and
the renovation and improvement of historic transportation
facilities, because the improvement enhances the
effectiveness of a public transportation project and is
related physically or functionally to that public
transportation project, or establishes new or enhanced
coordination between public transportation and other
transportation, and provides a fair share of revenue for
public transportation that will be used for public
transportation--
[``(i) including property acquisition, demolition of
existing structures, site preparation, utilities, building
foundations, walkways, open space, safety and security
equipment and facilities (including lighting, surveillance
and related intelligent transportation system applications),
facilities that incorporate community services such as
daycare or health care, and a capital project for, and
improving, equipment or a facility for an intermodal transfer
facility or transportation mall, except that a person making
an agreement to occupy space in a facility under this
subparagraph shall pay a reasonable share of the costs of the
facility through rental payments and other means; and
[``(ii) excluding construction of a commercial revenue-
producing facility or a part of a public facility not related
to public transportation; and
[``(H) the introduction of new technology, through
innovative or improved products, into public transportation;
[``(I) the provision of nonfixed route paratransit
transportation services in accordance with section 223 of the
Americans with Disabilities Act of 1990, but only for grant
recipients that are in compliance with applicable
requirements of that Act, including both fixed route and
demand responsive service, and only for amounts not to exceed
10 percent of such recipient's annual formula apportionment
under sections 5307 and 5311;
[``(J) crime prevention and security--
[``(i) including--
[``(I) projects to refine and develop security and
emergency response plans;
[[Page S425]]
[``(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; or
[``(IV) security training for public transportation
employees; but,
[``(ii) excluding all expenses related to operations,
except for such expenses incurred in the provisions of
activities under clauses (III) and (IV) of this subparagraph;
or
[``(K) establishment of a debt service reserve made up of
deposits with a bondholders' trustee in a non-interest
bearing account for the purpose of assuring timely payment of
principal and interest on bonds issued by a grant recipient
for purposes of financing an eligible project under this
chapter; and
[``(L) remediation associated with construction of a
capital project as described this paragraph on a brownfield
site as defined in 42 U.S.C. 9601.
[``(2) `chief executive officer of a State' includes the
designee of the chief executive officer.
[``(3) `emergency regulation' means a regulation--
[``(A) that is effective temporarily before the expiration
of the otherwise specified periods of time for public notice
and comment under section 5334(c); and
[``(B) prescribed by the Secretary as the result of a
finding that a delay in the effective date of the
regulation--
[``(i) would injure seriously an important public interest;
[``(ii) would frustrate substantially legislative policy
and intent; or
[``(iii) would damage seriously a person or class without
serving an important public interest.
[``(4) `fixed guideway' means a public transportation
facility--
[``(A) using and occupying a separate right-of-way or rail
for the exclusive use of public transportation and other high
occupancy vehicles; or -
[``(B) using a fixed catenary system and a right-of-way
usable by other forms of transportation.
[``(5) `individual with a disability' means an individual
who, because of illness, injury, age, congenital malfunction,
or other incapacity or temporary or permanent disability
(including an individual who is a wheelchair user or has
semiambulatory capability), cannot use effectively, without
special facilities, planning, or design, public
transportation service or a public transportation facility.
[``(6) `local governmental authority' includes--
[``(A) a political subdivision of a State;
[``(B) an authority of at least 1 State or political
subdivision of a State;
[``(C) an Indian tribe; and
[``(D) a public corporation, board, or commission
established under the laws of a State.
[ ``(7) `mass transportation' means public transportation.
[``(7a) `mobility management' means an activity or project
that involves one or more of the following goals:
[``(A) Addressing public transportation customer needs.
[``(B) Tailoring public transportation services to specific
market niches.
[``(C) Managing public transportation demand.
[``(D) Land use compatibility with public transportation
services.
[``(E) Improving coordination among public transportation
providers and other transportation service providers.
[``(8) `net project cost' means the part of a project that
reasonably cannot be financed from revenues.
[``(9) `new bus model' means a bus model (including a model
using alternative fuel)--
[``(A) that has not been used in public transportation in
the United States before the date of production of the model;
or
[``(B) used in public transportation in the United States,
but being produced with a major change in configuration or
components.
[``(10) `public transportation' means transportation by a
conveyance that provides regular and continuing general or
special transportation to the public, but does not include
school bus, charter, or sightseeing transportation.
[``(10a) `recipient' means an entity that receives Federal
transit program assistance directly from the Federal
government.
[``(11) `regulation' means any part of a statement of
general or particular applicability of the Secretary designed
to carry out, interpret, or prescribe law or policy in
carrying out this chapter.
[``(11a) `reverse commute project' means a public
transportation project designed to transport residents of
urban areas, urbanized areas, and areas other than urbanized
areas to suburban employment opportunities, including any
projects to--
[``(A) subsidize the costs associated with adding reverse
commute bus, train, carpool, van routes, or service from
urban areas, urbanized areas, and areas other than urbanized
areas, to suburban workplaces;
[``(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.
[``(12) `Secretary' means the Secretary of Transportation.
[``(13) `State' means a State of the United States, the
District of Columbia, Puerto Rico, the Northern Mariana
Islands, Guam, American Samoa, and the Virgin Islands, except
as defined in section 5305 of this title.
[``(13a) `subrecipient' means an entity that receives
Federal transit program assistance indirectly through a
recipient, rather than directly from the Federal government.
[``(14) `transit' means public transportation.
[``(15) `transit enhancement' means, with respect to any
project or an area to be served by a project, projects that
are designed to enhance public transportation service or use
and that are physically or functionally related to transit
facilities. Eligible projects are--
[``(A) historic preservation, rehabilitation, or operation
of historic public transportation buildings, structures, or
facilities (including historic bus or railroad facilities);
[``(B) bus shelters;
[``(C) landscaping and other scenic beautification,
including tables, benches, trash receptacles, and street
lights;
[``(D) public art;
[``(E) pedestrian access or walkways;
[``(F) bicycle access, including bicycle storage facilities
and installing equipment for transporting bicycles on public
transportation vehicles;
[``(G) transit connections to parks within the recipient's
transit service area;
[``(H) signage; and
[``(I) enhanced access for individuals with disabilities to
public transportation.
[``(16) [reserved]
[``(17) `urbanized area' means an area encompassing a
population of at least 50,000 people that has been defined
and designated in the latest decennial census as an
`urbanized area' by the Secretary of Commerce.
[``(18) `welfare recipient' means an individual who
receives or received aid or assistance under a State or
tribal program funded under part A of title IV of the Social
Security Act (whether in effect before or after the effective
date of the amendments made by title I of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104-193; 110 Stat. 2110)) at any time during
the 3-year period before the date on which the applicant
applies for a grant under this section.
[``(b) Authority To Modify `Individual With a
Disability'.--The Secretary may by regulation modify the
definition of the term `individual with a disability' in
subsection (a)(5) as it applies to section 5307(d)(1)(D).''.
[(b) Conforming Amendment.--Section 5321 is repealed.
[SEC. 3005. METROPOLITAN PLANNING.
[The text of section 5303 is amended to read as follows:
``Grants made under sections 5307, 5308, 5309, 5310, 5311,
5316, and 5317 shall be carried out in accordance with the
metropolitan planning provisions of chapter 52 of this
title.''.
[SEC. 3006. STATEWIDE PLANNING.
[(a) Section Heading.--Section 5304 is amended by striking
the section heading and inserting the following:
[``Sec. 5304. Statewide planning''.
[(b) The text of section 5304 is amended to read as
follows: ``Grants made under sections 5307, 5308, 5309, 5310,
5311, 5316, and 5317 shall be carried out in accordance with
the statewide planning provisions of chapter 52 of this
title.''.
[(c) Conforming Amendment.--The item relating to section
5304 in the table of sections for chapter 53 is amended to
read as follows:
[``5304. Statewide planning.''.
[SEC. 3007. PLANNING PROGRAMS.
[(a) In General.--Section 5305 is amended to read as
follows:
[``Sec. 5305. Planning programs
[``(a) Definitions.--In this section the following
definitions apply:
[``(1) `State' means a State of the United States, the
District of Columbia, and Puerto Rico, and
[``(2) `planning emphasis area' means priority themes
identified by the Secretary for consideration in sections
5303 and 5304 of this title.
[``(b) General Authority.--Under criteria the Secretary
establishes, the Secretary may make grants to States,
authorities of the States, metropolitan planning
organizations, and local governmental authorities, or may
make agreements with other departments, agencies, and
instrumentalities of the Government, or may enter into
contracts with private non-profit or for-profit entities for
development of, transportation plans and programs and to
plan, engineer, design, and evaluate a public transportation
project and for other technical studies, including--
[``(1) studies related to management, planning, operations,
capital requirements, and economic feasibility;
[``(2) evaluating previously financed projects;
[``(3) peer reviews and exchanges of technical data,
information, assistance, and related activities in support of
planning and environmental analyses among metropolitan
planning organizations and other transportation planners;
and,
[ ``(4) 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
[[Page S426]]
5338 of this title to carry out this section and sections
5303 and 5304 of this title are used to support balanced and
comprehensive transportation planning that considers the
relationships among land use and all transportation modes,
without regard to the programmatic source of the planning
amounts.
[``(d) Metropolitan Planning Program.--
[``(1) The Secretary shall apportion 80 percent of the
amount made available under subsection (h)(2)(A) of this
section to States to carry out sections 5303 and 5306 of this
title in a ratio equal to the population in urbanized areas
in each State divided by the total population in urbanized
areas in all States, as shown by the latest available
decennial census of population. A State may not receive less
than .5 percent of the amount apportioned under this
paragraph.
[``(2) Amounts apportioned to a State under paragraph (1)
of this subsection shall be made available promptly after
allocation to metropolitan planning organizations in the
State designated under this section under a formula--
[``(A) the State develops in cooperation with the
metropolitan planning organizations;
[``(B) the Secretary of Transportation approves; and
[``(C) that considers population in urbanized areas and
provides an appropriate distribution for urbanized areas to
carry out the cooperative processes described in this
section.
[``(3) The Secretary shall apportion 20 percent of the
amount made available under subsection (h)(2)(A) of this
section to States to supplement allocations made under
paragraph (1) of this subsection for metropolitan planning
organizations. Amounts under this paragraph shall be
allocated under a formula that reflects the additional cost
of carrying out planning, programming, and project selection
responsibilities under sections 5303 and 5306 of this title
in complex metropolitan planning areas.
[``(e) State Planning and Research Program.--
[``(1) The amounts made available pursuant to subsection
(h)(2)(B) of this section shall be apportioned to States for
grants and contracts to carry out sections 5303-5306, 5315,
and 5322 of this title. The amounts shall be apportioned so
that each State receives an amount equal to the population in
urbanized areas in the State, divided by the population in
urbanized areas in all States, as shown by the latest
available decennial census. However, a State must receive at
least .5 percent of the amount apportioned under this
subsection.
[``(2) A State, as the State considers appropriate, may
authorize part of the amount made available under this
subsection to be used to supplement amounts available under
subsection (d) of this section.
[``(f) Planning Capacity Building Program.--
[``(1) The Secretary shall establish a Planning Capacity
Building Program to support and fund innovative practices and
enhancements in transportation planning. The purpose of this
program shall be to promote activities that support and
strengthen the planning processes required under this section
and sections 5303 and 5304 of this chapter.
[``(2) Funding available under subsection (h)(1) of this
section to carry out this subsection will support--
[``(A) incentive grants to state, metropolitan planning
organizations, and public transportation operators; and
[``(B) research, information dissemination, and technical
assistance.
[``(3) The Secretary may use the funds for the purpose
described in paragraph (2)(B) independently or make grants
to, or enter into contracts, cooperative agreements, and
other transactions, with a Federal agency, State agency,
local governmental authority, association, nonprofit or for-
profit entity, or institution of higher education, to carry
out the purposes of this subsection.
[``(4) The program shall be administered by the Federal
Transit Administration in cooperation with the Federal
Highway Administration.
[``(g) Government's Share of Costs.--
[``(1) Amounts made available to carry out subsections (d),
(e) and (f) of this section may not exceed 80 percent of the
costs of the activity unless the Secretary of Transportation
decides it is in the interests of the Government not to
require a State or local match.
[``(2) When there are planning emphasis areas funded under
a grant or contract financed under this section, the
Secretary may establish a Government share consistent with
the planning emphasis area benefit.
[``(h) Allocation of Funds.--Of the funds made available by
or appropriated to carry out this section under section
5338(a)(2)(A) and (B) and 5338(b)(3)(A) and (B) of this title
for fiscal years 2004 through 2009,
[``(1) $5,000,000 shall be available for the planning
capacity building program under subsection (f) of this
section; and
[``(2) of the remaining amount,
[``(A) 82.72 percent shall be available for metropolitan
planning program under subsection (d) of this section; and
[``(B) 17.28 percent shall be available to carry out
subsections (b) and (e) of this section.
[``(i) Availability of Amounts.--An amount apportioned
under this section that remains available for 3 years after
the fiscal year in which the amount is apportioned shall be
reapportioned among the States.''.
[(b) Conforming Amendment.--The item relating to section
5305 in the table of sections for chapter 53 is amended to
read as follows:
[``5305. Planning programs.''.
[SEC. 3008. 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
metropolitan planning and statewide planning''.
[(b) Conforming Amendment.--The item relating to section
5306 in the table of sections for chapter 53 is amended to
read as follows:
[``5306. Private enterprise participation in metropolitan planning and
statewide planning.''.
[SEC. 3009. URBANIZED AREA PUBLIC TRANSPORTATION FORMULA
GRANTS PROGRAM.
[(a) Section Heading.--Section 5307 is amended by striking
the section heading and inserting the following:
[``Sec. 5307. Urbanized area public transportation
formula grants program''.
[(b) Technical Amendments.--Section 5307 is amended by--
[(1) striking subsections (h), (j) and (k); and
[(2) redesignating subsections (i), (l), (m), and (n) as
subsections (h), (i), (j), and (k), respectively.
[(c) Definitions.--Section 5307(a) is amended to read as
follows:
[``(a) Definitions.--In this section:
[``(1) `designated recipient' means--
[``(A) an entity designated, consistent with the planning
process under sections 5303-5306 of this title, by the chief
executive officer of a State, responsible local officials,
and publicly owned operators of public transportation to
receive and apportion amounts under sections 5336 and 5337 of
this title that are attributable to transportation management
areas established under section 5303 of this title; or
[``(B) a State or regional authority if the authority is
responsible under the laws of a State for a capital project
and for financing and directly providing public
transportation.
[``(2) `subrecipient' means a State or local governmental
authority, a nonprofit organization, or a private operator of
public transportation service that may receive a Federal
transit program grant indirectly through a recipient, rather
than directly from the Federal government.''.
[(d) General Authority.--Section 5307(b) is amended--
[(1) by striking paragraph (1) and inserting a new
paragraph (1) as follows:
[``(1) The Secretary of Transportation may make grants
under this section for--
[``(A) capital projects;
[``(B) planning and mobility management;
[``(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) by striking paragraphs (2) and (4);
[(3) by redesignating paragraph (3) as paragraph (2); and
[(4) in redesignated paragraph (2), by striking ``5305(a)''
and inserting ``5303''.
[(e) Grant Recipient Requirements.--Section 5307(d) is
amended--
[(1) in paragraph (1)(A), by inserting ``, including safety
and security aspects of the program'' after ``capacity'';
[(2) in paragraph (1)(E), by striking everything that
appears after ``section'' and inserting ``the recipient will
comply with section 5323 and 5325 of this title'';
[(3) in paragraph (1)(H), by striking ``5310(a)-(d)'';
[(4) by striking paragraph (1)(I);
[(5) by redesignating paragraph (1)(J) as paragraph (1)(I);
and
[(6) by adding at the end of subsection (f)(1), as
redesignated, the following:
[``(J) with a population of at least 200,000 in its
urbanized area will expend one percent of the amount the
recipient receives each fiscal year under this section for
transit enhancement activities described in section
5302(a)(15) of this title.''.
[(f) Government's Share of Costs.--Section 5307(e), is
amended--
[(1) in the first sentence, by striking ``(including
associated capital maintenance items)''; and
[(2) in the fourth sentence, by striking ``that are more
than the amount of those revenues in the fiscal year that
ended September 30, 1985'' and inserting ``and amounts
received under a service agreement with a State or local
social service agency or a private social service
organization''.
[(g) Undertaking Projects in Advance.--Section 5307(g) is
amended by striking paragraph (4).
[(h) Reviews, Audits, and Evaluations.--Section 5307(h), as
redesignated, is amended in paragraph (1) (A) by striking
``shall'' and inserting ``may''.
[(i) Relationship to Other Laws.--Section 5307(k), as
redesignated, is amended to read as follows:
[``(k)(1) Sections 5301, 5302, 5303, 5304, 5306, 5315(c),
5318, 5319, 5323, 5325, 5327, 5329, 5330, 5331, 5332, 5333
and 5335'' of this title apply to this section and to a grant
made under this section. Except as provided in this section,
no other provision of this chapter applies to this section or
to a grant made under this section.
[[Page S427]]
[``(2) The provision of assistance under this chapter shall
not be construed as bringing within the application of
chapter 15, title 5, U.S.C., any nonsupervisory employee of a
public transportation system (or any other agency or
entity performing related functions) to which such chapter
is otherwise inapplicable.''.
[(j) Conforming Amendments.--
[(1) The item relating to section 5307 in the table of
sections for chapter 53 is amended to read as follows:
[``5307. Urbanized area public transportation formula grants
program.''.
[(2) Section 3037 of the Transportation Equity Act for the
21st Century, Public Law 105-178, as amended, is repealed.
[SEC. 3010. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS.
[(a) Definitions.--Section 5311(a) is amended to read as
follows:--
[``(a) Definitions.--In this section--
[``(1) `recipient' means a State that receives a Federal
transit program grant directly from the Federal government.
[``(2) `subrecipient' means a State or local governmental
authority, a nonprofit organization, or a private operator of
public transportation service that may receive a Federal
transit program grant indirectly through a recipient, rather
than directly from the Federal government.''.
[(b) General Authority.--Section 5311(b) is amended--
[(1) by revising paragraph (1) to read as follows:
[``(1) Except as provided in paragraph (2) of this
subsection, the Secretary may make grants to areas other than
urbanized areas under this section for the following:
[``(A) public transportation capital projects;
[``(B) operating costs of equipment and facilities for use
in public transportation; and
[``(C) the acquisition of public transportation
services.'';
[(2) by redesignating paragraph (2) as paragraph (3) and
inserting a new paragraph (2), as follows:
[``(2) A project eligible for a grant under this section
shall be included in a State program for public
transportation service projects, including agreements with
private providers of public transportation service. The
program shall be submitted annually to the Secretary. The
Secretary may approve the program only if the Secretary finds
that the program provides a fair distribution of amounts in
the State, including Indian reservations, and the maximum
feasible coordination of public transportation service
assisted under this section with transportation service
assisted by other federal sources.'';
[(3) In paragraph (3), as redesignated, by inserting ``use
not more than 2 percent of the amount made available to carry
out this section to'' before ``make''; and
[(4) by adding after paragraph (3) the following:
[``(4) Of the amount available to carry out paragraph (3),
not more than 15 percent may be used to carry out projects of
a national scope, with the remaining balance provided to the
States.''.
[(c) Apportioning Amounts.--Subsection (c) is amended to
read as follows:
[``(c) Apportionments.--
[``(1) The amounts made available under section
5338(a)(2)(K) shall be apportioned as follows:
[``(A) For each eligible State in accordance with paragraph
(2) of this subsection:
[``(i) $2,500,000 in fiscal year 2004.
[``(ii) Three percent in fiscal year 2005.
[``(iii) Five percent in fiscal year 2006.
[``(iv) Seven percent in fiscal year 2007.
[``(v) Nine percent in fiscal year 2008.
[``(vi) Ten percent in every fiscal year thereafter.
[``(B) Remaining amounts shall be apportioned to each State
in accordance with paragraph (3) of this subsection.
[``(2)(A) Of the amounts to be apportioned under paragraph
(1)(A) of this subsection, the Secretary may use the
following amounts to make grants to establish data collection
systems capable of collecting the data in subparagraph (C) of
this paragraph:
[``(i) 100 percent in fiscal year 2004.
[``(ii) $1,500,000 in fiscal year 2005.
[``(iii) $500,000 in fiscal year 2006.
[``(B) Amounts under subparagraph (A) of this paragraph not
obligated within three years following the end of the fiscal
year in which those amounts became available shall be
available for apportionment under subparagraph (C) of this
paragraph.
[``(C) The remaining amounts to be apportioned under
paragraph (1)(A) of this subsection shall be apportioned by a
formula determined by the Secretary that distributes funds
based on increases in public transportation patronage in
other-than-urbanized areas.
[``(D) In apportioning funds under subparagraph (C) of this
paragraph, the Secretary may consider the efficiency of
service provision in the non-urbanized areas in the State.
[``(3) Each State shall receive an amount equal to the
remaining amount apportioned multiplied by a ratio equal to
the population of areas other than urbanized areas in a State
divided by the population of all areas other than urbanized
areas in the United States, as shown by the most recent
Federal government decennial census of population.''.
[(d) Use for Administrative, Planning, and Technical
Assistance.--Section 5311(e) is amended by striking--
[(1) ``Use for administration and technical assistance.
(1)'' and inserting ``Use for administration, planning, and
technical assistance.''; and
[(2) ``to a recipient'' after ``technical assistance''; and
[(3) paragraph (2).
[(e) Intercity Bus Transportation.--Section 5311(f) is
amended--
[(1) in paragraph (1), by striking ``after September 30,
1993,''; and
[(2) by inserting at the beginning of paragraph (2) ``After
consultation with affected intercity bus service
providers,''.
[(f) Government's Share of Costs.--Section 5311(g) is
amended to read as follows:
[``(g) Government's Share of Costs.--
[``(1) A grant for a capital project under this section may
not exceed 80 percent of the net capital costs of the
project, as determined by the Secretary. A grant made under
this section for operating assistance may not exceed 50
percent of the net operating costs of the project, as
determined by the Secretary. The remainder--
[``(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 Federal government
(other than the Department of Transportation, except for
Federal Land Highway funds) that are eligible to be expended
for transportation.
[``(2) A state carrying out a program of operating
assistance under this section may not limit the level or
extent of use of the Government grant for the payment of
operating expenses.
[``(3) For purposes of paragraph (2)(B) of this section,
the prohibitions on the use of funds for matching
requirements under section 403(a)(5)(c)(vii) of the Social
Security Act shall not apply to federal or state funds to be
used for transportation purposes.''.
[(g) Indian Reservation Rural Transit Program.--Section
5311(h) is amended to read as follows:
[``(h) Indian Reservation Rural Transit Program.--
[``(1) In this subsection, the term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
[``(2)(A) The Secretary shall establish and carry out
through the States a program to provide grants to Indian
tribes to operate, maintain, and establish rural transit
programs on reservations or other land under the jurisdiction
of the Indian tribes.
[``(B) The state may waive or reduce the amount of local
share required for these grants.
[``(3) Notwithstanding any other provision of law, for each
fiscal year, of the amount made available to carry out this
section under section 5338(a)(2)(K) for the fiscal year, the
Secretary shall make available $10,000,000 to carry out this
subsection.
[``(4) Of the funds made available pursuant to paragraph
(3) of this subsection,
[``(A) $9,500,000 shall be apportioned to the states based
on a ratio equal to the tribal population in each state
divided by the total tribal population in all states, as
shown by the latest decennial census of population for
allocation to existing Indian tribal rural transit programs
and to plan and establish new Indian tribe rural transit
programs;
[``(B) prior to distribution by states of in-state amounts
to Indian tribes, each State may use up to 5 percent for
state administration;
[``(C) amounts apportioned to a state under paragraph (A)
of this subsection shall be distributed to Indian tribes in
the state based on an allocation plan--
[``(i) the state develops in cooperation with Indian
tribes;
[``(ii) the Secretary approves; and
[``(iii) that provides an appropriate distribution for
funding the needs of existing and new Indian Reservation
Rural Transit Systems; and
[``(D) $500,000 shall be available to the Secretary to
provide technical assistance, including best practices and
outreach, to the states and tribes through grants, contracts,
or other arrangements and shall be in addition to and not in
lieu of other funds available for these purposes.
[``(5) An amount apportioned to the states under this
subsection--
[``(A) remains available for 3 years after the fiscal year
in which the amount was apportioned; and
[``(B) shall be reapportioned among the states if
unobligated at the end of the 3-year period.''.
[(h) Relationship to Other Laws.--Section 5311(j) is
amended to read as follows:
[``(j) Relationship to Other Laws.--
[``(1) Except as provided in subparagraphs (2) and (3) of
this subsection, a grant under this section is subject to the
requirements of 5307 to the extent the Secretary considers
appropriate.
[``(2) Sections 5323(a)(1)(D) and 5333(b) of this title
shall apply, provided that the Secretary of Labor shall
utilize a Special Warranty that provides a fair and equitable
arrangement to protect the interest of employees.
[``(3) The Secretary may waive the applicability of the
Special Warranty under paragraph (2) for private non-profit
subrecipients on a case-by-case basis as the Secretary deems
appropriate.
[[Page S428]]
[``(4) This subsection does not affect or discharge a
responsibility of the Secretary under a law of the United
States.''.
[SEC. 3011. NEW FREEDOM PROGRAM.
[(a) Chapter 53 of title 49, United States Code, is amended
by inserting after section 5316 the following:
[``Sec. 5317. New Freedom program
[``(a) Definitions.--In this section--
[``(1) `recipient' means a State that receives a grant
under this section directly.
[``(2) `subrecipient' means a State or local governmental
authority, a nonprofit organization, or a private operator of
public transportation service that may receive a grant under
this section indirectly through a recipient, rather than
directly from the Federal government.''.
[``(b) General Authority.--
[``(1) The Secretary of Transportation may provide grants
to recipients for new transportation services and
transportation alternatives beyond those required by the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), including motor vehicle programs that assist persons
with disabilities with transportation to and from jobs and
employment support services.
[``(2) A recipient may use not more than 15 percent of the
amounts apportioned under this section to administer, plan,
and provide technical assistance for a project funded under
this section.
[``(c) Apportionments.--
[``(1) The Secretary shall apportion amounts made available
under section 5338(a)(2)(H) of this title under a formula the
Secretary administers.
[``(2) The recipient may transfer any funds apportioned to
it under this subsection to sections 5311(c) or 5336. Any
funds transferred pursuant to this subsection shall be made
available only for eligible projects selected under this
section.
[``(d) Grant Requirements.--
[``(1) Except as provided in paragraphs (2) and (3) of this
subsection, a grant under this section is subject to the
requirements of 5307 to the extent the Secretary considers
appropriate.
[``(2) Section 5333(b) of this title shall apply, provided
that the Secretary of Labor shall utilize a Special Warranty
that provides a fair and equitable arrangement to protect the
interest of employees.
[``(3) The Secretary may waive the applicability of the
Special Warranty under paragraph (2) for private non-profit
subrecipients on a case-by-case basis as the Secretary deems
appropriate.
[``(4) A recipient of a grant under this section shall
certify that allocations of the grant to subrecipients are
distributed on a fair and equitable basis.
[``(e) Competitive Process.--
[``(1) The recipient shall conduct a statewide solicitation
for applications for grants under this section.
[``(2) Subrecipients seeking to receive a grant under this
section shall submit to the recipient an application in the
form and in accordance with such requirements as the
recipient shall establish.
[``(3) Subrecipients submitting applications pursuant to
paragraph (2) shall be selected on a competitive basis.
[``(f) Coordination.--
[``(1) The Secretary shall coordinate activities under this
section with related activities under programs of other
Federal departments and agencies.
[``(2) A recipient that transfers funds to section 5336
pursuant to subsection (c)(2) shall certify that the project
for which the funds are requested has been coordinated with
private non-profit providers of services under this section.
[``(3) 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) A grant for a capital project under this section may
not exceed 80 percent of the net capital costs of the
project, as determined by the Secretary. A grant made under
this section for operating assistance may not exceed 50
percent of the net operating costs of the project, as
determined by the Secretary. The remainder may be--
[``(A) provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, a service
agreement with a State or local social service agency or a
private social service organization, or new capital; and
[``(B) derived from amounts appropriated to or made
available to a department or agency of the Federal government
(other than the Department of Transportation, except for
Federal Land Highway funds) that are eligible to be expended
for transportation.
[``(2) A recipient carrying out a program of operating
assistance under this section may not limit the level or
extent of use of the Government grant for the payment of
operating expenses.
[``(3) For purposes of paragraph (1)(B) of this section,
the prohibitions on the use of funds for matching
requirements under section 403(a)(5)(c)(vii) of the Social
Security Act shall not apply to federal or state funds to be
used for transportation purposes.''.
[(b) Conforming Amendment.--The table of sections for
chapter 53 is amended after the item relating to section 5316
by adding the following:
[``5317. New Freedom program.''.
[SEC. 3012. MAJOR CAPITAL INVESTMENT PROGRAM.
[(a) Major Capital Investment Program.--Section 5309 is
amended to reads as follows:
[``Sec. 5309. Major capital investment grants
[``(a) General Authority.--
[``(1) The Secretary of Transportation may make grants
under this section to State and local governmental
authorities to assist them and their subrecipients in
financing capital projects for--
[``(A) new fixed guideway systems, extensions to existing
fixed guideway systems, and related project activities;
[``(B) the capital costs of coordinating public
transportation with other transportation;
[``(C) the introduction of new technology, through
innovative or improved products, into public transportation;
or
[``(D) the development of corridors to support public
transportation, including protecting rights of way through
acquisition, construction of dedicated bus and high occupancy
vehicle lanes or park and ride lots, or other capital
improvements that the Secretary may decide would result in
increased public transportation usage in the corridor.
[``(2) The Secretary shall require that a grant under this
subsection be subject to the terms, conditions, requirements,
and provisions the Secretary decides are necessary or
appropriate for the purposes of this section, including
requirements for the disposition of net increases in value of
real property resulting from the project assisted under this
section.
[``(b) Project as Part of Approved Program of Projects.--
[``(1) The Secretary may not approve a grant for a project
under this section unless the Secretary finds that the
project is part of an approved transportation plan and
program of projects required under sections 5303-5306 of this
title, and that the applicant has or will have the legal,
financial, and technical capacity to carry out the project
(including safety and security aspects of the project),
satisfactory continuing control over the use of the equipment
or facilities, and the capability and willingness to maintain
the equipment or facilities.
[``(2) An applicant that has submitted a certification
required by section 5307(d)(1) (A)-(C) and (H) of this title
shall provide sufficient information upon which the Secretary
can make the findings required by this subsection.
[``(c) Criteria for Major Capital Investment Grants of
$75,000,000 or More.--
[``(1) A project financed under this subsection shall be
carried out through a full funding grant agreement. The
Secretary shall enter into a full funding grant agreement
based on the evaluations and ratings required under this
subsection. The Secretary shall not enter into a full funding
grant agreement for a project unless that project is
authorized for final design and construction and has been
rated as `medium,' `medium-high,' or `high,' as defined in
this subsection.
[``(2) The Secretary may approve a grant under this section
for a major capital project only if the Secretary makes the
following determinations, based upon evaluations and
considerations as set forth below:
[``(A) The Secretary may approve a grant under this section
for a major capital project only if the Secretary determines
that the proposed project is--
[``(i) based on the results of an alternatives analysis and
preliminary engineering;
[``(ii) justified based on a comprehensive review of its
mobility improvements, environmental benefits, cost
effectiveness, operating efficiencies, transit supportive
policies and existing land use; and
[``(iii) supported by an acceptable degree of local
financial commitment, including evidence of stable and
dependable financing sources to construct the project, and
maintain, and operate the entire public transportation
system.
[``(B) Before making the determinations required by
paragraph (2)(A), the Secretary shall first analyze,
evaluate, and consider the following factors:
[``(i) In evaluating a project for purposes of making the
finding required by paragraph (2)(A)(i), the Secretary shall
analyze and consider the results of the alternatives analysis
and preliminary engineering for the project.
[``(ii) In evaluating a project for purposes of making the
finding required by paragraph (2)(A)(ii), 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;
[[Page S429]]
[``(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.
[``(iii) In evaluating a project under paragraph
(2)(A)(iii), 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.
[``(iv) In assessing the stability, reliability, and
availability of proposed sources of local financing under
paragraph (2)(A)(iii), the Secretary shall consider--
[``(I) existing grant commitments;
[``(II) the degree to which financing sources are dedicated
to the purposes propose;
[``(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.
[``(3) A proposed project may advance from alternatives
analysis to preliminary engineering, and may advance from
preliminary engineering to final design and construction,
only if the Secretary finds that the project meets the
requirements of this section and there is a reasonable
likelihood that the project will continue to meet such
requirements. In making the findings, the Secretary shall
evaluate and rate the project as `high,' `medium-high,'
`medium,' `low-medium,' or `low,' based on the results of
alternatives analysis, the project justification criteria,
and the degree of local financial commitment, as required
under this subsection. In rating the projects, the Secretary
shall provide, in addition to the overall project rating,
individual ratings for each of the criteria established by
regulation.
[``(d) Criteria for Major Capital Investment Grants Less
Than $75,000,000.--If the assistance provided under this
section is less than $75,000,000, the project shall be
subject to the requirements set forth in subsection (c) of
this section only to the extent the Secretary determines
appropriate.
[``(e) Previously Issued Letter of Intent or Full Funding
Grant Agreement.--Subsections (c) and (d) of this section do
not apply to projects for which the Secretary has issued a
letter of intent or entered into a full funding grant
agreement before the date of enactment of the Federal Public
Transportation Act of 2003.
[``(f) Letters of Intent, Full Funding Grant Agreements,
and Early Systems Work Agreements.--
[``(1)(A) The Secretary may issue a letter of intent to an
applicant announcing an intention to obligate, for a major
capital project under this section, an amount from future
available budget authority specified in law that is not more
than the amount stipulated as the financial participation of
the Secretary in the project. When a letter is issued for
fixed guideway projects, the amount shall be sufficient to
complete at least an operable segment.
[``(B) At least 30 days before issuing a letter under
subparagraph (A) of this paragraph or entering into a full
funding grant agreement, the Secretary shall notify in
writing the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate and the House and
Senate Committees on Appropriations of the proposed letter
or agreement. The Secretary shall include with the
notification a copy of the proposed letter or agreement as
well as the evaluations and ratings for the project.
[``(C) The issuance of a letter is deemed not to be an
obligation under sections 1108(c) and (d), 1501, and 1502(a)
of title 31, U.S.C., or an administrative commitment.
[``(D) An obligation or administrative commitment may be
made only when amounts are appropriated.
[``(2)(A) The Secretary may make a full funding grant
agreement with an applicant. The agreement shall--
[``(i) establish the terms of participation by the United
States Government in a project under this section;
[``(ii) establish the maximum amount of Government
financial assistance for the project;
[``(iii) cover the period of time for completing the
project, including a period extending beyond the period of an
authorization; and
[ ``(iv) make timely and efficient management of the
project easier according to the law of the United States.
[``(B) An agreement under this paragraph obligates an
amount of available budget authority specified in law and may
include a commitment, contingent on amounts to be specified
in law in advance for commitments under this paragraph, to
obligate an additional amount from future available budget
authority specified in law. The agreement shall state that
the contingent commitment is not an obligation of the
Government. Interest and other financing costs of efficiently
carrying out a part of the project within a reasonable time
are a cost of carrying out the project under a full funding
grant agreement, except that eligible costs may not be more
than the cost of the most favorable financing terms
reasonably available for the project at the time of
borrowing. The applicant shall certify, in a way satisfactory
to the Secretary, that the applicant has shown reasonable
diligence in seeking the most favorable financing terms. The
amount stipulated in an agreement under this paragraph for a
fixed guideway project shall be sufficient to complete at
least an operable segment.
[``(3)(A) The Secretary may make an early systems work
agreement with an applicant if a record of decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) has been issued on the project and the Secretary finds
there is reason to believe--
[``(i) a full funding grant agreement for the project will
be made; and
[``(ii) the terms of the work agreement will promote
ultimate completion of the project more rapidly and at less
cost.
[``(B) A work agreement under this paragraph obligates an
amount of available budget authority specified in law and
shall provide for reimbursement of preliminary costs of
carrying out the project, including land acquisition, timely
procurement of system elements for which specifications are
decided, and other activities the Secretary decides are
appropriate to make efficient, long-term project management
easier. A work agreement shall cover the period of time the
Secretary considers appropriate. The period may extend beyond
the period of current authorization. Interest and other
financing costs of efficiently carrying out the work
agreement within a reasonable time are a cost of carrying out
the agreement, except that eligible costs may not be more
than the cost of the most favorable financing terms
reasonably available for the project at the time of
borrowing. The applicant shall certify, in a way satisfactory
to the Secretary, that the applicant has shown reasonable
diligence in seeking the most favorable financing terms. If
an applicant does not carry out the project for reasons
within the control of the applicant, the applicant shall
repay all Government payments made under the work agreement
plus reasonable interest and penalty charges the Secretary
establishes in the agreement.
[``(4)(A) The total estimated amount of future obligations
of the Government and contingent commitments to incur
obligations covered by all outstanding letters of intent,
full funding grant agreements, and early systems work
agreements may be not more than the greater of the amount
authorized under section 5338(b) of this title for major
capital investment projects or an amount equivalent to the
last 3 fiscal years of funding authorized under section
5338(b)(3)(C) for major capital investment projects, less an
amount the Secretary reasonably estimates is necessary for
grants under this section not covered by a letter. The total
amount covered by new letters and contingent commitments
included in full funding grant agreements and early systems
work agreements may be not more than a limitation specified
in law.
[``(B) Future obligations of the Government and contingent
commitments made against the contingent commitment authority
under section 3032(g)(2) of the Intermodal Surface
Transportation Efficiency Act of 1991, Public Law 102-240, as
amended, for the San Francisco BART to the Airport project
for fiscal years 2002, 2003, 2004, 2005 and 2006 shall be
charged against section 3032(g)(2) of that Act.
[``(g) Government's Share of Net Project Cost.--
[``(1) Based on engineering studies, studies of economic
feasibility, and information on the expected use of equipment
or facilities, the Secretary shall estimate the net project
cost. A grant for the project shall be for 50 percent of the
net capital project cost, unless the grant recipient requests
a lower grant percentage.
[``(2) The remainder--
[``(A) shall be from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or new
capital; and
[``(B) may include up to 30 percent from amounts
appropriated to or made available to a department or agency
of the Federal Government that are eligible to be expended
for transportation.
[``(3) In addition to amounts allowed pursuant to paragraph
(1) of this subsection, a planned extension to a fixed
guideway system may include the cost of rolling stock
previously purchased if the applicant satisfies the Secretary
that only amounts other than amounts of the Government were
used and that the purchase was made for use on the extension.
A refund or reduction of the remainder may be made only if a
refund of a proportional amount of the grant of the
Government is made at the same time.
[``(4) The prohibitions on the use of funds for matching
requirements under section 403(a)(5)(C)(vii) of the Social
Security Act shall not apply to amounts allowed pursuant to
paragraph (2) of this subsection.
[[Page S430]]
[``(5) This subsection does not apply to projects for which
the Secretary of Transportation has issued a letter of intent
or entered into a full funding grant agreement before the
date of enactment of the Federal Public Transportation Act of
2003.
[``(h) Fiscal Capacity Considerations.--If the Secretary
gives priority consideration to financing projects that
include more than the non-Government share required under
subsection (g) of this section, the Secretary may also give
consideration to `high,' `medium-high,' or `medium' projects
sponsored by grant applicants and State and local governments
of constrained fiscal capacity in selecting projects for full
funding grant agreements.
[``(i) Preliminary Engineering.--Not more than 8 percent of
the amounts made available in each fiscal year to carry out
this section may be available for preliminary engineering.
[``(j) Undertaking Projects in Advance.--
[``(1) The Secretary may pay the Government's share of the
net capital project cost to a State or local governmental
authority that carries out any part of a project described in
this section without the aid of amounts of the Government and
according to all applicable procedures and requirements if--
[``(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) The cost of carrying out part of a project includes
the amount of interest earned and payable on bonds issued by
the State or local governmental authority to the extent
proceeds of the bonds are expended in carrying out the part.
However, the amount of interest under this paragraph may not
be more than the most favorable interest terms reasonably
available for the project at the time of borrowing. The
applicant shall certify, in a manner satisfactory to the
Secretary, that the applicant has shown reasonable diligence
in seeking the most favorable financial terms.
[``(3) The Secretary shall consider changes in capital
project cost indices when determining the estimated cost
under paragraph (2) of this subsection.
[``(k) Use of Deobligated Amounts.--An amount available
under this section that is deobligated may be used for any
purpose under this section.
[``(l) Reports.--
[``(1) Not later than the first Monday in February of each
year, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate, as well as the Subcommittee on
Transportation of the Committees on Appropriations of both
Houses, a report that may include--
[``(A) an allocation of amounts to be available to finance
grants for capital investment projects among applicants for
these amounts;
[``(B) an assessment of projects for funding based on the
evaluations and ratings and on existing commitments and
anticipated funding levels for the next 3 fiscal years; and
[``(C) detailed ratings and evaluations on each project
listed.
[``(2) The Secretary shall submit a report to Congress on
the first Monday in February, the first Monday in June, and
the first Monday in October each year that includes--
[``(A) a summary of the ratings of all applicant's capital
investment projects;
[``(B) detailed ratings and evaluations on each applicant
project with significant changes to the finance or project
proposal or has completed alternatives or preliminary
engineering since the date of the last report; and
[``(C) all relevant information that support the evaluation
and rating of each updated project, including a summary of
each updated project's financial plan.
[``(m) Project Defined.--In this section, the term `major
capital investment project' with respect to a new fixed
guideway system or extension to an existing fixed guideway
system, means a minimum operable segment of the project.''.
[SEC. 3013. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
DEPLOYMENT PROJECTS.
[(a) In General.--Section 5312 is amended--
[(1) in subsection (a)--
[(A) by striking ``or contracts'' and inserting ``,
contracts, cooperative agreements, or other transactions'';
[(B) by striking ``help reduce urban transportation
needs,'';
[(C) by striking ``urban'' each place it appears; and
[(D) by striking ``and demonstration projects related'' 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 (b) and
(c), respectively.
[(4) in subsection (b)(2), as redesignated, by striking
``other agreements'' and inserting ``other transactions'';
[(5) in subsection (b)(3), as redesignated, by striking
``50'' and inserting ``80'';
[(6) in subsection (b)(4), by adding the following sentence
at the end: ``The evaluation criteria shall include
consideration of a share of consortium contributions to the
overall research costs.'';
[(7) in subsection (c)(2), as redesignated, by striking
``and'' and inserting ``or'' before ``private''; and
[(8) in subsections (b)(5) and (c)(3), as redesignated, by
striking ``within the Mass Transit Account of the Highway
Trust Fund''.
[(b) Conforming Amendments.--
[(1) Section 5312 is amended by striking the section
heading and inserting the following:
[``Sec. 5312. Research, development, demonstration, and
deployment projects''.
[(2) The item relating to section 5312 in the table of
sections is amended to read as follows:
[``Sec. 5312. Research, development, demonstration, and deployment
projects.''.
[SEC. 3014. COOPERATIVE RESEARCH GRANT PROGRAM.
[(a) In General.--Section 5313 is amended--
[(1) in subsection (a) by--
[(A) striking ``(1)'';
[(B) striking ``paragraphs (1) and (2)(C)(ii) of section
5338(d) and inserting ``5338(a)(2)(F)(iii)(I) and (III)'';
and
[(C) striking ``(2)'' and inserting ``(b) Federal
Assistance.--'';
[(2) by striking subsection (b); and
[(3) in subsection (c), by striking ``subsection (a) of''.
[(b) Conforming Amendments.--
[(1) Section 5313 is amended by striking the section
heading and inserting the following:
[``Sec. 5313. Cooperative research program''.
[(2) The item relating to section 5313 in the table of
sections is amended to read as follows:
[``5313. Cooperative research program.''.
[SEC. 3015. NATIONAL RESEARCH PROGRAMS.
[(a) In General.--Section 5314 is amended--
[(1) in the section heading, by striking ``planning and'';
[(2) in subsection (a)(1), by--
[(A) striking ``subsections (d) and (h)(7) of section
5338'' and inserting ``section 5338(a)(2)(F)'';
[(B) striking ``and contracts'' and inserting ``,
contracts, cooperative agreements, or other transactions'';
and
[(C) striking ``5317,'';
[(3) in the first sentence of subsection (a)(3), by
striking all that follows ``chapter'';
[(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 in the first sentence, and inserting ``,
contract, cooperative agreement, or other transaction under
subsection (a) of this section or section 5312.''
[(b) Conforming Amendments.--The item relating to section
5314 in the table of sections is amended to read as follows:
[``5314. National research programs.''.
[SEC. 3016. NATIONAL TRANSIT INSTITUTE.
[Section 5315 is amended--
[(1) in subsection (a)--
[(A) by striking ``public mass transportation'' and
inserting ``public transportation'' each place it appears;
[(B) by striking ``mass'' after ``Government-aid'' and
inserting ``public''; and
[(C) in paragraphs (1), (6), (7), and (10) by striking
``mass'' each place it appears before ``transportation'' and
inserting ``public'';
[ (2) by striking subsection (b);
[(3) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively; and
[(4) in subsection (c), as redesignated, by striking
``mass'' each place it appears.
[SEC. 3017. BUS TESTING FACILITY.
[Section 5318 is amended--
[(1) by revising subsection (a) to read as follows:
[``(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 ``section
5309(m)(1)(C)'' and inserting section 5338(a)(2)(I); and
[(3) by revising subsection (e) to read as follows:
[``(e) Acquiring New Bus Models.--Amounts appropriated or
made available under this chapter may be obligated or
expended to acquire a new bus model only if a bus of that
model has been tested at the facility maintained by the
Secretary under subsection (a).''.
[SEC. 3018. BICYCLE FACILITIES.
[Section 5319 is amended by striking ``5309(h),'' and
inserting `` 5309(g),''.
[SEC. 3019. SUSPENDED LIGHT RAIL TECHNOLOGY PILOT PROJECT.
[Section 5320 is repealed.
[SEC. 3020. GENERAL PROVISIONS ON ASSISTANCE.
[Section 5323 is amended--
[(1) In paragraph (a)(1) by--
[(A) striking ``private mass transportation company'' each
place it appears and inserting ``private company engaged in
public transportation'';
[(B) striking ``mass transportation equipment or a mass
transportation facility'' and inserting ``a public
transportation facility or equipment''; and
[(C) striking ``mass transportation company'' and inserting
``public transportation company'';
[[Page S431]]
[(2) in subsection (a)(1)(B), by striking ``private mass
transportation companies'' and inserting ``private companies
engaged in public transportation'';
[(3) in subsection (b)--
[(A) in paragraph (1)--
[(i) by striking ``or loan''; and
[(ii) by striking ``a certificate of the applicant'' and
inserting ``in the environmental record for the project
evidence''; and
[(B) in subparagraph (A) of paragraph (1), by striking ``a
public hearing with adequate prior notice'' and inserting
``public review and comment on the project''
[(C) by amending subparagraph (B) of paragraph (1) to read
as follows:
[``(B) held a public hearing on the project if it affects
significant economic, social, or environmental interests;'';
[(4) in paragraph (2), by striking the last sentence;
[(5) by revising subsection (c) to read as follows:
[``(c) New Technology.--A grant for financial assistance
under this chapter for new technology, including innovative
or improved products, techniques, or methods is subject to
the requirements of section 5309 of this title to the extent
the Secretary considers appropriate.'';
[(6) in subsection (d)--
[(A) by revising paragraph (2) to read as follows:
[``(2) The Secretary may waive paragraph (1) of this
subsection if the Secretary finds that the provision of
intercity charter bus transportation service by the
applicant, governmental authority, or publicly owned operator
is necessary to meet the transportation needs of the elderly
and individuals with disabilities.''; and
[(B) by adding at the end the following paragraph:
[``(3) On receiving a complaint about a violation of the
agreement required under paragraph (1), the Secretary shall
investigate and decide whether a violation has occurred. If
the Secretary decides that a violation has occurred, the
Secretary shall correct the violation under terms of the
agreement. In addition to any remedy specified in the
agreement, the Secretary shall bar a recipient or an operator
from receiving Federal transit assistance in an amount the
Secretary deems appropriate.'';
[(7) by striking subsection (e);
[(8) by redesignating subsection (f) as (e);
[(9) in subsection (e), as redesignated--
[(A) by revising paragraph (2) to read as follows:
[``(2) The Secretary may waive paragraph (1) of this
subsection if the Secretary finds that the provision of
schoolbus transportation by the applicant, governmental
authority, or publicly owned operator is necessary to meet
the transportation needs of students with disabilities.'';
and
[(B) by adding at the end the following paragraph:
[``(3) If the Secretary finds that an applicant,
governmental authority, or publicly owned operator has
violated the agreement required under paragraph (1) of this
subsection, the Secretary shall bar a recipient or an
operator from receiving Federal transit assistance in an
amount the Secretary deems appropriate.'';
[(10) by revising subsection (f) to read as follows:
[``(f) Bond Proceeds Eligible for Local Share.--
[``(1) Notwithstanding any other provision of law, a
recipient of assistance under sections 5307 or 5309 of this
chapter, may use the proceeds from the issuance of revenue
bonds as part of the local matching funds for a capital
project.
[``(2) The Secretary may reimburse an eligible recipient
for deposits of bond proceeds in a debt service reserve that
recipient established pursuant to section 5302(a)(1a)(K) of
this title from amounts made available to the recipient under
sections 5307 or 5309 of this title.'';
[(11) in subsection (g), by--
[(A) striking ``(f)'' and inserting ``(e)'';
[(B) striking ``103(e)(4) and'' in the first and second
sentence and inserting ``133''; and
[(C) striking (f)(1)(C) and inserting ``(e)(1)(C)'';
[(12) by revising subsection (h) to read as follows:
[``(h) Transfer of Lands or Interests in Lands Owned by the
United States.--
[``(1) If the Secretary determines that any part of the
lands or interests in lands owned by the United States and
made available as a result of a military base closure is
necessary for transit purposes eligible under this chapter,
including corridor preservation, the Secretary shall file
with the Secretary of the Department supervising the
administration of such lands or interests in lands a map
showing the portion of such lands or interests in lands which
is desired to be transferred for public transportation
purposes.
[``(2) If within four months after such filing, the
Secretary of such Department shall not have certified to the
Secretary that the proposed appropriation of such land is
contrary to the public interest or inconsistent with the
purposes for which such land has been reserved, or shall have
agreed to the appropriation and transfer under conditions
which the Secretary of such Department deems necessary for
the adequate protection and utilization of the reserve, then
such land and materials may be appropriated and transferred
to a State, or local government, or public transportation
operator for such purposes and subject to the conditions so
specified.
[``(3) If at any time such lands are no longer needed for
public transportation purposes, notice shall be given by the
State, or local government, or public transportation operator
that received the land, to the Secretary, and such lands
shall immediately revert to the control of the Secretary of
the Department from which the land was originally
transferred.'';
[(13) in subsection (j)--
[(A) by revising paragraph (1) to read as follows:
[``(1)(A) The Secretary may obligate an amount that may be
appropriated to carry out this chapter for a project only if
the steel, iron, rolling stock, and components and
subcomponents of the rolling stock used in the project are
produced in the United States.
[``(B) When procuring rolling stock (including train
control, communication, and traction power equipment) under
this chapter--
[``(i) the cost of components and subcomponents produced in
the United States shall be more than 60 percent of the cost
of all components of the rolling stock; and
[``(ii) final assembly of the rolling stock shall occur in
the United States.
[``(C) In this subsection, labor costs involved in final
assembly are not included in calculating the cost of
components.'';
[(B) in paragraph (2)(B)--
[(i) by striking ``and goods'' and inserting ``rolling
stock, and the components and subcomponents of rolling
stock''; and
[(ii) by adding ``or'' at the end;
[(C) by striking paragraph (2)(C);
[(D) by redesignating paragraph (2)(D) as paragraph (2)(C);
[(E) by striking paragraph (3) and redesignating paragraphs
(4), (5), (6), and (7) as paragraphs (3), (4), (5), and (6),
respectively;
[(F) in paragraph (4), as redesignated, by striking
``Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240, 105 Stat. 1914'' and inserting ``Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2003'';
[(14) by revising subsection (l) to read as follows:
[``(l) Relationship to Other Laws.--Section 1001 of title
18, U.S.C., applies to a certificate, submission, or
statement provided under this chapter. The Secretary may
terminate financial assistance under this chapter and seek
reimbursement directly, or by offsetting amounts, available
under this chapter, when a false or fraudulent statement or
related act within the meaning of section 1001 is made in
connection with a Federal transit program.'';
[(15) in subsection (m), by inserting at the end the
following: ``Requirements to perform preaward and
postdelivery reviews of rolling stock purchases to ensure
compliance with subsection (j) of this section do not apply
to private nonprofit organizations or to grantees serving
areas with fewer than one million people.'';
[(16) in subsection (o) by striking ``the Transportation
Infrastructure Finance and Innovation Act of 1998'' and
inserting ``23 U.S.C. 188''.
[SEC. 3021. SPECIAL PROVISIONS FOR CAPITAL PROJECTS.
[(a) In General.--Section 5324 is amended to read as
follows:
[Sec. 5324. Special provisions for capital projects
[``(a) Real Property and Relocation Services.--Whenever
real property is acquired and furnished as a required
contribution incident to a project, the Secretary may not
approve the application for financial assistance unless the
applicant has made all payments and provided all assistance
and assurances as are required of a State agency under
Sections 210 and 305 of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act, as amended (Uniform
Act). The Secretary must be advised of specific references to
any State law that are believed to be an exception to
Sections 301 or 302 of the Uniform Act.
[``(b) Advance Real Property Acquisitions.--
[``(1) The Secretary may participate in the acquisition of
real property prior to completion of the environmental
reviews for any project that may use the property if the
Secretary determines that external market forces are
jeopardizing the potential use of the property for the
project, given any of the following conditions--
[``(A) there are offers on the open real estate market to
convey that property for a use or uses incompatible with the
project under study;
[``(B) there is an imminent threat of development or
redevelopment of the property for use or uses incompatible
with the project under study;
[``(C) recent appraisals reflect a rapid increase in the
fair market value of the property;
[``(D) the property, because it is located near an existing
transportation facility, is likely to be developed, but also
likely to be needed for a future transportation improvement;
or
[``(E) the property owner can demonstrate that, for health,
safety, or financial reasons, retaining ownership of the
property poses an undue hardship on the owner in comparison
to other affected property owners and requests the
acquisition to alleviate that hardship.
[``(2) Property acquired in accordance with this subsection
may not be developed in anticipation of the project until the
Secretary
[[Page S432]]
has complied with the National Environmental Policy Act and
the applicable provisions of the Department of Transportation
Act for protection of publicly owned park lands, wildlife and
waterfowl refuges, and historic sites.
[``(3) The Secretary shall limit the size and number of
properties acquired in accordance with this subsection as
necessary to avoid any prejudice to the Secretary's objective
evaluation of project alternatives.
[``(4) An acquisition undertaken pursuant to this section
shall be considered to be an exempt project under section 176
of the Clear Air Act and its implementing regulations.
[``(c) Railroad Corridor Preservation.--
[``(1) The Secretary may assist an applicant in the
acquisition of a pre-existing railroad right-of-way prior to
completion of the environmental reviews for any project that
may use the right-of-way if the acquisition is otherwise
permitted under Federal law; furthermore, the Secretary may
establish restrictions on such an acquisition as the
Secretary deems necessary and appropriate.
[``(2) Railroad right-of-way acquired in accordance with
this subsection may not be developed in anticipation of the
project until the Secretary has complied with the National
Environmental Policy Act and the applicable provisions of the
Department of Transportation Act for protection of publicly
owned park lands, wildlife and waterfowl refuges, and
historic sites.
[``(d) Consideration of Economic, Social, and Environmental
Interests.--
[``(1) In carrying out section 5301(e) of this chapter, the
Secretary shall cooperate and consult with the Secretaries of
the Interior, Housing and Urban Development, and the
Administrator of the Environmental Protection Agency on each
project that may have a substantial impact on the
environment.
[``(2) In performing environmental reviews, the Secretary
shall consider the public comments on a project submitted
under section 5323(b) of this title and ensure that an
adequate opportunity to present views was given to all
parties having a significant economic, social, or
environmental interest in the project, and that the project
application includes a record of--
[``(A) the environmental impact of the proposal;
[``(B) adverse environmental effects that cannot be
avoided;
[``(C) alternatives to the proposal; and
[``(D) irreversible and irretrievable impacts on the
environment.
[``(3)(A) The Secretary may approve an application for
financial assistance for a capital project in accordance with
this chapter only if the Secretary makes written findings,
after reviewing the environmental record included with the
project application, that--
[``(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) The Secretary's findings under subparagraph (A) of
this paragraph shall be made a matter of public record.''.
[(b) Conforming Amendment.--The item relating to section
5324 in the table of sections for chapter 53 is amended to
read as follows:
[``5324. Special provisions for capital projects.''.
[SEC. 3022. CONTRACT REQUIREMENTS.
[(a) In General.--Section 5325 is amended--
[(1) by revising subsection (a) to read as follows:
[``(a) Competition.--Recipients of Federal assistance under
this chapter shall conduct all procurement transactions in a
manner providing full and open competition as determined by
the Secretary.'';
[(2) by revising subsection (b) to read as follows:
[``(b) Architectural, Engineering, and Design Contracts.--A
contract or requirement for program management, architectural
engineering, construction management, a feasibility study,
and preliminary engineering, design, architectural,
engineering, surveying, mapping, or related services for a
project for which Federal assistance is provided under
this chapter shall be awarded in the same way as a
contract for architectural and engineering services is
negotiated under chapter 11 of title 40, U.S.C., or an
equivalent qualifications-based requirement of a State.
This subsection does not apply to the extent a State has
adopted or adopts by law a formal procedure for procuring
those services. When awarding such contracts, recipients
of assistance under this chapter shall maximize
efficiencies of administration by accepting non-disputed
audits conducted by other governmental agencies as
follows:
[``(1) Any contract or subcontract awarded under this
chapter shall be performed and audited in compliance with
cost principles contained in the Federal Acquisition
Regulation, part 31 of title 48, Code of Federal Regulations.
[``(2) Instead of performing its own audits, a recipient of
funds under a contract or subcontract awarded under this
chapter shall accept indirect cost rates established in
accordance with the Federal Acquisition Regulations for one-
year applicable accounting periods by a cognizant Federal or
State government agency, if such rates are not currently
under dispute.
[``(3) Once a firm's indirect cost rates are accepted under
this paragraph, the recipient of the funds shall apply such
rates for the purposes of contract estimation, negotiation,
administration, reporting, and contract payment, and shall
not be limited by administrative or de facto ceilings.
[``(4) A recipient of funds requesting or using the cost
and rate data described in paragraph (3) shall notify any
affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in
whole or in part by the group of agencies sharing cost data
under this paragraph, except by written permission of the
audited firm. If prohibited by law, such cost and rate data
shall not be disclosed under any circumstances.'';
[(3) by inserting new subsections (d) through (h), after
subsection (c), to read as follows:
[``(d) Design-Build System Projects.--
[``(1) `design-build system project' means a project under
which a recipient enters into a contract with a seller, firm,
or consortium of firms to design and build a public
transportation system or an operable segment thereof that
meets specific performance criteria. Such project may also
include an option to finance, or operate for a period of
time, the system or segment or any combination of designing,
building, operating, or maintaining such system or segment.
[``(2) Government financial assistance under this chapter
may be made available for the capital costs of a design-build
system project after the recipient complies with Government
requirements.
[``(e) Multiyear Rolling Stock.--
[``(1) A recipient procuring rolling stock with Government
financial assistance under this chapter may make a multiyear
contract, including options, to buy not more than 5 years of
requirements for rolling stock and replacement parts.
[``(2) The Secretary shall allow a recipient to act on a
cooperative basis to procure rolling stock in compliance with
this subsection and other Government procurement
requirements.
[``(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 and the Comptroller General, or any of their
representatives, shall have access to and the right to
examine and inspect all records, documents, papers, including
contracts, related to a projects for which a grant is made
under this chapter.
[``(h) Grant Prohibitions.---A grant may not be used to
support a procurement that uses an exclusionary or
discriminatory specification.''.
[(b) Conforming Amendments.--Chapter 53 of title 49, United
States Code, is amended by--
[(1) repealing section 5326; and
[(2) striking ``5326. Special Procurements.'' in the table
of sections for chapter 53.
[SEC. 3023. HUMAN RESOURCE PROGRAMS.
[(a) In General.--Section 5322 is amended--
[(1) by inserting ``(a) In General.--'' before the
beginning of the first sentence of the section; and
[(2) by adding the following at the end:
[``(b) Grants to Higher Learning Institutions.--
[``(1) The Secretary (or the Secretary of Housing and Urban
Development when required by section 5334(i) of this title)
may make grants to nonprofit institutions of higher
learning--
[``(A) to conduct competent research and investigations
into the theoretical or practical problems of urban
transportation; and
[``(B) to train individuals to conduct further research or
obtain employment in an organization that plans, builds,
operates, or manages an urban transportation system.
[``(2) Research and investigations under this subsection
include--
[``(A) the design and use of urban public transportation
systems and urban roads and highways;
[``(B) the interrelationship between various modes of urban
and interurban transportation;
[``(C) the role of transportation planning in overall urban
planning;
[``(D) public preferences in transportation;
[``(E) the economic allocation of transportation resources;
and
[``(F) the legal, financial, engineering, and esthetic
aspects of urban transportation.
[``(3) When making a grant under this subsection, the
Secretary shall give preference to an institution that brings
together knowledge and expertise in the various social
science and technical disciplines related to urban
transportation problems.
[``(c) Fellowships.--
[``(1) The Secretary may make grants to States, local
governmental authorities, and operators of public
transportation systems to provide fellowships to train
personnel employed in managerial, technical, and professional
positions in the mass transportation field.
[[Page S433]]
[``(2) A fellowship under this subsection may be for not
more than one year of training in an institution that offers
a program applicable to the public transportation industry.
The recipient of the grant shall select an individual on the
basis of demonstrated ability and for the contribution the
individual reasonably can be expected to make to an efficient
public transportation operation. A grant for a fellowship may
not be more than the lesser of $65,000 or 75 percent of--
[``(A) tuition and other charges to the fellowship
recipient;
[``(B) additional costs incurred by the training
institution and billed to the grant recipient; and
[``(C) the regular salary of the fellowship recipient for
the period of the fellowship to the extent the salary is
actually paid or reimbursed by the grant recipient.
[``(d) Other Grants.--The Secretary may make grants to
State and local governmental authorities for projects that
will use innovative techniques and methods in managing and
providing public transportation.''.
[SEC. 3024. 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) in paragraph 12, by striking the ``.'' and inserting
``; and''; and
[(3) by adding after paragraph (12) the following:
[``(13) safety and security management.''.
[(b) Limitations on Use of Available Amounts.--Section
5327(c) is amended--
[(1) in paragraph (1)--
[(A) by striking ``.5'' and inserting ``1'';
[(B) by striking ``5307, 5309, or 5311 of this title, an
interstate transfer mass transportation project under section
103(e)(4) of title 23 as in effect on September 30, 1991,''
and inserting ``5307-5311, 5316, or 5317 of this title,'';
[(C) by striking ``to make a contract'';
[(D) by striking ``a major project'' and inserting ``major
projects''; and
[(E) by striking ``section 5307, 5309, 5311, or 103(e)(4)''
and inserting ``sections 5307-5311, 5316, 5317,'';
[(2) in paragraph (2), by inserting ``and security'' after
``safety''; and
[(3) by redesignating paragraph (3) as (4) and inserting a
new paragraph (3), as follows:
[``(3) The Secretary shall deduct a sum in an amount that
the Secretary determines necessary to administer this section
from the amounts made available under paragraph (1) of this
subsection. These funds shall be in addition to any other
funds made available for these purposes, and shall remain
available until expended.''.
[SEC. 3025. PROJECT REVIEW.
[Section 5328 is repealed.
[SEC. 3026. INVESTIGATIONS OF SAFETY AND SECURITY RISK.
[(a) In General.--Section 5329 is amended to read as
follows:
[``Sec. 5329. Investigation of safety and security risks
[``The Secretary may conduct investigations into safety and
security risks associated with a condition in equipment, a
facility, or an operation financed under this chapter to
establish the nature and extent of the condition and how to
eliminate, mitigate, or correct it. If the Secretary
establishes that a safety or security risk warrants further
protective measures, the Secretary shall require the local
governmental authority receiving amounts under this chapter
to submit a plan for eliminating, mitigating, or correcting
it. Any such plan relating to security risks shall be
developed in consultation with the Secretary of Homeland
Security. Financial assistance under this chapter, in an
amount to be determined by the Secretary, may be withheld
until a plan is approved and carried out.''.
[(b) Conforming Amendment.--The item relating to section
5329 in the table of sections for chapter 53 is amended to
read as follows:
[``5329. Investigation of safety and security risks.''.
[SEC. 3027. STATE SAFETY OVERSIGHT.
[(a) In General.--Section 5330 is amended--
[(1) by striking the heading ``Withholding Amounts for
Noncompliance with Safety Requirements'' and inserting
``State Safety Oversight'';
[(2) in subsection (a), by striking the text and inserting
the following ``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 subjected to
regulation by the Federal Railroad Administration.'';
[(3) in subsection (d) by inserting ``shall ensure uniform
safety standards and enforcement and'' after ``affected
States''; and
[(4) by striking subsection (f).
[(b) Conforming Amendment.--The item relating to section
5330 in the table of sections for chapter 53 is amended to
read as follows:
[``5330. State safety oversight.''.
[SEC. 3028. SENSITIVE SECURITY INFORMATION.
[Section 40119(b) is amended--
[(1) in paragraph (1)(C) by striking ``transportation
safety'' and inserting ``the safety of transportation
facilities or infrastructure, or transportation employees'';
and
[(2) by adding at the end a new paragraph (3), to read as
follows:
[``(3) A State or local government may not enact, enforce,
prescribe, issue, or continue in effect any law, regulation,
standard, or order to the extent it is inconsistent with
this section or regulations prescribed under this
section.''.
[SEC. 3029. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE
AGAINST PUBLIC TRANSPORTATION SYSTEMS.
[(a) In General.--Section 1993 of title 18, U.S.C., is
amended--
[(1) by striking ``mass'' in each place it appears before
``transportation'' and inserting ``public'';
[(2) in subsection (a)(5), by inserting ``controlling,''
after ``operating''; and
[(3) in subsection (c)(5), by striking ``5302(a)(7)'' and
inserting ``5302(a)''.
[(b) Conforming Amendment.--The item related to section
1993 in the table of contents for chapter 97 of title 18,
U.S.C. is amended to read as follows:
[``1993. Terrorist attacks and other acts of violence against public
transportation systems.''.
[SEC. 3030. CONTROLLED SUBSTANCES AND ALCOHOL MISUSE TESTING.
[(a) Definitions.--Section 5331(a)(3) is amended by
inserting after ``title'' the following: ``, or sections
2303a, 7101(i), 7302(e) of title 46, United States Code. The
Secretary may also decide that a form of public
transportation is covered adequately, for employee alcohol
and controlled substances testing purposes, under the alcohol
and controlled substance statutes or regulations of an agency
within the Department of Transportation or other Federal
agency.''.
[(b) Regulations.--Section 5331(f) is amended by striking
paragraph (3).
[SEC. 3031. 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 ``5316-5318, 5323(a)(1), (b),
and (c), 5337, and 5338(b)(3)(C)''.
[SEC. 3032. 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 inserting after paragraph (10) the following:
[``(11) issue regulations as necessary to carry out the
purposes of this chapter.'';
[(2) by redesignating subsections (b), (c), (d), (e), (f),
(g), (h), (i), and (j) as subsections (c), (d), (e), (f),
(g), (h), (i), (j), and (k);
[(3) by adding a new subsection (b) after subsection (a),
to read as follows:
[``(b) Prohibitions Against Regulating Operations and
Charges.--Except as directed by the President for purposes of
national defense or in the event of a national or regional
emergency, the Secretary may not regulate the operation,
routes, or schedules of a public transportation system for
which a grant is made under this chapter, nor may the
Secretary regulate the rates, fares, tolls, rentals, or other
charges prescribed by any public or private transportation
provider; provided, however, that nothing in this subsection
shall prevent the Secretary from requiring a recipient of
funds under this chapter to comply with the terms and
conditions of its Federal assistance agreement.''; and
[(4) in subsection (j)(1), as redesignated,
[(A) by striking ``carry'' and inserting ``advise and
assist the Secretary in carrying''; and
[(B) by striking ``and (b)(1)'' and insert ``5322(b)(1)''.
[SEC. 3033. REPORTS AND AUDITS.
[Section 5335 is amended--
[(1) in subsection (a), by--
[(A) striking ``(1)''; and
[(B) striking ``(2)'' and inserting ``(b) Reporting and
Uniform Systems.--''; and
[(2) by striking subsection (b).
[SEC. 3034. APPORTIONMENTS OF APPROPRIATIONS FOR FORMULA
GRANTS.
[(a) In General.--Section 5336 is amended by--
[(1) striking subsection (d);
[(2) striking subsection (k);
[(3) redesignating subsections (a) through (c) as
subsections (b) through (d), respectively; and
[(4) adding a new subsection (a) as follows:
[``(a) Apportionment of Allocations.--Of the amounts
allocated under section 5338(a)(2)(P) of this title--
[``(1) the following percentages shall be apportioned to
each urbanized area in accordance with subsection (k) of this
section:
[``(A) One percent in fiscal year 2004.
[``(B) Three percent in fiscal year 2005.
[``(C) Five percent in fiscal year 2006.
[``(D) Seven percent in fiscal year 2007.
[``(E) Nine percent in fiscal year 2008.
[``(F) Ten percent in every fiscal year thereafter.
[``(2) the remaining portion shall be apportioned to each
urbanized area in accordance with subsections (b) through (d)
of this section.''.
[(b) Based on Urbanized Area Population.--Subsection (b),
as redesignated, is amended--
[(1) by striking ``Of the amount made available or
appropriated under section 5338(a) of this title'' and
inserting ``Of the amount to be apportioned under subsection
(a)(2) of this section''; and
[[Page S434]]
[(2) in paragraph (2), by striking ``subsections (b) and
(c)'' and inserting ``subsections (c) and (d)''.
[(c) Based on Fixed Guideway Revenue Vehicle-Miles, Route-
Miles, and Passenger-Miles.--Subsection (c)(2), as
redesignated, is amended by striking ``subsection (a)(2)''
and inserting ``subsection (b)(2)''.
[(d) Based on Bus Revenue Vehicle-Miles and Passenger-
Miles.--Subsection (d), as redesignated, is amended by
striking ``subsection (a)(2)'' and inserting ``subsection
(b)(2)''.
[(e) Date of Apportionment.--Subsection (e)(1) is amended
by striking ``subsections (a) and (h)(2) of section 5338''
and inserting ``section 5338(a)(2)(P)''.
[(f) Transfers of Apportionments.--Subsection (g) is
amended by striking ``subsection (a)(1)'' and inserting
``subsection (b)(1)'' each time it appears.
[(g) Apportionment Based on Incentive Factors.--Section
5336 is amended by adding a new subsection (k) as follows:
[``(k) Apportionment Based on Incentive Factors.--
[``(1) Of the amounts apportioned under subsection (a)(1)
of this section, the Secretary may use the following amounts
to make grants to establish data collection systems capable
of collecting the data in paragraph (3) of this subsection:
[``(A) $25,000,000 in fiscal year 2004.
[``(B) $15,000,000 in fiscal year 2005.
[``(C) $5,000,000 in fiscal year 2006.
[``(2) Amounts under paragraph (1) of this subsection not
obligated within three years following the end of the fiscal
year in which those amounts became available shall be
available for apportionment under paragraph (3) of this
subsection.
[``(3) The remaining amounts to be apportioned under
subsection (a)(1) of this section shall be apportioned by a
formula determined by the Secretary that distributes funds
based on increases in public transportation patronage.
[``(4) In apportioning funds under this subsection, the
Secretary may consider the efficiency of service provision in
the urbanized area.
[``(5) The Secretary shall not apportion any amounts under
this subsection to an urbanized area that experiences a
significant decline, as determined by the Secretary, in
public transportation patronage by elderly individuals,
individuals with disabilities, or low income persons.''.
[SEC. 3035. APPORTIONMENTS BASED ON FIXED GUIDEWAY FACTORS.
[(a) Section Heading.--Section 5337 is amended by striking
the section heading and inserting the following:
[``Sec. 5337. Apportionment based on fixed guideway
factors''.
[(b) Distribution.--The text of subsection 5337(a) before
the first colon is amended to read as follows: ``Amounts made
available under section 5338(a)(2)(N) of this title are
apportioned as follows:''.
[(c) In General.--Section 5337 is amended by--
[(1) striking ``section 5336(b)(2)(A)'' each place it
appears and inserting ``section 5336(c)(2)(A)'';
[(2) striking subsection (e); and
[(3) redesignating subsection (f) as subsection (e).
[(d) 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. 3036. AUTHORIZATIONS.
[The text of section 5338 is amended to read as follows:
[``(a) Formula Grants and Research.--
[``(1) There shall be available from the Mass Transit
Account of the Highway Trust Fund to carry out sections 5305,
5307, 5308, 5310-5318, 5322, 5335, 5505, and 5570-5575 of
this title, and section 3038 of Public Law 105-178--
[``(A) $5,615,406,000 for fiscal year 2004;
[``(B) $5,727,714,000 for fiscal year 2005;
[``(C) $5,846,851,000 for fiscal year 2006;
[``(D) $5,978,405,000 for fiscal year 2007;
[``(E) $6,126,071,000 for fiscal year 2008; and
[``(F) $6,274,935,000 for fiscal year 2009.
[``(2) Of the aggregate of amounts made available under
this subsection for a fiscal year,
[``(A) 1.25 percent shall be available to carry out section
5305 in the fiscal year 2004;
[``(B) 2 percent shall be available to carry out section
5305 in fiscal years 2005 through 2009;
[``(C) the following amounts shall be available to carry
out section 5335--
[``(i) $3,500,000 in fiscal year 2004;
[``(ii) $3,700,000 in fiscal year 2005;
[``(iii) $3,900,000 in fiscal year 2006;
[``(iv) $4,100,000 in fiscal year 2007;
[``(v) $4,300,000 in fiscal year 2008; and
[``(vi) $4,500,000 in fiscal year 2009;
[``(D) $4,849,950 shall be available for grants to the
Alaska Railroad for improvements to its passenger operations
in lieu of receiving an apportionment under section 5336 of
this title;
[``(E) $6,950,000 shall be available to carry out section
3038 of the Transportation Equity Act for the 21st Century,
as amended;
[``(F) the following amounts shall be available to carry
out transit cooperative research programs under section 5313,
the National Transit Institute under section 5315, and
national research programs under sections 5312, 5313, 5314,
and 5322:
[``(i) $43,750,000 in fiscal year 2004;
[``(ii) 0.779 percent in fiscal years 2005 through 2009;
and
[``(iii) Of the amount made available by this paragraph:
[``(I) 18.85 percent shall be available for carrying out
transit cooperative research programs under section 5313;
[``(II) 9.14 percent shall be available to carry out
programs under the National Transit Institute under section
5315, including not more than $1,000,000 shall be available
to carry out section 5315(a)(16); and ------
[``(III) the remainder shall be available for carrying out
national research programs under sections 5312, 5313, 5314,
and 5322;
[``(G) $30,000,000 shall be available to carry out section
5316 for each fiscal year 2005 through 2009, based on need
and supported by transportation financial feasibility studies
and planning analyses;
[``(H) the following amounts shall be available for the New
Freedom program under section 5317 of this title:
[``(i) $145,000,000 in fiscal year 2004; and
[``(ii) 2.582 percent in fiscal years 2005 through 2009;
[``(I) the following amounts shall be available to carry
out section 5318:
[``(i) $3,000,000 in fiscal year 2004; and
[``(ii) 0.061 percent in fiscal years 2005 through 2009;
[``(J) $6,000,000 shall be available to carry out section
5505 of this title;
[``(K) 6.4 percent shall be available to provide financial
assistance for other than urbanized areas under section 5311;
[``(L) 1.55 percent shall be available to provide financial
assistance for services for elderly persons and persons with
disabilities under section 5310;
[``(M) the following amounts shall be available to provide
financial assistance for job access and reverse commute
projects under section 5308:
[``(i) $150,000,000 in fiscal year 2004; and
[``(ii) 2.671 percent in fiscal years 2005 through 2009;
[``(N) the following amounts shall be available to provide
financial assistance for urbanized areas under section 5307
and apportioned in accordance with section 5337:
[``(i) $1,214,400,000 in fiscal year 2004; and
[``(ii) 21.626 percent in fiscal years 2005 through 2009;
and
[``(O) $75,000,000 shall be available to carry out sections
5570 through 5575 in fiscal years 2005 through 2009.
[``(P) The remaining amount shall be available to provide
financial assistance for urbanized areas under section 5307
and apportioned in accordance with section 5336.
[``(b) Major Capital Investment Program Grants.--
[``(1) There shall be available from the Mass Transit
Account of the Highway Trust Fund to carry out sections 5305
and 5309--
[``(A) $320,594,000 for fiscal year 2004;
[``(B) $327,006,000 for fiscal year 2005;
[``(C) $333,808,000 for fiscal year 2006;
[``(D) $341,318,000 for fiscal year 2007;
[``(E) $349,749,000 for fiscal year 2008; and
[``(F) $358,248,000 for fiscal year 2009.
[``(2) In addition to amounts made available under
paragraph (1), there are authorized to be appropriated to
carry out sections 5305 and 5309--
[``(A) $1,213,500,000 for fiscal year 2004;
[``(B) $1,236,192,000 for fiscal year 2005;
[``(C) $1,261,287,000 for fiscal year 2006;
[``(D) $1,289,162,000 for fiscal year 2007;
[``(E) $1,321,907,000 for fiscal year 2008; and
[``(F) $1,355,219,000 for fiscal year 2009.
[``(3) Of the amounts made available by and appropriated
under this subsection for a fiscal year,
[``(A) 1.25 percent shall be available to carry out section
5305 in the fiscal year 2004;
[``(B) 2 percent shall be available to carry out section
5305 in fiscal years 2005 through 2009; and
[``(C) the remaining amount shall be available to carry out
Major Capital Investment Grants under section 5309 of this
title.
[``(c) Administration.--There are authorized to be
appropriated to carry out section 5334--
[``(A) $76,500,000 for fiscal year 2004;
[``(B) $77,931,000 for fiscal year 2005;
[``(C) $79,513,000 for fiscal year 2006;
[``(D) $81,270,000 for fiscal year 2007;
[``(E) $83,334,000 for fiscal year 2008; and
[``(F) $85,434,000 for fiscal year 2009.
[``(d) Grants as Contractual Obligations.--
[``(1) A grant or contract approved by the Secretary, that
is financed with amounts made available under subsections
(a), (b)(1), or (e) is a contractual obligation of the United
States Government to pay the Government's share of the cost
of the project.
[``(2) A grant or contract, approved by the Secretary, that
is financed with amounts made available under subsections
(b)(2) or (c) is a contractual obligation of the Government
to pay the Government's share of the cost of the project only
to the extent that amounts are provided in advance in an
appropriations Act.
[``(e) Revenue Aligned Budget Authority.--
[``(1) On October 15 of fiscal year 2006 and each fiscal
year thereafter, the Secretary shall prorate an amount of
funds equal to the amount determined pursuant to section
251(b)(1)(C) of the Balanced Budget and Emergency Deficit
Control Act of 1985 in a portion equal to the amount
available to each Federal transit program for which funds are
available from the Mass Transit Account of the Highway Trust
Fund under subsections (a) and (b) of this section.
[``(2) Authorization of appropriations.--There are
authorized to be appropriated from
[[Page S435]]
the Mass Transit Account of the Highway Trust Fund such sums
as may be necessary to carry out this subsection for fiscal
years beginning after September 30, 2005.
[``(f) Availability of Amounts.--Amounts made available by
or appropriated under subsections (a), (b), and (e) shall
remain available until expended.''.
[SEC. 3037. NATIONAL PARKS AND PUBLIC LANDS LEGACY PROJECT.
[(a) In General.--Chapter 53 is amended by inserting after
section 5315 the following:
[``Sec. 5316. National parks and public lands Legacy Project
[``(a) In General.--
[``(1) The Secretary of Transportation, in consultation
with the Secretary of the Interior, may make a grant or enter
into a contract, cooperative agreement, interagency
agreement, intra-agency agreement, or other transaction to
carry out a qualified project under this section to enhance
the protection of America's National Parks and public lands
and increase the enjoyment of those visiting the parks and
public lands by ensuring access to all, including the
disabled, improving conservation and park and public land
opportunities in urban areas through partnering with state
and local governments, and improving park and public land
transportation infrastructure.
[``(2) A grant, cooperative agreement, interagency
agreement, intra-agency agreement, or other transaction for a
qualified project under this section shall be available to
finance the leasing of equipment and facilities for use in
public transportation, subject to any regulation that the
Secretary may prescribe limiting the grant or agreement to
leasing arrangements that are more cost-effective than
purchase or construction.
[``(b) Definitions.--In this section--
[``(1) `eligible area' means any federally owned or managed
park, refuge, or recreational area that is open to the
general public, including--
[``(A) a unit of the National Park System;
[``(B) a unit of the National Wildlife Refuge System;
[``(C) a recreational area managed by the Bureau of Land
Management; and
[``(D) a recreation area managed by the Bureau of
Reclamation.
[``(2) `Federal land management agency' means a Federal
agency that manages an eligible area.
[``(3) `public transportation' means transportation by bus,
rail, or any other publicly or privately owned conveyance
that provides to the public general or special service on a
regular basis, including sightseeing service.
[``(4) `qualified participant' means--
[``(A) a Federal land management agency; or
[``(B) a State, tribal, or local governmental authority
with jurisdiction over land in the vicinity of an eligible
area acting with the consent of the Federal land management
agency, alone or in partnership with a Federal land
management agency or other Governmental or nongovernmental
participant.
[``(5) `qualified project' means a planning or capital
project in or in the vicinity of an eligible area that--
[``(A) is an activity described in section 5302, 5303, or
5304;
[``(B) involves--
[``(i) the purchase of rolling stock that incorporates
clean fuel technology or the replacement of buses of a type
in use on the date of enactment of this section with clean
fuel vehicles; or
[``(ii) the deployment of public transportation vehicles
that introduce innovative technologies or methods;
[``(C) relates to the capital costs of coordinating the
Federal land management agency public transportation systems
with other public transportation systems;
[``(D) provides a nonmotorized transportation system
(including the provision of facilities for pedestrians,
bicycles, and nonmotorized watercraft);
[``(E) provides waterborne access within or in the vicinity
of an eligible area, as appropriate to and consistent with
this section; or
[``(F) is any other public transportation project that--
[``(i) enhances the environment;
[``(ii) prevents or mitigates an adverse impact on a
natural resource;
[``(iii) improves Federal land management agency resource
management;
[``(iv) improves visitor mobility and accessibility and the
visitor experience;
[``(v) reduces congestion and pollution (including noise
pollution and visual pollution); or
[``(vi) conserves a natural, historical, or cultural
resource (excluding rehabilitation or restoration of a non-
transportation facility).
[``(6) `Secretary' means the Secretary of Transportation.
[``(c) Limitation on Use of Available Amounts.--
[``(1) The Secretary, in consultation with the Secretary of
the Interior, may use not more than 10 percent of the amount
made available for a fiscal year under section 5338(a)(2)(G)
to carry out planning, research, and technical assistance
under this section, including the development of technology
appropriate for use in a qualified project.
[``(2) Amounts made available under this subsection are in
addition to amounts otherwise available to the Secretary to
carry out planning, research, and technical assistance under
this title or any other provision of law.
[``(3) No qualified project shall receive more than 12
percent of the total amount made available to carry out this
section under section 5338(a)(2)(G) for any fiscal year.
[``(d) Planning Process.--In undertaking a qualified
project under this section,
[``(1) if the qualified participant is a Federal land
management agency--
[``(A) the Secretary, in cooperation with the Secretary of
the Interior, shall develop transportation planning
procedures that are consistent with--
[``(i) the metropolitan planning provisions under section
5303 of this title;
[``(ii) the statewide planning provisions under section
5304 of this title; and
[``(iii) the public participation requirements under
section 5307(e); and
[``(B) in the case of a qualified project that is at a unit
of the National Park system, the planning process shall be
consistent with the general management plans of the unit of
the National Park system; and
[``(2) if the qualified participant is a State or local
governmental authority, or more than one State or local
governmental authority in more than one State, the qualified
participant shall--
[``(A) comply with the metropolitan planning provisions
under section 5303 of this title;
[``(B) comply with the statewide planning provisions under
section 5304 of this title;
[``(C) comply with the public participation requirements
under section 5307(e) of this title; and
[``(D) consult with the appropriate Federal land management
agency during the planning process.
[``(e) Cost Sharing.--
[``(1) The Secretary, in cooperation with the Secretary of
the Interior, shall establish the share of assistance to be
provided under this section to a qualified participant.
[``(2) In establishing the share of assistance to be
provided under this section, the Secretary shall consider--
[``(A) visitation levels and the revenue derived from user
fees in the eligible area in which the qualified project is
carried out;
[``(B) the extent to which the qualified participant
coordinates with a public transportation authority or private
entity engaged in public transportation;
[``(C) private investment in the qualified project,
including the provision of contract services, joint
development activities, and the use of innovative financing
mechanisms;
[``(D) the clear and direct benefit to the qualified
participant; and
[``(E) any other matters that the Secretary considers
appropriate to carry out this section.
[``(3) Notwithstanding any other provision of law, Federal
funds appropriated to any Federal land management agency may
be counted toward the remainder of the cost of a qualified
project.
[``(f) Selection of Qualified Projects.--
[``(1) The Secretary of the Interior, after consultation
with and in cooperation with the Secretary, shall determine
the final selection and funding of an annual program of
qualified projects in accordance with this section.
[``(2) In determining whether to include a project in the
annual program of qualified projects, the Secretary of the
Interior shall consider--
[``(A) the justification for the qualified project,
including the extent to which the qualified project would
conserve resources, prevent or mitigate adverse impact, and
enhance the environment;
[``(B) the location of the qualified project, to ensure
that the selected qualified projects--
[``(i) are geographically diverse nationwide; and
[``(ii) include qualified projects in eligible areas
located in both urban areas and rural areas;
[``(C) the size of the qualified project, to ensure that
there is a balanced distribution;
[``(D) the historical and cultural significance of a
qualified project;
[``(E) safety;
[``(F) the extent to which the qualified project would-
[``(i) enhance livable communities;
[``(ii) reduce pollution (including noise pollution, air
pollution, and visual pollution);
[``(iii) reduce congestion; and
[``(iv) improve the mobility of people in the most
efficient manner; and
[``(G) any other matters that the Secretary considers
appropriate to carry out this section, including--
[``(i) visitation levels;
[``(ii) the use of innovative financing or joint
development strategies; and
[``(iii) coordination with gateway communities.
[``(g) Qualified Projects Carried Out in Advance.--
[``(1) When a qualified participant carries out any part of
a qualified project without assistance under this section in
accordance with all applicable procedures and requirements,
the Secretary, in consultation with the Secretary of the
Interior, may pay the share of the net capital project cost
of a qualified project if--
[``(A) the qualified participant applies for the payment;
[``(B) the Secretary approves the payment; and
[``(C) before carrying out that part of the qualified
project, the Secretary approves the plans and specifications
in the same manner as plans and specifications are approved
for other projects assisted under this section.
[[Page S436]]
[``(2)(A) The cost of carrying out part of a qualified
project under paragraph (1) includes the amount of interest
earned and payable on bonds issued by a State or local
governmental authority, to the extent that proceeds of the
bond are expended in carrying out that part.
[``(B) The rate of interest under this paragraph may not
exceed the most favorable rate reasonably available for the
qualified project at the time of borrowing.
[``(C) The qualified participant shall certify, in a manner
satisfactory to the Secretary, that the qualified participant
has exercised reasonable diligence in seeking the most
favorable interest rate.
[``(h) Relationship to Other Laws.--
[``(1) A qualified participant under this section is
subject to the requirements of section 5307 of this title to
the extent the Secretary considers appropriate.
[``(2) Section 5333(b) of this title shall apply, provided
that the Secretary of Labor shall utilize a Special Warranty
that provides a fair and equitable arrangement to protect the
interest of employees.
[``(3) The Secretary may waive the applicability of the
Special Warranty under paragraph (B) for private non-profit
subrecipients on a case-by-case basis as the Secretary deems
appropriate
[``(4) A qualified participant under this section is
subject to any other terms, conditions, requirements, and
provisions that the Secretary determines to be appropriate to
carry out this section, including requirements for the
distribution of proceeds on disposition of real property and
equipment resulting from a qualified project assisted under
this section.
[``(5) If the amount of assistance anticipated to be
required for a qualified project under this section is
$75,000,000 or more, the qualified participant shall prepare
a project management plan in accordance with sections 5327(a)
and (b) of this title.
[``(i) Asset Management.--The Secretary, in consultation
with the Secretary of the Interior, may transfer the interest
of the Department of Transportation in, and control over, all
facilities and equipment acquired under this section to a
qualified participant for use and disposition in accordance
with any property management regulations that the Secretary
determines to be appropriate.
[``(j) Coordination of Research and Deployment of New
Technologies.--
[``(1) The Secretary, in cooperation with the Secretary of
the Interior, may undertake, or make grants, cooperative
agreements, contracts (including agreements with departments,
agencies, and instrumentalities of the Federal Government) or
other transactions for research, development, and deployment
of new technologies in eligible areas that will--
[``(A) conserve resources;
[``(B) prevent or mitigate adverse environmental impact;
[``(C) improve visitor mobility, accessibility, and
enjoyment; and
[``(D) reduce pollution (including noise pollution and
visual pollution).
[``(2) The Secretary may request and receive appropriate
information from any source.
[``(3) Grants, cooperative agreements, contracts or other
transactions under paragraph (1) shall be awarded from
amounts allocated under subsection (c)(1).''.
[(b) Conforming Amendments.--The table of sections for
chapter 53 is amended by inserting after the item relating to
section 5315 the following:
[``5316. National parks and public lands Legacy Project.''.
[SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILTY PROGRAM.
[(a) Section 3038 of the Transportation Equity Act for the
21st Century, Public Law 105-178, is amended--
[(1) by striking the section heading and inserting the
following: ``OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.'';
and
[(2) by revising subsection (g) to read as follows:
[``(g) Funding.--
[``(1) Of the amounts made available by or appropriated
under section 5338(a)(2)(E) in each fiscal year, 75 percent
shall be available for operators of over-the-road buses used
substantially or exclusively in intercity, fixed-route over-
the-road bus service to finance the incremental capital and
training costs of the Department of Transportation's final
rule regarding accessibility of over-the-road buses. Such
amounts shall remain available until expended.
[``(2) Of the amounts made available by or appropriated
under section 5338(a)(2)(E) in each fiscal year, 25 percent
shall be available for operators of other over-the-road bus
service to finance the incremental capital and training costs
of the Department of Transportation's final rule regarding
accessibility of over-the-road buses. Such amounts shall
remain available until expended.''.
[(b) Conforming Amendments.--The item relating to section
3038 in the table of sections for the Transportation Equity
Act for the 21st Century is amended to read as follows:
[``Over-the-road bus accessibility program.''.
[SEC. 3039. FORMULA GRANTS FOR SPECIAL NEEDS OF ELDERLY
INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES.
[(a) In General.--Section 5310 is amended to read as
follows:
[``(a) General Authority.--
[``(1) The Secretary may make grants to a State under this
section for capital public transportation projects planned,
designed, and carried out to meet the special needs of
elderly individuals and individuals with disabilities. A
State may then allocate the funds to--
[``(A) a private non-profit organization; or
[``(B) a governmental authority--
[``(i) approved by the State to coordinate services for
elderly individuals and individuals with disabilities; or
[``(ii) that certifies that there are not any nonprofit
organizations readily available in the area to provide the
services described under this paragraph.
[``(2) A capital public transportation project under this
section may include acquiring public transportation services
as an eligible capital expense.
[``(3) A State may use not more than 15 percent of the
amounts apportioned under this section to administer, plan
and provided technical assistance for a project funded under
this section.
[``(b) Apportionments.--
[``(1) The Secretary shall apportion amounts made available
under section 5338(a)(2)(M) of this title under a formula the
Secretary administers that considers the number of elderly
individuals and individuals with disabilities in each State.
[``(2) The recipient may transfer any funds apportioned to
it under this subsection to sections 5311(c) or 5336. Any
funds transferred pursuant to this subsection shall be made
available only for eligible projects selected under this
section.
[``(c) Government's Share.--A grant for a capital project
under this section may not exceed 80 percent of the net
capital costs of the project, as determined by the Secretary.
The remainder--
[``(1) may be provided from an undistributed cash surplus,
a replacement or depreciation cash fund or reserve, a service
agreement with a State or local social service agency or a
private social service organization, or new capital; and
[``(2) may be derived from amounts appropriated to or made
available to a department or agency of the Federal government
(other than the Department of Transportation, except for
Federal Land Highway funds) that are eligible to be expended
for transportation.
[``(3) For purposes of paragraph (2), the prohibitions on
the use of funds for matching requirements under section
403(a)(5)(c)(vii) of the Social Security Act shall not apply
to federal or state funds to be used for transportation
purposes.
[``(d) Grant Requirements.--
[``(1) A recipient of a grant under this section is subject
to all requirements of a grant under section 5307 of this
title to the extent the Secretary considers appropriate.''.
[``(2) A recipient that transfers funds to section 5336
pursuant to subsection (b)(2) shall certify that the project
for which the funds are requested has been coordinated with
private non-profit providers of services under this section.
[``(3) 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) 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 of Projects.--Amounts made available
to carry out this subsection may be used for transportation
projects to assist in providing transportation services for
elderly individuals and individuals with disabilities that
are included in a State program of projects. A program shall
be submitted annually to the Secretary for approval and shall
contain an assurance that the program provides for maximum
feasible coordination of transportation services assisted
under this section with transportation services assisted by
other United States Government sources.
[``(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.
[``(g) Homebound Individuals.--Public transportation
service providers receiving assistance under this section or
5311(c) of this title may coordinate and assist in regularly
providing meal delivery service for homebound individuals if
the delivery service does not conflict with providing public
transportation service or reduce service to public
transportation passengers.
[``(h) Transfers of Facilities and Equipment.--With the
consent of the recipient currently having a facility or
equipment acquired with assistance under this section, a
State may transfer the facility or equipment to any recipient
eligible to receive assistance under this chapter if the
facility or equipment will continue to be used as required
under this section.
[``(i) Fares Not Required.--This chapter does not require
that elderly individuals and individuals with disabilities be
charged a fare.''.
[[Page S437]]
[SEC. 3040. JOB ACCESS AND REVERSE COMMUTE.
[(a) Section 5308 is amended to read as follows:
[``Sec. 5308. Formula grants for job access and reverse
commute projects
[``(a) Definitions.--In this section,
[``(1) `recipient' means a State that receives a grant
under this section directly; and
[``(2) `subrecipient' means a State or local public
authority, a nonprofit organization, or a private operator of
public transportation service that may receive a grant under
this section indirectly through a recipient, rather than
directly from the Federal Government.''.
[``(b) General Authority.--
[``(1) The Secretary may make grants to a recipient under
this section for access to jobs and reverse commute projects
to a recipient.
[``(2) A recipient may use not more than 15 percent of the
amounts apportioned under this section to administer, plan,
and provide technical assistance for a project funded under
this section.
[``(c) Apportionments.--
[``(1) The Secretary shall apportion amounts made available
under section 5338(a)(2)(M) of this title under a formula the
Secretary administers that considers the number of low income
people in each State.
[``(2) The recipient may transfer any funds apportioned to
it under this subsection to sections 5311(c) or 5336. Any
apportionment transferred pursuant to this subsection shall
be made available for eligible job access and reverse commute
projects under this section.
[``(d) Grant Requirements.--
[``(1) A grant under this section is subject to the
requirements of 5307 to the extent the Secretary considers
appropriate.
[``(2) Section 5333(b) of this title shall apply, provided
that the Secretary of Labor shall utilize a Special Warranty
that provides a fair and equitable arrangement to protect the
interest of employees.
[``(3) The Secretary may waive the applicability of the
Special Warranty under paragraph (2) for private non-profit
subrecipients on a case-by-case basis as the Secretary deems
appropriate.
[``(4) A recipient of a grant under this section shall
certify that allocations of the grant to subrecipients are
distributed on a fair and equitable basis.
[``(e) Competitive Process.--
[``(1) The recipient shall conduct a statewide solicitation
for applications for grants under this section.
[``(2) Subrecipients seeking to receive a grant under this
section shall submit to the recipient an application in the
form and in accordance with such requirements as the
recipient shall establish.
[``(3) Subrecipients submitting applications pursuant to
paragraph (2) shall be selected on a competitive basis.
[``(f) Coordination.--
[``(1) The Secretary shall coordinate activities under this
section with related activities under programs of other
Federal departments and agencies.
[``(2) A recipient that transfers funds to section 5336
pursuant to subsection (c)(2) shall certify that the project
for which the funds are requested has been coordinated with
private non-profit providers of services under this section.
[``(3) 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) A grant for a capital project under this section may
not exceed 80 percent of the net capital costs of the
project, as determined by the Secretary. A grant made under
this section for operating assistance may not exceed 50
percent of the net operating costs of the project, as
determined by the Secretary. The remainder--
[``(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 Federal Government
(other than the Department of Transportation, except for
Federal Land Highway funds) that are eligible to be expended
for transportation.
[``(2) A recipient carrying out a program of operating
assistance under this section may not limit the level or
extent of use of the Government grant for the payment of
operating expenses.
[``(3) For purposes of paragraph (1)(B) of this section,
the prohibitions on the use of funds for matching
requirements under section 403(a)(5)(c)(vii) of the Social
Security Act shall not apply to Federal or State funds to be
used for transportation purposes.''
[(b) Conforming Amendment.--The table of sections for
chapter 53 is amended after the item relating to section 5307
to read as follows:
[``5308. Formula grants for job access and reverse commute projects.''.
[TITLE IV--MOTOR CARRIER SAFETY
[SEC. 4001. 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) 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) $224,406,000 for fiscal year 2004;
[``(B) $228,000,000 for fiscal year 2005;
[``(C) $233,000,000 for fiscal year 2006;
[``(D) $239,000,000 for fiscal year 2007;
[``(E) $244,000,000 for fiscal year 2008; and
[``(F) $250,000,000 for fiscal year 2009.
[``(2) The funds authorized by this subsection shall be
used for personnel costs; administrative infrastructure;
rent; information technology; programs for research and
technology, information management, regulatory development
(including a medical review board and rules for medical
examiners), performance and registration information system
management (PRISM), a study of driver availability and
retention, and outreach and education; other operating
expenses and similar matters; and such other expenses as may
from time to time become necessary to implement statutory
mandates not funded from other sources.
[``(3) The amounts made available under this section shall
remain available until expended.
[``(4) Authorizations from the Highway Trust Fund (other
than the Mass Transit Account) to carry out subtitle IV, part
B, and subtitle VI, part B, of this title, or the provisions
of subtitle IV of the `Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003', shall be
available for obligation on the date of their apportionment
or allocation or on October 1 of the fiscal year for which
they are authorized, whichever occurs first.''.
[(b) Amendment to Title 23.--Section 104(a)(1) of title 23,
United States Code, is amended by--
[(1) deleting subparagraph (B);
[(2) deleting the designation ``(A)'' at the beginning of
subparagraph (A) and redesignating subparagraphs (A)(i) and
(ii) as subparagraphs (A) and (B), respectively; and
[(3) deleting ``; and'' at the end of subparagraph (B), as
so redesignated, and inserting a period.
[(c) Grant Programs.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for the following Federal Motor Carrier
Safety Administration programs--
[(1) Commercial driver's license/driver improvement program
grants under section 4002(c)--
[(A) $22,000,000 for fiscal year 2004;
[(B) $22,000,000 for fiscal year 2005;
[(C) $23,000,000 for fiscal year 2006;
[(D) $23,000,000 for fiscal year 2007;
[(E) $24,000,000 for fiscal year 2008; and
[(F) $25,000,000 for fiscal year 2009.
[(2) Border enforcement grants under section 4002(b)--
[(A) $ 32,000,000 for fiscal year 2004;
[(B) $ 33,000,000 for fiscal year 2005;
[(C) $ 33,000,000 for fiscal year 2006;
[(D) $ 34,000,000 for fiscal year 2007;
[(E) $ 35,000,000 for fiscal year 2008; and
[(F) $ 36,000,000 for fiscal year 2009.
[(3) Performance and registration information system
management (PRISM) grant program under section 4016--
[(A) $4,000,000 for fiscal year 2004;
[(B) $4,000,000 for fiscal year 2005;
[(C) $4,000,000 for fiscal year 2006;
[(D) $4,000,000 for fiscal year 2007;
[(E) $4,000,000 for fiscal year 2008; and
[(F) $4,000,000 for fiscal year 2009.
[(d) Period of Availability.--The amounts made available
under subsection (c) of this section shall remain available
until expended.
[(e) Contract Authority.--Authorizations from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
subsection (c) of this section shall be available for
obligation on the date of their apportionment or allocation
or on October 1 of the fiscal year for which they are
authorized, whichever occurs first. Approval by the Secretary
of a grant with funds made available under subsection (c) of
this section imposes upon the United States Government a
contractual obligation for payment of the Government's share
of costs incurred in carrying out the objectives of the
grant.
[SEC. 4002. MOTOR CARRIER SAFETY GRANTS.
[(a) Motor Carrier Safety Assistance Program.--
[(1) Section 31102 of title 49, United States Code, is
amended--
[(A) in subsection (b)(1), by amending paragraph (A) to
read as follows:
[``(A) implements performance-based activities.'';
[(B) in subsection (b)(1), by deleting ``and'' at the end
of paragraph (S), replacing the period at the end of
paragraph (T) with a semicolon, and adding new paragraphs (U)
and (V), to read as follows:
[``(U) provides that the State will include in the training
manual for the licensing examination to drive a non-
commercial motor vehicle and a commercial motor vehicle,
information on best practices for driving safely in the
vicinity of commercial motor vehicles and in the vicinity of
non-commercial vehicles, respectively; and
[``(V) provides that the State will enforce the
registration requirements of 49 U.S.C.
[[Page S438]]
13902 by placing out of service any vehicle discovered to be
operating without registration or beyond the scope of its
registration.''; and
[(C) by revising subsection (c) to read as follows:
[``(c) Use of Grants To Enforce Other Laws.--A State may
use amounts received under a grant under subsection (a) of
this section for the following activities:
[``(1) If the activities are carried out in conjunction
with an appropriate inspection of the commercial motor
vehicle to enforce Government or State commercial motor
vehicle safety regulations:
[``(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.
[``(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.
[``(2) Documented enforcement of State traffic laws and
regulations designed to promote the safe operation of
commercial motor vehicles, including documented enforcement
of such laws and regulations against non-commercial motor
vehicles when necessary to promote the safe operation of
commercial motor vehicles.''.
[(2) Section 31103(b) of title 49, United States Code, is
amended to read as follows:
[``(b) Other Activities.--
[``(1) From the amounts designated under section
31104(f)(2), the Secretary may make a grant to a State
agency, local government, or other person for the full cost
of research, development, demonstration projects, public
education, and other special activities and projects relating
to commercial motor vehicle safety that are of benefit to all
jurisdictions or designed to address national safety concerns
and circumstances.
[``(2) From the amounts designated under section
31104(f)(3), the Secretary may allocate safety performance
incentive funds to States without requiring a matching
contribution from such States.
[``(3) From the amounts designated under section
31104(f)(4), the Secretary may allocate new entrant motor
carrier audit funds to States and local governments without
requiring a matching contribution from such States or local
governments. However, the Secretary may withhold such funds
from a State or local government that is unable to use
government employees to conduct new entrant motor carrier
audits, and may instead utilize the funds directly to conduct
audits in those jurisdictions.''.
[(3) Section 31104(a) of title 49, United States Code, is
amended to read as follows:
[``(a) In General.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out section 31102:
[``(1) Not more than $164,594,000 for fiscal year 2004.
[``(2) Not more than $168,000,000 for fiscal year 2005.
[``(3) Not more than $172,000,000 for fiscal year 2006.
[``(4) Not more than $176,000,000 for fiscal year 2007.
[``(5) Not more than $180,000,000 for fiscal year 2008.
[``(6) Not more than $184,000,000 for fiscal year 2009.''.
[(4) Section 31104(f) is amended by revising paragraph (2)
and adding new paragraphs (3) and (4), to read as follows:
[``(2) High-priority activities.--The Secretary may
designate up to 10 percent of amounts available for
allocation under paragraph (1) for States, local governments,
and other persons for carrying out high priority activities
and projects that improve commercial motor vehicle safety and
compliance with commercial motor vehicle safety regulations,
including activities and projects that are national in scope,
increase public awareness and education, or demonstrate new
technologies. The amounts designated under this paragraph
shall be allocated by the Secretary to State agencies, local
governments, and other persons that use and train qualified
officers and employees in coordination with State motor
vehicle safety agencies. Allocations under this paragraph do
not require a matching contribution from a State, local
government, or other person.
[``(3) Safety performance incentive programs.--The
Secretary may designate up to 10 percent of the amounts
available for allocation under paragraph (1) for safety
performance incentive programs for States. The Secretary
shall establish safety performance criteria to be used to
distribute incentive program funds. Such criteria shall
include, at a minimum, reduction in the number and rate of
fatal accidents involving commercial motor vehicles.
Allocations under this paragraph do not require a matching
contribution from a State.
[``(4) New entrant audits.--The Secretary may designate up
to $17,000,000 of the amounts available for allocation
under paragraph (1) for audits of new entrant motor
carriers conducted pursuant to section 210 of the Motor
Carrier Safety Improvement Act of 1999, 113 Stat. 1764.
Allocations under this paragraph do not require a matching
contribution from a State or local government.''.
[(b) Grants to States for Border Enforcement.--Chapter 311
of title 49, United States Code, is amended by revising
section 31107 to read as follows:
[``Sec. 31107. Border enforcement grants
[``(a) General Authority.--From the funds authorized by
sections 4001(c)(2) of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003, the Secretary
may make a grant in a fiscal year to a State, except as
otherwise provided in subsection (c), that shares a border
with another country for carrying out border commercial motor
vehicle safety programs and related enforcement activities
and projects.
[``(b) Maintenance of Expenditures.--Except as otherwise
provided in subsection (c), the Secretary may make a grant to
a State under this section only if the State agrees that the
total expenditure of amounts of the State and political
subdivisions of the State, exclusive of United States
Government amounts, for carrying out border commercial motor
vehicle safety programs and related enforcement activities
and projects will be maintained at a level at least equal to
the average level of that expenditure by the State and
political subdivisions of the State for the last two State or
Federal fiscal years before October 1, 2003.
[``(c) Government Share.--The Secretary may make a grant to
a State agency, local government, or other person for the
full cost of research, development, demonstration projects,
public education, and other special activities and projects
relating to cross-border operations of commercial motor
vehicles that are beneficial to all jurisdictions or designed
to address national safety concerns and circumstances.
[``(d) Availability of Amounts.--Amounts made available to
a State under section 4001(c)(2) of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2003 to
carry out this section shall remain available until expended.
[``(e) Grants as Contractual Obligations.--Approval by the
Secretary of a grant with funds made available under section
4001(c)(2) of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003 imposes upon the United
States Government contractual obligation for payment of the
amount of the grant.''.
[(c) Grants to States for Commercial Driver's License
Improvements.--Chapter 313 of title 49, United States Code,
is amended by adding new section 31318 at the end, to read as
follows:
[``Sec. 31318. Grants for commercial driver's license program
improvements
[``(a) General Authority.--From the funds authorized by
section 4001(c)(1) of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003, the Secretary
may make a grant to a State, except as otherwise provided in
subsection (e), in a fiscal year to improve its
implementation of the commercial driver's license program,
providing the State is in substantial compliance with the
requirements of section 31311 and this section. The Secretary
shall establish criteria for the distribution of grants and
notify the States annually of such criteria.
[``(b) Conditions.--Except as otherwise provided in
subsection (e), a State may use a grant under this section
only for expenses directly related to its commercial driver's
license program, including, but not limited to, computer
hardware and software, publications, testing, personnel,
training, and quality control. The grant may not be used to
rent, lease, or buy land or buildings. The Secretary may
allocate the funds appropriated for such grants in a fiscal
year among the eligible States whose applications for grants
have been approved, under criteria that best serve the
purposes of this section.
[``(c) Maintenance of Expenditures.--Except as otherwise
provided in subsection (e), the Secretary may make a grant to
a State under this section only if the State agrees that the
total expenditure of amounts of the State and political
subdivisions of the State, exclusive of United States
Government amounts, for the operation of the commercial
driver's license program will be maintained at a level at
least equal to the average level of that expenditure by the
State and political subdivisions of the State for the last 2
fiscal years before October 1, 2003
[``(d) Government Share.--Except as otherwise provided in
subsection (e), the Secretary shall reimburse a State, from a
grant made under this section, an amount that is not more
than 80 percent of the costs incurred by the State in a
fiscal year in implementing the commercial driver's license
improvements described in subsection (b). In determining
those costs, the Secretary shall include in-kind
contributions by the State. Amounts of the State required to
be expended under subsection (c) may not be included as part
of the share not provided by the United States Government.
[``(e) High-Priority Activities.--
[``(1) The Secretary may make a grant to a State agency,
local government, or other person for the full cost of
research, development, demonstration projects, public
education, or other special activities and projects relating
to commercial driver licensing and motor vehicle safety that
are of benefit to all jurisdictions or designed to address
national safety concerns and circumstances.
[``(2) The Secretary may designate up to 10 percent of the
amounts made available under
[[Page S439]]
section 4001(c)(1) of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003 in a fiscal year
for high-priority activities under subsection (e)(1).
[``(f) Emerging Issues.--The Secretary may designate up to
25 percent of the amounts made available under section
4001(c)(1) of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003 in a fiscal year for
allocation to a State agency, local government, or other
person at the discretion of the Secretary to address emerging
issues relating to commercial driver's license improvements.
[``(g) Government Share.--Except as otherwise provided in
subsections (e) and (f), all amounts available in a fiscal
year to carry out this section shall be apportioned to States
according to a formula prescribed by the Secretary.
[``(h) Deduction for Administrative Expenses.--On October 1
of each fiscal year or as soon after that date as
practicable, the Secretary may deduct, from amounts made
available under section 4001(c)(1) of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2003 for
that fiscal year, up to 1.25 percent of those amounts for
administrative expenses incurred in carrying out this section
in that fiscal year.
[``(i) Availability of Amounts.--Amounts made available to
a State under section 4001(c)(1) of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2003 to
carry out this section shall remain available until expended.
[``(j) Grants as Contractual Obligations.--Approval by the
Secretary of a grant with funds made available under section
4001(c)(1) of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003 imposes upon the United
States Government a contractual obligation for payment of the
amount of the grant.''.
[(d) Noncompliance With CDL Requirements.--Subsections (a)
and (b) of section 31314 of title 49, United States Code, are
amended to read as follows:
[``(a) First Fiscal Year.--The Secretary of Transportation
shall withhold up to 5 percent of the amount required to be
apportioned to a State under section 104(b)(1), (3), and (4)
of title 23 on the first day of the fiscal year after the
first fiscal year beginning after September 30, 1992,
throughout which the State does not comply substantially with
a requirement of section 31311(a) of this title.
[``(b) Second Fiscal Year.--The Secretary shall withhold up
to 10 percent of the amount required to be apportioned to a
State under section 104(b)(1), (3), and (4) of title 23 on
the first day of each fiscal year after the 2d fiscal year
beginning after September 30, 1992, throughout which the
State does not comply substantially with a requirement of
section 31311(a) of this title.''.
[(e) Conforming Amendments--
[(1) The table of sections at the beginning of chapter 311
of title 49, United States Code, is amended by--
[(A) revising the heading of Subchapter I to read as
follows:
[``SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS'';
[and
[(B) revising the item relating to section 31107 to read as
follows:
[``31107. Border enforcement grants.''.
[(2) Chapter 311 of title 49, United States Code, is
amended following the table of sections by striking--
[``SUBCHAPTER I--STATE GRANTS''
[and substituting--
[``SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS''.
[(3) The table of sections at the beginning of chapter 313
of title 49, United States Code, is amended after the item
relating to section 31317 by adding the following:
[``31318. Grants for commercial driver's license program
improvements.''.
[SEC. 4003. HOBBS ACT.
[(a) Section 2342(3)(A) of title 28, United States Code, is
amended to read as follows:
[``(A) the Secretary of Transportation issued pursuant to
section 2, 9, 37, or 41 of the Shipping Act, 1916 (46 U.S.C.
App. 802, 803, 808, 835, 839, and 841a) or pursuant to part B
or C of subtitle IV of title 49 [49 U.S.C. chapters 131-161]
or pursuant to subchapter III of chapter 311, chapter 313,
and chapter 315 of part B of subtitle VI of title 49; and''.
[(b) Section 351(a) of title 49, United States Code, is
amended to read as follows:
[``(a) Judicial Review.--An action of the Secretary of
Transportation in carrying out a duty or power transferred
under the Department of Transportation Act (Public Law 89-
670, 80 Stat. 931), or an action of the Administrator of the
Federal Railroad Administration, Federal Motor Carrier Safety
Administration, or the Federal Aviation Administration in
carrying out a duty or power specifically assigned to the
Administrator by that Act, may be reviewed judicially to the
same extent and in the same way as if the action had been an
action by the department, agency, or instrumentality of the
United States Government carrying out the duty or power
immediately before the transfer or assignment.''.
[(c) Section 352 of title 49, United States Code, is
amended to read as follows:
[``Sec. 352. Authority to carry out certain transferred
duties and powers
[``In carrying out a duty or power transferred under the
Department of Transportation Act (Public Law 89-670, 80 Stat.
931), the Secretary of Transportation and the Administrators
of the Federal Railroad Administration, the Federal Motor
Carrier Safety Administration, and the Federal Aviation
Administration have the same authority that was vested in the
department, agency, or instrumentality of the United States
Government carrying out the duty or power immediately before
the transfer. An action of the Secretary or Administrator in
carrying out the duty or power has the same effect as when
carried out by the department, agency, or instrumentality.''.
[SEC. 4004. PENALTY FOR DENIAL OF ACCESS TO RECORDS.
[Section 521(b)(2) of title 49, United States Code, is
amended by adding new subparagraph (E) at the end, to read as
follows:
[``(E) Copying of records and access to equipment, lands,
and buildings.--A person subject to chapter 51 of subtitle
III, Part B of Subtitle IV, or Part B of Subtitle VI of this
title who fails to allow the Secretary, or an employee
designated by the Secretary, promptly upon demand to inspect
and copy any record or inspect and examine equipment, lands,
buildings and other property in accordance with sections
504(c), 5121(c), and 14122(b) of this title shall be liable
to the United States for a civil penalty not to exceed
$500 for each offense, and each day the Secretary is
denied the right to inspect and copy any record or inspect
and examine equipment, lands, buildings and other property
shall constitute a separate offense, except that the total
of all civil penalties against any violator for all
offenses related to a single violation shall not exceed
$5,000. It shall be a defense to such penalty that the
records did not exist at the time of the Secretary's
request or could not be timely produced without
unreasonable expense or effort. Nothing herein amends or
supersedes any remedy available to the Secretary under
sections 502(d), 507(c), or other provision of this
title.''.
[SEC. 4005. MEDICAL REVIEW BOARD AND MEDICAL EXAMINERS.
[(a) Medical Review Board.--
[(1) Establishment and function.--The Federal Motor Carrier
Safety Administrator shall establish a Medical Review Board
as an advisory committee to provide the Federal Motor Carrier
Safety Administration with medical advice and recommendations
on driver qualification medical standards and guidelines,
medical examiner education, and medical research.
[(2) Composition.--The Medical Review Board shall be
appointed by the Secretary and shall consist of 5 members
selected from medical institutions and private practice. The
membership shall reflect expertise in a variety of
specialties relevant to the functions of the Federal Motor
Carrier Safety Administration.
[(3) Termination date.--The Medical Review Board shall
remain in effect until September 30, 2009.
[(b) Medical Examiners.--Section 31136(a)(3) of title 49,
United States Code, is amended to read as follows:
[``(3) the physical condition of operators of commercial
motor vehicles is adequate to enable them to operate the
vehicles safely, and the periodic physical examinations
required of such operators are performed by medical examiners
who have received training in physical and medical
examination standards and are listed on a national registry
maintained by the Department of Transportation;''.
[SEC. 4006. ENFORCEMENT OF HOUSEHOLD GOODS REGULATIONS.
[(a) Dispute Settlement Program for Household Goods
Carriers.--
[(1) Section 14708(a) of title 49, United States Code, is
amended to read as follows:
[``(a) Shipper Arbitration.--
[``(1) As a condition of registration under section 13902
or 13903, a carrier providing transportation of household
goods subject to jurisdiction under subchapter I or III of
chapter 135 must agree to offer in accordance with this
section to shippers of household goods arbitration as a means
of settling disputes between such carriers and shippers.
However, the carrier may not require the shipper to agree to
use arbitration prior to the time that a dispute arises.
[``(2) If the dispute involves a claim for $5,000 or less
and the shipper requests arbitration, such arbitration shall
be binding on the parties. If the dispute involves a claim
for more than $5,000 and the shipper requests arbitration,
such arbitration shall be binding on the parties only if the
carrier agrees to arbitration.''.
[(2) Subsection (b)(6) of section 14708 is deleted, and
subsections (b)(7) and (b)(8) are redesignated as subsections
(b)(6) and (b)(7), respectively.
[(b)(1) Chapter 147 of title 49, United States Code, is
amended by adding new section 14710 at the end, to read as
follows:
[``Sec. 14710. Enforcement by State attorneys general
[``(a) In General.--A State, as parens patriae, may bring a
civil action on behalf of its residents in an appropriate
district court of the United States to enforce this part, or
a regulation or order of the Secretary or Board, as
applicable, or to impose the civil penalties authorized by
this part or such regulation or order, whenever the attorney
general of the State has reason to believe that the interests
of the residents of the State have been or are being
threatened or adversely affected by (1) a carrier or broker
providing transportation subject to jurisdiction under
subchapter I or III of chapter 135 of this title, or (2) a
foreign motor carrier providing transportation registered
under
[[Page S440]]
section 13902 of this title, that is engaged in household
goods transportation that violates this part or a regulation
or order of the Secretary or Board, as applicable.
[``(b) Notice.--The State shall serve prior written notice
of any civil action under subsection (a) or (e)(2) upon the
Secretary or Board, as applicable, and provide the Secretary
or Board with a copy of its complaint, except that if it is
not feasible for the State to provide such prior notice, the
State shall serve such notice immediately upon instituting
such action. Upon receiving a notice respecting a civil
action, the Secretary or Board shall have the right--
[``(1) to intervene in such action;
[``(2) upon so intervening, to be heard on all matters
arising therein; and
[``(3) to file petitions for appeal.
[``(c) Construction.--For purposes of bringing any civil
action under subsection (a), nothing in this Act shall
prevent an attorney general from exercising the powers
conferred on the attorney general by the laws of such State
to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
[``(d) Venue; Service of Process.--In a civil action
brought under subsection (a) of this section--
[``(1) trial is in the judicial district in which--
[``(A) the carrier, foreign motor carrier, or broker
operates;
[``(B) the carrier, foreign motor carrier, or broker was
authorized to provide transportation or service under this
part when the violation occurred; or
[``(C) the offender is found;
[``(2) process may be served without regard to the
territorial limits of the district or of the State in which
the action is instituted; and
[``(3) a person participating with a carrier or broker in a
violation may be joined in the civil action without regard to
the residence of the person.
[``(e) Actions by Other State Officials.--
[``(1) Nothing contained in this section shall prohibit an
authorized State official from proceeding in State court on
the basis of an alleged violation of any criminal statute of
such State.
[``(2) In addition to actions brought by an attorney
general of a State under subsection (a), such an action may
be brought by officers of such State who are authorized by
the State to bring actions in such State on behalf of its
residents.''.
[(2) Conforming amendment.--The table of sections at the
beginning of chapter 147 of title 49, United States Code, is
amended by inserting after the item relating to section 14709
the following:
[``14710. Enforcement by State attorneys general.''.
[SEC. 4007. REGISTRATION OF COMMERCIAL MOTOR CARRIERS,
FREIGHT FORWARDERS, AND BROKERS.
[(a) Sections 13102(6), (7), (12) and (13) of title 49,
United States Code, are amended to read as follows:
[``(6) Foreign motor carrier.--The term `foreign motor
carrier' means a person (including a motor carrier of
property but excluding a motor private carrier)--
[``(A)(i) that is domiciled in a contiguous foreign
country; or
[``(ii) that is owned or controlled by persons of a
contiguous foreign country; and
[``(B) in the case of a person that is not a motor carrier
of property, that provides interstate transportation of
property by commercial motor vehicle, as defined in section
31132(1) of this title, under an agreement or contract
entered into with a motor carrier of property (other than a
motor private carrier or a motor carrier of property
described in subparagraph (A)).
[``(7) Foreign motor private carrier.--The term `foreign
motor private carrier' means a person (including a motor
private carrier but excluding a motor carrier of property)--
[``(A)(i) that is domiciled in a contiguous foreign
country; or
[``(ii) that is owned or controlled by persons of a
contiguous foreign country; and
[``(B) in the case of a person that is not a motor private
carrier, that provides interstate transportation of property
by commercial motor vehicle, as defined in section 31132(1)
of this title, under an agreement or contract entered into
with a person (other than a motor carrier of property or a
motor private carrier described in subparagraph (A)).''
[``(12) Motor carrier.--The term `motor carrier' means a
person providing transportation for compensation by
commercial motor vehicle, as defined in section 31132(1) of
this title.
[``(13) Motor private carrier.--The term `motor private
carrier' means a person, other than a motor carrier,
transporting property by commercial motor vehicle, as defined
in section 31132(1) of this title, when--
[``(A) the transportation is as provided in section 13501
of this title;
[``(B) the person is the owner, lessee, or bailee of the
property being transported; and
[``(C) the property is being transported for sale, lease,
rent, or bailment or to further a commercial enterprise.''.
[(b) Section 13903(a) of title 49, United States Code, is
amended to read as follows:
[``(a) In General.--
[``(1) The Secretary of Transportation shall register a
person to provide service subject to jurisdiction under
subchapter III of chapter 135 as a freight forwarder of
household goods if the Secretary finds that the person is
fit, willing, and able to provide the service and to comply
with this part and applicable regulations of the Secretary
and the Board.
[``(2) The Secretary may register a person to provide
service subject to jurisdiction under subchapter III of
chapter 135 as a freight forwarder if the Secretary finds
that such registration is needed for the protection of
shippers and that the person is fit, willing, and able to
provide the service and to comply with this part and
applicable regulations of the Secretary and Board.''.
[(c) Section 13904(a) of title 49, United States Code, is
amended to read as follows:
[``(a) In General.--
[``(1) The Secretary of Transportation shall register,
subject to section 13906(b), a person to be a broker for
transportation of household goods subject to jurisdiction
under subchapter I of chapter 135, if the Secretary finds
that the person is fit, willing, and able to be a broker for
transportation of household goods and to comply with this
part and applicable regulations of the Secretary.
[``(2) The Secretary may register, subject to section
13906(b), a person to be a broker for transportation of other
property subject to jurisdiction under subchapter I of
chapter 135, if the Secretary finds that such registration is
needed for the protection of shippers and that the person is
fit, willing, and able to be a broker for transportation and
to comply with this part and applicable regulations of the
Secretary.''.
[SEC. 4008. FINANCIAL RESPONSIBILITY FOR PRIVATE MOTOR
CARRIERS.
[(a)(1) Section 31138(a) of title 49, United States Code,
is amended to read as follows:
[``(a) General Requirement.--The Secretary of
Transportation shall prescribe regulations to require minimum
levels of financial responsibility sufficient to satisfy
liability amounts established by the Secretary covering
public liability and property damage for the transportation
of passengers by motor vehicle in the United States between a
place in a State and--
[``(1) a place in another State;
[``(2) another place in the same State through a place
outside of that State; or
[``(3) a place outside the United States.''.
[(2) Section 31138(c) of title 49, United States Code, is
amended by adding paragraph (4) at the end, to read as
follows:
[``(4) The Secretary may require a person, other than a
motor carrier as defined in section 13102(12) of this title,
transporting passengers by motor vehicle to file with the
Secretary the evidence of financial responsibility specified
in subsection (c)(1) of this section in an amount not less
than that required by this section, and the laws of the State
or States in which the person is operating, to the extent
applicable. The amount of the financial responsibility must
be sufficient to pay, not more than the amount of the
financial responsibility, for each final judgment against the
person for bodily injury to, or death of, an individual
resulting from the negligent operation, maintenance, or use
of motor vehicles, or for loss or damage to property, or
both.''.
[(b)(1) Section 31139(b)(1) of title 49, United States
Code, is amended to read as follows:
[``(b) General Requirements and Minimum Amount.--
[``(1) The Secretary of Transportation shall prescribe
regulations to require minimum levels of financial
responsibility sufficient to satisfy liability amounts
established by the Secretary covering public liability,
property damage, and environmental restoration for the
transportation of property by motor vehicle in the United
States between a place in a State and--
[``(A) a place in another State;
[``(B) another place in the same State through a place
outside of that State; or
[``(C) a place outside the United States.''.
[(2) Subsections (c) through (g) of section 31139 of title
49, United States Code, are redesignated as subsections (d)
through (h), and new subsection (c) is inserted after
subsection (b), to read as follows:
[``(c) Filing of Evidence of Financial Responsibility.--The
Secretary may require a motor private carrier, as defined in
section 13102 of this title, to file with the Secretary the
evidence of financial responsibility specified in subsection
(b) of this section in an amount not less than that required
by this section, and the laws of the State or States in which
the motor private carrier is operating, to the extent
applicable. The amount of the financial responsibility must
be sufficient to pay, not more than the amount of the
financial responsibility, for each final judgment against the
motor private carrier for bodily injury to, or death of, an
individual resulting from negligent operation, maintenance,
or use of motor vehicles, or for loss or damage to property,
or both.''.
[SEC. 4009. INCREASED PENALTIES FOR OUT-OF-SERVICE VIOLATIONS
AND FALSE RECORDS.
[(a) Section 521(b)(2)(B) of title 49, United States Code,
is amended to read as follows:
[``(B) Recordkeeping and Reporting Violations.--A person
required to make a report to the Secretary, answer a
question, or make, prepare, or preserve a record under
section 504 of this title or under any regulation issued by
the Secretary pursuant to subchapter III of chapter 311
(except sections 31138 and 31139) or section 31502 of this
title about transportation by motor carrier,
[[Page S441]]
motor carrier of migrant workers, or motor private carrier,
or an officer, agent, or employee of that person--
[``(i) who does not make that report, does not
specifically, completely, and truthfully answer that question
in 30 days from the date the Secretary requires the question
to be answered, or does not make, prepare, or preserve that
record in the form and manner prescribed by the Secretary,
shall be liable to the United States for a civil penalty in
an amount not to exceed $1,000 for each offense, and each day
of the violation shall constitute a separate offense, except
that the total of all civil penalties assessed against any
violator for all offenses related to any single violation
shall not exceed $10,000; or
[``(ii) who knowingly falsifies, destroys, mutilates, or
changes a required report or record, knowingly files a false
report with the Secretary, knowingly makes or causes or
permits to be made a false or incomplete entry in that record
about an operation or business fact or transaction, or
knowingly makes, prepares, or preserves a record in violation
of a regulation or order of the Secretary, shall be liable to
the United States for a civil penalty in an amount not to
exceed $10,000 for each violation, if any such action can be
shown to have misrepresented a fact that constitutes a
violation other than a reporting or recordkeeping
violation.''.
[(b) Section 31310(i)(2) of title 49, United States Code,
is amended to read as follows:
[``(2) The Secretary shall prescribe regulations
establishing sanctions and penalties related to violations of
out-of-service orders by individuals operating commercial
motor vehicles. The regulations shall require at least that--
[``(A) an operator of a commercial motor vehicle found to
have committed a first violation of an out-of-service order
shall be disqualified from operating such a vehicle for at
least 180 days and liable for a civil penalty of at least
$2,500;
[``(B) an operator of a commercial motor vehicle found to
have committed a second violation of an out-of-service order
shall be disqualified from operating such a vehicle for at
least 2 years and not more than 5 years and liable for a
civil penalty of at least $5,000;
[``(C) an employer that knowingly allows or requires an
employee to operate a commercial motor vehicle in violation
of an out-of-service order shall be liable for a civil
penalty of not more than $25,000; and
[``(D) an employer that knowingly and willfully allows or
requires an employee to operate a commercial motor vehicle in
violation of an out-of-service order shall, upon conviction,
be subject for each offense to imprisonment for a term not to
exceed one year or a fine under title 18, United States Code,
or both.''.
[SEC. 4010. ELIMINATION OF COMMODITY AND SERVICE EXEMPTIONS.
[(a) Section 13506(a) of title 49, United States Code, is
amended--
[(1) by deleting paragraphs (2), (6), (11), (12), (13), and
(15); and
[(2) by redesignating paragraphs (3), (4), (5), (7), (8),
(9), (10), and (14) as paragraphs (2), (3), (4), (5), (6),
(7), (8), and (9), respectively.
[(b) The first sentence of section 13507 of title 49,
United States Code, is amended to read as follows: ``A motor
carrier of property providing transportation exempt from
jurisdiction under paragraph (6) of section 13506(a) may
transport property under such paragraph in the same vehicle
and at the same time as property which the carrier is
authorized to transport under a registration issued under
section 13902(a).''.
[SEC. 4011. INTRASTATE OPERATIONS OF INTERSTATE MOTOR
CARRIERS.
[(a) Subsection (a) of section 31144 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) Subsection (c) of section 31144 of title 49, United
States Code, is amended by adding new paragraph (5) at the
end, to read as follows:
[``(5) Transportation Affecting Interstate Commerce.--
Owners or operators of commercial motor vehicles prohibited
from operating in interstate commerce pursuant to paragraphs
(1) through (3) of this section may not operate any
commercial motor vehicle that affects interstate commerce
until the Secretary determines that such owner or operator is
fit.''.
[(c) Subsections (d) and (e) of section 31144 of title 49,
United States Code, are redesignated as subsections (e) and
(f), respectively, and new subsection (d) is added after
subsection (c), to read as follows:
[``(d) Determination of Unfitness by a State.--If a State
that receives Motor Carrier Safety Assistance Program funds
pursuant to section 31102 of this title determines, by
applying the standards prescribed by the Secretary under
subsection (b) of this section, that an owner or operator of
commercial motor vehicles that has its principal place of
business in that State and operates in intrastate commerce is
unfit under such standards and prohibits the owner or
operator from operating such vehicles in the State, the
Secretary shall prohibit the owner or operator from operating
such vehicles in interstate commerce until the State
determines that the owner or operator is fit.''.
[SEC. 4012. AUTHORITY TO STOP COMMERCIAL MOTOR VEHICLES.
[(a) Chapter 2 of title 18, United States Code, is amended
by adding at the end new section 38, to read as follows:
[``Sec. 38. Commercial motor vehicles required to stop for
inspections
[``(a) A driver of a commercial motor vehicle, as defined
in 49 U.S.C. 31132(1), shall stop and submit to inspection of
the vehicle, driver, cargo, and required records when
directed to do so by a uniformed special agent of the Federal
Motor Carrier Safety Administration, Department of
Transportation, at or in the vicinity of an inspection site.
The driver shall not leave the inspection site until
authorized to do so by an agent.
[``(b) A driver of a commercial motor vehicle, as defined
in subsection (a), who knowingly fails to stop for inspection
when directed to do so by a uniformed special agent of the
Federal Motor Carrier Safety Administration at or in the
vicinity of an inspection site, or leaves the inspection site
without authorization, shall be fined under this title or
imprisoned not more than one year, or both.''.
[(b) Chapter 203 of title 18, United States Code, is
amended by adding at the end new section 3064, to read as
follows:
[``Sec. 3064. Powers of Federal Motor Carrier Safety
Administration
[``Uniformed special agents of the Federal Motor Carrier
Safety Administration may direct a driver of a commercial
motor vehicle, as defined in 49 U.S.C. 31132(1), to stop for
inspection of the vehicle, driver, cargo, and required
records at or in the vicinity of an inspection site.''.
[(c) Conforming Amendments.--
[(1) The table of sections at the beginning of chapter 2 of
title 18, United States Code, is amended by inserting after
the item relating to section 37 the following:
[``38. Commercial motor vehicles required to stop for inspections.''.
[(2) The table of sections at the beginning of chapter 203
of title 18, United States Code, is amended by inserting
after the item relating to section 3063 the following:
[``3064. Powers of the Federal Motor Carrier Safety Administration.''.
[SEC. 4013. PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER
MANAGEMENT.
[(a) Section 31135 of title 49, United States Code, is
amended by designating the existing text as subsection ``(a)
In General.--'' and adding new subsections (b), (c), (d), and
(e), to read as follows:
[``(b) Pattern of Noncompliance.--If an officer of a motor
carrier engages in a pattern or practice of avoiding
compliance, or masking or otherwise concealing non-
compliance, with regulations on commercial motor vehicle
safety prescribed under this subchapter, the Secretary may
suspend, amend, or revoke any part of the motor carrier's
registration under section 13905 of this title.
[``(c) List of Proposed Officers.--Each person seeking
registration as a motor carrier under section 13902 of this
title shall submit a list of the proposed officers of the
motor carrier. If the Secretary determines that any of the
proposed officers has previously engaged in a pattern or
practice of avoiding compliance, or masking or otherwise
concealing non-compliance, with regulations on commercial
motor vehicle safety prescribed under this chapter, the
Secretary may deny the person's application for registration
as a motor carrier under section 13902(a)(3).
[``(d) Regulations.--The Secretary shall by regulation
establish standards to implement subsections (b) and (c).
[``(e) Definitions.--In this section --
[``(1) `motor carrier' has the same meaning as in section
13102(12) of this title; and
[``(2) `officer' means an owner, chief executive officer,
chief operating officer, chief financial officer, safety
director, vehicle maintenance supervisor and driver
supervisor of a motor carrier, regardless of the title
attached to those functions.''.
[(b) Section 13902(a)(1)(B) of title 49, United States
Code, is amended to read as follows:
[``(B) any safety regulations imposed by the Secretary; the
duties of employers and employees established by the
Secretary under section 31135; and the safety fitness
requirements established by the Secretary under section
31144; and''.
[SEC. 4014. MOTOR CARRIER RESEARCH AND TECHNOLOGY PROGRAM.
[(a) In General.--Title 49, United States Code, is amended
by repealing section 31108 and inserting the following new
section, to read as follows:
[``Sec. 31108. Motor carrier research and technology program
[``(a) Research, Technology and Technology Transfer
Activities.--
[``(1) The Secretary of Transportation shall establish and
carry out a motor carrier research and technology program.
The Secretary may carry out research, development,
[[Page S442]]
technology, and technology transfer activities with respect
to--
[``(A) the causes of accidents, injuries and fatalities
involving commercial motor vehicles; and
[``(B) means of reducing the number and severity of
accidents, injuries and fatalities involving commercial motor
vehicles.
[``(2) The Secretary may test, develop, or assist in
testing and developing any material, invention, patented
article, or process related to the research and technology
program.
[``(3) The Secretary may use the funds appropriated to
carry out this section for training or education of
commercial motor vehicle safety personnel, including, but not
limited to, training in accident reconstruction and detection
of controlled substances or other contraband, and stolen
cargo or vehicles.
[``(4) 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 non-profit corporation,
organization, foreign country, or person.
[``(5) The Secretary shall use funds made available to
carry out this section to develop, administer, communicate,
and promote the use of products of research, technology, and
technology transfer programs under this section.
[``(b) Collaborative Research and Development.--
[(1) To advance innovative solutions to problems involving
commercial motor vehicle and motor carrier safety, security,
and efficiency, and to stimulate the deployment of emerging
technology, the Secretary may carry out, on a cost-shared
basis, collaborative research and development with--
[``(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) 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)(A) The Federal share of the cost of activities
carried out under a cooperative research and development
agreement entered into under this subsection shall not exceed
50 percent, except that if there is substantial public
interest or benefit, the Secretary may approve a greater
Federal share.
[``(B) All costs directly incurred by the non-Federal
partners, including personnel, travel, and hardware or
software development costs, shall be credited toward the non-
Federal share of the cost of the activities described in
subparagraph (A).
[``(4) The research, development, or use of a technology
under a cooperative research and development agreement
entered into under this subsection, including the terms under
which the technology may be licensed and the resulting
royalties may be distributed, shall be subject to the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.).
[``(5) Section 3705 of title 41, United States Code, shall
not apply to a contract or agreement entered into under this
section.
[``(c) Availability of Amounts.--The amounts made
available under section 4001(b) of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2003 to
carry out this section shall remain available until expended.
[``(d) Contract Authority.--Approval by the Secretary of a
grant with funds made available under section 4001(b) of the
Safe, Accountable, Flexible, and Efficient Transportation
Equity Act of 2003 to carry out this section imposes upon the
United States Government a contractual obligation for payment
of the Government's share of costs incurred in carrying out
the objectives of the grant.''.
[(b) Conforming Amendment.--The table of sections at the
beginning of chapter 311 of title 49, United States Code, is
amended by revising the item relating to section 31108 to
read as follows:
[``31108. Motor carrier research and technology program.''.
[SEC. 4015. INTERNATIONAL COOPERATION.
[(a) Chapter 311 of title 49, United States Code, is
amended by inserting at the end the following:
[``SUBCHAPTER IV--MISCELLANEOUS
[``Sec. 31161. International cooperation
[``The Secretary is authorized to use funds appropriated
under section 31104(i) of this title to participate and
cooperate in international activities to enhance motor
carrier, driver, and highway safety by such means as
exchanging information, conducting research; and examining
needs, best practices, and new technology.''.
[(b) Clerical Amendment.--The table of sections at the
beginning of chapter 311 of title 49, United States Code, is
amended by adding at the end the following:
[``subchapter IV--miscellaneous
[``31161. International cooperation.''.
[SEC. 4016. PERFORMANCE AND REGISTRATION INFORMATION SYSTEM
MANAGEMENT (PRISM).
[(a) Paragraphs (2) and (3) of section 31106(b) of title
49, United States Code, are amended to read as follows:
[``(2) The program shall link Federal motor carrier safety
information systems with State commercial vehicle
registration and licensing systems and shall be designed to
enable a State to--
[``(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) 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) Deletion.--Paragraph (4) of section 31106(b) of title
49, United States Code, is deleted.
[(c) Performance and Registration Information System
Management Grants.--
[(1) Chapter 311 of title 49, United States Code, as
amended by this Act, is further amended by adding a new
section after section 31108, to read as follows:
[``Sec. 31109. Performance and Registration Information
System Management (PRISM)
[``(a) In General.--From the funds authorized by section
4001(c)(3) of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003, the Secretary may make a
grant in a fiscal year to a State to implement the
Performance and Registration Information System Management
requirements of 49 U.S.C. 31106(b).
[``(b) Availability of Amounts.--Amounts made available to
a State under section 4001(c)(3) of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2003 to
carry out this section shall remain available until expended.
[``(c) Secretary's Approval.--Approval by the Secretary of
a grant to a State under section 4001(c)(3) of the Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2003 to carry out this section is a contractual
obligation of the Government for payment of the amount of the
grant.''.
[(2) Conforming amendment.--The table of sections at the
beginning of chapter 311 of title 49, United States Code, is
amended after the item relating to section 31108 by adding
the following:
[``31109. Performance and Registration Information System Management
(PRISM).''.
[SEC. 4017. INFORMATION SYSTEMS AND DATA ANALYSIS.
[The Secretary of Transportation shall carry out a program
to improve the collection and analysis of safety data on,
including crash causation involving, commercial motor
vehicles.
[SEC. 4018. OUTREACH AND EDUCATION.
[(a) In General.--The Secretary shall conduct an outreach
and education program to be administered by the Federal Motor
Carrier Safety Administration. The program shall include
expanded implementation of the ``Share the Road Safely'' and
``Safety is Good Business'' programs. The Federal Motor
Carrier Safety Administration shall establish programs to
directly educate the industry and public about the
requirements of new and existing regulatory requirements. The
Secretary, through the Federal Motor Carrier Safety
Administration, may undertake other outreach and education
initiatives that may reduce the number of accidents,
injuries, and fatalities involving commercial motor
vehicles.
[(b) Likely Risk Factors.--The Secretary, through the
Federal Motor Carrier Safety Administration, shall conduct an
outreach program to identify the practices of commercial
motor vehicle drivers that are most likely to increase and
decrease the risk of accidents.
[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 and
507 of title 23, United States Code, and section 5206 of this
Act relating to research, development, technology transfer,
technology deployment, and application activities,
$199,000,000 for each of fiscal years 2004 through 2009.
[(2) Training and education.--For carrying out section 504
of title 23, United States Code, $26,000,000 for each of
fiscal years 2004 through 2009.
[(3) Bureau of transportation statistics.--For the Bureau
of Transportation Statistics to carry out section 111 of
title 49, United States Code, the following:
[(A) $31,568,000 for fiscal year 2004.
[[Page S443]]
[(B) $32,199,000 for fiscal year 2005.
[(C) $32,869,000 for fiscal year 2006.
[(D) $33,609,000 for fiscal year 2007.
[(E) $34,439,000 for fiscal year 2008.
[(F) $35,276,000 for fiscal year 2009.
[(4) University transportation research.--For carrying out
section 5505 of title 49, United States Code, $26,500,000 for
each of fiscal years 2004 through 2009.
[(5) Intelligent transportation systems research.--For
carrying out the Intelligent Transportation Systems Act of
2003 under subtitle E of this title, $121,000,000 for each of
fiscal years 2004 through 2009.
[(b) Collaborative Research and Development.--Section 502
of title 23, United States Code, is amended--
[(1) by striking subsection (b)(3); and
[(2) by redesignating subsections (b)(4) and (b)(5) as
(b)(3) and (b)(4), respectively.
[(c) Applicability of Title 23, United States Code.--Funds
authorized to be appropriated by subsection (a) shall be
available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States
Code, except that the Federal share of the cost of a project
or activity carried out using such funds shall be 100 percent
unless otherwise determined by the Secretary or specified
otherwise in this Act, and such funds shall remain available
until expended.
[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--
[``5. Research and Technology................................501'';....
[and substituting--
[``5. Research, Technology, and Education....................501'';....
[and
[(2) by striking the heading--
[``CHAPTER 5--RESEARCH AND TECHNOLOGY''
[and inserting--
[``CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION.''.
[(b) Statement of Principles Governing Research and
Technology Investments.--Section 502 of title 23, United
States Code, is amended--
[(1) by redesignating subsections (a) through (g) as
subsections (b) through (h), respectively; and
[(2) by inserting a new subsection (a) at the beginning, to
read as follows:
[``(a) Basic Principles Governing Research and Technology
Investments.--
[``(1) Coverage.--Surface transportation research and
technology development (R&T) shall include all activities
leading to technology development and transfer, as well as
the introduction of new and innovative ideas, practices and
approaches, through such mechanisms as field applications,
education and training, and technical support.
[``(2) Federal responsibility.--Funding and conducting
surface transportation research and technology transfer
activities shall be considered a basic responsibility of the
Federal Government when--
[``(A) the work is of national significance;
[``(B) it supports research in which there is a clear
public benefit and private sector investment is less than
optimal due to market failure;
[``(C) it supports a Federal stewardship role in assuring
that state and local governments use national resources
efficiently; or
[``(D) it presents the best means to support Federal policy
goals compared to other policy alternatives.
[``(3) Role.--Consistent with these Federal
responsibilities, the Secretary of Transportation shall--
[``(A) conduct research;
[``(B) support and facilitate research and technology
transfer activities by state highway agencies;
[``(C) share results of completed research; and
[``(D) support and facilitate technology and innovation
deployment.
[``(4) Program content.--A surface transportation research
program shall include--
[``(A) fundamental, long-term highway research;
[``(B) research aimed at significant highway research gaps,
and emerging issues with national implications; and
[``(C) research related to policy and planning.
[``(5) Stakeholder input.--Federally sponsored surface
transportation R&T activities shall address the needs of
partners and stakeholders, and provide for stakeholder input
in preparation of a strategic plan for surface transportation
R&T.
[``(6) Competition.--To the greatest extent possible,
investment decisions for surface transportation R&T
activities shall be based on the well-established principles
of competition and merit review.
[``(7) Performance review.--Surface transportation R&T
activities shall include a component of performance
measurement.''.
[(c) Transportation Pooled Fund Program.--Section 502(b) of
title 23, United States Code, as redesignated by this Act, is
amended by inserting the following at the end:
[``(6) Pooled funding.--
[``(A) To promote effective utilization of available
resources, the Secretary may cooperate with the States and
other appropriate agencies in funding research, development,
and technology transfer activities of mutual interest on a
pooled funds basis.
[``(B) The Secretary may enter into contracts, cooperative
agreements, grants, and other transactions as agent for all
participating parties in carrying out such research,
development, or technology transfer.''.
[(d) Operations Elements in Research Activities.--Section
502 of title 23, United States Code, is amended--
[(1) in subsection (b)(1), as redesignated by this Act, by
striking subparagraphs (B) and (C) and inserting the
following:
[``(B) all phases of transportation planning and
development (including construction, transportation system
management and operations, modernization, development,
design, maintenance, safety, financing, and traffic
conditions);
[``(C) freight security processes and procedures; and
[``(D) the effect of State laws on the activities described
in subparagraphs (A) and (B).'';
[(2) in subsection (d)(5)(C), as redesignated by this Act,
by inserting ``system management and'' after
``transportation''; and
[(3) in subsection (d), as redesignated by this Act, by
inserting at the end:
[``(12) Investigation and development of various
operational methodologies to reduce the occurrence and impact
of recurrent congestion and non-recurrent congestion, and
increase transportation system reliability.
[``(13) Investigate processes, procedures, and technologies
to secure container and hazardous material transport,
including the evaluation of regulations, liability, terrorist
countermeasures, and the impact of good security practices on
commerce and productivity.
[``(14) Research, development, and technology transfer
related to asset management.''.
[(e) Turner-Fairbank Highway Research Center.--Section 502
of title 23, United States Code, is amended by inserting 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 the--
[``(A) conduct of highway research and development related
to new highway technology;
[``(B) development of understandings, tools, and techniques
that provide solutions to complex technical problems through
the development of economical and environmentally sensitive
designs, efficient and quality controlled construction
practices, and durable materials; and
[``(C) development of innovative highway products and
practices.''.
[(f) Exploratory Advanced Research Program.--Section 502 of
title 23, United States Code, is amended by striking
subsection (e), as redesignated by this Act, and inserting
the following:
[``(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.
The phrase ``exploratory advanced research'' conveys a more
fundamental character, broader objective, multi-disciplinary
nature, and greater uncertainty in expected outcomes than
found in problem-solving research. In carrying out the
program, the Secretary shall strive to develop partnerships
with the public and private sectors.
[``(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) Assessing 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 decision
making.''.
[(g) Authority To Purchase Promotional Items.--Section 503
of title 23, United States Code, as amended by this Act, is
further amended by inserting the following at the end:
[``(e) Promotional Authority.--Funds authorized to be
appropriated under this or any other Act for necessary
expenses for administration and operation of the Federal
Highway Administration shall be available to purchase
promotional items of nominal value for use in the recruitment
of individuals and to promote the programs of the Federal
Highway Administration.''.
[(h) Facilitating Transportation Research and Technology
Deployment Partnerships.--Section 502(c) of title 23, United
States Code, as redesignated by this Act, is
[[Page S444]]
amended by striking paragraph (2) and inserting the
following:
[``(2) Cooperation, grants, contracts and agreements.--
Notwithstanding any other provision of law, the Secretary may
directly initiate contracts, cooperative research and
development agreements (as defined in section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a)), and other transactions to fund, and accept funds
from, the National Research Council/ Transportation Research
Board, American Association of State Highway and
Transportation Officials, State Departments of
Transportation, cities, and counties, and their agents to
conduct joint transportation research and technology
efforts.''.
[(i) Long-Term Pavement Performance Program.--
[(1) Surface transportation research.--Chapter 5 of title
23, United States Code is amended by adding after section 504
the following:
[``Sec. 505. Surface transportation research
[``(a) Authority.--The Secretary of Transportation shall
complete the 20-year long-term pavement performance program
tests initiated under the strategic highway research program
established under section 307(d) (as in effect on the day
before the date of enactment of this section) and continued
by the Intermodal Surface Transportation Efficiency Act of
1991 and the Transportation Equity Act For The 21st Century.
[``(b) Grants, Cooperative Agreements, and Contracts.--
Under the program, the Secretary shall make grants and enter
into cooperative agreements and contracts to--
[``(1) monitor, material-test, and evaluate highway test
sections in existence as of the date of the grant, agreement,
or contract;
[``(2) analyze the data obtained in carrying out
subparagraph (A); and
[``(3) prepare products to fulfill program objectives and
meet future pavement technology needs.''.
[(2) Conforming amendment.--The analysis for chapter 5 of
title 23 is amended by inserting after item 504 the
following:
[``505. Surface transportation research.''.
[(j) Procurement for Research, Development, and Technology
Transfer Activities.--Section 502(b) of title 23, United
States Code, as redesignated by this Act, is amended by
striking paragraph (3) and inserting the following:
[``(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 the
following: the National Academy of Sciences, the American
Association of State Highway and Transportation Officials, or
any Federal laboratory, Federal agency, State agency,
authority, association, institution, for-profit or nonprofit
corporation, organization, foreign country, or person.''.
[(k) Infrastructure Investment Needs Report.--
[(1) Title 23 amendment.--Section 502(h)(1) of title 23,
United States Code, as redesignated by this Act, is amended
by striking ``Not later than January 31, 1999, and January 31
of every second year thereafter,'' and inserting ``Not later
than July 31, 2004, and July 31 of every second year
thereafter,''.
[(2) Conforming amendment to title 49, united states
code.--Section 308(e)(1) of title 49, United States Code, is
amended by striking ``in March 1998, and in March of each
even-numbered year thereafter'' and inserting ``not later
than July 31, 2004, and July 31 of every second year
thereafter,''.
[SEC. 5202. SURFACE TRANSPORTATION ENVIRONMENT AND PLANNING
COOPERATIVE RESEARCH PROGRAM.
[(a) Surface Transportation Environment and Planning
Cooperative Research Program.--Chapter 5 of title 23, United
States Code, is amended by striking section 507 and inserting
the following:
[``Sec. 507. Surface transportation environment and planning
cooperative research program
[``(a) Establishment.--The Secretary shall establish and
support 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 or other
organization to support and carry out administrative and
management activities relating to the governance of the
surface transportation environment and planning cooperative
research program.
[``(c) Advisory Board.--The organization described in
subsection (b) shall select an advisory board drawn from core
partners that represent environment, transportation, and
neutral interests, including the Department of
Transportation, other Federal agencies, the States, local
governments, nonprofit entities, academia, and the private
sector.
[``(d) Governance.--The surface transportation environment
and planning cooperative research program established under
this section shall include the following administrative and
management elements:
[``(1) National research agenda.--The advisory board, in
consultation with core partners and other stakeholders, shall
develop and periodically update a national research agenda
for the surface transportation environment and planning
cooperative research program. The national research agenda
shall include a multi-year strategic plan.
[``(2) Stakeholder involvement.--Stakeholders 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 organization described in subsection (b) may
award 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 organization
described in subsection (b) may conduct periodic programmatic
evaluations on a regular basis.
[``(5) Dissemination of research findings.--The
organization described in subsection (b) shall disseminate
research findings to researchers, practitioners, and
decision-makers, through conferences and seminars, field
demonstrations, workshops, training programs, presentations,
testimony to Government officials, world wide web, and
publications for the general public.
[``(e) Contents.--The national research agenda for the
surface transportation environment and planning cooperative
research program required under subsection (c)(2) shall
include research in the following areas for the purposes
cited:
[``(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 decision making; expand
information on consumer choice processes and travel and
activity patterns for both local and long-distance trips and
both passenger and freight transportation analysis of social,
environmental, and
[[Page S445]]
economic benefits and cost of various transport options;
develop tools for measuring and forecasting complex
transportation decision for all modes and users; and develop
performance measures and policy analysis approaches that can
be used to determine effectiveness.
[``(7) Additional priorities.--Additional priorities to
identify and address the emerging and future surface
transportation research needs related to planning and
environment. --
[``(f) Funding.--In addition to using funds authorized for
this section, the organization that administers this program
may seek and accept additional funding sources from public
and private entities capable of attracting and accepting
funding from the United States Department of Transportation
(Federal Highway Administration, Federal Transit
Administration, Federal Railroad Administration, Research and
Special Programs Administration, and the National Highway
Traffic Safety Administration), Environmental Protection
Agency, Department of Energy, Fish and Wildlife and other
Federal environmental agencies, States, local governments,
nonprofit foundations, and the private sector.''.
[(b) Conforming Amendment.--The analysis for chapter 5 of
title 23, United States Code, is amended by striking the item
related to section 507 and inserting the following:
[``507. Surface transportation environment and planning cooperative
research program.''.
[SEC. 5203. LONG-TERM BRIDGE PERFORMANCE PROGRAM; INNOVATIVE
BRIDGE RESEARCH AND DEPLOYMENT PROGRAM.
[(a) Long-Term Bridge Performance Program.--Section 502 of
title 23, United States Code, is amended by striking 502(g),
as redesignated by this Act, and inserting the following:
[``(g) 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 in carrying out
subparagraph (A); and
[``(C) prepare products to fulfill program objectives and
meet future bridge technology needs.''.
[(b) Innovative Bridge Research and Deployment Program.--
[(1) In general.--Section 503(b) of title 23, United States
Code, is amended by striking 503(b)(1) and inserting:
[``(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 by
striking 503(b)(2) and inserting:
[``(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 and terrorist attacks;
[``(F) the documentation and wide dissemination of
objective evaluations of the performance and benefits of
these innovative designs, materials, and construction
methods; and
[``(G) the effective transfer of resulting information and
technology.''.
[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 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 the
applications based on whether the project that is the subject
of the grant meets the goals of the program described in
paragraph (2).'';
[(4) by striking paragraph (8);
[(5) by redesignating paragraph (9) as paragraph (10); and
[(6) by inserting after paragraph (7) the following:
[``(8) Technology and information transfer.--The Secretary
shall ensure that the information and technology resulting
from research conducted under paragraph (3) is made available
to State and local transportation departments and other
interested parties as specified by the Secretary.
[``(9) Federal share.--The Federal share of the cost of a
project under this section shall be determined by the
Secretary.''.
[(b) Innovative Pavement Research and Deployment Program.--
Section 503 of title 23, United States Code, is amended by
adding after subsection (b) 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, 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) 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.''.
[(c) Safety Innovation Deployment Program.--Section 503 of
title 23, United States Code, as amended by this Act, is
further amended by adding the following:
[``(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 grant meets the goals of the program described in
paragraph (2).
[``(4) Technology and information transfer.--The Secretary
shall take such action as is necessary to ensure that the
information and technology resulting from research conducted
under paragraph (3) is made available to State and local
transportation departments and other interested parties as
specified by the Secretary.
[``(5) Federal share.--The Federal share of the cost of a
project under this section shall be determined by the
Secretary.''.
[SEC. 5205. TRAINING AND EDUCATION.
[(a) National Highway Institute.--Section 504(a) of title
23, United States Code, is amended by striking paragraph (3)
and inserting the following:
[``(3) Courses.--The Institute may develop and administer
courses in modern developments, techniques, methods,
regulations, management, and procedures in areas including
surface transportation, environmental stewardship and
streamlining, acquisition of rights-of-way, relocation
assistance, engineering, safety, transportation system
management and operations, construction, maintenance,
contract administration, inspection, and highway finance.''.
[(b) Federal Share.--Section 504(b) of title 23, United
States Code, is amended by adding at the end the following:
[[Page S446]]
[``(3) Federal share.--
[``(A) Grants.--The grant funds authorized to carry out
this subsection may be used to cover up to 50 percent of the
program costs relating to local technical assistance. Funds
available for technology transfer and training purposes under
this title and title 49 may be used to cover the remaining 50
percent of the program costs.
[``(B) Tribal technical assistance centers.--The Federal
share of the cost of activities carried out by the tribal
technical assistance centers under paragraph (b)(2)(D)(ii) of
this subsection shall be 100 percent.''.
[(c) Surface Transportation Workforce Development,
Training, and Education.--Section 504 of title 23, United
States Code, is amended by adding at the end the following:
[``(d) Surface Transportation Workforce Development,
Training, and Education.--
[``(1) Funding.--Subject to project approval by the
Secretary, a State may obligate funds apportioned to it under
sections 104(b)(1), (3), and (4) and 144(e) of this title for
surface transportation workforce development, training and
education, including:
[``(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; or
[``(E) education outreach activities 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.''.
[(d) Definitions and Declaration of Policy.--Section 101(a)
of title 23, United States Code, as amended by this Act, is
further amended--
[(1) in paragraph (3), by--
[(A) striking ``and'' after subparagraph (H);
[(B) striking the period after subparagraph (I) and
inserting ``; and''; and
[(C) adding after subparagraph (I) the following:
[``(J) surface transportation workforce development,
training, and education.'';
[(2) by redesignating paragraphs (36) through (39), as
redesignated by this Act, as paragraphs (37) through (40)
respectively; and
[(3) by adding after paragraph (35), as redesignated by
this Act, the following:
[``(36) Surface transportation workforce development,
training, and education.--The term `surface transportation
workforce development, training, and education' means
activities associated with surface transportation career
awareness, student transportation career preparation, and
training and professional development for surface
transportation workers.''.
[SEC. 5206. 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 (``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 under section 5101(a)(1) of this Act to--
[(1) provide funding to State departments of transportation
and metropolitan planning organizations serving
transportation management areas designated under the
metropolitan planning section of chapter 52 of title 49,
United States Code, representing a diversity of populations,
geographic regions and analytic needs to implement TRANSIMS;
[(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).
[Subtitle C--Multimodal Research Programs; Scholarship Opportunities
[SEC. 5301. UNIVERSITY TRANSPORTATION RESEARCH.
[Section 5505 of title 49, United States Code, is revised
to read as follows:
[``Sec. 5505. University transportation research
[``(a) University Industry Government Partnerships.--The
Secretary of Transportation shall make grants to nonprofit
institutions of higher learning to address transportation
management and research and development matters, with
special attention to increasing the number of highly
skilled individuals entering the field of transportation.
[``(b) Objectives.--
[``(1) Each university receiving a grant under this section
shall conduct the following programs and activities:
[``(A) Basic and applied research that supports the
Department's transportation research agenda, the products of
which are judged by peers or other experts in the field to
advance the body of knowledge in transportation.
[``(B) An education program that includes multidisciplinary
course work, faculty and student participation in research,
and an opportunity for practical experience.
[``(C) An ongoing program of technology transfer that makes
the results of research and education activities broadly
available to potential users in a form that can be
implemented, utilized, or otherwise applied.
[``(2) Each university shall elect as its primary objective
either subsection (b)(1)(A) or (b)(1)(B) of this section and
shall direct at least 50 percent of total costs to the
accomplishment thereof.
[``(c) Selection of Grant Recipients.--
[``(1) In order to be eligible to receive a grant under
this section, a nonprofit institution of higher learning
shall submit to the Secretary an application that is in such
form and contains such information as the Secretary may
require.
[``(2) The Secretary shall select each recipient of a grant
under this section through a competitive process in which
applications are evaluated on the basis of the following:
[``(A) The demonstrated research and extension resources
available to the applicant to carry out this section.
[``(B) The capability of the applicant to provide
leadership in making national and regional contributions to
the solution of immediate and long-range transportation
problems.
[``(C) The applicant's demonstrated commitment of at least
$200,000 in regularly-budgeted institutional amounts each
year to support ongoing transportation research and education
programs.
[``(D) The amount of matching funds for which the applicant
has obtained binding commitments.
[``(E) Evidence of the applicant's research and education
partnerships with at least one private sector partner and at
least one non-Federal Government partner.
[``(F) The applicant's demonstrated ability to disseminate
results of transportation research and education programs
through national and statewide or regionwide continuing
education and capacity-building programs.
[``(G) The strategic plan the applicant proposes to achieve
the objectives of the grant and--
[``(i) if the applicant's primary objective is subsection
(b)(1)(A) of this section, the strategic plan shall include a
research plan that addresses more than one mode of
transportation; or
[``(ii) if the applicant's primary objective is subsection
(b)(1)(B) of this section, the strategic plan shall include
an education plan that addresses multimodal issues.
[``(d) Maintenance of Effort.--In order to be eligible to
receive a grant under this section, a recipient shall enter
into an agreement with the Secretary to ensure that the
recipient will maintain total expenditures from all other
sources to carry out the objectives of a grant at a level at
least equal to the average level of such expenditures in its
2 fiscal years prior to award of a grant under this section.
[``(e) Federal Share.--The Federal share of the costs of
activities carried out using a grant made under this section
shall not exceed 50 percent of costs. The non-Federal share
may include funds provided to a recipient under section 503,
or 104(i) of title 23, United States Code.
[``(f) Program Administration.--
[``(1) The Secretary shall conduct all grant management and
administration functions necessary to facilitate the
research, education, training, and technology transfer
activities that grant recipients carry out under this
section; to coordinate these activities among the grant
recipients; to ensure that the results of the research,
education, training and technology transfer activities are
widely disseminated; and to ensure the effective use of
program resources.
[``(2) At least annually and consistent with the plan
developed under section 508 of title 23, United States Code,
the Secretary shall review and evaluate programs the grant
recipients carry out.
[``(3) The Secretary may not use more than 1 percent of
amounts made available from Government sources to carry out
this subsection.
[``(g) Use of Transportation Research Information Services
(TRIS) Databases.--
[(1) Recipients of awards under this section shall make use
of the National Research Council (NRC), Transportation
Research Board (TRB), Transportation Research Information
Services (TRIS) online databases for the following purposes:
[``(A) Program development and strategic planning.
[``(B) Reporting of active R&T activities undertaken with
funding provided here.
[``(C) Input and dissemination of results and reports from
completed research.
[``(2) Recipients shall recommend a representative to serve
as liaison to the Transportation Research Board.
[[Page S447]]
[``(h) Limitation on Availability of Funds.-- Funds made
available to carry out this program shall remain available
for obligation for a period of 2 years after the last day of
the fiscal year for which such funds are authorized.''.
[SEC. 5302. MULTIMODAL RESEARCH PROGRAM.
[(a) In General.--Section 5506 of title 49, United States
Code, is revised to read as follows:
[``Sec. 5506. Multimodal research program
[``(a) Purpose.--The Secretary shall establish a program to
encourage and promote the research, development,
demonstration and testing of technologies that have
multimodal transportation applications, and shall foster
adoption of those technologies in transportation through
demonstration and testing to remove impediments to an
efficient, safe, and cost-effective national transportation
system.
[``(b) Other Research Activities.--To ensure the activities
performed pursuant to this section achieve the maximum
benefit, the Secretary, the Secretary of Energy, the
Administrator of the Environmental Protection Agency, and
other relevant Federal agencies shall coordinate their
research, development and demonstration activities related to
heavy-duty vehicle technologies and hydrogen transportation
and refueling infrastructure. Nothing in this section may be
construed to authorize the Secretary to conduct research,
development, demonstration or testing activities that the
Secretary of Energy or the Administrator of the Environmental
Protection Agency is authorized to conduct, or to modify the
authorities of the Secretary of Energy or the Administrator
of the Environmental Protection Agency.
[``(c) Advanced Heavy-Duty Vehicle Technologies.--
[``(1) The Secretary of Transportation shall conduct
research, development, demonstration and testing to integrate
emerging multimodal heavy-duty vehicle technologies in order
to provide seamless, safe, secure and efficient
transportation.
[``(2) There is authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this paragraph $24,000,000 for fiscal year 2005,
$25,000,000 for fiscal year 2006, $23,000,000 for fiscal year
2007, $18,000,000 for fiscal year 2008, and $10,000,000 for
fiscal year 2009.
[``(3) The funding made available under paragraph (2) of
this subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of
title 23 and shall be subject to any obligation limitation
imposed on funds for Federal-aid highways and highway safety
construction programs.
[``(d) Hydrogen Infrastructure Safety Research and
Development.--
[``(1) The Secretary of Transportation is authorized to
conduct research, development, demonstration and testing on
the safety aspects of hydrogen transportation and refueling
infrastructure necessary to support the use of next
generation vehicle technologies.
[``(2) To carry out this subsection, there is authorized to
be appropriated $1,000,000 for fiscal years 2004, $15,000,000
for fiscal year 2005, $13,000,000 for fiscal year 2006,
$11,000,000 for fiscal year 2007, $9,000,000 for fiscal year
2008, and $6,000,000 for fiscal year 2009.
[``(e) Grants, Cooperative Agreements, and Other
Transactions.-- The Secretary may enter into grants,
cooperative agreements, and other transactions with Federal
and other public agencies (including State and local
governments) and private organizations and other persons to
carry out this section.
[``(f) Cost Sharing.--At least 50 percent of the funding
for projects authorized in this section must be provided by
non-Federal sources.''.
[(b) Conforming Amendment.--The analysis of chapter 55 of
title 49, United States Code, is amended by substituting the
following for the item designated 5506:
[``Sec. 5506. Multimodal research program.''.
[SEC. 5303. COMMERCIAL REMOTE SENSING PRODUCTS.
[Section 5113 of the Transportation Equity Act of the 21st
Century (23 U.S.C. 502 note) is amended by revising
subsection (b) to read as follows:
[``(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 (b)(1)
of this section.''.
[SEC. 5304. TRANSPORTATION SCHOLARSHIP OPPORTUNITIES PROGRAM.
[(a) In General.--(1) The Secretary may establish and
implement a scholarship program for the purpose of attracting
qualified students for transportation-related critical jobs.
[(2) The Secretary may accomplish this objective by
developing a program in partnership with appropriate non-
governmental institutions.
[(b) Participation and Funding.--An operating
administration of the Department of Transportation and the
Office of Inspector General of the Department of
Transportation (DOT) may participate in the scholarship
program. Notwithstanding any other law, the Secretary may use
funds available to an operating administration or from the
Office of Inspector General for the purpose of carrying out
this provision.
[Subtitle D--Transportation Data and Analysis
[SEC. 5401. BUREAU OF TRANSPORTATION STATISTICS.
[Section 111 of title 49, United States Code, is amended by
deleting subsections (b) through (k) and inserting the
following new subsections, as follows:
[``(b) Director.--
[``(1) The Bureau shall be headed by a Director, who shall
be appointed by the President, by and with the advice and
consent of the Senate.
[``(2) The Director shall be appointed from among
individuals who are qualified to serve by virtue of their
training and experience in the collection, analysis and use
of transportation data.
[``(3) The Director shall report directly to the Secretary
of Transportation.
[``(4) The term of the Director shall be 4 years. The
Director may continue to serve after the expiration of the
term until a successor is appointed and confirmed.
[``(c) Responsibilities.--The Director of the Bureau shall
serve as the Secretary's senior advisor on data and
statistics and be responsible for carrying out the following
duties:
[``(1) Collecting, analyzing and disseminating data
concerning the domestic and international movement of
freight.
[``(2) Collecting, analyzing and disseminating data
concerning travel patterns for local and long-distance
travel, at the local, State, national and international
levels.
[``(3) Developing, analyzing and disseminating information
on the economics of transportation.
[``(4) Building and disseminating the transportation layer
of the National Spatial Data Infrastructure, including
coordinating the development of transportation geospatial
data standards, compiling intermodal geospatial data, and
collecting geospatial data that is not being collected by
others.
[``(5) Developing, publishing and disseminating a
comprehensive set of measures of investment, use, costs,
performance and impacts of the national transportation
system, including publishing an annual transportation
statistics abstract; and identifying information needs and
reviewing such needs at least annually with the Advisory
Council on Transportation Statistics.
[``(6) Conducting or supporting research relating to
methods of gathering or analyzing transportation statistics
and issuing guidelines for the collection of information by
the Department in order to ensure that such information is
accurate, relevant, comparable, accessible and in a form that
permits systematic analysis.
[``(d) Coordinating Collection of Information.--The
Director shall work with the operating administrations of the
Department to establish and implement the Bureau's data
programs and to improve the coordination of information
collection efforts with other Federal agencies.
[``(e) Supporting Transportation Decisionmaking.--The
Director shall ensure that the statistics compiled under this
section are relevant for transportation policy, planning, and
decision making by the Federal Government, State and local
governments, transportation-related associations, private
businesses, and the public. The Director shall provide, to
the Department's other operating administrations, technical
assistance on collecting, compiling, analyzing and verifying
transportation data and statistics and the design of surveys.
[``(f) Research and Development Grants.--
[(1) The Secretary may make grants to, or enter into
cooperative agreements or contracts with, public and
nonprofit private entities (including State transportation
departments, metropolitan planning organizations, and
institutions of higher education) if the grants--
[``(A) provide for an alternative means of accomplishing
program-related research;
[``(B) contribute to research and development of new
methods of data collection; or
[``(C) improve the methods for sharing geographic data.
[``(2) Not more than $500,000 of the amounts made available
to carry out this section in a fiscal year may be used for
Research and Development Grants.
[``(g) Transportation Statistics Annual Report.--By March
31 of each year, the Director shall transmit to the President
and Congress a report that includes information on the
subjects covered by subsection (c) of this section,
documentation of the methods used to obtain the information
and ensure the quality of the statistics presented in the
report, and recommendations for improving transportation
statistical information.
[``(h) Proceeds of Data Product Sales.--Notwithstanding
section 3302 of title 31, United States Code, funds received
by the Bureau from the sale of data products, for necessary
expenses incurred, may be credited to the Highway Trust Fund
(other than the Mass Transit Account) for the purpose of
reimbursing the Bureau for the expenses.
[``(i) Limitations on Statutory Construction.--Nothing in
this section shall be construed to--
[``(1) authorize the Bureau to require any other department
or agency to collect data; or
[[Page S448]]
[``(2) reduce the authority of any other officer of the
Department of Transportation to collect and disseminate data
independently.
[``(j) Mandatory Response Authority for Freight Data
Collection.--Whoever, being the owner, official, agent,
person in charge, or assistant to the person in charge, of
any corporation, company, business, institution,
establishment, or organization of any nature whatsoever,
neglects or refuses, when requested by the Director or other
authorized officer, employee or contractor of the Bureau, to
answer completely and correctly to the best of his/her
knowledge all questions relating to the corporation, company,
business, institution, establishment, or other organization,
or to records or statistics in his/her official custody,
contained in a data collection request prepared and submitted
under the authority of subsection (c)(1), shall be fined not
more than $500; and if the individual willfully gives a false
answer to a question, shall be fined not more than $10,000.
[``(k) Prohibition on Certain Disclosures.--
[``(1) An officer, employee or contractor of the Bureau may
not--
[``(A) make any disclosure in which the data provided by an
individual or organization under subsection (c) can be
identified;
[``(B) use the information provided under subsection (c)
for a nonstatistical purpose; or
[``(C) permit anyone other than an individual authorized by
the Director to examine any individual report provided under
subsection (c).
[``(2)(A) No department, bureau, agency, officer, or
employee of the United States (except the Director in
carrying out this section) may require, for any reason, a
copy of any report that has been filed under subsection
(c) with the Bureau or retained by an individual
respondent.
[``(B) A copy of a report described in subparagraph (A)
that has been retained by an individual respondent or filed
with the Bureau or any of its employees, contractors, or
agents--
[``(i) shall be immune from legal process; and
[``(ii) shall not, without the consent of the individual
concerned, be admitted as evidence or used for any purpose in
any action, suit, or other judicial or administrative
proceeding.
[``(C) This subsection shall apply only to reports that
permit information concerning an individual or organization
to be reasonably inferred by direct or indirect means.
[``(3) In a case in which the Bureau is authorized by
statute to collect data or information for a nonstatistical
purpose, the Director shall clearly distinguish the
collection of the data or information, by rule and on the
collection instrument, so as to inform a respondent that is
requested or required to supply the data or information of
the nonstatistical purpose.
[``(l) 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.
[``(m) Advisory Council on Transportation Statistics.--
[``(1) The Bureau of Transportation Statistics has an
Advisory Council on Transportation Statistics.
[``(2) It shall be the function of the advisory council
established under this subsection to advise the Director of
the Bureau of Transportation Statistics on transportation
statistics and analyses, including whether or not the
statistics and analysis disseminated by the Bureau of
Transportation Statistics are of high quality and are based
upon the best available objective information.
[``(3) The advisory council established under this
subsection shall be composed of not more than 6 members
appointed by the Director who are not officers or employees
of the United States and who have expertise in transportation
data collection or analysis or application (except for 1
member who shall have expertise in economics and 1 member who
shall have expertise in statistics).
[``(4) The Federal Advisory Committee Act (5 App. U.S.C.)
shall apply to the advisory council established under this
section, except that section 14 of the Federal Advisory
Committee Act shall not apply to the Advisory Committee
established under this section.''.
[Subtitle E--Intelligent Transportation Systems Research
[SEC. 5501. SHORT TITLE.
[This subtitle may be cited as the ``Intelligent
Transportation Systems Act of 2003''.
[SEC. 5502. 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
vehicles, passenger vehicles, and motorcycles, including
individuals with disabilities; and
[(5) Improvement of the Nation's ability to respond to
security related or other man made emergencies and natural
disasters and enhancement of national defense mobility.
[(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 system;
[(6) support the application of intelligent transportation
systems that increase the safety and efficiency of commercial
vehicle operations; and
[(7) develop a workforce capable of developing, operating,
and maintaining intelligent transportation systems.
[SEC. 5503. 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
United States private sector, the Federal laboratories, and
colleges and universities, including historically black
colleges and universities and other minority institutions of
higher education.
[(d) Consultation With Federal Officials.--In carrying out
the intelligent transportation system program, the Secretary,
as appropriate, shall consult with the Secretary of Commerce,
the Secretary of the Treasury, the Administrator of the
Environmental Protection Agency, the Secretary of Homeland
Security, the Director of the National Science Foundation,
and the heads of other Federal departments and agencies.
[(e) Technical Assistance, Training, and Information.--The
Secretary may provide technical assistance, training, and
information to State and local governments seeking to
implement, operate, maintain, or evaluate intelligent
transportation system technologies and services.
[(f) Transportation Planning.--The Secretary may provide
funding to support adequate consideration of transportation
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; and
[(B) on request, make that information (except for
proprietary information and data) readily available to all
users of the repository at an appropriate cost.
[(2) 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) of this
subsection.
[(B) Federal financial assistance.--If the Secretary
delegates the responsibility, the entity to which the
responsibility is delegated shall be eligible for Federal
financial assistance under this section.
[(h) Advisory Committees.--
[(1) In general.--In carrying out this subtitle, the
Secretary may use one or more advisory committees.
[(2) Applicability of federal advisory committee act.--Any
advisory committee so used shall be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
[(i) Evaluations.--
[(1) Guidelines and requirements.--
[(A) In general.--The Secretary shall issue guidelines and
requirements for the
[[Page S449]]
evaluation of operational tests and deployment projects
carried out under this subtitle.
[(B) Objectivity and independence.--The guidelines and
requirements issued under subparagraph (A) shall include
provisions to ensure the objectivity and independence of the
evaluator so as to avoid any real or apparent conflict of
interest or potential influence on the outcome by parties to
any such test or deployment project or by any other formal
evaluation carried out under this subtitle.
[(C) Funding.--The guidelines and requirements issued under
subparagraph (A) shall establish evaluation funding levels
based on the size and scope of each test or project that
ensure adequate evaluation of the results of the test or
project.
[(2) Special rule.--Any survey, questionnaire, or interview
that the Secretary considers necessary to carry out the
evaluation of any test, deployment project, or program
assessment activity under this subtitle shall not be subject
to chapter 35 of title 44.
[(j) Use of Rights-of-Way.--Intelligent transportation
system projects specified in sections 5117(b)(3) and
5117(b)(6) of the Transportation Equity Act for the 21st
Century and involving privately owned intelligent
transportation system components that are carried out using
funds made available from the Highway Trust Fund shall not be
subject to any law or regulation of a State or political
subdivision of a State prohibiting or regulating commercial
activities in the rights-of-way of a highway for which
Federal-aid highway funds have been utilized for planning,
design, construction, or maintenance, if the Secretary of
Transportation determines that such use is in the public
interest. Nothing in this subsection shall affect the
authority of a State or political subdivision of a State to
regulate highway safety.
[SEC. 5504. NATIONAL ARCHITECTURE AND STANDARDS.
[(a) In General.--
[(1) Development, implementation, and maintenance.--
Consistent with section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110
Stat. 783), the Secretary shall develop, implement, and
maintain a national architecture and supporting standards and
protocols to promote the widespread use and evaluation of
intelligent transportation system technology as a component
of the surface transportation systems of the United States.
[(2) Interoperability and efficiency.--To the maximum
extent practicable, the national architecture shall promote
interoperability among, and efficiency of, intelligent
transportation system technologies implemented throughout the
United States.
[(3) Use of standards development organizations.--In
carrying out this section, the Secretary may use the services
of such standards development organizations as the Secretary
determines to be appropriate.
[(b) Provisional Standards.--
[(1) In general.--If the Secretary finds that the
development or balloting of an intelligent transportation
system standard jeopardizes the timely achievement of the
objectives identified in subsection (a), the Secretary may
establish a provisional standard after consultation with
affected parties, and using, to the extent practicable, the
work product of appropriate standards development
organizations.
[(2) Period of effectiveness.--A provisional standard
established under paragraph (1) or (2) shall be published in
the Federal Register and remain in effect until the
appropriate standards development organization adopts and
publishes a standard.
[(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 ITS 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 subtitle, if the Secretary determines that the
upgrade or expansion--
[(i) would not adversely affect the goals or purposes of
this subtitle;
[(ii) is carried out before the end of the useful life of
such system; and
[(iii) is cost-effective as compared to alternatives that
would meet the conformity requirement of paragraph (1).
[(3) Exceptions.--Paragraph (1) shall not apply to funds
used for operation or maintenance of an intelligent
transportation system in existence on the date of enactment
of this subtitle.
[SEC. 5505. 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;
[(2) enhance safety through improved crash-avoidance and
protection, crash and other notification, commercial vehicle
operations, and infrastructure-based or cooperative safety
systems;
[(3) enhance security through improved response to security
related emergencies, and improved transportation security
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. 5506. USE OF FUNDS.
[(a) Outreach and Public Relations Limitation.--
[(1) In general.--For each fiscal year, not more than
$5,000,000 of the funds made available to carry out this
subtitle shall be used for intelligent transportation system
outreach, public relations, displays, scholarships, tours,
and brochures.
[(2) Applicability.--Paragraph (1) shall not apply to
intelligent transportation system training or the publication
or distribution of research findings, technical guidance, or
similar documents.
[(b) Infrastructure Development.--Funds made available to
carry out this subtitle for operational tests--
[(1) shall be used primarily for the development of
intelligent transportation system infrastructure; and
[(2) to the maximum extent practicable, shall not be used
for the construction of physical highway and transit
infrastructure unless the construction is incidental and
critically necessary to the implementation of an intelligent
transportation system project.
[SEC. 5507. DEFINITIONS.
[In this subtitle, the following definitions apply:
[(1) Incident.-- In this section, the term ``incident''
means a crash, a natural disaster, work zone activity,
special event, or other emergency road user occurrence that
adversely affects or impedes the normal flow of traffic.
[(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 title 23,
United States Code, as amended by section 1701 of this Act.
[SEC. 5508. REPEAL.
[The Transportation Equity Act for the 21st Century is
amended by striking subtitle C of title V.
[TITLE VI--TRANSPORTATION PLANNING; INTERMODAL FACILITIES
[SEC. 6001. TRANSPORTATION PLANNING.
[(a) In General.--Subtitle III of title 49, United States
Code, is amended by adding the following after chapter 51:
[[Page S450]]
[``CHAPTER 52--TRANSPORTATION PLANNING
[``Sec.
[``5201. Policy.
[``5202. Definitions.
[``5203. Metropolitan transportation planning.
[``5204. Statewide transportation planning.
[``Sec. 5201. Policy
[``(a) 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
and water pollution through metropolitan and statewide
transportation planning processes identified in this chapter;
[``(2) encourage the continued improvement and evolution of
the metropolitan and statewide transportation planning
processes by metropolitan planning organizations, State
Departments of Transportation, and public transit operators
through the use of performance-based approaches in the
development of transportation plans and investments as guided
by the planning factors identified in subsection 5203(f) and
5204(d) of this chapter; and
[``(3) encourage private enterprise participation in
projects and transportation services.
[``(b) The provisions of sections 5203-5204 of this chapter
shall be jointly administered by the Federal Highway and
Federal Transit Administrators.
[``Sec. 5202. Definitions
[``(a) Unless otherwise specified in subsection (b), the
definitions in section 101(a) of title 23 and section 5302 of
this title are applicable to this chapter.
[``(b) As used in this chapter--
[``(1) Consultation.--The term `consultation' means that
one party confers with another identified party in accordance
with an established process and, prior to taking action(s),
considers that party's views and periodically informs that
party about action(s) taken.
[``(2) Metropolitan planning area.--The term `metropolitan
planning area' means the geographic area determined by
agreement between the metropolitan planning organization and
the Governor as defined in section 5203(c) of this title.
[``(3) Metropolitan planning organization (MPO).--The term
`metropolitan planning organization' means the Policy Board
of the organization created as a result of the designation
process defined in section 5203(b) of this title.
[``(4) Non-metropolitan area.--The term `non-metropolitan
area' means the geographic area outside designated
metropolitan planning areas.
[``(5) Non-metropolitan local official.--The term `non-
metropolitan local official' means elected and appointed
officials of general purpose local government, in non-
metropolitan areas, with jurisdiction/responsibility for
transportation.
[``(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.
[``(7) State.--The term `State' means a State of the United
States, the District of Columbia, and Puerto Rico.
[``Sec. 5203. Metropolitan transportation planning
[``(a) General Requirements.--
[``(1) Development of plans.--To accomplish the objectives
stated in section 5201, metropolitan planning organizations
designated under subsection (b) of this section, in
cooperation with the State and public transportation
operators, shall develop transportation plans for
metropolitan planning areas of the State.
[``(2) Contents.--The plans for each metropolitan area
shall provide for the development and integrated management
and operation of transportation systems and facilities
(including pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal
transportation system for the metropolitan planning area and
as an integral part of an intermodal transportation system
for the State and the United States.
[``(3) Process of development.--The process for developing
the plans shall provide for consideration of all modes of
transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.
[``(4) Planning and project development.--The metropolitan
planning organization, the State Department of
Transportation, and the appropriate public transportation
provider shall agree upon the approaches that will be used to
evaluate alternatives and identify transportation
improvements that address the most complex problems and
pressing transportation needs in the metropolitan area.
[``(b) Designation of Metropolitan Planning
Organizations.--
[``(1) In general.--To carry out the transportation
planning process required by this section, a metropolitan
planning organization (MPO) shall be designated for each
urbanized area with a population of more than 50,000
individuals--
[``(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 identified 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 plans and programs for adoption by a
metropolitan planning organization; and
[``(B) develop long-range capital plans, coordinate transit
services and projects, and carry out other activities
pursuant to State law.
[``(4) Continuing designation.--A designation of a
metropolitan planning organization under this subsection or
any other provision of law shall remain in effect until the
metropolitan planning organization is redesignated under
paragraph (5).
[``(5) Redesignation 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 Office of Management and Budget.
[``(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.), the boundaries of the metropolitan planning
area in existence as of the date of enactment of this
paragraph shall be retained, except that the boundaries
may be adjusted by agreement of the Governor and affected
metropolitan planning organizations in the manner
described in subsection (c)(5).
[``(5) New metropolitan planning areas in nonattainment.--
In the case of an urbanized area designated after the date of
enactment of this paragraph in a nonattainment area for ozone
or carbon monoxide, the boundaries of the metropolitan
planning area--
[``(A) shall be established in the manner described in
subsection (b)(1);
[``(B) shall encompass the areas described in paragraph
(c)(2)(A);
[``(C) may encompass the areas described in paragraph
(c)(2)(B); and
[``(D) may address any nonattainment identified under the
Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon
monoxide.
[``(d) Coordination in Multistate Areas.--
[``(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan area and the appropriate metropolitan planning
organizations to provide coordinated transportation planning
for the entire metropolitan area.
[``(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
[``(A) to enter into agreements or compacts, not in
conflict with any law of the United States, for cooperative
efforts and mutual assistance in support of activities
authorized under this section as the activities pertain to
interstate areas and localities within the States; and
[[Page S451]]
[``(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 5204.
[``(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 of this title, not more than
1 percent of the funds allocated under section 202 of title
23 may be used to carry out the transportation planning
process for the Lake Tahoe region under this subparagraph.
[``(D) Activities.--Highway projects included in
transportation plans developed under this paragraph--
[``(i) shall be selected for funding in a manner that
facilitates the participation of the Federal land management
agencies that have jurisdiction over land in the Lake Tahoe
region; and
[``(ii) may, in accordance with chapter 2 of title 23, be
funded using funds allocated under section 202 of title 23.
[``(e) Coordination of MPOS.--
[``(1) Nonattainment areas.--If more than 1 metropolitan
planning organization has authority within a metropolitan
area or an area which is designated as a nonattainment area
for ozone or carbon monoxide under the Clean Air Act, each
metropolitan planning organization shall consult with the
other metropolitan planning organizations designated for such
area and the State in the coordination of plans required
by this section.
[``(2) Transportation improvements located in multiple
mpos.--If a transportation improvement, funded from the
highway trust fund, is located within the boundaries of more
than 1 metropolitan planning area, the metropolitan planning
organizations shall coordinate plans regarding the
transportation improvement.
[``(3) Interregional and interstate project impacts.--
Planning for NHS, commuter rail projects or other projects
with substantial impacts outside a single metropolitan
planning area or State shall be coordinated directly with the
affected, contiguous MPOs and States.
[``(4) Coordination with other planning processes.--The
Secretary shall encourage each MPO to coordinate its planning
process, to the maximum extent practicable, with those
officials responsible for other types of planning activities
that are affected by transportation, including State and
local planned growth, economic development, environmental
protection, airport operations, and freight. The metropolitan
planning process shall develop transportation plans with due
consideration of, and in coordination with, other related
planning activities within the metropolitan area. This should
include the design and delivery of transportation services
within the metropolitan area that are provided by--
[``(A) recipients of assistance under chapter 53 of this
title;
[``(B) governmental agencies and nonprofit organizations
(including representatives of the agencies and organizations)
that receive Federal assistance from a source other than the
Department of Transportation to provide non-emergency
transportation services; and
[``(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 to--
[``(A) support the economic vitality of the metropolitan
area, especially by enabling global competitiveness,
productivity, and efficiency, including through services
provided by public and private operators;
[``(B) increase the safety of the transportation system for
motorized and nonmotorized users;
[``(C) increase the security of the transportation system
for motorized and nonmotorized users;
[``(D) increase the accessibility and mobility of people
and for freight, including through services provided by
public and private operators;
[``(E) protect and enhance the environment, promote energy
conservation, and promote consistency between transportation
improvements and State and local planned growth and economic
development patterns;
[``(F) enhance the integration and connectivity of the
transportation system, across and between modes, for people
and freight, including through services provided by public
and private operators;
[``(G) promote efficient system management and operation;
and
[``(H) emphasize the preservation of the existing
transportation system, including services provided by public
and private operators.
[``(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) shall not be
reviewable by any court under title 23 or this title,
subchapter II of chapter 5 of title 5, or chapter 7 of title
5 in any matter affecting a transportation plan, a
transportation improvement plan, a project or strategy, or
the certification of a planning process.
[``(g) Development of Transportation Plan.--
[``(1) In general.--Each metropolitan planning organization
shall prepare, and update at least every five years a
transportation plan for its metropolitan planning area in
accordance with the requirements of this subsection.
[``(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 but not necessarily limited to major roadways,
transit, multimodal and intermodal facilities, and intermodal
connectors) that should function as an integrated
metropolitan transportation system, giving emphasis to those
facilities that serve important national and regional
transportation functions. In formulating the transportation
plan, the metropolitan planning organization shall consider
factors described in subsection (f) as such factors relate to
a 20-year forecast period.
[``(B) A financial plan that demonstrates how the adopted
transportation plan can be implemented, indicates resources
from public and private sources that are reasonably expected
to be made available to carry out the plan, and recommends
any additional financing strategies for needed projects and
programs. The financial plan may include, for illustrative
purposes, additional projects that would be included in the
adopted transportation plan if reasonable additional
resources beyond those identified in the financial plan were
available. However, no illustrative project may be advanced
without an action of the Secretary. For the purpose
of developing the transportation plan, the metropolitan
planning organization, transit operator and State shall
cooperatively develop estimates of funds that will be
available to support plan implementation.
[``(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 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
transportation plan with the process for development of the
transportation control measures of the State implementation
plan required by the Clean Air Act.
[``(4) Transportation conformity.--
[``(A) For the purposes of Section 7506 of title 42, United
States Code, the transportation plan shall be considered to
be a transportation plan or a portion of a transportation
plan, developed pursuant to this section that extends for the
longest of the following periods--
[``(i) the first 10-year period of any such plan,
[``(ii) the latest year in the area's applicable
implementation plan which contains a motor vehicle emissions
budget, or
[``(iii) the completion date of a regionally significant
project, if the project requires approval before the
subsequent conformity determination.
[``(B) A regional motor vehicle emissions analysis for the
last year of the transportation plan shall be developed for
information purposes only, if such year extends beyond the
time frame established by subparagraph (A). The results of
the analysis shall be provided to involved governors, the
Administrator of the Environmental Protection Agency, and the
Secretary of the Department of Transportation, and should be
considered by air quality and transportation
[[Page S452]]
planning agencies in subsequent updates of air quality and
transportation plans. The results of this analysis shall be
made available to the public.
[``(5) Participation by interested parties.--Before the
approval of a transportation plan by the Governor and
metropolitan planning organization, each metropolitan
planning organization shall provide citizens, affected public
agencies, representatives of public transportation employees,
freight shippers, providers of freight transportation
services, private providers of transportation,
representatives of users of public transit, representatives
of users of pedestrian walkways and bicycle transportation
facilities, and other interested parties with a reasonable
opportunity to comment on the transportation plan, in a
manner that the Secretary deems appropriate.
[``(6) Approval of transportation plan.--
[``(A) Each transportation plan prepared by a metropolitan
planning organization shall be--
[``(i) approved by the MPO, and
[``(ii) submitted to the Governor for approval of the first
five years of the plan.
[``(B) The projects listed in the first five years of the
plan may be selected for advancement consistent with the
project selection requirements. Major amendments (addition,
deletion, or concept and scope change of a regionally
significant project) to this list would require appropriate
public involvement, financial planning, transportation
conformity analyses and a finding by the FHWA and FTA that
the amended plan was produced in a manner consistent with
this section.
[``(7) Included projects.--
[``(A) Projects under chapter 1 of title 23 and chapter 53
of title 49.--A transportation plan developed under this
section for a metropolitan area shall include the projects
and strategies within the area that are proposed for funding
under chapter 1 of title 23 and chapter 53 of title 49.
[``(B) Projects under chapter 2 of title 23--regionally
significant projects.--Regionally significant projects
proposed for funding under chapter 2 of title 23 shall be
identified individually in the metropolitan transportation
plan.
[``(C) Other projects.--Projects proposed for funding
under chapter 2 of title 23 that are not determined to be
regionally significant shall be grouped in 1 line item or
identified individually in the metropolitan transportation
plan.
[``(8) Selection of projects.--
[``(A) In general.--Except as otherwise provided in
subsection (h)(4) the selection of federally funded projects
in metropolitan planning areas shall be carried out, from the
approved transportation plan--
[``(i) by--
[``(I) in the case of projects under chapter 1 of title 23,
the State;
[``(II) in the case of projects under section 5307 of this
title, the designated transit funding recipients; and
[(III) in the case of projects under 5308, 5310, 5311, and
5317, the State; 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 from the first five years of
the plan included in the approved transportation plan in
place of another project in the same five-year period.
[``(9) Publication.--
[``(A) Publication of transportation plan.--A
transportation plan involving federal participation shall be
published or otherwise made readily available by the
metropolitan planning organization for public review.
[``(B) Publication of annual listings of projects.--An
annual listing of projects, including investments in
pedestrian walkways and bicycle transportation facilities,
for which Federal funds have been obligated in the preceding
five years shall be published or otherwise made available by
the cooperative effort of the State, transit operator and the
metropolitan planning organization for public review. The
listing shall be consistent with the funding categories
identified in the first five years of the transportation
plan.
[``(h) Transportation Management Areas.--
[``(1) Required identification.--The Secretary shall
identify as a transportation management area each urbanized
area (as defined by the Bureau of the Census) with a
population of over 200,000 individuals.
[``(2) Transportation plans.--In a metropolitan planning
area serving a transportation management area, transportation
plans shall be based on a continuing and comprehensive
transportation planning process carried out by the
metropolitan planning organization in cooperation with the
State and transit operators.
[``(3) Congestion management system.--Within a metropolitan
planning area serving a transportation management area, the
transportation planning process under this section shall
address congestion management through a process that provides
for effective management and operation, based on a
cooperatively developed and implemented metropolitan-wide
strategy, of new and existing transportation facilities
eligible for funding under title 23 and chapter 53 of this
title through the use of travel demand reduction and
operational management strategies. The Secretary shall
establish an appropriate phase-in schedule for compliance
with the requirements of this section but no sooner than one-
year after the identification of a transportation management
area.
[``(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 of
this title shall be selected for implementation from the
approved transportation plan by the metropolitan planning
organization designated for the area in consultation with the
State and any affected public transit operator.
[``(B) National highway system projects.--Projects, carried
out within the boundaries of a metropolitan planning area
serving a transportation management area, on the National
Highway System and projects carried out within such
boundaries under the bridge program or the Interstate
maintenance program under title 23 shall be selected for
implementation from the approved transportation plan by the
State in cooperation with the metropolitan planning
organization designated for the area.
[``(5) Certification.--
[``(A) In general.--The Secretary shall--
[``(i) ensure that the metropolitan planning process of an
MPO serving a transportation management area is being carried
out in accordance with applicable provisions of Federal law;
and
[``(ii) subject to subparagraph (B), certify, not less
often than once every 5 years that the requirements of this
paragraph are met with respect to the metropolitan planning
process.
[``(B) Requirements for certification.--The Secretary may
make the certification under subparagraph (A) if--
[``(i) the transportation planning process complies with
the requirements of this section and other applicable
requirements of Federal law; and
[``(ii) there is a transportation plan 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 an metropolitan planning organization
serving a TMA is not certified, the Secretary may withhold a
portion or all of the funds available to metropolitan
planning area of the metropolitan planning organization for
projects funded under title 23 and chapter 53 of this title.
[``(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.
[``(i) 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 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 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.).
[``(j) Additional Requirements for Certain Nonattainment
Areas.--
[``(1) In general.--Notwithstanding any other provisions of
title 23 or chapter 53 of this title, for transportation
management areas classified as nonattainment for ozone or
carbon monoxide pursuant to the Clean Air Act, Federal funds
may not be advanced in such area for any highway project that
will result in a significant increase in carrying capacity
for single-occupant vehicles unless the project is addressed
through a congestion management process.
[``(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning area
boundaries determined under subsection (c).
[``(k) Limitation on Statutory Construction.--Nothing in
this section shall be construed to confer on a metropolitan
planning organization the authority to impose legal
requirements on any transportation facility, provider, or
project not eligible under title 23 or chapter 53 of this
title.
[``(l) Funding.--Funds set aside under section 104(f) of
title 23 or section 5305(h) of this title shall be available
to carry out this section.
[``(m) Continuation of Current Review Practice.--Since
plans described in this section are subject to a reasonable
opportunity for public comment, individual projects included
in plans are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
and decisions by the Secretary concerning plans described in
this section have not been reviewed under such Act as of
January 1, 1997, any decision by the Secretary concerning a
plan described in this section shall not be considered to be
[[Page S453]]
a Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
[``(n) Relationship to the NEPA Process.--
[``(1) To expedite the planning and development of
transportation improvements in compliance with this section
and section 5204 and the National Environmental Policy Act
(42 U.S.C. 4321 et seq.), to facilitate compliance with the
Clean Water Act (33 U.S.C. 1251 et seq.) and other Federal
environmental laws, and to fulfill the directive in section
1308 of the Transportation Equity Act for the 21st Century,
Public Law 105-206, to integrate the major investment study
requirement into the transportation planning and National
Environmental Policy Act processes, the Secretary and heads
of other Federal agencies shall presume that the results of
studies developed as part of the planning process establish
the basis for an environmental assessment or impact
statement, provided that such studies, pursuant to the
provisions of this section--
[``(A) are consistent with subsection (a)(4) of this
section;
[``(B) provided opportunities for citizens and interested
parties to participate during the studies;
[``(C) included consideration of an appropriate range of
alternatives, such as alternative modes, technologies,
general alignments, and policies; and
[``(D) considered the planning factors of subsection
(f)(1).
[``(2) The results of studies developed as part of the
planning process and that are presumed to establish the basis
for an environmental assessment or impact statement, as
described in subsection (1) of this section, include, but are
not limited to--
[``(A) the purpose and need;
[``(B) the alternatives selected for evaluation in an
environmental assessment or impact statement; and
[``(C) an assessment of environmental impacts related to
development growth, including indirect and cumulative
effects, that is consistent with local land use, growth
management, or development plans.
[``(3) The results of studies developed during the planning
process may be appended to or incorporated by reference in
and used to substantiate an environmental assessment or
impact statement.
[``Sec. 5204. Statewide transportation planning
[``(a) General Requirements.--
[``(1) Development of plans and programs.--To accomplish
the objectives stated in section 5201, each State shall
develop a statewide transportation plan and a statewide
Transportation Improvement Program (STIP) for all areas of
the State subject to section 5203.
[``(2) Contents.--The statewide transportation plan and the
STIP developed for each State shall provide for the
development and integrated management and operation of
transportation systems and facilities (including pedestrian
walkways and bicycle transportation facilities) that will
function as an intermodal transportation system for the State
and an integral part of an intermodal transportation system
for the State and an integral part of an intermodal
transportation system for the United States.
[``(3) Process of development.--The process for developing
the statewide plan and the STIP shall provide for
consideration of all modes of transportation and the policies
stated in section 5201, and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.
[``(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 5203 of this title for metropolitan areas of the
State and with other related Statewide planning activities
such as trade and economic development and related multi-
State planning efforts,
[``(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42
U.S.C. 7401 et seq.), and
[``(3) participate in the integration of planning and
environmental studies pursuant to section 5203(n) of this
chapter.
[``(c) Interstate Agreements.--The consent of Congress is
granted to 2 or more States entering into agreements or
compacts, not in conflict with any law of the United States,
for cooperative efforts and mutual assistance in support of
activities authorized under this section related to
interstate areas and localities in the States and
establishing authorities the States consider desirable for
making the agreements and compacts effective.
[``(d) Scope of Planning Process.--
[``(1) In general.--Each State shall carry out a statewide
transportation planning process that provides for
consideration of projects, strategies and implementing
projects and services that will--
[``(A) support the economic vitality of the United States,
the States, non-metropolitan areas, and metropolitan areas,
especially by enabling global competitiveness, productivity,
and efficiency;
[``(B) increase the safety of the transportation system for
motorized and non-motorized users;
[``(C) increase the security of the transportation system
for motorized and nonmotorized users;
[``(D) increase the accessibility and mobility of people
and freight;
[``(E) protect and enhance the environment, promote energy
conservation, promote consistency between transportation
improvements and State and local planned growth and economic
development patterns, and improve the quality of life;
[``(F) enhance the integration and connectivity of the
transportation system, across and between modes throughout
the State, for people and freight;
[``(G) promote efficient system management and operation;
and
[``(H) emphasize the preservation of the existing
transportation system.
[``(2) Failure to consider factors.--The failure to
consider any factor specified in paragraph (1) of this
subsection shall not be reviewable by any court under title
23 or this title, subchapter II of chapter 5 of title 5, or
chapter 7 of title 5 in any matter affecting a statewide
transportation plan, the STIP, a project or strategy, or the
certification of a planning process.
[``(e) Additional Requirements.--In carrying out planning
under this section, each State shall consider, at a minimum--
[``(1) with respect to non-metropolitan 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 STIP, and
planning activities with related planning activities being
carried out outside of metropolitan planning areas and
between States;
[``(f) Statewide Transportation Plan.--
[``(1) Development.--Each State shall develop a statewide
transportation plan, with a minimum 20-year forecast period,
updated at least every five years, for all areas of the
State, that provides for the development and implementation
of the intermodal transportation system of the State.
[``(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 5203.
[``(B) Non-metropolitan areas.--With respect to non-
metropolitan areas, the statewide transportation plan shall
be developed in consultation with affected non-metropolitan
officials with responsibility for transportation. The
Secretary shall not review or approve the consultation
process in each State.
[``(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, 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
(STIP).--
[``(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 5203.
[``(B) Non-metropolitan areas.--With respect to each non-
metropolitan area in the State, the program shall be
developed in consultation with affected non-metropolitan
local officials with responsibility for transportation. The
Secretary shall not review or
[[Page S454]]
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 transit, representatives
of users of pedestrian walkways and bicycle transportation
facilities, and other interested parties with a reasonable
opportunity to comment on the proposed program.
[``(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. The program shall cover a
minimum of five years, identify projects by year, be fiscally
constrained by year, and be updated at least every five
years. An annual listing of projects for which funds have
been obligated in the preceding five years in each
metropolitan planning area shall be published or otherwise
made available by the cooperative effort of the State,
transit operator, and the metropolitan planning organization
for public review. Regionally significant projects proposed
for funding under chapter 2 of title 23 shall be identified
individually in the transportation improvement program. Other
projects proposed for funding under chapter 2 of title 23
that are not determined to be regionally significant shall be
grouped in 1 line item or identified individually. The
listing shall be consistent with the funding categories
identified in the first five years of each metropolitan
transportation plan.
[``(B) 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 each year of the initial five years of 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.
[``(C) Requirement of anticipated full funding.--The STIP
shall include a project, or an identified phase of a project,
only if full funding can reasonably be anticipated to be
available for the project within the time period contemplated
for completion of the project.
[``(D) Financial plan.--The STIP may include a financial
plan that demonstrates how the approved STIP can be
implemented, indicates resources from public and private
sources that are reasonably expected to be made available to
carry out the STIP, and recommends any additional financing
strategies for needed projects and programs. The financial
plan may include, for illustrative purposes, additional
projects that would be included in the adopted
transportation plan if reasonable additional resources
beyond those identified in the financial plan were
available.
[``(E) Selection of projects from illustrative list.--
[``(i) No required selection.--Notwithstanding subparagraph
(D), a State shall not be required to select any project from
the illustrative list of additional projects included in the
financial plan under subparagraph (D).
[``(ii) Required action by the secretary.--Action by the
Secretary shall be required for a State to select any project
from the illustrative list of additional projects included in
the financial plan under subparagraph (D) for inclusion in an
approved STIP.
[``(F) Priorities.--The STIP shall reflect the priorities
for programming and expenditures of funds, including
transportation and transit enhancement activities, required
by title 23 and chapter 53 of this title, and transportation
control measures included in the State's air quality
implementation plan.
[``(5) Project selection for areas of less than 50,000
population.--Projects carried out in areas with populations
of less than 50,000 individuals shall be selected, from the
approved STIP (excluding projects carried out on the National
Highway System and projects carried out under the bridge
program or the interstate maintenance program under title 23
or sections 5308, 5310, 5311, and 5317 of this title), by the
State in cooperation with the affected non-metropolitan local
officials with responsibility for transportation. Projects
carried out in areas with populations of less than 50,000
individuals on the National Highway System or under the
bridge program or the interstate maintenance program under
title 23 or under sections 5308, 5310, 5311, and 5317 of this
title shall be selected, from the approved statewide
transportation improvement program, by the State in
consultation with the affected local officials with
responsibility for transportation.
[``(6) STIP approval.--A STIP developed under this
subsection shall be reviewed and based on a current Planning
Finding approved at least every five years by the Secretary.
[``(7) Planning finding.--A finding shall be made by the
Secretary at least every five years that the transportation
planning process(es) through which statewide transportation
plans and programs are developed are consistent with this
section and section 5203.
[``(8) Modifications to project priority.--Notwithstanding
any other provision of law, action by the Secretary shall not
be required to advance a project included in the approved
STIP in place of another project in the program.
[``(h) Funding.--Funds set aside pursuant to section 104(i)
of title 23 and 5305(h) of this title shall be available to
carry out this section.
[``(i) Treatment of Certain State Laws as Congestion
Management Systems.--For purposes of this section and section
5203 of this title, State laws, rules or regulations
pertaining to congestion management systems or programs may
constitute the congestion management system under section
5203(h)(3) if the Secretary finds that the State laws, rules
or regulations are consistent with, and fulfill the intent
of, the purposes of section 5203, as appropriate.
[``(j) Continuation of Current Review Practice.--Since the
statewide transportation plan and the STIP described in this
section are subject to a reasonable opportunity for public
comment, since individual projects included in the statewide
transportation plans and the STIP are subject to review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), and since decisions by the Secretary concerning
statewide transportation plans or the STIP described in this
section have not been reviewed under such Act as of January
1, 1997, any decision by the Secretary concerning a
metropolitan or statewide transportation plan or the STIP
described in this section shall not be considered to be a
Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
[``(k) Integration of Planning and Environmental Studies.--
Section 5203(n) of this chapter shall also apply to the
planning process established under this section, except that
the planning factors to be considered shall be those set
forth in subsection (d) of this section.''.
[(b) Consistency of Conformity Timing With the
Transportation Plan.--Section 7506(c)(4) of title 42, United
States Code, is amended--
[(1) in subparagraph (B)(ii) by striking ``, but in no case
shall such determinations for transportation plans and
programs be less frequent than every three years'', and
inserting ``but the frequency for making conformity
determinations for transportation plans must be consistent
with subparagraph (E)''; and
[(2) by inserting after subparagraph (D) the following:
[``(E) The frequency for making conformity determinations
on updated transportation plans shall be every five years,
except when:
[``(i) the metropolitan planning organization chooses to
update a transportation plan more frequently, or
[``(ii) changes to the applicable implementation plan
trigger a new conformity determination, as provided in
regulations promulgated by the Administrator pursuant to
subparagraph (A) above.''.
[(c) Conforming Clarification.--Upon date of enactment of
this Act, the references to ``program'' and ``improvement
program'' in section 7506 of title 42, United States Code,
shall refer to the transportation plan developed pursuant to
section 5203 of title 49, United States Code.
[(d) Streamlined State Conformity Rule Requirements.--
Section 7506(c)(4)(C) of title 42, United States Code, is
amended to read as follows:
[``(C) Such procedures shall also include a requirement
that each State shall submit to the Administrator and the
Secretary of Transportation, within 24 months of such date of
enactment, a revision to its implementation plan that
includes criteria and procedures for consultation in
accordance with the Administrator's criteria and procedures
for consultation required by subparagraph (B)(i) of this
paragraph.''.
[(e) Conforming Amendments.--(1) The table of chapters for
title 49, United States Code, is amended by inserting the
following after the item relating to chapter 51:
[``52. Transportation Planning..............................5201''.....
[(2) The chapter analysis for Subtitle III of title 49,
United States Code, is amended by inserting the following
after the item relating to chapter 51:
[``52. Transportation Planning..............................5201''.....
[SEC. 6002. INTERMODAL PASSENGER FACILITIES.
[(a) In General.--Chapter 55 of title 49, United States
Code, is amended by adding the following at the end:
[``SUBCHAPTER III--INTERMODAL PASSENGER FACILITIES
[Sec. 5571. Policy and purposes
[``(a) Development and Enhancement of Intermodal Passenger
Facilities.--It is in the economic interest of the United
States to improve the efficiency of public surface
transportation modes by ensuring their connection with and
access to intermodal passenger terminals, thereby
streamlining the transfer of passengers among modes,
enhancing travel options, and increasing passenger
transportation operating efficiencies.
[``(b) General Purposes.--The purposes of this subchapter
are to accelerate intermodal
[[Page S455]]
integration among North America's passenger transportation
modes through--
[``(1) assuring intercity public transportation access to
intermodal passenger facilities;
[``(2) encouraging the development of an integrated system
of public transportation information; and
[``(3) providing intercity bus intermodal passenger
facility grants.
[Sec. 5572. Definitions
[``In this subchapter--
[``(1) `capital project' means a project for--
[``(A) acquiring, constructing, improving, or renovating an
intermodal facility that is related physically and
functionally to intercity bus service and establishes or
enhances coordination between intercity bus service and
transportation, including aviation, commuter rail, intercity
rail, public transportation, seaports, and the National
Highway System, such as physical infrastructure associated
with private bus operations at existing and new intermodal
facilities, including special lanes, curb cuts, ticket kiosks
and counters, baggage and package express storage, employee
parking, office space, security, and signage; and
[``(B) establishing or enhancing coordination between
intercity bus service and transportation, including aviation,
commuter rail, intercity rail, public transportation, and the
National Highway System through an integrated system of
public transportation information.
[``(2) `commuter service' means service designed primarily
to provide daily work trips within the local commuting area.
[``(3) `intercity bus service' means regularly scheduled
bus service for the general public which operates with
limited stops over fixed routes connecting two or more urban
areas not in close proximity, which has the capacity for
transporting baggage carried by passengers, and which makes
meaningful connections with scheduled intercity bus service
to more distant points, if such service is available and may
include package express service, if incidental to passenger
transportation, but does not include air, commuter, water or
rail service.
[``(4) `intermodal passenger facility' means passenger
terminal that does, or can be modified to, accommodate
several modes of transportation and related facilities,
including some or all of the following: intercity rail,
intercity bus, commuter rail, intra-city rail transit and bus
transportation, airport limousine service and airline ticket
offices, rent-a-car facilities, taxis, private parking, and
other transportation services.
[``(5) `local governmental authority' includes--
[``(A) a political subdivision of a State;
[``(B) an authority of at least one State or political
subdivision of a State;
[``(C) an Indian tribe; and
[``(D) a public corporation, board, or commission
established under the laws of the State.
[``(6) `owner or operator of a public transportation
facility' means an owner or operator of intercity-rail,
intercity-bus, commuter-rail, commuter-bus, rail-transit,
bus-transit, or ferry services.
[``(7) `recipient' means a State or local governmental
authority or a nonprofit organization that receives a grant
to carry out this section directly from the Federal
government.
[``(8) `Secretary' means the Secretary of Transportation.
[``(9) `state' means a State of the United States, the
District of Columbia, Puerto Rico, the Northern Mariana
Islands, Guam, American Samoa, and the Virgin Islands.
[``(10) `urban area' means an area that includes a
municipality or other built-up place that the Secretary,
after considering local patterns and trends of urban growth,
decides is appropriate for a local public transportation
system to serve individuals in the locality.
[``Sec. 5573. Assurance of access to intermodal passenger
facilities
[``Intercity buses and other modes of transportation shall,
to the maximum extent practicable, have access to publicly
funded intermodal passenger facilities including, but not
limited to, those passenger facilities seeking funding under
section 5574.
[``Sec. 5574. Intercity bus intermodal passenger facility
grants
[``(a) General Authority.--The Secretary of Transportation
may make grants under this section to recipients in financing
a capital project, as defined in section 5572 of this
chapter, only if the Secretary finds that the proposed
project is justified and has adequate financial commitment.
[``(b) Competitive Grant Selection.--The Secretary shall
conduct a national solicitation for applications for grants
under this section. Grantees shall be selected on a
competitive basis.
[``(c) Share of Net Project Costs.--
[``(1) A grant shall not exceed 50 percent of the net
project cost, as determined by the Secretary.
[``(2) The portion of the net costs of an eligible project
that is not funded under this section shall be from an
undistributed cash surplus, a replacement or depreciation
cash fund or reserve, or new capital and may include up to 30
percent from amounts appropriated to or made available to a
department or agency of the Federal government that are
eligible to be expended for transportation.
[``(d) Regulations.--The Secretary may issue regulations
necessary to carry out this section.
[``Sec. 5575. Funding
[``(a) Mass Transit Account.--
[``(1) Funding.--To carry out this Subchapter, there is
authorized to be appropriated for each of fiscal years 2005
through 2009 from the Mass Transit Account of the Highway
Trust Fund the amounts made available under section
5338(a)(2)(O) of this title.
[``(2) Contractual obligations.--A grant approved by the
Secretary of Transportation that is financed with amounts
made available under subsection (a) of this section is a
contractual obligation of the United States Government to pay
the Government's share of the cost of the project.
[``(b) Highway Account.--
[``(1) There is authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this subchapter $10,000,000 for each of fiscal
years 2005 through 2009.
[``(2) The funding made available under paragraph (1) of
this subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of
title 23 and shall be subject to any obligation limitation
imposed on funds for Federal-aid highways and highway safety
construction programs.
[``(c) Period of Availability.--Amounts made available by
subsection (a) of this section shall remain available until
expended.''.
[(b) Conforming Amendment.--The table of contents for
chapter 55 of title 49, United States Code, is amended by
inserting the following at the end:
[``Subchapter III--Intermodal Passenger Facilities
[Sec.
[``5571. Policy and Purposes.
[``5572. Definitions.
[``5573. Assurance of access to intermodal facilities.
[``5574. Intercity bus intermodal facility grants.
[``5575. Funding.''.
[TITLE VII--MISCELLANEOUS
[Subtitle A--Railroads
[SEC. 7101. RAIL CORRIDOR PLANNING.
[Section 26101(b)(1) of title 49, United States Code, is
amended in the first sentence thereof by adding ``(1)'' after
the word ``determines'' and by adding ``or (2) that it is
necessary to help promote an effective and efficient system
of conventional speed intercity rail passenger operations''
after the word ``improvements''.
[SEC. 7102. HIGH SPEED RAIL AUTHORIZATIONS.
[Section 26104 of Title 49, United States Code, is revised
to read as follows:
[``Sec. 26104. Authorization of appropriations
[``(a) There are authorized to be appropriated to the
Secretary $25,000,000 each year for fiscal years 2004 through
2009 for carrying out section 26101 (including payment of
administrative expenses related thereto).
[``(b) There are authorized to be appropriated to the
Secretary $25,000,000 each year for fiscal years 2004 through
2009 for carrying out section 26102 (including payment of
administrative expenses related thereto).''
[``(c) Funds made available under this section shall remain
available until expended.''.
[Subtitle B--Miscellaneous Technical Corrections to Title 49
[SEC. 7201. CORRECTION OF OBSOLETE REFERENCES TO INTERSTATE
COMMERCE COMMISSION.
[(a) Except as otherwise provided, a reference in this
section to an amendment to, or a repeal of, a section or
other provision is deemed to be a reference to a section or
other provision of title 49, United States Code.
[(b)(1) Section 307 (Safety information and intervention in
Interstate Commerce Commission proceedings) is repealed.
[(2) The analysis of chapter 3 is amended by striking the
item designated ``307''.
[(c) Subsections (d)(1)(C) and (e) of section 333
(Responsibility for rail transportation unification and
coordination projects) are amended by striking ``Interstate
Commerce Commission'' and ``Commission'' each place the words
appear and substituting ``Surface Transportation Board'' and
``Board'', respectively.
[(d) Section 10903(b)(2) is amended by striking ``24706(c)
of this title'' and substituting ``24706(c) of this title
before May 31, 1998''.
[(e) Section 13541(a) is amended by striking ``finds that''
and all that follows, and substituting--``finds that the
exemption is in the public interest and that the application
of that provision--
[``(1) is not necessary to carry out the transportation
policy of section 13101; and
[``(2) is not needed to protect shippers from the abuse of
market power or that the transaction or service is of limited
scope.''.
[(f)(1) Section 14704 (Rights and remedies of persons
injured by carriers or brokers) is amended as follows:
[(A) In subsection (a) --
[(i) strike ``In general.--'' and all that follows through
``injured'' and substitute ``Enforcement of order.--A person
injured''; and
[(ii) redesignate paragraph (2) as subsection (b)(2); and
[(B) In subsection (b), by striking ``Liability and
damages'' and all that follows through ``A carrier'' and
substitute ``Liability and damages.--(1) A carrier''.
[(2) Section 14705(c) is amended by striking ``14704(b)''
and substituting ``14704(b)(2)''.
[[Page S456]]
[(g)(1) Subsection (c)(3) of section 24307 (Special
transportation) is amended by striking ``Interstate Commerce
Commission'' and substituting ``Surface Transportation
Board''.
[(2) Section 24308 (Use of facilities and providing
services to Amtrak) is amended by striking ``Interstate
Commerce Commission'' and ``Commission'' each place the words
appear and substituting ``Surface Transportation Board'' and
``Board'', respectively.
[(3) Section 24311 (Acquiring interests in property by
eminent domain) is amended by striking ``Interstate Commerce
Commission'' and ``Commission'' each place the words appear
and substituting ``Surface Transportation Board'' and
``Board'', respectively.
[(4) Section 24902 (Goals and requirements) is amended by
striking ``Interstate Commerce Commission'' and
``Commission'' each place the words appear and substituting
``Surface Transportation Board'' and ``Board'', respectively.
[(5) Section 24904 (General authority) is amended by
striking ``Interstate Commerce Commission'' and
``Commission'' each place the words appear and substituting
``Surface Transportation Board'' and ``Board'', respectively.
[Subtitle C--Hazardous Material Transportation
[SEC. 7301. DEFINITIONS.
[Section 5102 of title 49, United States Code, is amended
by revising paragraph (1) to read as follows:
[``(1) `commerce' means trade or transportation in the
jurisdiction of the United States
[``(A) between a place in a State and a place outside of
the State;
[``(B) that affects trade or transportation between a place
in a State and a place outside of the State; or
[``(C) on a United States-registered aircraft.''
[SEC. 7302. REPRESENTATIONS AND TAMPERING WITH HAZARDOUS
MATERIAL PACKAGING.
[Section 5103(b)(1) of title 49, United States Code, is
amended by revising subparagraph (A) to read as follows:
[``(A) apply to a person that--
[``(i) transports a hazardous material in commerce;
[``(ii) causes a hazardous material to be transported in
commerce;
[``(iii) manufactures, designs, inspects, tests,
reconditions, marks, or repairs a packaging or packaging
component represented as qualified for use in transporting
hazardous material in commerce;
[``(iv) prepares, accepts, or rejects hazardous material
for transportation in commerce;
[``(v) is responsible for the safety of transporting
hazardous material in commerce;
[``(vi) certifies compliance with any requirement issued
under this chapter;
[``(vii) misrepresents whether it is engaged in any of the
above activities; or
[``(viii) performs any other act or function relating to
the transportation in commerce of a hazardous material;
and''.
[SEC. 7303. HAZARDOUS MATERIAL TRANSPORTATION SAFETY AND
SECURITY.
[(a) Enhanced Authority To Discover Hidden Shipments of
Hazardous Material.--Section 5121 of title 49, United States
Code, is amended by revising subsection (c) to read as
follows:
[``(c) Inspections and Investigations.--(1) A designated
officer or employee of the Secretary may--
[``(A) inspect and investigate, at a reasonable time and in
a reasonable way, records and property related to a function
described in section 5103(b)(1) of this chapter;
[``(B) except for the packaging immediately adjacent to its
hazardous material contents, gain access to, open, and
examine a package offered for, or in, transportation when the
officer or employee has an objectively reasonable and
articulable belief that the package may contain a hazardous
material;
[``(C) remove from transportation a package or related
packages in a shipment offered for or in transportation, and
for which such officer or employee has an objectively
reasonable and articulable belief that the package or
packages may pose an imminent hazard, and for which the
officer or employee contemporaneously documents that belief
in accordance with procedures established by the Secretary;
[``(D) gather information from the offeror, carrier,
packaging manufacturer or retester, or other person
responsible for the package or packages, to ascertain the
nature and hazards of the contents of the package or
packages;
[``(E) as necessary, under terms and conditions specified
by the Secretary, order the offeror, carrier, packaging
manufacturer or retester, or other person responsible for the
package or packages to have the package or packages
transported to, opened and the contents examined and analyzed
at a facility appropriate for the conduct of this activity;
and
[``(F) when safety might otherwise be compromised,
authorize properly qualified personnel to assist in the
activities conducted under this subsection.
[``(2) An officer or employee acting under this subsection
shall display proper credentials when requested.
[``(3) For instances when, as a result of the inspection or
investigation, an imminent hazard is not found to exist, the
Secretary shall develop procedures to assist in the safe
resumption of transportation of the package or transport
unit.''.
[(b) Emergency Authority for Hazardous Material
Transportation.--Section 5121 is amended by striking
subsection (e), redesignating subsection (d) as subsection
(e), and adding a new subsection (d) to read as follows:
[``(d) Emergency Orders.--
[``(1) If, upon inspection, investigation, testing, or
research, the Secretary determines that either a violation of
a provision of this chapter or a regulation issued under this
chapter, or an unsafe condition or practice, constitutes or
is causing an imminent hazard, the Secretary may issue or
impose emergency restrictions, prohibitions, recalls, or out-
of-service orders, without notice or the opportunity for a
hearing, but only to the extent necessary to abate the
imminent hazard.
[``(2) The Secretary's action under paragraph (1) of this
subsection shall be in a written order describing the
violation, condition or practice that is causing the imminent
hazard, and stating the restrictions, prohibitions, recalls,
or out-of-service orders issued or imposed. The order also
shall describe the standards and procedures for obtaining
relief from the emergency order.
[``(3) After taking action under paragraph (1) of this
subsection, the Secretary shall provide an opportunity for
review of that action under section 554 of title 5, if a
petition for review is filed within 20 calendar days after
issuance of the order.
[``(4) If a petition for review is filed and the review is
not completed by the end of the 30-day period beginning on
the date the petition was filed, the action will cease to be
effective at the end of that period unless the Secretary
determines in writing that the emergency situation still
exists.
[``(5) For purposes of this subsection, ``out-of-service
order'' means a mandate that an aircraft, vessel, motor
vehicle, train, railcar, locomotive, other vehicle, transport
unit, transport vehicle, freight container, portable tank, or
other package not be moved until specified conditions have
been met.''
[(c) Security-Sensitive Information.--Section 5121 is
revised by adding a new subsection (f) to read as follows:
[``(f) Security-Sensitive Information.--
[``(1) If the Secretary determines that particular
information may reveal a vulnerability of a hazardous
material to attack during transportation in commerce, or may
facilitate the diversion of hazardous material during
transportation in commerce for use in an attack on people or
property, the information may be disclosed only--
[``(A) to an owner, custodian, offeror or carrier of the
hazardous material;
[``(B) to an officer, employee or agent of a Federal,
State, or local government, including a volunteer fire
department, concerned with carrying out transportation safety
laws, protecting hazardous material during the course of
transportation in commerce, protecting public safety, or
national security issues, or enforcing federal laws designed
to protect public health or the environment; or
[``(C) in an administrative or judicial proceeding brought
under this chapter, under other federal law designed to
protect public health or the environment, or one that
addresses terrorist actions or threats of such actions.
[``(2) The Secretary may make a determination under
subsection (1) of this section with respect to a category of
information by regulation.
[``(3) A release of information pursuant to a determination
under subsection (1) of this section is not a release to the
public within the meaning of 5 U.S.C. 552.''.
[(d) Enhancements to Security Risk Assessment and Emergency
Preparedness.--Section 5121 is amended by inserting the
following after subsection (f):
[``(g) Authority for Grants, Cooperative Agreements, and
Other Transactions.--The Secretary may enter into grants,
cooperative agreements, and other transactions with a person,
agency or instrumentality of the United States, a unit of
State or local government, an Indian tribe, a foreign
government (in coordination with the Department of State), an
educational institution, or other entity to expand the risk
assessment and emergency response capability with respect to
hazardous materials security issues and to carry out this
chapter.''.
[(e) Cargo Inspection Program.--The Secretary of
Transportation may randomly inspect cargo at U.S. Customs
ports of entry in order to determine the extent to which
undeclared hazardous material is being offered for
transportation in commerce. Under this program, an officer or
employee of the Secretary may open and inspect any cargo
shipment at a U.S. Customs port of entry if that shipment has
been randomly selected for inspection by a Department
supervisor who is not on site. The Department of
Transportation shall ensure that random inspections under
this program are coordinated in advance with the Department
of Homeland Security and provide for the effective handling
and disposition of any violations found. The Secretary shall
initiate such a program within one year after the date of
enactment of this Act.''
[SEC. 7304. ADMINISTRATIVE AUTHORITY FOR TRANSPORTATION
SERVICE AND INFRASTRUCTURE ASSURANCE RESEARCH.
[Section 112 of title 49, United States Code, is amended by
adding the following new subsection to the end:
[[Page S457]]
[``(f) Administrative Authority.--
[``(1) Grants, cooperative agreements, and other
transactions.--The Administrator may enter into grants,
cooperative agreements, and other transactions with Federal
or other public agencies (including State and local
governments) and private organizations and other persons to
conduct research into transportation service and
infrastructure assurance and to carry out research activities
of the Administration.
[``(2) Prohibition on certain disclosures.--If the
Administrator determines that particular information
developed in research sponsored by the Administration may
reveal a systemic vulnerability of transportation service or
infrastructure, the information may be disclosed only to a
person responsible for the security of the transportation
service or infrastructure or with protecting public safety or
to an officer, employee, or agent of a Federal, State or
local government unit whose need for the information in the
performance of duties is concurred in by the Administrator. A
release of information subject to a determination under this
section is not a release to the public within the meaning of
5 U.S.C. 552.''.
[SEC. 7305. POSTAL SERVICE CIVIL PENALTY AUTHORITY.
[(a) Section 3001 of title 39, United States Code, is
amended by adding a new subsection (o) as follows:
[``(o)(1) Except as permitted by law and Postal Service
regulation, hazardous material is nonmailable.
[``(2) For purposes of this section, the term `hazardous
material' means a substance or material the Secretary of
Transportation designates under section 5103(a) of title
49.''.
[(b) Chapter 30 of title 39, United States Code, is amended
by adding a new section 3018 at the end as follows:
[``Sec. 3018. Hazardous material; civil penalty
[``(a) Regulations.--The Postal Service shall prescribe
regulations for the safe transportation of hazardous material
in the mail.
[``(b) Hazardous Material in the Mail.--No person may--
[``(1) mail or cause to be mailed a hazardous material that
has been declared by statute or Postal Service regulation to
be nonmailable;
[``(2) mail or cause to be mailed a hazardous material in
violation of any statute or Postal Service regulation
restricting the time, place, or manner in which a hazardous
material may be mailed; or
[``(3) manufacture, distribute, or sell any container,
packaging kit, or similar device that--
[``(A) is represented, marked, certified, or sold by such
person for use in the mailing of a hazardous material; and
[``(B) fails to conform with any statute or Postal Service
regulation setting forth standards for a container, packaging
kit, or similar device used for the mailing of a hazardous
material.
[``(c) Civil Penalty.--
[``(1) A person that knowingly violates this section or a
regulation issued under this section is liable to the Postal
Service for a civil penalty of at least $250 but not more
than $100,000 for each violation, and for any clean-up costs
and damages. A person acts knowingly when--
[``(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.
[``(2) Knowledge by the person of the existence of a
statutory provision, or a regulation or requirement
prescribed by the Postal Service is not an element of an
offense under this section.
[``(3) A separate violation occurs for each day a hazardous
material, mailed or caused to be mailed in noncompliance with
this section or a regulation issued under this section, is in
the mail.
[``(4) A separate violation occurs for each item containing
a hazardous material that is mailed or caused to be mailed in
noncompliance with this section or a regulation issued under
this section.
[``(d) Hearing Requirement.--The Postal Service may find
that a person has violated this section or a regulation
issued under this section only after notice and an
opportunity for a hearing. Under this section, the Postal
Service shall impose a penalty and recover clean-up costs and
damages by giving the person written notice of the amount of
the penalty, clean-up costs, and damages.
[``(e) Penalty Considerations.--In determining the amount
of a civil penalty under this section, the Postal Service
shall consider--
[``(1) the nature, circumstances, extent, and gravity of
the violation;
[``(2) with respect to the person who committed the
violation, the degree of culpability, any history of prior
violations, the ability to pay, and any effect on the ability
to continue in business;
[``(3) the impact on postal operations; and
[``(4) other matters that justice requires.
[``(f) Civil Actions to Collect.--
[``(1) In accordance with section 409(d) of this title, a
civil action may be commenced in an appropriate district
court of the United States to collect a civil penalty, clean-
up costs, or damages assessed under this section. In such
action, the validity, amount, and appropriateness of the
civil penalty, clean-up costs, or damages shall not be
subject to review.
[``(2) The Postal Service may compromise the amount of a
civil penalty, clean-up costs, or damages assessed under this
section before civil action is taken to collect the penalty,
costs, or damages.
[``(g) Civil Judicial Penalties.--At the request of the
Postal Service, the Attorney General may bring a civil action
in an appropriate district court of the United States to
enforce this chapter or a regulation prescribed or order
issued under this chapter. The court may award appropriate
relief, including a temporary or permanent injunction,
punitive damages, and assessment of civil penalties
considering the same penalty amounts and factors as
prescribed for the Postal Service in an administrative case
under this section.
[``(h) Depositing Amounts Collected.--Amounts collected
under this section shall be paid into the Postal Service Fund
established by section 2003 of this title.''.
[(c) Conforming Amendment.--The chapter analysis for
chapter 30 of title 39, United States Code, is amended by
adding the following:
[``3018. Hazardous material; civil penalty.''.
[SEC. 7306. REGISTRATION.
[(a) In General.--Section 5108 of title 49, United States
Code, is amended--
[(1) by striking ``class A or B explosive'' in subsection
(a)(1)(B) and inserting ``Division 1.1, 1.2, or 1.3 explosive
material''; and
[(2) by revising subsection (a)(2)(B) to read as follows:
[``(B) a person manufacturing, designing, inspecting,
testing, reconditioning, marking, or repairing a packaging or
packaging component represented as qualified for use in
transporting a hazardous material in commerce.''.
[(b) Clarification of Title 18 Exemption.--Section
845(a)(1) of title 18, United States Code, is amended to read
as follows:
[``(1) aspects of the transportation of explosive materials
via railroad, water, highway, or air that pertain to safety,
including security, and are regulated by the Department of
Transportation or the Department of Homeland Security;''.
[SEC. 7307. SHIPPING PAPER RETENTION.
[Section 5110 of title 49, United States Code, is amended--
[(1) in subsection (a), by striking ``under subsection (b)
of this section'' and inserting ``by regulation'';
[(2) by striking subsection (b) and redesignating
subsections (c)-(e) as subsections (b)-(d); and
[(3) by revising the first sentence in subsection (d), as
redesignated, to read as follows: ``The person that provided
the shipping paper and the carrier required to keep it under
this section shall retain the paper, or an electronic image
of it, for a period of 3 years after the shipping paper was
provided to the carrier, to be accessible through their
respective principal places of business.''.
[SEC. 7308. PLANNING AND TRAINING GRANTS.
[(a) Section 5116 of title 49, United States Code, is
amended--
[(1) in the second sentence of subsection (e), by striking
``of the State or tribe under subsections (a)(2)(A) and
(b)(2)(A)'' and inserting ``received by the State or tribe
under subsections (a)(1) and (b)(1)'';
[(2) revising subsection (f) to read as follows:
[``(f) Monitoring and Technical Assistance.--The Secretary
of Transportation shall monitor public-sector emergency
response planning and training for an accident or incident
involving hazardous material. Considering the results of the
monitoring, the Secretary shall provide technical assistance
to a State, political subdivision of a State, or Indian tribe
for carrying out emergency response training and planning for
an accident or incident involving hazardous material and
shall coordinate the assistance using the existing
coordinating mechanisms of the National Response Team and,
for radioactive material, the Federal Radiological
Preparedness Coordinating Committee.'';
[(3) in subsection (g), by striking ``Government grant''
and inserting ``Federal financial assistance'';
[(4) by revising subsection (i) to read as follows:
[``(i) Emergency Preparedness Fund.--The Secretary of the
Treasury shall establish an Emergency Preparedness Fund
account in the Treasury into which the Secretary of the
Treasury shall deposit amounts the Secretary of
Transportation transfers to the Secretary of the Treasury
under section 5108(g)(2)(C) of this title. Without further
appropriation, amounts in the account are available--
[``(1) to make grants under this section;
[``(2) to monitor and provide technical assistance under
subsection (f) of this section;
[``(3) to publish and distribute the Emergency Response
Guidebook;
[``(4) to pay administrative costs of carrying out this
section and sections 5108(g)(2) and 5115 of this title,
except that not more than 10 percent of the amounts made
available from the account in a fiscal year to carry out
these sections may be used to pay those costs.''; and
[``(5) by striking subsection (k).''.
[(b) Chapter 51 is amended by--
[(1) revising the section heading for section 5116 to read
``Planning and training grants; emergency preparedness
fund''; and
[(2) striking the item for section 5116 in the analysis of
the chapter and inserting ``5116. Planning and training
grants; emergency preparedness fund.''.
[SEC. 7309. ENFORCEMENT.
[Section 5122 of title 49, United States Code, is amended--
[[Page S458]]
[(1) in subsection (a), by revising the last sentence to
read as follows: ``The court may award appropriate relief,
including a temporary or permanent injunction, punitive
damages, and assessment of civil penalties considering the
same penalty amounts and factors as prescribed for the
Secretary in an administrative case under section 5123 of
this chapter.''; and
[(2) in subparagraph (b)(1)(B), by striking ``or ameliorate
the'' and inserting ``or mitigate the''.
[SEC. 7310. PENALTIES.
[(a) Section 5123 of title 49, United States Code, is
amended--
[(1) by revising subsection (a) to read as follows:
[``(a) Penalty.--
[``(1) A person that knowingly violates this chapter, or a
regulation, order, special permit, or approval issued under
this chapter, is liable to the United States Government for a
civil penalty of at least $250 but not more than $100,000 for
each violation.
[``(2) Knowledge by the person of the existence of a
statutory provision, or a regulation or requirement
prescribed by the Secretary is not an element of an offense
under this section.
[``(3) A separate violation occurs for each day the
violation, committed by a person that transports or causes to
be transported hazardous material, continues''; and
[(2) by redesignating subsections (b)-(g) as subsections
(c)-(h) and inserting a new subsection (b) to read as
follows:
[``(b) Knowing Violations.--In this section, a person acts
knowingly when--
[``(1) the person has actual knowledge of the facts giving
rise to the violation; or-
[``(2) a reasonable person acting in the circumstances and
exercising reasonable care would have that knowledge.'';
[(3) in subsection (c), as redesignated, by striking the
first sentence and inserting the following: ``The Secretary
of Transportation may find that a person has violated this
chapter, or a regulation, order, special permit or approval
issued under this chapter, only after notice and an
opportunity for a hearing.'';
[(4) by revising subsection (e), as redesignated, to read
as follows:
[``(e) Civil Actions To Collect.--The Attorney General may
bring a civil action in an appropriate district court of the
United States to collect a civil penalty under this section
and any accrued interest on that penalty calculated in the
manner described under section 2705 of title 33. In such
action, the validity, amount, and appropriateness of the
civil penalty shall not be subject to review.''.
[(b) Section 5124 is revised to read as follows:
[``Sec. 5124. Criminal penalty
[``(a) General.--A person knowingly violating section
5104(b) of this title or willfully or recklessly violating
this chapter or a regulation, order, special permit, or
approval issued under this chapter, shall be fined under
title 18, imprisoned for not more than 5 years, or both.
[``(b) Aggravated Violations.--A person knowingly violating
section 5104(b) of this chapter, or willfully or recklessly
violating this chapter or a regulation, order, special
permit, or approval issued under this chapter, and thereby
causing the release of a hazardous material, shall be fined
under title 18, imprisoned for not more than 20 years, or
both.
[``(c) Knowing Violations.--In this section, a person acts
knowingly when--
[``(1) the person has actual knowledge of the facts giving
rise to the violation; or
[``(2) a reasonable person acting in the circumstances and
exercising reasonable care would have that knowledge.
[``(d) Willful Violations.--In 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.
[``(e) Reckless Violations.--In this section, a person acts
recklessly when the person displays a deliberate indifference
or conscious disregard for the consequences of that person's
conduct.
[``(f) Knowledge of Requirements.--Knowledge by a person of
the existence of a statutory provision, or a regulation or
requirement prescribed by the Secretary, is not an element of
an offense under this section.
[``(g) Separate Violations.--A separate violation occurs
for each day the violation, committed by a person who
transports hazardous material or who causes hazardous
material to be transported, continues.''.
[(c) Section 46312 is amended--
[(1) in subparagraph (a), by striking ``under this part''
and inserting ``under this part or under chapter 51 of this
title''; and
[(2) in subparagraph (b), by striking ``by the Secretary''
and inserting ``by the Secretary under this part or under
chapter 51 of this title''.
[(d) Section 3663, title 18 United States Code, is amended
in subparagraph (a)(1)(A) by striking ``or section 46312,
46502, or 46504 of title 49'' and inserting ``or section
5124, 46312, 46502, or 46504 of title 49.''.
[SEC. 7311 EMERGENCY WAIVER OF PREEMPTION.
[``Section 5125 of title 49, United States Code, is amended
by adding new subsections (h), (i), and (j) to read as
follows:
[``(h) Emergency Waiver of Preemption.--
[``(1) The Secretary, upon a finding of good cause, may
waive preemption on an expedited basis without notice and
public procedure. Good cause exists when there is a possible
threat that hazardous material being transported in commerce
may be used in an attack on people or property, and notice
and public procedure are impracticable or contrary to the
public interest.
[``(2) An emergency waiver of preemption shall remain in
effect for no more than 6 months unless, prior to its
expiration, the Secretary determines that a possible threat
that hazardous material being transported in commerce may be
used in an attack on people or property continues to exist.
[``(3) An action of the Secretary under paragraphs (1) and
(2) of this subsection shall be in writing and shall describe
the standards and procedures for seeking reconsideration of
the Secretary's action.
[``(4) After taking action under paragraphs (1) or (2) of
this subsection, the Secretary shall provide an opportunity
for review of that action if a petition for reconsideration
is filed within 20 calendar days after the Secretary issues
or extends an emergency waiver.
[``(5) If a petition for reconsideration is filed and the
review is not completed by the end of the 30-day period
beginning on the date the petition was filed, the emergency
waiver will cease to be effective at the end of that period
unless the Secretary determines, in writing, that a possible
threat that hazardous material being transported in commerce
may be used in an attack on people or property continues to
exist.
[``(i) Independent Application of Each Standard.--Each
preemption standard in subsections (b), (c)(1), (d), and (e)
of this section and in section 5119(b) of this chapter is
independent in its application to a requirement of any State,
political subdivision of a State, or Indian tribe.
[``(j) Nonfederal Enforcement Standards.--This section does
not apply to procedure, penalty, or required mental state or
other standard used by a State, political subdivision of a
State, or Indian tribe to enforce a requirement applicable to
transportation of a hazardous material.''.
[SEC. 7312. JUDICIAL REVIEW.
[Chapter 51 of title 49, United States Code, is amended by
redesignating section 5127 as section 5128, and by inserting
after section 5126 the following new section:
``Sec. 5127. Judicial review
[``(a) Filing and Venue.--Except as provided in section
20114(c) of this title, a person suffering legal wrong or
adversely affected or aggrieved by a final action of the
Secretary of Transportation under this chapter may petition
for review of the final action in the United States Court of
Appeals for the District of Columbia or in the court of
appeals for the United States for the circuit in which the
person resides or has its principal place of business. The
petition must be filed not more than 60 days after the
Secretary's action becomes final.
[``(b) Judicial Procedures.--When a petition is filed under
subsection (a) of this section, the clerk of the court
immediately shall send a copy of the petition to the
Secretary. The Secretary shall file with the court a record
of any proceeding in which the final action was issued, as
provided in section 2112 of title 28.
[``(c) Authority of Court.--The court has exclusive
jurisdiction, as provided in the Administrative Procedure
Act, 5 U.S.C. 551 et seq., to affirm or set aside any part of
the Secretary's final action and may order the Secretary to
conduct further proceedings. Findings of fact by the
Secretary, if supported by substantial evidence, are
conclusive.
[``(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.''.
[(b) Conforming Amendment.--The chapter analysis for
chapter 51 is amended by striking the item related to section
5127 and inserting the following:
[``5127. Judicial review.
[``5128. Authorization of appropriations.''.
[Subtitle D--Sanitary Food Transportation
[SEC. 7401. SHORT TITLE.
[This Subtitle may be cited as the ``Sanitary Food
Transportation Act of 2003''.
[SEC. 7402. RESPONSIBILITIES OF THE SECRETARY OF HEALTH AND
HUMAN SERVICES.
[(a) Unsanitary Transport Deemed Adulteration.--Section 402
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342)
is amended by adding at the end the following new subsection:
[``(i) If it is transported under conditions that are not
in compliance with the sanitary transportation practices
prescribed by the Secretary under section 416.''.
[(b) Sanitary Transportation Requirements.--Chapter IV of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et
seq.) is amended by adding at the end the following new
section:
``Sec. 416. Sanitary transportation of food
[``(a) Sanitary Transportation Practices.--The Secretary
shall establish by regulation sanitary transportation
practices which shippers, carriers, receivers, and other
[[Page S459]]
persons engaged in the transportation of food shall be
required to follow to ensure that the food is not transported
under conditions that may render it adulterated, including
such practices as the Secretary may find appropriate relating
to--
[``(1) sanitation;
[``(2) packaging, isolation, and other protective measures;
[``(3) limitations on the use of vehicles;
[``(4) information to be disclosed--
[``(A) to a carrier by a person arranging for the transport
of food, and
[``(B) to a manufacturer or other persons arranging for the
transport of food by a carrier or other person furnishing a
tank or bulk vehicle for the transport of food; and
[``(5) recordkeeping.
[``(b) List of Unacceptable Nonfood Products.--The
Secretary, by publication in the Federal Register, may
establish and periodically amend--
[``(1) a list of nonfood products that the Secretary
determines may, if shipped in a tank or bulk vehicle, render
adulterated food transported subsequently in such vehicle;
and
[``(2) a list of nonfood products that the Secretary
determines may, if shipped in a motor or rail vehicle (other
than a tank or bulk vehicle), render adulterated food
transported simultaneously or subsequently in such vehicle.
[``(c) Waiver Authority.--
[``(1) In general.--The Secretary may waive all or part of
this section, or any requirement under this section, with
respect to any class of persons, of vehicles, of food, or of
nonfood products, if the Secretary determines that such
waiver--
[``(A) will not result in the transportation of food under
conditions that would be unsafe for human or animal health;
and
[``(B) will not be contrary to the public interest or this
Act.
[``(2) Publication.--The Secretary shall publish in the
Federal Register any waiver and the reasons for the waiver.
[``(d) Preemption.--
[``(1) In general.--No State or political subdivision of a
State may directly or indirectly establish or continue in
effect, as to any food in interstate commerce, any authority
or requirement concerning that transportation of food that is
not identical to the requirement of this section.
[``(2) Effective Date.--The provisions of this subsection
apply only with respect to transportation occurring on or
after the effective date of regulations prescribed under
subsection (a).
[``(e) Assistance of Other Agencies.--The Secretary of
Transportation, the Secretary of Agriculture, the
Administrator of the Environmental Protection Agency, and the
heads of other Federal agencies, as appropriate, shall
provide assistance upon request, to the extent resources
are available, to the Secretary of Health and Human
Services for the purposes of carrying out this section.
[``(f) Definitions.--For purposes of the section:
[``(1) The term `transportation' means any movement of
property in commerce by motor vehicle or rail vehicle.
[``(2) The term `tank or bulk vehicle' includes any vehicle
in which food is shipped in bulk and in which the food comes
directly into contact with the vehicle, including tank
trucks, hopper trucks, rail tank cars, hopper cars, cargo
tanks, portable tanks, freight containers, or hopper bins.''.
[(c) Inspection of Transportation Records.--
[(1) Requirement.--Chapter VII of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 371 et seq.) is amended by
inserting after section 703 the following new section:
[``Sec. 703A. Food transportation records
[``Shippers, carriers by motor vehicle or rail vehicle, and
other persons subject to section 416 shall, upon request of
an officer or employee duly designated by the Secretary,
permit such officer or employee, at reasonable times, to have
access to and to copy all records that the Secretary requires
them to make or retain under section 416(a)(5) of this
Act.''.
[(2) Conforming amendment.--Section 703 of the Act (21
U.S.C. 373) is amended by striking ``in the usual course of
business as carriers.'' and inserting ``in the usual course
of business as carriers, unless otherwise explicitly
provided.''.
[(d) Prohibited Acts.--
[(1) Records inspection.--Section 301(c) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 331(e)) is amended--
[(A) by striking ``or 703'' and inserting ``, 703, or
703A''; and
[(B) by inserting ``416,'' before ``504''.
[(2) Unsafe food transportation.--Section 301 of the Act
(21 U.S.C. 331) is further amended by adding at the end the
following new subsection:
[``(gg) The failure, by a shipper, carrier, receiver, or
any other person engaged in the transportation of food, to
comply with the sanitary transportation practices prescribed
by the Secretary under section 416.''.
[SEC. 7403. DEPARTMENT OF TRANSPORTATION REQUIREMENTS.
[Chapter 57 of title 49, relating to sanitary food
transportation is revised to read as follows:
[``CHAPTER 57--SANITARY FOOD TRANSPORTATION
[``Sec.
[``5701. Food transportation safety inspections.
[``Sec. 5701. Food transportation safety inspections
[``(a) Inspection Procedures.--
[``(1) The Secretary of Transportation, in consultation
with the Secretaries of Health and Human Services and
Agriculture, shall establish procedures to be used in
performing transportation safety inspections for the purpose
of identifying suspected incidents of contamination or
adulteration of food that may violate regulations issued
under section 416 of title 21, United States Code, and of
meat and poultry products subject to detention under section
402 of the Federal Meat Inspection Act (21 U.S.C. 672) and
section 19 of the Poultry Products Inspection Act (21 U.S.C.
467a), and shall train personnel of the Department of
Transportation in the appropriate use of such procedures.
[``(2) The procedures established under paragraph (1) of
this subsection shall apply, at a minimum, to the Department
of Transportation personnel who perform commercial motor
vehicle and railroad safety inspections.
[``(b) Notification of Secretaries of Health and Human
Services and Agriculture.--The Secretary of Transportation
shall promptly notify the Secretary of Health and Human
Services or the Secretary of Agriculture, as applicable, of
any instances of potential food contamination or adulteration
of a food identified during transportation safety
inspections.
[``(c) Use of State Employees.--The means by which the
Secretary of Transportation carries out subsection (b) of
this section may include inspections conducted by State
employees using funds authorized to be appropriated under
sections 31102 through 31104 of this title.''.
[SEC. 7404. EFFECTIVE DATE OF THE SUBTITLE.
[Unless otherwise specified, the provisions of this title
are effective October 1, 2003.
[Subtitle E--Sport Fishing and Boating Safety
[SEC. 7501. SPORT FISH RESTORATION ACCOUNT AMENDMENTS.
[(a) In General.--Section 4 of the Act entitled ``An Act to
provide that the United States shall aid the States in fish
restoration and management projects, and for other purposes''
(August 9, 1950)(16 U.S.C. 777c) is amended--
[(1) in subsection (b),
[(A) by striking ``2003'' each place it appears and
inserting ``2009''; and
[(B) by striking ``Secretary of Transportation'' each place
it appears and inserting ``Secretary of Homeland Security'';
and
[(2) in subsection (c)(5), by striking ``fiscal year 2003''
and inserting ``fiscal years 2003 through 2009''.
[(b) Clean Marina Initiatives.--To further enhance the
natural environment, Federal agencies administering programs
funded under the Aquatic Resources Trust Fund should promote,
to the extent practicable, ``Clean Marina Initiatives'' in
each of the following programs:
[(1) Clean Vessel Act ``Pumpout'' Program.
[(2) Boating Infrastructure Grant Program.
[(3) National Outreach and Communications Program.
[(4) Recreational Boating Access Facilities.
[TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET
OFFSETS
[SEC. 8101. DISCRETIONARY SPENDING CATEGORIES.
[(a) Definition of Highway Category and Mass Transit
Category.--
[(1) Section 250(c)(4)(B) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by--
[(A) striking ``Transportation Equity Act for the 21st
Century'' and inserting ``Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003''; and
[(B) adding after item (iv) the following new clauses:
[``(v) 69-8158-0-7-401 (Motor Carrier Safety Grants).
[``(vi) 69-8159-0-7-401 (Motor Carrier Safety Operations
and Programs).''.
[(2) Section 250(c)(4)(C) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended to read as
follows:
[``(C) The term `mass transit category' refers to the
following budget accounts or portions thereof that are
subject to the obligation limitations on contract authority
provided in the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003 or for which appropriations
are provided pursuant to authorizations contained in that
Act:
[``(i) 69-1120-0-1-401 (Administrative Expenses).
[``(ii) 69-1134-0-1-401 (Capital Investment Grants).
[``(iii) 69-8191-0-7-401 (Discretionary Grants).
[``(iv) 69-1129-0-1-401 (Formula Grants).
[``(v) 69-8303-0-7-401 (Formula Grants and Research).
[``(vi) 69-1127-0-1-401 (Interstate Transfer Grants--
Transit).
[``(vii) 69-1125-0-1-401 (Job Access and Reverse Commute).
[``(viii) 69-1122-0-1-401 (Miscellaneous Expired Accounts).
[``(ix) 69-1139-0-1-401 (Major Capital Investment Grants).
[``(x) 69-1121-0-1-401 (Research, Training and Human
Resources).
[``(xi) 69-8350-0-7-401 (Trust Fund Share of Expenses).
[``(xii) 69-1137-0-1-401 (Transit Planning and Research).
[[Page S460]]
[``(xiii) 69-1136-0-1-401 (University Transportation
Research).
[``(xiv) 69-1128-0-1-401 (Washington Metropolitan Area
Transit Authority).''.
[(b) Continuation of Separate Categories.--Section 251(c)
of the Balanced Budget and Emergency Deficit Control Act of
1985 is amended by adding at the end the following new
paragraphs:
[``(8) with respect to fiscal year 2004--
[``(A) for the highway category: $29,990,000,000 in
outlays; and
[``(B) for the mass transit category: $6,909,000,000 in
outlays.
[``(9) with respect to fiscal year 2005--
[``(A) for the highway category: $30,589,000,000 in
outlays; and
[``(B) for the mass transit category: $6,462,000,000 in
outlays.
[``(10) with respect to fiscal year 2006--
[``(A) for the highway category: $31,249,000,000 in
outlays; and
[``(B) for the mass transit category: $6,070,000,000 in
outlays.
[ ``(11) with respect to fiscal year 2007--
[``(A) for the highway category: $32,402,000,000 in
outlays; and
[``(B) for the mass transit category: $5,843,000,000 in
outlays.
[ ``(12) with respect to fiscal year 2008--
[``(A) for the highway category: $33,358,000,000 in
outlays; and
[``(B) for the mass transit category: $6,374,000,000 in
outlays.
[``(13) with respect to fiscal year 2009--
[``(A) for the highway category: $34,109,000,000 in
outlays; and
[``(B) for the mass transit category: $6,470,000,000 in
outlays.''.
[(c) Highway Funding Revenue Alignment.--Section
251(b)(1)(B) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(1)(B)) is amended--
[(1) in clause (i),
[(A) by inserting ``for fiscal year 2006, 2007, 2008, or
2009'' after ``submits the budget'';
[(B) by inserting ``the obligation limitation and outlay
limit for'' after ``adjustments to'';
[(C) by striking ``provided in clause (ii)(I)(cc).'' and
substituting ``follows:''; and
[(D) by inserting the following at the end:
[``(I) OMB shall calculate the change in the obligation
limitation for the highway category for the budget year by
taking the actual level of highway receipts for the year
before the current year and subtracting the sum of the
estimated level of highway receipts in clause (iii) plus any
amount previously calculated under clause (ii) for that year.
[``(II) OMB shall take the amount calculated under
subclause (I) and add that amount to the obligation
limitation set forth in section 8102(a) of the Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2003 for the highway category for the budget year, and
calculate the outlay change resulting from that change in
obligations relative to that amount for the budget year and
each outyear using current estimates. After making the
calculation under the preceding sentence, OMB shall adjust
the obligation limitation set forth in that section for the
budget year by adding the amount calculated under subclause
(I).'';
[(2) by striking clause (ii) and substituting the
following:
[``(ii) When the President submits the supplementary budget
estimates for fiscal year 2006, 2007, 2008, or 2009, under
section 1106 of title 31, United States Code, OMB's Mid-
Session Review shall include adjustments to the obligation
limitation and outlay limit for the highway category for the
budget year and each outyear as follows:
[``(I) OMB shall take the current estimate of highway
receipts for the current year and subtract the estimated
level of highway receipts in clause (iii) for that year.
[``(II) OMB shall take the amount calculated under
subclause (I) and add that amount to the amount of
obligations set forth in section 8102 of the Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2003 for the highway category for the budget year, and
calculate the outlay change resulting from that change in
obligations relative to that amount for the budget year and
each outyear using current estimates. After making the
calculation under the preceding sentence, OMB shall adjust
the amount of obligations set forth in that section for the
budget year by adding the amount calculated under subclause
(I).''; and
[(3) by inserting the following at the end:
[``(iii) The estimated level of highway receipts for the
purposes of this subparagraph are--
[``(I) for fiscal year 2004, $30,119,000,000;
[``(II) for fiscal year 2005, $31,109,000,000;
[``(III) for fiscal year 2006, $32,191,000,000;
[``(IV) for fiscal year 2007, $33,146,000,000;
[``(V) for fiscal year 2008, $34,018,000,000; and
[``(VI) for fiscal year 2009, $34,844,000,000.
[``(iv) In this subparagraph, the term ``highway receipts''
means the governmental receipts credited to the highway
account of the Highway Trust Fund.''.
[(d) Transit Funding Revenue Alignment.--Section
251(b)(1)(C) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(1)(C)) is amended to
read as follows:
[``(C) Adjustment to align mass transit spending with
revenues.--
[``(i) When the President submits the budget for fiscal
year 2006, 2007, 2008, or 2009, under section 1105 of title
31, United States Code, OMB shall calculate and the budget
shall include adjustments to the obligation limitation and
outlay limit for the mass transit category for the budget
year and each outyear as follows:
[``(I) OMB shall calculate the change in the obligation
limitation for the mass transit category for the budget year
by taking the actual level of mass transit receipts for the
year before the current year and subtract the sum of the
estimated level of mass transit receipts in clause (iii) plus
any amount previously calculated under clause (ii) for that
year.
[``(II) OMB shall take the amount calculated under
subclause (I) and add that amount to the amount of obligation
limitation set forth in section 8102 of the Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2003 for the mass transit category for the budget
year, and calculate the outlay change resulting from that
change in obligations relative to that amount for the budget
year and each outyear using current estimates. After making
the calculation under the preceding sentence, OMB shall
adjust the obligation limitation set forth in that section
for the budget year by adding the amount calculated under
subclause (I).
[``(ii) When the President submits the supplementary budget
estimates for fiscal year 2006, 2007, 2008, or 2009, under
section 1106 of title 31, United States Code, OMB's Mid-
Session Review shall include adjustments to the obligation
limitation and outlay limit for the mass transit category for
the budget year and each outyear as follows:
[``(I) OMB shall take the current estimate of mass transit
receipts for the current year and subtract the estimated
level of mass transit receipts in clause (iii) for that year.
[``(II) OMB shall take the amount calculated under
subclause (I) and add that amount to the obligation
limitation set forth in section 8102 of the Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2003 for the mass transit category for the budget
year, and calculate the outlay change resulting from that
change in obligations relative to that amount for the budget
year and each outyear using current estimates. After making
the calculation under the preceding sentence, OMB shall
adjust the obligation limitation set forth in that section
for the budget year by adding the amount calculated under
subclause (I).
[``(iii) The estimated level of mass transit receipts for
the purposes of this subparagraph are--
[``(I) for fiscal year 2004, $4,793,000,000;
[``(II) for fiscal year 2005, $4,926,000,000;
[``(III) for fiscal year 2006, $5,050,000,000;
[``(IV) for fiscal year 2007, $5,164,000,000;
[``(V) for fiscal year 2008, $5,270,000,000; and
[``(VI) for fiscal year 2009, $5,377,000,000.
[``(iv) In this subparagraph, the term ``mass transit
receipts'' means the governmental receipts credited to the
Mass Transit Account of the Highway Trust Fund.''.
[(e) Additional Adjustments.--Section 251(b)(1) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)(1)) is further amended--
[(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively;
[(2) in subparagraph (E)(i) as redesignated--
[(A) by striking ``1999'' and substituting ``2005;
[(B) by striking ``2000'' and substituting ``2006'';
[(C) by striking ``2003'' and substituting ``2009; and
[(D) by striking ``section 8103 of the Transportation
Equity Act for the 21st Century'' and substituting ``section
8102 of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003'';
[(3) in subparagraph (E)(ii) as redesignated--
[(A) by striking ``2000, 2001, 2002, or 2003'' and
substituting ``2006, 2007, 2008, and 2009; and
[(B) by striking ``by subparagraphs (B) and (C)'' and
substituting ``made by subparagraphs (B), (C), and (D)'';
[(4) in subparagraph (F) as redesignated, by striking ``(B)
and (C)'' and substituting ``(B), (C), and (D)''; and
[(5) by inserting the following after subparagraph (C):
[``(D) In addition to the adjustments required by
subparagraphs (B) and (C), when the President submits the
budget for fiscal year 2006, 2007, 2008, or 2009, under
section 1105 of title 31, United States Code, OMB shall
calculate and the budget shall include for the budget year
and each outyear an adjustment to the limits on outlays for
the highway category and the mass transit category equal to--
[``(i) the outlays for the applicable category calculated
assuming obligation levels consistent with the estimates
prepared pursuant to subparagraph (E), as adjusted, using
current technical assumptions; minus
[``(ii) the outlays for the applicable category set forth
in the subparagraph (E) estimates, as adjusted.''.
[(f) Enforcement of Guarantee.--Rule XXI of the Rules of
the House of Representatives is amended by striking ``section
8103 of the Transportation Equity Act for the 21st Century''
in clause 3 and substituting ``section 8102 of the Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2003''.
[SEC. 8102. LEVEL OF OBLIGATION LIMITATIONS.
[(a) Highway Category.--For the purposes of section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the
[[Page S461]]
level of obligation limitations for the highway category is--
[(1) for fiscal year 2004, $30,280,000,000;
[(2) for fiscal year 2005, $31,270,000,000;
[(3) for fiscal year 2006, $32,352,000,000;
[(4) for fiscal year 2007, $33,307,000,000;
[(5) for fiscal year 2008, $34,179,000,000; and
[(6) for fiscal year 2009, $35,005,000,000.
[(b) Mass Transit Category.--
[(1) For the purposes of section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985, the level
of obligation limitations for the mass transit category is--
[(A) for fiscal year 2004, $5,936,000,000;
[(B) for fiscal year 2005, $6,054,720,000;
[(C) for fiscal year 2006, $6,180,659,000;
[(D) for fiscal year 2007, $6,319,723,000;
[(E) for fiscal year 2008, $6,475,820,000; and
[(F) for fiscal year 2009, $6,633,183,000.
[(2) For purposes of this subsection, the term ``obligation
limitations'' means the sum of budget authority and
obligation limitations.
[SEC. 8103. EFFECTIVENESS OF TITLE.
[This title, and the amendments made by this title, become
effective on the day that section 251 of the Balanced Budget
and Emergency Deficit Control Act of 1985 comes into effect
after the enactment of this Act.
[TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
[SEC. 9001. SHORT TITLE; AMENDMENT OF 1986 CODE.
[(a) Short Title.--This title may be cited as the ``Surface
Transportation Revenue Act of 2004''.
[(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this title an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
[SEC. 9002. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUSTFUND.
[(a) Extension of Taxes.--
[(1) In general.--The following provisions are each amended
by striking ``2005'' each place it appears and inserting
``2011'':
[(A) Section 4041(a)(1)(C)(iii)(I) (relating to rate of tax
on certain buses).
[(B) Section 4041(a)(2)(B) (relating to rate of tax on
special motor fuels).
[(C) Section 4041(m)(1)(A) (relating to certain alcohol
fuels).
[(D) Section 4051(c) (relating to termination of tax on
heavy trucks and trailers).
[(E) Section 4071(d) (relating to termination of tax on
tires).
[(F) Section 4081(d)(1) (relating to termination of tax on
gasoline, diesel fuel, and kerosene).
[(G) Section 4481(e) (relating to period tax in effect).
[(H) Section 4482(c)(4) (relating to taxable period).
[(I) Section 4482(d) (relating to special rule for taxable
period in which termination date occurs).
[(2) Floor stocks refunds.--Section 6412(a)(1) (relating to
floor stocks refunds) is amended--
[(A) by striking ``2005'' each place it appears and
inserting ``2011'', and
[(B) by striking ``2006'' each place it appears and
inserting ``2012''.
[(b) Extension of Certain Exemptions.--The following
provisions are each amended by striking ``2005'' and
inserting ``2011'':
[(1) Section 4221(a) (relating to certain tax-free sales).
[(2) Section 4483(g) (relating to termination of exemptions
for highway use tax).
[(c) Extension of Deposits Into, and Certain Transfers
From, Trust Fund.--Subsections (b), (c)(2), and (c)(3) of
section 9503 (relating to the Highway Trust Fund) are
amended--
[(1) by striking ``2005'' each place it appears and
inserting ``2011'', and
[(2) by striking ``2006'' each place it appears and
inserting ``2012''.
[(d) Extension and Expansion of Expenditures From Trust
Fund.--
[(1) Highway account.--Section 9503 is amended by striking
subsection (c)(1) and inserting the following:
[``(1) Federal-aid highway and safety programs.--Except as
provided in subsection (e), amounts in the Highway Trust Fund
shall be available, as provided by appropriation Acts, for
making expenditures authorized by law to be paid out of the
Highway Trust Fund before October 1, 2011, to meet those
obligations of the United States heretofore or hereafter
incurred under the following Acts, as in effect on the date
of enactment of the last Act listed:
[``(A) The Highway Revenue Act of 1956.
[``(B) The Surface Transportation Assistance Act of 1982.
[``(C) The Surface Transportation and Uniform Relocation
Assistance Act of 1987.
[``(D) The Intermodal Surface Transportation Efficiency Act
of 1991.
[``(E) The Transportation Equity Act for the 21st Century.
[``(F) The Motor Carrier Safety Improvement Act of 1999.
[``(G) The Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003.''.
[(2) Mass transit account.--Section 9503(e)(3) is amended
to read as follows:
[``(3) Expenditures from account.--Amounts in the Mass
Transit Account shall be available, as provided by
appropriation Acts, for making capital or capital-related
expenditures before October 1, 2011 (including capital
expenditures for new projects) in accordance with the
following Acts and provisions of law, as in effect on the
date of enactment of the last Act listed:
[``(A) Section 5338(a)(1) or (b)(1) of title 49.
[``(B) The Intermodal Surface Transportation Efficiency Act
of 1991.
[``(C) The Transportation Equity Act for the 21st Century.
[``(D) The Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003.''.
[SEC. 9003. EXTENSION OF TAX BENEFITS FOR ALCOHOL FUELS.
[(a) Extension of Tax Benefits.--
[(1) Extension.--The following provisions are each amended
by striking ``2007'' each place it appears and inserting
``2014'':
[(A) Section 4041(b)(2)(C)(ii) and (D) (relating to
termination of reduction in tax for qualified methanol and
ethanol fuel).
[(B) Section 4041(k)(3) (relating to termination of rates
relating to fuels containing alcohol).
[(C) Section 4081(c)(8) (relating to termination of special
rate for taxable fuels mixed with alcohol).
[(D) Section 4091(c)(5) (relating to termination of reduced
rate of tax for aviation fuel in alcohol mixture, etc.).
[(E) Section 40(h) (relating to termination of credit for
ethanol blenders).
[(2) Extension of refund authority.--Paragraph (4) of
section 6427(f) (relating to refund for gasoline, diesel
fuel, and aviation fuel used to produce certain alcohol
fuels), as amended by the Taxpayer Relief Act of 1997, is
amended by striking ``2007'' and inserting ``2012''.
[(3) Credit for alcohol used as a fuel.--Paragraph (1) of
section 40(e) (relating to termination of credit for alcohol
used as a fuel) is amended--
[(A) by striking ``December 31, 2007'' in subparagraph (A)
and inserting ``December 31, 2014'', and
[(B) by striking ``January 1, 2008'' and inserting
``January 1, 2015''.
[(4) Tariff schedule.--Headings 9901.00.50 and 9901.00.52
of the Harmonized Tariff Schedule of the United States (19
U.S.C. 3007) are each amended in the effective period column
by striking ``10/1/2007'' each place it appears and inserting
``10/1/2014''.
[(b) Conforming Amendments.--
[(1) Amount of reduced credit for ethanol blenders.--The
table in paragraph (2) of 40(h) is amended by striking
``2005, 2006, or 2007'' and inserting ``2005 through 2014''.
[(2) Applicable blender rate for exempted qualified
methanol and ethanol fuel.--Section 4041(b)(2)(C) is amended
by striking ``2001'' and inserting ``2008''.
[SEC. 9004. PRIVATE ACTIVITY BONDS FOR SURFACE TRANSPORTATION
INFRASTRUCTURE.
[(a) Exempt Facility Bonds.--Section 142 is amended--
[(1) in subsection (a) by--
[(A) striking ``or'' at the end of paragraph (12);
[(B) striking the period at the end of paragraph (13) and
inserting a comma; and
[(C) adding after paragraph (13) the following new
paragraphs:
[``(14) highway facilities, or
[``(15) surface freight transfer facilities.''; and
[(2) by adding new subsections (l), (m), and (n) at the
end, as follows:
[``(l) Highway Facilities.--For purposes of subsection
(a)(14), the term `highway facilities' means--
[``(1) a surface transportation project eligible for
Federal assistance under title 23, United States Code (as in
effect on the date of enactment of this subsection), or
[``(2) a project for an international bridge or tunnel for
which an international entity authorized under Federal or
State law is responsible.
[``(m) Surface Freight Transfer Facilities.--For purposes
of subsection (a)(15), the term ``surface freight transfer
facilities'' means facilities for the transfer of freight
from truck to rail or rail to truck (including any temporary
storage facilities directly related to such transfers).
[``(n) Aggregate Face Amount of Tax-Exempt Financing for
Highway Facilities and Surface Freight Transfer Facilities.
[``(1) In general.--The aggregate face amount of bonds
issued pursuant to subsections (a)(14) (relating to highway
facilities) and (a)(15) (relating to surface freight transfer
facilities) shall not exceed $15,000,000,000, determined
without regard to any bond the proceeds of which are used
exclusively to refund a bond issued pursuant to either of
such subsections (or a bond which is a part of a series of
refundings of a bond so issued) if the amount of the
refunding bond does not exceed the outstanding amount of the
refunded bond.
[``(2) Allocation.--The Secretary of Transportation shall
allocate the amount described in paragraph (1) among eligible
projects satisfying the requirements of subsection (a)(14) or
(a)(15).''.
[(b) Volume Cap, Exception for Certain Bonds.--Section
146(g) is amended in paragraph (3), by--
[(1) striking ``(12), or (13)'' and inserting ``(12), (13),
(14), or (15)''; and
[(2) striking ``and qualified public educational
facilities'' and inserting ``qualified public educational
facilities, highway facilities, and surface freight transfer
facilities''.
[(c) Effective Date.--The amendments made by this section
shall apply to bonds issued after the date of the enactment
of this Act.
[[Page S462]]
[SEC. 9005. ALL ALCOHOL FUEL TAXES TRANSFERRED TO HIGHWAY
TRUST FUND.
[(a) In General.--Section 9503(b)(4) (relating to certain
taxes not transferred to Highway Trust Fund) is amended--
[(1) by adding ``or'' at the end of subparagraph (C);
[(2) in subparagraph (D)(iii), by striking ``, and'' after
``2005'' and inserting a period; and
[(3) by striking subparagraphs (E) and (F).
[(b) Effective Date.--The amendments made by this section
shall apply to taxes imposed after September 30, 2003.
[SEC. 9006. TRANSFER FROM HIGHWAY TRUST FUND TO BOAT SAFETY
ACCOUNT.
[(a) In General.--Section 9503(c)(4)(A) is amended by
striking ``2005'' and inserting ``2011''.
[(b) Conforming Amendments to Land and Water Conservation
Fund.--Section 201(b) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-11(b)) is amended--
[(1) by striking ``2003'' and inserting ``2009'', and
[(2) by striking ``2004'' each place it appears and
inserting ``2010''.
[(c) Technical Correction to Homeland Security Act.--
Section 1511(e)(2) of the Homeland Security Act of 2002
(Public Law No. 107-296) is amended by striking ``and to any
funds provided to the Coast Guard from the Aquatic Resources
Trust Fund of the Highway Trust Fund for boating safety
programs'', and inserting ``and any funds provided to the
Coast Guard from the Highway Trust Fund and transferred into
the Boat Safety Account of the Aquatic Resources Trust Fund
for boating safety programs.''.
[(d) Expenditures From Boat Safety Account.--Section
9504(c) is amended by striking ``2003'' and inserting
``2009''.
[SEC. 9007. EXTENSION OF SMALL-ENGINE FUEL TAXES TRANSFERRED
TO SPORT FISH RESTORATION ACCOUNT.
[Section 9503(c)(5)(A) is amended by striking the year
``2005'' and inserting ``2011''.
[SEC. 9008. TECHNICAL CORRECTION.
[The last sentence of paragraph (2) of section 9504(b) is
amended by striking ``subparagraph (B)'', and inserting
``subparagraph (C)''.
[SEC. 9009. TRANSFER BY REGISTERED PIPELINE, VESSEL, OR BARGE
REQUIRED FOR FUEL TAX EXEMPTION OF BULK
TRANSFERS TO REGISTERED TERMINALS OR
REFINERIES; DISPLAY OF REGISTRATION
REQUIREMENT.
[(a) In General.--Section 4081(a)(1)(B) (relating to
exemption for bulk transfers to registered terminals or
refineries) is amended by inserting ``, bulk carrier,'' after
``the taxable fuel''.
[(b) Civil Penalty for Carrying Taxable Fuels by
Nonregistered Pipelines or Vessels.--
[(1) In general.--Part II of subchapter B of chapter 68
(relating to assessable penalties) is amended by adding at
the end the following new section:
[``Sec. 6717. Failure to register under section 4101
[``(a) Failure To Register.--Any person who fails to
register with the Secretary as required by regulations under
section 4101 shall pay a penalty of $1,000 for each day
during the period of such failure in which such person
engages in an activity for which registration is required.
[``(b) Joint and Several Liability.--
[``(1) In general.--If a penalty is imposed under this
section on any business entity, each officer, employee, or
agent of such entity or other contracting party who willfully
participated in any act giving rise to such penalty shall be
jointly and severally liable with such entity for such
penalty.
[``(2) Affiliated groups.--If a business entity described
in paragraph (1) is part of an affiliated group (as defined
in section 1504(a)), the parent corporation of such entity
shall be jointly and severally liable with such entity for
the penalty imposed under this section.''.
[(2) Conforming amendment.--The table of sections for part
II of subchapter B of chapter 68 is amended by adding at the
end the following new item:
[``6717. Failure to register under section 4101.''.
[(c) Display of Registration.--
[(1) In general.--Section 4101 (relating to registration
and bond) is amended by adding at the end the following new
subsection:
[``(e) Display of Registration.--Every vessel operator
required by the Secretary to register under this section with
respect to the tax imposed by section 4081 shall display
proof of such registration in such manner as the Secretary
may prescribe.''.
[(2) Civil penalty for failure to display registration.--
[(A) In general.--Part II of subchapter B of chapter 68
(relating to assessable penalties) is amended by adding at
the end the following new section:
[``Sec. 6718. Failure to display proof of registration by
vessels or barges
[``(a) Failure To Display Proof of Registration.--Every
vessel operator who fails to display proof of registration
when required to do so pursuant to section 4101(e) shall pay
a penalty of $500 for each such failure. With respect to any
vessel, only one penalty shall be imposed by this section
during any calendar month.
[``(b) Multiple Violations.--In determining the penalty
under subsection (a) on any person or operator, subsection
(a) shall be applied by increasing the amount imposed in
subsection (a) by the product of such amount and the number
of prior penalties (if any) imposed by this section on such
person (or a related person or any predecessor of such person
or related person).''.
[(B) Conforming Amendment.--The table of sections for part
II of subchapter B of chapter 68 is amended by adding at the
end the following new item:
[``6718. Failure to display proof of registration by vessels or
barges.''.
[(d) Effective Date.--The amendments made by this section
shall take effect 90 days after the date of enactment of this
Act.
[SEC. 9010. RETURNS FILED ELECTRONICALLY.
[(a) Information Reporting.--Section 4101(d) (relating to
information reporting) is amended to read as follows:
[``(d) Information Reporting.--
[``(1) The Secretary may require--
[``(A) information reporting by any person registered under
this section, and
[``(B) information reporting by such other persons as the
Secretary deems necessary to carry out this part.
[``(2) Information reporting required by the Secretary
under paragraph (1) of this subsection shall be by electronic
format for any person having at least 25 reportable
transactions in a month.''.
[(b) Use Tax on Certain Vehicles.--Section 4481(b) is
amended by adding the following new sentence at the end:
``Any return of tax imposed by this section reporting at
least 25 vehicles shall be filed by electronic format.''.
[(c) Electronic Format.--The Secretary of the Treasury
shall describe the electronic formats for filing under
subsections (a) and (b) not later than 90 days after the date
of the enactment of this Act.
[(d) Effective Date.--The amendment made by subsection (a)
shall apply to returns due after the date the Secretary of
the Treasury describes the electronic format for filing under
subsection (a) and the amendment made by subsection (b) shall
apply to returns due after the date the Secretary of the
Treasury describes the electronic format for filing under
subsection (b).
[SEC. 9011. CIVIL PENALTY FOR REFUSAL OF ENTRY.
[(a) Section 4083(c)(3) is amended by adding at the end a
new sentence as follows: ``For purposes of this subsection,
the penalty provided by section 7342 shall be treated as an
assessable penalty and assessed in accordance with section
6671.''.
[(b) Effective Date.-- The amendments made by this section
shall take effect 90 days after the date of enactment of this
Act.
[SEC. 9012. REQUIREMENT OF TAX PAYMENT DECAL; ELIMINATION OF
INSTALLMENT PAYMENTS OF HIGHWAY USE TAX.
[(a) Display of Proof of Payment of Tax.--Section 4481(b)
(relating to imposition of tax on use of certain highway
motor vehicles) is amended by adding a sentence at the end as
follows: ``Every person, agency, or instrumentality who has
paid the tax imposed by this section shall display proof of
such payment in a manner as the Secretary may prescribe.''.
[(b) Civil Penalty for Failure To Display Proof of Tax
Payment Decal.--
[(1) In general.--Part II of subchapter B of chapter 68
(relating to assessable penalties) is amended by adding at
the end the following new section:
[``Sec. 6719. Failure to display proof of tax payment decal
[``(a) Imposition of Penalty.--Each person, agency, or
instrumentality who fails to display proof of payment of tax
when required to do so pursuant to the last sentence of
section 4481(b) (relating to the display of proof of payment
of tax) shall pay a penalty of $50. With respect to any
vehicle, only one penalty shall be imposed by this section
during any calendar month.
[``(b) Multiple Violations.--In determining the penalty
under subsection (a) on any person, agency, or
instrumentality, subsection (a) shall be applied by
increasing the amount imposed in subsection (a) by the
product of such amount and the number of prior penalties (if
any) imposed by this section on such person, agency, or
instrumentality. ''.
[(2) Conforming amendment.--The table of sections for part
II of subchapter B of chapter 68 is amended by adding at the
end the following new item:
[``6719. Failure to display proof of tax payment decal.''.
[(c) Elimination of Privilege To Pay Highway Use Tax in
Installments.--
[(1) Repeal.--Section 6156 (relating to the privilege to
pay in installments the tax imposed under section 4481 of
such Code on use of highway motor vehicles) is repealed.
[(2) Conforming amendment.--The table of sections for
subchapter A of chapter 62 is amended by striking the item
relating to section 6156.
[(d) Effective Date.--The amendments made by this section
shall apply to taxable periods beginning after the date of
the enactment of this Act.
[SEC. 9013. ADDITIONAL RULES REGARDING INSPECTIONS OF
RECORDS.
[(a) Provision of Copies of Records.--Section 4102
(relating to inspection of records by local officers) is
amended by inserting ``, and copies shall be furnished upon
request of,'' after ``inspection by''.
[(b) Inspection by Other Enforcement Agencies.--Section
4102 of the Internal Revenue Code of 1986, as amended by
subsection (a), is amended by inserting ``; such records and
information on returns required to be
[[Page S463]]
filed with respect to taxes under section 4481 shall be open
to inspection by officers of any State agency charged with
the registration and licensing of vehicles described in such
section and officers of any other Federal or State agency
charged with the enforcement of Federal or State law
regarding taxable fuels or criminal activities regarding
taxable fuels'' after ``section 4083)''.
[(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.]
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2003''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. General definitions.
Sec. 3. Definitions for title 23.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Funding
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Revenue aligned budget authority.
Subtitle B--New Programs
Sec. 1201. Infrastructure performance and maintenance program.
Sec. 1202. Future of surface transportation system.
Sec. 1203. Freight transportation gateways; freight intermodal
connections.
Sec. 1204. Construction of ferry boats and ferry terminal facilities.
Sec. 1205. Designation of Daniel Patrick Moynihan Interstate Highway.
Subtitle C--Finance
Sec. 1301. Federal share.
Sec. 1302. Transfer of highway and transit funds.
Sec. 1303. Transportation Infrastructure Finance and Innovation Act
Amendments.
Sec. 1304. Facilitation of international registration plans and
international fuel tax agreements.
Sec. 1305. National Commission on Future Revenue Sources to Support the
Highway Trust Fund and Finance the Needs of the Surface
Transportation System.
Sec. 1306. State infrastructure banks.
Subtitle D--Safety
Sec. 1401. Highway safety improvement program.
Sec. 1402. Operation lifesaver.
Sec. 1403. License suspension.
Sec. 1404. Bus axle weight exemption.
Sec. 1405. Safe routes to schools program.
Sec. 1406. Purchases of equipment.
Sec. 1407. Workzone safety.
Sec. 1408. Worker injury prevention and free flow of vehicular traffic.
Subtitle E--Environmental Planning and Review
Chapter 1--Transportation Planning
Sec. 1501. Integration of natural resource concerns into State and
metropolitan transportation planning.
Sec. 1502. Consultation between transportation agencies and resource
agencies in transportation planning.
Sec. 1503. Integration of natural resource concerns into transportation
project planning.
Sec. 1504. Public involvement in transportation planning and projects.
Sec. 1505. Project mitigation.
Chapter 2--Transportation Project Development Process
Sec. 1511. Transportation project development process.
Sec. 1512. Assumption of responsibility for categorical exclusions.
Sec. 1513. Surface transportation project delivery pilot program.
Sec. 1514. Regulations.
Chapter 3--Miscellaneous
Sec. 1521. Critical real property acquisition.
Sec. 1522. Planning capacity building initiative.
Subtitle F--Environment
Sec. 1601. Environmental restoration and pollution abatement; control
of invasive plant species and establishment of native
species.
Sec. 1602. National scenic byways program.
Sec. 1603. Recreational trails program.
Sec. 1604. Exemption of Interstate System.
Sec. 1605. Standards.
Sec. 1606. Use of high occupancy vehicle lanes.
Sec. 1607. Bicycle transportation and pedestrian walkways.
Sec. 1608. Idling reduction facilities in interstate rights-of-way.
Sec. 1609. Toll programs.
Sec. 1610. Federal reference method.
Sec. 1611. Addition of particulate matter areas to CMAQ.
Sec. 1612. Addition to CMAQ-eligible projects.
Sec. 1613. Improved interagency consultation.
Sec. 1614. Evaluation and assessment of CMAQ projects.
Sec. 1615. Synchronized planning and conformity timelines,
requirements, and horizon.
Sec. 1616. Transition to new air quality standards.
Sec. 1617. Reduced barriers to air quality improvements.
Sec. 1618. Air quality monitoring data influenced by exceptional
events.
Sec. 1619. Conforming amendments.
Sec. 1620. Highway stormwater discharge mitigation program.
Subtitle G--Operations
Sec. 1701. Transportation systems management and operations.
Sec. 1702. Real-time system management information program.
Subtitle H--Federal-Aid Stewardship
Sec. 1801. Future Interstate System routes.
Sec. 1802. Stewardship and oversight.
Sec. 1803. Design-build contracting.
Sec. 1804. Program efficiencies--finance.
Sec. 1805. Set-asides for interstate discretionary projects.
Sec. 1806. Federal lands highways program.
Sec. 1807. Emergency relief.
Sec. 1808. Highway bridge program.
Sec. 1809. Appalachian development highway system.
Sec. 1810. Multistate corridor program.
Sec. 1811. Border planning, operations, technology, and capacity
program.
Sec. 1812. Puerto Rico highway program.
Sec. 1813. National historic covered bridge preservation.
Sec. 1814. Transportation and community and system preservation pilot
program.
Sec. 1815. Tribal-State road maintenance agreements.
Sec. 1816. Forest highways.
Sec. 1817. Territorial highway program.
Sec. 1818. Magnetic levitation transportation technology deployment
program.
Sec. 1819. Donations and credits.
Sec. 1820. Disadvantaged business enterprises.
Subtitle I--Technical Corrections
Sec. 1901. Repeal or update of obsolete text.
Sec. 1902. Clarification of date.
Sec. 1903. Inclusion of requirements for signs identifying funding
sources in title 23.
Sec. 1904. Inclusion of Buy America requirements in title 23.
Sec. 1905. Technical amendments to nondiscrimination section.
TITLE II--TRANSPORTATION RESEARCH
Subtitle A--Funding
Sec. 2001. Authorization of appropriations.
Sec. 2002. Obligation ceiling.
Sec. 2003. Notice.
Subtitle B--Research and Technology
Sec. 2101. Research and technology program.
Sec. 2102. Study of data collection and statistical analysis efforts.
Sec. 2103. Centers for surface transportation excellence.
Subtitle C--Intelligent Transportation System Research
Sec. 2201. Intelligent transportation system research and technical
assistance program.
TITLE III--INTERMODAL PASSENGER FACILITIES
Sec. 3002. Intermodal passenger facilities.
TITLE IV--FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS
Sec. 4001. Amendment of Federal Aid in Fish Restoration Act.
Sec. 4002. Authorization of appropriations.
Sec. 4003. Division of annual appropriations.
Sec. 4004. Maintenance of projects.
Sec. 4005. Boating infrastructure.
Sec. 4006. Requirements and restrictions concerning use of amounts for
expenses for administration.
Sec. 4007. Payments of funds to and cooperation with Puerto Rico, the
District of Columbia, Guam, American Samoa, Commonwealth
of the Northern Marina Islands, and Virgin Islands.
Sec. 4008. Multistate conservation grant program.
SEC. 2. GENERAL DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. DEFINITIONS FOR TITLE 23.
Section 101 of title 23, United States Code, is amended by
striking subsection (a) and inserting the following:
``(a) Definitions.--In this title:
``(1) Apportionment.--The term `apportionment' includes an
unexpended apportionment made under a law enacted before the
date of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003.
``(2) Carpool project.--
``(A) In general.--The term `carpool project' means any
project to encourage the use of carpools and vanpools.
``(B) Inclusions.--The term `carpool project' includes a
project--
``(i) to provide carpooling opportunities to the elderly
and individuals with disabilities;
``(ii) to develop and implement a system for locating
potential riders and informing the riders of carpool
opportunities;
``(iii) to acquire vehicles for carpool use;
``(iv) to designate highway lanes as preferential carpool
highway lanes;
``(v) to provide carpool-related traffic control devices;
and
``(vi) to designate facilities for use for preferential
parking for carpools.
``(3) Construction.--
``(A) In general.--The term `construction' means the
supervision, inspection, and actual building of, and
incurring of all costs incidental to the construction or
reconstruction of a highway, including bond costs and other
costs relating to the issuance in accordance with section 122
of bonds or other debt financing instruments and costs
incurred by the State in performing Federal-aid project
related audits that directly benefit the Federal-aid highway
program.
``(B) Inclusions.--The term `construction' includes--
[[Page S464]]
``(i) locating, surveying, and mapping (including the
establishment of temporary and permanent geodetic markers in
accordance with specifications of the National Oceanic and
Atmospheric Administration);
``(ii) resurfacing, restoration, and rehabilitation;
``(iii) acquisition of rights-of-way;
``(iv) relocation assistance, acquisition of replacement
housing sites, and acquisition and rehabilitation,
relocation, and construction of replacement housing;
``(v) elimination of hazards of railway grade crossings;
``(vi) elimination of roadside obstacles;
``(vii) improvements that directly facilitate and control
traffic flow, such as--
``(I) grade separation of intersections;
``(II) widening of lanes;
``(III) channelization of traffic;
``(IV) traffic control systems; and
``(V) passenger loading and unloading areas;
``(viii) capital improvements that directly facilitate an
effective vehicle weight enforcement program, such as--
``(I) scales (fixed and portable);
``(II) scale pits;
``(III) scale installation; and
``(IV) scale houses;
``(ix) improvements directly relating to securing
transportation infrastructures for detection, preparedness,
response, and recovery;
``(x) operating costs relating to traffic monitoring,
management, and control;
``(xi) operational movements; and
``(xii) transportation system management and operations.
``(4) County.--The term `county' includes--
``(A) a corresponding unit of government under any other
name in a State that does not have county organizations; and
``(B) in those States in which the county government does
not have jurisdiction over highways, any local government
unit vested with jurisdiction over local highways.
``(5) Federal-aid highway.--
``(A) In general.--The term `Federal-aid highway' means a
highway eligible for assistance under this chapter.
``(B) Exclusions.--The term `Federal-aid highway' does not
include a highway classified as a local road or rural minor
collector.
``(6) Federal-aid system.--The term `Federal-aid system'
means any of the Federal-aid highway systems described in
section 103.
``(7) Federal lands highway.--The term `Federal lands
highway' means--
``(A) a forest highway;
``(B) a recreation road;
``(C) a public Forest Service road;
``(D) a park road;
``(E) a parkway;
``(F) a refuge road;
``(G) an Indian reservation road that is a public road; and
``(H) a public lands highway.
``(8) Forest highway.--The term `forest highway' means a
forest road that is--
``(A) under the jurisdiction of, and maintained by, a
public authority; and
``(B) is open to public travel.
``(9) Forest road or trail.--
``(A) In general.--The term `forest road or trail' means a
road or trail wholly or partly within, or adjacent to, and
serving National Forest System land that is necessary for the
protection, administration, use, and development of the
resources of that land.
``(B) Inclusions.--The term `forest road or trail'
includes--
``(i) a classified forest road;
``(ii) an unclassified forest road;
``(iii) a temporary forest road; and
``(iv) a public forest service road.
``(10) Freight transportation gateway.--
``(A) In general.--The term `freight transportation
gateway' means a nationally or regionally significant
transportation port of entry or hub for domestic and global
trade or military mobilization.
``(B) Inclusions.--The term `freight transportation
gateway' includes freight intermodal and Strategic Highway
Network connections that provide access to and from a port or
hub described in subparagraph (A).
``(11) Highway.--The term `highway' includes--
``(A) a road, street, and parkway;
``(B) a right-of-way, bridge, railroad-highway crossing,
tunnel, drainage structure, sign, guardrail, and protective
structure, in connection with a highway; and
``(C) a portion of any interstate or international bridge
or tunnel (including the approaches to the interstate or
international bridge or tunnel, and such transportation
facilities as may be required by the United States Customs
Service and the Bureau of Citizenship and Immigration
Services in connection with the operation of an international
bridge or tunnel), the cost of which is assumed by a State
transportation department.
``(12) Highway safety improvement project.--The term
`highway safety improvement project' means a project that
meets the requirements of section 148.
``(13) Indian reservation road.--
``(A) In general.--The term `Indian reservation road' means
a public road that is located within or provides access to an
area described in subparagraph (B) on which or in which
reside Indians or Alaskan Natives that, as determined by the
Secretary of the Interior, are eligible for services
generally available to Indians under Federal laws
specifically applicable to Indians.
``(B) Areas.--The areas referred to in subparagraph (A)
are--
``(i) an Indian reservation;
``(ii) Indian trust land or restricted Indian land that is
not subject to fee title alienation without the approval of
the Federal Government; and
``(iii) an Indian or Alaska Native village, group, or
community.
``(14) Interstate system.--The term `Interstate System'
means the Dwight D. Eisenhower National System of Interstate
and Defense Highways described in section 103(c).
``(15) Maintenance.--
``(A) In general.--The term `maintenance' means the
preservation of a highway.
``(B) Inclusions.--The term `maintenance' includes the
preservation of--
``(i) the surface, shoulders, roadsides, and structures of
a highway; and
``(ii) such traffic-control devices as are necessary for
safe, secure, and efficient use of a highway.
``(16) Maintenance area.--The term `maintenance area' means
an area that was designated as a nonattainment area, but was
later redesignated by the Administrator of the Environmental
Protection Agency as an attainment area, under section 107(d)
of the Clean Air Act (42 U.S.C. 7407(d)).
``(17) National forest system road or trail.--The term
`National Forest System road or trail' means a forest road or
trail that is under the jurisdiction of the Forest Service.
``(18) National highway system.--The term `National Highway
System' means the Federal-aid highway system described in
section 103(b).
``(19) Operating costs for traffic monitoring, management,
and control.--The term `operating costs for traffic
monitoring, management, and control' includes--
``(A) labor costs;
``(B) administrative costs;
``(C) costs of utilities and rent;
``(D) costs incurred by transportation agencies for
technology to monitor critical transportation infrastructure
for security purposes; and
``(E) other costs associated with transportation systems
management and operations and the continuous operation of
traffic control, such as--
``(i) an integrated traffic control system;
``(ii) an incident management program; and
``(iii) a traffic control center.
``(20) Operational improvement.--
``(A) In general.--The term `operational improvement'
means--
``(i) a capital improvement for installation or
implementation of--
``(I) a transportation system management and operations
program;
``(II) traffic and transportation security surveillance and
control equipment;
``(III) a computerized signal system;
``(IV) a motorist information system;
``(V) an integrated traffic control system;
``(VI) an incident management program;
``(VII) equipment and programs for transportation response
to manmade and natural disasters; or
``(VIII) a transportation demand management facility,
strategy, or program; and
``(ii) such other capital improvements to a public road as
the Secretary may designate by regulation.
``(B) Exclusions.--The term `operational improvement' does
not include--
``(i) a resurfacing, restorative, or rehabilitative
improvement;
``(ii) construction of an additional lane, interchange, or
grade separation; or
``(iii) construction of a new facility on a new location.
``(21) Park road.--The term `park road' means a public road
(including a bridge built primarily for pedestrian use, but
with capacity for use by emergency vehicles) that is located
within, or provides access to, an area in the National Park
System with title and maintenance responsibilities vested in
the United States.
``(22) Parkway.--The term `parkway' means a parkway
authorized by an Act of Congress on land to which title is
vested in the United States.
``(23) Project.--The term `project' means--
``(A)(i) an undertaking to construct a particular portion
of a highway; or
``(ii) if the context so implies, a particular portion of a
highway so constructed; and
``(B) any other undertaking eligible for assistance under
this title.
``(24) Project agreement.--The term `project agreement'
means the formal instrument to be executed by the Secretary
and a State transportation department under section 106.
``(25) Public authority.--The term `public authority' means
a Federal, State, county, town, or township, Indian tribe,
municipal or other local government or instrumentality with
authority to finance, build, operate, or maintain toll or
toll-free facilities.
``(26) Public forest service road.--The term `public Forest
Service road' means a classified forest road--
``(A) that is open to public travel;
``(B) for which title and maintenance responsibility is
vested in the Federal Government; and
``(C) that has been designated a public road by the Forest
Service.
``(27) Public lands development roads and trails.--The term
`public lands development roads and trails' means roads and
trails that the Secretary of the Interior determines are of
primary importance for the development, protection,
administration, and use of public lands and resources under
the control of the Secretary of the Interior.
``(28) Public lands highway.--The term `public lands
highway' means--
``(A) a forest road that is--
``(i) under the jurisdiction of, and maintained by, a
public authority; and
``(ii) open to public travel; and
``(B) any highway through unappropriated or unreserved
public land, nontaxable Indian land, or any other Federal
reservation (including a main highway through such land or
reservation that is on the Federal-aid system) that is--
``(i) under the jurisdiction of, and maintained by, a
public authority; and
[[Page S465]]
``(ii) open to public travel.
``(29) Public road.--The term `public road' means any road
or street that is--
``(A) under the jurisdiction of, and maintained by, a
public authority; and
``(B) open to public travel.
``(30) Recreational road.--The term `recreational road'
means a public road--
``(A) that provides access to a museum, lake, reservoir,
visitors center, gateway to a major wilderness area, public
use area, or recreational or historic site; and
``(B) for which title is vested in the Federal Government.
``(31) Refuge road.--The term `refuge road' means a public
road--
``(A) that provides access to or within a unit of the
National Wildlife Refuge System or a national fish hatchery;
and
``(B) for which title and maintenance responsibility is
vested in the United States Government.
``(32) Rural area.--The term `rural area' means an area of
a State that is not included in an urban area.
``(33) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(34) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia; and
``(C) the Commonwealth of Puerto Rico.
``(35) State funds.--The term `State funds' includes funds
that are--
``(A) raised under the authority of the State (or any
political or other subdivision of a State); and
``(B) made available for expenditure under the direct
control of the State transportation department.
``(36) State transportation department.--The term `State
transportation department' means the department, agency,
commission, board, or official of any State charged by the
laws of the State with the responsibility for highway
construction.
``(37) Territorial highway system.--The term `territorial
highway system' means the system of arterial highways,
collector roads, and necessary interisland connectors in
American Samoa, the Commonwealth of the Northern Mariana
Islands, Guam, and the United States Virgin Islands that have
been designated by the appropriate Governor or chief
executive officer of a territory, and approved by the
Secretary, in accordance with section 215.
``(38) Transportation enhancement activity.--The term
`transportation enhancement activity' means, with respect to
any project or the area to be served by the project, any of
the following activities as the activities relate to surface
transportation:
``(A) Provision of facilities for pedestrians and bicycles.
``(B) Provision of safety and educational activities for
pedestrians and bicyclists.
``(C) Acquisition of scenic easements and scenic or
historic sites (including historic battlefields).
``(D) Conduct of scenic or historic highway programs
(including the provision of tourist and welcome center
facilities).
``(E) Landscaping and other scenic beautification.
``(F) Historic preservation.
``(G) Rehabilitation and operation of historic
transportation buildings, structures, or facilities
(including historic railroad facilities and canals).
``(H) Preservation of abandoned railway corridors
(including the conversion and use of the corridors for
pedestrian or bicycle trails).
``(I) Control and removal of outdoor advertising.
``(J) Archaeological planning and research.
``(K) Environmental mitigation--
``(i) to address water pollution due to highway runoff; or
``(ii) reduce vehicle-caused wildlife mortality while
maintaining habitat connectivity.
``(L) Establishment of transportation museums.
``(39) Transportation systems management and operations.--
``(A) In general.--The term `transportation systems
management and operations' means an integrated program to
optimize the performance of existing infrastructure through
the implementation of multimodal and intermodal, cross-
jurisdictional systems, services, and projects designed to
preserve capacity and improve security, safety, and
reliability of the transportation system.
``(B) Inclusions.--The term `transportation systems
management and operations' includes--
``(i) regional operations collaboration and coordination
activities between transportation and public safety agencies;
and
``(ii) improvements to the transportation system such as
traffic detection and surveillance, arterial management,
freeway management, demand management, work zone management,
emergency management, electronic toll collection, automated
enforcement, traffic incident management, roadway weather
management, traveler information services, commercial vehicle
operations, traffic control, freight management, and
coordination of highway, rail, transit, bicycle, and
pedestrian operations.
``(40) Urban area.--The term `urban area' means--
``(A) an urbanized area (or, in the case of an urbanized
area encompassing more than 1 State, the portion of the
urbanized area in each State); and
``(B) an urban place designated by the Bureau of the Census
that--
``(i) has a population of 5,000 or more;
``(ii) is not located within any urbanized area; and
``(iii) is located within boundaries that--
``(I) are fixed cooperatively by responsible State and
local officials, subject to approval by the Secretary; and
``(II) encompass, at a minimum, the entire urban place
designated by the Bureau of the Census (except in the case of
cities in the State of Maine and in the State of New
Hampshire).
``(41) Urbanized area.--The term `urbanized area' means an
area that--
``(A) has a population of 50,000 or more;
``(B) is designated by the Bureau of the Census; and
``(C) is located within boundaries that--
``(i) are fixed cooperatively by responsible State and
local officials, subject to approval by the Secretary; and
``(ii) encompass, at a minimum, the entire urbanized area
within a State as designated by the Bureau of the Census.''.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Funding
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
The following sums are authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account):
(1) Interstate maintenance program.--For the Interstate
maintenance program under section 119 of title 23, United
States Code--
(A) $5,500,000,000 for fiscal year 2004;
(B) $6,300,000,000 for fiscal year 2005; and
(C) $6,550,000,000 for each of fiscal years 2006 through
2009.
(2) National highway system.--For the National Highway
System under section 103 of that title--
(A) $6,650,000,000 for fiscal year 2004;
(B) $7,650,000,000 for fiscal year 2005; and
(C) $7,950,000,000 for each of fiscal years 2006 through
2009.
(3) Bridge program.--For the bridge program under section
144 of that title--
(A) $4,700,000,000 for fiscal year 2004;
(B) $5,400,000,000 for fiscal year 2005; and
(C) $5,600,000,000 for each of fiscal years 2006 through
2009.
(4) Surface transportation program.--For the surface
transportation program under section 133 of that title--
(A) $6,950,000,000 for fiscal year 2004;
(B) $7,950,000,000 for fiscal year 2005; and
(C) $8,250,000,000 for each of fiscal years 2006 through
2009.
(5) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program under section 149 of that title--
(A) $1,900,000,000 for fiscal year 2004;
(B) $2,150,000,000 for fiscal year 2005; and
(C) $2,225,000,000 for each of fiscal years 2006 through
2009.
(6) Highway safety improvement program.--For the highway
safety improvement program under section 148 of that title--
(A) $1,200,000,000 for fiscal year 2004;
(B) $1,300,000,000 for fiscal year 2005; and
(C) $1,350,000,000 for each of fiscal years 2006 through
2009.
(7) Appalachian development highway system program.--For
the Appalachian development highway system program under
section 170 of that title, $590,000,000 for each of fiscal
years 2004 through 2009.
(8) Recreational trails program.--For the recreational
trails program under section 206 of that title, $60,000,000
for each of fiscal years 2004 through 2009.
(9) Federal lands highways program.--
(A) Indian reservation roads.--For Indian reservation roads
under section 204 of that title--
(i) $300,000,000 for fiscal year 2004;
(ii) $325,000,000 for fiscal year 2005;
(iii) $350,000,000 for fiscal year 2006;
(iv) $375,000,000 for fiscal year 2007;
(v) $400,000,000 for fiscal year 2008; and
(vi) $425,000,000 for fiscal year 2009.
(B) Recreation roads.--For recreation roads under section
204 of that title, $50,000,000 for each of fiscal years 2004
through 2009.
(C) Park roads and parkways.--For park roads and parkways
under section 204 of that title--
(i) $300,000,000 for fiscal year 2004;
(ii) $310,000,000 for fiscal year 2005; and
(iii) $320,000,000 for each of fiscal years 2006 through
2009.
(D) Refuge roads.--For refuge roads under section 204 of
that title, $30,000,000 for each of fiscal years 2004 through
2009.
(E) Public lands highways.--For Federal lands highways
under section 204 of that title, $300,000,000 for each of
fiscal years 2004 through 2009.
(F) Safety.--For safety under section 204 of that title,
$40,000,000 for each of fiscal years 2004 through 2009.
(10) Multistate corridor program.--For the multistate
corridor program under section 171 of that title--
(A) $112,500,000 for fiscal year 2004;
(B) $135,000,000 for fiscal year 2005;
(C) $157,500,000 for fiscal year 2006;
(D) $180,000,000 for fiscal year 2007;
(E) $202,500,000 for fiscal year 2008; and
(F) $225,000,000 for fiscal year 2009.
(11) Border planning, operations, and technology program.--
For the border planning, operations, and technology program
under section 172 of that title--
(A) $112,500,000 for fiscal year 2004;
(B) $135,000,000 for fiscal year 2005;
(C) $157,500,000 for fiscal year 2006;
(D) $180,000,000 for fiscal year 2007;
(E) $202,500,000 for fiscal year 2008; and
(F) $225,000,000 for fiscal year 2009.
(12) National scenic byways program.--For the national
scenic byways program under section 162 of that title--
(A) $34,000,000 for fiscal year 2004;
(B) $35,000,000 for fiscal year 2005;
(C) $36,000,000 for fiscal year 2006;
(D) $37,000,000 for fiscal year 2007; and
(E) $39,000,000 for each of fiscal years 2008 and 2009.
(13) Infrastructure performance and maintenance program.--
For carrying out the
[[Page S466]]
infrastructure performance and maintenance program under
section 139 of that title--
(A) $2,500,000,000 for each of fiscal years 2004 through
2006;
(B) $2,000,000,000 for each of fiscal years 2007 and 2008;
and
(C) $500,000,000 for fiscal year 2009.
(14) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry
terminal facilities under section 147 of that title,
$38,000,000 for each of fiscal years 2004 through 2009.
(15) Commonwealth of puerto rico highway program.--For the
Commonwealth of Puerto Rico highway program under section 173
of that title--
(A) $140,000,000 for fiscal year 2004;
(B) $145,000,000 for fiscal year 2005;
(C) $149,000,000 for fiscal year 2006;
(D) $154,000,000 for fiscal year 2007;
(E) $160,000,000 for fiscal year 2008; and
(F) $163,000,000 for fiscal year 2009.
SEC. 1102. OBLIGATION CEILING.
[RESERVED]
SEC. 1103. APPORTIONMENTS.
(a) Administrative Expenses.--
(1) In general.--Section 104 of title 23, United States
Code, is amended by striking subsection (a) and inserting the
following:
``(a) Administrative Expenses.--
``(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to be made available to the Secretary of
Transportation for administrative expenses of the Federal
Highway Administration--
``(A) $450,000,000 for fiscal year 2004;
``(B) $465,000,000 for fiscal year 2005;
``(C) $480,000,000 for fiscal year 2006;
``(D) $495,000,000 for fiscal year 2007;
``(E) $510,000,000 for fiscal year 2008; and
``(F) $525,000,000 for fiscal year 2009.
``(2) Purposes.--The funds authorized by this subsection
shall be used--
``(A) to administer the provisions of law to be financed
from appropriations for the Federal-aid highway program and
programs authorized under chapter 2; and
``(B) to make transfers of such sums as the Secretary
determines to be appropriate to the Appalachian Regional
Commission for administrative activities associated with the
Appalachian development highway system.
``(3) Availability.--The funds made available under
paragraph (1) shall remain available until expended.''.
(2) Conforming amendments.--Section 104 of title 23, United
States Code, is amended--
(A) in the matter preceding paragraph (1) of subsection
(b), by striking ``the deduction authorized by subsection (a)
and'';
(B) in the first sentence of subsection (e)(1), by striking
``, and also'' and all that follows through ``this section'';
and
(C) in subsection (i), by striking ``deducted'' and
inserting ``made available''.
(b) Metropolitan Planning.--Section 104(f) of title 23,
United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Set-aside.--On October 1 of each fiscal year, the
Secretary shall set aside 1.5 percent of the funds authorized
to be appropriated for expenditure upon programs authorized
under this title to carry out the requirements of section
134.'';
(2) in paragraph (2), by striking ``per centum'' and
inserting ``percent'';
(3) in paragraph (3)--
(A) by striking ``The funds'' and inserting the following:
``(A) In general.--The funds''; and
(B) by striking ``These funds'' and all that follows and
inserting the following:
``(B) Unused funds.--Any funds that are not used to carry
out section 134 may be made available by a metropolitan
planning organization to the State to fund activities under
section 135.''; and
(4) by adding at the end the following:
``(6) Federal share.--Funds apportioned to a State under
this subsection shall be matched in accordance with section
120(b) unless the Secretary determines that the interests of
the Federal-aid highway program would be best served without
the match.''.
(c) Alaska Highway.--Section 104(b)(1)(A) of title 23,
United States Code, is amended by striking ``1998 through
2002'' and inserting ``2004 through 2009''.
SEC. 1104. MINIMUM GUARANTEE.
Section 105 of title 23, United States Code, is amended by
striking subsections (a) through (f) and inserting the
following:
``(a) General Rule.--For each of fiscal years 2004 through
2009, the Secretary shall ensure that the percentage of
apportionments of each State is sufficient to ensure that,
based on the percentage of tax payments attributable to
highway users in each State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the latest fiscal
year for which data are available, no State's percentage
return from the Highway Trust Fund is less than 90.5 percent.
``(b) Apportionments--In making an apportionment described
in subsection (a) for a fiscal year, the Secretary shall
ensure that the rate of return of each State from the Highway
Trust Fund includes the total apportionments made for the
fiscal year for--
``(1) the Interstate maintenance program under section 119;
``(2) the National Highway System under section 103;
``(3) the bridge program under section 144;
``(4) the surface transportation program under section 133;
``(5) the congestion mitigation and air quality improvement
program under section 149;
``(6) the highway safety improvement program under section
148;
``(7) the Appalachian development highway system program
under section 170;
``(8) the recreational trails program under section 206;
``(9) the infrastructure performance and maintenance
program under section 139;
``(10) the metropolitan planning program under section
104(f);
``(11) the equity bonus program under this section;
``(12) the high priority projects program under section
1601 of the Transportation Equity Act for the 21st Century
(112 Stat. 255);
``(13) the safe routes to school program under section 150;
and
``(14) the railway-highway crossings under section 130.''.
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
Section 110 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraphs (1) and (2), by striking ``2000'' each
place it appears and inserting ``2006''; and
(B) in paragraph (2)--
(i) by striking ``the succeeding'' and inserting ``that'';
and
(ii) by striking ``and the motor carrier safety grant
program'';
(2) in subsection (b)(1), by striking subparagraph (A) and
inserting the following:
``(A) the sums authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) for
each of the Federal-aid highway and highway safety
construction programs (other than the equity bonus program)
and for which funds are allocated from the Highway Trust Fund
by the Secretary under this title and the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2003;
bears to'';
(3) in subsection (c), by inserting ``the highway safety
improvement program,'' after ``the surface transportation
program,''; and
(4) by striking subsections (e), (f), and (g).
Subtitle B--New Programs
SEC. 1201. INFRASTRUCTURE PERFORMANCE AND MAINTENANCE
PROGRAM.
(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code, is amended by inserting after section 138
the following:
``Sec. 139. Infrastructure performance and maintenance
program
``(a) Establishment.--The Secretary shall establish and
implement an infrastructure performance and maintenance
program in accordance with this section.
``(b) Eligible Projects.--
``(1) In general.--A State may obligate funds allocated to
the State under this section only for projects eligible under
the Interstate maintenance program under section 119, the
National Highway System program under section 103, the
surface transportation program under section 133, the highway
safety improvement program under section 148, the highway
bridge replacement and rehabilitation program under section
144, and the congestion mitigation and air quality
improvement program under section 149 that will--
``(A) preserve, maintain, or otherwise extend, in a cost-
effective manner, the useful life of existing highway
infrastructure elements; or
``(B) provide operational improvements (including traffic
management and intelligent transportation system strategies
and limited capacity enhancements) at points of recurring
highway congestion.
``(2) Set-aside.--Notwithstanding any other provision of
law, of the amounts made available under section 1101(a)(14)
of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003, $439,000,000 shall be
available for obligation to carry out this section without
further appropriation.
``(c) Period of Availability.--
``(1) Obligation within 180 days.--
``(A) In general.--Funds allocated to a State under this
section shall be obligated by the State not later than 180
days after the date of apportionment.
``(B) Unobligated funds.--Any amounts that remain
unobligated at the end of that period shall be allocated in
accordance with subsection (d).
``(2) Obligation by end of fiscal year.--
``(A) In general.--All funds allocated or reallocated under
this section shall remain available for obligation until the
last day of the fiscal year for which the funds are
apportioned.
``(B) Unobligated funds.--Any amounts allocated that remain
unobligated at the end of the fiscal year shall lapse.
``(d) Redistribution of Allocated Funds and Obligation
Authority.--
``(1) In general.--On the date that is 180 days after the
date of allocation, or as soon thereafter as practicable, for
each fiscal year, the Secretary shall--
``(A) withdraw--
``(i) any funds allocated to a State under this section
that remain unobligated; and
``(ii) an equal amount of obligation authority provided for
the use of the funds in accordance with section 1101(a)(14)
of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003; and
``(B) reallocate the funds and redistribute the obligation
authority to those States that--
``(i) have fully obligated all amounts allocated under this
section for the fiscal year; and
``(ii) demonstrate that the State is able to obligate
additional amounts for projects eligible under this section
before the end of the fiscal year.
``(2) Equity bonus.--The calculation and distribution of
funds under section 105 shall be adjusted as a result of the
allocation of funds under this subsection.
[[Page S467]]
``(e) Federal Share Payable.--The Federal share payable for
a project funded under this section shall be determined in
accordance with section 120.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding after the
item relating to section 138 the following:
``139. Infrastructure performance and maintenance program.''.
SEC. 1202. FUTURE OF SURFACE TRANSPORTATION SYSTEM.
(a) Declaration of Policy.--Section 101 of title 23, United
States Code, is amended--
(1) by striking ``(b) It is hereby declared to be'' and
inserting the following:
``(b) Declaration of Policy.--
``(1) Acceleration of construction of federal-aid highway
systems.--Congress declares that it is'';
(2) in the second paragraph, by striking ``It is hereby
declared'' and inserting the following:
``(2) Completion of interstate system.--Congress
declares''; and
(3) by striking the last paragraph and inserting the
following:
``(3) Transportation needs of 21st century.--Congress
declares that--
``(A) it is in the national interest to preserve and
enhance the surface transportation system to meet the needs
of the United States for the 21st Century;
``(B) the current urban and long distance personal travel
and freight movement demands have surpassed the original
forecasts and travel demand patterns are expected to change;
``(C) continued planning for and investment in surface
transportation is critical to ensure the surface
transportation system adequately meets the changing travel
demands of the future;
``(D) among the foremost needs that the surface
transportation system must meet to provide for a strong and
vigorous national economy are safe, efficient, and reliable--
``(i) national and interregional personal mobility
(including personal mobility in rural and urban areas) and
reduced congestion;
``(ii) flow of interstate and international commerce and
freight transportation; and
``(iii) travel movements essential for national security;
``(E) special emphasis should be devoted to providing safe
and efficient access for the type and size of commercial and
military vehicles that access designated National Highway
System intermodal freight terminals;
``(F) it is in the national interest to seek ways to
eliminate barriers to transportation investment created by
the current modal structure of transportation financing;
``(G) the connection between land use and infrastructure is
significant;
``(H) transportation should play a significant role in
promoting economic growth, improving the environment, and
sustaining the quality of life; and
``(I) the Secretary should take appropriate actions to
preserve and enhance the Interstate System to meet the needs
of the 21st Century.''.
(b) National Surface Transportation System Study.--
(1) In general.--The Secretary shall--
(A) conduct a complete investigation and study of the
current condition and future needs of the surface
transportation system of the United States, including--
(i) the National Highway System;
(ii) the Interstate System;
(iii) the strategic highway network;
(iv) congressional high priority corridors;
(v) intermodal connectors;
(vi) freight facilities;
(vii) navigable waterways;
(viii) mass transportation;
(ix) freight and intercity passenger rail infrastructure
and facilities; and
(x) surface access to airports; and
(B) develop a conceptual plan, with alternative approaches,
for the future to ensure that the surface transportation
system will continue to serve the needs of the United States,
including specific recommendations regarding design and
operational standards, Federal policies, and legislative
changes.
(2) Specific issues.--In conducting the investigation and
study, the Secretary shall specifically address--
(A) the current condition and performance of the Interstate
System (including the physical condition of bridges and
pavements and operational characteristics and performance),
relying primarily on existing data sources;
(B) the future of the Interstate System, based on a range
of legislative and policy approaches for 15-, 30-, and 50-
year time periods;
(C) the expected demographics and business uses that impact
the surface transportation system;
(D) the expected use of the surface transportation system,
including the effects of changing vehicle types, modes of
transportation, fleet size and weights, and traffic volumes;
(E) desirable design policies and standards for future
improvements of the surface transportation system, including
additional access points;
(F) the identification of urban, rural, national, and
interregional needs for the surface transportation system;
(G) the potential for expansion, upgrades, or other changes
to the surface transportation system, including--
(i) deployment of advanced materials and intelligent
technologies;
(ii) critical multistate, urban, and rural corridors
needing capacity, safety, and operational enhancements;
(iii) improvements to intermodal linkages;
(iv) security and military deployment enhancements;
(v) strategies to enhance asset preservation; and
(vi) implementation strategies;
(H) the improvement of emergency preparedness and
evacuation using the surface transportation system,
including--
(i) examination of the potential use of all modes of the
surface transportation system in the safe and efficient
evacuation of citizens during times of emergency;
(ii) identification of the location of critical
bottlenecks; and
(iii) development of strategies to improve system
redundancy, especially in areas with a high potential for
terrorist attacks;
(I) alternatives for addressing environmental concerns in
recommended alternatives;
(J) the evaluation and assessment of the current and future
capabilities for conducting system-wide real-time performance
data collection and analysis, traffic monitoring, and system
operations and management; and
(K) a range of policy and legislative alternatives for
addressing future needs for the surface transportation
system, including funding needs and potential approaches to
provide funds.
(3) Technical advisory committee.--The Secretary shall
establish a technical advisory committee, in a manner
consistent with the Federal Advisory Committee Act (5 U.S.C.
App.), to collect and evaluate technical input from--
(A) the Department of Defense;
(B) appropriate Federal, State, and local officials with
responsibility for transportation;
(C) appropriate State and local elected officials;
(D) transportation and trade associations;
(E) emergency management officials;
(F) freight providers;
(G) the general public; and
(H) other entities and persons determined appropriate by
the Secretary to ensure a diverse range of views.
(4) Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives, and make readily available to the
public, a report on the results of the investigation and
study conducted under this subsection.
SEC. 1203. FREIGHT TRANSPORTATION GATEWAYS; FREIGHT
INTERMODAL CONNECTIONS.
(a) Freight Transportation Gateways.--Chapter 3 of title
23, United States Code, is amended by adding at the end the
following:
``Sec. 325. Freight transportation gateways
``(a) In General.--
``(1) Establishment.--The Secretary shall establish a
freight transportation gateways program to improve
productivity, security, and safety of freight transportation
gateways, while mitigating congestion and community impacts
in the area of the gateways.
``(2) Purposes.--The purposes of the freight transportation
gateways program shall be--
``(A) to facilitate and support multimodal freight
transportation initiatives at the State and local levels in
order to improve freight transportation gateways and mitigate
the impact of congestion on the environment in the area of
the gateways;
``(B) to provide capital funding to address infrastructure
and freight operational needs at freight transportation
gateways;
``(C) to encourage adoption of new financing strategies to
leverage State, local, and private investment in freight
transportation gateways;
``(D) to facilitate access to intermodal freight transfer
facilities; and
``(E) to increase economic efficiency by facilitating the
movement of goods.
``(b) State Responsibilities.--
``(1) Project development process.--Each State, in
coordination with metropolitan planning organizations, shall
ensure that intermodal freight transportation, trade
facilitation, and economic development needs are adequately
considered and fully integrated into the project development
process, including transportation planning through final
design and construction of freight-related transportation
projects.
``(2) Freight transportation coordinator.--
``(A) In general.--Each State shall designate a freight
transportation coordinator.
``(B) Duties.--The coordinator shall--
``(i) foster public and private sector collaboration needed
to implement complex solutions to freight transportation and
freight transportation gateway problems, including--
``(I) coordination of metropolitan and statewide
transportation activities with trade and economic interests;
``(II) coordination with other States, agencies, and
organizations to find regional solutions to freight
transportation problems; and
``(III) coordination with local officials of the Department
of Defense and the Department of Homeland Security, and with
other organizations, to develop regional solutions to
military and homeland security transportation needs; and
``(ii) promote programs that build professional capacity to
better plan, coordinate, integrate, and understand freight
transportation needs for the State.
``(c) Innovative Finance Strategies.--
``(1) In general.--States and localities are encouraged to
adopt innovative financing strategies for freight
transportation gateway improvements, including--
``(A) new user fees;
``(B) modifications to existing user fees, including trade
facilitation charges;
[[Page S468]]
``(C) revenue options that incorporate private sector
investment; and
``(D) a blending of Federal-aid and innovative finance
programs.
``(2) Technical assistance.--The Secretary shall provide
technical assistance to States and localities with respect to
the strategies.
``(d) Intermodal Freight Transportation Projects.--
``(1) Use of surface transportation program funds.--A State
may obligate funds apportioned to the State under section
104(b)(3) for publicly-owned intermodal freight
transportation projects that provide community and highway
benefits by addressing economic, congestion, system
reliability, security, safety, or environmental issues
associated with freight transportation gateways.
``(2) Eligible projects.--A project eligible for funding
under this section--
``(A) may include publicly-owned intermodal freight
transfer facilities, access to the facilities, and
operational improvements for the facilities (including
capital investment for intelligent transportation systems),
except that projects located within the boundaries of port
terminals shall only include the surface transportation
infrastructure modifications necessary to facilitate direct
intermodal interchange, transfer, and access into and out of
the port; and
``(B) may involve the combining of private and public
funds.''.
(b) Eligibility for Surface Transportation Program Funds.--
Section 133(b) of title 23, United States Code, is amended by
inserting after paragraph (11) the following:
``(12) Intermodal freight transportation projects in
accordance with section 325(d)(2).''.
(c) Freight Intermodal Connections to NHS.--Section 103(b)
of title 23, United States Code, is amended by adding at the
end the following:
``(7) Freight intermodal connections to the nhs.--
``(A) Funding set-aside.--Of the funds apportioned to a
State for each fiscal year under section 104(b)(1), an amount
determined in accordance with subparagraph (B) shall only be
available to the State to be obligated for projects on--
``(i) National Highway System routes connecting to
intermodal freight terminals identified according to criteria
specified in the report to Congress entitled `Pulling
Together: The National Highway System and its Connections to
Major Intermodal Terminals' dated May 24, 1996, referred to
in paragraph (1), and any modifications to the connections
that are consistent with paragraph (4);
``(ii) strategic highway network connectors to strategic
military deployment ports; and
``(iii) projects to eliminate railroad crossings or make
railroad crossing improvements.
``(B) Determination of amount.--The amount of funds for
each State for a fiscal year that shall be set aside under
subparagraph (A) shall be equal to the greater of--
``(i) the product obtained by multiplying--
``(I) the total amount of funds apportioned to the State
under section 104(b)(1); by
``(II) the percentage of miles that routes specified in
subparagraph (A) constitute of the total miles on the
National Highway System in the State; or
``(ii) 2 percent of the annual apportionment to the State
of funds under 104(b)(1).
``(C) Exemption from set-aside.--For any fiscal year, a
State may obligate the funds otherwise set aside by this
paragraph for any project that is eligible under paragraph
(6) and is located in the State on a segment of the National
Highway System specified in paragraph (2), if the State
certifies and the Secretary concurs that--
``(i) the designated National Highway System intermodal
connectors described in subparagraph (A) are in good
condition and provide an adequate level of service for
military vehicle and civilian commercial vehicle use; and
``(ii) significant needs on the designated National Highway
System intermodal connectors are being met or do not
exist.''.
(d) Federal Share Payable.--Section 120 of title 23, United
States Code, is amended by adding at the end the following:
``(m) Increased Federal Share for Connectors.--In the case
of a project to support a National Highway System intermodal
freight connection or strategic highway network connector to
a strategic military deployment port described in section
103(b)(7), the Federal share of the total cost of the project
shall be 90 percent.''.
(e) Length Limitations.--Section 31111(e) of title 49,
United States Code, is amended--
(1) by striking ``The'' and inserting the following:
``(1) In general.--The''; and
(2) by adding at the end the following:
``(2) Length limitations.--In the interests of economic
competitiveness, security, and intermodal connectivity, not
later than 3 years after the date of enactment of this
paragraph, States shall update the list of Federal-aid system
highways to include--
``(A) strategic highway network connectors to strategic
military deployment ports; and
``(B) National Highway System intermodal freight
connections serving military and commercial truck traffic
going to major intermodal terminals as described in section
103(b)(7)(A)(i).''.
(f) Conforming Amendment.--The analysis of chapter 3 of
title 23, United States Code, is amended by adding at the end
the following:
``325. Freight transportation gateways.''.
SEC. 1204. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.
(a) In General.--Section 147 of title 23, United States
Code, is amended to read as follows:
``Sec. 147. Construction of ferry boats and ferry terminal
facilities
``(a) In General.--The Secretary shall carry out a program
for construction of ferry boats and ferry terminal facilities
in accordance with section 129(c).
``(b) Federal Share.--The Federal share of the cost of
construction of ferry boats and ferry terminals under this
section shall be 80 percent.
``(c) Set Aside for Projects on National Highway System.--
Before any apportionment is made under section 104(b)(3), the
Secretary shall set aside $20,000,000 for each of fiscal
years 2004 through 2009, for obligation by the Secretary,
for--
``(1) the construction or refurbishment of ferry boats and
ferry terminal facilities;
``(2) the acquisition of zero- or low-emission ferry boats,
or projects that advance the ship-building capacities of the
United States through the introduction of new technology; and
``(3) approaches to facilities described in paragraph (1)
located within marine highway systems that are part of the
National Highway System.
``(d) Funding.--There shall be made available to the
Secretary to carry out this section, out of the Highway Trust
Fund (other than the Mass Transit Account), for obligation at
the discretion of the Secretary and to remain available until
expended, $38,000,000 for the period of fiscal years 2004
through 2009.''.
(b) Conforming Amendments.--
(1) The analysis for subchapter I of chapter 1 of title 23,
United States Code, is amended by striking the item relating
to section 147 and inserting the following:
``147. Construction of ferry boats and ferry terminal facilities.''.
(2) Section 1064 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2005) is repealed.
SEC. 1205. DESIGNATION OF DANIEL PATRICK MOYNIHAN INTERSTATE
HIGHWAY.
(a) Designation.--Interstate Highway 86 in the State of New
York, extending from the Pennsylvania border near Lake Erie
through Orange County, New York, shall be known and
designated as the ``Daniel Patrick Moynihan Interstate
Highway''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
highway referred to in subsection (a) shall be deemed to be a
reference to the Daniel Patrick Moynihan Interstate Highway.
Subtitle C--Finance
SEC. 1301. FEDERAL SHARE.
Section 120 of title 23, United States Code, is amended by
striking subsection (d) and inserting the following:
``(d) Increased Federal Share.--
``(1) In general.--The Federal share payable under
subsection (a) or (b) may be increased for projects and
activities in each State in which is located--
``(A) nontaxable Indian land;
``(B) public land (reserved or unreserved);
``(C) a national forest; or
``(D) a national park and monument.
``(2) Amount.--
``(A) In general.--The Federal share for States described
in paragraph (1) shall be increased by a percentage of the
remaining cost that--
``(i) is equal to the percentage that--
``(I) the area of all land described in paragraph (1) in a
State; bears to
``(II) the total area of the State; but
``(ii) does not exceed 95 percent of the total cost of the
project or activity for which the Federal share is provided.
``(B) Adjustment.--The Secretary shall adjust the Federal
share for States under subparagraph (A) as the Secretary
determines necessary, on the basis of data provided by the
Federal agencies that are responsible for maintaining the
data.
``(C) Decreased federal share.--Unless the State
voluntarily agrees to a decreased Federal share, the
Secretary shall provide the maximum Federal share allowable
under subsections (a) and (b), as adjusted by this
subsection.''.
SEC. 1302. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.
Section 104 of title 23, United States Code, is amended by
striking subsection (k) and inserting the following:
``(k) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds for transit projects.--
``(A) In general.--Subject to subparagraph (B), funds made
available for transit projects or transportation planning
under this title may be transferred to and administered by
the Secretary in accordance with chapter 53 of title 49.
``(B) Non-federal share.--The provisions of this title
relating to the non-Federal share shall apply to the
transferred funds.
``(2) Transfer of transit funds for highway projects.--
Funds made available for highway projects or transportation
planning under chapter 53 of title 49 may be transferred to
and administered by the Secretary in accordance with this
title.
``(3) Transfer of highway funds to other federal
agencies.--
``(A) In general.--Except as provided in clauses (i) and
(ii) and subparagraph (B), funds made available under this
title or any other Act that are derived from Highway Trust
Fund (other than the Mass Transit account) may be transferred
to another Federal agency if--
[[Page S469]]
``(i)(I) an expenditure is specifically authorized in
Federal-aid highway legislation or as a line item in an
appropriation act; or
``(II) a State transportation department consents to the
transfer of funds;
``(ii) the Secretary determines, after consultation with
the State transportation department (as appropriate), that
the Federal agency should carry out a project with the funds;
and
``(iii) the other Federal agency agrees to accept the
transfer of funds and to administer the project.
``(B) Administration.--
``(i) Procedures.--A project carried out with funds
transferred to a Federal agency under subparagraph (A) shall
be administered by the Federal agency under the procedures of
the Federal agency.
``(ii) Appropriations.--Funds transferred to a Federal
agency under subparagraph (A) shall not be considered an
augmentation of the appropriations of the Federal agency.
``(iii) Non-federal share.--The provisions of this title,
or an Act described in subparagraph (A), relating to the non-
Federal share shall apply to a project carried out with the
transferred funds, unless the Secretary determines that it is
in the best interest of the United States that the non-
Federal share be waived.
``(4) Transfer of funds among states or to federal highway
administration.--
``(A) In general.--Subject to subparagraphs (B) through
(D), the Secretary may, at the request of a State, transfer
funds apportioned or allocated to the State to another State,
or to the Federal Highway Administration, for the purpose of
funding 1 or more specific projects.
``(B) Administration.--The transferred funds shall be used
for the same purpose and in the same manner for which the
transferred funds were authorized.
``(C) Apportionment.--The transfer shall have no effect on
any apportionment formula used to distribute funds to States
under this section or section 105 or 144.
``(D) Surface transportation program.--Funds that are
apportioned or allocated to a State under subsection (b)(3)
and attributed to an urbanized area of a State with a
population of over 200,000 individuals under section
133(d)(2) may be transferred under this paragraph only if the
metropolitan planning organization designated for the area
concurs, in writing, with the transfer request.
``(5) Transfer of obligation authority.--Obligation
authority for funds transferred under this subsection shall
be transferred in the same manner and amount as the funds for
the projects are transferred under this subsection.''.
SEC. 1303. TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION ACT AMENDMENTS.
(a) Definitions.--Section 181 of title 23, United States
Code, is amended--
(1) in paragraph (3), by striking ``category'' and
``offered into the capital markets'';
(2) by striking paragraph (7) and redesignating paragraphs
(8) through (15) as paragraphs (7) through (14) respectively;
(3) in paragraph (8) (as redesignated by paragraph (2))--
(A) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(B) by striking subparagraph (D) and inserting the
following:
``(D) a project that--
``(i)(I) is a project for--
``(aa) a public freight rail facility or a private facility
providing public benefit;
``(bb) an intermodal freight transfer facility;
``(cc) a means of access to a facility described in item
(aa) or (bb);
``(dd) a service improvement for a facility described in
item (aa) or (bb) (including a capital investment for an
intelligent transportation system); or
``(II) comprises a series of projects described in
subclause (I) with the common objective of improving the flow
of goods;
``(ii) may involve the combining of private and public
sector funds, including investment of public funds in private
sector facility improvements; and
``(iii) if located within the boundaries of a port
terminal, includes only such surface transportation
infrastructure modifications as are necessary to facilitate
direct intermodal interchange, transfer, and access into and
out of the port.''; and
(4) in paragraph (10) (as redesignated by paragraph (2)) by
striking ``bond'' and inserting ``credit''.
(b) Determination of Eligibility and Project Selection.--
Section 182 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Inclusion in transportation plans and programs.--The
project shall satisfy the applicable planning and programming
requirements of sections 134 and 135 at such time as an
agreement to make available a Federal credit instrument is
entered into under this subchapter.
``(2) Application.--A State, local government, public
authority, public-private partnership, or any other legal
entity undertaking the project and authorized by the
Secretary shall submit a project application to the
Secretary.'';
(B) in paragraph (3)(A)--
(i) in clause (i), by striking ``$100,000,000'' and
inserting ``$50,000,000''; and
(ii) in clause (ii), by striking ``50'' and inserting
``20''; and
(C) in paragraph (4)--
(i) by striking ``Project financing'' and inserting ``The
Federal credit instrument''; and
(ii) by inserting before the period at the end the
following: ``that also secure the project obligations''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``criteria'' the second
place it appears and inserting ``requirements''; and
(B) in paragraph (2)(B), by inserting ``(which may be the
Federal credit instrument)'' after ``obligations''.
(c) Secured Loans.--Section 183 of title 23, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``of any project selected under section
182.'' at the end;
(ii) in subparagraphs (A) and (B), by inserting ``of any
project selected under section 182'' after ``costs'' ; and
(iii) in subparagraph (B), by striking the semicolon at the
end and inserting a period; and
(B) in paragraph (4)--
(i) by striking ``funding'' and inserting ``execution'';
and
(ii) by striking ``rating,'' and all that follows and
inserting a period;
(2) in subsection (b)--
(A) by striking paragraph (2) and inserting the following:
``(2) Maximum amount.--The amount of the secured loan shall
not exceed the lesser of--
``(A) 33 percent of the reasonably anticipated eligible
project costs; or
``(B) the amount of the senior project obligations.'';
(B) in paragraph (3)(A)(i), by inserting ``that also secure
the senior project obligations'' after ``sources''; and
(C) in paragraph (4), by striking ``marketable''; and
(3) in subsection (c)--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(C) in paragraph (3) (as redesignated by subparagraph
(B))--
(i) in subparagraph (A), by striking ``during the 10
years''; and
(ii) in subparagraph (B)(ii), by striking ``loan'' and all
that follows and inserting ``loan.''.
(d) Lines of Credit.--Section 184 of title 23, United
States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``interest, any debt
service reserve fund, and any other available reserve'' and
inserting ``interest (but not including reasonably required
financing reserves)'';
(B) in paragraph (4), by striking ``marketable United
States Treasury securities as of the date on which the line
of credit is obligated'' and inserting `` United States
Treasury securities as of the date of execution of the line
of credit agreement''; and
(C) in paragraph (5)(A)(i), by inserting ``that also secure
the senior project obligations'' after ``sources''; and
(2) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``scheduled'';
(ii) by inserting ``be scheduled to'' after ``shall''; and
(iii) by striking ``be fully repaid, with interest,'' and
inserting ``to conclude, with full repayment of principal and
interest,''; and
(B) by striking paragraph (3).
(e) Program Administration.--Section 185 of title 23,
United States Code, is amended to read as follows:
``Sec. 185. Program administration
``(a) Requirement.--The Secretary shall establish a uniform
system to service the Federal credit instruments made
available under this subchapter.
``(b) Fees.--The Secretary may establish fees at a level to
cover all or a portion of the costs to the Federal government
of servicing the Federal credit instruments.
``(c) Servicer.--
``(1) In general.--The Secretary may appoint a financial
entity to assist the Secretary in servicing the Federal
credit instruments.
``(2) Duties.--The servicer shall act as the agent for the
Secretary.
``(3) Fee.--The servicer shall receive a servicing fee,
subject to approval by the Secretary.
``(d) Assistance From Expert Firms.--The Secretary may
retain the services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments.''.
(f) Funding.--Section 188 of title 23, United States Code,
is amended to read as follows:
``Sec. 188. Funding
``(a) Funding.--
``(1) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subchapter $130,000,000 for each
of fiscal years 2004 through 2009.
``(2) Collected fees.--All fees collected under this
subchapter shall be made available to the Secretary, without
further appropriation, to carry out this subchapter.
``(3) Administrative costs.--Of amounts made available
under paragraph (1), the Secretary may use for the
administration of this subchapter not more than $2,000,000
for each of fiscal years 2004 through 2009.
``(4) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.
``(b) Contract Authority.--
``(1) In general.--Notwithstanding any other provision of
law, approval by the Secretary of a Federal credit instrument
that uses funds made available under this subchapter shall be
deemed to be acceptance by the United States of a contractual
obligation to fund the Federal credit investment.
``(2) Availability.--Amounts authorized under this section
for a fiscal year shall be available for obligation on
October 1 of the fiscal year.''.
(g) Repeal.--Section 189 of title 23, United States code,
is repealed.
[[Page S470]]
(h) Conforming Amendments.--The analysis for chapter 1 of
title 23, United States Code, is amended--
(1) by striking the item relating to section 185 and
inserting the following:
``185. Program administration.'';
and
(2) by striking the item relating to section 189.
SEC. 1304. FACILITATION OF INTERNATIONAL REGISTRATION PLANS
AND INTERNATIONAL FUEL TAX AGREEMENTS.
(a) In General.--Chapter 317 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 31708. Facilitation of international registration
plans and international fuel tax agreements
``The Secretary may provide assistance to any State that is
participating in the International Registration Plan and
International Fuel Tax Agreement, as provided in sections
31704 and 31705, respectively, and that serves as a base
jurisdiction for motor carriers that are domiciled in Mexico,
to assist the State with administrative costs resulting from
serving as a base jurisdiction for motor carriers from
Mexico.''.
(b) Conforming Amendment.--The analysis for chapter 317 of
title 49, United States Code, is amended by adding at the end
the following:
``31708. Facilitation of international registration plans and
international fuel tax agreements.''.
SEC. 1305. NATIONAL COMMISSION ON FUTURE REVENUE SOURCES TO
SUPPORT THE HIGHWAY TRUST FUND AND FINANCE THE
NEEDS OF THE SURFACE TRANSPORTATION SYSTEM.
(a) Establishment.--There is established a commission to be
known as the ``National Commission on Future Revenue Sources
to Support the Highway Trust Fund and Finance the Needs of
the Surface Transportation System'' (referred to in this
section as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members, of whom--
(A) 3 members shall be appointed by the President;
(B) 2 members shall be appointed by the Speaker of the
House of Representatives;
(C) 2 members shall be appointed by the minority leader of
the House of Representatives;
(D) 2 members shall be appointed by the majority leader of
the Senate; and
(E) 2 members shall be appointed by the minority leader of
the Senate.
(2) Qualifications.--Members appointed under paragraph (1)
shall have experience in or represent the interests of--
(A) public finance, including experience in developing
State and local revenue resources;
(B) surface transportation program administration;
(C) organizations that use surface transportation
facilities;
(D) academic research into related issues; or
(E) other activities that provide unique perspectives on
current and future requirements for revenue sources to
support the Highway Trust Fund.
(3) Date of appointments.--The appointment of a member of
the Commission shall be made not later than 120 days after
the date of establishment of the Commission.
(4) Terms.--A member shall be appointed for the life of the
Commission.
(5) Vacancies.--A vacancy on the Commission--
(A) shall not affect the powers of the Commission; and
(B) shall be filled in the same manner as the original
appointment was made.
(6) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold the initial meeting of the
Commission.
(7) Meetings.--The Commission shall meet at the call of the
Chairperson.
(8) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(9) Chairperson and vice chairperson.--The Commission shall
select a Chairperson and Vice Chairperson from among the
members of the Commission.
(c) Duties.--
(1) In general.--The Commission shall--
(A) conduct a comprehensive study of alternatives to
replace or to supplement the fuel tax as the principal
revenue source to support the Highway Trust Fund and suggest
new or alternative sources of revenue to fund the needs of
the surface transportation system over at least the next 30
years;
(B) conduct the study in a manner that builds on--
(i) findings, conclusions, and recommendations of the
recent study conducted by the Transportation Research Board
on alternatives to the fuel tax to support highway program
financing; and
(ii) other relevant prior research;
(C) consult with the Secretary and the Secretary of the
Treasury in conducting the study to ensure that the views of
the Secretaries concerning essential attributes of Highway
Trust Fund revenue alternatives are considered;
(D) consult with representatives of State Departments of
Transportation and metropolitan planning organizations and
other key interested stakeholders in conducting the study to
ensure that--
(i) the views of the stakeholders on alternative revenue
sources to support State transportation improvement programs
are considered; and
(ii) any recommended Federal financing strategy takes into
account State financial requirements; and
(E) based on the study, make specific recommendations
regarding--
(i) actions that should be taken to develop alternative
revenue sources to support the Highway Trust Fund; and
(ii) the time frame for taking those actions.
(2) Specific matters.--The study shall address
specifically--
(A) the advantages and disadvantages of alternative revenue
sources to meet anticipated Federal surface transportation
financial requirements;
(B) recommendations concerning the most promising revenue
sources to support long-term Federal surface transportation
financing requirements;
(C) development of a broad transition strategy to move from
the current tax base to new funding mechanisms, including the
time frame for various components of the transition strategy;
(D) recommendations for additional research that may be
needed to implement recommended alternatives; and
(E) the extent to which revenues should reflect the
relative use of the highway system.
(3) Related work.--To the maximum extent practicable, the
study shall build on related work that has been done by--
(A) the Secretary of Transportation;
(B) the Secretary of Energy;
(C) the Transportation Research Board; and
(D) other entities and persons.
(4) Factors.--In developing recommendations under this
subsection, the Commission shall consider--
(A) the ability to generate sufficient revenues from all
modes to meet anticipated long-term surface transportation
financing needs;
(B) the roles of the various levels of government and the
private sector in meeting future surface transportation
financing needs;
(C) administrative costs (including enforcement costs) to
implement each option;
(D) the expected increase in non-taxed fuels and the impact
of taxing those fuels;
(E) the likely technological advances that could ease
implementation of each option;
(F) the equity and economic efficiency of each option;
(G) the flexibility of different options to allow various
pricing alternatives to be implemented; and
(H) potential compatibility issues with State and local tax
mechanisms under each alternative.
(5) Report and recommendations.--Not later than September
30, 2007, the Commission shall submit to Congress a final
report that contains--
(A) a detailed statement of the findings and conclusions of
the Commission; and
(B) the recommendations of the Commission for such
legislation and administrative actions as the Commission
considers appropriate.
(d) Powers.--
(1) Hearings.--The Commission may hold such hearings, meet
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out this section.
(2) Information from federal agencies.--
(A) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this section.
(B) Provision of information.--On request of the
Chairperson of the Commission, the head of the agency shall
provide the information to the Commission.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(4) Donations.--The Commission may accept, use, and dispose
of donations of services or property.
(e) Commission Personnel Matters.--
(1) Members.--A member of the Commission shall serve
without pay but shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of
title 5, United States Code, while away from the home or
regular place of business of the member in the performance of
the duties of the Commission.
(2) Contractor.--The Commission may contract with an
appropriate organization, agency, or entity to conduct the
study required under this section, under the strategic
guidance of the Commission.
(3) Administrative support.--On the request of the
Commission, the Administrator of the Federal Highway
Administration shall provide to the Commission, on a
reimbursable basis, the administrative support and services
necessary for the Commission to carry out the duties of the
Commission under this section.
(4) Detail of department personnel.--
(A) In general.--On the request of the Commission, the
Secretary may detail, on a reimbursable basis, any of the
personnel of the Department to the Commission to assist the
Commission in carrying out the duties of the Commission under
this section.
(B) Civil service status.--The detail of the employee shall
be without interruption or loss of civil service status or
privilege.
(5) Cooperation.--The staff of the Secretary shall
cooperate with the Commission in the study required under
this section, including providing such nonconfidential data
and information as are necessary to conduct the study.
(f) Relationship to Other Laws.--
(1) In general.--Except as provided in paragraphs (2) and
(3), funds made available to carry out this section shall be
available for obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23, United States
Code.
(2) Federal share.--The Federal share of the cost of the
study and the Commission under this section shall be 100
percent.
(3) Availability.--Funds made available to carry out this
section shall remain available until expended.
[[Page S471]]
(g) Authorization of Appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$3,000,000 for fiscal year 2004.
(h) Termination.--
(1) In general.--The Commission shall terminate on the date
that is 180 days after the date on which the Commission
submits the report of the Commission under subsection (c)(5).
(2) Records.--Not later than the termination date for the
Commission, all records and papers of the Commission shall be
delivered to the Administrator of General Services for
deposit in the National Archives.
SEC. 1306. STATE INFRASTRUCTURE BANKS.
Section 1511(b)(1)(A) of the Transportation Equity Act for
the 21st Century (23 U.S.C. 181 note; 112 Stat. 251) is
amended by striking ``Missouri,'' and all that follows
through ``for the establishment'' and inserting ``Missouri,
Rhode Island, Texas, and any other State that seeks such an
agreement for the establishment''.
Subtitle D--Safety
SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) Safety Improvement.--
(1) In general.--Section 148 of title 23, United States
Code, is amended to read as follows:
``Sec. 148. Highway safety improvement program
``(a) Definitions.--In this section:
``(1) Highway safety improvement program.--The term
`highway safety improvement program' means the program
carried out under this section.
``(2) Highway safety improvement project.--
``(A) In general.--The term `highway safety improvement
project' means a project described in the State strategic
highway safety plan that--
``(i) corrects or improves a hazardous road location or
feature; or
``(ii) addresses a highway safety problem.
``(B) Inclusions.--The term `highway safety improvement
project' includes a project for--
``(i) an intersection safety improvement;
``(ii) pavement and shoulder widening (including addition
of a passing lane to remedy an unsafe condition);
``(iii) installation of rumble strips or another warning
device, if the rumble strips or other warning devices do not
adversely affect the safety or mobility of bicyclists and
pedestrians;
``(iv) installation of a skid-resistant surface at an
intersection or other location with a high frequency of
accidents;
``(v) an improvement for pedestrian or bicyclist safety;
``(vi)(I) construction of any project for the elimination
of hazards at a railway-highway crossing that is eligible for
funding under section 130, including the separation or
protection of grades at railway-highway crossings;
``(II) construction of a railway-highway crossing safety
feature; or
``(III) the conduct of a model traffic enforcement activity
at a railway-highway crossing;
``(vii) construction of a traffic calming feature;
``(viii) elimination of a roadside obstacle;
``(ix) improvement of highway signage and pavement
markings;
``(x) installation of a priority control system for
emergency vehicles at signalized intersections;
``(xi) installation of a traffic control or other warning
device at a location with high accident potential;
``(xii) safety-conscious planning;
``(xiii) improvement in the collection and analysis of
crash data;
``(xiv) planning, equipment, operational activities, or
traffic enforcement activities (including police assistance)
relating to workzone safety;
``(xv) installation of guardrails, barriers (including
barriers between construction work zones and traffic lanes
for the safety of motorists and workers), and crash
attenuators;
``(xvi) the addition or retrofitting of structures or other
measures to eliminate or reduce accidents involving vehicles
and wildlife; or
``(xvii) installation and maintenance of signs (including
fluorescent, yellow-green signs) at pedestrian-bicycle
crossings and in school zones.
``(3) Safety project under any other section.--
``(A) In general.--The term `safety project under any other
section' means a project carried out for the purpose of
safety under any other section of this title.
``(B) Inclusion.--The term `safety project under any other
section' includes a project to--
``(i) promote the awareness of the public and educate the
public concerning highway safety matters; or
``(ii) enforce highway safety laws.
``(4) State highway safety improvement program.--The term
`State highway safety improvement program' means projects or
strategies included in the State strategic highway safety
plan carried out as part of the State transportation
improvement program under section 135(f).
``(5) State strategic highway safety plan.--The term `State
strategic highway safety plan' means a plan developed by the
State transportation department that--
``(A) is developed after consultation with--
``(i) a highway safety representative of the Governor of
the State;
``(ii) regional transportation planning organizations, if
any;
``(iii) representatives of major modes of transportation;
``(iv) local traffic enforcement officials;
``(v) persons responsible for administering section 130 at
the State level;
``(vi) representatives conducting Operation Lifesaver;
``(vii) representatives conducting a motor carrier safety
program under section 31104 or 31107 of title 49;
``(viii) motor vehicle administration agencies; and
``(ix) other major State and local safety stakeholders;
``(B) analyzes and makes effective use of State, regional,
or local crash data;
``(C) addresses engineering, management, operation,
education, enforcement, and emergency services elements of
highway safety as key factors in evaluating highway projects;
``(D) considers safety needs of, and high-fatality segments
of, public roads;
``(E) considers the results of State, regional, or local
transportation and highway safety planning processes in
existence as of the date of enactment of this section;
``(F) describes a program of projects or strategies to
reduce or eliminate safety hazards;
``(G) is approved by the Governor of the State or a
responsible State agency; and
``(H) is consistent with the requirements of section
135(f).
``(b) Program.--
``(1) In general.--The Secretary shall carry out a highway
safety improvement program.
``(2) Purpose.--The purpose of the highway safety
improvement program shall be to achieve a significant
reduction in traffic fatalities and serious injuries on
public roads.
``(c) Eligibility.--
``(1) In general.--To receive funds under this section, a
State shall have in effect a State highway safety improvement
program under which the State--
``(A) develops and implements a State strategic highway
safety plan that identifies and analyzes highway safety
problems and opportunities as provided in paragraph (2);
``(B) produces a program of projects or strategies to
reduce identified safety problems; and
``(C) evaluates the plan on a regular basis to ensure the
accuracy of the data and priority of proposed improvements.
``(2) Identification and analysis of highway safety
problems and opportunities.--As part of the State strategic
highway safety plan, a State shall--
``(A) have in place a crash data system with the ability to
perform safety problem identification and countermeasure
analysis;
``(B) based on the analysis required by subparagraph (A),
identify hazardous locations, sections, and elements
(including roadside obstacles, railway-highway crossing
needs, and unmarked or poorly marked roads) that constitute a
danger to motorists, bicyclists, pedestrians, and other
highway users;
``(C) adopt strategic and performance-based goals that--
``(i) address traffic safety, including behavioral and
infrastructure problems and opportunities on all public
roads;
``(ii) focus resources on areas of greatest need; and
``(iii) are coordinated with other State highway safety
programs;
``(D) advance the capabilities of the State for traffic
records data collection, analysis, and integration with other
sources of safety data (such as road inventories) in a manner
that--
``(i) complements the State highway safety program under
chapter 4 and the commercial vehicle safety plan under
section 31102 of title 49;
``(ii) includes all public roads; and
``(iii) identifies hazardous locations, sections, and
elements on public roads that constitute a danger to
motorists, bicyclists, and pedestrians;
``(E)(i) determine priorities for the correction of
hazardous road locations, sections, and elements (including
railway-highway crossing improvements), as identified through
crash data analysis;
``(ii) identify opportunities for preventing the
development of such hazardous conditions; and
``(iii) establish and implement a schedule of highway
safety improvement projects for hazard correction and hazard
prevention; and
``(F)(i) establish an evaluation process to analyze and
assess results achieved by highway safety improvement
projects carried out in accordance with procedures and
criteria established by this section; and
``(ii) use the information obtained under clause (i) in
setting priorities for highway safety improvement projects.
``(d) Eligible Projects.--
``(1) In general.--A State may obligate funds apportioned
to the State under this section to carry out--
``(A) any highway safety improvement project on any public
road or publicly owned bicycle or pedestrian pathway or
trail; or
``(B) as provided in subsection (e), for other safety
projects.
``(2) Use of other funding for safety.--
``(A) Effect of section.--Nothing in this section prohibits
the use of funds made available under other provisions of
this title for highway safety improvement projects.
``(B) Use of other funds.--States are encouraged to address
the full scope of their safety needs and opportunities by
using funds made available under other provisions of this
title (except a provision that specifically prohibits that
use).
``(e) Flexible Funding for States With a Strategic Highway
Safety Plan.--
``(1) In general.--To further the implementation of a State
strategic highway safety plan, a State may use up to 25
percent of the amount of funds made available under this
section for a fiscal year to carry out safety projects under
any other section as provided in the State strategic highway
safety plan.
``(2) Other transportation and highway safety plans.--
Nothing in this subsection requires a State to revise any
State process, plan, or program in effect on the date of
enactment of this section.
[[Page S472]]
``(f) Reports.--
``(1) In general.--A State shall submit to the Secretary a
report that--
``(A) describes progress being made to implement highway
safety improvement projects under this section;
``(B) assesses the effectiveness of those improvements; and
``(C) describes the extent to which the improvements funded
under this section contribute to the goals of--
``(i) reducing the number of fatalities on roadways;
``(ii) reducing the number of roadway-related injuries;
``(iii) reducing the occurrences of roadway-related
accidents;
``(iv) mitigating the consequences of roadway-related
accidents; and
``(v) reducing the occurrences of roadway-railroad grade
crossing accidents.
``(2) Contents; schedule.--The Secretary shall establish
the content and schedule for a report under paragraph (1).
``(g) Federal Share of Highway Safety Improvement
Projects.--The Federal share of the cost of a highway safety
improvement project carried out with funds made available
under this section shall be 90 percent.''.
(2) Allocations of apportioned funds.--Section 133(d) of
title 23, United States Code, is amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively;
(C) in paragraph (2) (as redesignated by subparagraph
(B))--
(i) in the first sentence of subparagraph (A)--
(I) by striking ``subparagraphs (C) and (D)'' and inserting
``subparagraph (C)''; and
(II) by striking ``80 percent'' and inserting ``90
percent'';
(ii) by striking subparagraph (C);
(iii) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively; and
(iv) in subparagraph (C) (as redesignated by clause (iii)),
by adding a period at the end; and
(D) in paragraph (4)(A) (as redesignated by subparagraph
(B)), by striking ``paragraph (2)'' and inserting ``paragraph
(1)''.
(3) Conforming amendments.--
(A) The analysis for chapter 1 of title 23, United States
Code, is amended by striking the item relating to section 148
and inserting the following:
``148. Highway safety improvement program.''.
(B) Sections 154, 164, and 409 of title 23, United States
Code, are amended by striking ``152'' each place it appears
and inserting ``148''.
(b) Apportionment of Highway Safety Improvement Program
Funds.--Section 104(b) of title 23, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by inserting
after ``Improvement program,'' the following: ``the highway
safety improvement program,''; and
(2) by adding at the end the following:
``(5) Highway safety improvement program.--
``(A) In general.--For the highway safety improvement
program, in accordance with the following formula:
``(i) 25 percent of the apportionments in the ratio that--
``(I) the total lane miles of Federal-aid highways in each
State; bears to
``(II) the total lane miles of Federal-aid highways in all
States.
``(ii) 40 percent of the apportionments in the ratio that--
``(I) the total vehicle miles traveled on lanes on Federal-
aid highways in each State; bears to
``(II) the total vehicle miles traveled on lanes on
Federal-aid highways in all States.
``(iii) 35 percent of the apportionments in the ratio
that--
``(I) the estimated tax payments attributable to highway
users in each State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year for
which data are available; bears to
``(II) the estimated tax payments attributable to highway
users in all States paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year for
which data are available.
``(B) Minimum apportionment.--Notwithstanding subparagraph
(A), each State shall receive a minimum of \1/2\ of 1 percent
of the funds apportioned under this paragraph.''.
(c) Elimination of Hazards Relating to Highway
Facilities.--
(1) Funds for protective devices.--Section 130(e) of title
23, United States Code, is amended--
(A) in the heading, by striking ``Protective Devices'' and
inserting ``Railway-Highway Crossings'';
(B) by striking the first sentence and inserting the
following:
``(1) In general.--For each fiscal year, at least
$200,000,000 of the funds authorized and expended under
section 148 shall be available for the elimination of hazards
and the installation of protective devices at railway-highway
crossings.''; and
(C) by striking ``Sums authorized'' and inserting the
following:
``(2) Obligation.--Sums authorized''.
(2) Biennial reports to congress.--Section 130(g) of title
23, United States Code, is amended in the third sentence--
(A) by inserting ``and the Committee on Commerce, Science,
and Transportation,'' after ``Public Works''; and
(B) by striking ``not later than April 1 of each year'' and
inserting ``every other year''.
(3) Expenditure of funds; apportionment.--Section 130 of
title 23, United States Code, is amended by adding at the end
the following:
``(k) Expenditure of Funds; Apportionment.--Funds made
available to carry out this section shall be--
``(1) available for expenditure on compilation and analysis
of data in support of activities carried out under subsection
(g); and
``(2) apportioned in accordance with section 104(b)(5).''.
(d) Transition.--
(1) Implementation.--Except as provided in paragraph (2),
to qualify for funding under section 148 of title 23, United
States Code (as amended by subsection (a)), a State shall
develop and implement a State strategic highway safety plan
as required by subsection (c) of that section not later than
October 1 of the second fiscal year after the date of
enactment of this Act.
(2) Interim period.--
(A) In general.--Before October 1 of the second fiscal year
after the date of enactment of this Act and until the date on
which a State develops and implements a State strategic
highway safety plan, the Secretary shall apportion funds to a
State for the highway safety improvement program and the
State may obligate funds apportioned to the State for the
highway safety improvement program under section 148 for
projects that were eligible for funding under sections 130
and 152 of that title, as in effect on the day before the
date of enactment of this Act.
(B) No strategic highway safety plan.--If a State has not
developed a strategic highway safety plan by October 1 of the
second fiscal year after the date of enactment of this Act,
but demonstrates to the satisfaction of the Secretary that
progress is being made toward developing and implementing
such a plan, the Secretary shall continue to apportion funds
for 1 additional fiscal year for the highway safety
improvement program under section 148 of title 23, United
States Code, to the State, and the State may continue to
obligate funds apportioned to the State under this section
for projects that were eligible for funding under sections
130 and 152 of that title, as in effect on the day before the
date of enactment of this Act.
(C) Penalty.--If a State has not adopted a strategic
highway safety plan by the date that is 2 years after the
date of enactment of this Act, funds made available to the
State under section 1101(6) shall be redistributed to other
States in accordance with section 104(b) of title 23, United
States Code.
SEC. 1402. OPERATION LIFESAVER.
Section 104(d)(1) of title 23, United States Code, is
amended--
(1) by striking ``subsection (b)(3)'' and inserting
``subsection (b)(5)''; and
(2) by striking ``$500,000'' and inserting ``$600,000''.
SEC. 1403. LICENSE SUSPENSION.
Section 164(a) of title 23, United States Code, is amended
by striking paragraph (3) and inserting the following:
``(3) License suspension.--The term `license suspension'
means--
``(A) the suspension of all driving privileges of an
individual for the duration of the suspension period; or
``(B) a combination of suspension of all driving privileges
of an individual for the first 90 days of the suspension
period, followed by reinstatement of limited driving
privileges requiring the individual to operate only motor
vehicles equipped with an ignition interlock system or other
device approved by the Secretary during the remainder of the
suspension period.''.
SEC. 1404. BUS AXLE WEIGHT EXEMPTION.
Section 1023 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 127 note; 105 Stat. 1951)
is amended by striking subsection (h) and inserting the
following:
``(h) Over-the-Road Bus and Public Transit Vehicle
Exemption.--
``(1) In general.--The second sentence of section 127 of
title 23, United States Code (relating to axle weight
limitations for vehicles using the Dwight D. Eisenhower
System of Interstate and Defense Highways), shall not apply
to--
``(A) any over-the-road bus (as defined in section 301 of
the Americans With Disabilities Act of 1990 (42 U.S.C.
12181)); or
``(B) any vehicle that is regularly and exclusively used as
an intrastate public agency transit passenger bus.
``(2) State action.--No State or political subdivision of a
State, or any political authority of 2 or more States, shall
impose any axle weight limitation on any vehicle described in
paragraph (1) in any case in which such a vehicle is using
the Dwight D. Eisenhower System of Interstate and Defense
Highways.''.
SEC. 1405. SAFE ROUTES TO SCHOOLS PROGRAM.
(a) In General.--Subchapter I of chapter I of title 23,
United States Code, is amended by inserting after section 149
the following:
``Sec. 150. Safe routes to schools program
``(a) Definitions.--In this section:
``(1) Primary and secondary school.--The term `primary and
secondary school' means a school that provides education to
children in any of grades kindergarten through 12.
``(2) Program.--The term `program' means the safe routes to
schools program established under subsection (b).
``(3) Vicinity of a school.--The term `vicinity of a
school' means the area within 2 miles of a primary or
secondary school.
``(b) Establishment.--The Secretary shall establish and
carry out a safe routes to school program for the benefit of
children in primary and secondary schools in accordance with
this section.
``(c) Purposes.--The purposes of the program shall be--
``(1) to enable and to encourage children to walk and
bicycle to school;
``(2) to encourage a healthy and active lifestyle by making
walking and bicycling to school
[[Page S473]]
safer and more appealing transportation alternatives; and
``(3) to facilitate the planning, development, and
implementation of projects and activities that will improve
safety in the vicinity of schools.
``(d) Eligible Recipients.--A State shall use amounts
apportioned under this section to provide financial
assistance to State, regional, and local agencies that
demonstrate an ability to meet the requirements of this
section.
``(e) Eligible Projects and Activities.--
``(1) Infrastructure-related projects.--
``(A) In general.--Amounts apportioned to a State under
this section may be used for the planning, design, and
construction of infrastructure-related projects to encourage
walking and bicycling to school, including--
``(i) sidewalk improvements;
``(ii) traffic calming and speed reduction improvements;
``(iii) pedestrian and bicycle crossing improvements;
``(iv) on-street bicycle facilities;
``(v) off-street bicycle and pedestrian facilities;
``(vi) secure bicycle parking facilities;
``(vii) traffic signal improvements; and
``(viii) pedestrian-railroad grade crossing improvements.
``(B) Location of projects.--Infrastructure-related
projects under subparagraph (A) may be carried out on--
``(i) any public road in the vicinity of a school; or
``(ii) any bicycle or pedestrian pathway or trail in the
vicinity of a school.
``(2) Behavioral activities.--
``(A) In general.--In addition to projects described in
paragraph (1), amounts apportioned to a State under this
section may be used for behavioral activities to encourage
walking and bicycling to school, including--
``(i) public awareness campaigns and outreach to press and
community leaders;
``(ii) traffic education and enforcement in the vicinity of
schools; and
``(iii) student sessions on bicycle and pedestrian safety,
health, and environment.
``(B) Allocation.--Of the amounts apportioned to a State
under this section for a fiscal year, not less than 10
percent shall be used for behavioral activities under this
paragraph.
``(f) Funding.--
``(1) Set aside.--Before apportioning amounts to carry out
section 148 for a fiscal year, the Secretary shall set aside
and use $70,000,000 to carry out this section.
``(2) Apportionment.--Amounts made available to carry out
this section shall be apportioned to States in accordance
with section 104(b)(5).
``(3) Administration of amounts.--Amounts apportioned to a
State under this section shall be administered by the State
transportation department.
``(4) Federal share.--The Federal share of the cost of a
project or activity funded under this section shall be 90
percent.
``(5) Period of availability.--Notwithstanding section
118(b)(2), amounts apportioned under this section shall
remain available until expended.''.
(b) Conforming Amendments.--The analysis for subchapter I
of chapter 1 of title 23, United States Code is amended by
inserting after the item relating to section 149 the
following:
``150. Safe routes to school program.''.
SEC. 1406. PURCHASES OF EQUIPMENT.
(a) In General.--Section 152 of title 23, United States
Code is amended to read as follows:
``Sec. 152. Purchases of equipment
``(a) In General.--Subject to subsection (b), a State or
other entity carrying out a project under this chapter shall
purchase device, tool or other equipment needed for the
project only after completing and providing a written
analysis demonstrating the cost savings associated with
purchasing the equipment compared with renting the equipment
from a qualified equipment rental provider before the project
commences
``(b) Applicability.--This section shall apply to--
``(1) earth moving, road machinery, and material handling
equipment, or any other item, with a purchase price in excess
of $75,000; and
``(2) aerial work platforms with a purchase price in excess
of $25,000.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code, is amended by
striking the item relating to section 152 and inserting the
following:
``152. Purchases of equipment.''.
SEC. 1407. WORKZONE SAFETY.
Section 358(b) of the National Highway System Designation
Act of 1995 (109 Stat. 625) is amended by adding at the end
the following:
``(7) Recommending all federally-assisted projects in
excess of $15,000,000 to enter into contracts only with work
zone safety services contractors, traffic control
contractors, and trench safety and shoring contractors that
carry general liability insurance in an amount not less than
$15,000,000.
``(8) Recommending federally-assisted projects the costs of
which exceed $15,000,000 to include work zone intelligent
transportation systems that are--
``(A) provided by a qualified vendor; and
``(B) monitored continuously.
``(9) Recommending federally-assisted projects to fully
fund not less than 5 percent of project costs for work zone
safety and temporary traffic control measures, in addition to
the cost of the project, which measures shall be provided by
a qualified work zone safety or traffic control provider.''.
SEC. 1408. WORKER INJURY PREVENTION AND FREE FLOW OF
VEHICULAR TRAFFIC.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall promulgate regulations--
(1) to decrease the probability of worker injury;
(2) to maintain the free flow of vehicular traffic by
requiring workers whose duties place the workers on, or in
close proximity to, a Federal-aid highway (as defined in
section 101 of title 23, United States Code) to wear high-
visibility clothing; and
(3) to require such other worker-safety measures for
workers described in paragraph (2) as the Secretary
determines appropriate.
Subtitle E--Environmental Planning and Review
CHAPTER 1--TRANSPORTATION PLANNING
SEC. 1501. INTEGRATION OF NATURAL RESOURCE CONCERNS INTO
STATE AND METROPOLITAN TRANSPORTATION PLANNING.
(a) Metropolitan Planning.--Section 134(f) of title 23,
United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (D)--
(i) by inserting after ``environment'' the following:
``(including the protection of habitat, water quality, and
agricultural and forest land, while minimizing invasive
species)''; and
(ii) by inserting before the semicolon the following:
``(including minimizing adverse health effects from mobile
source air pollution and promoting the linkage of the
transportation and development goals of the metropolitan
area)''; and
(B) in subparagraph (G), by inserting ``and efficient use''
after ``preservation'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Selection of factors.--After soliciting and
considering any relevant public comments, the metropolitan
planning organization shall determine which of the factors
described in paragraph (1) are most appropriate for the
metropolitan area to consider.''.
(b) Statewide Planning.--Section 135(c) of title 23, United
States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (D)--
(i) by inserting after ``environment'' the following:
``(including the protection of habitat, water quality, and
agricultural and forest land, while minimizing invasive
species)''; and
(ii) by inserting before the semicolon the following:
``(including minimizing adverse health effects from mobile
source air pollution and promoting the linkage of the
transportation and development goals of the State)''; and
(B) in subparagraph (G), by inserting ``and efficient use''
after ``preservation'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Selection of projects and strategies.--After
soliciting and considering any relevant public comments, the
State shall determine which of the projects and strategies
described in paragraph (1) are most appropriate for the State
to consider.''.
SEC. 1502. CONSULTATION BETWEEN TRANSPORTATION AGENCIES AND
RESOURCE AGENCIES IN TRANSPORTATION PLANNING.
(a) In General.--Section 134(g) of title 23, United States
Code, is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively; and
(B) by inserting after subparagraph (A) the following:
``(B) Mitigation activities.--
``(i) In general.--A long-range transportation plan shall
include a discussion of--
``(I) types of potential habitat, hydrological, and
environmental mitigation activities that may assist in
compensating for loss of habitat, wetland, and other
environmental functions; and
``(II) potential areas to carry out these activities,
including a discussion of areas that may have the greatest
potential to restore and maintain the habitat types and
hydrological or environmental functions affected by the plan.
``(ii) Consultation.--The discussion shall be developed in
consultation with Federal, State, and tribal wildlife, land
management, and regulatory agencies.'';
(2) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) Consultation.--
``(A) In general.--In each metropolitan area, the
metropolitan planning organization shall consult, as
appropriate, with State and local agencies responsible for
land use management, natural resources, environmental
protection, conservation, and historic preservation
concerning the development of a long-range transportation
plan.
``(B) Issues.--The consultation shall involve--
``(i) comparison of transportation plans with State
conservation plans or with maps, if available;
``(ii) comparison of transportation plans to inventories of
natural or historic resources, if available; or
``(iii) consideration of areas where wildlife crossing
structures may be needed to ensure connectivity between
wildlife habitat linkage areas.''.
(b) Improved Consultation During State Transportation
Planning.--
(1) In general.--Section 135(e)(2) of title 23, United
States Code, is amended by adding at the end the following:
[[Page S474]]
``(D) Consultation, comparison, and consideration.--
``(i) In general.--The long-range transportation plan shall
be developed, as appropriate, in consultation with State and
local agencies responsible for--
``(I) land use management;
``(II) natural resources;
``(III) environmental protection;
``(IV) conservation; and
``(V) historic preservation.
``(ii) Comparison and consideration.--Consultation under
clause (i) shall involve--
``(I) comparison of transportation plans to State
conservation plans or maps, if available;
``(II) comparison of transportation plans to inventories of
natural or historic resources, if available; or
``(III) consideration of areas where wildlife crossing
structures may be needed to ensure connectivity between
wildlife habitat linkage areas.''.
(2) Additional requirements.--Section 135(e) of title 23,
United States Code, is amended--
(A) by redesignating paragraphs (4) and (5) as paragraphs
(6) and (7), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Mitigation activities.--
``(A) In general.--A long-range transportation plan shall
include a discussion of--
``(i) types of potential habitat, hydrological, and
environmental mitigation activities that may assist in
compensating for loss of habitat, wetlands, and other
environmental functions; and
``(ii) potential areas to carry out these activities,
including a discussion of areas that may have the greatest
potential to restore and maintain the habitat types and
hydrological or environmental functions affected by the plan.
``(B) Consultation.--The discussion shall be developed in
consultation with Federal, State, and tribal wildlife, land
management, and regulatory agencies.
``(5) Transportation strategies.--A long-range
transportation plan shall identify transportation strategies
necessary to efficiently serve the mobility needs of
people.''.
SEC. 1503. INTEGRATION OF NATURAL RESOURCE CONCERNS INTO
TRANSPORTATION PROJECT PLANNING.
Section 109(c)(2) of title 23, United States Code, is
amended--
(1) by striking ``consider the results'' and inserting
``consider--
``(A) the results'';
(2) by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following:
``(B) the publication entitled `Flexibility in Highway
Design' of the Federal Highway Administration;
``(C) `Eight Characteristics of Process to Yield Excellence
and the Seven Qualities of Excellence in Transportation
Design' developed by the conference held during 1998 entitled
`Thinking Beyond the Pavement National Workshop on
Integrating Highway Development with Communities and the
Environment while Maintaining Safety and Performance'; and
``(D) any other material that the Secretary determines to
be appropriate.''.
SEC. 1504. PUBLIC INVOLVEMENT IN TRANSPORTATION PLANNING AND
PROJECTS.
(a) Metropolitan Planning.--
(1) Participation by interested parties.--Section 134(g)(5)
of title 23, United States Code (as redesignated by section
1502(a)(1)), is amended--
(A) by striking ``Before approving'' and inserting the
following:
``(A) In general.--Before approving''; and
(B) by adding at the end the following:
``(B) Methods.--In carrying out subparagraph (A), the
metropolitan planning organization shall, to the maximum
extent practicable--
``(i) hold any public meetings at convenient and accessible
locations and times;
``(ii) employ visualization techniques to describe plans;
and
``(iii) make public information available in electronically
accessible format and means, such as the World Wide Web.''.
(2) Publication of long-range transportation plans.--
Section 134(g)(6)(i) of title 23, United States Code (as
redesignated by section 1502(a)(1)), is amended by inserting
before the semicolon the following: ``, including (to the
maximum extent practicable) in electronically accessible
formats and means such as the World Wide Web''.
(b) Statewide Planning.--
(1) Participation by interested parties.--Section 135(e)(3)
of title 23, United States Code, is amended by striking
subparagraph (B) and inserting the following:
``(B) Methods.--In carrying out subparagraph (A), the State
shall, to the maximum extent practicable--
``(i) hold any public meetings at convenient and accessible
locations and times;
``(ii) employ visualization techniques to describe plans;
and
``(iii) make public information available in electronically
accessible format and means, such as the World Wide Web.''.
(2) Publication of long-range transportation plans.--
Section 135(e) of title 23, United States Code (as amended by
section 1502(b)(2)), is amended by adding at the end the
following:
``(8) Publication of long-range transportation plans.--Each
long-range transportation plan prepared by a State shall be
published or otherwise made available, including (to the
maximum extent practicable) in electronically accessible
formats and means, such as the World Wide Web.''.
SEC. 1505. PROJECT MITIGATION.
(a) Mitigation for National Highway System Projects.--
Section 103(b)(6)(M) of title 23, United States Code, is
amended--
(1) by inserting ``(i)'' after ``(M); and
(2) by adding at the end the following:
``(ii) State habitat, streams, and wetlands mitigation
efforts under section 155.''.
(b) Mitigation for Surface Transportation Program
Projects.--Section 133(b)(11) of title 23, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(11)''; and
(2) by adding at the end the following:
``(B) State habitat, streams, and wetlands mitigation
efforts under section 155.''.
(c) State Habitat, Streams, and Wetlands Mitigation
Funds.--Section 155 of title 23, United States Code, is
amended to read as follows:
``Sec. 155. State habitat, streams, and wetlands mitigation
funds
``(a) Establishment.--A State should establish a habitat,
streams, and wetlands mitigation fund (referred to in this
section as a `State fund').
``(b) Purpose.--The purpose of a State fund is to encourage
efforts for habitat, streams, and wetlands mitigation in
advance of or in conjunction with highway projects to--
``(1) ensure that the best habitat, streams, and wetland
mitigation sites now available are used; and
``(2) accelerate transportation project delivery by making
high-quality habitat, streams, and wetland mitigation credits
available when needed.
``(c) Funds.--A State may deposit into a State fund part of
the funds apportioned to the State under--
``(1) section 104(b)(1) for the National Highway System;
and
``(2) section 104(b)(3) for the surface transportation
program.
``(d) Use.--
``(1) In general.--Amounts deposited in a State fund shall
be used (in a manner consistent with this section) for
habitat, streams, or wetlands mitigation related to 1 or more
projects funded under this title, including a project under
the transportation improvement program of the State developed
under section 135(f).
``(2) Endangered species.--In carrying out this section, a
State and cooperating agency shall give consideration to
mitigation projects, on-site or off-site, that restore and
preserve the best available sites to conserve biodiversity
and habitat for--
``(A) Federal or State listed threatened or endangered
species of plants and animals; and
``(B) plant or animal species warranting listing as
threatened or endangered, as determined by the Secretary of
the Interior in accordance with section 4(b)(3)(B) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)).
``(e) Consistency With Applicable Requirements.--
Contributions from the State fund to mitigation efforts may
occur in advance of project construction only if the efforts
are consistent with all applicable requirements of Federal
law (including regulations).''.
(d) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code, is amended by
striking the item relating to section 155 and inserting the
following:
``155. State habitat, streams, and wetlands mitigation funds.''.
CHAPTER 2--TRANSPORTATION PROJECT DEVELOPMENT PROCESS
SEC. 1511. TRANSPORTATION PROJECT DEVELOPMENT PROCESS.
(a) In General.--Chapter 3 of title 23, United States Code
(as amended by section 1203(a)), is amended by inserting
after section 325 the following:
``Sec. 326. Transportation project development process
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means any agency,
department, or other unit of Federal, State, local, or tribal
government.
``(2) Environmental impact statement.--The term
`environmental impact statement' means a detailed statement
of the environmental impacts of a project required to be
prepared under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
``(3) Environmental review process.--
``(A) In general.--The term `environmental review process'
means the process for preparing, for a project--
``(i) an environmental impact statement; or
``(ii) any other document or analysis required to be
prepared under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.)
``(B) Inclusions.--The term `environmental review process'
includes the process for and completion of any environmental
permit, approval, review, or study required for a project
under any Federal law other than the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(4) Project.--The term `project' means any highway or
transit project that requires the approval of the Secretary.
``(5) Project sponsor.--The term `project sponsor' means an
agency or other entity (including any private or public-
private entity), that seeks approval of the Secretary for a
project.
``(6) State transportation department.--The term `State
transportation department' means any statewide agency of a
State with responsibility for transportation.
``(b) Process.--
``(1) Lead agency.--
``(A) In general.--The Department of Transportation shall
be the lead Federal agency in the environmental review
process for a project.
``(B) Joint lead agencies.--Nothing in this section
precludes another agency from being a joint lead agency in
accordance with regulations under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
[[Page S475]]
``(C) Concurrence of project sponsor.--The lead agency may
carry out the environmental review process in accordance with
this section only with the concurrence of the project
sponsor.
``(2) Request for process.--
``(A) In general.--A project sponsor may request that the
lead agency carry out the environmental review process for a
project or group of projects in accordance with this section.
``(B) Grant of request; public notice.--The lead agency
shall--
``(i) grant a request under subparagraph (A); and
``(ii) provide public notice of the request.
``(3) Effective date.--The environmental review process
described in this section may be applied to a project only
after the date on which public notice is provided under
subparagraph (B)(ii).
``(c) Roles and Responsibility of Lead Agency.--With
respect to the environmental review process for any project,
the lead agency shall have authority and responsibility to--
``(A) identify and invite cooperating agencies in
accordance with subsection (d);
``(B) develop an agency coordination plan with review,
schedule, and timelines in accordance with subsection (e);
``(C) determine the purpose and need for the project in
accordance with subsection (f);
``(D) determine the range of alternatives to be considered
in accordance with subsection (g);
``(E) convene dispute-avoidance and decision resolution
meetings and related efforts in accordance with subsection
(h);
``(F) take such other actions as are necessary and proper,
within the authority of the lead agency, to facilitate the
expeditious resolution of the environmental review process
for the project; and
``(G) prepare or ensure that any required environmental
impact statement or other document required to be completed
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) is completed in accordance with this
section and applicable Federal law.
``(d) Roles and Responsibilities of Cooperating Agencies.--
``(1) In general.--With respect to a project, each Federal
agency shall carry out any obligations of the Federal agency
in the environmental review process in accordance with this
section and applicable Federal law.
``(2) Invitation.--
``(A) In general.--The lead agency shall--
``(i) identify, as early as practicable in the
environmental review process for a project, any other
agencies that may have an interest in the project,
including--
``(I) agencies with jurisdiction over environmentally-
related matters that may affect the project or may be
required by law to conduct an environmental-related
independent review or analysis of the project or determine
whether to issue an environmental-related permit, license, or
approval for the project; and
``(II) agencies with special expertise relevant to the
project;
``(ii) invite the agencies identified in clause (i) to
become participating agencies in the environmental review
process for that project; and
``(iii) grant requests to become cooperating agencies from
agencies not originally invited.
``(B) Responses.--The deadline for receipt of a response
from an agency that receives an invitation under subparagraph
(A)(ii)--
``(i) shall be 30 days after the date of receipt by the
agency of the invitation; but
``(ii) may be extended by the lead agency for good cause.
``(3) Declining of invitations.--A Federal agency that is
invited by the lead agency to participate in the
environmental review process for a project shall be
designated as a cooperating agency by the lead agency, unless
the invited agency informs the lead agency in writing, by the
deadline specified in the invitation, that the invited
agency--
``(A) has no jurisdiction or authority with respect to the
project;
``(B) has no expertise or information relevant to the
project; and
``(C) does not intend to submit comments on the project.
``(4) Effect of designation.--Designation as a cooperating
agency under this subsection shall not imply that the
cooperating agency--
``(A) supports a proposed project; or
``(B) has any jurisdiction over, or special expertise with
respect to evaluation of, the project.
``(5) Designations for categories of projects.--
``(A) In general.--The Secretary may invite other agencies
to become cooperating agencies for a category of projects.
``(B) Designation.--An agency may be designated as a
cooperating agency for a category of projects only with the
consent of the agency.
``(6) Concurrent reviews.--Each Federal agency shall, to
the maximum extent practicable--
``(A) carry out obligations of the Federal agency under
other applicable law concurrently, and in conjunction, with
the review required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would
impair the ability of the Federal agency to carry out those
obligations; and
``(B) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure
completion of the environmental review process in a timely,
coordinated, and environmentally responsible manner.
``(e) Development of Flexible Process and Timeline.--
``(1) Coordination plan.--
``(A) In general.--The lead agency shall establish a
coordination plan, which may be incorporated into a
memorandum of understanding, to coordinate agency and public
participation in and comment on the environmental review
process for a project or category of projects.
``(B) Workplan.--
``(i) In general.--The lead agency shall develop, as part
of the coordination plan, a workplan for completing the
collection, analysis, and evaluation of baseline data and
future impacts modeling necessary to complete the
environmental review process, including any data, analyses,
and modeling necessary for related permits, approvals,
reviews, or studies required for the project under other
laws.
``(ii) Consultation.--In developing the workplan under
clause (i), the lead agency shall consult with--
``(I) each cooperating agency for the project;
``(II) the State in which the project is located; and
``(III) if the State is not the project sponsor, the
project sponsor.
``(C) Schedule.--
``(i) In general.--The lead agency shall establish as part
of the coordination plan, after consultation with each
cooperating agency for the project and with the State in
which the project is located (and, if the State is not the
project sponsor, with the project sponsor), a schedule for
completion of the environmental review process for the
project.
``(ii) Factors for consideration.--In establishing the
schedule, the lead agency shall consider factors such as--
``(I) the responsibilities of cooperating agencies under
applicable laws;
``(II) resources available to the cooperating agencies;
``(III) overall size and complexity of a project;
``(IV) the overall schedule for and cost of a project; and
``(V) the sensitivity of the natural and historic resources
that could be affected by the project.
``(D) Consistency with other time periods.--A schedule
under subparagraph (C) shall be consistent with any other
relevant time periods established under Federal law.
``(E) Modification.--The lead agency may--
``(i) lengthen a schedule established under subparagraph
(C) for good cause; and
``(ii) shorten a schedule only with the concurrence of the
affected cooperating agencies.
``(F) Dissemination.--A copy of a schedule under
subparagraph (C), and of any modifications to the schedule,
shall be--
``(i) provided to all cooperating agencies and to the State
transportation department of the State in which the project
is located (and, if the State is not the project sponsor, to
the project sponsor); and
``(ii) made available to the public.
``(2) Comments and timelines.--
``(A) In general.--A schedule established under paragraph
(1)(C) shall include--
``(i) opportunities for comment, deadline for receipt of
any comments submitted, deadline for lead agency response to
comments; and
``(ii) except as otherwise provided under paragraph (1)--
``(I) an opportunity to comment by agencies and the public
on a draft or final environmental impact statement for a
period of not more than 60 days longer than the minimum
period required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
``(II) for all other comment periods established by the
lead agency for agency or public comments in the
environmental review process, a period of not more than the
longer of--
``(aa) 30 days after the final day of the minimum period
required under Federal law (including regulations), if
available; or
``(bb) if a minimum period is not required under Federal
law (including regulations), 30 days.
``(B) Extension of comment periods.--The lead agency may
extend a period of comment established under this paragraph
for good cause.
``(C) Late comments.--A comment concerning a project
submitted under this paragraph after the date of termination
of the applicable comment period or extension of a comment
period shall not be eligible for consideration by the lead
agency unless the lead agency or project sponsor determines
there was good cause for the delay or the lead agency is
required to consider significant new circumstances or
information in accordance with sections 1501.7 and 1502.9 of
title 40, Code of Federal Regulations.
``(D) Deadlines for decisions under other laws.--In any
case in which a decision under any Federal law relating to a
project (including the issuance or denial of a permit or
license) is required to be made by the later of the date that
is 180 days after the date on which the Secretary made all
final decisions of the lead agency with respect to the
project, or 180 days after the date on which an application
was submitted for the permit or license, the Secretary shall
submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives--
``(i) as soon as practicable after the 180-day period, an
initial notice of the failure of the Federal agency to make
the decision; and
``(ii) every 60 day thereafter until such date as all
decisions of the Federal agency relating to the project have
been made by the Federal agency, an additional notice that
describes the number of decisions of the Federal agency that
remain outstanding as of the date of the additional notice.
``(3) Involvement of the public.--Nothing in this
subsection shall reduce any time period provided for public
comment in the environmental review process under existing
Federal law (including a regulation).
``(f) Development of Project Purpose and Need Statement.--
``(1) In general.--With respect to the environmental review
process for a project, the purpose and need for the project
shall be defined in accordance with this subsection.
``(2) Authority.--The lead agency shall define the purpose
and need for a project, including the transportation
objectives and any other
[[Page S476]]
objectives intended to be achieved by the project.
``(3) Involvement of cooperating agencies and the public.--
Before determining the purpose and need for a project, the
lead agency shall solicit for 30 days, and consider, any
relevant comments on the draft statement of purpose and need
for a proposed project received from the public and
cooperating agencies.
``(4) Effect on other reviews.--For the purpose of
compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and any other law requiring an
agency that is not the lead agency to determine or consider a
project purpose or project need, such an agency acting,
permitting, or approving under, or otherwise applying,
Federal law with respect to a project shall adopt the
determination of purpose and need for the project made by the
lead agency.
``(5) Savings.--Nothing in this subsection preempts or
interferes with any power, jurisdiction, responsibility, or
authority of an agency under applicable law (including
regulations) with respect to a project.
``(6) Contents.--
``(A) In general.--The statement of purpose and need shall
include a clear statement of the objectives that the proposed
project is intended to achieve.
``(B) Effect on existing standards.--Nothing in this
subsection shall alter existing standards for defining the
purpose and need of a project.
``(7) Factors to consider.--The lead agency may determine
that any of the following factors and documents are
appropriate for consideration in determining the purpose of
and need for a project:
``(A) Transportation plans and related planning documents
developed through the statewide and metropolitan
transportation planning process under sections 134 and 135.
``(B) Land use plans adopted by units of State, local, or
tribal government (or, in the case of Federal land, by the
applicable Federal land management agencies).
``(C) Economic development plans adopted by--
``(i) units of State, local, or tribal government; or
``(ii) established economic development planning
organizations or authorities.
``(D) Environmental protection plans, including plans for
the protection or treatment of--
``(i) air quality;
``(ii) water quality and runoff;
``(iii) habitat needs of plants and animals;
``(iv) threatened and endangered species;
``(v) invasive species;
``(vi) historic properties; and
``(vii) other environmental resources.
``(E) Any publicly available plans or policies relating to
the national defense, national security, or foreign policy of
the United States.
``(g) Development of Project Alternatives.--
``(1) In general.--With respect to the environmental review
process for a project, the alternatives shall be determined
in accordance with this subsection.
``(2) Authority.--The lead agency shall determine the
alternatives to be considered for a project.
``(3) Involvement of cooperating agencies and the public.--
``(A) In general.--Before determining the alternatives for
a project, the lead agency shall solicit for 30 days and
consider any relevant comments on the proposed alternatives
received from the public and cooperating agencies.
``(B) Alternatives.--The lead agency shall consider--
``(i) alternatives that meet the purpose and need of the
project; and
``(ii) the alternative of no action.
``(C) Effect on existing standards.--Nothing in this
subsection shall alter the existing standards for determining
the range of alternatives.
``(4) Effect on other reviews.--Any other agency acting
under or applying Federal law with respect to a project shall
consider only the alternatives determined by the lead agency.
``(5) Savings.--Nothing in this subsection preempts or
interferes with any power, jurisdiction, responsibility, or
authority of an agency under applicable law (including
regulations) with respect to a project.
``(6) Factors to consider.--The lead agency may determine
that any of the following factors and documents are
appropriate for consideration in determining the alternatives
for a project:
``(A) The overall size and complexity of the proposed
action.
``(B) The sensitivity of the potentially affected
resources.
``(C) The overall schedule and cost of the project.
``(D) Transportation plans and related planning documents
developed through the statewide and metropolitan
transportation planning process under sections 134 and 135 of
title 23 of the United States Code.
``(E) Land use plans adopted by units of State, local, or
tribal government (or, in the case of Federal land, by the
applicable Federal land management agencies).
``(F) Economic development plans adopted by--
``(i) units of State, local, or tribal government; or
``(ii) established economic development planning
organizations or authorities.
``(G) environmental protection plans, including plans for
the protection or treatment of--
``(i) air quality;
``(ii) water quality and runoff;
``(iii) habitat needs of plants and animals;
``(iv) threatened and endangered species;
``(v) invasive species;
``(vi) historic properties; and
``(vii) other environmental resources.
``(H) Any publicly available plans or policies relating to
the national defense, national security, or foreign policy of
the United States.
``(h) Prompt Issue Identification and Resolution Process.--
``(1) In general.--The lead agency, the project sponsor,
and the cooperating agencies shall work cooperatively, in
accordance with this section, to identify and resolve issues
that could--
``(A) delay completion of the environmental review process;
or
``(B) result in denial of any approvals required for the
project under applicable laws.
``(2) Lead agency responsibilities.--
``(A) In general.--The lead agency, with the assistance of
the project sponsor, shall make information available to the
cooperating agencies, as early as practicable in the
environmental review process, regarding--
``(i) the environmental and socioeconomic resources located
within the project area; and
``(ii) the general locations of the alternatives under
consideration.
``(B) Basis for information.--Information about resources
in the project area may be based on existing data sources,
including geographic information systems mapping.
``(3) Cooperating agency responsibilities.--
``(A) In general.--Based on information received from the
lead agency, cooperating agencies shall promptly identify to
the lead agency any major issues of concern regarding the
potential environmental or socioeconomic impacts of a
project.
``(B) Major issues of concern.--A major issue of concern
referred to in subparagraph (A) may include any issue that
could substantially delay or prevent an agency from granting
a permit or other approval that is needed for a project, as
determined by a cooperating agency.
``(4) Issue resolution.--On identification of a major issue
of concern under paragraph (3), or at any time upon the
request of a project sponsor or the Governor of a State, the
lead agency shall promptly convene a meeting with
representatives of each of the relevant cooperating agencies,
the project sponsor, and the Governor to address and resolve
the issue.
``(5) Notification.--If a resolution of a major issue of
concern under paragraph (4) cannot be achieved by the date
that is 30 days after the date on which a meeting under that
paragraph is convened, the lead agency shall provide
notification of the failure to resolve the major issue of
concern to--
``(A) the heads of all cooperating agencies;
``(B) the project sponsor;
``(C) the Governor involved;
``(D) the Committee on Environment and Public Works of the
Senate; and
``(E) the Committee on Transportation and Infrastructure of
the House of Representatives.
``(i) Performance measurement.--
``(1) Progress reports.--The Secretary shall establish a
program to measure and report on progress toward improving
and expediting the planning and environmental review process.
``(2) Minimum requirements.--The program shall include, at
a minimum--
``(A) the establishment of criteria for measuring
consideration of--
``(i) State and metropolitan planning, project planning,
and design criteria; and
``(ii) environmental processing times and costs;
``(B) the collection of data to assess performance based on
the established criteria; and
``(C) the annual reporting of the results of the
performance measurement studies.
``(3) Involvement of the public and cooperating agencies.--
``(A) In general.--The Secretary shall biennially conduct a
survey of agencies participating in the environmental review
process under this section to assess the expectations and
experiences of each surveyed agency with regard to the
planning and environmental review process for projects
reviewed under this section.
``(B) Public participation.--In conducting the survey, the
Secretary shall solicit comments from the public.
``(j) Assistance to Affected Federal and State Agencies.--
``(1) In general.--The Secretary may approve a request by a
State or recipient to provide funds, for a highway project
made available under this title, or for a mass transit
project made available under chapter 53 of title 49 to the
State or recipient for the project, subject to the
coordinated environmental review process established under
this section, to affected Federal and State agencies to
provide the resources necessary to meet any time limits
established under this section.
``(2) Amounts.--Such requests under paragraph (1) shall be
approved only--
``(A) for such additional amounts as the Secretary
determines are necessary for the affected Federal and State
agencies to meet the time limits for environmental review;
and
``(B) if those time limits are less than the customary time
necessary for that review.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 3 of title 23, United States
Code, is amended by inserting after the item relating to
section 325 (as added by section 1203(f)) the following:
``326. Transportation project development process.''.
(2) Section 1309 of the Transportation Equity Act for the
21st Century (112 Stat. 232) is amended--
(A) by striking subsections (a), (b), (c), (d), and (e);
(B) by redesignating subsections (f) and (g) as subsections
(b) and (a), respectively, and moving the subsections so as
to appear in alphabetical order; and
(C) in subsection (a) (as redesignated by subparagraph
(B)), in the subsection heading, by
[[Page S477]]
striking ``Federal Agency Defined.--'' and inserting
``Definition of Federal
Agency.--''.
SEC. 1512. ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.
(a) In General.--Chapter 3 of title 23, United States Code
(as amended by section 1511(a)), is amended by inserting
after section 326 the following:
``Sec. 327. Assumption of responsibility for categorical
exclusions
``(a) Categorical Exclusion Determinations.--
``(1) In general.--The Secretary may assign, and a State
may assume, responsibility for determining whether certain
designated activities are included within classes of action
identified in regulation by the Secretary that are
categorically excluded from requirements for environmental
assessments or environmental impact statements pursuant to
regulations promulgated by the Council on Environmental
Quality under part 1500 of title 40, Code of Federal
Regulations (as in effect on October 1, 2003).
``(2) Scope of authority.--A determination described in
paragraph (1) shall be made by a State in accordance with
criteria established by the Secretary and only for types of
activities specifically designated by the Secretary.
``(3) Criteria.--The criteria under paragraph (2) shall
include provisions for public availability of information
consistent with section 552 of title 5 and the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(b) Other Applicable Federal Laws.--
``(1) In general.--If a State assumes responsibility under
subsection (a), the Secretary may also assign and the State
may assume all or part of the responsibilities of the
Secretary for environmental review, consultation, or other
related actions required under any Federal law applicable to
activities that are classified by the Secretary as
categorical exclusions, with the exception of government-to-
government consultation with Indian tribes, subject to the
same procedural and substantive requirements as would be
required if that responsibility were carried out by the
Secretary.
``(2) Sole responsibility.--A State that assumes
responsibility under paragraph (1) with respect to a Federal
law shall be solely responsible and solely liable for
complying with and carrying out that law, and the Secretary
shall have no such responsibility or liability.
``(c) Memoranda of Understanding.--
``(1) In general.--The Secretary and the State, after
providing public notice and opportunity for comment, shall
enter into a memorandum of understanding setting forth the
responsibilities to be assigned under this section and the
terms and conditions under which the assignments are made,
including establishment of the circumstances under which the
Secretary would reassume responsibility for categorical
exclusion determinations.
``(2) Term.--A memorandum of understanding--
``(A) shall have term of not more than 3 years; and
``(B) shall be renewable.
``(3) Acceptance of jurisdiction.--In a memorandum of
understanding, the State shall consent to accept the
jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary that the State assumes.
``(4) Monitoring.--The Secretary shall--
``(A) monitor compliance by the State with the memorandum
of understanding and the provision by the State of financial
resources to carry out the memorandum of understanding; and
``(B) take into account the performance by the State when
considering renewal of the memorandum of understanding.
``(d) Termination.--The Secretary may terminate any
assumption of responsibility under a memorandum of
understanding on a determination that the State is not
adequately carrying out the responsibilities assigned to the
State.
``(e) State Agency Deemed To Be Federal Agency.--A State
agency that is assigned a responsibility under a memorandum
of understanding shall be deemed to be a Federal agency for
the purposes of the Federal law under which the
responsibility is exercised.''.
(b) Conforming Amendment.--The analysis for chapter 3 of
title 23, United States Code (as amended by section 1511(b)),
is amended by inserting after the item relating to section
326 the following:
``327. Assumption of responsibility for categorical exclusions.''.
SEC. 1513. SURFACE TRANSPORTATION PROJECT DELIVERY PILOT
PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code
(as amended by section 1512(a)), is amended by inserting
after section 327 the following:
``Sec. 328. Surface transportation project delivery pilot
program
``(a) Establishment.--
``(1) In general.--The Secretary shall carry out a surface
transportation project delivery pilot program (referred to in
this section as the `program').
``(2) Assumption of responsibility.--
``(A) In general.--Subject to the other provisions of this
section, with the written agreement of the Secretary and a
State, which may be in the form of a memorandum of
understanding, the Secretary may assign, and the State may
assume, the responsibilities of the Secretary with respect to
1 or more highway projects within the State under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(B) Additional responsibility.--If a State assumes
responsibility under subparagraph (A)--
``(i) the Secretary may assign to the State, and the State
may assume, all or part of the responsibilities of the
Secretary for environmental review, consultation, or other
action required under any Federal environmental law
pertaining to the review or approval of a specific project;
but
``(ii) the Secretary may not assign--
``(I) responsibility for any conformity determination
required under section 176 of the Clean Air Act (42 U.S.C.
7506); or
``(II) any responsibility imposed on the Secretary by
section 134 or 135.
``(C) Procedural and substantive requirements.--A State
shall assume responsibility under this section subject to the
same procedural and substantive requirements as would apply
if that responsibility were carried out by the Secretary.
``(D) Federal responsibility.--Any responsibility of the
Secretary not explicitly assumed by the State by written
agreement under this section shall remain the responsibility
of the Secretary.
``(E) No effect on authority.--Nothing in this section
preempts or interferes with any power, jurisdiction,
responsibility, or authority of an agency, other than the
Department of Transportation, under applicable law (including
regulations) with respect to a project.
``(b) State Participation.--
``(1) Number of participating states.--The Secretary may
permit not more than 5 States (including the State of
Oklahoma) to participate in the program.
``(2) Application.--Not later than 270 days after the date
of enactment of this section, the Secretary shall promulgate
regulations that establish requirements relating to
information required to be contained in any application of a
State to participate in the program, including, at a
minimum--
``(A) the projects or classes of projects for which the
State anticipates exercising the authority that may be
granted under the program;
``(B) verification of the financial resources necessary to
carry out the authority that may be granted under the
program; and
``(C) evidence of the notice and solicitation of public
comment by the State relating to participation of the State
in the program, including copies of comments received from
that solicitation.
``(3) Public notice.--
``(A) In general.--Each State that submits an application
under this subsection shall give notice of the intent of the
State to participate in the program not later than 30 days
before the date of submission of the application.
``(B) Method of notice and solicitation.--The State shall
provide notice and solicit public comment under this
paragraph by publishing the complete application of the State
in accordance with the appropriate public notice law of the
State.
``(4) Selection criteria.--The Secretary may approve the
application of a State under this section only if--
``(A) the regulatory requirements under paragraph (2) have
been met;
``(B) the Secretary determines that the State has the
capability, including financial and personnel, to assume the
responsibility; and
``(C) the head of the State agency having primary
jurisdiction over highway matters enters into a written
agreement with the Secretary described in subsection (c).
``(5) Other federal agency views.--If a State applies to
assume a responsibility of the Secretary that would have
required the Secretary to consult with another Federal
agency, the Secretary shall solicit the views of the Federal
agency before approving the application.
``(c) Written Agreement.--A written agreement under this
section shall--
``(1) be executed by the Governor or the top-ranking
transportation official in the State who is charged with
responsibility for highway construction;
``(2) be in such form as the Secretary may prescribe;
``(3) provide that the State--
``(A) agrees to assume all or part of the responsibilities
of the Secretary described in subsection (a);
``(B) expressly consents, on behalf of the State, to accept
the jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary assumed by the State;
``(C) certifies that State laws (including regulations) are
in effect that--
``(i) authorize the State to take the actions necessary to
carry out the responsibilities being assumed; and
``(ii) are comparable to section 552 of title 5, including
providing that any decision regarding the public availability
of a document under those State laws is reviewable by a court
of competent jurisdiction; and
``(D) agrees to maintain the financial resources necessary
to carry out the responsibilities being assumed.
``(d) Jurisdiction.--
``(1) In general.--The United States district courts shall
have exclusive jurisdiction over any civil action against a
State for failure to carry out any responsibility of the
State under this section.
``(2) Legal standards and requirements.--A civil action
under paragraph (1) shall be governed by the legal standards
and requirements that would apply in such a civil action
against the Secretary had the Secretary taken the actions in
question.
``(3) Intervention.--The Secretary shall have the right to
intervene in any action described in paragraph (1).
``(e) Effect of Assumption of Responsibility.--A State that
assumes responsibility under subsection (a)(2) shall be
solely responsible and solely liable for carrying out, in
lieu of the Secretary, the responsibilities assumed under
subsection (a)(2), until the program is terminated as
provided in subsection (i).
``(f) Limitations on Agreements.--Nothing in this section
permits a State to assume any
[[Page S478]]
rulemaking authority of the Secretary under any Federal law.
``(g) Audits.--
``(1) In general.--To ensure compliance by a State with any
agreement of the State under subsection (c)(1) (including
compliance by the State with all Federal laws for which
responsibility is assumed under subsection (a)(2)), for each
State participating in the program under this section, the
Secretary shall conduct--
``(A) semiannual audits during each of the first 2 years of
State participation; and
``(B) annual audits during each subsequent year of State
participation.
``(2) Public availability and comment.--
``(A) In general.--An audit conducted under paragraph (1)
shall be provided to the public for comment.
``(B) Response.--Not later than 60 days after the date on
which the period for public comment ends, the Secretary shall
respond to public comments received under subparagraph (A).
``(h) Report to Congress.--The Secretary shall submit to
Congress an annual report that describes the administration
of the program.
``(i) Termination.--
``(1) In general.--Except as provided in paragraph (2), the
program shall terminate on the date that is 6 years after the
date of enactment of this section.
``(2) Termination by secretary.--The Secretary may
terminate the participation of any State in the program if--
``(A) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to the
State;
``(B) the Secretary provides to the State--
``(i) notification of the determination of noncompliance;
and
``(ii) a period of at least 30 days during which to take
such corrective action as the Secretary determines is
necessary to comply with the applicable agreement; and
``(C) the State, after the notification and period provided
under subparagraph (B), fails to take satisfactory corrective
action, as determined by Secretary.''.
(b) Conforming Amendment.--The analysis for chapter 3 of
title 23, United States Code (as amended by section 1512(b)),
is amended by inserting after the item relating to section
327 the following:
``328. Surface transportation project delivery pilot program.''.
SEC. 1514. REGULATIONS.
Except as provided in section 1513, not later than 1 year
after the date of enactment of this Act, the Secretary shall
promulgate regulations necessary to implement the amendments
made by chapter 1 and this chapter.
CHAPTER 3--MISCELLANEOUS
SEC. 1521. CRITICAL REAL PROPERTY ACQUISITION.
Section 108 of title 23, United States Code, is amended by
adding at the end the following:
``(d) Critical Real Property Acquisition.--
``(1) In general.--Subject to paragraph (2), funds
apportioned to a State under this title may be used to pay
the costs of acquiring any real property that is determined
to be critical under paragraph (2) for a project proposed for
funding under this title.
``(2) Reimbursement.--The Federal share of the costs
referred to in paragraph (1) shall be eligible for
reimbursement out of funds apportioned to a State under this
title if, before the date of acquisition, the Secretary
determines that--
``(A) the property is offered for sale on the open market;
``(B) in acquiring the property, the State will comply with
the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.);
and
``(C) immediate acquisition of the property is critical
because--
``(i) based on an appraisal of the property, the value of
the property is increasing significantly;
``(ii) there is an imminent threat of development or
redevelopment of the property; and
``(iii) the property is necessary for the implementation of
the goals stated in the proposal for the project.
``(3) Applicable law.--An acquisition of real property
under this section shall be considered to be an exempt
project under section 176 of the Clean Air Act (42 U.S.C.
7506).
``(4) Environmental review.--
``(A) In general.--A project proposed to be conducted under
this title shall not be conducted on property acquired under
paragraph (1) until any required environmental reviews for
the project have been completed.
``(B) Effect on consideration of project alternatives.--The
number of critical acquisitions of real property associated
with a project shall not affect the consideration of project
alternatives during the environmental review process.
``(5) Proceeds from the sale or lease of real property.--
Section 156(c) shall not apply to the sale, use, or lease of
any real property acquired under paragraph (1).''.
SEC. 1522. PLANNING CAPACITY BUILDING INITIATIVE.
Section 104 of title 23, United States Code, is amended by
adding at the end the following:
``(m) Planning Capacity Building Initiative.--
``(1) In general.--The Secretary shall carry out a planning
capacity building initiative to support enhancements in
transportation planning to--
``(A) strengthen the processes and products of metropolitan
and statewide transportation planning under this title;
``(B) enhance tribal capacity to conduct joint
transportation planning under chapter 2;
``(C) participate in the metropolitan and statewide
transportation planning programs under this title; and
``(D) increase the knowledge and skill level of
participants in metropolitan and statewide transportation.
``(2) Priority.--The Secretary shall give priority to
planning practices and processes that support--
``(A) the transportation elements of homeland security
planning, including--
``(i) training and best practices relating to emergency
evacuation;
``(ii) developing materials to assist areas in coordinating
emergency management and transportation officials; and
``(iii) developing training on how planning organizations
may examine security issues;
``(B) performance-based planning, including--
``(i) data and data analysis technologies to be shared with
States, metropolitan planning organizations, local
governments, and nongovernmental organizations that--
``(I) participate in transportation planning;
``(II) use the data and data analysis to engage in
metropolitan, tribal, or statewide transportation planning;
``(III) involve the public in the development of
transportation plans, projects, and alternative scenarios;
and
``(IV) develop strategies to avoid, minimize, and mitigate
the impacts of transportation facilities and projects; and
``(ii) improvement of the quality of congestion management
systems, including the development of--
``(I) a measure of congestion;
``(II) a measure of transportation system reliability; and
``(III) a measure of induced demand;
``(C) safety planning, including--
``(i) development of State strategic safety plans
consistent with section 148;
``(ii) incorporation of work zone safety into planning; and
``(iii) training in the development of data systems
relating to highway safety;
``(D) operations planning, including--
``(i) developing training of the integration of
transportation system operations and management into the
transportation planning process; and
``(ii) training and best practices relating to regional
concepts of operations;
``(E) freight planning, including--
``(i) modeling of freight at a regional and statewide
level; and
``(ii) techniques for engaging the freight community with
the planning process;
``(F) air quality planning, including--
``(i) assisting new and existing nonattainment and
maintenance areas in developing the technical capacity to
perform air quality conformity analysis;
``(ii) providing training on areas such as modeling and
data collection to support air quality planning and analysis;
``(iii) developing concepts and techniques to assist areas
in meeting air quality performance timeframes; and
``(iv) developing materials to explain air quality issues
to decisionmakers and the public; and
``(G) integration of environment and planning.
``(3) Use of funds.--The Secretary shall use amounts made
available under paragraph (4) to make grants to, or enter
into contracts, cooperative agreements, and other
transactions with, a Federal agency, State agency, local
agency, federally recognized Indian tribal government or
tribal consortium, authority, association, nonprofit or for-
profit corporation, or institution of higher education for
research, program development, information collection and
dissemination, and technical assistance.
``(4) Set-aside.--
``(A) In general.--On October 1 of each fiscal year, of the
funds made available under subsection (a), the Secretary
shall set aside $4,000,000 to carry out this subsection.
``(B) Federal share.--The Federal share of the cost of an
activity carried out using funds made available under
subparagraph (A) shall be 100 percent.
``(C) Availability.--Funds made available under
subparagraph (A) shall remain available until expended.''.
Subtitle F--Environment
SEC. 1601. ENVIRONMENTAL RESTORATION AND POLLUTION ABATEMENT;
CONTROL OF INVASIVE PLANT SPECIES AND
ESTABLISHMENT OF NATIVE SPECIES.
(a) Modification to NHS/STP for Environmental Restoration,
Pollution Abatement, and Invasive Species.--
(1) Modifications to national highway system.--Section
103(b)(6) of title 23, United States Code, is amended by
adding at the end the following:
``(Q) Environmental restoration and pollution abatement in
accordance with section 165.
``(R) Control of invasive plant species and establishment
of native species in accordance with section 166.''.
(2) Modifications to surface transportation program.--
Section 133(b) of title 23, is amended by striking paragraph
(14) and inserting the following:
``(14) Environmental restoration and pollution abatement in
accordance with section 165.
``(15) Control of invasive plant species and establishment
of native species in accordance with section 166.''.
(b) Eligible Activities.--Subchapter I of chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
``Sec. 165. Eligibility for environmental restoration and
pollution abatement
``(a) In General.--Subject to subsection (b), environmental
restoration and pollution abatement to minimize or mitigate
the impacts of any transportation project funded under this
title (including retrofitting and construction of storm water
treatment systems to meet Federal and
[[Page S479]]
State requirements under sections 401 and 402 of the Federal
Water Pollution Control Act (33 U.S.C. 1341, 1342)) may be
carried out to address water pollution or environmental
degradation caused wholly or partially by a transportation
facility.
``(b) Maximum Expenditure.--In a case in which a
transportation facility is undergoing reconstruction,
rehabilitation, resurfacing, or restoration, the expenditure
of funds under this section for environmental restoration or
pollution abatement described in subsection (a) shall not
exceed 20 percent of the total cost of the reconstruction,
rehabilitation, resurfacing, or restoration of the facility.
``Sec. 166. Control of invasive plant species and
establishment of native species
``(a) Definitions.--In this section:
``(1) Invasive plant species--The term `invasive plant
species' means a nonindigenous species the introduction of
which causes or is likely to cause economic or environmental
harm or harm to human health.
``(2) Native plant species.--The term `native plant
species' means, with respect to a particular ecosystem, a
species that, other than as result of an introduction,
historically occurred or currently occurs in that ecosystem.
``(b) Control of Species.--
``(1) In general.--In accordance with all applicable
Federal law (including regulations), funds made available to
carry out this section may be used for--
``(A) participation in the control of invasive plant
species; and
``(B) the establishment of native species.
``(2) Included activities.--The participation and
establishment under paragraph (1) may include--
``(A) participation in statewide inventories of invasive
plant species and desirable plant species;
``(B) regional native plant habitat conservation and
mitigation;
``(C) native revegetation; and
``(D) training.
``(3) Contributions.--
``(A) In general.--Subject to subparagraph (B), an activity
described in paragraph (1) may be carried out concurrently
with, in advance of, or following the construction of a
project funded under this title.
``(B) Condition for activities conducted in advance of
project construction.--An activity described in paragraph (1)
may be carried out in advance of construction of a project
only if the activity is carried out in accordance with all
applicable requirements of Federal law (including
regulations) and State transportation planning processes.''.
(c) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1406(b)), is amended by adding at the end the
following:
``165. Eligibility for environmental restoration and pollution
abatement.''.
``166. Control of invasive plant species and establishment of native
species.''.
SEC. 1602. NATIONAL SCENIC BYWAYS PROGRAM.
(a) In General.--Section 162 of title 23, United States
Code, is amended--
(1) in subsection (a)(1), by striking ``the roads as'' and
all that follows and inserting ``the roads as--
``(A) National Scenic Byways;
``(B) All-American Roads; or
``(C) America's Byways.'';
(2) in subsection (b)--
(A) in paragraph (1)(A), by striking ``designated as'' and
all that follows and inserting ``designated as--
``(i) National Scenic Byways;
``(ii) All-American Roads; or
``(iii) America's Byways; and'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``Byway or All-
American Road'' and inserting ``Byway, All-American Road, or
1 of America's Byways''; and
(ii) in subparagraph (B), by striking ``designation as a''
and all that follows and inserting ``designation as--
``(i) a National Scenic Byway;
``(ii) an All-American Road; or
``(iii) 1 of America's Byways; and''; and
(3) in subsection (c)(4), by striking ``passing lane,''.
(b) Research, Technical Assistance, Marketing, and
Promotion.--Section 162 of title 23, United States Code, is
amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (c) the following:
``(d) Research, Technical Assistance, Marketing, and
Promotion.--
``(1) In general.--The Secretary may carry out technical
assistance, marketing, market research, and promotion with
respect to State Scenic Byways, National Scenic Byways, All-
American Roads, and America's Byways.
``(2) Cooperation, grants, and contracts.--The Secretary
may make grants to, or enter into contracts, cooperative
agreements, and other transactions with, any Federal agency,
State agency, authority, association, institution, for-profit
or nonprofit corporation, organization, or person, to carry
out projects and activities under this subsection.
``(3) Funds.--The Secretary may use not more than
$2,000,000 for each fiscal year of funds made available for
the National Scenic Byways Program to carry out projects and
activities under this subsection.
``(4) Priority.--The Secretary shall give priority under
this subsection to partnerships that leverage Federal funds
for research, technical assistance, marketing and
promotion.''; and
(3) in subsection (g) (as redesignated by paragraph (1)),
by striking ``80 percent'' and inserting ``the share
applicable under section 120(b), as adjusted under subsection
(d) of that section''.
SEC. 1603. RECREATIONAL TRAILS PROGRAM.
(a) Recreational Trails Program Formula.--Section 104(h)(1)
of title 23, United States Code, is amended--
(1) by striking ``Whenever'' and inserting the following:
``(A) In general.--In any case in which'';
(2) by striking ``research and technical assistance under
the recreational trails program and for the administration of
the National Recreational Trails Advisory Committee'' and
inserting ``research, technical assistance, and training
under the recreational trails program''; and
(3) by striking ``The Secretary'' and inserting the
following:
``(B) Contracts and agreements.--The Secretary''.
(b) Recreational Trails Program Administration.--Section
206 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) by striking ``To be eligible for apportionments under
this section'' and inserting the following:
``(1) In general.--To be eligible for apportionments under
this section''; and
(C) by adding at the end the following:
``(2) Obligation requirement.--If a State does not meet the
requirements under paragraph (1) within a fiscal year, the
State shall not be eligible for an apportionment in the
following fiscal year.'';
(2) in subsection (d)--
(A) by striking paragraph (2) and inserting the following:
``(2) Permissible uses.--Permissible uses of funds
apportioned to a State for a fiscal year to carry out this
section include--
``(A) maintenance and restoration of recreational trails;
``(B) development and rehabilitation of trailside and
trailhead facilities and trail linkages for recreational
trails;
``(C) purchase and lease of recreational trail construction
and maintenance equipment;
``(D) construction of new recreational trails, except that,
in the case of new recreational trails crossing Federal land,
construction of the trails shall be--
``(i) permissible under other law;
``(ii) necessary and recommended by a statewide
comprehensive outdoor recreation plan that is--
``(I) required under the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-4 et seq.); and
``(II) in effect;
``(iii) approved by the administering agency of the State
designated under subsection (c)(1)(A); and
``(iv) approved by each Federal agency having jurisdiction
over the affected land, under such terms and conditions as
the head of the Federal agency determines to be appropriate,
except that the approval shall be contingent on compliance by
the Federal agency with all applicable laws, including--
``(I) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(II) the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.); and
``(III) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
``(E) acquisition of easements and fee simple title to
property for recreational trails or recreational trail
corridors;
``(F) assessment of trail conditions for accessibility and
maintenance;
``(G) use of trail crews, youth conservation or service
corps, or other appropriate means to carry out activities
under this section;
``(H) development and dissemination of publications and
operation of educational programs to promote safety and
environmental protection, as those objectives relate to the
use of recreational trails, supporting non-law enforcement
trail safety and trail use monitoring patrol programs, and
providing trail-related training, but in an amount not to
exceed 5 percent of the apportionment made to the State for
the fiscal year; and
``(I) payment of costs to the State incurred in
administering the program, but in an amount not to exceed 7
percent of the apportionment made to the State for the fiscal
year to carry out this section.''; and
(B) in paragraph (3)--
(i) in subparagraph (D), by striking ``(2)(F)'' and
inserting ``(2)(I)''; and
(ii) by adding at the end the following:
``(E) Use of youth conservation or service corps.--A State
shall make available not less than 10 percent of the
apportionments of the State to provide grants to, or to enter
into cooperative agreements or contracts with, qualified
youth conservation or service corps to perform recreational
trails program activities.''; and
(3) in subsection (f)--
(A) in paragraph (1)--
(i) by inserting ``and the Federal share of the
administrative costs of a State'' after ``project''; and
(ii) by striking ``not exceed 80 percent'' and inserting in
its place ``be determined in accordance with section
120(b)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``80 percent of'' and
inserting ``the amount determined in accordance with section
120(b) for''; and
(ii) in subparagraph (B), by inserting ``sponsoring the
project'' after ``Federal agency'';
(C) by striking paragraph (5);
(D) by redesignating paragraph (4) as paragraph (5);
(E) by inserting after paragraph (3) the following:
[[Page S480]]
``(4) Use of recreational trails program funds to match
other federal program funds.--Notwithstanding any other
provision of law, funds made available under this section may
be used to pay the non-Federal matching share for other
Federal program funds that are--
``(A) expended in accordance with the requirements of the
Federal program relating to activities funded and populations
served; and
``(B) expended on a project that is eligible for assistance
under this section.''; and
(F) in paragraph (5) (as redesignated by subparagraph (D)),
by striking ``80 percent'' and inserting ``the Federal share
as determined in accordance with section 120(b)''; and
(4) in subsection (h)--
(A) in paragraph (1), by inserting after subparagraph (B)
the following:
``(C) Planning and environmental assessment costs incurred
prior to project approval.--A project funded under any of
subparagraphs (A) through (H) of subsection (d)(2) may permit
preapproval planning and environmental compliance costs
incurred not more than 18 months before project approval to
be credited toward the non-Federal share in accordance with
subsection (f).''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Waiver of highway program requirements.--A project
funded under this section--
``(A) is intended to enhance recreational opportunity;
``(B) is not considered to be a highway project; and
``(C) is not subject to--
``(i) section 112, 114, 116, 134, 135, 138, 217, or 301 of
this title; or
``(ii) section 303 of title 49.''.
SEC. 1604. EXEMPTION OF INTERSTATE SYSTEM.
Subsection 103(c) of title 23, United States Code, is
amended by adding at the end the following:
``(5) Exemption of interstate system.--
``(A) In general.--Except as provided in subparagraph (B),
the Interstate System shall not be considered to be a
historic site under section 303 of title 49 or section 138 of
this title, regardless of whether the Interstate System or
portions of the Interstate System are listed on, or eligible
for listing on, the National Register of Historic Places.
``(B) Individual elements.--A portion of the Interstate
System that possesses an independent feature of historic
significance, such as a historic bridge or a highly
significant engineering feature, that would qualify
independently for listing on the National Register of
Historic Places, shall be considered to be a historic site
under section 303 of title 49 or section 138 of this title,
as applicable.''.
SEC. 1605. STANDARDS.
(a) In General.--Section 109(a) of title 23, United States
Code, is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) consider the preservation, historic, scenic, natural
environmental, and community values.''.
(b) Context Sensitive Design.--Section 109 of title 23,
United States Code, is amended by striking subsection (p) and
inserting the following:
``(p) Context Sensitive Design.--
``(1) In general.--The Secretary shall encourage States to
design projects funded under this title that--
``(A) allow for the preservation of environmental, scenic,
or historic values;
``(B) ensure the safe use of the facility;
``(C) provide for consideration of the context of the
locality;
``(D) encourage access for other modes of transportation;
and
``(E) comply with subsection (a).
``(2) Approval by secretary.--Notwithstanding subsections
(b) and (c), the Secretary may approve a project described in
paragraph (1) for the National Highway System if the project
is designed to achieve the criteria specified in that
paragraph.''.
SEC. 1606. USE OF HIGH OCCUPANCY VEHICLE LANES.
Section 102 of title 23, United States Code, is amended by
striking subsection (a) and inserting the following:
``(a) High Occupancy Vehicle Lane Passenger Requirements.--
``(1) Definitions.--In this subsection:
``(A) Responsible agency.--The term `responsible agency'
means--
``(i) a State transportation department; and
``(ii) a local agency in a State that is responsible for
transportation matters.
``(B) Seriously degraded.--The term `seriously degraded',
with respect to a high occupancy vehicle lane, means, in the
case of a high occupancy vehicle lane, the minimum average
operating speed, performance threshold, and associated time
period of the high occupancy vehicle lane, calculated and
determined jointly by all applicable responsible agencies and
based on conditions unique to the roadway, are
unsatisfactory.
``(2) Requirements.--
``(A) In general.--Subject to subparagraph (B), for each
State, 1 or more responsible agencies shall establish the
occupancy requirements of vehicles operating on high
occupancy vehicle lanes.
``(B) Minimum number of occupants.--Except as provided in
paragraph (3), an occupancy requirement established under
subparagraph (A) shall--
``(i) require at least 2 occupants per vehicle for a
vehicle operating on a high occupancy vehicle lane; and
``(ii) in the case of a high occupancy vehicle lane that
traverses an adjacent State, be established in consultation
with the adjacent State.
``(3) Exceptions to hov occupancy requirements.--
``(A) Motorcycles.--For the purpose of this subsection, a
motorcycle--
``(i) shall not be considered to be a single occupant
vehicle; and
``(ii) shall be allowed to use a high occupancy vehicle
lane unless a responsible agency--
``(I) certifies to the Secretary the use of a high
occupancy vehicle lane by a motorcycle would create a safety
hazard; and
``(II) restricts that the use of the high occupancy vehicle
lane by motorcycles.
``(B) Low emission and energy-efficient vehicles.--
``(i) Definition of low emission and energy-efficient
vehicle.--In this subparagraph, the term `low emission and
energy-efficient vehicle' means a vehicle that has been
certified by the Administrator of the Environmental
Protection Agency--
``(I)(aa) to have a 45-mile per gallon or greater fuel
economy highway rating; or
``(bb) to qualify as an alternative fueled vehicle under
section 301 of the Energy Policy Act of 1992 (42 U.S.C.
13211); and
``(II) as meeting Tier II emission level established in
regulations promulgated by the Administrator of the
Environmental Protection Agency under section 202(i) of the
Clean Air Act (42 U.S.C. 7521(i)) for that make and model
year vehicle.
``(ii) Exemption for low emission and energy-efficient
vehicles.--A responsible agency may permit qualifying low
emission and energy-efficient vehicles that do not meet
applicable occupancy requirements (as determined by the
responsible agency) to use high occupancy vehicle lanes if
the responsible agency--
``(I) establishes a program that addresses how those
qualifying low emission and energy-efficient vehicles are
selected and certified;
``(II) establishes requirements for labeling qualifying low
emission and energy-efficient vehicles (including procedures
for enforcing those requirements);
``(III) continuously monitors, evaluates, and reports to
the Secretary on performance; and
``(IV) imposes such restrictions on the use on high
occupancy vehicle lanes by vehicles that do not satisfy
established occupancy requirements as are necessary to ensure
that the performance of individual high occupancy vehicle
lanes, and the entire high occupancy vehicle lane system,
will not become seriously degraded.
``(C) Tolling of vehicles.--
``(i) In general.--A responsible agency may permit
vehicles, in addition to the vehicles described in paragraphs
(A), (B), and (D) that do not satisfy established occupancy
requirements, to use a high occupancy vehicle lane only if
the responsible agency charges those vehicles a toll.
``(ii) Applicable authority.--In imposing a toll under
clause (i), a responsible agency shall--
``(I) be subject to section 129;
``(II) establish a toll program that addresses ways in
which motorists may enroll and participate in the program;
``(III) develop, manage, and maintain a system that will
automatically collect the tolls from covered vehicles;
``(IV) continuously monitor, evaluate, and report on
performance of the system;
``(V) establish such policies and procedures as are
necessary--
``(aa) to vary the toll charged in order to manage the
demand for use of high occupancy vehicle lanes; and
``(bb) to enforce violations; and
``(VI) establish procedures to impose such restrictions on
the use of high occupancy vehicle lanes by vehicles that do
not satisfy established occupancy requirements as are
necessary to ensure that the performance of individual high
occupancy vehicle lanes, and the entire high occupancy
vehicle lane system, will not become seriously degraded.
``(D) Designated public transportation vehicles.--
``(i) Definition of designated public transportation
vehicle.--In this subparagraph, the term `designated public
transportation vehicle' means a vehicle that--
``(I) provides designated public transportation (as defined
in section 221 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12141)); and
``(II)(aa) is owned or operated by a public entity; or
``(bb) is operated under a contract with a public entity.
``(ii) Use of high occupancy vehicle lanes.--A responsible
agency may permit designated public transportation vehicles
that do not satisfy established occupancy requirements to use
high occupancy vehicle lanes if the responsible agency--
``(I) requires the clear and identifiable labeling of each
designated public transportation vehicle operating under a
contract with a public entity with the name of the public
entity on all sides of the vehicle;
``(II) continuously monitors, evaluates, and reports on
performance of those designated public transportation
vehicles; and
``(III) imposes such restrictions on the use of high
occupancy vehicle lanes by designated public transportation
vehicles as are necessary to ensure that the performance of
individual high occupancy vehicle lanes, and the entire high
occupancy vehicle lane system, will not become seriously
degraded.
``(E) HOV lane management, operation, and monitoring.--
``(i) In general.--A responsible agency that permits any of
the exceptions specified in this paragraph shall comply with
clauses (ii) and (iii).
``(ii) Performance monitoring, evaluation, and reporting.--
A responsible agency described in clause (i) shall establish,
manage, and
[[Page S481]]
support a performance monitoring, evaluation, and reporting
program under which the responsible agency continuously
monitors, assesses, and reports on the effects that any
vehicle permitted to use a high occupancy vehicle lane under
an exception under this paragraph may have on the operation
of--
``(I) individual high occupancy vehicle lanes; and
``(II) the entire high occupancy vehicle lane system.
``(iii) Operation of hov lane or system.--A responsible
agency described in clause (i) shall limit use of, or cease
to use, any of the exceptions specified in this paragraph if
the presence of any vehicle permitted to use a high occupancy
vehicle lane under an exception under this paragraph
seriously degrades the operation of--
``(I) individual high occupancy vehicle lanes; and
``(II) the entire high occupancy vehicle lane system.''.
SEC. 1607. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
(a) In General.--Section 217 of title 23, United States
Code, is amended--
(1) in subsection (a), by inserting ``pedestrian and''
after ``safe'';
(2) in subsection (e), by striking ``bicycles'' each place
it appears and inserting ``pedestrians or bicyclists'';
(3) by striking subsection (f) and inserting the following:
``(f) Federal Share.--The Federal share of the construction
of bicycle transportation facilities and pedestrian walkways,
and for carrying out nonconstruction projects relating to
safe pedestrian and bicycle use, shall be determined in
accordance with section 120(b).'';
(4) by redesignating subsection (j) as subsection (l);
(5) by inserting after subsection (i) the following:
``(j) Bicycle and Pedestrian Safety Grants.--
``(1) In general.--The Secretary shall select and make
grants to a national, nonprofit organization engaged in
promoting bicycle and pedestrian safety--
``(A) to operate a national bicycle and pedestrian
clearinghouse;
``(B) to develop information and educational programs
regarding walking and bicycling; and
``(C) to disseminate techniques and strategies for
improving bicycle and pedestrian safety.
``(2) Funding.--The Secretary may use funds apportioned
under section 104(n) to carry out this subsection.
``(3) Applicability of title 23.--Funds authorized to be
appropriated to carry out this subsection shall be available
for obligation in the same manner as if the funds were
apportioned under section 104, except that the funds shall
remain available until expended.
``(k) Funds for Bicycle and Pedestrian Safety.--A State
shall allocate for bicycle and pedestrian improvements in the
State a percentage of the funds remaining after
implementation of sections 130(e) and 150, in an amount that
is equal to or greater than the percentage of all fatal
crashes in the States involving bicyclists and
pedestrians.''; and
(6) in subsection (l) (as redesignated by paragraph (4))--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following:
``(4) Shared use path.--The term `shared use path' means a
multiuse trail or other path that is--
``(A) physically separated from motorized vehicular traffic
by an open space or barrier, either within a highway right-
of-way or within an independent right-of-way; and
``(B) usable for transportation purposes (including by
pedestrians, bicyclists, skaters, equestrians, and other
nonmotorized users).''.
(b) Reservation of Funds.--Section 104 of title 23, United
States Code (as amended by section 1601(b)), is amended by
adding at the end the following:
``(n) Bicycle and Pedestrian Safety Grants.--On October 1
of each of fiscal years 2004 through 2009, the Secretary,
after making the deductions authorized by subsections (a) and
(f), shall set aside $500,000 of the remaining funds
apportioned under subsection (b)(3) for use in carrying out
the bicycle and pedestrian safety grant program under section
217.''.
SEC. 1608. IDLING REDUCTION FACILITIES IN INTERSTATE RIGHTS-
OF-WAY.
Section 111 of title 23, United States Code, is amended by
adding at the end the following:
``(d) Idling Reduction Facilities in Interstate Rights-of-
Way.--
``(1) In general.--Notwithstanding subsection (a), a State
may--
``(A) permit electrification or other idling reduction
facilities and equipment, for use by motor vehicles used for
commercial purposes, to be placed in rest and recreation
areas, and in safety rest areas, constructed or located on
rights-of-way of the Interstate System in the State; and
``(B) may charge, or permit charges, for the use of those
facilities.
``(2) Purpose.--The exclusive purpose of the facilities
described in paragraph (1) (or similar technologies) shall be
to enable operators of motor vehicles used for commercial
purposes--
``(A) to turn off their engines while parked; and
``(B) to have heating, air conditioning, electricity, and
communication services in the vehicle without use of the
engine.''.
SEC. 1609. TOLL PROGRAMS.
(a) Interstate System Reconstruction and Rehabilitation
Pilot Program.--Section 1216(b) of the Transportation Equity
Act for the 21st Century (23 U.S.C. 129 note; 112 Stat.
212)--
(1) is amended--
(A) in paragraph (1)--
(i) by striking ``The Secretary'' and inserting
``Notwithstanding section 301, the Secretary''; and
(ii) by striking ``that could not otherwise be adequately
maintained or functionally improved without the collection of
tolls'';
(B) in paragraph (3), by striking subparagraph (C) and
inserting the following:
``(C) An analysis demonstrating that financing the
reconstruction or rehabilitation of the facility with the
collection of tolls under this pilot program is the most
efficient, economical, or expeditious way to advance the
project.'';
(C) in paragraph (4)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) the State's analysis showing that financing the
reconstruction or rehabilitation of a facility with the
collection of tolls under the pilot program is the most
efficient, economical, or expeditious way to advance the
project;'';
(ii) by striking subparagraph (B) and inserting the
following:
``(B) the facility needs reconstruction or rehabilitation,
including major work that may require replacing sections of
the existing facility on new alignment;'';
(iii) by striking subparagraph (C); and
(iv) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively;
(2) is redesignated as subsection (d) of section 129 of
title 23, United States Code, and moved to appear at the end
of that section; and
(3) by striking ``of title 23, United States Code'' each
place it appears.
(b) Variable Toll Pricing Program.--Section 129 of title
23, United States Code (as amended by subsection (a)(2)), is
amended by adding at the end the following:
``(e) Variable Toll Pricing Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible toll facility.--The term `eligible toll
facility' includes--
``(i) a facility in existence on the date of enactment of
this subsection that collects tolls;
``(ii) a facility in existence on the date of enactment of
this subsection that serves high occupancy vehicle lanes; and
``(iii) a facility modified or constructed after the date
of enactment of this subsection to create additional tolled
capacity (including a facility constructed by a private
entity or using private funds).
``(B) Nonattainment area.--The term `nonattainment area'
has the meaning given the term in section 171 of the Clean
Air Act (42 U.S.C. 7501).
``(2) Establishment.--Notwithstanding sections 129 and 301,
the Secretary may permit a State, public authority, or a
public or private entity designated by a State, to collect a
toll from motor vehicles at an eligible toll facility for any
highway, bridge, or tunnel, including facilities on the
Interstate System--
``(A) to manage high levels of congestion; or
``(B) to reduce emissions in a nonattainment area or
maintenance area.
``(3) Limitation on use of revenues.--
``(A) In general.--All toll revenues received under
paragraph (2) shall be used by a State or public authority
for--
``(i) debt service;
``(ii) a reasonable return on investment of any private
financing; and
``(iii) the costs necessary for proper operation and
maintenance of any facilities under paragraph (2) (including
reconstruction, resurfacing, restoration, and
rehabilitation); and
``(iv) projects eligible for Federal assistance under this
title.
``(B) Requirements.--
``(i) Variable price requirement.--The Secretary shall
require, for each facility that charges tolls under this
subsection, that the tolls vary in price according to time of
day, as appropriate to manage congestion or improve air
quality.
``(ii) HOV passenger requirements.--In addition to the
exceptions to the high occupancy vehicle passenger
requirements established under section 102(a)(2), a State may
permit motor vehicles with fewer than 2 occupants to operate
in high occupancy vehicle lanes as part of a variable toll
pricing program established under this subsection.
``(C) Agreement.--
``(i) In general.--Before the Secretary may permit a
facility to charge tolls under this subsection, the Secretary
and the applicable State or public authority shall enter into
an agreement for each facility incorporating the conditions
described in subparagraphs (A) and (B).
``(ii) Termination.--An agreement under clause (i) shall
terminate with respect to a facility upon the decision of the
State or public authority to discontinue the variable tolling
program under this subsection for the facility.
``(iii) Debt.--If there is any debt outstanding on a
facility at the time at which the decision is made to
discontinue the program under this subsection with respect to
the facility, the facility may continue to charge tolls in
accordance with the terms of the agreement until such time as
the debt is retired.
``(D) Limitation on federal share.--The Federal share of
the cost of a project on a facility tolled under this
subsection, including a project to install the toll
collection facility shall be a percentage, not to exceed 80
percent, determined by the applicable State.
``(4) Eligibility.--To be eligible to participate in the
program under this subsection, a State or public authority
shall provide to the Secretary--
``(A) a description of the congestion or air quality
problems sought to be addressed under the program;
``(B) a description of--
``(i) the goals sought to be achieved under the program;
and
``(ii) the performance measures that would be used to gauge
the success made toward reaching those goals; and
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``(C) such other information as the Secretary may require.
``(f) Automation.--A facility created or modified under
this section shall use an electronic toll collection system
that uses a transponder or other means to specify an account
for the purposes of collecting a toll as a vehicle passes
through the collection facility.
``(g) Interoperability.--
``(1) Rule.--
``(A) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall
promulgate a final rule specifying requirements, standards,
or performance specifications for automated toll collection
systems implemented under this section.
``(B) Development.--In developing that rule, which shall be
designed to maximize the interoperability of electronic
collection systems, the Secretary shall, to the maximum
extent practicable--
``(i) seek to accelerate progress toward the national goal
of achieving a nationwide interoperable electronic toll
collection system;
``(ii) take into account the use of transponders currently
deployed within an appropriate geographical area of travel
and the transponders likely to be in use within the next 5
years; and
``(iii) seek to minimize additional costs and maximize
convenience to users of toll facility and to the toll
facility owner or operator.
``(2) Future modifications.--As the state of technology
progresses, the Secretary shall modify the rule promulgated
under paragraph (1)(A), as appropriate.''.
(c) Conforming Amendments.--
(1) In general.--Section 1012 of the Intermodal Surface
Transportation Efficiency Act (23 U.S.C. 149 note; 105 Stat.
1938; 112 Stat. 211) is amended by striking subsection (b).
(2) Continuation of program.--Notwithstanding the amendment
made by paragraph (1), the Secretary shall monitor and allow
any value pricing program established under a cooperative
agreement in effect on the day before the date of enactment
of this Act to continue.
SEC. 1610. FEDERAL REFERENCE METHOD.
(a) In General.--Section 6102 of the Transportation Equity
Act for the 21st Century (42 U.S.C. 7407 note; 112 Stat. 464)
is amended by striking subsection (e) and inserting the
following:
``(e) Field Study.--Not later than 2 years after the date
of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003, the
Administrator shall--
``(1) conduct a field study of the ability of the
PM2.5 Federal Reference Method to differentiate
those particles that are larger than 2.5 micrometers in
diameter;
``(2) develop a Federal reference method to measure
directly particles that are larger than 2.5 micrometers in
diameter without reliance on subtracting from coarse particle
measurements those particles that are equal to or smaller
than 2.5 micrometers in diameter;
``(3) develop a method of measuring the composition of
coarse particles; and
``(4) submit a report on the study and responsibilities of
the Administrator under paragraphs (1) through (3) to--
``(A) the Committee on Commerce of the House of
Representatives; and
``(B) the Committee on Environment and Public Works of the
Senate.''.
SEC. 1611. ADDITION OF PARTICULATE MATTER AREAS TO CMAQ.
Section 104(b)(2) of title 23, United States Code, is
amended--
(1) in subparagraph B--
(A) in the matter preceding clause (i), by striking ``ozone
or carbon monoxide'' and inserting ``ozone, carbon monoxide,
or fine particulate matter (PM2.5)'';
(B) by striking clause (i) and inserting the following:
``(i) 1.0, if at the time of apportionment, the area is a
maintenance area;'';
(C) in clause (vi), by striking ``or'' after the semicolon;
and
(D) in clause (vii), by striking ``area as described in
section 149(b) for ozone,'' and inserting ``area for ozone
(as described in section 149(b)) or for PM-2.5'';
(2) by adding at the end the following:
``(viii) 1.0 if, at the time of apportionment, any county
that is not designated as a nonattainment or maintenance area
under the 1-hour ozone standard is designated as
nonattainment under the 8-hour ozone standard;
``(ix) 1.2 if, at the time of apportionment, the area is
not a nonattainment or maintenance area as described in
section 149(b) for ozone or carbon monoxide, but is an area
designated nonattainment under the PM-2.5 standard.'';
(3) by striking subparagraph (C) and inserting the
following:
``(C) Additional adjustment for carbon monoxide areas.--If,
in addition to being designated as a nonattainment or
maintenance area for ozone as described in section 149(b),
any county within the area was also classified under subpart
3 of part D of title I of the Clean Air Act (42 U.S.C. 7512
et seq.) as a nonattainment or maintenance area described in
section 149(b) for carbon monoxide, the weighted
nonattainment or maintenance area population of the county,
as determined under clauses (i) through (vi) or clause (viii)
of subparagraph (B), shall be further multiplied by a factor
of 1.2.'';
(4) by redesignating subparagraph (D) and (E) as
subparagraphs (E) and (F) respectively; and
(5) by inserting after subparagraph (C) the following:
``(D) Additional adjustment for pm 2.5 areas.--If, in
addition to being designated as a nonattainment or
maintenance area for ozone or carbon monoxide, or both as
described in section 149(b), any county within the area was
also designated under the PM-2.5 standard as a nonattainment
or maintenance area, the weighted nonattainment or
maintenance area population of those counties shall be
further multiplied by a factor of 1.2.''.
SEC. 1612. ADDITION TO CMAQ-ELIGIBLE PROJECTS.
(a) Eligible Projects.--Section 149(b) of title 23, United
States Code, is amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(6) if the project or program is for the purchase of
alternative fuel (as defined in section 301 of the Energy
Policy Act of 1992 (42 U.S.C. 13211)) or biodiesel.''.
(b) States Receiving Minimum Apportionment.--Section 149(c)
of title 23, United States Code, is amended--
(1) in paragraph (1), by striking ``for any project
eligible under the surface transportation program under
section 133.'' and inserting the following: ``for any project
in the State that--
``(A) would otherwise be eligible under this section as if
the project were carried out in a nonattainment or
maintenance area; or
``(B) is eligible under the surface transportation program
under section 133.''; and
(2) in paragraph (2), by striking ``for any project in the
State eligible under section 133.'' and inserting the
following: ``for any project in the State that--
``(A) would otherwise be eligible under this section as if
the project were carried out in a nonattainment or
maintenance area; or
``(B) is eligible under the surface transportation program
under section 133.''.
SEC. 1613. IMPROVED INTERAGENCY CONSULTATION.
Section 149 of title 23, United States Code, is amended by
adding at the end the following:
``(g) Interagency Consultation.--The Secretary shall
encourage States and metropolitan planning organizations to
consult with State and local air quality agencies in
nonattainment and maintenance areas on the estimated emission
reductions from proposed congestion mitigation and air
quality improvement programs and projects.''.
SEC. 1614. EVALUATION AND ASSESSMENT OF CMAQ PROJECTS.
Section 149 of title 23, United States Code, is amended by
adding at the end the following:
``(h) Evaluation and Assessment of Projects.--
``(1) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
evaluate and assess a representative sample of projects
funded under the congestion mitigation and air quality
program to--
``(A) determine the direct and indirect impact of the
projects on air quality and congestion levels; and
``(B) ensure the effective implementation of the program.
``(2) Database.--Using appropriate assessments of projects
funded under the congestion mitigation and air quality
program and results from other research, the Secretary shall
maintain and disseminate a cumulative database describing the
impacts of the projects.
``(3) Consideration.--The Secretary, in consultation with
the Administrator of the Environmental Protection Agency,
shall consider the recommendations and findings of the report
submitted to Congress under section 1110(e) of the
Transportation Equity Act for the 21st Century (112 Stat.
144), including recommendations and findings that would
improve the operation and evaluation of the congestion
mitigation and air quality improvement program under section
149.''.
SEC. 1615. SYNCHRONIZED PLANNING AND CONFORMITY TIMELINES,
REQUIREMENTS, AND HORIZON.
(a) Metropolitan Planning.--
(1) Development of long-range transportation plan.--Section
134(g)(1) of title 23, United States Code, is amended by
striking ``periodically, according to a schedule that the
Secretary determines to be appropriate,'' and inserting
``every 4 years in areas designated as nonattainment, as
defined in section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)), and in areas that were nonattainment that have been
redesignated to attainment in accordance with section
107(d)(3) of that Act (42 U.S.C. 7407(d)(3)), with a
maintenance plan under section 175A of that Act (42 U.S.C.
7505a), or every 5 years in areas designated as attainment
(as defined in section 107(d) of that Act (42 U.S.C.
7407(d))),''.
(2) Metropolitan transportation improvement program.--
Section 134(h) of title 23, United States Code, is amended--
(A) in paragraph (1)(D), by striking ``2 years'' and
inserting ``4 years''; and
(B) in paragraph (2)(A), by striking ``3-year'' and
inserting ``4-year''.
(3) Statewide transportation improvement program.--Section
135(f)(1)(A) of title 23, United States Code, is amended by
inserting after ``program'' the following: ``(which program
shall cover a period of 4 years and be updated every 4
years)''.
(4) Final regulations.--Not later than 18 months after the
date of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003, the Secretary
shall promulgate regulations that are consistent with the
amendments made by this subsection.
(b) Synchronized Conformity Determination.--Section 176(c)
of the Clean Air Act (42 U.S.C. 7506(c)) is amended--
(1) in paragraph (2)--
(A) by striking ``(2) Any transportation plan'' and
inserting the following:
``(2) Transportation plans and programs.--Any
transportation plan'';
[[Page S483]]
(B) in subparagraph (C)(iii), by striking the period at the
end and inserting a semicolon;
(C) in subparagraph (D)--
(i) by striking ``Any project'' and inserting ``any
transportation project''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(D) by adding at the end the following:
``(E) the appropriate metropolitan planning organization
shall redetermine conformity of existing transportation plans
and programs not later than 2 years after the date on which
the Administrator--
``(i) finds a motor vehicle emissions budget to be adequate
in accordance with section 93.118(e)(4) of title 40, Code of
Federal Regulations (as in effect on October 1, 2003);
``(ii) approves an implementation plan that establishes a
motor vehicle emissions budget, if that budget has not yet
been used in a conformity determination prior to approval; or
``(iii) promulgates an implementation plan that establishes
or revises a motor vehicle emissions budget.'';
(2) in paragraph (4)(B)(ii), by striking ``but in no case
shall such determinations for transportation plans and
programs be less frequent than every 3 years; and'' and
inserting ``but the frequency for making conformity
determinations on updated transportation plans and programs
shall be every 4 years, except in a case in which--
``(I) the metropolitan planning organization elects to
update a transportation plan or program more frequently; or
``(II) the metropolitan planning organization is required
to determine conformity in accordance with paragraph (2)(E);
and'';
(3) in paragraph (4)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) address the effects of the most recent population,
economic, employment, travel, transit ridership, congestion,
and induced travel demand information in the development and
application of the latest travel and emissions models.'';
(4) by adding at the end the following:
``(7) Conformity horizon for transportation plans.--
``(A) In general.--For the purposes of this section, a
transportation plan in a nonattainment or maintenance area
shall be considered to be a transportation plan or a portion
of a transportation plan that extends for the longest of the
following periods:
``(i) The first 10-year period of any such transportation
plan.
``(ii) The latest year in the implementation plan
applicable to the area that contains a motor vehicle emission
budget.
``(iii) The year after the completion date of a regionally
significant project, if the project requires approval before
the subsequent conformity determination.
``(B) Exception.--In a case in which an area has a revision
to an implementation plan under section 175A(b) and the
Administrator has found the motor vehicle emissions budgets
from that revision to be adequate in accordance with section
93.118(e)(4) of title 40, Code of Federal Regulations (as in
effect on October 1, 2003), or has approved the revision, the
transportation plan shall be considered to be a
transportation plan or portion of a transportation plan that
extends through the last year of the implementation plan
required under section 175A(b).
``(8) Definitions.--In this subsection:
``(A) Regionally significant project.--
``(i) In general.--The term `regionally significant
project' means a transportation project that is on a facility
that serves a regional transportation need, including--
``(I) access to and from the area outside of the region;
``(II) access to and from major planned developments,
including new retail malls, sports complexes, or
transportation terminals; and
``(III) most transportation terminals.
``(ii) Principal arterials and fixed guideways.--The term
`regionally significant project' includes, at a minimum--
``(I) all principal arterial highways; and
``(II) all fixed guideway transit facilities that offer an
alternative to regional highway travel.
``(iii) Additional projects.--The interagency consultation
process and procedures described in section 93.105(c) of
title 40, Code of Federal Regulations (as in effect on
October 1, 2003), shall be used to make determinations as to
whether minor arterial highways and other transportation
projects should be considered `regionally significant
projects'.
``(iv) Exclusions.--The term `regionally significant
project' does not include any project of a type listed in
sections 93.126 or 127 of title 40, Code of Federal
Regulations (as in effect on October 1, 2003).
``(B) Significant revision.--The term `significant
revision' means--
``(i) with respect to a regionally significant project, a
significant change in design concept or scope to the project;
and
``(ii) with respect to any other kind of project, a change
that converts a project that is not a regionally significant
project into a regionally significant project.
``(C) Transportation project.--The term `transportation
project' includes only a project that is--
``(i) a regionally significant project; or
``(ii) a project that makes a significant revision to an
existing project.''; and
(5) in the matter following paragraph (3)(B), by inserting
``transportation'' before ``project'' each place it appears.
SEC. 1616. TRANSITION TO NEW AIR QUALITY STANDARDS.
Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) is
amended by striking paragraph (3) and inserting the
following:
``(3) Methods of conformity determination before budget is
available.--
``(A) In general.--Until such time as a motor vehicle
emission budget from an implementation plan submitted for a
national ambient air quality standard is determined to be
adequate in accordance with section 93.118(e)(4) of title 40,
Code of Federal Regulations (as in effect on October 1,
2003), or the submitted implementation plan is approved,
conformity of such a plan, program, or project shall be
demonstrated, as selected through the consultation process
required under paragraph (4)(D)(i), with--
``(i) a motor vehicle emission budget that has been found
adequate in accordance with section 93.118(e)(4) of title 40,
Code of Federal Regulations (as in effect on October 1,
2003), or that has been approved, from an implementation plan
for the most recent prior applicable national ambient air
quality standard addressing the same pollutant; or
``(ii) other such tests as the Administrator shall
determine to ensure that--
``(I) the transportation plan or program--
``(aa) is consistent with the most recent estimates of
mobile source emissions;
``(bb) provides for the expeditious implementation of
transportation control measures in the applicable
implementation plan; and
``(cc) with respect to an ozone or carbon monoxide
nonattainment area, contributes to annual emissions
reductions consistent with sections 182(b)(1) and 187(a)(7);
and
``(II) the transportation project--
``(aa) comes from a conforming transportation plan and
program described in this subparagraph; and
``(bb) in a carbon monoxide nonattainment area, eliminates
or reduces the severity and number of violations of the
carbon monoxide standards in the area substantially affected
by the project.
``(B) Determination for a transportation project in a
carbon monoxide nonattainment area.--A determination under
subparagraph (A)(ii)(II)(bb) may be made as part of either
the conformity determination for the transportation program
or for the individual project taken as a whole during the
environmental review phase of project development.''.
SEC. 1617. REDUCED BARRIERS TO AIR QUALITY IMPROVEMENTS.
Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) (as
amended by section 1615(b)(4)) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following:
``(8) Substitution for transportation control measures.--
``(A) In general.--Transportation control measures that are
specified in an implementation plan may be replaced or added
to the implementation plan with alternate or additional
transportation control measures if--
``(i) the substitute measures achieve equivalent or greater
emissions reductions than the control measure to be replaced,
as demonstrated with an analysis that is consistent with the
current methodology used for evaluating the replaced control
measure in the implementation plan;
``(ii) the substitute control measures are implemented--
``(I) in accordance with a schedule that is consistent with
the schedule provided for control measures in the
implementation plan; or
``(II) if the implementation plan date for implementation
of the control measure to be replaced has passed, as soon as
practicable after the implementation plan date but not later
than the date on which emission reductions are necessary to
achieve the purpose of the implementation plan;
``(iii) the substitute and additional control measures are
accompanied with evidence of adequate personnel, funding, and
authority under State or local law to implement, monitor, and
enforce the control measures;
``(iv) the substitute and additional control measures were
developed through a collaborative process that included--
``(I) participation by representatives of all affected
jurisdictions (including local air pollution control
agencies, the State air pollution control agency, and State
and local transportation agencies);
``(II) consultation with the Administrator; and
``(III) reasonable public notice and opportunity for
comment; and
``(v) the metropolitan planning organization, State air
pollution control agency, and the Administrator concur with
the equivalency of the substitute or additional control
measures.
``(B) Adoption.--After carrying out subparagraph (A), a
State shall adopt the substitute or additional transportation
control measure in the applicable implementation plan.
``(C) No requirement for express permission.--The
substitution or addition of a transportation control measure
in accordance with this paragraph shall not be contingent on
there being any provision in the implementation plan that
expressly permits such a substitution or addition.
``(D) No requirement for new conformity determination.--The
substitution or addition of a transportation control measure
in accordance with this paragraph shall not require--
``(i) a new conformity determination for the transportation
plan; or
``(ii) a revision of the implementation plan.
``(E) Continuation of control measure being replaced.--A
control measure that is being replaced by a substitute
control measure under this paragraph shall remain in effect
until the substitute control measure is approved.
[[Page S484]]
``(F) Effect of adoption.--Adoption of a substitute control
measure shall constitute rescission of the previously
applicable control measure.''.
SEC. 1618. AIR QUALITY MONITORING DATA INFLUENCED BY
EXCEPTIONAL EVENTS.
(a) In General.--Section 319 of the Clean Air Act (42
U.S.C. 7619) is amended--
(1) by striking the section heading and all that follows
through ``after notice and opportunity for public hearing''
and inserting the following:
``SEC. 319. AIR QUALITY MONITORING.
``(a) In General.--After notice and opportunity for public
hearing''; and
(2) by adding at the end the following:
``(b) Air Quality Monitoring Data Influenced by Exceptional
Events.--
``(1) Definition of exceptional event.--In this section:
``(A) In general.--The term `exceptional event' means an
event that--
``(i) affects air quality;
``(ii) is not reasonably controllable or preventable;
``(iii) is--
``(I) a natural event; or
``(II) an event caused by human activity that is unlikely
to recur at a particular location; and
``(iv) is determined by the Administrator through the
process established in the regulations promulgated under
paragraph (2) to be an exceptional event.
``(B) Exclusions.--The term `exceptional event' does not
include--
``(i) stagnation of air masses or meteorological
inversions;
``(ii) a meteorological event involving high temperatures
or lack of precipitation; or
``(iii) air pollution relating to source noncompliance.
``(2) Regulations.--
``(A) Proposed regulations.--Not later than March 1, 2005,
after consultation with Federal land managers and State air
pollution control agencies, the Administrator shall publish
in the Federal Register proposed regulations governing the
review and handling of air quality monitoring data influenced
by exceptional events.
``(B) Final regulations.--Not later than 1 year after the
date on which the Administrator publishes proposed
regulations under subparagraph (A), and after providing an
opportunity for interested persons to make oral presentations
of views, data, and arguments regarding the proposed
regulations, the Administrator shall promulgate final
regulations governing the review and handling or air quality
monitoring data influenced by an exceptional event that are
consistent with paragraph (3).
``(3) Principles and requirements.--
``(A) Principles.--In promulgating regulations under this
section, the Administrator shall follow--
``(i) the principle that protection of public health is the
highest priority;
``(ii) the principle that timely information should be
provided to the public in any case in which the air quality
is unhealthy;
``(iii) the principle that all ambient air quality data
should be included in a timely manner, an appropriate Federal
air quality database that is accessible to the public;
``(iv) the principle that each State must take necessary
measures to safeguard public health regardless of the source
of the air pollution; and
``(v) the principle that air quality data should be
carefully screened to ensure that events not likely to recur
are represented accurately in all monitoring data and
analyses.
``(B) Requirements.--Regulations promulgated under this
section shall, at a minimum, provide that--
``(i) the occurrence of an exceptional event must be
demonstrated by reliable, accurate data that is promptly
produced and provided by Federal, State, or local government
agencies;
``(ii) a clear causal relationship must exist between the
measured exceedances of a national ambient air quality
standard and the exceptional event to demonstrate that the
exceptional event caused a specific air pollution
concentration at a particular air quality monitoring
location;
``(iii) there is a public process for determining whether
an event is exceptional; and
``(iv) there are criteria and procedures for the Governor
of a State to petition the Administrator to exclude air
quality monitoring data that is directly due to exceptional
events from use in determinations by the Environmental
Protection Agency with respect to exceedances or violations
of the national ambient air quality standards.
``(4) Interim provision.--Until the effective date of a
regulation promulgated under paragraph (2), the following
guidance issued by the Administrator shall continue to apply:
``(A) Guidance on the identification and use of air quality
data affected by exceptional events (July 1986).
``(B) Areas affected by PM-10 natural events, May 30, 1996.
``(C) Appendices I, K, and N to part 50 of title 40, Code
of Federal Regulations.''.
SEC. 1619. CONFORMING AMENDMENTS.
Section 176(c)(4) of the Clean Air Act (42 U.S.C.
7506(c)(4) is amended--
(1) by redesignating subparagraphs (B) through (D) as
subparagraphs (D) through (F), respectively;
(2) by striking ``(4)(A) No later than one year after the
date of enactment of the Clean Air Act Amendments of 1990,
the Administrator shall promulgate'' and inserting the
following:
``(4) Criteria and procedures for determining conformity.--
``(A) In general.--The Administrator shall promulgate, and
periodically update,'';
(3) in subparagraph (A)--
(A) in the second sentence, by striking ``No later than one
year after such date of enactment, the Administrator, with
the concurrence of the Secretary of Transportation, shall
promulgate'' and inserting the following:
``(B) Transportation plans, programs, and projects.--The
Administrator, with the concurrence of the Secretary of
Transportation, shall promulgate, and periodically update,'';
and
(B) in the third sentence, by striking ``A suit'' and
inserting the following:
``(C) Civil action to compel promulgation.--A civil
action''; and
(4) by striking subparagraph (E) (as redesignated by
paragraph (1)) and inserting the following:
``(E) Inclusion of criteria and procedures in sip.--Not
later than 2 years after the date of enactment of the Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2003, the procedures under subparagraph (A) shall
include a requirement that each State include in the State
implementation plan criteria and procedures for consultation
in accordance with the Administrator's criteria and
procedures for consultation required by subparagraph
(D)(i).''.
SEC. 1620. HIGHWAY STORMWATER DISCHARGE MITIGATION PROGRAM.
(a) Highway Stormwater Mitigation Projects.--Section 133(d)
of title 23, United States Code (as amended by section
1401(a)(2)(B)), is amended by adding at the end the
following:
``(5) Highway stormwater discharge mitigation projects.--Of
the amount apportioned to a State under section 104(b)(3) for
a fiscal year, 2 percent shall be available only for projects
and activities carried out under section 167.''.
(b) Highway Stormwater Discharge Mitigation Program.--
Subchapter I of chapter 1 of title 23, United States Code (as
amended by section 1601(a)), is amended by adding at the end
the following:
``Sec. 167. Highway stormwater discharge mitigation program
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Eligible mitigation project.--The term `eligible
mitigation project' means a practice or technique that--
``(A) improves stormwater discharge water quality;
``(B) attains preconstruction hydrology;
``(C) promotes infiltration of stormwater into groundwater;
``(D) recharges groundwater;
``(E) minimizes stream bank erosion;
``(F) promotes natural filters;
``(G) otherwise mitigates water quality impacts of highway
stormwater discharges, improves surface water quality, or
enhances groundwater recharge; or
``(H) reduces flooding caused by highway stormwater
discharge.
``(3) Federal-aid highway and associated facility.--The
term `Federal-aid highway and associated facility' means--
``(A) a Federal-aid highway; or
``(B) a facility or land owned by a State (or political
subdivision of a State) that is directly associated with the
Federal-aid highway.
``(4) Highway stormwater discharge.--The term `highway
stormwater discharge' means stormwater discharge from a
Federal-aid highway, or a Federal-aid highway and associated
facility, that was constructed before the date of enactment
of this section.
``(5) Highway stormwater discharge mitigation.--The term
`highway stormwater discharge mitigation' means--
``(A) the reduction of water quality impacts of stormwater
discharges from Federal-aid highways or Federal-aid highways
and associated facilities; or
``(B) the enhancement of groundwater recharge from
stormwater discharges from Federal-aid highways or Federal-
aid highways and associated facilities.
``(6) Program.--The term `program' means the highway
stormwater discharge mitigation program established under
subsection (b).
``(b) Establishment.--The Secretary shall establish a
highway stormwater discharge mitigation program--
``(1) to improve the quality of stormwater discharge from
Federal-aid highways or Federal-aid highways and associated
facilities; and
``(2) to enhance groundwater recharge.
``(c) Priority of Projects.--For projects funded from the
allocation under section 133(d)(6), a State shall give
priority to projects sponsored by a State or local government
that assist the State or local government in complying with
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
``(d) Guidance.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary, in consultation
with the Administrator, shall issue guidance to assist States
in carrying out this section.
``(2) Requirements for guidance.--The guidance issued under
paragraph (1) shall include information concerning innovative
technologies and nonstructural best management practices to
mitigate highway stormwater discharges.''.
(c) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1601(b), is amended by inserting after the item
relating to section 166 the following:
``167. Highway stormwater discharge mitigation program.''.
Subtitle G--Operations
SEC. 1701. TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.
(a) Surface Transportation Program Eligibility.--Section
133(b) of title 23, United
[[Page S485]]
States Code (as amended by section 1601(a)(2)), is amended by
adding at the end the following:
``(16) Regional transportation operations collaboration and
coordination activities that are associated with regional
improvements, such as traffic incident management, technology
deployment, emergency management and response, traveler
information, and regional congestion relief.
``(17) Rush hour congestion relief.--
``(A) In general.--Subject to subparagraph (B), a State may
spend not more than 2 percent of the funds apportioned under
this section to reduce traffic delays caused by motor vehicle
accidents and breakdowns on highways during peak driving
times.
``(B) Use of funds.--A State, metropolitan planning
organization, or local government may use the funds under
subparagraph (A)--
``(i) to develop a region-wide coordinated plan to mitigate
traffic delays caused by motor vehicle accidents and
breakdowns;
``(ii) to purchase or lease telecommunications equipment
for first responders;
``(iii) to purchase or lease towing and recovery services;
``(iv) to pay contractors for towing and recovery;
``(v) to rent vehicle storage areas adjacent to roadways;
``(vi) to fund service patrols, equipment, and operations;
``(vii) to purchase incident detection equipment;
``(viii) to carry out training.''.
(b) Congestion Mitigation and Air Quality Improvement
Program Eligibility.--Section 149(b)(5) of title 23, United
States Code, is amended by inserting ``improve transportation
systems management and operations,'' after
``intersections,''.
(c) Transportation Systems Management and Operations.--
(1) In general.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1620(b)), is
amended by adding at the end the following:
``Sec. 168. Transportation systems management and operations
``(a) In General.--The Secretary shall carry out a
transportation systems management and operations program to--
``(1) ensure efficient and effective transportation systems
management and operations on Federal-aid highways through
collaboration, coordination, and real-time information
sharing at a regional and Statewide level among--
``(A) managers and operators of major modes of
transportation;
``(B) public safety officials; and
``(C) the general public; and
``(2) manage and operate Federal-aid highways in a
coordinated manner to preserve the capacity and maximize the
performance of highway and transit facilities for travelers
and carriers.
``(b) Authorized Activities.--
``(1) In general.--In carrying out the program under
subsection (a), the Secretary may carry out activities to--
``(A) encourage managers and operators of major modes of
transportation, public safety officials, and transportation
planners in urbanized areas that are responsible for
conducting the day-to-day management, operations, public
safety, and planning of transportation facilities and
services to collaborate on and coordinate, on a regional
level and in a continuous and sustained manner, improved
transportation systems management and operations; and
``(B) encourage States to--
``(i) establish a system of basic real-time monitoring for
the surface transportation system; and
``(ii) provide the means to share the data gathered under
clause (i) among--
``(I) highway, transit, and public safety agencies;
``(II) jurisdictions (including States, cities, counties,
and metropolitan planning organizations);
``(III) private-sector entities; and
``(IV) the general public.
``(2) Activities.--Activities to be carried out under
paragraph (1) include--
``(A) developing a regional concept of operations that
defines a regional strategy shared by all transportation and
public safety participants with respect to the manner in
which the transportation systems of the region should be
managed, operated, and measured;
``(B) the sharing of information among operators, service
providers, public safety officials, and the general public;
and
``(C) guiding, in a regionally-coordinated manner and in a
manner consistent with and integrated into the metropolitan
and statewide transportation planning processes and regional
intelligent transportation system architecture, the
implementation of regional transportation system management
and operations initiatives, including--
``(i) emergency evacuation and response;
``(ii) traffic incident management;
``(iii) technology deployment; and
``(iv) traveler information systems delivery.
``(c) Cooperation.--In carrying out the program under
subsection (a), the Secretary may assist and cooperate with
other Federal agencies, State and local governments,
metropolitan planning organizations, private industry, and
other interested parties to improve regional collaboration
and real-time information sharing between managers and
operators of major modes of transportation, public safety
officials, emergency managers, and the general public to
increase the security, safety, and reliability of Federal-aid
highways.
``(d) Guidance; Regulations.--
``(1) In general.--In carrying out the program under
subsection (a), the Secretary may issue guidance or
promulgate regulations for the procurement of transportation
system management and operations facilities, equipment, and
services, including--
``(A) equipment procured in preparation for natural
disasters, disasters caused by human activity, and
emergencies;
``(B) system hardware;
``(C) software; and
``(D) software integration services.
``(2) Considerations.--In developing the guidance or
regulations under paragraph (1), the Secretary may consider
innovative procurement methods that support the timely and
streamlined execution of transportation system management and
operations programs and projects.
``(3) Financial assistance.--The Secretary may authorize
the use of funds made available under section 104(b)(3) to
provide assistance for regional operations collaboration and
coordination activities that are associated with regional
improvements, such as--
``(A) traffic incident management;
``(B) technology deployment;
``(C) emergency management and response;
``(D) traveler information; and
``(E) congestion relief.''.
(2) Conforming amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1620(c)), is amended by adding at the end:
``168. Transportation systems management and operations.''.
SEC. 1702. REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM.
(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1701(c)(1)), is
amended by adding at the end the following:
``Sec. 169. Real-time system management information program
``(a) In General.--The Secretary shall carry out a real-
time system management information program to--
``(1) provide a nationwide system of basic real-time
information for managing and operating the surface
transportation system;
``(2)(A) identify long-range real-time highway and transit
monitoring needs; and
``(B) develop plans and strategies for meeting those needs;
``(3) provide the capability and means to share the basic
real-time information with State and local governments and
the traveling public; and
``(4) provide the nationwide capability to monitor, in
real-time, the traffic and travel conditions of major
highways in the United States, and to share that information
with State and local governments and the traveling public,
to--
``(A) improve the security of the surface transportation
system;
``(B) address congestion problems;
``(C) support improved response to weather events; and
``(D) facilitate the distribution of national and regional
traveler information.
``(b) Data Exchange Formats.--Not later than 1 year after
the date of enactment of this section, the Secretary shall
establish data exchange formats to ensure that the data
provided by highway and transit monitoring systems (including
statewide incident reporting systems) can readily be
exchanged between jurisdictions to facilitate the nationwide
availability of information on traffic and travel conditions.
``(c) Statewide Incident Reporting System.--Not later than
2 years after the date of enactment of this section, or not
later than 5 years after the date of enactment of this
section if the Secretary determines that adequate real-time
communications capability will not be available within 2
years after the date of enactment of this section, each State
shall establish a statewide incident reporting system to
facilitate the real-time electronic reporting of highway and
transit incidents to a central location for use in--
``(1) monitoring an incident;
``(2) providing accurate traveler information on the
incident; and
``(3) responding to the incident as appropriate.
``(d) Regional ITS Architecture.--
``(1) In general.--In developing or updating regional
intelligent transportation system architectures under section
940.9 of title 23, Code of Federal Regulations (or any
successor regulation), States and local governments shall
address--
``(A) the real-time highway and transit information needs
of the State or local government, including coverage,
monitoring systems, data fusion and archiving, and methods of
exchanging or sharing information; and
``(B) the systems needed to meet those needs.
``(2) Data exchange formats.--In developing or updating
regional intelligent transportation system architectures,
States and local governments are encouraged to incorporate
the data exchange formats developed by the Secretary under
subsection (b) to ensure that the data provided by highway
and transit monitoring systems can readily be--
``(A) exchanged between jurisdictions; and
``(B) shared with the traveling public.
``(e) Eligible Funding.--Subject to project approval by the
Secretary, a State may--
``(1) use funds apportioned to the State under section
505(a) to carry out activities relating to the planning of
real-time monitoring elements; and
``(2) use funds apportioned to the State under paragraphs
(1) and (3) of section 104(b) to carry out activities
relating to the planning and deployment of real-time
monitoring elements.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1701(c)(2)), is amended adding at the end the
following:
``169. Real-time system management information program.''.
[[Page S486]]
Subtitle H--Federal-Aid Stewardship
SEC. 1801. FUTURE INTERSTATE SYSTEM ROUTES.
Section 103(c)(4)(B) of title 23, United States Code, is
amended--
(1) in clause (ii), by striking ``12'' and inserting
``25''; and
(2) in clause (iii)--
(A) in subclause (I), by striking ``in the agreement
between the Secretary and the State or States''; and
(B) by adding at the end the following:
``(III) Existing agreements.--An agreement described in
clause (ii) that is entered into before the date of enactment
of this subparagraph shall be deemed to include the 25-year
time limitation described in that clause, regardless of any
earlier construction completion date in the agreement.''.
SEC. 1802. STEWARDSHIP AND OVERSIGHT.
(a) In General.--Section 106 of title 23, United States
Code, is amended--
(1) by striking subsection (e) and inserting the following:
``(e) Value Engineering Analysis.--
``(1) Definition of value engineering analysis.--
``(A) In general.--In this subsection, the term `value
engineering analysis' means a systematic process of review
and analysis of a project, during the design phase, by a
multidisciplined team of persons not involved in the project,
that is conducted to provide recommendations such as
recommendations described in subparagraph (B) for--
``(i) reducing the total cost of the project; and
``(ii) improving the quality of the project.
``(B) Inclusions.--The recommendations referred to in
subparagraph (A) include, with respect to a project--
``(i) combining or eliminating otherwise inefficient use of
expensive parts of the original proposal design for the
project; and
``(ii) completely redesigning the project using different
technologies, materials, or methods so as to accomplish the
original purpose of the project.
``(2) Analysis.--The State shall provide a value
engineering analysis or other cost-reduction analysis for--
``(A) each project on the Federal-Aid System with an
estimated total cost of $25,000,000 or more;
``(B) a bridge project with an estimated total cost of
$20,000,000 or more; and
``(C) any other project the Secretary determines to be
appropriate.
``(3) Major projects.--The Secretary may require more than
1 analysis described in paragraph (2) for a major project
described in subsection (h).
``(4) Requirements.--Analyses described in paragraph (1)
for a bridge project shall--
``(A) include bridge substructure requirements based on
construction material; and
``(B) be evaluated--
``(i) on engineering and economic bases, taking into
consideration acceptable designs for bridges; and
``(ii) using an analysis of life-cycle costs and duration
of project construction.''; and
(2) by striking subsections (g) and (h) and inserting the
following:
``(g) Oversight Program.--
``(1) Program.--
``(A) In general.--The Secretary shall establish an
oversight program to monitor the effective and efficient use
of funds made available under this title.
``(B) Minimum requirements.--At a minimum, the program
shall monitor and respond to all areas relating to financial
integrity and project delivery.
``(2) Financial integrity.--
``(A) Financial management systems.--
``(i) In general.--The Secretary shall perform annual
reviews of the financial management systems of State
transportation departments that affect projects approved
under subsection (a).
``(ii) Review areas.--In carrying out clause (i), the
Secretary shall use risk assessment procedures to identify
areas to be reviewed.
``(B) Project costs.--The Secretary shall--
``(i) develop minimum standards for estimating project
costs; and
``(ii) periodically evaluate practices of the States for--
``(I) estimating project costs;
``(II) awarding contracts; and
``(III) reducing project costs.
``(C) Responsibility of the states.--
``(i) In general.--Each State shall be responsible for
ensuring that subrecipients of Federal funds within the State
under this section have--
``(I) sufficient accounting controls to properly manage the
Federal funds; and
``(II) adequate project delivery systems for projects
approved under this section.
``(ii) Review by secretary.--The Secretary shall
periodically review monitoring by the States of those
subrecipients.
``(3) Project delivery.--The Secretary shall--
``(A) perform annual reviews of the project delivery system
of each State, including analysis of 1 or more activities
that are involved in the life cycle of a project; and
``(B) employ risk assessment procedures to identify areas
to be reviewed.
``(4) Specific oversight responsibilities.--Nothing in this
section discharges or otherwise affects any oversight
responsibility of the Secretary--
``(A) specifically provided for under this title or other
Federal law; or
``(B) for the design and construction of all Appalachian
development highways under section 14501 of title 40 or
section 170 of this title.
``(h) Major Projects.--
``(1) In general.--Notwithstanding any other provision of
this section, a recipient of Federal financial assistance for
a project under this title with an estimated total cost of
$1,000,000,000 or more, and recipients for such other
projects as may be identified by the Secretary, shall submit
to the Secretary for each project--
``(A) a project management plan; and
``(B) an annual financial plan.
``(2) Project management plan.--A project management plan
shall document--
``(A) the procedures and processes that are in effect to
provide timely information to the project decisionmakers to
effectively manage the scope, costs, schedules, and quality
of, and the Federal requirements applicable to, the project;
and
``(B) the role of the agency leadership and management team
in the delivery of the project.
``(3) Financial plan.--A financial plan shall--
``(A) be based on detailed estimates of the cost to
complete the project; and
``(B) provide for the annual submission of updates to the
Secretary that are based on reasonable assumptions, as
determined by the Secretary, of future increases in the cost
to complete the project.
``(i) Other Projects.--A recipient of Federal financial
assistance for a project under this title that receives
$100,000,000 or more in Federal assistance for the project,
and that is not covered by subsection (h), shall prepare, and
make available to the Secretary at the request of the
Secretary, an annual financial plan for the project.''.
(b) Conforming Amendments.--
(1) Section 114(a) of title 23, United States Code, is
amended--
(A) in the first sentence by striking ``highways or
portions of highways located on a Federal-aid system'' and
inserting ``Federal-aid highway or a portion of a Federal-aid
highway''; and
(B) by striking the second sentence and inserting ``The
Secretary shall have the right to conduct such inspections
and take such corrective action as the Secretary determines
to be appropriate.''.
(2) Section 117 of title 23, United States Code, is
amended--
(A) by striking subsection (d); and
(B) by redesignating subsections (e) through (h) as
subsections (d) through (g), respectively.
(c) Contractor Suspension and Debarment Policy; Sharing
Fraud Monetary Recoveries.--
(1) In general.--Section 307 of title 49, United States
Code, is amended to read as follows:
``Sec. 307. Contractor suspension and debarment policy;
sharing fraud monetary recoveries
``(a) Mandatory Enforcement Policy.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary--
``(A) shall debar any contractor or subcontractor convicted
of a criminal or civil offense involving fraud relating to a
project receiving Federal highway or transit funds for such
period as the Secretary determines to be appropriate; and
``(B) subject to approval by the Attorney General--
``(i) except as provided in paragraph (2), shall suspend
any contractor or subcontractor upon indictment for criminal
or civil offenses involving fraud; and
``(ii) may exclude nonaffiliated subsidiaries of a debarred
business entity.
``(2) National security exception.--If the Secretary finds
that mandatory debarment or suspension of a contractor or
subcontractor under paragraph (1) would be contrary to the
national security of the United States, the Secretary--
``(A) may waive the debarment or suspension; and
``(B) in the instance of each waiver, shall provide
notification to Congress of the waiver with appropriate
details.
``(b) Sharing of Monetary Recoveries.--
``(1) In general.--Notwithstanding any other provision of
law--
``(A) monetary judgments accruing to the Federal Government
from judgments in Federal criminal prosecutions and civil
judgments pertaining to fraud in highway and transit programs
shall be shared with the State or local transit agency
involved; and
``(B) the State or local transit agency shall use the funds
for transportation infrastructure and oversight activities
relating to programs authorized under title 23 and this
title.
``(2) Amount.--The amount of recovered funds to be shared
with an affected State or local transit agency shall be--
``(A) determined by the Attorney General, in consultation
with the Secretary; and
``(B) considered to be Federal funds to be used in
compliance with other relevant Federal transportation laws
(including regulations).
``(3) Fraudulent activity.--Paragraph (1) shall not apply
in any case in which a State or local transit agency is found
by the Attorney General, in consultation with the Secretary,
to have been involved or negligent with respect to the
fraudulent activities.''.
(2) Conforming amendment.--The analysis for chapter 3 of
title 49, United States Code, is amended by striking the item
relating to section 307 and inserting the following:
``307. Contractor suspension and debarment policy; sharing fraud
monetary recoveries.''.
SEC. 1803. DESIGN-BUILD CONTRACTING.
Section 112(b)(3) of title 23, United States Code, is
amended by striking subparagraph (C) and inserting the
following:
``(C) Qualified projects.--A qualified project referred to
in subparagraph (A) is a project under this chapter
(including intermodal projects) for which the Secretary has
approved the use of design-build contracting under criteria
specified in regulations promulgated by the Secretary.''.
[[Page S487]]
SEC. 1804. PROGRAM EFFICIENCIES--FINANCE.
(a) Advance Construction.--Section 115 of title 23, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by redesignating subsections (a)(2), (a)(2)(A), and
(a)(2)(B) as subsections (c), (c)(1), and (c)(2),
respectively, and indenting appropriately;
(3) by striking ``(a) Congestion.--'' and all that follows
through subsection (a)(1)(B);
(4) by striking subsection (b); and
(5) by inserting after the section heading the following:
``(a) In General.--The Secretary may authorize a State to
proceed with a project authorized under this title--
``(1) without the use of Federal funds; and
``(2) in accordance with all procedures and requirements
applicable to the project other than those procedures and
requirements that limit the State to implementation of a
project--
``(A) with the aid of Federal funds previously apportioned
or allocated to the State; or
``(B) with obligation authority previously allocated to the
State.
``(b) Obligation of Federal Share.--The Secretary, on the
request of a State and execution of a project agreement, may
obligate all or a portion of the Federal share of the project
authorized under this section from any category of funds for
which the project is eligible.''.
(b) Obligation and Release of Funds.--Section 118 of title
23, United States Code, is amended by striking subsection (d)
and inserting the following:
``(d) Obligation and Release of Funds.--
``(1) In general.--Funds apportioned or allocated to a
State for a particular purpose for any fiscal year shall be
considered to be obligated if a sum equal to the total of the
funds apportioned or allocated to the State for that purpose
for that fiscal year and previous fiscal years is obligated.
``(2) Released funds.--Any funds released by the final
payment for a project, or by modifying the project agreement
for a project, shall be--
``(A) credited to the same class of funds previously
apportioned or allocated to the State; and
``(B) immediately available for obligation.
``(3) Net obligations.--Notwithstanding any other provision
of law (including a regulation), obligations recorded against
funds made available under this section shall be recorded and
reported as net obligations.''.
SEC. 1805. SET-ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.
Section 118(c)(1) of title 23, United States Code, is
amended--
(1) by striking ``$50,000,000'' and all that follows
through ``2003'' and inserting ``$100,000,000 for each of
fiscal years 2004 through 2009''; and
(2) by striking ``Transportation Equity Act for the 21st
Century'' and inserting ``Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003''.
SEC. 1806. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) Federal Share Payable.--
(1) In general.--Section 120(k) of title 23, United States
Code, is amended--
(A) by striking ``Federal-aid highway''; and
(B) by striking ``section 104'' and inserting ``this title
or chapter 53 of title 49''.
(2) Technical references.--Section 120(l) of title 23,
United States Code, is amended by striking ``section 104''
and inserting ``this title or chapter 53 of title 49''.
(b) Payments to Federal Agencies for Federal-Aid
Projects.--Section 132 of title 23, United States Code, is
amended--
(1) by striking the first 2 sentences and inserting the
following:
``(a) In General.--In a case in which a proposed Federal-
aid project is to be undertaken by a Federal agency in
accordance with an agreement between a State and the Federal
agency, the State may--
``(1) direct the Secretary to transfer the funds for the
Federal share of the project directly to the Federal agency;
or
``(2) make such deposit with, or payment to, the Federal
agency as is required to meet the obligation of the State
under the agreement for the work undertaken or to be
undertaken by the Federal agency.
``(b) Reimbursement.--On execution of a project agreement
with a State described in subsection (a), the Secretary may
reimburse the State, using any available funds, for the
estimated Federal share under this title of the obligation of
the State deposited or paid under subsection (a)(2).''; and
(2) in the last sentence, by striking ``Any sums'' and
inserting the following:
``(c) Recovery and Crediting of Funds.--Any sums''.
(c) Allocations.--Section 202 of title 23, United States
Code, is amended--
(1) in subsection (a), by striking ``(a) On October 1'' and
all that follows through ``Such allocation'' and inserting
the following:
``(a) Allocation Based on Need.--
``(1) In general.--On October 1 of each fiscal year, the
Secretary shall allocate sums authorized to be appropriated
for the fiscal year for forest development roads and trails
according to the relative needs of the various national
forests and grassland.
``(2) Planning.--The allocation under paragraph (1)'';
(2) by striking subsection (b) and inserting the following:
``(b) Allocation for Public Lands Highways.--
``(1) Public lands highways.--
``(A) In general.--On October 1 of each fiscal year, the
Secretary shall allocate 33\1/3\ percent of the sums
authorized to be appropriated for that fiscal year for public
lands highways among those States having unappropriated or
unreserved public lands, or nontaxable Indian lands or other
Federal reservations, on the basis of need in the States,
respectively, as determined by the Secretary, on application
of the State transportation departments of the respective
States.
``(B) Preference.--In making the allocation under
subparagraph (A), the Secretary shall give preference to
those projects that are significantly impacted by Federal
land and resource management activities that are proposed by
a State that contains at least 3 percent of the total public
land in the United States.
``(2) National forest system.--
``(A) In general.--On October 1 of each fiscal year, the
Secretary shall allocate 66\2/3\ percent of the funds
authorized to be appropriated for public lands highways for
forest highways in accordance with section 134 of the
Federal-Aid Highway Act of 1987 (23 U.S.C. 202 note; 101
Stat. 173).
``(B) Public access to and within national forest system.--
In making the allocation under subparagraph (A), the
Secretary shall give equal consideration to projects that
provide access to and within the National Forest System, as
identified by the Secretary of Agriculture through--
``(i) renewable resource and land use planning; and
``(ii) assessments of the impact of that planning on
transportation facilities.'';
(3) in subsection (c)--
(A) by striking ``(c) On'' and inserting the following:
``(c) Park Roads and Parkways.--
``(1) In general.--On''; and
(B) by adding at the end the following:
``(2) Priority.--
``(A) Definition of qualifying national park.--In this
paragraph, the term ``qualifying national park'' means a
National Park that is used more than 1,000,000 recreational
visitor days per year, based on an average of the 3 most
recent years of available data from the National Park
Service.
``(B) Priority.--Notwithstanding any other provision of
law, with respect to funds authorized for park roads and
parkways, the Secretary shall give priority in the allocation
of funds to projects for highways that--
``(i) are located in, or provide access to, a qualifying
National Park; and
``(ii) were initially constructed before 1940.
``(C) Priority conflicts.--If there is a conflict between
projects described in subparagraph (B), the Secretary shall
give highest priority to projects that--
``(i) are in, or that provide access to, parks that are
adjacent to a National Park of a foreign country; or
``(ii) are located in more than 1 State;'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking ``1999'' and
inserting ``2005''; and
(ii) by striking ``1999'' and inserting ``2005'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking ``2000'' and
inserting ``2005'';
(ii) in subparagraphs (A), (B), and (D), by striking
``2000'' each place it appears and inserting ``2005'';
(iii) in subparagraph (B), by striking ``1999'' each place
it appears and inserting ``2004''; and
(iv) by adding at the end the following:
``(E) Transferred funds.--
``(i) In general.--Not later than 30 days after the date on
which funds are made available to the Secretary of the
Interior under this paragraph, the funds shall be distributed
to, and available for immediate use by, the eligible Indian
tribes, in accordance with the formula applicable for each
fiscal year.
``(ii) Formula.--If the Secretary of the Interior has not
promulgated final regulations for the distribution of funds
under clause (i) for a fiscal year by the date on which the
funds for the fiscal year are required to be distributed
under that clause, the Secretary of the Interior shall
distribute the funds under clause (i) in accordance with the
applicable funding formula for the preceding year.'';
(C) in paragraph (3)(A)--
(i) by striking ``under this title'' and inserting ``under
this chapter and section 125(e)''; and
(ii) by inserting ``and the approved Indian reservation
road transportation improvement program'' before the period
at the end; and
(D) in paragraph (4)--
(i) in subparagraph (B)--
(I) by striking ``(B) Reservation.--Of the amounts'' and
all that follows through ``to replace,'' and inserting the
following:
``(B) Funding.--
``(i) Reservation of funds.--Of the amounts authorized to
be appropriated for Indian reservation roads for each fiscal
year, the Secretary, in cooperation with the Secretary of the
Interior, shall reserve not less than $15,000,000 for each of
fiscal years 2004 through 2009 to carry out planning, design,
engineering, preconstruction, construction, and inspection of
projects to replace,''; and
(II) by adding at the end the following:
``(ii) Availability.--Funds made available to carry out
this subparagraph shall be available for obligation in the
same manner as if the funds were apportioned under chapter
1.''; and
(ii) by striking subparagraph (D) and inserting the
following:
``(D) Approval requirement.--
``(i) In general.--Subject to clause (ii), on request by an
Indian tribe or the Secretary of the Interior, the Secretary
may make funds available under this subsection for
preliminary engineering for Indian reservation road bridge
projects.
``(ii) Construction and construction engineering.--The
Secretary may make funds available under clause (i) for
construction and construction engineering only after approval
by the Secretary of applicable plans, specifications, and
estimates.''; and
[[Page S488]]
(5) by adding at the end the following:
``(f) Administration of Indian Reservation Roads.--
Notwithstanding any other provision of law, for any fiscal
year not more than 6 percent of the contract authority
amounts made available from the Highway Trust Fund to the
Bureau of Indian Affairs under this title shall be used to
pay the expenses incurred by the Bureau in administering the
Indian reservation roads program (including the
administrative expenses relating to individual projects
associated with the Indian reservation roads program).''.
(d) Planning and Agency Coordination.--Section 204 of title
23, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``refuge roads,''
after ``parkways,'';
(2) by striking subsection (b) and inserting the following:
``(b) Use of Funds.--
``(1) In general.--Funds available for public lands
highways, recreation roads, park roads and parkways, forest
highways, and Indian reservation roads shall be used by the
Secretary and the Secretary of the appropriate Federal land
management agency to pay the cost of transportation planning,
research, engineering, operation and maintenance of transit
facilities, and construction of the highways, roads,
parkways, forest highways, and transit facilities located on
public land, national parks, and Indian reservations.
``(2) Contract.--In connection with an activity described
in paragraph (1), the Secretary and the Secretary of the
appropriate Federal land management agency may enter into a
construction contract or other appropriate agreement with--
``(A) a State (including a political subdivision of a
State); or
``(B) an Indian tribe.
``(3) Indian reservation roads.--In the case of an Indian
reservation road--
``(A) Indian labor may be used, in accordance with such
rules and regulations as may be promulgated by the Secretary
of the Interior, to carry out any construction or other
activity described in paragraph (1); and
``(B) funds made available to carry out this section may be
used to pay bridge preconstruction costs (including planning,
design, and engineering).
``(4) Federal employment.--No maximum on Federal employment
shall be applicable to construction or improvement of Indian
reservation roads.
``(5) Availability of funds.--Funds available under this
section for each class of Federal lands highway shall be
available for any kind of transportation project eligible for
assistance under this title that is within or adjacent to, or
that provides access to, the areas served by the particular
class of Federal lands highway.
``(6) Reservation of funds.--The Secretary of the Interior
may reserve funds from administrative funds of the Bureau of
Indian Affairs that are associated with the Indian
reservation road program to finance the Indian technical
centers authorized under section 504(b).''; and
(3) in subsection (k)(1)--
(A) in subparagraph (B)--
(i) by striking ``(2), (5),'' and inserting ``(2), (3),
(5),''; and
(ii) by striking ``and'' after the semicolon;
(B) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) maintenance of public roads in national fish
hatcheries under the jurisdiction of the United States Fish
and Wildlife Service;
``(E) the non-Federal share of the cost of any project
funded under this title or chapter 53 of title 49 that
provides access to or within a wildlife refuge; and
``(F) maintenance and improvement of recreational trails
(except that expenditures on trails under this subparagraph
shall not exceed 5 percent of available funds for each fiscal
year).''.
(e) Safety.--
(1) Allocations.--Section 202 of title 23, United States
Code (as amended by subsection (c)(5)), is amended by adding
at the end the following:
``(g) Safety.--Subject to paragraph (2), on October 1 of
each fiscal year, the Secretary shall allocate the sums
authorized to be appropriated for the fiscal year for safety
as follows:
``(1) 12 percent to the Bureau of Reclamation.
``(2) 18 percent to the Bureau of Indian Affairs.
``(3) 17 percent to the Bureau of Land Management.
``(4) 17 percent to the Forest Service.
``(5) 7 percent to the United States Fish and Wildlife
Service.
``(6) 17 percent to the National Park Service.
``(7) 12 percent to the Corps of Engineers.''.
(2) Availability of funds.--Section 203 of title 23, United
States Code, is amended by inserting ``safety projects or
activities,'' after ``refuge roads,'' each place it appears.
(3) Use of funding.--Section 204 of title 23, United States
Code, is amended by adding at the end the following:
``(l) Safety Activities.--
``(1) In general.--Notwithstanding any other provision of
this title, funds made available for safety under this title
shall be used by the Secretary and the head of the
appropriate Federal land management agency only to pay the
costs of carrying out--
``(A) transportation safety improvement activities;
``(B) activities to eliminate high-accident locations;
``(C) projects to implement protective measures at, or
eliminate, at-grade railway-highway crossings;
``(D) collection of safety information;
``(E) transportation planning projects or activities;
``(F) bridge inspection;
``(G) development and operation of safety management
systems;
``(H) highway safety education programs; and
``(I) other eligible safety projects and activities
authorized under chapter 4.
``(2) Contracts.--In carrying out paragraph (1), the
Secretary and the Secretary of the appropriate Federal land
management agency may enter into contracts or agreements
with--
``(A) a State;
``(B) a political subdivision of a State; or
``(C) an Indian tribe.
``(3) Exception.--The cost sharing requirements under the
Federal Water Project Recreation Act (16 U.S.C. 460l-12 et
seq.) shall not apply to funds made available to the Bureau
of Reclamation under this subsection.''.
(f) Recreation Roads.--
(1) Authorizations.--Section 201 of title 23, United States
Code, is amended in the first sentence by inserting
``recreation roads,'' after ``public lands highways,''.
(2) Allocations.--Section 202 of title 23, United States
Code (as amended by subsection (e)(1)), is amended by adding
at the end the following:
``(h) Recreation Roads.--
``(1) In general.--Subject to paragraphs (2) and (3), on
October 1 of each fiscal year, the Secretary, after
completing the transfer under subsection 204(i), shall
allocate the sums authorized to be appropriated for the
fiscal year for recreation roads as follows:
``(A) 8 percent to the Bureau of Reclamation.
``(B) 9 percent to the Corps of Engineers.
``(C) 13 percent to the Bureau of Land Management.
``(D) 70 percent to the Forest Service.
``(2) Allocation within agencies.--Recreation road funds
allocated to a Federal agency under paragraph (1) shall be
allocated for projects and activities of the Federal agency
according to the relative needs of each area served by
recreation roads under the jurisdiction of the Federal
agency, as indicated in the approved transportation
improvement program for each Federal agency.''.
(3) Availability of funds.--Section 203 of title 23, United
States Code, is amended--
(A) in the first sentence, by inserting ``recreation
roads,'' after ``Indian reservation roads,''; and
(B) in the fourth sentence, by inserting ``, recreation
roads,'' after ``Indian roads''.
(4) Use of funding.--Section 204 of title 23, United States
Code (as amended by subsection (e)(3)), is amended by adding
at the end the following:
``(m) Recreation Roads.--
``(1) In general.--Notwithstanding any other provision of
this title, funds made available for recreation roads under
this title shall be used by the Secretary and the Secretary
of the appropriate Federal land management agency only to pay
the cost of--
``(A) maintenance or improvements of existing recreation
roads;
``(B) maintenance and improvements of eligible projects
described in paragraph (1), (2), (3), (5), or (6) of
subsection (h) that are located in or adjacent to Federal
land under the jurisdiction of--
``(i) the Department of Agriculture
``(ii) the Department of Defense; or
``(iii) the Department of the Interior;
``(C) transportation planning and administrative activities
associated with those maintenance and improvements; and
``(D) the non-Federal share of the cost of any project
funded under this title or chapter 53 of title 49 that
provides access to or within Federal land described in
subparagraph (B).
``(2) Contracts.--In carrying out paragraph (1), the
Secretary and the Secretary of the appropriate Federal land
management agency may enter into contracts or agreements
with--
``(A) a State;
``(B) a political subdivision of a State; or
``(C) an Indian tribe.
``(3) New roads.--No funds made available under this
section shall be used to pay the cost of the design or
construction of new recreation roads.
``(4) Compliance with other environmental laws.--A
maintenance or improvement project that is funded under this
subsection, and that is consistent with or has been
identified in a land use plan for an area under the
jurisdiction of a Federal agency, shall not require any
additional environmental reviews or assessments under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) if--
``(A) the Federal agency that promulgated the land use plan
analyzed the specific proposal for the maintenance or
improvement project under that Act; and
``(B) as of the date on which the funds are to be expended,
there are--
``(i) no significant changes to the proposal bearing on
environmental concerns; and
``(ii) no significant new information.
``(5) Exception.--The cost sharing requirements under the
Federal Water Project Recreation Act (16 U.S.C. 460l-12 et
seq.) shall not apply to funds made available to the Bureau
of Reclamation under this subsection.''.
(g) Conforming Amendments.--
(1) Sections 120(e) and 125(e) of title 23, United States
Code, are amended by striking ``public lands highways,'' each
place it appears and inserting ``public lands highways,
recreation roads,''.
(2) Sections 120(e), 125(e), 201, 202(a), and 203 of title
23, United States Code, are amended by striking ``forest
development roads'' each place it appears and inserting
``National Forest System roads''.
(3) Section 202(e) of title 23, United States Code, is
amended by striking ``Refuge System,'' and inserting ``Refuge
System and the various national fish hatcheries,''.
(4) Section 204 of title 23, United States Code, is
amended--
[[Page S489]]
(A) in subsection (a)(1), by striking ``public lands
highways,'' and inserting ``public lands highways, recreation
roads, forest highways,''; and
(B) in subsection (i), by striking ``public lands
highways'' each place it appears and inserting ``public lands
highways, recreation roads, and forest highways''.
(5) Section 205 of title 23, United States Code, is
amended--
(A) by striking the section heading and inserting the
following:
``Sec. 205. National Forest System roads and trails'';
and
(B) in subsections (a) and (d), by striking ``forest
development roads'' each place it appears and inserting
``National Forest System roads''.
(6) The analysis for chapter 2 of title 23, United States
Code, is amended by striking the item relating to section 205
and inserting the following:
``205. National Forest System roads and trails.''.
(7) Section 217(c) of title 23, United States Code, is
amended by inserting ``refuge roads,'' after ``Indian
reservation roads,''.
SEC. 1807. EMERGENCY RELIEF.
Section 125(c)(1) of title 23, United States Code, is
amended by striking ``$100,000,000'' and inserting
``$300,000,000''.
SEC. 1808. HIGHWAY BRIDGE PROGRAM.
(a) In General.--Section 144 of title 23, United States
Code, is amended--
(1) by striking the section heading and all that follows
through subsection (a) and inserting the following:
``Sec. 144. Highway bridge program
``(a) Congressional Statement.--Congress finds and declares
that it is in the vital interest of the United States that a
highway bridge program be established to enable States to
improve the condition of their bridges through replacement,
rehabilitation, and systematic preventative maintenance on
highway bridges over waterways, other topographical barriers,
other highways, or railroads at any time at which the States
and the Secretary determine that a bridge is unsafe because
of structural deficiencies, physical deterioration, or
functional obsolescence.'';
(2) by striking subsection (d) and inserting the following:
``(d) Participation in Program.--
``(1) In general.--On application by a State to the
Secretary for assistance in replacing or rehabilitating a
highway bridge that has been determined to be eligible for
replacement or rehabilitation under subsection (b) or (c),
the Secretary may approve Federal participation in--
``(A) replacing the bridge with a comparable bridge; or
``(B) rehabilitating the bridge.
``(2) Specific kinds of rehabilitation.--On application by
a State to the Secretary for assistance in painting, seismic
retrofit, or preventative maintenance of, or installation of
scour countermeasures or applying calcium magnesium acetate,
sodium acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and de-icing compositions to,
the structure of a highway bridge, the Secretary may approve
Federal participation in the painting, seismic retrofit, or
preventative maintenance of, or installation of scour
countermeasures or application of acetate or sodium acetate/
formate or such anti-icing or de-icing composition to, the
structure.
``(3) Eligibility.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall determine the eligibility of highway
bridges for replacement or rehabilitation for each State
based on the number of unsafe highway bridges in the State.
``(B) Preventative maintenance.--A State may carry out a
project for preventative maintenance on a bridge, seismic
retrofit of a bridge, or installation of scour
countermeasures to a bridge under this section without regard
to whether the bridge is eligible for replacement or
rehabilitation under this section.'';
(3) in subsection (e)--
(A) in the third sentence, by striking ``square footage''
and inserting ``area'';
(B) in the fourth sentence--
(i) by striking ``by the total cost of any highway bridges
constructed under subsection (m) in such State, relating to
replacement of destroyed bridges and ferryboat services,
and,''; and
(ii) by striking ``1997'' and inserting ``2003''; and
(C) in the seventh sentence, by striking ``the Federal-aid
primary system'' and inserting ``Federal-aid highways'';
(4) by striking subsections (f) and (g) and inserting the
following:
``(f) Set Asides.--
``(1) Discretionary bridge program.--
``(A) In general.--Of the amounts authorized to be
appropriated to carry out the bridge program under this
section for each of fiscal years 2004 through 2009, all but
$150,000,000 shall be apportioned as provided in subsection
(e).
``(B) Availability.--The $150,000,000 referred to in
subparagraph (A) shall be available at the discretion of the
Secretary, except that not to exceed $25,000,000 of that
amount shall be available only for projects for the seismic
retrofit of bridges.
``(C) Set asides.--For fiscal year 2004, the Secretary
shall provide--
``(i) $50,000,000 to the State of Nevada for construction
of a replacement of the federally-owned bridge over the
Hoover Dam in the Lake Mead National Recreation Area; and
``(ii) $50,000,000 to the State of Missouri for
construction of a structure over the Mississippi River to
connect the city of St. Louis, Missouri, to the State of
Illinois.
``(2) Off-system bridges.--
``(A) In general.--Not less than 15 percent of the amount
apportioned to each State in each of fiscal years 2004
through 2009 shall be expended for projects to replace,
rehabilitate, perform systematic preventative maintenance or
seismic retrofit, or apply calcium magnesium acetate, sodium
acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and de-icing compositions or
install scour countermeasures to highway bridges located on
public roads, other than those on a Federal-aid highway.
``(B) Reduction of expenditures.--The Secretary, after
consultation with State and local officials, may, with
respect to the State, reduce the requirement for expenditure
for bridges not on a Federal-aid highway if the Secretary
determines that the State has inadequate needs to justify the
expenditure.'';
(5) in subsection (i)--
(A) in paragraph (3), by striking ``and'';
(B) in paragraph (4), by striking the period at the end and
inserting ``; and'';
(C) by striking ``Such reports'' and all that follows
through ``to Congress.''; and
(D) by adding at the end the following:
``(5) biennially submit such reports as are required under
this subsection to the appropriate committees of Congress
simultaneously with the report required by section 502(g).'';
(6) in the first sentence of subsection (n), by striking
``all standards'' and inserting ``all general engineering
standards'';
(7) in subsection (o)--
(A) in paragraph (3)--
(i) by striking ``title (including this section)'' and
inserting ``section''; and
(ii) by inserting ``200 percent of'' after ``shall not
exceed''; and
(B) in paragraph (4)(B)--
(i) in the second sentence, by inserting ``200 percent of''
after ``not to exceed''; and
(ii) in the last sentence, by striking ``title'' and
inserting ``section'';
(8) by redesignating subsections (h) through (q) as
subsections (g) through (p), respectively; and
(9) by adding at the end the following:
``(q) Federal Share.--The Federal share of the cost of a
project payable from funds made available to carry out this
section shall be the share applicable under section 120(b),
as adjusted under subsection (d) of that section.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code, is amended by
striking the item relating to section 144 and inserting the
following:
``144. Highway bridge program.''.
SEC. 1809. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1702(a)), is
amended by adding at the end the following:
``Sec. 170. Appalachian development highway system
``(a) Apportionment.--
``(1) In general.--The Secretary shall apportion funds made
available under section 1101(a)(7) of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2003 for
fiscal years 2004 through 2009 among States based on the
latest available estimate of the cost to construct highways
and access roads for the Appalachian development highway
system program prepared by the Appalachian Regional
Commission under section 14501 of title 40.
``(2) Availability.--Funds described in paragraph (1) shall
be available to construct highways and access roads under
chapter 145 of title 40.
``(b) Applicability of Title.--Funds made available under
section 1101(a)(7) of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003 for the
Appalachian development highway system shall be available for
obligation in the same manner as if the funds were
apportioned under this chapter, except that--
``(1) the Federal share of the cost of any project under
this section shall be determined in accordance with subtitle
IV of title 40; and
``(2) the funds shall remain available until expended.''.
(b) Conforming Amendments.--
(1) Use of toll credits.--Section 120(j)(1) of title 23,
United States Code is amended by inserting ``and the
Appalachian development highway system program under subtitle
IV of title 40'' after ``(other than the emergency relief
program authorized by section 125''.
(2) Analysis.--The analysis of chapter 1 of title 23,
United States Code (as amended by section 1702(b)), is
amended by adding at the end the following:
``170. Appalachian development highway system.''.
SEC. 1810. MULTISTATE CORRIDOR PROGRAM.
(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by 1809(a)), is amended by
adding at the end the following:
``Sec. 171. Multistate corridor program
``(a) Establishment and Purpose.--The Secretary shall carry
out a program to--
``(1) support and encourage multistate transportation
planning and development; and
``(2) facilitate transportation decisionmaking and
coordinate project delivery involving multistate corridors.
``(b) Eligible Recipients.--A State transportation
department and a metropolitan planning organization may
receive and administer funds provided under this section.
``(c) Eligible Activities.--The Secretary shall make
allocations under this program for multistate highway and
multimodal planning studies and construction.
``(d) Other Provisions Regarding Eligibility.--
[[Page S490]]
``(1) Studies.--All studies funded under this program shall
be consistent with the continuing, cooperative, and
comprehensive planning processes required by sections 134 and
135.
``(2) Construction.--All construction funded under this
program shall be consistent with section 133(b)(1).
``(e) Selection Criteria.--The Secretary shall select
studies and projects to be carried out under the program
based on--
``(1) the existence and significance of signed and binding
multijurisdictional agreements;
``(2) endorsement of the study or project by applicable
elected State and local representatives;
``(3) prospects for early completion of the study or
project; or
``(4) whether the projects to be studied or constructed are
located on corridors identified by section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240; 105 Stat. 2032).
``(f) Program Priorities.--In administering the program,
the Secretary shall--
``(1) encourage and enable States and other jurisdictions
to work together to develop plans for multimodal and
multijurisdictional transportation decisionmaking; and
``(2) give priority to studies or projects that emphasize
multimodal planning, including planning for operational
improvements that--
``(A) increase--
``(i) mobility;
``(ii) freight productivity;
``(iii) access to marine or inland ports;
``(iv) safety and security; and
``(v) reliability; and
``(B) enhance the environment.
``(g) Federal Share.--The Federal share of the cost of a
study or project carried out under the program, using funds
from all Federal sources, shall be 80 percent.
``(h) Applicability.--Funds authorized to be appropriated
under section 1101(10) of the Safe, Accountable, Flexible,
and Efficient Transportation Equity Act of 2003 to carry out
this section shall be available for obligation in the same
manner as if the funds were apportioned under this
chapter.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1810(b)) is amended by adding at the end the
following:
``171. Multistate corridor program.''.
SEC. 1811. BORDER PLANNING, OPERATIONS, TECHNOLOGY, AND
CAPACITY PROGRAM.
(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1810(a)), is
amended by adding at the end the following:
``Sec. 172. Border planning, operations, technology, and
capacity program
``(a) Definitions.--In this section:
``(1) Border state.--The term `border State' means any of
the States of Alaska, Arizona, California, Idaho, Maine,
Michigan, Minnesota, Montana, New Hampshire, New Mexico, New
York, North Dakota, Texas, Vermont, and Washington.
``(2) Program.--The term `program' means the border
planning, operations, technology, and capacity program
established under subsection (b).
``(b) Establishment and Purpose.--The Secretary shall
establish and carry out a border planning, operations,
technology, and capacity improvement program to support
coordination and improvement in bi-national transportation
planning, operations, efficiency, information exchange,
safety, and security at the international borders of the
United States with Canada and Mexico.
``(c) Eligible Recipients.--State transportation
departments and metropolitan planning organizations at or
near an international land border in a border State may
receive and administer funds allocated under the program.
``(d) Eligible Activities.--
``(1) In general.--The Secretary shall make allocations
under the program for projects to carry out eligible
activities described in paragraph (2) at or near
international land borders in border States.
``(2) Eligible activities.--The eligible activities
referred to in paragraph (1) are--
``(A) highway and multimodal planning or environmental
studies;
``(B) cross-border port of entry and safety inspection
improvements, including operational enhancements and
technology applications;
``(C) technology and information exchange activities; and
``(D) right-of-way acquisition, design, and construction,
as needed--
``(i) to implement the enhancements or applications
described in subparagraphs (B) and (C);
``(ii) to decrease air pollution emissions from vehicles or
inspection facilities at border crossings; or
``(iii) to increase highway capacity at or near
international borders.
``(e) Other Provisions Regarding Eligibility.--
``(1) In general.--Each project funded under the program
shall be carried out in accordance with the continuing,
cooperative, and comprehensive planning processes required by
sections 134 and 135.
``(2) Regionally significant projects.--To be funded under
the program, a regionally significant project shall be
included on the applicable transportation plan and program
required by sections 134 and 135.
``(f) Selection Criteria.--The Secretary shall select
projects to be carried out under the program based on--
``(1) expected benefits, including air quality benefits, of
the project in relation to the cost of the project;
``(2) prospects for early completion of the project;
``(3) endorsement of the project by formally constituted
bi-national organizations with Federal and State or
provincial representation;
``(4) the existence and significance of signed and binding
multijurisdictional agreements;
``(5) contributions, in amounts at least equal to required
minimums, of--
``(A) Federal funds made available for other programs under
this title; and
``(B) Federal funds made available under a provision of law
other than this title; and
``(6) the extent to which the benefits of the project are
multimodal.
``(g) Program Priorities.--In administering the program,
the Secretary shall give priority to projects that
emphasize--
``(1) multimodal planning;
``(2) improvements in infrastructure; and
``(3) operational improvements that--
``(A) increase safety, security, freight capacity, or
highway access to rail, marine, and air services; and
``(B) enhance the environment.
``(h) Federal Share.--The Federal share of the cost of a
project carried out under the program shall be 80 percent.
``(i) Obligation.--Funds made available under section
1101(11) of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003 to carry out the program
shall be available for obligation in the same manner as if
the funds were apportioned under this chapter.
``(j) Information Exchange.--No individual project the
scope of work of which is limited to information exchange
shall receive an allocation under the program in an amount
that exceeds $500,000 for any fiscal year.
``(k) Projects in Canada or Mexico.--A project in Canada or
Mexico, proposed by a border State to directly and
predominantly facilitate cross-border vehicle and commercial
cargo movements at an international gateway or port of entry
into the border region of the State, may be constructed using
funds made available under the program if, before obligation
of those funds, Canada or Mexico, or the political
subdivision of Canada or Mexico that is responsible for the
operation of the facility to be constructed, provides
assurances satisfactory to the Secretary that any facility
constructed under this subsection will be--
``(1) constructed in accordance with standards equivalent
to applicable standards in the United States; and
``(2) properly maintained and used over the useful life of
the facility for the purpose for which the Secretary
allocated funds to the project.
``(l) Transfer of Funds to the General Services
Administration.--
``(1) State funds.--At the request of a border State, funds
made available under the program may be transferred to the
General Services Administration for the purpose of funding 1
or more specific projects if--
``(A) the Secretary determines, after consultation with the
State transportation department of the border State, that the
General Services Administration should carry out the project;
and
``(B) the General Services Administration agrees to accept
the transfer of, and to administer, those funds.
``(2) Non-federal share.--
``(A) In general.--A border State that makes a request
under paragraph (1) shall provide directly to the General
Services Administration, for each project covered by the
request, the non-Federal share of the cost of each project
described in subsection (h).
``(B) No augmentation of appropriations.--Funds provided by
a border State under subparagraph (A)--
``(i) shall not be considered to be an augmentation of the
appropriations made available to the General Services
Administration; and
``(ii) shall be--
``(I) administered in accordance with the procedures of the
General Services Administration; but
``(II) available for obligation in the same manner as if
the funds were apportioned under this chapter.
``(C) Obligation authority.--Obligation authority shall be
transferred to the General Services Administration in the
same manner and amount as the funds provided for projects
under subparagraph (A).
``(3) Direct transfer of authorized funds.--
``(A) In general.--In addition to allocations to States and
metropolitan planning organizations under subsection (c), the
Secretary may transfer funds made available to carry out this
section to the General Services Administration for
construction of transportation infrastructure projects at or
near the border in border States, if--
``(i) the Secretary determines that the transfer is
necessary to effectively carry out the purposes of this
program; and
``(ii) the General Services Administration agrees to accept
the transfer of, and to administer, those funds.
``(B) No augmentation of appropriations.--Funds transferred
by the Secretary under subparagraph (A)--
``(i) shall not be considered to be an augmentation of the
appropriations made available to the General Services
Administration; and
``(ii) shall be--
``(I) administered in accordance with the procedures of the
General Services Administration; but
``(II) available for obligation in the same manner as if
the funds were apportioned under this chapter.
``(C) Obligation authority.--Obligation authority shall be
transferred to the General Services Administration in the
same manner and amount as the funds transferred under
subparagraph (A).
[[Page S491]]
``(D) Nonapplicability of certain provision.--Section 120
shall not apply to the transfer of funds under this
paragraph.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1810(b)), is amended by adding at the end the
following:
``172. Border planning, operations, and technology program.''.
SEC. 1812. PUERTO RICO HIGHWAY PROGRAM.
(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1811(a)), is
amended by adding at the end the following:
``Sec. 173. Puerto Rico highway program
``(a) In General.--The Secretary shall allocate funds
authorized by section 1101(a)(15) of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2003 for
each of fiscal years 2004 through 2009 to the Commonwealth of
Puerto Rico to carry out a highway program in the
Commonwealth.
``(b) Applicability of Title.--
``(1) In general.--Amounts made available by section
1101(a)(15) of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003 shall be available for
obligation in the same manner as if such funds were
apportioned under this chapter.
``(2) Limitation on obligations.--The amounts shall be
subject to any limitation on obligations for Federal-aid
highway and highway safety construction programs.
``(c) Treatment of Funds.--Amounts made available to carry
out this section for a fiscal year shall be administered as
follows:
``(1) Apportionment.--For purposes of this section, the
amounts shall be treated as being apportioned to Puerto Rico
under sections 104(b), 144, and 206, for each program funded
under those sections in an amount determined by multiplying--
``(A) the aggregate of the amounts for the fiscal year; by
``(B) the ratio that--
``(i) the amount of funds apportioned to Puerto Rico for
each such program for fiscal year 2003; bears to
``(ii) the total amount of funds apportioned to Puerto Rico
for all such programs for fiscal year 2003.
``(2) Penalty.--The amounts treated as being apportioned to
Puerto Rico under each section referred to in paragraph (1)
shall be deemed to be required to be apportioned to Puerto
Rico under that section for purposes of the imposition of any
penalty under this title and title 49.
``(3) Effect on allocations and apportionments.--Subject to
paragraph (2), nothing in this section affects any allocation
under section 105 and any apportionment under sections 104
and 144.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1811(b)), is amended by adding at the end the
following:
``173. Puerto Rico highway program.''.
SEC. 1813. NATIONAL HISTORIC COVERED BRIDGE PRESERVATION.
(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1812(a)), is
amended by adding at the end the following:
``Sec. 174. National historic covered bridge preservation
``(a) Definition of Historic Covered Bridge.--In this
section, the term `historic covered bridge' means a covered
bridge that is listed or eligible for listing on the National
Register of Historic Places.
``(b) Historic Covered Bridge Preservation.--Subject to the
availability of appropriations, the Secretary shall--
``(1) collect and disseminate information on historic
covered bridges;
``(2) conduct educational programs relating to the history
and construction techniques of historic covered bridges;
``(3) conduct research on the history of historic covered
bridges; and
``(4) conduct research on, and study techniques for,
protecting historic covered bridges from rot, fire, natural
disasters, or weight-related damage.
``(c) Grants.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall make a grant to a State
that submits an application to the Secretary that
demonstrates a need for assistance in carrying out 1 or more
historic covered bridge projects described in paragraph (2).
``(2) Eligible projects.--A grant under paragraph (1) may
be made for a project--
``(A) to rehabilitate or repair a historic covered bridge;
or
``(B) to preserve a historic covered bridge, including
through--
``(i) installation of a fire protection system, including a
fireproofing or fire detection system and sprinklers;
``(ii) installation of a system to prevent vandalism and
arson; or
``(iii) relocation of a bridge to a preservation site.
``(3) Authenticity requirements.--A grant under paragraph
(1) may be made for a project only if--
``(A) to the maximum extent practicable, the project--
``(i) is carried out in the most historically appropriate
manner; and
``(ii) preserves the existing structure of the historic
covered bridge; and
``(B) the project provides for the replacement of wooden
components with wooden components, unless the use of wood is
impracticable for safety reasons.
``(4) Federal share.--The Federal share of the cost of a
project carried out with a grant under this subsection shall
be 80 percent.
``(d) Funding.--There is authorized to be appropriated to
carry out this section $14,000,000 for each of fiscal years
2004 through 2009, to remain available until expended.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1812(b)), is amended by adding at the end the
following:
``174. National historic covered bridge preservation.''.
SEC. 1814. TRANSPORTATION AND COMMUNITY AND SYSTEM
PRESERVATION PILOT PROGRAM.
(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1813(a)), is
amended by adding at the end the following:
``Sec. 175. Transportation and community and system
preservation pilot program
``(a) Establishment.--The Secretary shall establish a
comprehensive program to facilitate the planning,
development, and implementation of strategies by States,
metropolitan planning organizations, federally-recognized
Indian tribes, and local governments to integrate
transportation, community, and system preservation plans and
practices that address the goals described in subsection (b).
``(b) Goals.--The goals of the program are--
``(1) to improve the efficiency of the transportation
system in the United States;
``(2) to reduce the impacts of transportation on the
environment;
``(3) reduce the need for costly future investments in
public infrastructure;
``(4) to provide efficient access to jobs, services, and
centers of trade; and
``(5) to examine development patterns, and to identify
strategies, to encourage private sector development patterns
that achieve the goals identified in paragraphs (1) through
(4).
``(c) Allocation of Funds for Implementation.--
``(1) In general.--The Secretary shall allocate funds made
available to carry out this subsection to States,
metropolitan planning organizations, and local governments to
carry out projects to address transportation efficiency and
community and system preservation.
``(2) Criteria.--In allocating funds made available to
carry out this subsection, the Secretary shall give priority
to applicants that--
``(A) have instituted preservation or development plans and
programs that--
``(i) meet the requirements of this title and chapter 53 of
title 49, United States Code; and
``(ii)(I) are coordinated with State and local adopted
preservation or development plans;
``(II) are intended to promote cost-effective and strategic
investments in transportation infrastructure that minimize
adverse impacts on the environment; or
``(III) are intended to promote innovative private sector
strategies.
``(B) have instituted other policies to integrate
transportation and community and system preservation
practices, such as--
``(i) spending policies that direct funds to high-growth
areas;
``(ii) urban growth boundaries to guide metropolitan
expansion;
``(iii) `green corridors' programs that provide access to
major highway corridors for areas targeted for efficient and
compact development; or
``(iv) other similar programs or policies as determined by
the Secretary;
``(C) have preservation or development policies that
include a mechanism for reducing potential impacts of
transportation activities on the environment;
``(D) examine ways to encourage private sector investments
that address the purposes of this section; and
``(E) propose projects for funding that address the
purposes described in subsection (b)(2).
``(3) Equitable distribution.--In allocating funds to carry
out this subsection, the Secretary shall ensure the equitable
distribution of funds to a diversity of populations and
geographic regions.
``(4) Use of allocated funds.--
``(A) In general.--An allocation of funds made available to
carry out this subsection shall be used by the recipient to
implement the projects proposed in the application to the
Secretary.
``(B) Types of projects.--The allocation of funds shall be
available for obligation for--
``(i) any project eligible for funding under this title or
chapter 53 of title 49, United States Code; or
``(ii) any other activity relating to transportation and
community and system preservation that the Secretary
determines to be appropriate, including corridor preservation
activities that are necessary to implement--
``(I) transit-oriented development plans;
``(II) traffic calming measures; or
``(III) other coordinated transportation and community and
system preservation practices.
``(d) Funding.--
``(1) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $50,000,000 for each of
fiscal years 2004 through 2009.
``(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under this
chapter.''.
(b) Eligible Projects.--Section 133(b) of title 23, United
States Code (as amended by section 1701(a)), is amended by
adding at the end the following:
``(18) Transportation and community system preservation to
facilitate the planning, development, and implementation of
strategies of metropolitan planning organizations and local
governments to integrate transportation, community, and
system preservation plans and practices that address the
following:
``(A) Improvement of the efficiency of the transportation
system in the United States.
[[Page S492]]
``(B) Reduction of the impacts of transportation on the
environment.
``(C) Reduction of the need for costly future investments
in public infrastructure.
``(D) Provision of efficient access to jobs, services, and
centers of trade.
``(E) Examination of development patterns, and
identification of strategies to encourage private sector
development patterns, that achieve the goals identified in
subparagraphs (A) through (D).
``(19) Projects relating to intersections, including
intersections--
``(A) that--
``(i) have disproportionately high accident rates;
``(ii) have high levels of congestion, as evidenced by--
``(I) interrupted traffic flow at the intersection; and
``(II) a level of service rating, issued by the
Transportation Research Board of the National Academy of
Sciences in accordance with the Highway Capacity Manual, that
is not better than `F' during peak travel hours; and
``(iii) are directly connected to or located on a Federal-
aid highway; and
``(B) improvements that are approved in the regional plan
of the appropriate local metropolitan planning
organization.''.
(c) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1813(b)), is amended by adding at the end the
following:
``175. Transportation and community and system preservation pilot
program.''.
SEC. 1815. TRIBAL-STATE ROAD MAINTENANCE AGREEMENTS.
Section 204 of title 23, United States Code (as amended by
section 1806(f)(4)), is amended by adding at the end the
following:
``(n) Tribal-State Road Maintenance Agreements.--
``(1) In general.--Notwithstanding any other provision of
law, regulation, policy, or guideline, an Indian tribe and a
State may enter into a road maintenance agreement under which
an Indian tribe assumes the responsibilities of the State
for--
``(A) Indian reservation roads; and
``(B) roads providing access to Indian reservation roads.
``(2) Tribal-state agreements.--Agreements entered into
under paragraph (1)--
``(A) shall be negotiated between the State and the Indian
tribe; and
``(B) shall not require the approval of the Secretary.
``(3) Annual report.--Effective beginning with fiscal year
2004, the Secretary shall prepare and submit to Congress an
annual report that identifies--
``(A) the Indian tribes and States that have entered into
agreements under paragraph (1);
``(B) the number of miles of roads for which Indian tribes
have assumed maintenance responsibilities; and
``(C) the amount of funding transferred to Indian tribes
for the fiscal year under agreements entered into under
paragraph (1).''.
SEC. 1816. FOREST HIGHWAYS.
Section 204 of title 23, United States Code (as amended by
section 1815), is amended by adding at the end the following:
``(o) Forest Highways.--Of the amounts made available for
forest highways, $15,000,000 for each fiscal year shall be
used to repair culverts and bridges on forest highways to--
``(1) facilitate appropriate fish passage and ensure
reasonable flows; and
``(2) maintain and remove such culverts and bridges as
appropriate.''.
SEC. 1817. TERRITORIAL HIGHWAY PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code,
is amended by striking section 215 and inserting the
following:
``Sec. 215. Territorial highway program
``(a) Definitions.--In this section:
``(1) Program.--The term `program' means the territorial
highway program established under subsection (b).
``(2) Territory.--The term `territory' means the any of the
following territories of the United States:
``(A) American Samoa.
``(B) The Commonwealth of the Northern Mariana Islands.
``(C) Guam.
``(D) The United States Virgin Islands.
``(b) Program.--
``(1) In general.--Recognizing the mutual benefits that
will accrue to the territories and the United States from the
improvement of highways in the territories, the Secretary may
carry out a program to assist each territorial government in
the construction and improvement of a system of arterial and
collector highways, and necessary inter-island connectors,
that is--
``(A) designated by the Governor or chief executive officer
of each territory; and
``(B) approved by the Secretary.
``(2) Federal assistance.--The Secretary shall provide
Federal financial assistance to territories under this
section in accordance with section 120(h).
``(c) Technical Assistance.--
``(1) In general.--To continue a long-range highway
development program, the Secretary may provide technical
assistance to the governments of the territories to enable
the territories to, on a continuing basis--
``(A) engage in highway planning;
``(B) conduct environmental evaluations;
``(C) administer right-of-way acquisition and relocation
assistance programs; and
``(D) design, construct, operate, and maintain a system of
arterial and collector highways, including necessary inter-
island connectors.
``(2) Form and terms of assistance.--Technical assistance
provided under paragraph (1), and the terms for the sharing
of information among territories receiving the technical
assistance, shall be included in the agreement required by
subsection (e).
``(d) Nonapplicability of Certain Provisions.--
``(1) In general.--Except to the extent that provisions of
chapter 1 are determined by the Secretary to be inconsistent
with the needs of the territories and the intent of the
program, chapter 1 (other than provisions of chapter 1
relating to the apportionment and allocation of funds) shall
apply to funds authorized to be appropriated for the program.
``(2) Applicable provisions.--The specific sections of
chapter 1 that are applicable to each territory, and the
extent of the applicability of those section, shall be
identified in the agreement required by subsection (e).
``(e) Agreement.--
``(1) In general.--Except as provided in paragraph (3),
none of the funds made available for the program shall be
available for obligation or expenditure with respect to any
territory until the Governor or chief executive officer of
the territory enters into a new agreement with the Secretary
(which new agreement shall be entered into not later than 1
year after the date of enactment of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2003),
providing that the government of the territory shall--
``(A) implement the program in accordance with applicable
provisions of chapter 1 and subsection (d);
``(B) design and construct a system of arterial and
collector highways, including necessary inter-island
connectors, in accordance with standards that are--
``(i) appropriate for each territory; and
``(ii) approved by the Secretary;
``(C) provide for the maintenance of facilities constructed
or operated under this section in a condition to adequately
serve the needs of present and future traffic; and
``(D) implement standards for traffic operations and
uniform traffic control devices that are approved by the
Secretary.
``(2) Technical assistance.--The new agreement required by
paragraph (1) shall--
``(A) specify the kind of technical assistance to be
provided under the program;
``(B) include appropriate provisions regarding information
sharing among the territories; and
``(C) delineate the oversight role and responsibilities of
the territories and the Secretary.
``(3) Review and revision of agreement.--The new agreement
entered into under paragraph (1) shall be reevaluated and, as
necessary, revised, at least every 2 years.
``(4) Existing agreements.--With respect to an agreement
between the Secretary and the Governor or chief executive
officer of a territory that is in effect as of the date of
enactment of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003--
``(A) the agreement shall continue in force until replaced
by a new agreement in accordance with paragraph (1); and
``(B) amounts made available for the program under the
agreement shall be available for obligation or expenditure so
long as the agreement, or a new agreement under paragraph
(1), is in effect.
``(f) Permissible Uses of Funds.--
``(1) In general.--Funds made available for the program may
be used only for the following projects and activities
carried out in a territory:
``(A) Eligible surface transportation program projects
described in section 133(b).
``(B) Cost-effective, preventive maintenance consistent
with section 116.
``(C) Ferry boats, terminal facilities, and approaches, in
accordance with subsections (b) and (c) of section 129.
``(D) Engineering and economic surveys and investigations
for the planning, and the financing, of future highway
programs.
``(E) Studies of the economy, safety, and convenience of
highway use.
``(F) The regulation and equitable taxation of highway use.
``(G) Such research and development as are necessary in
connection with the planning, design, and maintenance of the
highway system.
``(2) Prohibition on use of funds for routine
maintenance.--None of the funds made available for the
program shall be obligated or expended for routine
maintenance.
``(g) Location of Projects.--Territorial highway projects
(other than those described in paragraphs (1), (3), and (4)
of section 133(b)) may not be undertaken on roads
functionally classified as local.''.
(b) Conforming Amendments.--
(1) Eligible projects.--Section 103(b)(6) of title 23,
United States Code, is amended by striking subparagraph (P)
and inserting the following:
``(P) Projects eligible for assistance under the
territorial highway program under section 215.''.
(2) Funding.--Section 104(b)(1)(A) of title 23, United
States Code, is amended by striking ``to the Virgin Islands,
Guam, American Samoa, and the Commonwealth of Northern
Mariana Islands'' and inserting ``for the territorial highway
program authorized under section 215''.
(3) Analysis.--The analysis for chapter 2 of title 23,
United States Code, is amended by striking the item relating
to section 215 and inserting the following:
``215. Territorial highway program.''.
SEC. 1818. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY
DEPLOYMENT PROGRAM.
Section 322 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) by striking ``Not later than'' and inserting the
following:
``(1) Initial solicitation.--Not later than''; and
(B) by adding at the end the following:
``(2) Additional solicitation.--Not later than 1 year after
the date of enactment of this
[[Page S493]]
paragraph, the Secretary may solicit additional applications
from States, or authorities designated by 1 or more States,
for financial assistance authorized by subsection (b) for
planning, design, and construction of eligible MAGLEV
projects.'';
(2) in subsection (e), by striking ``Prior to soliciting
applications, the Secretary'' and inserting ``The
Secretary'';
(3) in subsection (h)--
(A) in subparagraph (A), by striking clause (i) and
inserting the following:
``(i) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $15,000,000 for each of
fiscal years 2004 through 2009.''; and
(B) in subparagraph (B), by striking clause (i) and
inserting the following:
``(i) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section--
``(I) $375,000,000 for fiscal year 2004;
``(II) $400,000,000 for fiscal year 2005;
``(III) $415,000,000 for fiscal year 2006;
``(IV) $425,000,000 for fiscal year 2007;
``(V) $435,000,000 for fiscal year 2008; and
``(VI) $450,000,000 for fiscal year 2009.''; and
(4) by striking subsection (i).
SEC. 1819. DONATIONS AND CREDITS.
Section 323 of title 23, United States Code, is amended--
(1) in the first sentence of subsection (c), by inserting
``, or a local government from offering to donate funds,
materials, or services performed by local government
employees,'' after ``services''; and
(2) striking subsection (e).
SEC. 1820. DISADVANTAGED BUSINESS ENTERPRISES.
(a) General Rule.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
made available for any program under titles I, III, and V of
this Act shall be expended with small business concerns owned
and controlled by socially and economically disadvantaged
individuals.
(b) Definitions.--In this section:
(1) Small business concern.--
(A) In general.--The term ``small business concern'' has
the meaning given the term under section 3 of the Small
Business Act (15 U.S.C. 632).
(B) Exclusion.--The term ``small business concern'' does
not include any concern or group of concerns controlled by
the same socially and economically disadvantaged individual
or individuals that has average annual gross receipts over
the preceding 3 fiscal years in excess of $17,420,000, as
adjusted by the Secretary for inflation.
(2) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning given the term under section
8(d) of the Small Business Act (15 U.S.C. 637(d)) and
relevant subcontracting regulations promulgated under that
section, except that women shall be presumed to be socially
and economically disadvantaged individuals for the purposes
of this section.
(c) Annual Listing of Disadvantaged Business Enterprises.--
Each State shall annually survey and compile a list of the
small business concerns referred to in subsection (a) and the
location of such concerns in the State and notify the
Secretary, in writing, of the percentage of such concerns
which are controlled by women, by socially and economically
disadvantaged individuals (other than women), and by
individuals who are women and are otherwise socially and
economically disadvantaged individuals.
(d) Uniform Certification.--The Secretary shall establish
minimum uniform criteria for State governments to use in
certifying whether a concern qualifies for purposes of this
subsection. Such minimum uniform criteria shall include on-
site visits, personal interviews, licenses, analysis of stock
ownership, listing of equipment, analysis of bonding
capacity, listing of work completed, resume of principal
owners, financial capacity, and type of work preferred.
(e) Compliance With Court Orders.--Nothing in this section
limits the eligibility of an entity or person to receive
funds made available under titles I, III, and V of this Act,
if the entity or person is prevented, in whole or in part,
from complying with subsection (a) because a Federal court
issues a final order in which the court finds that the
requirement of subsection (a), or the program established
under subsection (a), is unconstitutional.
Subtitle I--Technical Corrections
SEC. 1901. REPEAL OR UPDATE OF OBSOLETE TEXT.
(a) Letting of Contracts.--Section 112 of title 23, United
States Code, is amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
(b) Fringe and Corridor Parking Facilities.--Section 137(a)
of title 23, United States Code, is amended in the first
sentence by striking ``on the Federal-aid urban system'' and
inserting ``on a Federal-aid highway''.
SEC. 1902. CLARIFICATION OF DATE.
Section 109(g) of title 23, United States Code, is amended
in the first sentence by striking ``The Secretary'' and all
that follows through ``of 1970'' and inserting ``Not later
than January 30, 1971, the Secretary shall issue''.
SEC. 1903. INCLUSION OF REQUIREMENTS FOR SIGNS IDENTIFYING
FUNDING SOURCES IN TITLE 23.
(a) In General.--Section 154 of the Federal-Aid Highway Act
of 1987 (23 U.S.C. 101 note; 101 Stat. 209) is--
(1) transferred to title 23, United States Code;
(2) redesignated as section 321;
(3) moved to appear after section 320 of that title; and
(4) amended by striking the section heading and inserting
the following:
``Sec. 321. Signs identifying funding sources''.
(b) Conforming Amendment.--The analysis for chapter 3 of
title 23, United States Code, is amended by inserting after
the item relating to section 320 the following:
``321. Signs identifying funding sources.''.
SEC. 1904. INCLUSION OF BUY AMERICA REQUIREMENTS IN TITLE 23.
(a) In General.--Section 165 of the Highway Improvement Act
of 1982 (23 U.S.C. 101 note; 96 Stat. 2136) is--
(1) transferred to title 23, United States Code;
(2) redesignated as section 313;
(3) moved to appear after section 312 of that title; and
(4) amended by striking the section heading and inserting
the following:
``Sec. 313. Buy America''.
(b) Conforming Amendments.--
(1) The analysis for chapter 3 of title 23, United States
Code, is amended by inserting after the item relating to
section 312 the following:
``313. Buy America.''.
(2) Section 313 of title 23, United States Code (as added
by subsection (a)), is amended--
(A) in subsection (a), by striking ``by this Act'' the
first place it appears and all that follows through ``of
1978'' and inserting ``to carry out the Surface
Transportation Assistance Act of 1982 (96 Stat. 2097) or this
title'';
(B) in subsection (b), by redesignating paragraph (4) as
paragraph (3);
(C) in subsection (d), by striking ``this Act,'' and all
that follows through ``Code, which'' and inserting ``the
Surface Transportation Assistance Act of 1982 (96 Stat. 2097)
or this title that'';
(D) by striking subsection (e); and
(E) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
SEC. 1905. TECHNICAL AMENDMENTS TO NONDISCRIMINATION SECTION.
Section 140 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``subsection (a) of
section 105 of this title'' and inserting ``section 135'';
(B) in the second sentence, by striking ``He'' and
inserting ``The Secretary'';
(C) in the third sentence, by striking ``where he considers
it necessary to assure'' and inserting ``if necessary to
ensure''; and
(D) in the last sentence--
(i) by striking ``him'' and inserting ``the Secretary'' and
(ii) by striking ``he'' and inserting ``the Secretary'';
(2) in subsection (b)--
(A) in the first sentence, by striking ``highway
construction'' and inserting ``surface transportation''; and
(B) in the second sentence--
(i) by striking ``as he may deem necessary'' and inserting
``as necessary''; and
(ii) by striking ``not to exceed $2,500,000 for the
transition quarter ending September 30, 1976, and'';
(3) in the second sentence of subsection (c)--
(A) by striking ``subsection 104(b)(3) of this title'' and
inserting ``section 104(b)(3)''; and
(B) by striking ``he may deem''; and
(4) in the heading of subsection (d), by striking ``and
contracting''.
TITLE II--TRANSPORTATION RESEARCH
Subtitle A--Funding
SEC. 2001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Surface transportation research.--
(A) In general.--For carrying out sections 502, 503, 506,
507, 508, and 511 of title 23, United States Code--
(i) $211,000,000 for each of fiscal years 2004 and 2005;
(ii) $215,000,000 for fiscal year 2006;
(iii) $218,000,000 for fiscal year 2007;
(iv) $220,000,000 for fiscal year 2008; and
(v) $223,000,000 for fiscal year 2009.
(B) Surface transportation-environmental cooperative
research program.--For each of fiscal years 2004 through
2009, the Secretary shall set aside $20,000,000 of the funds
apportioned under subparagraph (A) to carry out the surface
transportation-environmental cooperative research program.
(2) Training and education.--For carrying out section 504
of title 23, United States Code--
(A) $27,000,000 for fiscal year 2004;
(B) $28,000,000 for fiscal year 2005;
(C) $29,000,000 for fiscal year 2006;
(D) $30,000,000 for fiscal year 2007;
(E) $31,000,000 for fiscal year 2008; and
(F) $32,000,000 for fiscal year 2009.
(3) Bureau of transportation statistics.--For the Bureau of
Transportation Statistics to carry out section 111 of title
49, United States Code, $28,000,000 for each of fiscal years
2004 through 2009.
(4) ITS standards, research, operational tests, and
development.--For carrying out sections 524, 525, 526, 527,
528, and 529 of title 23, United States Code--
(A) $120,000,000 for fiscal year 2004;
(B) $123,000,000 for fiscal year 2005;
(C) $126,000,000 for fiscal year 2006;
(D) $129,000,000 for fiscal year 2007;
(E) $132,000,000 for fiscal year 2008; and
(F) $135,000,000 for fiscal year 2009.
(5) University transportation centers.--For carrying out
section 510 of title 23, United States Code--
[[Page S494]]
(A) $40,000,000 for fiscal year 2004; and
(B) $45,000,000 for each of fiscal years 2005 through 2009.
(b) Applicability of Title 23, United States Code.--Funds
authorized to be appropriated by subsection (a)--
(1) shall be available for obligation in the same manner as
if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of a project or activity carried out using the funds shall be
the share applicable under section 120(b) of title 23, United
States Code, as adjusted under subsection (d) of that section
(unless otherwise specified or otherwise determined by the
Secretary); and
(2) shall remain available until expended.
(c) Allocations.--
(1) Surface transportation research.--Of the amounts made
available under subsection (a)(1)--
(A) $27,000,000 for each of fiscal years 2004 through 2009
shall be available to carry out advanced, high-risk, long-
term research under section 502(d) of title 23, United States
Code; and
(B) $18,000,000 for fiscal years 2004 and 2005, $17,000,000
for fiscal year 2006, $15,000,000 for fiscal year 2007,
$12,000,000 for fiscal year 2008, and $10,00,000 for fiscal
year 2009 shall be available to carry out the long-term
pavement performance program under section 502(e) of that
title.
(2) Technology application program.--Of the amounts made
available under subsection (a)(1), $60,000,000 for each of
fiscal years 2004 through 2009 shall be available to carry
out section 503 of title 23, United States Code.
(3) Training and education.--Of the amounts made available
under subsection (a)(2)--
(A) $12,000,000 for fiscal year 2004, $12,500,000 for
fiscal year 2005, $13,000,000 for fiscal year 2006,
$13,500,000 for fiscal year 2007, $14,000,000 for fiscal year
2008, and $14,500,000 for fiscal year 2009 shall be available
to carry out section 504(a) of title 23, United States Code
(relating to the National Highway Institute);
(B) $12,000,000 for fiscal year 2004, $12,500,000 for
fiscal year 2005, $13,000,000 for fiscal year 2006,
$13,500,000 for fiscal year 2007, $14,000,000 for fiscal year
2008, and $14,500,000 for fiscal year 2009 shall be available
to carry out section 504(b) of that title (relating to local
technical assistance); and
(C) $3,000,000 for each of fiscal years 2004 through 2009
shall be available to carry out section 504(c)(2) of that
title (relating to the Eisenhower Transportation Fellowship
Program).
(4) International highway transportation outreach
program.--Of the amounts made available under subsection
(a)(1), $500,000 for each of fiscal years 2004 through 2009
shall be available to carry out section 506 of title 23,
United States Code.
(5) New strategic highway research program.--For each of
fiscal years 2004 through 2009, to carry out section 509 of
title 23, United States Code, the Secretary shall set aside--
(A) $15,000,000 of the amounts made available to carry out
the interstate maintenance program under section 119 of title
23, United States Code, for the fiscal year;
(B) $19,000,000 of the amounts made available for the
National Highway System under section 101 of title 23, United
States Code, for the fiscal year;
(C) $13,000,000 of the amounts made available to carry out
the bridge program under section 144 of title 23, United
States Code, for the fiscal year;
(D) $20,000,000 of the amounts made available to carry out
the surface transportation program under section 133 of title
23, United States Code, for the fiscal year;
(E) $5,000,000 of the amounts made available to carry out
the congestion mitigation and air quality improvement program
under section 149 of title 23, United States Code, for the
fiscal year; and
(F) $3,000,000 of the amounts made available to carry out
the highway safety improvement program under section 148 of
title 23, United States Code, for the fiscal year.
(6) Commercial vehicle intelligent transportation system
infrastructure program.--Of the amounts made available under
subsection (a)(4), not less than $30,000,000 for each of
fiscal years 2004 through 2009 shall be available to carry
out section 527 of title 23, United States Code.
(d) Transfers of Funds.--The Secretary may transfer--
(1) to an amount made available under paragraphs (1), (2),
or (4) of subsection (c), not to exceed 10 percent of the
amount allocated for a fiscal year under any other of those
paragraphs; and
(2) to an amount made available under subparagraphs (A),
(B), or (C) of subsection (c)(3), not to exceed 10 percent of
the amount allocated for a fiscal year under any other of
those subparagraphs.
SEC. 2002. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total of
all obligations from amounts made available from the Highway
Trust Fund (other than the Mass Transit Account) by section
2001(a) shall not exceed--
(1) $496,000,000 for fiscal year 2004;
(2) $510,000,000 for fiscal year 2005;
(3) $518,000,000 for fiscal year 2006;
(4) $525,000,000 for fiscal year 2007;
(5) $531,000,000 for fiscal year 2008; and
(6) $538,000,000 for fiscal year 2009.
SEC. 2003. NOTICE.
(a) Notice of Reprogramming.--If any funds authorized for
carrying out this title or the amendments made by this title
are subject to a reprogramming action that requires notice to
be provided to the Committee on Appropriations of the House
of Representatives and the Committee on Appropriations of the
Senate, notice of that action shall be concurrently provided
to the Committee on Transportation and Infrastructure and the
Committee on Science of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
(b) Notice of Reorganization.--On or before the 15th day
preceding the date of any major reorganization of a program,
project, or activity of the Department of Transportation for
which funds are authorized by this title or the amendments
made by this title, the Secretary shall provide notice of the
reorganization to the Committee on Transportation and
Infrastructure and the Committee on Science of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
Subtitle B--Research and Technology
SEC. 2101. RESEARCH AND TECHNOLOGY PROGRAM.
(a) In General.--Chapter 5 of title 23, United States Code,
is amended to read as follows:
``CHAPTER 5--RESEARCH AND TECHNOLOGY
``Subchapter I--Surface Transportation
``Sec.
``501. Definitions.
``502. Surface transportation research.
``503. Technology application program.
``504. Training and education.
``505. State planning and research.
``506. International highway transportation outreach program.
``507. Surface transportation-environment cooperative research program.
``508. Surface transportation research technology deployment and
strategic planning.
``509. New strategic highway research program.
``510. University transportation centers.
``SUBCHAPTER II--INTELLIGENT TRANSPORTATION SYSTEM RESEARCH AND
TECHNICAL ASSISTANCE PROGRAM
``521. Finding.
``522. Goals and purposes.
``523. Definitions.
``524. General authorities and requirements.
``525. National ITS Program Plan.
``526. National ITS architecture and standards.
``527. Commercial vehicle intelligent transportation system
infrastructure program.
``528. Research and development.
``529. Use of funds.
``SUBCHAPTER I--SURFACE TRANSPORTATION
``Sec. 501. Definitions
``In this subchapter:
``(1) Federal laboratory.--The term `Federal laboratory'
includes--
``(A) a Government-owned, Government-operated laboratory;
and
``(B) a Government-owned, contractor-operated laboratory.
``(2) Safety.--The term `safety' includes highway and
traffic safety systems, research, and development relating
to--
``(A) vehicle, highway, driver, passenger, bicyclist, and
pedestrian characteristics;
``(B) accident investigations;
``(C) communications;
``(D) emergency medical care; and
``(E) transportation of the injured.
``Sec. 502. Surface transportation research
``(a) In General.--
``(1) Research, development, and technology transfer
activities.--The Secretary may carry out research,
development, and technology transfer activities with respect
to--
``(A) all phases of transportation planning and development
(including new technologies, construction, transportation
systems management and operations development, design,
maintenance, safety, security, financing, data collection and
analysis, demand forecasting, multimodal assessment, and
traffic conditions); and
``(B) the effect of State laws on the activities described
in subparagraph (A).
``(2) Tests and development.--The Secretary may test,
develop, or assist in testing and developing, any material,
invention, patented article, or process.
``(3) Cooperation, grants, and contracts.--
``(A) In general.--The Secretary may carry out this
section--
``(i) independently;
``(ii) in cooperation with--
``(I) any other Federal agency or instrumentality; and
``(II) any Federal laboratory; or
``(iii) by making grants to, or entering into contracts,
cooperative agreements, and other transactions with--
``(I) the National Academy of Sciences;
``(II) the American Association of State Highway and
Transportation Officials;
``(III) planning organizations;
``(IV) a Federal laboratory;
``(V) a State agency;
``(VI) an authority, association, institution, or
organization;
``(VII) a for-profit or nonprofit corporation;
``(VIII) a foreign country; or
``(IX) any other person.
``(B) Competition; review.--All parties entering into
contracts, cooperative agreements or other transactions with
the Secretary, or receiving grants, to perform research or
provide technical assistance under this section shall be
selected, to the maximum extent practicable--
``(i) on a competitive basis; and
``(ii) on the basis of the results of peer review of
proposals submitted to the Secretary.
``(4) Technological innovation.--The programs and
activities carried out under this section shall be consistent
with the surface transportation research and technology
development strategic plan developed under section 508(c).
``(5) Funds.--
[[Page S495]]
``(A) Special account.--In addition to other funds made
available to carry out this section, the Secretary shall use
such funds as may be deposited by any cooperating
organization or person in a special account of the Treasury
established for this purpose.
``(B) Use of funds.--The Secretary shall use funds made
available to carry out this section to develop, administer,
communicate, and promote the use of products of research,
development, and technology transfer programs under this
section.
``(b) Collaborative Research and Development.--
``(1) In general.--To encourage innovative solutions to
surface transportation problems and stimulate the deployment
of new technology, the Secretary may carry out, on a cost-
shared basis, collaborative research and development with--
``(A) non-Federal entities (including State and local
governments, foreign governments, colleges and universities,
corporations, institutions, partnerships, sole
proprietorships, and trade associations that are incorporated
or established under the laws of any State); and
``(B) Federal laboratories.
``(2) Agreements.--In carrying out this subsection, the
Secretary may enter into cooperative research and development
agreements (as defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a)).
``(3) Federal share.--
``(A) In general.--The Federal share of the cost of
activities carried out under a cooperative research and
development agreement entered into under this subsection
shall not exceed 50 percent, except that if there is
substantial public interest or benefit, the Secretary may
approve a greater Federal share.
``(B) Non-federal share.--All costs directly incurred by
the non-Federal partners, including personnel, travel, and
hardware development costs, shall be credited toward the non-
Federal share of the cost of the activities described in
subparagraph (A).
``(4) Use of technology.--The research, development, or use
of a technology under a cooperative research and development
agreement entered into under this subsection, including the
terms under which the technology may be licensed and the
resulting royalties may be distributed, shall be subject to
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.).
``(5) Waiver of advertising requirements.--Section 3709 of
the Revised Statutes (41 U.S.C. 5) shall not apply to a
contract or agreement entered into under this chapter.
``(c) Contents of Research Program.--The Secretary shall
include as priority areas of effort within the surface
transportation research program--
``(1) the development of new technologies and methods in
materials, pavements, structures, design, and construction,
with the objectives of--
``(A)(i) increasing to 50 years the expected life of
pavements;
``(ii) increasing to 100 years the expected life of
bridges; and
``(iii) significantly increasing the durability of other
infrastructure;
``(B) lowering the life-cycle costs, including--
``(i) construction costs;
``(ii) maintenance costs;
``(iii) operations costs; and
``(vi) user costs.
``(2) the development, and testing for effectiveness, of
nondestructive evaluation technologies for civil
infrastructure using existing and new technologies;
``(3) the investigation of--
``(A) the application of current natural hazard mitigation
techniques to manmade hazards; and
``(B) the continuation of hazard mitigation research
combining manmade and natural hazards;
``(4) the improvement of safety--
``(A) at intersections;
``(B) with respect to accidents involving vehicles run off
the road; and
``(C) on rural roads;
``(5) the reduction of work zone incursions and improvement
of work zone safety;
``(6) the improvement of geometric design of roads for the
purpose of safety;
``(7) the examination of data collected through the
national bridge inventory conducted under section 144 using
the national bridge inspection standards established under
section 151, with the objectives of determining whether--
``(A) the most useful types of data are being collected;
and
``(B) any improvement could be made in the types of data
collected and the manner in which the data is collected, with
respect to bridges in the United States;
``(8) the improvement of the infrastructure investment
needs report described in subsection (g) through--
``(A) the study and implementation of new methods of
collecting better quality data, particularly with respect to
performance, congestion, and infrastructure conditions;
``(B) monitoring of the surface transportation system in a
system-wide manner, through the use of--
``(i) intelligent transportation system technologies of
traffic operations centers; and
``(ii) other new data collection technologies as sources of
better quality performance data;
``(C) the determination of the critical metrics that should
be used to determine the condition and performance of the
surface transportation system; and
``(D) the study and implementation of new methods of
statistical analysis and computer models to improve the
prediction of future infrastructure investment requirements;
``(9) the development of methods to improve the
determination of benefits from infrastructure improvements,
including--
``(A) more accurate calculations of benefit-to-cost ratios,
considering benefits and impacts throughout local and
regional transportation systems;
``(B) improvements in calculating life-cycle costs; and
``(C) valuation of assets;
``(10) the improvement of planning processes to better
predict outcomes of transportation projects, including the
application of computer simulations in the planning process
to predict outcomes of planning decisions;
``(11) the multimodal applications of Geographic
Information Systems and remote sensing, including such areas
of application as--
``(A) planning;
``(B) environmental decisionmaking and project delivery;
and
``(C) freight movement;
``(12) the development and application of methods of
providing revenues to the Highway Trust Fund with the
objective of offsetting potential reductions in fuel tax
receipts;
``(13) the development of tests and methods to determine
the benefits and costs to communities of major transportation
investments and projects;
``(14) the conduct of extreme weather research, including
research to--
``(A) reduce contraction and expansion damage;
``(B) reduce or repair road damage caused by freezing and
thawing;
``(C) improve deicing or snow removal techniques;
``(D) develop better methods to reduce the risk of thermal
collapse, including collapse from changes in underlying
permafrost;
``(E) improve concrete and asphalt installation in extreme
weather conditions; and
``(F) make other improvements to protect highway
infrastructure or enhance highway safety or performance;
``(15) the improvement of planning processes and project
development through the development and application of
collaboration tools and strategies for finding transportation
solutions; and
``(16) any other surface transportation research topics
that the Secretary determines, in accordance with the
strategic planning process under section 508, to be critical.
``(d) Advanced, High-Risk Research.--
``(1) In general.--The Secretary shall establish and carry
out, in accordance with the surface transportation research
and technology development strategic plan developed under
section 508(c) and research priority areas described in
subsection (c), an advanced research program that addresses
longer-term, higher-risk research with potentially dramatic
breakthroughs for improving the durability, efficiency,
environmental impact, productivity, and safety (including
bicycle and pedestrian safety) aspects of highway and
intermodal transportation systems.
``(2) Partnerships.--In carrying out the program, the
Secretary shall seek to develop partnerships with the public
and private sectors.
``(3) Report.--The Secretary shall include in the strategic
plan required under section 508(c) a description of each of
the projects, and the amount of funds expended for each
project, carried out under this subsection during the fiscal
year.
``(e) Long-Term Pavement Performance Program.--
``(1) Authority.--The Secretary shall continue, through
September 30, 2009, the long-term pavement performance
program tests, monitoring, and data analysis.
``(2) Grants, cooperative agreements, and contracts.--Under
the program, the Secretary shall make grants and enter into
cooperative agreements and contracts to--
``(A) monitor, material-test, and evaluate highway test
sections in existence as of the date of the grant, agreement,
or contract;
``(B) analyze the data obtained in carrying out
subparagraph (A); and
``(C) prepare products to fulfill program objectives and
meet future pavement technology needs.
``(3) Conclusion of program.--
``(A) Summary report.--The Secretary shall include in the
strategic plan required under section 508(c) a report on the
initial conclusions of the long-term pavement performance
program that includes--
``(i) an analysis of any research objectives that remain to
be achieved under the program;
``(ii) an analysis of other associated longer-term
expenditures under the program that are in the public
interest;
``(iii) a detailed plan regarding the storage, maintenance,
and user support of the database, information management
system, and materials reference library of the program;
``(iv) a schedule for continued implementation of the
necessary data collection and analysis and project plan under
the program; and
``(v) an estimate of the costs of carrying out each of the
activities described in clauses (i) through (iv) for each
fiscal year during which the program is carried out.
``(B) Deadline; usefulness of advances.--The Secretary
shall, to the maximum extent practicable--
``(i) ensure that the long-term pavement performance
program is concluded not later than September 30, 2009; and
``(ii) make such allowances as are necessary to ensure the
usefulness of the technological advances resulting from the
program.
``(f) Seismic Research.--The Secretary shall--
``(1) in consultation and cooperation with Federal agencies
participating in the National Earthquake Hazards Reduction
Program established by section 5 of the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7704), coordinate the
conduct of seismic research; and
[[Page S496]]
``(2) take such actions as are necessary to ensure that the
coordination of the research is consistent with--
``(A) planning and coordination activities of the Director
of the Federal Emergency Management Agency under section
5(b)(1) of that Act (42 U.S.C. 7704(b)(1)); and
``(B) the plan developed by the Director of the Federal
Emergency Management Agency under section 8(b) of that Act
(42 U.S.C. 7705b(b)).
``(g) Infrastructure Investment Needs Report.--
``(1) In general.--Not later than July 31, 2004, and July
31 of every second year thereafter, the Secretary shall
submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
describes--
``(A) estimates of the future highway and bridge needs of
the United States; and
``(B) the backlog of current highway and bridge needs.
``(2) Comparison with prior reports.--Each report under
paragraph (1) shall provide the means, including all
necessary information, to relate and compare the conditions
and service measures used in the previous biennial reports.
``(h) Security Related Research and Technology Transfer
Activities.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003, the Secretary,
in consultation with the Secretary of Homeland Security, with
key stakeholder input (including State transportation
departments) shall develop a 5-year strategic plan for
research and technology transfer and deployment activities
pertaining to the security aspects of highway infrastructure
and operations.
``(2) Components of plan.--The plan shall include--
``(A) an identification of which agencies are responsible
for the conduct of various research and technology transfer
activities;
``(B) a description of the manner in which those activities
will be coordinated; and
``(C) a description of the process to be used to ensure
that the advances derived from relevant activities supported
by the Federal Highway Administration are consistent with the
operational guidelines, policies, recommendations, and
regulations of the Department of Homeland Security; and
``(D) a systematic evaluation of the research that should
be conducted to address, at a minimum--
``(i) vulnerabilities of, and measures that may be taken to
improve, emergency response capabilities and evacuations;
``(ii) recommended upgrades of traffic management during
crises;
``(iii) enhanced communications among the public, the
military, law enforcement, fire and emergency medical
services, and transportation agencies;
``(iv) protection of critical, security-related
infrastructure; and
``(v) structural reinforcement of key facilities.
``(3) Submission.--On completion of the plan under this
subsection, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives--
``(A) a copy of the plan developed under paragraph (1); and
``(B) a copy of a memorandum of understanding specifying
coordination strategies and assignment of responsibilities
covered by the plan that is signed by the Secretary and the
Secretary of Homeland Security.
``Sec. 503. Technology application program
``(a) Technology Application Initiatives and Partnerships
Program.--
``(1) Establishment.--The Secretary, in consultation with
interested stakeholders, shall develop and administer a
national technology application initiatives and partnerships
program.
``(2) Purpose.--The purpose of the program shall be to
significantly accelerate the adoption of innovative
technologies by the surface transportation community.
``(3) Application goals.--
``(A) Establishment.--Not later than 180 days after the
date of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003, the Secretary,
in consultation with the Surface Transportation Research
Technology Advisory Committee, State transportation
departments, and other interested stakeholders, shall
establish, as part of the surface transportation research and
technology development strategic plan under section 508(c),
goals to carry out paragraph (1).
``(B) Design.--Each of the goals and the program developed
to achieve the goals shall be designed to provide tangible
benefits, with respect to transportation systems, in the
areas of efficiency, safety, reliability, service life,
environmental protection, and sustainability.
``(C) Strategies for achievement.--For each goal, the
Secretary, in cooperation with representatives of the
transportation community, such as States, local governments,
the private sector, and academia, shall use domestic and
international technology to develop strategies and
initiatives to achieve the goal, including technical
assistance in deploying technology and mechanisms for sharing
information among program participants.
``(4) Integration with other programs.--The Secretary shall
integrate activities carried out under this subsection with
the efforts of the Secretary to--
``(A) disseminate the results of research sponsored by the
Secretary; and
``(B) facilitate technology transfer.
``(5) Leveraging of federal resources.--In selecting
projects to be carried out under this subsection, the
Secretary shall give preference to projects that leverage
Federal funds with other significant public or private
resources.
``(6) Grants, cooperative agreements, and contracts.--Under
the program, the Secretary may make grants and enter into
cooperative agreements and contracts to foster alliances and
support efforts to stimulate advances in transportation
technology.
``(7) Reports.--The results and progress of activities
carried out under this section shall be published as part of
the annual transportation research report prepared by the
Secretary under section 508(c)(5).
``(8) Allocation.--To the extent appropriate to achieve the
goals established under paragraph (3), the Secretary may
further allocate funds made available to carry out this
section to States for use by those States.
``(b) Innovative Surface Transportation Infrastructure
Research and Construction Program.--
``(1) In general.--The Secretary shall establish and carry
out a program for the application of innovative material,
design, and construction technologies in the construction,
preservation, and rehabilitation of elements of surface
transportation infrastructure.
``(2) Goals.--The goals of the program shall include--
``(A) the development of new, cost-effective, and
innovative materials;
``(B) the reduction of maintenance costs and life-cycle
costs of elements of infrastructure, including the costs of
new construction, replacement, and rehabilitation;
``(C) the development of construction techniques to
increase safety and reduce construction time and traffic
congestion;
``(D) the development of engineering design criteria for
innovative products and materials for use in surface
transportation infrastructure;
``(E) the development of highway bridges and structures
that will withstand natural disasters and disasters caused by
human activity; and
``(F) the development of new, nondestructive technologies
and techniques for the evaluation of elements of
transportation infrastructure.
``(3) Grants, cooperative agreements, and contracts.--
``(A) In general.--Under the program, the Secretary shall
make grants to, and enter into cooperative agreements and
contracts with--
``(i) States, other Federal agencies, universities and
colleges, private sector entities, and nonprofit
organizations, to pay the Federal share of the cost of
research, development, and technology transfer concerning
innovative materials and methods; and
``(ii) States, to pay the Federal share of the cost of
repair, rehabilitation, replacement, and new construction of
elements of surface transportation infrastructure that
demonstrate the application of innovative materials and
methods.
``(B) Applications.--
``(i) In general.--To receive a grant under this
subsection, an entity described in subparagraph (A) shall
submit to the Secretary an application in such form and
containing such information as the Secretary may require.
``(ii) Approval.--The Secretary shall select and approve an
application based on whether the proposed project that is the
subject of the application would meet the goals described in
paragraph (2).
``(4) Technology and information transfer.--The Secretary
shall take such action as is necessary to--
``(A) ensure that the information and technology resulting
from research conducted under paragraph (3) is made available
to State and local transportation departments and other
interested parties, as specified by the Secretary; and
``(B) encourage the use of the information and technology.
``(5) Federal share.--The Federal share of the cost of a
project under this section shall be determined by the
Secretary.
``Sec. 504. Training and education
``(a) National Highway Institute.--
``(1) In general.--The Secretary shall--
``(A) operate, in the Federal Highway Administration, a
National Highway Institute (referred to in this subsection as
the `Institute'); and
``(B) administer, through the Institute, the authority
vested in the Secretary by this title or by any other law for
the development and conduct of education and training
programs relating to highways.
``(2) Duties of the institute.--In cooperation with State
transportation departments, industries in the United States,
and national or international entities, the Institute shall
develop and administer education and training programs of
instruction for--
``(A) Federal Highway Administration, State, and local
transportation agency employees;
``(B) regional, State, and metropolitan planning
organizations;
``(C) State and local police, public safety, and motor
vehicle employees; and
``(D) United States citizens and foreign nationals engaged
or to be engaged in surface transportation work of interest
to the United States.
``(3) Courses.--
``(A) In general.--The Institute shall--
``(i) develop or update existing courses in asset
management, including courses that include such components
as--
``(I) the determination of life-cycle costs;
``(II) the valuation of assets;
``(III) benefit-to-cost ratio calculations; and
``(IV) objective decisionmaking processes for project
selection; and
``(ii) continually develop courses relating to the
application of emerging technologies for--
``(I) transportation infrastructure applications and asset
management;
[[Page S497]]
``(II) intelligent transportation systems;
``(III) operations (including security operations);
``(IV) the collection and archiving of data;
``(V) expediting the planning and development of
transportation projects; and
``(VI) the intermodal movement of individuals and freight.
``(B) Additional courses.--In addition to the courses
developed under subparagraph (A), the Institute, in
consultation with State transportation departments,
metropolitan planning organizations, and the American
Association of State Highway and Transportation Officials,
may develop courses relating to technology, methods,
techniques, engineering, construction, safety, maintenance,
environmental mitigation and compliance, regulations,
management, inspection, and finance.
``(C) Revision of courses offered.--The Institute shall
periodically--
``(i) review the course inventory of the Institute; and
``(ii) revise or cease to offer courses based on course
content, applicability, and need.
``(4) Eligibility; federal share.--The funds apportioned to
a State under section 104(b)(3) for the surface
transportation program shall be expended by the State
transportation department for the payment of not to exceed 80
percent of the cost of tuition and direct educational
expenses (excluding salaries) in connection with the
education and training of employees of State and local
transportation agencies in accordance with this subsection.
``(5) Federal responsibility.--
``(A) In general.--Except as provided in subparagraph (B),
education and training of employees of Federal, State, and
local transportation (including highway) agencies authorized
under this subsection may be provided--
``(i) by the Secretary, at no cost to the States and local
governments, if the Secretary determines that provision at no
cost is in the public interest; or
``(ii) by the State, through grants, cooperative
agreements, and contracts with public and private agencies,
institutions, individuals, and the Institute.
``(B) Payment of full cost by private persons.--Private
agencies, international or foreign entities, and individuals
shall pay the full cost of any education and training
(including the cost of course development) received by the
agencies, entities, and individuals, unless the Secretary
determines that payment of a lesser amount of the cost is of
critical importance to the public interest.
``(6) Training fellowships; cooperation.--The Institute
may--
``(A) engage in training activities authorized under this
subsection, including the granting of training fellowships;
and
``(B) exercise the authority of the Institute independently
or in cooperation with any--
``(i) other Federal or State agency;
``(ii) association, authority, institution, or
organization;
``(iii) for-profit or nonprofit corporation;
``(iv) national or international entity;
``(v) foreign country; or
``(vi) person.
``(7) Collection of fees.--
``(A) In general.--In accordance with this subsection, the
Institute may assess and collect fees to defray the costs of
the Institute in developing or administering education and
training programs under this subsection.
``(B) Persons subject to fees.--Fees may be assessed and
collected under this subsection only with respect to--
``(i) persons and entities for whom education or training
programs are developed or administered under this subsection;
and
``(ii) persons and entities to whom education or training
is provided under this subsection.
``(C) Amount of fees.--The fees assessed and collected
under this subsection shall be established in a manner that
ensures that the liability of any person or entity for a fee
is reasonably based on the proportion of the costs referred
to in subparagraph (A) that relate to the person or entity.
``(D) Use.--All fees collected under this subsection shall
be used, without further appropriation, to defray costs
associated with the development or administration of
education and training programs authorized under this
subsection.
``(8) Relation to fees.--The funds made available to carry
out this subsection may be combined with or held separate
from the fees collected under--
``(A) paragraph (7);
``(B) memoranda of understanding;
``(C) regional compacts; and
``(D) other similar agreements.
``(b) Local Technical Assistance Program.--
``(1) Authority.--The Secretary shall carry out a local
technical assistance program that will provide access to
surface transportation technology to--
``(A) highway and transportation agencies in urbanized
areas;
``(B) highway and transportation agencies in rural areas;
``(C) contractors that perform work for the agencies; and
``(D) infrastructure security.
``(2) Grants, cooperative agreements, and contracts.--The
Secretary may make grants and enter into cooperative
agreements and contracts to provide education and training,
technical assistance, and related support services to--
``(A) assist rural, local transportation agencies and
tribal governments, and the consultants and construction
personnel working for the agencies and governments, to--
``(i) develop and expand expertise in road and
transportation areas (including pavement, bridge, concrete
structures, intermodal connections, safety management
systems, intelligent transportation systems, incident
response, operations, and traffic safety countermeasures);
``(ii) improve roads and bridges;
``(iii) enhance--
``(I) programs for the movement of passengers and freight;
and
``(II) intergovernmental transportation planning and
project selection; and
``(iv) deal effectively with special transportation-related
problems by preparing and providing training packages,
manuals, guidelines, and technical resource materials;
``(B) develop technical assistance for tourism and
recreational travel;
``(C) identify, package, and deliver transportation
technology and traffic safety information to local
jurisdictions to assist urban transportation agencies in
developing and expanding their ability to deal effectively
with transportation-related problems (particularly the
promotion of regional cooperation);
``(D) operate, in cooperation with State transportation
departments and universities--
``(i) local technical assistance program centers designated
to provide transportation technology transfer services to
rural areas and to urbanized areas; and
``(ii) local technical assistance program centers
designated to provide transportation technical assistance to
tribal governments; and
``(E) allow local transportation agencies and tribal
governments, in cooperation with the private sector, to
enhance new technology implementation.
``(c) Research Fellowships.--
``(1) General authority.--The Secretary, acting
independently or in cooperation with other Federal agencies
and instrumentalities, may make grants for research
fellowships for any purpose for which research is authorized
by this chapter.
``(2) Dwight david eisenhower transportation fellowship
program.--The Secretary shall establish and implement a
transportation research fellowship program, to be known as
the `Dwight David Eisenhower Transportation Fellowship
Program', for the purpose of attracting qualified students to
the field of transportation.
``Sec. 505. State planning and research
``(a) In General.--Two percent of the sums apportioned to a
State for fiscal year 2004 and each fiscal year thereafter
under sections 104 (other than subsections (f) and (h)) and
144 shall be available for expenditure by the State, in
consultation with the Secretary, only for--
``(1) the conduct of engineering and economic surveys and
investigations;
``(2) the planning of--
``(A) future highway programs and local public
transportation systems; and
``(B) the financing of those programs and systems,
including metropolitan and statewide planning under sections
134 and 135;
``(3) the development and implementation of management
systems under section 303;
``(4) the conduct of studies on--
``(A) the economy, safety, and convenience of surface
transportation systems; and
``(B) the desirable regulation and equitable taxation of
those systems;
``(5) research, development, and technology transfer
activities necessary in connection with the planning, design,
construction, management, and maintenance of highway, public
transportation, and intermodal transportation systems;
``(6) the conduct of studies, research, and training
relating to the engineering standards and construction
materials for surface transportation systems described in
paragraph (5) (including the evaluation and accreditation of
inspection and testing and the regulation of and charging for
the use of the standards and materials); and
``(7) the conduct of activities relating to the planning of
real-time monitoring elements.
``(b) Minimum Expenditures on Research, Development, and
Technology Transfer Activities.--
``(1) In general.--Subject to paragraph (2), not less than
25 percent of the funds subject to subsection (a) that are
apportioned to a State for a fiscal year shall be expended by
the State for research, development, and technology transfer
activities that--
``(A) are described in subsection (a); and
``(B) relate to highway, public transportation, and
intermodal transportation systems.
``(2) Waivers.--The Secretary may waive the application of
paragraph (1) with respect to a State for a fiscal year if--
``(A) the State certifies to the Secretary for the fiscal
year that total expenditures by the State for transportation
planning under sections 134 and 135 will exceed 75 percent of
the funds described in paragraph (1); and
``(B) the Secretary accepts the certification of the State.
``(3) Nonapplicability of assessment.--Funds expended under
paragraph (1) shall not be considered to be part of the
extramural budget of the agency for the purpose of section 9
of the Small Business Act (15 U.S.C. 638).
``(c) Federal Share.--The Federal share of the cost of a
project carried out using funds subject to subsection (a)
shall be the share applicable under section 120(b), as
adjusted under subsection (d) of that section.
``(d) Administration of Sums.--Funds subject to subsection
(a) shall be--
``(1) combined and administered by the Secretary as a
single fund; and
``(2) available for obligation for the period described in
section 118(b)(2).
``(e) Eligible Use of State Planning and Research Funds.--A
State, in coordination with the Secretary, may obligate funds
made available to carry out this section for any purpose
authorized under section 506(a).
[[Page S498]]
``Sec. 506. International highway transportation outreach
program
``(a) Establishment.--The Secretary may establish an
international highway transportation outreach program--
``(1) to inform the United States highway community of
technological innovations in foreign countries that could
significantly improve highway transportation in the United
States;
``(2) to promote United States highway transportation
expertise, goods, and services in foreign countries; and
``(3) to increase transfers of United States highway
transportation technology to foreign countries.
``(b) Activities.--Activities carried out under the program
may include--
``(1) the development, monitoring, assessment, and
dissemination in the United States of information about
highway transportation innovations in foreign countries that
could significantly improve highway transportation in the
United States;
``(2) research, development, demonstration, training, and
other forms of technology transfer and exchange;
``(3) the provision to foreign countries, through
participation in trade shows, seminars, expositions, and
other similar activities, of information relating to the
technical quality of United States highway transportation
goods and services;
``(4) the offering of technical services of the Federal
Highway Administration that cannot be readily obtained from
private sector firms in the United States for incorporation
into the proposals of those firms undertaking highway
transportation projects outside the United States, if the
costs of the technical services will be recovered under the
terms of the project;
``(5) the conduct of studies to assess the need for, or
feasibility of, highway transportation improvements in
foreign countries; and
``(6) the gathering and dissemination of information on
foreign transportation markets and industries.
``(c) Cooperation.--The Secretary may carry out this
section in cooperation with any appropriate--
``(1) Federal, State, or local agency;
``(2) authority, association, institution, or organization;
``(3) for-profit or nonprofit corporation;
``(4) national or international entity;
``(5) foreign country; or
``(6) person.
``(d) Funds.--
``(1) Contributions.--Funds available to carry out this
section shall include funds deposited by any cooperating
organization or person into a special account of the Treasury
established for this purpose.
``(2) Eligible uses of funds.--The funds deposited into the
account, and other funds available to carry out this section,
shall be available to cover the cost of any activity eligible
under this section, including the cost of--
``(A) promotional materials;
``(B) travel;
``(C) reception and representation expenses; and
``(D) salaries and benefits.
``(3) Reimbursements for salaries and benefits.--
Reimbursements for salaries and benefits of Department of
Transportation employees providing services under this
section shall be credited to the account.
``(e) Report--For each fiscal year, the Secretary shall
submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
describes the destinations and individual trip costs of
international travel conducted in carrying out activities
described in this section.
``Sec. 507. Surface transportation-environment cooperative
research program
``(a) In General.--The Secretary shall establish and carry
out a surface transportation-environment cooperative research
program.
``(b) Contents.--The program carried out under this section
may include research--
``(1) to develop more accurate models for evaluating
transportation control measures and transportation system
designs that are appropriate for use by State and local
governments (including metropolitan planning organizations)
in designing implementation plans to meet Federal, State, and
local environmental requirements;
``(2) to improve understanding of the factors that
contribute to the demand for transportation;
``(3) to develop indicators of economic, social, and
environmental performance of transportation systems to
facilitate analysis of potential alternatives;
``(4) to meet additional priorities as determined by the
Secretary in the strategic planning process under section
508; and
``(5) to refine, through the conduct of workshops,
symposia, and panels, and in consultation with stakeholders
(including the Department of Energy, the Environmental
Protection Agency, and other appropriate Federal and State
agencies and associations) the scope and research emphases of
the program.
``(c) Program Administration.--The Secretary shall--
``(1) administer the program established under this
section; and
``(2) ensure, to the maximum extent practicable, that--
``(A) the best projects and researchers are selected to
conduct research in the priority areas described in
subsection (b)--
``(i) on the basis of merit of each submitted proposal; and
``(ii) through the use of open solicitations and selection
by a panel of appropriate experts;
``(B) a qualified, permanent core staff with the ability
and expertise to manage a large multiyear budget is used;
``(C) the stakeholders are involved in the governance of
the program, at the executive, overall program, and technical
levels, through the use of expert panels and committees; and
``(D) there is no duplication of research effort between
the program established under this section and the new
strategic highway research program established under section
509.
``(d) National Academy of Sciences.--The Secretary may make
grants to, and enter into cooperative agreements with, the
National Academy of Sciences to carry out such activities
relating to the research, technology, and technology transfer
activities described in subsections (b) and (c) as the
Secretary determines to be appropriate.
``Sec. 508. Surface transportation research technology
deployment and strategic planning
``(a) Planning.--
``(1) Establishment.--The Secretary shall--
``(A) establish, in accordance with section 306 of title 5,
a strategic planning process that--
``(i) enhances effective implementation of this section
through the establishment in accordance with paragraph (2) of
the Surface Transportation Research Technology Advisory
Committee; and
``(ii) focuses on surface transportation research funded
through paragraphs (1), (2), (4), and (5) of section 2001(a)
of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003, taking into consideration
national surface transportation system needs and
intermodality requirements;
``(B) coordinate Federal surface transportation research,
technology development, and deployment activities;
``(C) at such intervals as are appropriate and practicable,
measure the results of those activities and the ways in which
the activities affect the performance of the surface
transportation systems of the United States; and
``(D) ensure, to the maximum extent practicable, that
planning and reporting activities carried out under this
section are coordinated with all other surface transportation
planning and reporting requirements.
``(2) Surface transportation research technology advisory
committee.--
``(A) Establishment.--Not later than 90 days after the date
of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003, the Secretary
shall establish a committee to be known as the `Surface
Transportation Research Technology Advisory Committee'
(referred to in this section as the `Committee').
``(B) Membership.--The Committee shall be composed of 12
members appointed by the Secretary--
``(i) each of which shall have expertise in a particular
area relating to Federal surface transportation programs,
including--
``(I) safety;
``(II) operations;
``(III) infrastructure (including pavements and
structures);
``(IV) planning and environment;
``(V) policy; and
``(VI) asset management; and
``(ii) of which--
``(I) 3 members shall be individuals representing the
Federal Government;
``(II) 3 members--
``(aa) shall be exceptionally qualified to serve on the
Committee, as determined by the Secretary, based on
education, training, and experience; and
``(bb) shall not be officers or employees of the United
States;
``(III) 3 members--
``(aa) shall represent the transportation industry
(including the pavement industry); and
``(bb) shall not be officers or employees of the United
States; and
``(IV) 3 members shall represent State transportation
departments from 3 different geographical regions of the
United States.
``(C) Meetings.--The advisory subcommittees shall meet on a
regular basis, but not less than twice each year.
``(D) Duties.--The Committee shall provide to the
Secretary, on a continuous basis, advice and guidance
relating to--
``(i) the determination of surface transportation research
priorities;
``(ii) the improvement of the research planning and
implementation process;
``(iii) the design and selection of research projects;
``(iv) the review of research results;
``(v) the planning and implementation of technology
transfer activities and
``(vi) the formulation of the surface transportation
research and technology deployment and deployment strategic
plan required under subsection (c).
``(E) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this paragraph
$200,000 for each fiscal year.
``(b) Implementation.--The Secretary shall--
``(1) provide for the integrated planning, coordination,
and consultation among the operating administrations of the
Department of Transportation, all other Federal agencies with
responsibility for surface transportation research and
technology development, State and local governments,
institutions of higher education, industry, and other private
and public sector organizations engaged in surface
transportation-related research and development activities;
and
``(2) ensure that the surface transportation research and
technology development programs of the Department do not
duplicate other Federal,
[[Page S499]]
State, or private sector research and development programs.
``(c) Surface Transportation Research and Technology
Deployment Strategic Plan.--
``(1) In general.--After receiving, and based on, extensive
consultation and input from stakeholders representing the
transportation community and the Surface Transportation
Research Advisory Committee, the Secretary shall, not later
than 1 year after the date of enactment of the Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2003, complete, and shall periodically update
thereafter, a strategic plan for each of the core surface
transportation research areas, including--
``(A) safety;
``(B) operations;
``(C) infrastructure (including pavements and structures);
``(D) planning and environment; and
``(E) policy.
``(2) Components.--The strategic plan shall specify--
``(A) surface transportation research objectives and
priorities;
``(B) specific highway research projects to be conducted;
``(C) recommended technology transfer activities to promote
the deployment of advances resulting from the highway
research conducted; and
``(D) short- and long-term technology development and
deployment activities.
``(3) Review and submission of findings.--The Secretary
shall enter into a contract with the Transportation Research
Board of the National Academy of Sciences, on behalf of the
Research and Technology Coordinating Committee of the
National Research Council, under which--
``(A) the Transportation Research Board shall--
``(i) review the research and technology planning and
implementation process used by Federal Highway
Administration; and
``(ii) evaluate each of the strategic plans prepared under
this subsection--
``(I) to ensure that sufficient stakeholder input is being
solicited and considered throughout the preparation process;
and
``(II) to offer recommendations relevant to research
priorities, project selection, and deployment strategies; and
``(B) the Secretary shall ensure that the Research and
Technology Coordinating Committee, in a timely manner,
informs the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of the findings of the review
and evaluation under subparagraph (A).
``(4) Responses of secretary.--Not later than 60 days after
the date of completion of the strategic plan under this
subsection, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives written responses to each of the
recommendations of the Research and Technology Coordinating
Committee under paragraph (3)(A)(ii)(II).
``(d) Consistency With Government Performance and Results
Act of 1993.--The plans and reports developed under this
section shall be consistent with and incorporated as part of
the plans developed under section 306 of title 5 and sections
1115 and 1116 of title 31.
``Sec. 509. New strategic highway research program
``(a) In General.--The National Research Council shall
establish and carry out, through fiscal year 2009, a new
strategic highway research program.
``(b) Basis; Priorities.--With respect to the program
established under subsection (a)--
``(1) the program shall be based on--
``(A) National Research Council Special Report No. 260,
entitled `Strategic Highway Research'; and
``(B) the results of the detailed planning work
subsequently carried out to scope the research areas through
National Cooperative Research Program Project 20-58.
``(2) the scope and research priorities of the program
shall--
``(A) be refined through stakeholder input in the form of
workshops, symposia, and panels; and
``(B) include an examination of--
``(i) the roles of highway infrastructure, drivers, and
vehicles in fatalities on public roads;
``(ii) high-risk areas and activities associated with the
greatest numbers of highway fatalities;
``(iii) the roles of various levels of government agencies
and non-governmental organizations in reducing highway
fatalities (including recommendations for methods of
strengthening highway safety partnerships);
``(iv) measures that may save the greatest number of lives
in the short- and long-term;
``(v) renewal of aging infrastructure with minimum impact
on users of facilities;
``(vi) driving behavior and likely crash causal factors to
support improved countermeasures;
``(vii) reduction in congestion due to nonrecurring
congestion;
``(viii) planning and designing of new road capacity to
meet mobility, economic, environmental, and community needs;
``(3) the program shall consider, at a minimum, the results
of studies relating to the implementation of the Strategic
Highway Safety Plan prepared by the American Association of
State Highway and Transportation Officials; and
``(4) the research results of the program, expressed in
terms of technologies, methodologies, and other appropriate
categorizations, shall be disseminated to practicing
engineers as soon as practicable for their use.
``(c) Program Administration.--In carrying out the program
under this section, the National Research Council shall
ensure, to the maximum extent practicable, that--
``(1) the best projects and researchers are selected to
conduct research for the program and priorities described in
subsection (b)--
``(A) on the basis of the merit of each submitted proposal;
and
``(B) through the use of open solicitations and selection
by a panel of appropriate experts;
``(2) the National Research Council acquires a qualified,
permanent core staff with the ability and expertise to manage
a large research program and multiyear budget;
``(3) the stakeholders are involved in the governance of
the program, at the executive, overall program, and technical
levels, through the use of expert panels and committees; and
``(4) there is no duplication of research effort between
the program established under this section and the surface
transportation-environment cooperative research program
established under section 507 or any other research effort of
the Department.
``(d) National Academy of Sciences.--The Secretary may make
grants to, and enter into cooperative agreements with, the
National Academy of Sciences to carry out such activities
relating to research, technology, and technology transfer
described in subsections (b) and (c) as the Secretary
determines to be appropriate.
``(e) Report on Implementation of Results.--
``(1) In general.--Not later than October 1, 2007, the
Secretary shall enter into a contract with the Transportation
Research Board of the National Academy of Sciences under
which the Transportation Research Board shall complete a
report on the strategies and administrative structure to be
used for implementation of the results of new strategic
highway research program.
``(2) Components.--The report under paragraph (1) shall
include, with respect to the new strategic highway research
program--
``(A) an identification of the most promising results of
research under the program (including the persons most likely
to use the results);
``(B) a discussion of potential incentives for, impediments
to, and methods of, implementing those results;
``(C) an estimate of costs that would be incurred in
expediting implementation of those results; and
``(D) recommendations for the way in which implementation
of the results of the program under this section should be
conducted, coordinated, and supported in future years,
including a discussion of the administrative structure and
organization best suited to carry out those responsibilities.
``(3) Consultation.--In developing the report, the
Transportation Research Board shall consult with a wide
variety of stakeholders, including--
``(A) the American Association of State highway Officials;
``(B) the Federal Highway Administration; and
``(C) the Surface Transportation Research Technology
Advisory Committee.
``(4) Submission.--Not later than February 1, 2009, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives the report under this subsection.
``Sec. 510. University transportation centers
``(a) Centers.--
``(1) In general.--During fiscal year 2004, the Secretary
shall provide grants to 40 nonprofit institutions of higher
learning (or consortia of institutions of higher learning) to
establish centers to address transportation design,
management, research, development, and technology matters,
especially the education and training of greater numbers of
individuals to enter into the professional field of
transportation.
``(2) Distribution of centers.--Not more than 1 university
transportation center (or lead university in a consortia of
institutions of higher learning), other than a center or
university selected through a competitive process, may be
located in any State.
``(3) Identification of centers.--The university
transportation centers established under this section shall--
``(A) comply with applicable requirements under subsection
(c); and
``(B) be located at the institutions of higher learning
specified in paragraph (4).
``(4) Identification of groups.--For the purpose of making
grants under this subsection, the following grants are
identified:
``(A) Group a.--Group A shall consist of the 10 regional
centers selected under subsection (b).
``(B) Group b.--Group B shall consist of the following:
``(i) [_________].
``(ii) [_________].
``(iii) [_________].
``(iv) [_________].
``(v) [_________].
``(vi) [_________].
``(vii) [_________].
``(viii) [_________]
``(ix) [_________].
``(x) [_________].
``(xi) [_________].
``(C) Group c.--Group C shall consist of the following:
``(i) [_________].
``(ii) [_________].
``(iii) [_________].
``(iv) [_________].
``(v) [_________].
``(vi) [_________].
``(vii) [_________].
``(viii) [_________].
``(ix) [_________].
``(x) [_________].
``(xi) [_________].
``(D) Group d.--Group D shall consist of the following:
``(i) [_________].
[[Page S500]]
``(ii) [_________].
``(iii) [_________].
``(iv) [_________].
``(v) [_________].
``(vi) [_________].
``(vii) [_________].
``(viii) [_________].
``(b) Regional Centers.--
``(1) In general.--Not later than September 30, 2004, the
Secretary shall provide to nonprofit institutions of higher
learning (or consortia of institutions of higher learning)
grants to be used during the period of fiscal years 2005
through 2009 to establish and operate 1 university
transportation center in each of the 10 Federal regions that
comprise the Standard Federal Regional Boundary System.
``(2) Selection of regional centers.--
``(A) Proposals.--In order to be eligible to receive a
grant under this subsection, an institution described in
paragraph (1) shall submit to the Secretary a proposal, in
response to any request for proposals that shall be made by
the Secretary, that is in such form and contains such
information as the Secretary shall prescribe.
``(B) Request schedule.--The Secretary shall request
proposals once for the period of fiscal years 2004 through
2006 and once for the period of fiscal years 2007 through
2009.
``(C) Eligibility.--Any institution of higher learning (or
consortium of institutions of higher learning) that meets the
criteria described in subsection (c) (including any
institution identified in subsection (a)(4)) may apply for a
grant under this subsection.
``(D) Selection criteria.--The Secretary shall select each
recipient of a grant under this subsection through a
competitive process on the basis of--
``(i) the location of the center within the Federal region
to be served;
``(ii) the demonstrated research capabilities and extension
resources available to the recipient to carry out this
section;
``(iii) the capability of the recipient to provide
leadership in making national and regional contributions to
the solution of immediate and long-range transportation
problems;
``(iv) the demonstrated ability of the recipient to
disseminate results of transportation research and education
programs through a statewide or regionwide continuing
education program; and
``(v) the strategic plan that the recipient proposes to
carry out using funds from the grant.
``(E) Selection process.--In selecting the recipients of
grants under this subsection, the Secretary shall consult
with, and consider the advice of--
``(i) the Research and Special Programs Administration;
``(ii) the Federal Highway Administration; and
``(iii) the Federal Transit Administration.
``(c) Center Requirements.--
``(1) In general.--With respect to a university
transportation center established under subsection (a) or
(b), the institution or consortium that receives a grant to
establish the center--
``(A) shall annually contribute at least $250,000 to the
operation and maintenance of the center, except that payment
by the institution or consortium of the salary required for
transportation-related faculty and staff for a period greater
than 90 days may not be counted against that contribution;
``(B) shall have established, as of the date of receipt of
the grant, undergraduate or graduate programs in--
``(i) civil engineering;
``(ii) transportation engineering;
``(iii) transportation systems management and operations;
or
``(iv) any other field significantly related to surface
transportation systems, as determined by the Secretary; and
``(C) not later than 120 days after the date on which the
institution or consortium receives notice of selection as a
site for the establishment of a university transportation
center under this section, shall submit to the Secretary a 6-
year program plan for the university transportation center
that includes, with respect to the center--
``(i) a description of the purposes of programs to be
conducted by the center;
``(ii) a description of the undergraduate and graduate
transportation education efforts to be carried out by the
center;
``(iii) a description of the nature and scope of research
to be conducted by the center;
``(iv) a list of personnel, including the roles and
responsibilities of those personnel within the center; and
``(v) a detailed budget, including the amount of
contributions by the institution or consortium to the center;
and
``(D) shall establish an advisory committee that--
``(i) is composed of a representative from each of the
State transportation department of the State in which the
institution or consortium is located, the Department of
Transportation, and the institution or consortia, as
appointed by those respective entities;
``(ii) in accordance with paragraph (2), shall review and
approve or disapprove the plan of the institution or
consortium under subparagraph (C); and
``(iii) shall, to the maximum extent practicable, ensure
that the proposed research to be carried out by the
university transportation center will contribute to the
national highway research and technology agenda, as
periodically updated by the Secretary, in consultation with
stakeholders representing the highway community.
``(2) Peer review.--
``(A) In general.--The Secretary shall require peer review
for each report on research carried out using funds made
available for this section.
``(B) Purposes of peer review.--Peer review of a report
under this section shall be carried out to evaluate--
``(i) the relevance of the research described in the report
with respect to the strategic plan under, and the goals of,
this section;
``(ii) the research covered by the report, and to recommend
modifications to individual project plans;
``(iii) the results of the research before publication of
those results; and
``(iv) the overall outcomes of the research.
``(C) Internet availability.--Each report under this
section that is received by the Secretary shall be
published--
``(i) by the Secretary, on the Internet website of the
Department of Transportation; and
``(ii) by the University Transportation Center.
``(3) Approval of plans.--A plan of an institution or
consortium described in paragraph (1)(C) shall not be
submitted to the Secretary until such time as the advisory
committee established under paragraph (1)(D) reviews and
approves the plan.
``(4) Failure to comply.--If a recipient of a grant under
this subsection fails to submit a program plan acceptable to
the Secretary and in accordance with paragraph (1)(C)--
``(A) the recipient shall forfeit the grant and the
selection of the recipient as a site for the establishment of
a university transportation center; and
``(B) the Secretary shall select a replacement recipient
for the forfeited grant.
``(5) Applicability.--This subsection does not apply to any
research funds received in accordance with a competitive
contract offered and entered into by the Federal Highway
Administration.
``(d) Objectives.--Each university transportation center
established under subsection (a) or (b) shall carry out--
``(1) undergraduate or graduate education programs that
include--
``(A) multidisciplinary coursework; and
``(B) opportunities for students to participate in
research;
``(2) basic and applied research, the results and products
of which shall be judged by peers or other experts in the
field so as to advance the body of knowledge in
transportation; and
``(3) an ongoing program of technology transfer that makes
research results available to potential users in such form as
will enable the results to be implemented, used, or otherwise
applied.
``(e) Maintenance of Effort.--To be eligible to receive a
grant under this section, an applicant shall--
``(1) enter into an agreement with the Secretary to ensure
that the applicant will maintain total expenditures from all
other sources to establish and operate a university
transportation center and related educational and research
activities at a level that is at least equal to the average
level of those expenditures during the 2 fiscal years before
the date on which the grant is provided;
``(2) provide the annual institutional contribution
required under subsection (c)(1); and
``(3) submit to the Secretary, in a timely manner, for use
by the Secretary in the preparation of the annual research
report under section 508(c)(5) of title 23, an annual report
on the projects and activities of the university
transportation center for which funds are made available
under section 2001 of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003 that contains, at
a minimum, for the fiscal year covered by the report, a
description of--
``(A) the goals of the center;
``(B) the educational activities carried out by the center
(including a detailed summary of the budget for those
educational activities);
``(C) teaching activities of faculty at the center;
``(D) each research project carried out by the center,
including--
``(i) the identity and location of each investigator
working on a research project;
``(ii) the overall funding amount for each research project
(including the amounts expended for the project as of the
date of the report);
``(iii) the current schedule for each research project; and
``(iv) the results of each research project through the
date of submission of the report, with particular emphasis on
results for the fiscal year covered by the report; and
``(E) overall technology transfer and implementation
efforts of the center.
``(f) Program Coordination.--The Secretary shall--
``(1) coordinate the research, education, training, and
technology transfer activities carried out by recipients of
grants under this section; and
``(2) establish and operate a clearinghouse for, and
disseminate, the results of those activities.
``(g) Funding.--
``(1) Number and amount of grants.--The Secretary shall
make the following grants under this subsection:
``(A) Group a.--For each of fiscal years 2004 through 2009,
the Secretary shall make a grant in the amount of $20,000,000
to each of the institutions in group A (as described in
subsection (a)(4)(A)).
``(B) Group b.--The Secretary shall make a grant to each of
the institutions in group B (as described in subsection
(a)(4)(B)) in the amount of--
``(i) $4,000,000 for each of fiscal years 2004 and 2005;
and
``(ii) $6,000,000 for each of fiscal years 2006 and 2007.
``(C) Group c.--For each of fiscal years 2004 through 2007,
the Secretary shall make a grant in the amount of $10,000,000
to each of the institutions in group C (as described in
subsection (a)(4)(C)).
``(D) Group d.--For each of fiscal years 2004 through 2009,
the Secretary shall make a grant in the amount of $25,000,000
to each of the institutions in group D (as described in
subsection (a)(4)(D)).
[[Page S501]]
``(E) Limited grants for groups b and c.--For each of
fiscal years 2008 and 2009, of the institutions classified in
groups B and C (as described in subsection (a)(4)(B)), the
Secretary shall select and make a grant in the amount of
$10,000,000 to each of not more than 15 institutions.
``(2) Use of funds--
``(A) In general.--Of the funds made available for a fiscal
year to a university transportation center established under
subsection (a) or (b)--
``(i) not less than $250,000 shall be used to establish and
maintain new faculty positions for the teaching of
undergraduate, transportation-related courses;
``(ii) not more than $500,000 for the fiscal year, or
$1,000,000 in the aggregate, may be used to construct or
improve transportation-related laboratory facilities; and
``(iii) not more than $300,000 for the fiscal year may be
used for student internships of not more than 180 days in
duration to enable students to gain experience by working on
transportation projects as interns with design or
construction firms.
``(B) Facilities and administration fee.--Not more than 10
percent of any grant made available to a university
transportation center (or any institution or consortium that
establishes such a center) for a fiscal year may be used to
pay to the appropriate nonprofit institution of higher
learning any administration and facilities fee (or any
similar overhead fee) for the fiscal year.
``(3) Limitation on availability of funds.--Funds made
available under this subsection shall remain available for
obligation for a period of 2 years after September 30 of the
fiscal year for which the funds are authorized.
``Sec. 511. Multistate corridor operations and management
``(a) In General.--The Secretary shall encourage multistate
cooperative agreements, coalitions, or other arrangements to
promote regional cooperation, planning, and shared project
implementation for programs and projects to improve
transportation system management and operations.
``(b) Interstate Route I-95 Corridor Coalition
Transportation Systems Management and Operations.--
``(1) In general.--The Secretary shall make grants under
this subsection to States to continue intelligent
transportation system management and operations in the
Interstate Route I-95 corridor coalition region initiated
under the Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102-240).
``(2) Funding.--Of the amounts made available under section
2001(a)(4) of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003, the Secretary shall use to
carry out this subsection--
``(A) $8,000,000 for fiscal year 2004;
``(B) $10,000,000 for fiscal year 2005;
``(C) $12,000,000 for fiscal year 2006;
``(D) $12,000,000 for fiscal year 2007;
``(E) $12,000,000 for fiscal year 2008; and
``(F) $12,000,000 for fiscal year 2009.''.
(b) Other University Funding.--No university (other than
university transportation centers specified in section 510 of
title 23, United States Code (as added by subsection (a))
shall receive funds made available under section 2001 to
carry out research unless the university is selected to
receive the funds--
(1) through a competitive process that incorporates merit-
based peer review; and
(2) based on a proposal submitted to the Secretary by the
university in response to a request for proposals issued by
the Secretary.
(c) Conforming Amendment.--Section 5505 of title 49, United
States Code, is repealed.
SEC. 2102. STUDY OF DATA COLLECTION AND STATISTICAL ANALYSIS
EFFORTS.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
Federal Highway Administration.
(2) Board.--The term ``Board'' means the Transportation
Research Board of the National Academy of Sciences.
(3) Bureau.--The term ``Bureau'' means the Bureau of
Transportation Statistics.
(4) Department.--The term ``Department'' means the
Department of Transportation.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Priority Areas of Effort.--
(1) Statistical standards.--The Secretary shall direct the
Bureau to assume the role of the lead agency in working with
other agencies of the Department to establish, by not later
the date that is 1 year after the date of enactment of this
Act, statistical standards for the Department.
(2) Statistical analysis effort.--
(A) In general.--The Bureau shall provide to the Secretary,
on an annual basis, an overview of the level of effort
expended on statistical analyses by each agency within the
Department.
(B) Duty of agencies.--Each agency of the Department shall
provide to the Bureau such information as the Bureau may
require in carrying out subparagraph (A).
(3) National security.--The Bureau shall--
(A) conduct a study of the ways in which transportation
statistics are and may be used for the purpose of national
security; and
(B) submit to the Transportation Security Administration
recommendations for means by which the use of transportation
statistics for the purpose of national security may be
improved.
(4) Modernization.--The Bureau shall develop new protocols
for adapting data collection and delivery efforts in
existence as of the date of enactment of this Act to deliver
information in a more timely and frequent fashion.
(c) Study.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall provide a grant
to, or enter into a cooperative agreement or contract with,
the Board for the conduct of a study of the data collection
and statistical analysis efforts of the Department with
respect to the modes of surface transportation for which
funds are made available under this Act.
(2) Purpose.--The purpose of the study shall be to provide
to the Department information for use by agencies of the
Department in providing to surface transportation agencies
and individuals engaged in the surface transportation field
higher quality, and more relevant and timely, data,
statistical analyses, and products.
(3) Content.--The study shall include--
(A) an examination and analysis of the efforts, analyses,
and products (with respect to usefulness and policy
relevance) of the Bureau as of the date of the study, as
compared with the duties of the Bureau specified in
subsections (c) through (f) of section 111 of title 49,
United States Code;
(B) an examination and analysis of data collected by,
methods of data collection of, and analyses performed by,
agencies within the Department; and
(C) recommendations relating to--
(i) the future efforts of the Department in the area of
surface transportation with respect to--
(I) types of data collected;
(II) methods of data collection;
(III) types of analyses performed; and
(IV) products made available by the Secretary to the
transportation community and Congress;
(ii) the means by which the Department may cooperate with
State transportation departments to provide technical
assistance in the use of data collected by traffic operations
centers; and
(iii) duplication of efforts within the Department,
including ways in which--
(I) the duplication may be reduced or eliminated; and
(II) each agency of the Department may cooperate with, and
complement the efforts of, the others.
(4) Consultation.--In conducting the study, the Board shall
consult with such stakeholders, agencies, and other entities
as the Board considers to be appropriate.
(5) Report.--Not later than 1 year after the date on which
a grant is provided, or a cooperative agreement or contract
is entered into, for a study under paragraph (1)--
(A) the Board shall submit to the Secretary, the Committee
on Environment and Public Works of the Senate, and the
Committee on Transportation and Infrastructure of the House
of Representatives a final report on the results of the
study; and
(B) the results of the study shall be published--
(i) by the Secretary, on the Internet website of the
Department; and
(ii) by the Board, on the Internet website of the Board.
(6) Implementation of results.--The Bureau shall, to the
maximum extent practicable, implement any recommendations
made with respect to the results of the study under this
subsection.
(7) Compliance.--
(A) In general.--The Comptroller General of the United
States shall conduct a review of the study under this
subsection.
(B) Noncompliance.--If the Comptroller General of the
United States determines that the Bureau failed to conduct
the study under this subsection, the Bureau shall be
ineligible to receive funds from the Highway Trust Fund until
such time as the Bureau conducts the study under this
subsection.
(d) Conforming Amendments.--
(1) Section 111 of title 49, United States Code, is
amended--
(A) by redesignating subsection (k) as subsection (m);
(B) by inserting after subsection (j) the following:
``(k) Annual Report.--
``(1) In general.--For fiscal year 2004 and each fiscal
year thereafter, the Bureau shall prepare and submit to the
Secretary an annual report that--
``(A) describes progress made in responding to study
recommendations for the fiscal year; and
``(B) summarizes the activities and expenditure of funds by
the Bureau for the fiscal year.
``(2) Availability.--The Bureau shall--
``(A) make the report described in paragraph (1) available
to the public; and
``(B) publish the report on the Internet website of the
Bureau.
``(3) Combination of reports.--The report required under
paragraph (1) may be included in or combined with the
Transportation Statistics Annual Report required by
subsection (j).
``(l) Expenditure of Funds.--Funds from the Highway Trust
Fund (other than the Mass Transit Account) that are
authorized to be appropriated, and made available, in
accordance with section 2001(a)(3) of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2003
shall be used only for the collection and statistical
analysis of information relating to surface transportation
systems.''; and
(C) in subsection (m) (as redesignated by subparagraph
(A)), by inserting ``surface transportation'' after ``sale
of''.
(2) The analysis for chapter 55 of title 49, United States
Code, is amended by striking the item relating to section
5505 and inserting the following:
``5505. University transportation centers.''.
SEC. 2103. CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE.
(a) Establishment.--The Secretary shall establish the
centers for surface transportation excellence described in
subsection (b) to promote
[[Page S502]]
high-quality outcomes in support of strategic national
programs and activities, including--
(1) the environment;
(2) operations;
(3) surface transportation safety;
(4) project finance; and
(5) asset management.
(b) Centers.--The centers for surface transportation
excellence referred to in subsection (a) are--
(1) a Center for Environmental Excellence to provide
technical assistance, information sharing of best practices,
and training in the use of tools and decision-making
processes to assist States in planning and delivering
environmentally-sound surface transportation projects;
(2) a Center for Operations Excellence to provide support
for an integrated and coordinated national program for
implementing operations in planning and management (including
standards development) for the transportation system in the
United States;
(3) a Center for Excellence in Surface Transportation
Safety to implement a program of support for State
transportation departments, including--
(A) the maintenance of an Internet site to provide critical
information on safety programs;
(B) the provision of technical assistance to support a lead
State transportation department for each of the 22 safety
emphasis areas (as identified by the Secretary); and
(C) the provision of training and education to enhance
knowledge of personnel of State transportation departments in
support of safety highway goals;
(4) a Center for Excellence in Project Finance--
(A) to provide support to State transportation departments
in the development of finance plans and project oversight
tools; and
(B) to develop and offer training in state-of-the-art
financing methods to advance projects and leverage funds; and
(5) a Center for Excellence in Asset Management to develop
and conduct research, provide training and education, and
disseminate information on the benefits and tools for asset
management.
(c) Program Administration.--
(1) In general.--Before funds authorized under this section
for fiscal years 2005 through 2009 are obligated, the
Secretary shall review and approve a multiyear strategic plan
to be submitted by each of the centers.
(2) Timing.--The plan shall be submitted before the
beginning of fiscal year 2005 and, subsequently, shall be
annually updated.
(3) Content.--The plan shall include--
(A) a list of research and technical assistance projects
and objectives; and
(B) a description of any other technology transfer
activities, including a summary of training efforts.
(4) Cooperation and competition.--
(A) In general.--The Secretary shall carry out this section
by making grants to, or entering into contracts, cooperative
agreements, and other transactions with--
(i) the National Academy of Sciences;
(ii) the American Association of State Highway and
Transportation Officials;
(iii) planning organizations;
(iv) a Federal laboratory;
(v) a State agency;
(vi) an authority, association, institution, or
organization; or
(vii) a for-profit or nonprofit corporation.
(B) Competition; review.--All parties entering into
contracts, cooperative agreements, or other transactions with
the Secretary, or receiving grants, to perform research or
provide technical assistance under this section shall be
selected, to the maximum extent practicable--
(i) on a competitive basis; and
(ii) on the basis of the results of peer review of
proposals submitted to the Secretary.
(5) Nonduplication.--The Secretary shall ensure that
activities conducted by each of the centers do not duplicate,
and to the maximum extent practicable, are integrated and
coordinated with similar activities conducted by the Federal
Highway Administration, the local technical assistance
program, university transportation centers, and other
research efforts supported with funds authorized by this
title.
(d) Authorization of Appropriations.--
(1) In general.--For each of fiscal years 2004 through
2009, of the funds made available under section
2001(a)(1)(A), the Secretary shall set aside $10,000,000 to
carry out this section.
(2) Allocation of funds.--Of the funds made available under
paragraph (1)--
(A) 20 percent shall be allocated to the Center for
Environmental Excellence established under subsection (b)(1);
(B) 30 percent shall be allocated to the Center for
Operations Excellence established under subsection (b)(2);
(C) 20 percent shall be allocated to the Center for
Excellence in Surface Transportation Safety established under
subsection (b)(3);
(D) 10 percent shall be allocated to the Center for
Excellence in Project Finance established under subsection
(b)(4); and
(E) 20 percent shall be allocated to the Center for
Excellence in Asset Management established under subsection
(b)(5).
(3) Applicability of title 23.--Funds made available under
this section shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share
shall be 100 percent.
Subtitle C--Intelligent Transportation System Research
SEC. 2201. INTELLIGENT TRANSPORTATION SYSTEM RESEARCH AND
TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--Chapter 5 of title 23, United States Code
(as amended by section 2101), is amended by adding at the end
the following:
``SUBCHAPTER II--INTELLIGENT TRANSPORTATION SYSTEM RESEARCH AND
TECHNICAL ASSISTANCE PROGRAM
``Sec. 521. Finding
``Congress finds that continued investment in architecture
and standards development, research, technical assistance for
State and local governments, and systems integration is
needed to accelerate the rate at which intelligent
transportation systems--
``(1) are incorporated into the national surface
transportation network; and
``(2) as a result of that incorporation, improve
transportation safety and efficiency and reduce costs and
negative impacts on communities and the environment.
``Sec. 522. Goals and purposes
``(a) Goals.--The goals of the intelligent transportation
system research and technical assistance program include--
``(1) enhancement of surface transportation efficiency and
facilitation of intermodalism and international trade--
``(A) to meet a significant portion of future
transportation needs, including public access to employment,
goods, and services; and
``(B) to reduce regulatory, financial, and other
transaction costs to public agencies and system users;
``(2) the acceleration of the use of intelligent
transportation systems to assist in the achievement of
national transportation safety goals, including the
enhancement of safe operation of motor vehicles and
nonmotorized vehicles, with particular emphasis on decreasing
the number and severity of collisions;
``(3) protection and enhancement of the natural environment
and communities affected by surface transportation, with
particular emphasis on assisting State and local governments
in achieving national environmental goals;
``(4) accommodation of the needs of all users of surface
transportation systems, including--
``(A) operators of commercial vehicles, passenger vehicles,
and motorcycles;
``(B) users of public transportation users (with respect to
intelligent transportation system user services); and
``(C) individuals with disabilities; and
``(5)(A) improvement of the ability of the United States to
respond to emergencies and natural disasters; and
``(B) enhancement of national security and defense
mobility.
``(b) Purposes.--The Secretary shall carry out activities
under the intelligent transportation system research and
technical assistance program to, at a minimum--
``(1) assist in the development of intelligent
transportation system technologies;
``(2) ensure that Federal, State, and local transportation
officials have adequate knowledge of intelligent
transportation systems for full consideration in the
transportation planning process;
``(3) improve regional cooperation, interoperability, and
operations for effective intelligent transportation system
performance;
``(4) promote the innovative use of private resources;
``(5) assist State transportation departments in developing
a workforce capable of developing, operating, and maintaining
intelligent transportation systems;
``(6) maintain an updated national ITS architecture and
consensus-based standards while ensuring an effective Federal
presence in the formulation of domestic and international ITS
standards;
``(7) advance commercial vehicle operations components of
intelligent transportation systems--
``(A) to improve the safety and productivity of commercial
vehicles and drivers; and
``(B) to reduce costs associated with commercial vehicle
operations and Federal and State commercial vehicle
regulatory requirements;
``(8) evaluate costs and benefits of intelligent
transportation systems projects;
``(9) improve, as part of the Archived Data User Service
and in cooperation with the Bureau of Transportation
Statistics, the collection of surface transportation system
condition and performance data through the use of intelligent
transportation system technologies; and
``(10) ensure access to transportation information and
services by travelers of all ages.
``Sec. 523. Definitions
``In this subchapter:
``(1) Commercial vehicle information systems and
networks.--The term `commercial vehicle information systems
and networks' means the information systems and
communications networks that support commercial vehicle
operations.
``(2) Commercial vehicle operations.--
``(A) In general.--The term `commercial vehicle operations'
means motor carrier operations and motor vehicle regulatory
activities associated with the commercial movement of goods
(including hazardous materials) and passengers.
``(B) Inclusions.--The term `commercial vehicle
operations', with respect to the public sector, includes--
``(i) the issuance of operating credentials;
``(ii) the administration of motor vehicle and fuel taxes;
and
``(iii) roadside safety and border crossing inspection and
regulatory compliance operations.
``(3) Intelligent transportation infrastructure.--The term
`intelligent transportation infrastructure' means fully
integrated public sector intelligent transportation system
components, as defined by the Secretary.
``(4) Intelligent transportation system.--The term
`intelligent transportation system' means electronics,
communications, or information processing used singly or in
combination to improve the efficiency or safety of a surface
transportation system.
[[Page S503]]
``(5) National its architecture.--The term `national ITS
architecture' means the common framework for interoperability
adopted by the Secretary that defines--
``(A) the functions associated with intelligent
transportation system user services;
``(B) the physical entities or subsystems within which the
functions reside;
``(C) the data interfaces and information flows between
physical subsystems; and
``(D) the communications requirements associated with the
information flows.
``(6) Standard.--The term `standard' means a document
that--
``(A) contains technical specifications or other precise
criteria for intelligent transportation systems that are to
be used consistently as rules, guidelines, or definitions of
characteristics so as to ensure that materials, products,
processes, and services are fit for their purposes; and
``(B) may--
``(i) support the national ITS architecture; and
``(ii) promote--
``(I) the widespread use and adoption of intelligent
transportation system technology as a component of the
surface transportation systems of the United States; and
``(II) interoperability among intelligent transportation
system technologies implemented throughout the States.
``Sec. 524. General authorities and requirements
``(a) Scope.--Subject to this subchapter, the Secretary
shall carry out an ongoing intelligent transportation system
research program--
``(1) to research, develop, and operationally test
intelligent transportation systems; and
``(2) to provide technical assistance in the nationwide
application of those systems as a component of the surface
transportation systems of the United States.
``(b) Policy.--Intelligent transportation system
operational tests and projects funded under this subchapter
shall encourage, but not displace, public-private
partnerships or private sector investment in those tests and
projects.
``(c) Cooperation With Governmental, Private, and
Educational Entities.--The Secretary shall carry out the
intelligent transportation system research and technical
assistance program in cooperation with--
``(1) State and local governments and other public
entities;
``(2) the private sector;
``(3) Federal laboratories (as defined in section 501); and
``(4) colleges and universities, including historically
black colleges and universities and other minority
institutions of higher education.
``(d) Consultation With Federal Officials.--In carrying out
the intelligent transportation system research program, the
Secretary, as appropriate, shall consult with--
``(1) the Secretary of Commerce;
``(2) the Secretary of the Treasury;
``(3) the Administrator of the Environmental Protection
Agency;
``(4) the Director of the National Science Foundation; and
``(5) the Secretary of Homeland Security.
``(e) Technical Assistance, Training, and Information.--The
Secretary may provide technical assistance, training, and
information to State and local governments seeking to
implement, operate, maintain, or evaluate intelligent
transportation system technologies and services.
``(f) Transportation Planning.--The Secretary may provide
funding to support adequate consideration of transportation
system management and operations (including intelligent
transportation systems) within metropolitan and statewide
transportation planning processes.
``(g) Information Clearinghouse.--The Secretary shall--
``(1) maintain a repository for technical and safety data
collected as a result of federally sponsored projects carried
out under this subchapter; and
``(2) on request, make that information (except for
proprietary information and data) readily available to all
users of the repository at an appropriate cost.
``(h) Advisory Committees.--
``(1) In general.--In carrying out this subchapter, the
Secretary--
``(A) may use 1 or more advisory committees; and
``(B) shall designate a public-private organization, the
members of which participate in on-going research, planning,
standards development, deployment, and marketing of ITS
programs, products, and services, and coordinate the
development and deployment of intelligent transportation
systems in the United States, as the Federal advisory
committee authorized by section 5204(h) of the Transportation
Equity Act for the 21st Century (112 Stat. 454).
``(2) Funding.--Of the amount made available to carry out
this subchapter, the Secretary may use $1,500,000 for each
fiscal year for advisory committees described in paragraph
(1).
``(3) Applicability of federal advisory committee act.--Any
advisory committee described in paragraph (1) shall be
subject to the Federal Advisory Committee Act (5 U.S.C.
App.).
``(i) Procurement Methods.--The Secretary shall develop and
provide appropriate technical assistance and guidance to
assist State and local agencies in evaluating and selecting
appropriate methods of deployment and procurement for
intelligent transportation system projects carried out using
funds made available from the Highway Trust Fund, including
innovative and nontraditional methods such as Information
Technology Omnibus Procurement (as developed by the
Secretary).
``(j) Evaluations.--
``(1) Guidelines and requirements.--
``(A) In general.--The Secretary shall issue revised
guidelines and requirements for the evaluation of operational
tests and other intelligent transportation system projects
carried out under this subchapter.
``(B) Objectivity and independence.--The guidelines and
requirements issued under subparagraph (A) shall include
provisions to ensure the objectivity and independence of the
evaluator so as to avoid any real or apparent conflict of
interest or potential influence on the outcome by--
``(i) parties to any such test; or
``(ii) any other formal evaluation carried out under this
subchapter.
``(C) Funding.--The guidelines and requirements issued
under subparagraph (A) shall establish evaluation funding
levels based on the size and scope of each test that ensure
adequate evaluation of the results of the test or project.
``(2) Special rule.--Any survey, questionnaire, or
interview that the Secretary considers necessary to carry out
the evaluation of any test or program assessment activity
under this subchapter shall not be subject to chapter 35 of
title 44.
``Sec. 525. National ITS Program Plan
``(a) In General.--
``(1) Updates.--Not later than 1 year after the date of
enactment of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2003, the Secretary, in
consultation with interested stakeholders (including State
transportation departments) shall develop a 5-year National
ITS Program Plan.
``(2) Scope.--The National ITS Program Plan shall--
``(A) specify the goals, objectives, and milestones for the
research and deployment of intelligent transportation systems
in the contexts of--
``(i) major metropolitan areas;
``(ii) smaller metropolitan and rural areas; and
``(iii) commercial vehicle operations;
``(B) specify the manner in which specific programs and
projects will achieve the goals, objectives, and milestones
referred to in subparagraph (A), including consideration of a
5-year timeframe for the goals and objectives;
``(C) identify activities that provide for the dynamic
development, testing, and necessary revision of standards and
protocols to promote and ensure interoperability in the
implementation of intelligent transportation system
technologies, including actions taken to establish standards;
and
``(D) establish a cooperative process with State and local
governments for--
``(i) determining desired surface transportation system
performance levels; and
``(ii) developing plans for accelerating the incorporation
of specific intelligent transportation system capabilities
into surface transportation systems.
``(b) Reporting.--The National ITS Program Plan shall be
transmitted and biennially updated as part of the surface
transportation research and technology development strategic
plan developed under section 508(c).
``Sec. 526. National ITS architecture and standards
``(a) In General.--
``(1) Development, implementation, and maintenance.--In
accordance with section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110
Stat. 783), the Secretary shall develop, implement, and
maintain a national ITS architecture and supporting standards
and protocols to promote the widespread use and evaluation of
intelligent transportation system technology as a component
of the surface transportation systems of the United States.
``(2) Interoperability and efficiency.--To the maximum
extent practicable, the national ITS architecture shall
promote interoperability among, and efficiency of,
intelligent transportation system technologies implemented
throughout the United States.
``(3) Use of standards development organizations.--In
carrying out this section, the Secretary shall use the
services of such standards development organizations as the
Secretary determines to be appropriate.
``(b) Provisional Standards.--
``(1) In general.--If the Secretary finds that the
development or selection of an intelligent transportation
system standard jeopardizes the timely achievement of the
objectives identified in subsection (a), the Secretary may
establish a provisional standard--
``(A) after consultation with affected parties; and
``(B) by using, to the maximum extent practicable, the work
product of appropriate standards development organizations.
``(2) Critical standards.--If a standard identified by the
Secretary as critical has not been adopted and published by
the appropriate standards development organization by the
date of enactment of this subchapter, the Secretary shall
establish a provisional standard--
``(A) after consultation with affected parties; and
``(B) by using, to the maximum extent practicable, the work
product of appropriate standards development organizations.
``(3) Period of effectiveness.--A provisional standard
established under paragraph (1) or (2) shall--
``(A) be published in the Federal Register; and
``(B) remain in effect until such time as the appropriate
standards development organization adopts and publishes a
standard.
``(c) Waiver of Requirement To Establish Provisional
Critical Standard.--
``(1) In general.--The Secretary may waive the requirement
under subsection (b)(2) to establish a provisional standard
if the Secretary determines that additional time would be
productive in, or that establishment of a provisional
standard would be counterproductive to, the timely
achievement of the objectives identified in subsection (a).
[[Page S504]]
``(2) Notice.--The Secretary shall publish in the Federal
Register a notice that describes--
``(A) each standard for which a waiver of the provisional
standard requirement is granted under paragraph (1);
``(B) the reasons for and effects of granting the waiver;
and
``(C) an estimate as to the date on which the standard is
expected to be adopted through a process consistent with
section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783).
``(3) Withdrawal of waiver.--
``(A) In general.--The Secretary may withdraw a waiver
granted under paragraph (1) at any time.
``(B) Notice.--On withdrawal of a waiver, the Secretary
shall publish in the Federal Register a notice that
describes--
``(i) each standard for which the waiver has been
withdrawn; and
``(ii) the reasons for withdrawing the waiver.
``(d) Conformity With National ITS Architecture.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the Secretary shall ensure that intelligent
transportation system projects carried out using funds made
available from the Highway Trust Fund conform to the national
ITS architecture, applicable standards or provisional
standards, and protocols developed under subsection (a).
``(2) Discretion of secretary.--The Secretary may authorize
exceptions to paragraph (1) for projects designed to achieve
specific research objectives outlined in--
``(A) the National ITS Program Plan under section 525; or
``(B) the surface transportation research and technology
development strategic plan developed under section 508(c).
``(3) Exceptions.--Paragraph (1) shall not apply to funds
used for operation or maintenance of an intelligent
transportation system in existence on the date of enactment
of this subchapter.
``Sec. 527. Commercial vehicle information systems and
networks deployment
``(a) Definitions.--In this section:
``(1) Commercial vehicle information systems and
networks.--The term `commercial vehicle information systems
and networks' means the information systems and
communications networks that provide the capability to--
``(A) improve the safety of commercial vehicle operations;
``(B) increase the efficiency of regulatory inspection
processes to reduce administrative burdens by advancing
technology to facilitate inspections and increase the
effectiveness of enforcement efforts;
``(C) advance electronic processing of registration
information, driver licensing information, fuel tax
information, inspection and crash data, and other safety
information;
``(D) enhance the safe passage of commercial vehicles
across the United States and across international borders;
and
``(E) promote the communication of information among the
States and encourage multistate cooperation and corridor
development.
``(2) Commercial vehicle operations.--
``(A) In general.--The term `commercial vehicle operations'
means motor carrier operations and motor vehicle regulatory
activities associated with the commercial movement of goods
(including hazardous materials) and passengers.
``(B) Inclusions.--The term `commercial vehicle
operations', with respect to the public sector, includes--
``(i) the issuance of operating credentials;
``(ii) the administration of motor vehicle and fuel taxes;
and
``(iii) the administration of roadside safety and border
crossing inspection and regulatory compliance operations.
``(3) Core deployment.--The term `core deployment' means
the deployment of systems in a State necessary to provide the
State with--
``(A) safety information exchange to--
``(i) electronically collect and transmit commercial
vehicle and driver inspection data at a majority of
inspection sites;
``(ii) connect to the Safety and Fitness Electronic Records
system for access to--
``(I) interstate carrier and commercial vehicle data;
``(II) summaries of past safety performance; and
``(III) commercial vehicle credentials information; and
``(iii) exchange carrier data and commercial vehicle safety
and credentials information within the State and connect to
Safety and Fitness Electronic Records system for access to
interstate carrier and commercial vehicle data;
``(B) interstate credentials administration to--
``(i)(I) perform end-to-end (including carrier application)
jurisdiction application processing, and credential issuance,
of at least the International Registration Plan and
International Fuel Tax Agreement credentials; and
``(II) extend the processing to other credentials,
including intrastate, titling, oversize or overweight
requirements, carrier registration, and hazardous materials;
``(ii) connect to the International Registration Plan and
International Fuel Tax Agreement clearinghouses; and
``(iii)(I) have at least 10 percent of the transaction
volume handled electronically; and
``(II) have the capability to add more carriers and to
extend to branch offices where applicable; and
``(C) roadside electronic screening to electronically
screen transponder-equipped commercial vehicles at a minimum
of 1 fixed or mobile inspection site and to replicate the
screening at other sites.
``(4) Expanded deployment.--The term `expanded deployment'
means the deployment of systems in a State that--
``(A) exceed the requirements of a core deployment of
commercial vehicle information systems and networks;
``(B) improve safety and the productivity of commercial
vehicle operations; and
``(C) enhance transportation security.
``(b) Program.--The Secretary shall carry out a commercial
vehicle information systems and networks program to--
``(1) improve the safety and productivity of commercial
vehicles and drivers; and
``(2) reduce costs associated with commercial vehicle
operations and Federal and State commercial vehicle
regulatory requirements.
``(c) Purpose.--It is the purpose of the program to advance
the technological capability and promote the deployment of
intelligent transportation system applications for commercial
vehicle operations, including commercial vehicle, commercial
driver, and carrier-specific information systems and
networks.
``(d) Core Deployment Grants.--
``(1) In general.--The Secretary shall make grants to
eligible States for the core deployment of commercial vehicle
information systems and networks.
``(2) Eligibility.--To be eligible for a core deployment
grant under this subsection, a State shall--
``(A) have a commercial vehicle information systems and
networks program plan and a top level system design approved
by the Secretary;
``(B) certify to the Secretary that the commercial vehicle
information systems and networks deployment activities of the
State (including hardware procurement, software and system
development, and infrastructure modifications)--
``(i) are consistent with the national intelligent
transportation systems and commercial vehicle information
systems and networks architectures and available standards;
and
``(ii) promote interoperability and efficiency, to the
maximum extent practicable; and
``(C) agree to execute interoperability tests developed by
the Federal Motor Carrier Safety Administration to verify
that the systems of the State conform with the national
intelligent transportation systems architecture, applicable
standards, and protocols for commercial vehicle information
systems and networks.
``(3) Amount of grants.--The maximum aggregate amount a
State may receive under this subsection for the core
deployment of commercial vehicle information systems and
networks may not exceed $2,500,000, including funds received
under section 2001(a) of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003 for the core
deployment of commercial vehicle information systems and
networks.
``(4) Use of funds.--
``(A) In general.--Subject to subparagraph (B), funds from
a grant under this subsection may only be used for the core
deployment of commercial vehicle information systems and
networks.
``(B) Remaining funds.--An eligible State that has
completed the core deployment of commercial vehicle
information systems and networks, or completed the deployment
before core deployment grant funds are expended, may use the
remaining core deployment grant funds for the expanded
deployment of commercial vehicle information systems and
networks in the State.
``(e) Expanded Deployment Grants.--
``(1) In general.--For each fiscal year, from the funds
remaining after the Secretary has made core deployment grants
under subsection (d), the Secretary may make grants to each
eligible State, on request, for the expanded deployment of
commercial vehicle information systems and networks.
``(2) Eligibility.--Each State that has completed the core
deployment of commercial vehicle information systems and
networks shall be eligible for an expanded deployment grant.
``(3) Amount of grants.--Each fiscal year, the Secretary
may distribute funds available for expanded deployment grants
equally among the eligible States in an amount that does not
exceed $1,000,000 for each State.
``(4) Use of funds.--A State may use funds from a grant
under this subsection only for the expanded deployment of
commercial vehicle information systems and networks.
``(f) Federal Share.--The Federal share of the cost of a
project payable from funds made available to carry out this
section shall be the share applicable under section 120(b),
as adjusted under subsection (d) of that section.
``(g) Funding.--Funds authorized to be appropriated to
carry out this section shall be available for obligation in
the same manner and to the same extent as if the funds were
apportioned under chapter 1, except that the funds shall
remain available until expended.
``Sec. 528. Research and development
``(a) In General.--The Secretary shall carry out a
comprehensive program of intelligent transportation system
research, development, and operational tests of intelligent
vehicles and intelligent infrastructure systems, and other
similar activities that are necessary to carry out this
subchapter.
``(b) Priority Areas.--Under the program, the Secretary
shall give priority to funding projects that--
``(1) assist in the development of an interconnected
national intelligent transportation system network that--
``(A) improves the reliability of the surface
transportation system;
``(B) supports national security;
``(C) reduces, by at least 20 percent, the cost of
manufacturing, deploying, and operating intelligent
transportation systems network components;
``(D) could assist in deployment of the Armed Forces in
response to a crisis; and
``(E) improves response to, and evacuation of the public
during, an emergency situation;
``(2) address traffic management, incident management,
transit management, toll collection
[[Page S505]]
traveler information, or highway operations systems with
goals of--
``(A) reducing metropolitan congestion by 5 percent by
2010;
``(B) ensuring that a national, interoperable 511 system,
along with a national traffic information system that
includes a user-friendly, comprehensive website, is fully
implemented for use by travelers throughout the United States
by September 30, 2010; and
``(C)(i) improving incident management response,
particularly in rural areas, so that rural emergency response
times are reduced by an average of 10 minutes; and
``(ii) subject to subsection (d), improving communication
between emergency care providers and trauma centers;
``(3) address traffic management, incident management,
transit management, toll collection, traveler information, or
highway operations systems;
``(4) conduct operational tests of the integration of at
least 3 crash-avoidance technologies in passenger vehicles;
``(5) incorporate human factors research, including the
science of the driving process;
``(6) facilitate the integration of intelligent
infrastructure, vehicle, and control technologies;
``(7) incorporate research on the impact of environmental,
weather, and natural conditions on intelligent transportation
systems, including the effects of cold climates;
``(8) as determined by the Secretary, will improve the
overall safety performance of vehicles and roadways,
including the use of real-time setting of speed limits
through the use of speed management technology;
``(9) examine--
``(A) the application to intelligent transportation systems
of appropriately modified existing technologies from other
industries; and
``(B) the development of new, more robust intelligent
transportation systems technologies and instrumentation;
``(10) develop and test communication technologies that--
``(A) are based on an assessment of the needs of officers
participating in a motor carrier safety program funded under
section 31104 of title 49;
``(B) take into account the effectiveness and adequacy of
available technology;
``(C) address systems integration, connectivity, and
interoperability challenges; and
``(D) provide the means for officers participating in a
motor carrier safety program funded under section 31104 of
title 49 to directly assess, without an intermediary, current
and accurate safety and regulatory information on motor
carriers, commercial motor vehicles and drivers at roadside
or mobile inspection facilities;
``(11) enhance intermodal use of intelligent transportation
systems for diverse groups, including for emergency and
health-related services;
``(12) improve sensing and wireless communications that
provide real-time information regarding congestion and
incidents;
``(13) develop and test high-accuracy, lane-level, real-
time accessible digital map architectures that can be used by
intelligent vehicles and intelligent infrastructure elements
to facilitate safety and crash avoidance (including
establishment of national standards for an open-architecture
digital map of all public roads that is compatible with
electronic 9-1-1 services);
``(14) encourage the dual-use of intelligent transportation
system technologies (such as wireless communications) for--
``(A) emergency services;
``(B) road pricing; and
``(C) local economic development; and
``(15) advance the use of intelligent transportation
systems to facilitate high-performance transportation
systems, such as through--
``(A) congestion-pricing;
``(B) real-time facility management;
``(C) rapid-emergency response; and
``(D) just-in-time transit.
``(c) Operational Tests.--Operational tests conducted under
this section shall be designed for--
``(1) the collection of data to permit objective evaluation
of the results of the tests;
``(2) the derivation of cost-benefit information that is
useful to others contemplating deployment of similar systems;
and
``(3) the development and implementation of standards.
``(d) Federal Share.--The Federal share of the costs of
operational tests under subsection (a) shall not exceed 80
percent.
``Sec. 529. Use of funds
``(a) In General.--For each fiscal year, not more than
$5,000,000 of the funds made available to carry out this
subchapter shall be used for intelligent transportation
system outreach, public relations, displays, tours, and
brochures.
``(b) Applicability.--Subsection (a) shall not apply to
intelligent transportation system training, scholarships, or
the publication or distribution of research findings,
technical guidance, or similar documents.''.
(b) Conforming Amendment.--Title V of the Transportation
Equity Act for the 21st Century is amended by striking
subtitle C (23 U.S.C. 502 note; 112 Stat. 452).
TITLE III--INTERMODAL PASSENGER FACILITIES
SEC. 3001. INTERMODAL PASSENGER FACILITIES.
(a) In General.--Chapter 55 of title 49, United States
Code, is amended by adding the following at the end:
``SUBCHAPTER III--INTERMODAL PASSENGER FACILITIES
Sec. 5571. Policy and purposes
``(a) Development and Enhancement of Intermodal Passenger
Facilities.--It is in the economic interest of the United
States to improve the efficiency of public surface
transportation modes by ensuring their connection with and
access to intermodal passenger terminals, thereby
streamlining the transfer of passengers among modes,
enhancing travel options, and increasing passenger
transportation operating efficiencies.
``(b) General Purposes.--The purposes of this subchapter
are to accelerate intermodal integration among North
America's passenger transportation modes through--
``(1) ensuring intercity public transportation access to
intermodal passenger facilities;
``(2) encouraging the development of an integrated system
of public transportation information; and
``(3) providing intercity bus intermodal passenger facility
grants.
Sec. 5572. Definitions
``In this subchapter--
``(1) `capital project' means a project for--
``(A) acquiring, constructing, improving, or renovating an
intermodal facility that is related physically and
functionally to intercity bus service and establishes or
enhances coordination between intercity bus service and
transportation, including aviation, commuter rail, intercity
rail, public transportation, seaports, and the National
Highway System, such as physical infrastructure associated
with private bus operations at existing and new intermodal
facilities, including special lanes, curb cuts, ticket kiosks
and counters, baggage and package express storage, employee
parking, office space, security, and signage; and
``(B) establishing or enhancing coordination between
intercity bus service and transportation, including aviation,
commuter rail, intercity rail, public transportation, and the
National Highway System through an integrated system of
public transportation information.
``(2) `commuter service' means service designed primarily
to provide daily work trips within the local commuting area.
``(3) `intercity bus service' means regularly scheduled bus
service for the general public which operates with limited
stops over fixed routes connecting two or more urban areas
not in close proximity, which has the capacity for
transporting baggage carried by passengers, and which makes
meaningful connections with scheduled intercity bus service
to more distant points, if such service is available and may
include package express service, if incidental to passenger
transportation, but does not include air, commuter, water or
rail service.
``(4) `intermodal passenger facility' means passenger
terminal that does, or can be modified to, accommodate
several modes of transportation and related facilities,
including some or all of the following: intercity rail,
intercity bus, commuter rail, intracity rail transit and bus
transportation, airport limousine service and airline ticket
offices, rent-a-car facilities, taxis, private parking, and
other transportation services.
``(5) `local governmental authority' includes--
``(A) a political subdivision of a State;
``(B) an authority of at least one State or political
subdivision of a State;
``(C) an Indian tribe; and
``(D) a public corporation, board, or commission
established under the laws of the State.
``(6) `owner or operator of a public transportation
facility' means an owner or operator of intercity-rail,
intercity-bus, commuter-rail, commuter-bus, rail-transit,
bus-transit, or ferry services.
``(7) `recipient' means a State or local governmental
authority or a nonprofit organization that receives a grant
to carry out this section directly from the Federal
government.
``(8) `Secretary' means the Secretary of Transportation.
``(9) `State' means a State of the United States, the
District of Columbia, Puerto Rico, the Northern Mariana
Islands, Guam, American Samoa, and the Virgin Islands.
``(10) `urban area' means an area that includes a
municipality or other built-up place that the Secretary,
after considering local patterns and trends of urban growth,
decides is appropriate for a local public transportation
system to serve individuals in the locality.
``Sec. 5573. Assurance of access to intermodal passenger
facilities
``Intercity buses and other modes of transportation shall,
to the maximum extent practicable, have access to publicly
funded intermodal passenger facilities, including those
passenger facilities seeking funding under section 5574.
``Sec. 5574. Intercity bus intermodal passenger facility
grants
``(a) General Authority.--The Secretary of Transportation
may make grants under this section to recipients in financing
a capital project, as defined in section 5572 of this
chapter, only if the Secretary finds that the proposed
project is justified and has adequate financial commitment.
``(b) Competitive Grant Selection.--The Secretary shall
conduct a national solicitation for applications for grants
under this section. Grantees shall be selected on a
competitive basis.
``(c) Share of Net Project Costs.--A grant shall not exceed
50 percent of the net project cost, as determined by the
Secretary.
``(d) Regulations.--The Secretary may promulgate such
regulations as are necessary to carry out this section.
``Sec. 5575. Funding
``(a) Highway Account.--
``(1) There is authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this subchapter $10,000,000 for each of fiscal
years 2005 through 2009.
``(2) The funding made available under paragraph (1) of
this subsection shall be available for obligation in the same
manner as if such
[[Page S506]]
funds were apportioned under chapter 1 of title 23 and shall
be subject to any obligation limitation imposed on funds for
Federal-aid highways and highway safety construction
programs.
``(b) Period of Availability.--Amounts made available by
subsection (a) of this section shall remain available until
expended.''.
(b) Conforming Amendment.--The analysis for chapter 55 of
title 49, United States Code, is amended by adding at the end
the following:
``Subchapter III--Intermodal Passenger Facilities
Sec.
``5571. Policy and Purposes.
``5572. Definitions.
``5573. Assurance of access to intermodal facilities.
``5574. Intercity bus intermodal facility grants.
``5575. Funding.''.
TITLE IV--FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS
SEC. 4001. AMENDMENT OF FEDERAL AID IN FISH RESTORATION ACT.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Act entitled ``An Act to provide that
the United States shall aid the States in fish restoration
and management projects, and for other purposes,'' approved
August 9, 1950 (64 Stat. 430; 16 U.S.C. 777 et seq.).
SEC. 4002. AUTHORIZATION OF APPROPRIATIONS.
Section 3 (16 U.S.C. 777b) is amended--
(1) by striking ``the succeeding fiscal year.'' in the
third sentence and inserting ``succeeding fiscal years.'';
and
(2) by striking ``in carrying on the research program of
the Fish and Wildlife Service in respect to fish of material
value for sport and recreation.'' and inserting ``to
supplement the 55.3 percent of each annual appropriation to
be apportioned among the States, as provided for in section
4(b) of this Act.''.
SEC. 4003. DIVISION OF ANNUAL APPROPRIATIONS.
Section 4 (16 U.S.C. 777c) is amended--
(1) by striking subsections (a) through (d) and
redesignating subsections (e), (f), and (g) as subsections
(b), (c), and (d);
(2) by inserting before subsection (b), as redesignated,
the following:
``(a) In General.--For fiscal years 2004 through 2009, each
annual appropriation made in accordance with the provisions
of section 3 of this Act shall be distributed as follows:
``(1) Coastal wetlands.--18 percent to the Secretary of the
Interior for distribution as provided in the Coastal Wetlands
Planning, Protection, and Restoration Act (16 U.S.C. 3951 et
seq.).
``(2) Boating safety.--18 percent to the Secretary of
Homeland Security for State recreational boating safety
programs under section 13106 of title 46, United States Code.
``(3) Clean vessel act.--1.9 percent to the Secretary of
the Interior for qualified projects under section 5604(c) of
the Clean Vessel Act of 1992 (33 U.S.C. 1322 note).
``(4) Boating infrastructure.--1.9 percent to the Secretary
of the Interior for obligation for qualified projects under
section 7404(d) of the Sportfishing and Boating Safety Act of
1998 (16 U.S.C. 777g-1(d)).
``(5) National outreach and communications.--1.9 percent to
the Secretary of the Interior for the National Outreach and
Communications Program under section 8(d) of this Act. Such
amounts shall remain available for 3 fiscal years, after
which any portion thereof that is unobligated by the
Secretary for that program may be expended by the Secretary
under subsection (b) of this section.
``(6) Set-aside for expenses for administration of this
chapter.--
``(A) In general.--2.1 percent to the Secretary of the
Interior for expenses for administration incurred in
implementation of this Act, in accordance with this section,
section 9, and section 14 of this Act.
``(B) Apportionment of unobligated funds.--If any portion
of the amount made available to the Secretary under
subparagraph (A) remains unexpended and unobligated at the
end of a fiscal year, that portion shall be apportioned among
the States, on the same basis and in the same manner as other
amounts made available under this Act are apportioned among
the States under subsection (b) of this section, within 60
days after the end of that fiscal year. Any amount
apportioned among the States under this subparagraph shall be
in addition to any amounts otherwise available for
apportionment among the States under subsection (b) for the
fiscal year.'';
(3) by striking ``of the Interior, after the distribution,
transfer, use, and deduction under subsections (a), (b), (c),
and (d), respectively, and after deducting amounts used for
grants under section 14, shall apportion the remainder'' in
subsection (b), as redesignated, and inserting ``shall
apportion 55.3 percent'';
(4) by striking ``per centum'' each place it appears in
subsection (b), as redesignated, and inserting ``percent'';
(5) by striking ``subsections (a), (b)(3)(A), (b)(3)(B),
and (c)'' in paragraph (1) of subsection (d), as
redesignated, and inserting ``paragraphs (1), (3), (4), and
(5) of subsection (a)''; and
(6) by adding at the end the following:
``(e) Transfer of Certain Funds.--Amounts available under
paragraphs (3) and (4) of subsection (a) that are unobligated
by the Secretary after 3 fiscal years shall be transferred to
the Secretary of Homeland Security and shall be expended for
State recreational boating safety programs under section
13106(a) of title 46, United States Code.''.
SEC. 4004. MAINTENANCE OF PROJECTS.
Section 8 (16 U.S.C. 777g) is amended--
(1) by striking ``in carrying out the research program of
the Fish and Wildlife Service in respect to fish of material
value for sport or recreation.'' in subsection (b)(2) and
inserting ``to supplement the 55.3 percent of each annual
appropriation to be apportioned among the States under
section 4(b) of this Act.''; and
(2) by striking ``subsection (c) or (d) of section 4'' in
subsection (d)(3) and inserting ``paragraph (5) or (6) of
section 4(a)''.
SEC. 4005. BOATING INFRASTRUCTURE.
Section 7404(d)(1) of the Sportfishing and Boating Safety
Act of 1998 (16 U.S.C. 777g-1(d)(1)) is amended by striking
``section 4(b)(3)(B)'' and inserting ``section 4(a)(4)''.
SEC. 4006. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF
AMOUNTS FOR EXPENSES FOR ADMINISTRATION.
Section 9 (16 U.S.C. 777h) is amended--
(1) by striking ``section 4(d)(1)'' in subsection (a) and
inserting ``section 4(a)(6)''; and
(2) by striking ``section 4(d)(1)'' in subsection (b)(1)
and inserting ``section 4(a)(6)''.
SEC. 4007. PAYMENTS OF FUNDS TO AND COOPERATION WITH PUERTO
RICO, THE DISTRICT OF COLUMBIA, GUAM, AMERICAN
SAMOA, COMMONWEALTH OF THE NORTHERN MARINA
ISLANDS, AND VIRGIN ISLANDS.
Section 12 (16 U.S.C. 777k) is amended by striking ``in
carrying on the research program of the Fish and Wildlife
Service in respect to fish of material value for sport or
recreation.'' and inserting ``to supplement the 55.3 percent
of each annual appropriation to be apportioned among the
States under section 4(b) of this Act.''.
SEC. 4008. MULTISTATE CONSERVATION GRANT PROGRAM.
Section 14 (16 U.S.C. 777m) is amended--
(1) by striking so much of subsection (a) as precedes
paragraph (2) and inserting the following:
``(a) In General.--
``(1) Amount for grants.--For each of fiscal years 2004
through 2009, 0.9 percent of each annual appropriation made
in accordance with the provisions of section 3 of this Act
shall be distributed to the Secretary of the Interior for
making multistate conservation project grants in accordance
with this section.'';
(2) by striking ``section 4(e)'' each place it appears in
subsection (a)(2)(B) and inserting ``section 4(b)''; and
(3) by striking ``Of the balance of each annual
appropriation made under section 3 remaining after the
distribution and use under subsections (a), (b), and (c) of
section 4 for each fiscal year and after deducting amounts
used for grants under subsection (a)--'' in subsection (e)
and inserting ``Of amounts made available under section
4(a)(6) for each fiscal year--''.
The PRESIDING OFFICER. The Senator from Oklahoma is recognized.
Mr. INHOFE. As chairman of the EPW Committee and with the concurrence
of the majority of the committee, I ask unanimous consent that the
committee amendment be modified with the changes at the desk.
The PRESIDING OFFICER. Without objection, the amendment is so
modified.
The modification to the reported committee substitute is as follows:
Beginning on page 672, strike line 13 and all that follows
through page 678, line 5, and insert the following:
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
The following sums are authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account):
(1) Interstate maintenance program.--For the Interstate
maintenance program under section 119 of title 23, United
States Code--
(A) $5,442,371,792 for fiscal year 2004;
(B) $6,425,168,342 for fiscal year 2005;
(C) $6,683,176,289 for fiscal year 2006;
(D) $6,702,365,186 for fiscal year 2007;
(E) $7,036,621,314 for fiscal year 2008; and
(F) $7,139,130,081 for fiscal year 2009.
(2) National highway system.--For the National Highway
System under section 103 of that title--
(A) $6,580,322,257 for fiscal year 2004;
(B) $7,801,990,130 for fiscal year 2005;
(C) $8,111,641,450 for fiscal year 2006;
(D) $8,134,931,791 for fiscal year 2007;
(E) $8,540,631,977 for fiscal year 2008; and
(F) $8,664,991,297 for fiscal year 2009.
(3) Bridge program.--For the bridge program under section
144 of that title--
(A) $4,650,754,076 for fiscal year 2004;
(B) $5,507,287,150 for fiscal year 2005;
(C) $5,713,860,644 for fiscal year 2006;
(D) $5,730,266,418 for fiscal year 2007;
(E) $6,016,042,650 for fiscal year 2008; and
(F) $6,103,714,622 for fiscal year 2009.
(4) Surface transportation program.--For the surface
transportation program under section 133 of that title--
(A) $6,877,178,900 for fiscal year 2004;
(B) $8,107,950,527 for fiscal year 2005;
(C) $8,417,741,127 for fiscal year 2006;
(D) $8,441,910,349 for fiscal year 2007;
(E) $8,862,919,976 for fiscal year 2008; and
(F) $8,992,134,975 for fiscal year 2009.
(5) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program under section 149 of that title--
(A) $1,880,092,073 for fiscal year 2004;
(B) $2,192,716,180 for fiscal year 2005;
(C) $2,270,239,273 for fiscal year 2006;
(D) $2,276,757,639 for fiscal year 2007;
(E) $2,390,302,660 for fiscal year 2008; and
(F) $2,425,236,569 for fiscal year 2009.
[[Page S507]]
(6) Highway safety improvement program.--For the highway
safety improvement program under section 148 of that title--
(A) $1,187,426,572 for fiscal year 2004;
(B) $1,325,828,388 for fiscal year 2005;
(C) $1,377,448,548 for fiscal year 2006;
(D) $1,381,403,511 for fiscal year 2007;
(E) $1,450,295,996 for fiscal year 2008; and
(F) $1,471,607,029 for fiscal year 2009.
(7) Appalachian development highway system program.--For
the Appalachian development highway system program under
section 170 of that title, $590,000,000 for each of fiscal
years 2004 through 2009.
(8) Recreational trails program.--For the recreational
trails program under section 206 of that title, $60,000,000
for each of fiscal years 2004 through 2009.
(9) Federal lands highways program.--
(A) Indian reservation roads.--For Indian reservation roads
under section 204 of that title--
(i) $300,000,000 for fiscal year 2004;
(ii) $325,000,000 for fiscal year 2005;
(iii) $350,000,000 for fiscal year 2006;
(iv) $375,000,000 for fiscal year 2007;
(v) $400,000,000 for fiscal year 2008; and
(vi) $425,000,000 for fiscal year 2009.
(B) Recreation roads.--For recreation roads under section
204 of that title, $50,000,000 for each of fiscal years 2004
through 2009.
(C) Park roads and parkways.--For park roads and parkways
under section 204 of that title--
(i) $300,000,000 for fiscal year 2004;
(ii) $310,000,000 for fiscal year 2005; and
(iii) $320,000,000 for each of fiscal years 2006 through
2009.
(D) Refuge roads.--For refuge roads under section 204 of
that title, $30,000,000 for each of fiscal years 2004 through
2009.
(E) Public lands highways.--For Federal lands highways
under section 204 of that title, $300,000,000 for each of
fiscal years 2004 through 2009.
(F) Safety.--For safety under section 204 of that title,
$40,000,000 for each of fiscal years 2004 through 2009.
(10) Multistate corridor program.--For the multistate
corridor program under section 171 of that title--
(A) $112,500,000 for fiscal year 2004;
(B) $135,000,000 for fiscal year 2005;
(C) $157,500,000 for fiscal year 2006;
(D) $180,000,000 for fiscal year 2007;
(E) $202,500,000 for fiscal year 2008; and
(F) $225,000,000 for fiscal year 2009.
(11) Border planning, operations, and technology program.--
For the border planning, operations, and technology program
under section 172 of that title--
(A) $112,500,000 for fiscal year 2004;
(B) $135,000,000 for fiscal year 2005;
(C) $157,500,000 for fiscal year 2006;
(D) $180,000,000 for fiscal year 2007;
(E) $202,500,000 for fiscal year 2008; and
(F) $225,000,000 for fiscal year 2009.
(12) National scenic byways program.--For the national
scenic byways program under section 162 of that title--
(A) $34,000,000 for fiscal year 2004;
(B) $35,000,000 for fiscal year 2005;
(C) $36,000,000 for fiscal year 2006;
(D) $37,000,000 for fiscal year 2007; and
(E) $39,000,000 for each of fiscal years 2008 and 2009.
(13) Infrastructure performance and maintenance program.--
For carrying out the infrastructure performance and
maintenance program under section 139 of that title--
(A) $2,500,000,000 for each of fiscal years 2004 through
2006;
(B) $1,750,000,000,000 for fiscal year 2007.
(14) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry
terminal facilities under section 147 of that title,
$38,000,000 for each of fiscal years 2004 through 2009.
(15) Commonwealth of puerto rico highway program.--For the
Commonwealth of Puerto Rico highway program under section 173
of that title--
(A) $140,000,000 for fiscal year 2004;
(B) $145,000,000 for fiscal year 2005;
(C) $149,000,000 for fiscal year 2006;
(D) $154,000,000 for fiscal year 2007;
(E) $160,000,000 for fiscal year 2008; and
(F) $163,000,000 for fiscal year 2009.
On page 678, strike lines 6 and 7 and insert the following:
SEC. 1102. OBLIGATION CEILING.
(a) General Limitation.--Subject to subsections (g) and
(h), and notwithstanding any other provision of law, the
obligations for Federal-aid highway and highway safety
construction programs shall not exceed--
(1) $33,643,326,300 for fiscal year 2004;
(2) $37,900,000,000 for fiscal year 2005;
(3) $39,100,000,000 for each of fiscal years 2006 and 2007;
(4) $39,400,000,000 for fiscal year 2008; and
(5) $44,400,000,000 for fiscal year 2009.
(b) Exceptions.--The limitations under subsection (a) shall
not apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981
(Public Law 97-134; 95 Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (Public Law 97-424; 96
Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(Public Law 100-17; 101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240;
105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2003, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (Public Law 105-178; 112 Stat. 107)
or subsequent public laws for multiple years or to remain
available until used, but only to the extent that the
obligation authority has not lapsed or been used; and
(10) section 105 of title 23, United States Code (but, for
each of fiscal years 2004 through 2009, only in an amount
equal to $639,000,000 per fiscal year).
(c) Distribution of Obligation Authority.--For each of
fiscal years 2004 through 2009, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
(B) programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States
Code; and
(C) amounts authorized for the highway use tax evasion
program and the Bureau of Transportation Statistics;
(2) shall 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) shall determine the ratio that--
(A) the obligation authority provided by subsection (a) for
the 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
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (9) 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)(10) for the fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2);
(4) shall distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed
under paragraphs (1) and (2), for section 14501 of title 40,
United States Code, so that the amount of obligation
authority available for that section is equal to the amount
determined by multiplying--
(A) the ratio determined under paragraph (3); by
(B) the sums authorized to be appropriated for that section
for the fiscal year;
(5) shall distribute among the States the obligation
authority provided by subsection (a), less the aggregate
amounts not distributed under paragraphs (1) and (2), for
each of the programs that are allocated by the Secretary
under this Act and title 23, United States Code (other than
to programs to which paragraph (1) applies), by multiplying--
(A) the ratio determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for the fiscal year; and
(6) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2) and the amounts distributed
under paragraphs (4) and (5), for Federal-aid highway and
highway safety construction programs (other than the amounts
apportioned for the equity bonus program, but only to the
extent that the amounts apportioned for the equity bonus
program for the fiscal year are greater than $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) amounts authorized to be appropriated for the programs
that are apportioned to each State for the fiscal year; bear
to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned to all States for the
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--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 104 and 144 of title 23, United States Code.
(e) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply
to contract authority for transportation research programs
carried out under--
[[Page S508]]
(A) chapter 5 of title 23, United States Code; and
(B) title II of this Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 3 fiscal years; and
(B) 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.
(f) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for
each of fiscal years 2004 through 2009, the Secretary shall
distribute to the States any funds that--
(A) are authorized to be appropriated for the fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States, and will not be available for obligation, in the
fiscal year due to the imposition of any obligation
limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (c)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purpose 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 the provision
specified in subsection (c)(4) shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) 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) Adjustment in Obligation Limit.--
(1) In general.--A limitation on obligations imposed by
subsection (a) for a fiscal year shall be adjusted by an
amount equal to the amount determined in accordance with
section 251(b)(1)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(A)(B)) for the
fiscal year.
(2) Distribution.--An adjustment under paragraph (1) 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) $450,000,000 for fiscal year 2004;
(2) $465,000,000 for fiscal year 2005;
(3) $480,000,000 for fiscal year 2006;
(4) $495,000,000 for fiscal year 2007;
(5) $510,000,000 for fiscal year 2008; and
(6) $525,000,000 for fiscal year 2009.
Beginning on page 681, strike line 7 and all that follows
through page 683, line 4, and insert the following:
SEC. 1104. EQUITY BONUS PROGRAM.
(a) In General.--Section 105 of title 23, United States
Code, is amended to read as follows:
``Sec. 105. Equity bonus program
``(a) Program.--
``(1) In general.--Subject to subsections (c) and (d), for
each of fiscal years 2004 through 2009, the Secretary shall
allocate among the States amounts sufficient to ensure that
no State receives a percentage of the total apportionments
for the fiscal year for the programs specified in paragraph
(2) that is less than the percentage calculated under
subsection (b).
``(2) Specific programs.--The programs referred to in
subsection (a) are--
``(A) the Interstate maintenance program under section 119;
``(B) the national highway system program under section
103;
``(C) the bridge program under section 144;
``(D) the surface transportation program under section 133;
``(E) the highway safety improvement program under section
148;
``(F) the congestion mitigation and air quality improvement
program under section 149;
``(G) metropolitan planning programs under section 104(f)
(other than planning programs funded by amounts provided
under the equity bonus program under this section);
``(H) the infrastructure performance and maintenance
program under section 139;
``(I) the equity bonus program under this section;
``(J) the Appalachian development highway system program
under subtitle IV of title 40;
``(K) the recreational trails program under section 206;
``(L) the safe routes to schools program under section 150;
and
``(M) the rail-highway grade crossing program under section
130.
``(b) State Percentage.--
``(1) In general.--The percentage referred to in subsection
(a) for each State shall be--
``(A) 95 percent of the quotient obtained by dividing--
``(i) the estimated tax payments attributable to highway
users in the State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the most recent fiscal year
for which data are available; by
``(ii) the estimated tax payments attributable to highway
users in all States paid into the Highway Trust Fund (other
than the Mass Transit Account) for the fiscal year; or
``(B) for a State with a total population density of less
than 20 persons per square mile, as reported in the decennial
census conducted by the Federal Government in 2000, a total
population of less than 1,000,000, as reported in that
decennial census, or a median household income of less than
$35,000, as reported in that decennial census, the greater
of--
``(i) the percentage under paragraph (1); or
``(ii) the average percentage of the State's share of total
apportionments for the period of fiscal years 1998 through
2003 for the programs specified in paragraph (2).
``(2) Specific programs.--The programs referred to in
paragraph (1)(B)(ii) are (as in effect on the day before the
date of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2003)--
``(A) the Interstate maintenance program under section 119;
``(B) the national highway system program under section
103;
``(C) the bridge program under section 144;
``(D) the surface transportation program under section 133;
``(E) the recreational trails program under section 206;
``(F) the high priority projects program under section 117;
``(G) the minimum guarantee provided under this section;
``(H) revenue aligned budget authority amounts provided
under section 110;
``(I) the congestion mitigation and air quality improvement
program under section 149;
``(J) the Appalachian development highway system program
under subtitle IV of title 40; and
``(K) metropolitan planning programs under section 104(f).
``(c) Special Rules.--
``(1) Minimum combined allocation.--For each fiscal year,
before making the allocations under subsection (a)(1), the
Secretary shall allocate among the States amounts sufficient
to ensure that no State receives a combined total of amounts
allocated under subsection (a)(1), apportionments for the
programs specified in subsection (a)(2), and amounts
allocated under this subsection, that is less than 110
percent of the average for fiscal years 1998 through 2003 of
the annual apportionments for the State for all programs
specified in subsection (b)(2).
``(2) No negative adjustment.--Notwithstanding subsection
(d), no negative adjustment shall be made under subsection
(a)(1) to the apportionment of any State.
``(3) Minimum share of tax payments.--Notwithstanding
subsection (d), for each fiscal year, the Secretary shall
allocate among the States amounts sufficient to ensure that
no State receives a percentage of apportionments for the
fiscal year for the programs specified in subsection (a)(2)
that is less than 90.5 percent of the percentage share of the
State of estimated tax payments attributable to highway users
in the State paid into the Highway Trust Fund (other than the
Mass Transit Account) in the most recent fiscal year for
which data are available.
``(d) Limitation on Adjustments.--
``(1) In general.--Except as provided in paragraphs (2) and
(3) of subsection (c), no State shall receive, for any fiscal
year, additional amounts under subsection (a)(1) if--
``(A) the total apportionments of the State for the fiscal
year for the programs specified in subsection (a)(2); exceed
``(B) the percentage of the average, for the period of
fiscal years 1998 through 2003, of the annual apportionments
of the State for all programs specified in subsection (b)(2),
as specified in paragraph (2).
``(2) Percentages.--The percentages referred to in
paragraph (1)(B) are--
``(A) fiscal year 2004, 120 percent;
``(B) fiscal year 2005, 130 percent;
``(C) fiscal year 2006, 134 percent;
``(D) fiscal year 2007, 137 percent;
``(E) fiscal year 2008, 145 percent; and
``(F) fiscal year 2009, 250 percent.
``(e) Programmatic Distribution of Funds.--The Secretary
shall apportion the amounts made available under this section
so that the amount apportioned to each State under this
section for each program referred to in subparagraphs (A)
through (G) of subsection (a)(2) is equal to the amount
determined by multiplying the amount to be apportioned under
this section by the proportion that--
``(1) the amount of funds apportioned to each State for
each program referred to in subparagraphs (A) through (G) of
subsection (a)(2) for a fiscal year; bears to
``(2) the total amount of funds apportioned to each State
for all such programs for the fiscal year.
``(f) Metro Planning Set Aside.--Notwithstanding section
104(f), no set aside provided for under that section shall
apply to funds allocated under this section.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) such sums as are
necessary to carry out this section for each of fiscal years
2004 through 2009.''
(b) Conforming Amendments.--
(1) The analysis for subchapter I of chapter 1 of title 23,
United States Code, is amended by striking the item relating
to section 105 and inserting the following:
``105. Equity bonus program.''
(2) Section 104(a)(1) of title 23, United States Code, is
amended by striking ``minimum guarantee'' and inserting
``equity bonus''.
On page 683, strike lines 8 through 16 and insert the
following:
[[Page S509]]
(1) in subsection (a)--
(A) in paragraphs (1) and (2), by striking ``2000'' and
inserting ``2006'';
(B) in paragraph (1), by inserting ``(as in effect on
September 30, 2002)'' after ``(2 U.S.C.
901(b)(2)(B)(ii)(I)(cc))''; and
(C) in paragraph (2)--
(i) by striking ``If the amount'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
if the amount'';
(ii) by inserting ``(as in effect on September 30, 2002)''
after ``(2 U.S.C. 901(b)(1)(B)(ii)(I)(cc)'';
(iii) by striking ``the succeeding'' and inserting
``that'';
(iv) by striking ``and the motor carrier safety grant
program''; and
(v) by adding at the end the following:
``(B) Limitation.--No reduction under subparagraph (A)
shall be made for a fiscal year if, as of October 1 of the
fiscal year, the cash balance in the Highway Trust Fund
(other than the Mass Transit Account) exceeds
$6,000,000,000.''.
On page 684, strike lines 19 and 20 and insert the
following:
``(b) Eligible Projects.--A State may obligate funds
On page 685, strike lines 6 and 7 and insert the following:
``(1) preserve, maintain, or otherwise extend, in a cost-
effective manner, the useful life of
On page 685, strike lines 9 and 10 and insert the
following:
``(2) provide operational improvements (including traffic
management and intelligent
On page 685, strike lines 14 through 19.
Beginning on page 703, strike line 20 and all that follows
through page 704, line 15, and insert the following:
section shall be 80 percent.''.
On page 923, strike lines 7 through 10.
On page 923, line 11, strike ``1808'' and insert ``1807''.
On page 929, line 14, strike ``1809'' and insert ``1808''.
On page 931, line 5, ``1810'' and insert ``1809''.
On page 931, line 7, strike ``1809(a)'' and insert
``1808(a)''.
On page 933, line 22, strike ``1810(b)'' and insert
``1809(b)''.
On page 934, line 1, strike ``1811'' and insert ``1810''.
On page 934, line 4, strike ``1810(a)'' and insert
``1809(a)''.
On page 942, line 3, strike ``1810(b)'' and insert
``1809(b)''.
On page 942, line 5, strike ``1812'' and insert ``1811''.
On page 942, line 7, strike ``1811(a)'' and insert
``1810(a)''.
On page 944, line 5, strike ``1811(b)'' and insert
``1810(b)''.
On page 944, line 7, strike ``1813'' and insert ``1812''.
On page 944, line 10, strike ``1812(a)'' and insert
``1811(a)''.
On page 946, line 23, strike ``1812(b)'' and insert
``1811(b)''.
On page 947, line 1, strike ``1814'' and insert ``1813''.
On page 947, line 4, strike ``1813(a)'' and insert
``1812(a)''.
On page 953, line 10, strike ``1813(b)'' and insert
``1812(b)''.
On page 953, line 12, strike ``1815'' and insert ``1814''.
On page 954, line 22, strike ``1815'' and insert ``1814''.
On page 955, line 7, strike ``1817'' and insert ``1816''.
On page 962, line 1, strike ``1818'' and insert ``1817''.
On page 963, line 23, strike ``1819'' and insert ``1818''.
On page 964, line 6, strike ``1820'' and insert ``1819''.
Mr. INHOFE. Mr. President, with the agreement of both sides, we will
recognize the Senator from Florida, Mr. Nelson, for 10 minutes on a
subject other than the highway bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Florida is recognized.
(The remarks of Mr. Nelson of Florida are printed in today's Record
under ``Morning Business.'')
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. INHOFE. Mr. President, we have been yielding to Members on other
subjects. I was glad to do so, but we were supposed to be on the
highway bill for discussion about an hour ago. It is my wish not to
recognize anyone, so long as we have speakers on the highway bill. I
understand I get primary recognition, and I can't do this as managed
time, but it is my desire to recognize the ranking member of the
Environment and Public Works Committee for whatever time he should
take, and immediately following that, the Senator from Ohio, Mr.
Voinovich.
Before Senator Jeffords talks, let me say, again, as I did several
times yesterday, how much I appreciate his cooperation in working
together on this very difficult bill and coming to the point where we
are today.
Mr. JEFFORDS. I thank the Senator. I echo those words with respect to
the chairman's cooperation as well. It has been a pleasure to work with
him and his staff. I am glad we are where we are now.
I wish to speak briefly on yesterday's incident that apparently
involved ricin. First, I thank Majority Leader Frist for his calm and
professional approach to this matter. I also thank the Capitol Police,
the Attending Physician, and everyone who assisted in responding to
this incident.
As many of my colleagues know, my personal office is adjacent to
Senator Frist's office on the first floor, and my committee staff is
located across the hall from Senator Frist, so we were hit twice as
hard on this episode.
Nearly a dozen of my staff members were quarantined last night and
later decontaminated. They did not get home until after 2 in the
morning. I would like to say a special thank you to them. Thankfully,
everyone is feeling fine, and they don't appear to have any ill
effects.
We should not have to go through this type of episode as we go about
our business every day, but, unfortunately, these are the times we are
living in.
I am hopeful we will get to the bottom of who is responsible, close
this chapter, and return to our normal routines as soon as possible.
Incidentally--and I may be getting a little paranoid--we are the only
office to have also been involved in the other episode because we moved
from Hart to Dirksen this year. I want to warn everyone, watch where I
am. You may save yourself some problems.
Some 2\1/2\ years ago when I assumed the leadership of the Committee
on Environment and Public Works, I set my sights on reauthorization of
the Nation's Surface Transportation Program. I recognized this to be
the most challenging task confronting the committee.
I have spent these last 2 years working with my colleagues, meeting
with Americans, and studying the Nation's transportation needs. I have
traveled the country visiting local communities and seeing firsthand
our many national transportation challenges.
My observations on the road were reinforced by our committee's
hearing process. The committee and our Transportation Subcommittee held
11 public hearings and sponsored three roundtable discussions to
prepare for renewal of the Nation's Surface Transportation Program. We
heard from over 100 witnesses from 30 States, representing over 60
organizations. The process generated a hearing record of over 1,500
pages.
What I heard is our current national program is working well; that we
should refine it and not replace it. Our national transportation policy
must serve the public good. In my view, the outcomes we seek are a
strong economy, safe and healthy communities, and a clean environment.
A balanced transportation system is necessary for us to attain these
goals.
The success of our Surface Transportation Program will rest on four
fundamental pillars.
Asset management is the first pillar. We must maintain and preserve
our infrastructure investment. We cannot allow highways and bridges to
deteriorate.
Access and mobility is the second pillar. Most Americans now live in
metro areas, and most metro areas are congested and getting worse. We
need to focus on these problems.
The third pillar is freight and trade. The value of trade and tonnage
of goods moved in this country is enormous and growing. We need new
facilities to accommodate this growth.
The fourth pillar is safety. We must continue the progress we have
made over the last 10 years reducing the rate of highway fatalities and
work now to reduce the actual number of lives lost on our roadways.
In partnership with our chairman, Senator Inhofe, and with the
leaders of our subcommittee, Senators Bond and Reid, we have helped
construct a bill, SAFETEA, on these pillars. SAFETEA retains the
strengths of our current national transportation program while
enhancing its effectiveness to deal with the challenges facing our
States and communities.
[[Page S510]]
The bill meets highway system needs for strong growth in a manner
that increases assistance to every State and every region. It is funded
at a level of $255 billion that will enable the States to improve road
and bridge conditions.
The bill will generate millions of well-paying jobs since every
billion dollars spent on the highway program can generate up to 47,500
jobs. These jobs come at a time of great economic need in our
communities.
A well-funded safety title is also included. It features a new
program--Safe Routes to Schools--to protect children as they walk or
ride their bikes to school.
Significant growth in congestion mitigation and air quality funding
will help States improve air quality, reduce pollution, and address
congestion. The bill makes it easier for States to mitigate project
effects on habitat and wetlands, and retains and expands popular
programs such as enhancements, recreational trails, and scenic byways.
The increased intermodal flexibility set forth in the bill will allow
States, if they wish, to improve freight handling and movement. But
fundamentally, this massive transportation bill is about people.
It is about making it easier to commute to work; making roads safer
for our families; preserving scenic beauty for future generations;
helping our children get to school safely; moving freight efficiently
and cheaply; and making America better.
Working with my colleagues, I have done my level best to write a bill
that is fair to all States and regions of our country. I am committed
to maintaining the legacy I inherited from my dear friends and former
colleagues, Pat Moynihan and John Chafee. I look forward to completing
this job, working with Chairman Inhofe, with the leaders of the other
authorizing committees, and with all my fellow Members to produce
legislation that will build a strong America.
I thank the Chair.
The PRESIDING OFFICER. The Senator from Ohio.
Mr. VOINOVICH. Mr. President, I rise to support S. 1072, the Safe,
Accountable, Flexible, and Efficient Transportation Equity Act of 2003.
First, I congratulate Senators Inhofe, Bond, Jeffords, and Reid, and
their staffs on the impressive work they have done to put together a
bipartisan bill. The fact this is a bipartisan product means we can
actually get something done. It is a process of which I am glad to be a
part as a member of the Environment and Public Works Committee.
Lately, all I have heard in the media and even from some of my
colleagues is this is going to be a very difficult year to get anything
done. I hope this bill and bipartisan spirit is an indication of the
progress we can make this year for the American people. To borrow from
one of my mottos as Governor: Together we can do it. And the other
motto is the Ohio motto: With God, all things are possible.
This is one of the most important pieces of legislation Congress will
consider this year. Although recent economic reports indicate positive
job growth in the Nation as a whole, manufacturing jobs, including in
Ohio, continue to experience slow growth and prolonged unemployment.
In recent months, I have met with workers, small business owners and
manufacturers throughout Ohio. They all have the same thing to say:
Good, high-paying manufacturing jobs are leaving Ohio. Many of these
displaced workers would be productively employed on construction
projects.
We have an opportunity with the highway bill not only to improve and
repair our crumbling highways and bridges but to create and to let
folks know that we know they are hurting. I will never forget when I
was mayor of the city of Cleveland back in 1983. President Reagan and
Congress realized the pain the people in this country were experiencing
and Congress passed the emergency jobs bill, including an increase in
the gas tax which stimulated tremendous highway construction jobs
during 1983 and into 1984.
According to the American Road and Transportation Builders
Association, ARTBA, employment in the transportation construction
industry was down in July of 2003, during the peak of the construction
season, compared to July 2002. Specifically, there were 12,100 fewer
workers on project sites over the last year, a decrease of 3.7 percent.
In Ohio, according to the Bureau of Labor Statistics, heavy
construction jobs were up slightly from last year. However, there were
still on average 3,500 fewer jobs in 2003 than in 2000 when they were
at their peak. Investing in our Nation's transportation infrastructure
through a 6-year reauthorization bill will create hundreds of thousands
of jobs and move our sluggish economy down the road to recovery.
The transportation construction industry generates more than $200
billion in economic activity and helps sustain 2.5 million jobs in the
United States each year. According to the U.S. Department of
Transportation, every $1 billion invested in highway construction
creates 47,500 jobs and generates more than $2 billion in economic
activity. It is also estimated that every dollar invested in the
Nation's highway system generates $5.70 in economic benefits, including
reduced delays, improved safety and reduced vehicle operating costs.
This is a 6-to-1 return on investment. This has to be one of the best
investments that the Federal Government can make.
We also need to ensure that we are investing adequate resources into
our transportation infrastructure. According to the Federal Highway
Administration's 2002 Conditions and Performance Report, the average
annual investment level needed to make improvements to highways and
bridges is projected to be $106.9 billion through 2020. This amount is
65 percent higher than the $64 billion of total capital investments
spent by all levels of government in 2000. There is just no question
that the need is there.
The average annual investment level necessary to maintain the current
condition and performance of highways and bridges is projected to be
$75.9 billion to 2020. This amount is 17.5 percent higher than capital
spending in 2000. Nationwide, 162,000 bridges are structurally
deficient or functionally obsolete, and 160,000 miles of highway
pavement are in poor or mediocre condition. Americans pay approximately
$49 billion a year in extra vehicle repairs and operating costs due to
road conditions. That is $255 a driver in this country. In addition,
the average urban rush hour driver spends almost 62 additional hours a
year stuck in traffic. Congestion is responsible for 5.7 billion
gallons of wasted gasoline each year. Wasted fuel and low productivity
due to traffic congestion costs the U.S. economy nearly $70 billion
annually. In other words, this legislation will help reduce our
reliance on oil, improve our environment, and relieve the stress and
road rage that we see so often throughout our country.
Nearly 43,000 people were killed on America's roads in 2002. Poor
road conditions were a factor in one-third of those fatalities. The
Federal Government predicts highway fatalities will grow to nearly
52,000 by 2009, absent any new Federal investment in highway safety.
Studies report that every $1 billion invested in road improvements
since 1950 has helped prevent 1,400 premature deaths and nearly 50,000
injuries, as well as help save over $2 billion in health care,
insurance, lost wages, and productivity costs.
If we continue to ignore the upkeep and allow the deterioration of
our infrastructure, we risk disruptions in commerce and reduced
protection for public safety, health, and the environment. In my view,
it is the responsibility of Congress to ensure that funding levels are
adequate and efficiently allocated to the Nation's priority needs.
In 1998, Congress recognized the importance of the Nation's
transportation system through the enactment of TEA-21, a 6-year bill
that increased Federal investment in highways and transit by nearly 40
percent to $218 billion. Under TEA-21, my State received a 23 percent
increase in transportation funding. Ohio's share of highway funding
also increased under TEA-21 to 90.5 percent of its share of
contributions to the trust fund. When I took office as Governor in
1991, Ohio's share was less than 80 percent. ISTEA took us to 85 and
TEA-21 to 90.5.
As chairman of the National Governors Association, I was involved in
negotiating TEA-21 and lobbied Congress and worked with Bud Shuster to
ensure that all highway trust fund revenues were spent on
transportation.
[[Page S511]]
TEA-21 dedicated nearly all highway gas taxes to transportation funding
and guarantees that States will receive at least 90.5 percent of their
share of contributions to the fund.
I also fought to even out highway funding fluctuations and assure a
predictable flow of funding to eliminate the peaks and valleys that we
experienced on the State and local level under ISTEA. TEA-21 achieved
this role with record guaranteed levels of funding, and I am glad to be
in the Senate at this time to work on reauthorizing this important
legislation.
The administration's 6-year surface transportation reauthorization
proposal, the Safe, Flexible, and Efficient Transportation Equity Act,
would provide $247 billion, including $201 billion for highway and
safety programs and $46 billion to transit programs. On November 12,
2003, the Senate Environment and Public Works Committee approved $255
billion in contract authority for highways over the next 6 years, or an
average of $42.5 billion annually.
Again, one of my top priorities for reauthorization is to increase
the minimum rate of return for donor States from 90.5 percent to at
least 95 percent. In May 2003, Senator Carl Levin and I, along with
House Majority Leader Tom DeLay and Congressman Baron Hill, introduced
legislation, the Highway Funding Equity Act of 2003, to increase donor
States' minimum rate of return to 95 percent.
Currently, there are 144 sponsors of this bill in the House and 22
cosponsors in the Senate. It has been a pleasure to lead this effort on
behalf of the SHARE, States' Highway Alliance for Real Equity,
coalition in the Senate. SHARE believes all States have highway
infrastructure needs that surpass available resources. For this reason,
each donor State seeks to get back as much of the taxes paid by its
motorists as possible. SHARE's objectives are to increase the size of
the guarantee to 95 percent and to apply the scope of the guarantee to
all dollars being distributed to the States.
I commend Chairman Inhofe, Senator Bond, Senator Jeffords, and others
not only for their hard work in writing this bill but also for
increasing the guaranteed share of all donor States to 95 percent by
2009, while balancing limited resources and the needs of the States. It
is a very difficult job, but if one really looks at what has been done,
it was a Solomon-like job and they should be congratulated for it. I
hope other Members of the Senate are respectful of the fact that it was
an intellectually honest effort on our part to try to remedy a problem
that we have had for too long around this country.
Specifically, my State is going to receive $2.2 billion, which is a
38 percent increase over the 6-year period, compared to the last 6
years under TEA-21. We lost billions of dollars compared to other
States, because we are a donor State--over the last number of years.
The total amount of funding Ohio will receive over the next 6 years is
more than $8 billion. Much of this additional funding is due to Ohio's
increased share of the highway trust fund dollars.
Another of my priorities for increasing highway funding and improving
equity is to no longer penalize States that consume ethanol-blended
fuel to help reduce our national dependence on imported oil. Last year,
I cosponsored language written by Senator Grassley and reported out of
the Finance Committee that would transfer 2.5 cents of the Federal tax
on ethanol-blended fuel from the general fund of the Treasury to the
highway account of the highway trust fund and replace the 5.2-cents-
per-gallon reduced tax rate for ethanol-blended fuel with a tax
credit. This was also in the Senate-passed energy bill.
As a result, the same Federal tax will be collected and deposited
into the highway trust fund, regardless of whether a gallon of fuel
contains ethanol. The Ohio Department of Transportation estimates that
enactment of this legislation will restore up to $170 million annually
to the State of Ohio.
I congratulate the Finance Committee for coming up with the revenue
offsets to reach the outlays of $231 billion to pay for highways over
the next 6 years. I urge the Senate to support the committee's
recommendations.
This morning I congratulated Senator Grassley, the chairman of the
Finance Committee, for getting in there and finding the dollars and the
offsets so we can talk to our colleagues about supporting this
legislation as something fiscally responsible.
When gasohol contributions are included, Ohio's highway funding over
the next 6 years will increase more than $3.1 billion, 54.2 percent
over TEA-21 for a total of $8.9 billion. The surface transportation
reauthorization bill is extremely important to Ohio, which has one of
the largest surface transportation networks in the country. Ohio has
the 10th largest highway network, the 5th largest volume of traffic,
the 4th largest interstate highway network, and the 2nd largest
inventory of bridges in the country.
There are also 62 public transit systems serving 59 of Ohio's 88
counties. In 2002, these systems made approximately 138.6 million
trips. Ohio has the Nation's 4th largest rural transportation program,
the 5th largest bus fleet, the 9th most transit vehicle miles traveled,
and the 10th overall highest ridership in the country.
This bill, if enacted, will meet the essential needs of the entire
surface transportation system of my State. It will also create
thousands of jobs and provide a significant boost to Ohio's economy. I
am very proud that Ohio approved a motor fuel tax increase in 2003 that
will ensure an annual $250 million new construction program for the
next 10 years, while maintaining bridge and highway conditions. With
additional Federal funds, the Ohio Department of Transportation has set
a goal of having a $5 billion, 10-year Ohio construction program
entitled Jobs and Progress Plan, dedicated to addressing Ohio's most
pressing congestion, safety, and rural access needs.
The plan is predicated on Congress enacting legislation to correct
the ethanol penalty which reduces Ohio's transportation revenue and
increases donor States' minimum rate of return to 95 percent, and
provides an increased level of investment in the Nation's highways and
bridges. This highway bill achieves all of those goals. It is a bill
that is very important to my State and its economy.
As a result, a half billion dollar a year new construction program in
our State would employ approximately 4,000 construction workers
directly and create another almost 10,000 indirect highway jobs.
Ohio's Jobs and Progress Plan would help finance several major
projects throughout the State, including a $350 million project to
rebuild I-75 in Dayton, a $400 million project to begin rebuilding the
Central Viaduct, or as we call it in Cleveland, the Dead Man's Curve,
and a $600 million project to improve I-70 and I-71 in Columbus. The
plan also calls for $60 million annual investment to address high-crash
locations, as well as funding to address freight corridors such as U.S.
24 and U.S. 30 in northwest Ohio. Too many people have died on these
highways.
This is a jobs bill. In addition, the Ohio Department of
Transportation has $164.3 million worth of projects that are ready to
go. These are projects ready to go if the money were there. The 128
projects on the shelf include major reconstruction, resurfacing, bridge
replacement and repair, traffic signals, signs, culvert construction,
guardrail rebuilding, pavement marking, and preventive maintenance. If
this funding were made available, approximately 1,300 direct and some
almost 3,500 indirect jobs would be created in the State.
Finally, I have several comments about the environmental, planning,
and project delivery provisions of the bill. As chairman of the Clean
Air Subcommittee and the past chairman of the Transportation
Subcommittee, I understand full well the importance and significance of
the overlap between highway planning and air quality.
When I began my term as Governor, 28 Ohio counties were in
nonattainment for ozone. I spent considerable effort to get them into
attainment. In addition to working with utilities to reduce their
emissions, I implemented an automobile emissions testing program called
E-check to help bring Ohio's counties into compliance. At that time,
Ohio was one of only a few States to have an enhanced auto emissions
test in its urban areas.
That all came about because we were trying to comply with the Clean
Air Act. This program was a success. According to the 1997 EPA report,
volatile organic compounds and nitrogen oxides, which are a major
component in
[[Page S512]]
the formation of ozone and are emitted by cars and trucks, have been
dramatically reduced from 1970 to 1996. Emissions of VOCs were reduced
by 49 percent, NOX by 26 percent. Additionally, air toxins
in Ohio were reduced from approximately 381 million pounds in 1987 to
144 million pounds in 1996.
Due to these reductions, all 88 counties have met the national air
quality standards. But this has not been an easy battle. The E-Check
program has been criticized because it required vehicle owners in
smoggy areas to pay for annual emissions testing and to make the
necessary repairs. Due to its unpopularity, Ohio's General Assembly
passed a bill revoking the program. However, I stood up for the program
and vetoed the bill because I believed it was an important and
necessary step to cleaning up Ohio's air. That veto, by the way, was
not overridden.
I believe hard choices such as these are important. The conformity
program has helped encourage cleaner air, and transportation planning
has benefited from coordination with the air quality planners. As
requested by Federal, State, and local officials, this bill makes
important improvements in the conformity process by synchronizing
planning and conformity timelines and requirements. So I congratulate
the chief sponsors again.
I am also pleased that this bill modifies the Congestion Mitigation
and Air Quality Improvement Program, called CMAQ, to include the
nonattainment areas for the fine particulate matter standard--PM2.5--
and the 8-hour ozone standard. EPA will make designations for both
these standards this year, and these areas will need all the help they
can get to attain the new standards.
While these are two areas in which I believe we have made progress, I
am a little disappointed with the metropolitan and statewide planning
and transportation project delivery process in this bill. I don't think
these provisions will do much to expedite the project delivery process
and, quite frankly, actually create a more burdensome process than
under current law.
As a former Governor, I was frustrated at how long it took to do a
highway project from beginning to end. As Senator, I have wanted to do
something meaningful on this issue, since I was chairman of the
Subcommittee on Transportation and Infrastructure and, in fact, we held
a number of oversight hearings on the implementation of the
streamlining provisions included in TEA-21. One of my top priorities
for this reauthorization is to enact efficient transportation project
delivery that will actually expedite the project delivery process.
Regulations implementing these provisions were disappointing and
later scrapped. I regret that we have wasted an opportunity to realize
the benefits of the expedited process that was envisioned 6 years ago,
the 1309 process. In other words, we talked 6 years ago, in the TEA-21,
that we were going to streamline the process and put a provision in the
law that said we should do it. After 6 years, fundamentally nothing has
happened--after 6 years.
The transportation project delivery process provisions in this bill
that we are going to consider, as I say, are disappointing because I
think they are going to do little to expedite the project delivery
process, given that the bill requires State and local planning agencies
to meet process burdens that are even more burdensome than in the
current law.
Do you hear me? They are more burdensome than in the current law,
which we were trying to change and improve during the last 6 years.
I hope we can fix these provisions on the floor with the support of
AASHTO, ARTBA, AGC, and the American Highway Users, and many State and
local government organizations.
Furthermore, one more thing I am concerned about is one of the most
significant elements of environmental streamlining missing from this
bill, and that is to reform the process known as section 4(f). This
process causes more delay in my State than any other planning or
environment review requirement. I will bring that situation to the
attention of my colleagues during debate on this bill.
This is a good bill. I urge my colleagues to support S. 1072. The
current surface transportation authorization expires at the end of this
month. People are waiting. They want it passed. They want to see the
jobs. The time to act is now.
Nationwide, this bill would create 2.8 million new jobs, including
106,000 new jobs in Ohio. This is important jobs-creation legislation
that will put hard-working Americans back to work and jump-start our
sluggish economy, especially States like Ohio, where our economy is
still struggling.
Mr. INHOFE. Mr. President, I see the minority leader. I certainly
defer to the minority leader.
Mr. DASCHLE. I thank the distinguished Senator from Oklahoma. I am
happy to accommodate the order at whatever time someone may come to the
floor. I have a few comments to make as we begin this debate.
Let me express our gratitude to the two managers of the bill and
other Members of the Senate who have put so much effort into this
legislation. We have come a long way. I am grateful to them for
producing a bill that merits strong bipartisan support.
The debate on this bill is long overdue. We have already lost 90,000
jobs by our inability to pass the bill last October. At a time when we
have lost 3 million jobs over the last several years, we cannot afford
to keep losing jobs. We had the first meager job increase just last
month with 1,000 jobs across the entire Nation. The importance we can
put on job creation with this legislation should not be underestimated.
Now that the Senate has begun the debate on the bill, we need to
ensure it goes forward in a bipartisan fashion--the way this
institution has worked on legislation similar to this over its long
history.
If we ultimately pass a transportation bill into law, it is expected
to create 830,000 jobs over the next 6 years. These would be good jobs
for Americans, jobs in engineering, in the environment, in
construction--good jobs in all States.
In addition to jobs, there is another critical reason to be moving
forward on this bill. Yesterday, there was a lot of talk about the $520
billion Federal budget deficit, a very troubling figure. But there is
another deficit we have not talked much about yet and that is in our
Nation's infrastructure. Our Nation's transportation infrastructure--
our roads, highways, transit, ports, and rail lines--is a thread that
holds our Nation together to make it possible to have a free and open
society, which is suffering a remarkable deficit, one that can be
addressed with the passage of this legislation.
Our transportation infrastructure impacts what we do every single
day, and most of the time it is simply taken for granted and
unrecognized.
Over 30 percent of our roads and highways are now considered in poor
or in substandard condition. Over 30,000 of our Nation's bridges are
functionally obsolete or structurally deficient. The transportation
bill reported out of the Environment and Public Works Committee will
address this infrastructure deficit.
Likewise, we need to ensure this transportation bill is intermodal
and includes provisions to improve the conditions of rails and ports.
Rail lines in the United States alone require $7 billion each and every
year just to maintain them. Our Nation's transit programs are a
critical and interconnected portion of our transportation
infrastructure.
I am particularly pleased Finance Chairman Grassley and Ranking
Member Baucus included as a part of the financing provisions reported
from the committee yesterday a provision which treats transit in a
similar manner to highways. It was the right decision to go forward
with some symmetry on transit and highways. Both receive funds from the
highway trust funds. I applaud Senators Grassley and Baucus for doing
so.
I am pleased we are finally working on this bill in the Senate. As I
said, Senators Inhofe and Jeffords need to be complimented, along with
Senators Bond and Reid, for the hard work and leadership they have
shown in getting us to this point. I look forward to moving ahead in a
bipartisan fashion to do not only what is needed but what is required
to address our transportation infrastructure deficit.
If we go forward in that fashion with that goal, we will not only
improve the condition of our infrastructure but create hundreds of
thousands of needed jobs and improve the condition of our country, as
well.
[[Page S513]]
I yield the floor.
The PRESIDING OFFICER (Mr. Enzi). The Senator from Oklahoma.
Mr. INHOFE. Mr. President, I thank the minority leader for the
excellent statement. We have a new chart on job opportunities which
talks about the cumulative effect when a job is offered--say a
construction job on a bridge or highway--and what that does to the rest
of the economy. It is about 2.8 million jobs as opposed to some of the
figures we have been using, one-fourth of that number. It is very
significant.
The Senator from Ohio gave an excellent statement also. The State of
Ohio, in terms of new job opportunities, is No. 5 in the Nation under
this bill. The Senator has done an excellent job. I am sure the people
of Ohio are very appreciative of the job opportunities that will be
there as a result of the legislation we hope to pass in the next few
days.
The Senator from Ohio, who has vast experience in clean air, was a
breath of fresh air when he came in, someone who really has the
answers. He was the chairman of the Clean Air Committee of the National
Association of Governors. His expertise is very much appreciated.
Senator Jeffords and others have already mentioned the difficulties
in putting together a formula, considering the fast-growing States,
with a ceiling there. We have some of the small States, such as that of
the Presiding Officer, in terms of population, which have to be
considered because even though it is a small population there are a lot
of roads that have to be cared for. Taking into consideration all of
these considerations was not easy.
However, when we compare what we have done with what has been done in
the past, I am very proud of it. The equity bonus program replaces the
minimum guarantees.
Now, I have been criticized for the way I simplify my explanation of
minimum guarantees, but it is pretty accurate; that is, we took a
percentage of the total amount of money and gave it to each State until
we got 60 votes, not caring too much what happened after that. We took
into consideration all the issues we have been talking about.
The bill does four things, essentially. It takes care of the donor
States. I have been part of a donor State for as long as I can
remember, certainly as long as I have been in the Senate. We were down
below 80 percent, and as mentioned by the Senator from Ohio, ISTEA,
then TEA-21, and now with this bill, we are up to 95 percent.
Streamlining provisions is very important. It is important we have
money to spend on road construction, but also we can get the maximum
out of the dollars we do spend. We go a long way to making this a
reality.
The third major area is that of safety. We have talked about the
number of deaths on the highways. It has to be addressed. That is why
we named this SAFETEA, with many safety provisions, at the same time
allowing the States to come, recognizing they know more about their
States than we do in Washington.
And lastly, the area of freight movement.
With that, it is my desire throughout the day today when there are
not speakers to be heard on the highway bill to go through this,
section by section, and see specifically how these things are handled.
If any Members who come to the floor want to be heard on the highway
bill, I will suspend. Of course, we will break in 20 minutes for our
policy luncheon.
I start with section 1101, the authorization of appropriations. We
are talking about $255 billion in contract authority over the next 6
years. This was difficult to come up with. At the same time, we have
$56.5 billion contract authority in transit, for a total of $311
billion, considerably more than the Budget Committee originally came up
with, considerably more than in the President's budget.
And we have received, only yesterday, the President's budget message.
I think, however--and I did talk to the President yesterday--when he
realizes fully the great work the Finance Committee did--the fact that
we now have the offsets necessary to do this without increasing the
deficit--the President is going to be more supportive than he has been
in the past.
So this represents an overall increase of 31 percent over TEA-21. The
link between a robust economy and a strong transportation
infrastructure is undeniable. The movement of people and goods is one
of the foremost indicators of a growing economy and job creation.
The President recommended a funding level of $200 billion for
reauthorization. Given the critical infrastructure and safety needs of
the program, we thought it imperative to authorize a higher level of
funding for the coming 6 years.
I recall a study that was made--and I do not have the exact figures,
but the amount of money even that we are suggesting right now merely
maintains where we are today. It was discussed by the minority leader
that we have a bridge crisis, and I was wanting to interrupt him to say
that my State has the distinction of having the largest percentage of
functionally obsolete bridges. We are hoping to correct that with this
bill.
On the other end of the spectrum, the House Transportation and
Infrastructure Committee has introduced a bill funding highways and
transit at $375 billion, which is considerably over our $311 billion.
However, achieving this astronomical figure would require raising gas
taxes by 13.5 cents per gallon during the next 6 years, in addition to
utilizing a number of other costly new financing measures.
The vote before you today recognizes the realities of available
revenues without the need for increasing gas taxes, and, I might add,
or increasing the deficit. It is designed to make the most of every
available dollar to produce better and safer roads by creating
thousands of new jobs every year and stimulating the national economy.
In that regard, the Department of Transportation estimates that every
$1 billion of Federal transportation funds translates into 47,500 jobs.
By the way, that is not a fictitious number. We have had several
studies that were done. We realize it is accurate. However, when you
say new job opportunities, it is about four times that. If someone
takes a construction job, that person is buying more goods and
services, and that means manufacturing is going to go up and there are
going to be many other jobs. So this figure is a very conservative
figure.
We estimate that the SAFETEA will increase the size of the job market
by 700,000 but create over 2 million new employment opportunities. I
think that is what we need to be talking about.
Section 1102 is an obligation ceiling. The principle that was used to
develop obligation limitations was to minimize the gap between the
OBLIM or obligation limitations in contract authority levels. This
empowers the States to utilize as much available contract authority as
possible while still providing them maximum flexibility.
We were able to achieve a total obligation limitation of $238
billion. This is what was recommended in the Reid-Bond amendment that
carried this Chamber with 79 votes. This is consistent with that
amendment to the budget resolution. So there was a lot of hard work
from the Finance Committee and the leadership of Chairman Grassley and
Ranking Member Baucus, and I thank them for the great work they did.
Section 1103 is the apportionment section. In addition to the overall
increases experienced by all programs, the bill makes important changes
to the apportionment of a few specific programs. Under TEA-21, the
administrative expenses of the Federal Highway Administration were
funded as a takedown from the various core programs. This bill
recognizes the separate importance of costs associated with the
administration of the overall highway program. Therefore, the bill
funds Federal highway administrative expenses as its own separate
apportionment protecting the authority of the individual core programs
or the autonomy of the individual core programs and the administrative
fund itself.
Of the amount designated for program administration, the Secretary of
Transportation is also given the authority to transfer an appropriate
amount for the administrative expenses of the Appalachian Highway
Development System.
As a result of the 2000 census, 46 new metropolitan planning
organizations or MPOs have been established throughout the country and
are now eligible
[[Page S514]]
for Federal transportation planning funding.
We have devoted a lot of time and a lot of attention in this bill to
planning as well as to assisting States in doing what they do best,
also, which we will get to in a later section. To respond to this
expanded need, we have increased the program set-aside for MPOs from 1
percent under ISTEA to 1.5 percent, along with the overall increase in
program funds which will help to address the growing transportation
planning needs.
TEA-21 used a minimum guarantee. I have been talking about this, and
that really constituted a percentage. And it is just not the way this
should be done. We wanted it in our formulas, and we wanted it in an
attempt to get our donor States up to 90.5 percent. We used a minimum
guarantee calculation to guarantee that States received back at least
90.5 percent--that is what they did in TEA-21--90.5 percent of their
percentage contribution to the highway trust fund.
The Minimum Guarantee Program was driven by the political
distribution known as the 1104 table. I will not go into that because
this is somewhat redundant. We have talked about this in the past. It
was purely politically driven.
To contrast that, the new Equity Bonus Program does away with the
table in TEA-21 which determined each State's percentage share of the
total highway fund, the political table to which I have been referring.
Rather than have a State's return be set by a politically driven table,
the Equity Bonus Program determines each State's return by first
relying on the program distribution formulas. The equity bonus
calculation identifies a justifiable nexus in equity between the
underlying formulas and responsible balanced growth for donor and donee
States alike.
If a State fails to reach the minimum return in any year based on the
formulas, that State would receive an equity bonus award in addition to
their formula. It should bring them up to the required level. I cannot
think of a better and more equitable way of doing this.
While we allow the formulas to work under the new Equity Bonus
Program, we also recognized that there would be some inequities if we
allowed the formulas to be the sole factor in distributing dollars to
the States. In order to increase the minimum rate of return for donor
States, while ensuring an equitable transition for donee States, rates
of return are subject to an annual growth ceiling to smooth out the
phase-in of the increased minimum returns.
This accomplishes two goals: It keeps the cost of the Equity Bonus
Program affordable; secondly, it ensures that donee States are still
able to grow so that there are no States with growth less than 10
percent in dollars. I repeat that. Of all 50 States, every State gets
at least an increase of 10 percent.
Now, I have heard from a lot of the people whose State falls into the
different categories. One is the category of a fast-growing State, and,
obviously, they would prefer that the ceilings not be there so they
would bump into them. But if you do not do that, then you would hear
equally from some of the older States, such as New York and
Pennsylvania, that would have to pay the price if we did not have some
type of a ceiling.
For donor States, the effect of the growth ceiling is that a State
with a rate of return above 90.5 percent in 2003 will reach a 95
percent return sooner than a State that received only a 90.5 percent
return, or below, in 2003. The closer a State was to 95 percent in
2003, the sooner it will reach 95 percent.
Conversely, those States at 90.5 percent in 2003, such as my State of
Oklahoma, would likely take longer to reach 95 percent. The time it
takes a State to reach 95 percent depends on how much equity bonus
funding the State receives and how much faster than the national
average that State is increasing its contributions to the highway trust
fund. That is taken into consideration as a part of this formula.
Recognizing that States with a lower tax basis due to low population,
such as the State of Wyoming and others, or low income face an added
challenge of maintaining the transportation infrastructure, the bill
sets their TEA-21 rate of return as a minimum for future years.
Section 1105 is the revenue aligned budget authority, or RABA, as we
have referred to it. The huge 2003 negative adjustment in the revenue
aligned budget authority made it clear that some changes were needed in
the RABA calculation in order to provide greater stability and more
accurate predictions and less fluctuation in coming years. This is
true. The States can get so much more for their dollars if they can
predict into the future how they are going to use those dollars and
what those dollars are going to amount to.
As I have indicated before, I believe the underlying principle of
RABA is an important fiscal policy that highway expenditures should be
tied to highway trust fund revenues.
The bill modifies the RABA calculations so that annual funding level
adjustments are less dependent on future anticipated receipts and more
dependent upon actual receipts to the highway trust fund. If the RABA
adjustment in any fiscal year is negative, the amount of contract
authority apportioned to the State for that year will be reduced by an
amount equal to the negative RABA. However, if the balance of the
highway trust fund is greater than $6 billion, then there will be no
negative RABA adjustments.
Section 1201 is the infrastructure performance and maintenance
program, or IPAM. There is a lot of interest in this program,
obviously. The IPAM program is intended for ready-to-go projects that
States can undertake and complete within a relatively short timeframe.
As a result, States are given 6 months to obligate IPAM funds. We
designed this discretionary program to promote projects that resulted
in immediate benefits for the highway system's condition and
performance while avoiding long-term commitments of funds. The program
also provides further economic stimulus to the economy and provides a
way to aid in spending down balances in the highway trust fund.
That is very important right now. We are very sensitive to the
somewhat job crisis. We have seen our economy on its way up again.
However, there is a lag between economic recovery and the jobs. IPAM is
going to give more construction sooner, provide more jobs and more jobs
sooner. Then, of course, when you put the new job opportunities factor
to that, that is going to be very meaningful to job recovery in
America.
The States may obligate funds for projects eligible under Interstate
Maintenance, National Highway System, Surface Transportation System,
Highway Safety Improvements Program, Congestion Mitigation and Air
Quality Improvement, or CMAC, and the Highway Bridge Program. Eligible
projects under IPAM include the preservation, maintenance, or
improvement of existing highway infrastructure and operational
improvements to address recurring highway congestion.
Section 1202 is the future of the surface transportation system
title. In order to be prepared for future reauthorizations of this
legislation, we require the Secretary of Transportation to perform a
long-term investigation into the surface transportation infrastructure
needs of the Nation.
Specifically, the bill directs the Secretary to look at: the current
condition and performance of the interstate system; the future of the
interstate system in 15 years or 30 years or 50 years; expected
demographics and business uses that impact the surface transportation
system; the effect of changing vehicle types, modes of transportation,
traffic volumes, and fleet size and weights--we have seen such a
dramatic change in the types of vehicles that we drive that we never
could have anticipated back when we were putting together ISTEA or one
of the previous programs--possible design changes; rural, urban,
interregional, and national needs; improvements in emergency
preparedness; real-time performance data collection; and future funding
needs and potential approaches to collect those funds.
What we are saying is, we are trying to prepare for the future. It is
important what we do for the next 6 years, as we go through this
reauthorization. I think we have done a good job with that. But things
will happen 6 years from now that we cannot anticipate.
[[Page S515]]
That is what the Secretary of Transportation will be looking at and
coming back with, so we will be able to anticipate some of the things
we will be looking at 6 years from now.
A very important section is 1203. That is the freight transportation
gateways, freight intermodal connections. Freight movement in America
is expected to grow dramatically in volume and value over the coming
decades. Throughout the reauthorization hearings, the Environment and
Public Works Committee heard concerns about inadequate freight
facilities, insufficient capacity, and insufficient connections.
The GAO recently released a report, dated October 2003, a little over
a month ago, regarding freight transportation, recommending strategies
needed to address planning and financing limitations. The report noted
that the major challenges to freight mobility all shared a common
theme--congestion, including overcrowded highways, freight specific
check points.
Additionally, the GAO reported two main limitations that stakeholders
encounter in addressing these challenges. The first related to the
limited visibility that freight projects receive in the planning and
prioritization process. S. 1072 directly addresses this problem by
creating a freight transportation coordinator at the State level to
facilitate public and private collaboration in developing solutions to
freight transportation and freight gateway problems. This is one more
area where we will have an increased emphasis on States.
The bill also ensures that intermodal freight transportation needs
are integrated into project development and planning processes. The
second limitation that the GAO found was inhibiting stakeholders was
that Federal funding programs tend to dedicate funds to a single mode
of transportation or nonfreight purpose, thus limiting freight project
eligibility among some programs. S. 1072 deals with this problem as
well as making intermodal projects eligible for STP and NHS funding.
The Freight Gateways program found in this bill promotes intermodal
improvements for freight movement through significant trade gateways,
ports and hubs, and intermodal connections to the national highway
system. States and localities are encouraged to adopt new financing
strategies to leverage State, local, and private investments in freight
transportation gateways, thus maximizing the impact of each Federal
dollar.
The Freight Gateways program is funded from a set-aside of 2 percent
of each State's NHS apportionment. However, in the spirit of State
flexibility and ensuring that funds go to the areas of greatest need, a
State is not required to spend the 2 percent of their NHS apportionment
if they can certify to the Secretary that their intermodal connections
are adequate. I think this is a recognition that the States do know
more about their needs than the Federal Government. That is one of the
trends of this.
I know we are ready to recess. I yield to my colleague Senator
Jeffords for the remainder of the time.
Mr. JEFFORDS. I will take very little time. I commend the chairman
again and all the staffs, his and mine, for the incredible amount of
work they have put into this effort.
Mr. INHOFE. They are even talking to each other now.
Mr. JEFFORDS. Yes, right. It is fantastic. We know also that we have
a long way to go. The work you have done and my staff has done, all of
us, has placed us in a great position to start. But now it is the
opportunity for all the Members to check carefully to see how their
States are doing and maybe make some improvements. We know we will have
a number of amendments. We have a long way to go, but I think we are
off to a great start. I expect we will have a great finish.
Mr. INHOFE. I would agree with those comments. However, I think we
have the basic formula, and this is something for which I am going to
be fighting because once you break into this and change the formula,
that is going to change every State. That is something we have spent
over a year now working out to get as much equity as possible. We look
forward to the input from Members who are not on the committee.
Mr. JEFFORDS. They should all have the opportunity, and I know we
will provide it. I think we have done a great job, so there should not
be too much problem.
Mr. INHOFE. Mr. President, 12:30 has arrived and we are planning to
break.
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