[House Report 108-456]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-456
======================================================================
 
PROVIDING FOR FURTHER CONSIDERATION OF H.R. 3550, TRANSPORTATION EQUITY 
                        ACT: A LEGACY FOR USERS

                                _______
                                

   April 1 (legislative day, March 31), 2004.--Referred to the House 
                   Calendar and ordered to be printed

                                _______
                                

    Mr. Dreier, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 593]

    The Committee on Rules, having had under consideration 
House Resolution 593, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for further consideration of H.R. 
3550, the Transportation Equity Act: A Legacy for Users, under 
a structured rule. The rule provides for no further general 
debate except for the final period of ten minutes following 
consideration of the bill for amendment contemplated in the 
order of the House of March 30, 2004. The rule provides that 
the amendment in the nature of a substitute recommended by the 
Committee on Transportation and Infrastructure now printed in 
the bill, modified by the amendments printed in part A of this 
report, shall be considered as adopted in the House and in the 
Committee of the Whole.
    The rule provides that the bill as amended, shall be 
considered as the original bill for the purpose of further 
amendment and shall be considered as read. The rule waives all 
points of order against provisions in the bill, as amended. The 
rule makes in order only those amendments printed in part B of 
this report, which may be offered only in the order printed in 
this report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, and shall not be subject to 
amendment or demand for division of the question. The rule 
waives all points of order against the amendments printed in 
this report. The rule provides one motion to recommit with or 
without instructions.
    Finally, Section 2 of the resolution provides that the 
amendment considered as adopted under the first section of this 
resolution shall be considered an amendment offered under 
section 411 of House Concurrent Resolution 95.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 238

    Date: April 1, 2004 (legislative day of March 31, 2004).
    Measure: H.R. 3550--Transportation Equity Act--A Legacy For 
Users.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Davis of Tennessee which increases highway and transit 
investment by $37.8 billion, a level equal to that of the 
Senate-passed TEA 21 re-authorization bill; includes the 
Senate-passed Highway Trust Fund financing mechanisms (no gas 
tax increase); and fully offsets these investments by cracking 
down on abusive tax shelters, preventing American corporations 
from avoiding paying U.S. taxes by moving to a foreign country, 
and extending customs-user fees.
    Results: Defeated 3 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

Rules Committee record vote No. 239

    Date: April 1, 2004 (legislative day of March 31, 2004).
    Measure: H.R. 3550--Transportation Equity Act--A Legacy For 
Users.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Turner of Texas which authorizes a grant program to improve the 
security of public transportation systems, including rails, 
bus, and ferry transit to be administered by the Secretary of 
Homeland Security. Amendment authorizes $250 million for FY 
2004 and such sums as are necessary for fiscal years 2005 
through 2009. Grants would be made to local transit authorities 
for transit surveillance systems, communication systems, 
training, deployment of detectors for weapons of mass 
destruction, physical security of transit infrastructure, 
emergency response equipment, and public awareness. Funding 
under this section would be allocated according to a risk 
assessment, including assessment of threats, vulnerabilities, 
consequences of a terrorist attack, and past acts of terrorism.
    Results: Defeated 3 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

Rules Committee record vote No. 240

    Date: April 1, 2004 (legislative day of March 31, 2004).
    Measure: H.R. 3550--Transportation Equity Act--A Legacy For 
Users.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Eddie Bernice Johnson which requires states to pass through 
Congestion Mitigation and Air Quality Improvement Program 
(CMAQ) funds to areas of 200,000 or more under the same funding 
allocation rules that now apply under the Surface 
Transportation program STP program for urbanized areas of 
200,000 or more.
    Results: Defeated 3 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

Rules Committee record vote No. 241

    Date: April 1, 2004 (legislative day of March 31, 2004).
    Measure: H.R. 3550--Transportation Equity Act--A Legacy For 
Users.
    Motion by: Mr. McGovern.
    Summary of motion: To reinsert into the text of the bill 
the language which was reported in the bill by the Committee on 
Transportation and Infrastructure concerning Indian gaming.
    Results: Defeated 2 to 9, 1 present.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--
Present; Dreier--Nay.

Rules Committee record vote No. 242

    Date: April 1, 2004 (legislative day of March 31, 2004).
    Measure: H.R. 3550--Transportation Equity Act--A Legacy For 
Users.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Menendez which expresses the sense of the Congress opposed to 
the outsourcing of American jobs.
    Results: Defeated 3 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

Rules Committee record vote No. 243

    Date: April 1, 2004 (legislative day of March 31, 2004).
    Measure: H.R. 3550--Transportation Equity Act--A Legacy For 
Users.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Millender-McDonald which provides incentive for contractors, 
and local and state governments to leverage federal 
transportation funds to create immediate job opportunities and 
provide long-range training opportunities to local unemployed 
persons. Encourages contractors to include in their bids local 
hiring and training goals for transportation projects of 
greater than $10 million. Provides an incentive for contractors 
and local employment agencies to work together in coordinated 
outreach. Outreach will be targeted to local community 
colleges, high schools, apprentice programs, employment 
agencies, and non-profit groups to alert disadvantaged workers 
of the job availability and training opportunities that 
accompany transportation projects in their region. Allows 
states to provide up to 90 percent of the federal 
transportation matching funds to these localities that have 
worked in good faith to meet their state local hiring and job 
training goals.
    Results: Defeated 3 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

Rules Committee record vote No. 244

    Date: April 1, 2004 (legislative day of March 31, 2004).
    Measure: H.R. 3550--Transportation Equity Act--A Legacy For 
Users.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Quinn which adds the maintenance of the protective devices 
installed at the grade crossings to the list of eligible 
projects allowed under the Highway/Rail Grade Crossing Program.
    Results: Defeated 3 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

          PART A--SUMMARY OF AMENDMENTS CONSIDERED AS ADOPTED

    1. Provides guidance in interpreting existing rules of the 
House to ensure that current flexibilities and authorities of 
Congress to set appropriate annual spending levels for basic 
salaries and administrative expenses of the Federal Transit 
Administration are maintained.
    2. Extends the authority to spend money out of the Highway 
Trust Fund and updates the purposes for which money can be 
spent. Extends the gas tax through 2011 at current rates and 
maintains the current-law deficit protection rule that requires 
a 2-year cushion of reserves in the Highway Trust Fund. 
Increases Highway Trust Fund receipts by $18 billion over six 
years to pay for the highway spending authorized by the bill. 
Receipts are raised by: (1) reducing fuel tax evasion, (2) 
crediting the Highway Trust Fund with the full gas tax and (3) 
restructuring the ethanol subsidy so that the Trust Fund is 
made whole. Extends the ethanol subsidy through 2010. 
Simplifies and reforms the rules relating to certain highway 
excise taxes. Provides AMT relief, particularly for small 
businesses and farmers. Extends enhanced section 179 expensing 
for small businesses. Extends trust fund authority and fuel 
excise taxes. The authority to spend money from the Highway 
Trust Fund (HTF) and the Aquatic Resources Trust Fund is 
extended for six years, and the purpose for which Trust Fund 
monies may be spent is updated to reflect the purposes 
authorized in the underlying bill. The fuel excise taxes are 
extended (at current-law rates) through 2011. These rates are 
18.4 cents-per-gallon for gasoline and 24.4 cents-per-gallon 
for diesel and kerosene. The current-law ``Harry Byrd Rule'' is 
retained. This deficit protection rule requires the Trust Fund 
to maintain a cushion sufficient to cover 2 years of spending. 
Increases highway trust fund receipts. Extends the ethanol 
excise tax benefit through 2010 and compensates the HTF for the 
cost of the benefit. Increases HTF receipts by $9.4 billion 
over 6 years and increases general revenues by $4.3 billion 
over 10 years. Repeals the requirement that 2.5 cents-per-
gallon of alcohol fuel tax receipts be retained in the General 
Fund so that the full fuel tax is credited to the HTF. 
Increases HTF receipts by $5.7 billion over 6 years. Repeals 
the requirement that 4.8 cents-per-gallon of fuel tax receipts 
from use in motorboats and small engine equipment be retained 
in the General Fund. As a result, the full fuel tax will be 
credited to the HTF and subsequently transferred to the Aquatic 
Resources Trust Fund. Increases Aquatic Resources Trust Fund 
receipts by $0.7 billion over 6 years. Codifies the mobile 
machinery exemption and adds a 7,500 mile annual use test for 
fuel taxes. Increases HTF receipts by $0.7 billion over 6 
years. Requires heavy highway vehicles to pay the maximum $550 
use tax in one installment. Increases HTF receipts by $1.0 
billion over 6 years. Includes several other provisions to 
combat fuel tax evasion. In combination, these provisions 
increase HTF receipts by $1.0 billion over 6 years and increase 
general revenues by $3.8 billion over 10 years. Conforms the 
taxation of all taxable fuels by taxing jet fuel when it leaves 
the terminal. Requires terminals that sell dyed fuel to use 
mechanical dye injection systems. Requires all entities that 
are party to a tax-exempt bulk transfer to register with the 
IRS. Expands IRS authority to inspect on-site records related 
to taxable fuels. Closes current-law loophole that makes it 
difficult for the IRS to collect tax on imported fuel when the 
importer is not registered with the IRS. Modifies refund rules 
so that taxpayers buying more than 250 gallons of fuel for farm 
use must buy dyed diesel.
    Reforms and simplifies highway excise taxes. Conforms the 
rules relating to refund claims on gasoline, kerosene and 
diesel. Clarifies that the receiving party is liable for tax 
under a two-party exchange. Simplifies the administration of 
the heavy tire excise tax. Provides relief from the Alternative 
Minimum Tax (AMT). The tax title contains four provisions to 
reduce the AMT burden so that struggling companies can survive, 
create jobs and improve the economy: (1) Exempts 97% of 
corporations from the AMT by expanding the size of the AMT 
exemption from $7.5 million of annual gross receipts to $20 
million of annual gross receipts; (2) Coordinates farmer income 
averaging and the AMT so that farmers are not hit by the AMT 
just because they elect to smooth their income over several 
years for tax purposes; (3) Allows businesses to fully use 
their net operating losses (NOLs) to offset their AMT liability 
by repealing the 90% limit on the use of NOLs; and (4) Allows 
businesses to fully use their foreign tax credits (FTCs) to 
offset their AMT liability by repealing the 90% limit on the 
use of FTCs. Provides an extension of Section 179 for Small 
Businesses. The Jobs and Growth Reconciliation Act of 2003 
expanded section 179 by: (1) increasing the amount that can be 
expensed under section 179 from $25,000 annually to $100,000 
annually and (2) increasing the number of small businesses 
eligible for this enhanced expensing. However, this expansion 
is scheduled to expire at the end of 2005. The tax title 
extends the section 179 reforms through the end of 2007. AMT 
relief and the extension of section 179 expensing are paid for 
with general revenues raised by other provisions in the bill. 
These additional revenues are separate from the receipts that 
accrue to the Highway Trust Fund.

              PART B--SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by the 
amendment sponsor.)
    1. Young, Don (AK): Manager's Amendment.
    Sec. 1105.--Is amended to require the Secretary to 
establish an oversight program to monitor the use of authorized 
federal funds to carry out tilt 23, U.S.C. For projects over 
$500,000,000 project management plans and an annual financial 
plan will be required from recipients of federal funds. For 
project over $100,000,000 financial plan are required. The 
provision also describes how funds recovered from judicial 
proceedings will be treated.
    Sec. 1107.--Is amended to improve the calculation of 
Revenue Aligned Budget Authority to provide more accurate 
information.
    Sec. 1113.--Is amended to insert an effective date for the 
repeal of the Interstate Discretionary Program.
    Sec. 1114.--Is amended to include a set-aside for the 
seismic retrofit of bridges.
    Sec. 1115.--Is amended to allow funds for the 
Transportation and Community and System Preservation Program to 
be used for additional planning activities under a pilot 
program.
    Sec. 1118.--Is amended to require the Secretary and the 
Denali Commission to establish an Alaska Native Village 
Transportation program.
    Sec. 1119.--Make changes to the Federal Lands Highway 
program to allow new activities refuge roads and forest 
highways. It also requires the Secretary to conduct a study on 
collisions between wildlife and motor vehicles.
    Sec. 1207.--Requires the Secretary to establish a pilot 
program to allow States to assume the responsibilities of the 
Secretary for transportation enhancements, recreational trails 
and ITS projects.
    Sec. 1209.--(f) is stricken.
    Sec. 1210.--Requires the off-ramp on Interstate 495/94 to 
remain open to all traffic.
    Sec. 1408.--Requires the Secretary to conduct a rulemaking 
to determine the appropriate conditions under which the State 
should be required to repair or replace damaged features on the 
National Highway System with highway features that have been 
tested, evaluated, and found to be acceptable under certain 
guidelines.
    Sec. 1604.--Makes technical and funding changes to the 
Interstate System construction toll pilot program.
    Sec. 1702.--This section makes technical and funding 
changes to the high priority project authorizations.
    Sec. 1804.--This section designates new highways as high 
priority corridors on the National Highway System.
    Sec. 1808.--This section requires an evaluation of acrylic 
water-borne pavement markings to be used in the pavement 
marking systems evaluation study.
    Sec. 1814.--This section designates the northbound and 
southbound tunnel of I-93 in the city of Boston, Massachusetts 
as the ``Thomas P. `Tip' O'Neil, Jr. Tunnel''.
    Sec. 1818.--This section recognizes that the outstanding 
debt for project number Q-DPM-0013(001) is satisfied.
    Sec. 1819.--This section establishes the lead agency for 
accepting Federal funds from item 13 of the table contained in 
section 1108(b) of the Intermodal Surface Transportation 
Efficiency Act of 1991.
    Sec. 1820.--This section provides that any debris from the 
demolition of a bridge or overpass must be made available for 
public use by Federal, State, and local governments.
    Sec. 1821.--This section creates an incentive within the 
Department of Housing and Urban Development to spur economic 
development.
    Sec. 1822.--This section makes necessary technical 
amendments to the high priority projects in section 1602 of TEA 
21.
    Sec. 1823.--This section creates a National Clearinghouse 
for the purpose of assembling and disseminating information 
relating to the improvement of roadway work zone safety.
    Sec. 1824.--This section makes procedural improvement to 
the planning requirements for metropolitan areas and States in 
regard to the Clean Air Act.
    Sec. 2009.--This section makes changes to how fees for 
motorcycle safety training grants are collected.
    Sec. 2011.--This section directs the Secretary to create a 
model statute for the States to use when developing drugged 
driving detection, prevention, and enforcement programs.
    Sec. 3009.--This section makes a technical change to the 
clean fuels formula grant program under section 5308 of title 
49, U.S.C.
    Sec. 3010.--This section creates a $10 million a year set-
aside program for passenger ferries from section 5309 of title 
49, U.S.C.
    Sec. 3018.--This section makes a technical change to the 
low density formula grant adjustment under the section 5317, 
title 49, U.S.C. New Freedom grant program.
    Sec. 3037.--This section adds additional new starts project 
authorizations.
    Sec. 3038.-- This section makes technical changes to 
project designations in the bus and bus facilities program.
    Sec. 3039.--This section makes technical amendments to the 
national fuel cell bus technology development program.
    Sec. 3040.--The section on axle weight for transit buses is 
moved to title 1 of the bill.
    Sec. 3042.--This section adds a new study on the adequacy 
of public transportation systems' adequacy to meet capacity 
needs in a security crisis.
    Sec. 3045.--This section adds a new study on the potential 
benefits of cooperative procurement of transit buses.
    Sec. 4120.--This section makes a technical amendment to the 
funding levels of the FMCSA outreach and education program.
    Sec. 4121.--This section makes technical amendments to the 
insulin-treated diabetes mellitus exemption program.
    Sec. 4128.--This section provides FMCSA with the necessary 
authority to conduct inspections of intermodal equipment 
providers, including the intermodal equipment to ensure that 
the proper maintenance is conducted.
    Sec. 4208.--This section clarifies that household goods 
movers can only challenge information in the consumer complaint 
database, if the alleged complaint is fraudulent or duplicate.
    Sec. 4212.--This section defines the applicability of the 
provisions of this bill and of title 49, U.S.C., that relate to 
the transportation of household goods.
    Sec. 5103.--This section amends Title V of TEA LU to 
include certain provisions from H.R. 3551, the Science 
Committee's reported bill addressing research. From the Science 
Committee's bill, the amendment adds their Findings section, 
which provides guiding principles for the overall research 
program conducted by the Secretary of Transportation. The 
amendment also adds the Science Committee's definitions for 
``stakeholder input'', ``competition and peer review'' and 
``performance review and evaluation''. The amendment adds the 
Science Committee's approach to the Garret A. Morgan Technology 
and Transportation Education Program, an education program for 
students, particularly women and minorities. The amendment also 
adds the Science Committee's approach to ``Programmatic 
Evaluations''. The amendment further adds the Science 
Committee's program of a ``Transportation Education Development 
Pilot Program''. The amendment also adds the Science 
Committee's ``Transportation research and development strategic 
planning'' principles which will now govern the approach the 
Secretary of Transportation to implementing the research 
programs continued within TEA LU. The amendment also adds the 
Science Committee's approach to reform of the Bureau of 
Transportation Statistics, which includes amendment to the 
National Spatial Data Infrastructure effort, Intermodal 
Transportation Data Base, National Transportation Library and 
National Transportation Atlas Data Base. The amendment also 
adds the Science Committee's ITS Advisory Committee. The 
amendment also adds the Science Committee's ``Road Weather 
Research and Development Program''. The amendment also adds 
Centers for Surface Transportation Excellence.
    Sec. 5201.--This section amends the requirements in the 
research, technology and education program for stakeholder 
input, competition and peer review, and performance review and 
evaluation.
    Sec. 5203.--This section makes funding changes to the 
training and education program.
    Sec. 5204.--This section amends the term 'materials' as 
used in this section to include recycled materials.
    Sec. 5205.--This section adds the Garrett A. Morgan 
education program to the research title, as well as requires 
the Secretary to establish a grant program to institutions of 
higher learning that develop, test, and revise new curricula in 
partnership with industry.
    Sec. 5209.--This section makes technical corrections to the 
strategic highway research program, as well as require the GAO 
to conduct a study of the grants, cooperative agreements, or 
contracts issued in the first three years of this program.
    Sec. 5213.--This section amends the transportation research 
and development strategic plan.
    Sec. 5302.--This section makes technical corrections to the 
university transportation research program.
    Sec. 5501.--This section amends and makes improvements to 
the statute that establishes the Bureau of Transportation 
Statistics.
    Sec. 5605.--This section amends the requirements for who 
should be given funding under the high priority for funding.
    Sec. 5607.--This section requires the Secretary to 
establish a road weather research and development program to 
maximize the use of road weather information, expand road 
weather developments to improve safety, and promote the use of 
road weather technology transfer.
    Sec. 6001.--This section amends transportation planning to 
allow States the right to alter, amend or repeal interstate 
compacts.
    Sec. 6002.--This section amends the existing environment 
review process.
    Sec. 7003.--This section makes a technical correction to 
the definitions.
    Sec. 7019.--This section makes technical changes to H.R. 
3550 as reported.
    Sec. 7020.--This section makes technical changes to H.R. 
3550 as reported.
    Sec. 8101.--This section sets discretionary spending limits 
on outlays for the highway and mass transit budget categories 
and for new budget authority for the mass transit category, for 
fiscal years 2004-2009. The section also defines budget 
accounts and establishes budgetary firewalls for highway 
account funded programs and the mass transit category programs.
    Sec. 8102.--This section provides the mechanism to adjust 
highway spending in fiscal years 2006-2009 to align with the 
amount of highway receipts flowing into the highway account of 
the Highway Trust Fund.
    Sec. 8103.--This section sets the annual obligation 
limitations for the highway category and mass transit category 
for fiscal years 2004-2009.
    Sec. 9001.--This section increases the authorization for an 
existing program of high speed rail corridor development and 
technology improvement grants at a funding level of $100 
million a year through fiscal years 2005-2012.
    Sec. 9002.--This section authorizes such sums as may be 
necessary for capital grants to the Alaska Railroad. (10 
minutes)
    2. Johnson, Eddie Bernice (TX): Requires the Department of 
Transportation's Section 104(j) report to be made available to 
the public in a user-friendly format via the internet. (10 
minutes)
    3. Flake: Subtracts the amount that states receive in High 
Priority Program earmarks from their formula totals for the 
Surface Transportation Program. Prevents the Minimum Guaranty 
Program from backfilling for what comes out of states'Surface 
Transportation Program funding. Apportions to states, via formula, any 
funding remaining in the High Priority Program. (10 minutes)
    4. Jackson-Lee: Allows states to receive toll credits for 
any local, state, or private funds contributed to a toll 
project that exceed the minimum nonfederal 20% threshold 
required for federal match. (10 minutes)
    5. Shadegg: Ensures that Congestion Mitigation and Air 
Quality Improvement Program funds will be made available for 
areas which are not in attainment of air quality standards for 
either coarse particulate matter (PM-10) or fine particulate 
matter (PM-2.5). (10 minutes)
    6. Schiff: Strikes the toll requirement placed on hybrid 
gasoline-electric car users regarding the use of high-occupancy 
vehicle (HOV) lanes. (10 minutes)
    7. Vitter: Ensures the Interstate Route 49 Corridor is 
given priority consideration under the new National Corridor 
Infrastructure Improvement Program. (10 minutes)
    8. Graves: Eliminates liability under state law for an 
owner of a motor vehicle who is engaged in the business of 
renting and leasing motor vehicles provided there is no 
negligence or criminal wrongdoing on the part of the motor 
vehicle owner. Owner must maintain the required state limits of 
financial responsibility for each vehicle in accordance with 
the state where the vehicle is registered. Elimination of 
vicarious liability commences on the date of enactment. Defines 
``motor vehicle'' and ``owner.'' (10 minutes)
    9. Chocola: Provides for a 400-pound weight limit exclusion 
for any motor vehicle equipped with an idling reduction 
technology verified by the Environmental Protection Agency. (10 
minutes)
    10. Baird: Expresses the Sense of Congress to clarify that 
the Buy America Act applies to overall projects, and not their 
component parts. (10 minutes)
    11. Holt: Preserves the authority and right of the State of 
New Jersey to restrict trucks to only using interstate 
highways, the New Jersey turnpike, and the Atlantic City 
Expressway in New Jersey unless they are traveling to a 
terminal or making pickups or deliveries on other roads in New 
Jersey. This would uphold current restrictions and policy and 
thus, by extension, affirm the right of all states to regulate 
super-sized trucks on the roads that are not part of the 
designated national highway system. (10 minutes)
    12. Waters: Prohibits the use of funds for surface 
transportation projects that are planned or required to 
implement any proposal to build a remote passenger check-in 
facility at Los Angeles International Airport (LAX). (10 
minutes)
    13. LoBiondo: Provides states eligibility to receive 
Section 410, Alcohol-Impaired Countermeasures grant funding to 
cover the costs of DWI vehicle impoundment programs. (10 
minutes)
    14. Wu: Exempts projects, for which the Secretary of 
Transportation has received an application for final design, 
from the small start provisions of the bill. Allows recommended 
new start projects, which have applied for final design, to 
move forward on their original timeline and avoid unnecessary 
delay. (10 minutes)
    15. LaTourette: Requires that in the case of construction 
projects steel or iron used must be of U.S. origin; more than 
60% of the cost components and subcomponenets of all 
manufactured products shall be of U.S. origin; and in the case 
of manufactured components final assembly must occur in the 
U.S. The labor cost related to onsite construction, 
installation, and final assembly is not included in calculating 
the cost. (10 minutes)
    16. Crowley: Creates a pilot program that facilitates the 
use of natural gas buses at the nation's top 25 busiest 
airports. (10 minutes)
    17. Bachus: Exempts motion picture and television 
production truck drivers from the new hours of service 
regulations that went into effect at the beginning of this 
year. (10 minutes)
    18. Bereuter: Continues the farm supply and agricultural 
commodity exemption to the hours of service for drivers rules 
and clarifies the definition of ``agricultural commodities'' 
and ``farm supplies for agricultural purposes.'' (10 minutes)
    19. Ehlers: Clarifies that the Surface Transportation 
Environment Cooperative Research Program authorized in the 
legislation will solely carry out the Transportation Research 
Board's Special Report 268. (10 minutes)
    20. Bradley: Increases the allowable weight of vehicles 
permitted to travel on interstate highways 93 and 89, in New 
Hampshire, from 80,000 to 99,000 pounds. Instructs the New 
Hampshire Department of Transportation to conduct a study to 
discern the economic, safety and infrastructure impact to the 
exemption. (10 minutes)
    21. Kirk: Authorizes states the authority to administer 
requirements governing the sounding of a locomotive horn when a 
train approaches and enters upon public highway-rail grade 
crossings. (10 minutes)
    22. Kennedy, Mark (MN): Repeals the authority to 
indefinitely charge tolls on existing highway lanes, replacing 
it with language that allows tolls only on new voluntary-use 
lanes, with revenues dedicated to new highway capacity. (20 
minutes)
    23. Isakson/Mica/DeMint/Ehlers/Hoekstra/Burns/Chocola/Mario 
Diaz-Balart (FL)/Coble/Scott, David (GA): Includes high 
priority projects and projects of national regional 
significance under the Minimum Guarantee, consistent with 
current law. It clarifies that the $4 billion saved by this 
amendment is returned to the five core programs of interstate 
maintenance, national highway system, bridges, surface 
transportation, congestion mitigation and air quality 
improvement programs. (40 minutes)
                              ----------                              


            PART A--TEXT OF AMENDMENTS CONSIDERED AS ADOPTED


           TEXT OF AMENDMENT NUMBER ONE CONSIDERED AS ADOPTED

    At the end of Title 8, insert the following new section:
    ``Sec. ___. For purposes of clauses 2 and 3 of rule XXI of 
the House of Representatives, it shall be in order to transfer 
funds, in amounts specified in annual appropriations Acts to 
carry out the Transportation Equity Act: A Legacy for Users 
(including the amendments made by that Act), from the Federal 
Transit Administration's administrative expenses account to 
other mass transit budget accounts under section 250(c)(4)(C) 
of the Balanced Budget and Emergency Deficit Control Act of 
1985.''
                              ----------                              


           TEXT OF AMENDMENT NUMBER TWO CONSIDERED AS ADOPTED

  At the end of the bill, add the following new title (and 
amend the table of contents accordingly):

                        TITLE IX--TAX PROVISIONS

SEC. 9000. SHORT TITLE, ETC.

  (a) Short Title.--This title may be cited as the ``Highway 
Reauthorization Tax 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.

                Subtitle A--Highway Trust Fund Extension

SEC. 9101. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUND.

  (a) Extension of Taxes.--
          (1) In general.--The following provisions of the 
        Internal Revenue Code of 1986 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 4051(c) (relating to termination 
                of tax on heavy trucks and trailers).
                  (D) Section 4071(d) (relating to termination 
                of tax on tires).
                  (E) Section 4081(d)(1) (relating to 
                termination of tax on gasoline, diesel fuel, 
                and kerosene).
                  (F) Section 4481(e) (relating to period tax 
                in effect).
                  (G) Section 4482(c)(4) (relating to taxable 
                period).
                  (H) Section 4482(d) (relating to special rule 
                for taxable period in which termination date 
                occurs).
          (2) Floor stocks refunds.--Section 6412(a)(1) of such 
        Code (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 of such Code 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 Trust Funds.--
          (1) In general.--Subsection (b), and paragraphs (2) 
        and (3) of subsection (c), of section 9503 of such Code 
        (relating to the Highway Trust Fund) are each amended--
                  (A) by striking ``2005'' each place it 
                appears and inserting ``2011'', and
                  (B) by striking ``2006'' each place it 
                appears and inserting ``2012''.
          (2) Motorboat and small-engine fuel tax transfers.--
                  (A) In general.--Paragraphs (4)(A)(i) and 
                (5)(A) of section 9503(c) of such Code are each 
                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--
                          (i) by striking ``2003'' and 
                        inserting ``2009'', and
                          (ii) by striking ``2004'' each place 
                        it appears and inserting ``2010''.
  (d) Extension and Expansion of Expenditures From Trust 
Funds.--
          (1) Highway trust fund.--
                  (A) Highway account.--Paragraph (1) of 
                section 9503(c) of such Code is amended--
                          (i) in the matter before subparagraph 
                        (A), by striking ``May 1, 2004'' and 
                        inserting ``October 1, 2009'',
                          (ii) by striking ``or'' at the end of 
                        subparagraph (F),
                          (iii) by striking the period at the 
                        end of subparagraph (G) and inserting 
                        ``, or'',
                          (iv) by inserting after subparagraph 
                        (G), the following new subparagraph:
                  ``(H) authorized to be paid out of the 
                Highway Trust Fund under the Transportation 
                Equity Act: A Legacy for Users.'', and
                          (v) in the matter after subparagraph 
                        (H), as added by clause (iv), by 
                        striking ``Surface Transportation 
                        Extension Act of 2004'' and inserting 
                        ``Transportation Equity Act: A Legacy 
                        for Users''.
                  (B) Mass transit account.--Paragraph (3) of 
                section 9503(e) of such Code is amended--
                          (i) in the matter before subparagraph 
                        (A), by striking ``May 1, 2004'' and 
                        inserting ``October 1, 2009'',
                          (ii) in subparagraph (D), by striking 
                        ``or'' at the end of such subparagraph,
                          (iii) in subparagraph (E), by 
                        inserting ``or'' at the end of such 
                        subparagraph,
                          (iv) by inserting after subparagraph 
                        (E) the following new subparagraph:
                  ``(F) the Transportation Equity Act: A Legacy 
                for Users,'', and
                          (v) in the matter after subparagraph 
                        (F), as added by clause (iv), by 
                        striking ``Surface Transportation 
                        Extension Act of 2004'' and inserting 
                        ``Transportation Equity Act: A Legacy 
                        for Users''.
                  (C) Limitation on transfers.--Subparagraph 
                (B) of section 9503(b)(5) of such Code is 
                amended by striking ``May 1, 2004'' and 
                inserting ``October 1, 2009''.
          (2) Aquatic resources trust fund.--
                  (A) Sport fish restoration account.--
                Paragraph (2) of section 9504(b) of such Code 
                is amended by striking ``Surface Transportation 
                Extension Act of 2004'' each place it appears 
                and inserting ``Transportation Equity Act: A 
                Legacy for Users''.
                  (B) Boat safety account.--Subsection (c) of 
                section 9504 of such Code is amended--
                          (i) by striking ``May 1, 2004'' and 
                        inserting ``October 1, 2009'', and
                          (ii) by striking ``Surface 
                        Transportation Extension Act of 2004'' 
                        and inserting ``Transportation Equity 
                        Act: A Legacy for Users''.
                  (C) Exception to limitation on transfers.--
                Paragraph (2) of section 9504(d) of such Code 
                is amended by striking ``May 1, 2004'' and 
                inserting ``October 1, 2009''.

    Subtitle B--Restructuring of Incentives for Alcohol Fuels, Etc.

SEC. 9201. REDUCED RATES OF TAX ON GASOHOL REPLACED WITH EXCISE TAX 
                    CREDIT; REPEAL OF OTHER ALCOHOL-BASED FUEL 
                    INCENTIVES; ETC.

  (a) Excise Tax Credit for Alcohol Fuel Mixtures.--
          (1) In general.--Subsection (f) of section 6427 is 
        amended to read as follows:
  ``(f) Alcohol Fuel Mixtures.--
          ``(1) In general.--The amount of credit which would 
        (but for section 40(c)) be determined under section 
        40(a)(1) for any period--
                  ``(A) shall, with respect to taxable events 
                occurring during such period, be treated--
                          ``(i) as a payment of the taxpayer's 
                        liability for tax imposed by section 
                        4081, and
                          ``(ii) as received at the time of the 
                        taxable event, and
                  ``(B) to the extent such amount of credit 
                exceeds such liability for such period, shall 
                (except as provided in subsection (k)) be paid 
                subject to subsection (i)(3) by the Secretary 
                without interest.
          ``(2) Special rules.--
                  ``(A) Only certain alcohol taken into 
                account.--For purposes of paragraph (1), 
                section 40 shall be applied--
                          ``(i) by not taking into account 
                        alcohol with a proof of less than 190, 
                        and
                          ``(ii) by treating as alcohol the 
                        alcohol gallon equivalent of ethyl 
                        tertiary butyl ether or other ethers 
                        produced from such alcohol.
                  ``(B) Treatment of refiners.--For purposes of 
                paragraph (1), in the case of a mixture--
                          ``(i) the alcohol in which is 
                        described in subparagraph (A)(ii), and
                          ``(ii) which is produced by any 
                        person at a refinery prior to any 
                        taxable event,
                section 40 shall be applied by treating such 
                person as having sold such mixture at the time 
                of its removal from the refinery (and only at 
                such time) to another person for use as a fuel.
          ``(3) Mixtures not used as fuel.--Rules similar to 
        the rules of subparagraphs (A) and (D) of section 
        40(d)(3) shall apply for purposes of this subsection.
          ``(4) Termination.--This section shall apply only to 
        periods to which section 40 applies, determined by 
        substituting in section 40(e)--
                  ``(A) `December 31, 2010' for `December 31, 
                2007', and
                  ``(B) `January 1, 2011' for `January 1, 
                2008'.''
          (2) Revision of rules for payment of credit.--
        Paragraph (3) of section 6427(i) is amended to read as 
        follows:
          ``(3) Special rule for alcohol mixture credit.--
                  ``(A) In general.--A claim may be filed under 
                subsection (f)(1)(B) by any person for any 
                period--
                          ``(i) for which $200 or more is 
                        payable under such subsection 
                        (f)(1)(B), and
                          ``(ii) which is not less than 1 week.
                In the case of an electronic claim, this 
                subparagraph shall be applied without regard to 
                clause (i).
                  ``(B) Payment of claim.--Notwithstanding 
                subsection (f)(1)(B), if the Secretary has not 
                paid pursuant to a claim filed under this 
                section within 45 days of the date of the 
                filing of such claim (20 days in the case of an 
                electronic claim), the claim shall be paid with 
                interest from such date determined by using the 
                overpayment rate and method under section 6621.
                  ``(C) Time for filing claim.--No claim filed 
                under this paragraph shall be allowed unless 
                filed on or before the last day of the first 
                quarter following the earliest quarter included 
                in the claim.''
  (b) Repeal of Other Incentives for Fuel Mixtures.--
          (1) Subsection (b) of section 4041 is amended to read 
        as follows:
  ``(b) Exemption for Off-Highway Business Use.--
          ``(1) In general.--No tax shall be imposed by 
        subsection (a) or (d)(1) on liquids sold for use or 
        used in an off-highway business use.
          ``(2) Tax where other use.--If a liquid on which no 
        tax was imposed by reason of paragraph (1) is used 
        otherwise than in an off-highway business use, a tax 
        shall be imposed by paragraph (1)(B), (2)(B), or 
        (3)(A)(ii) of subsection (a) (whichever is appropriate) 
        and by the corresponding provision of subsection (d)(1) 
        (if any).
          ``(3) Off-highway business use defined.--For purposes 
        of this subsection, the term `off-highway business use' 
        has the meaning given to such term by section 
        6421(e)(2); except that such term shall not, for 
        purposes of subsection (a)(1), include use in a diesel-
        powered train.''
          (2) Section 4041(k) is hereby repealed.
          (3) Section 4081(c) is hereby repealed.
          (4) Section 4091(c) is hereby repealed.
  (c) Transfers to Highway Trust Fund.--Paragraph (4) of 
section 9503(b) is amended by adding ``or'' at the end of 
subparagraph (B), by striking the comma at the end of 
subparagraph (C) and inserting a period, and by striking 
subparagraphs (D), (E), and (F).
  (d) Conforming Amendments.--
          (1) Subsection (c) of section 40 is amended to read 
        as follows:
  ``(c) Coordination With Excise Tax Benefits.--The amount of 
the credit determined under this section with respect to any 
alcohol shall, under regulations prescribed by the Secretary, 
be properly reduced to take into account the benefit provided 
with respect to such alcohol under section 6427(f).''
          (2) Subparagraph (B) of section 40(d)(4) is amended 
        by striking ``under section 4041(k) or 4081(c)'' and 
        inserting ``under section 6427(f)''.
  (e) Effective Dates.--
          (1) In general.--Except as provided by paragraph (2), 
        the amendments made by this section shall apply to fuel 
        sold or used after September 30, 2004.
          (2) Subsection (c).--The amendments made by 
        subsection (c) shall apply to taxes imposed after 
        September 30, 2003.

SEC. 9202. ALCOHOL FUEL SUBSIDIES BORNE BY GENERAL FUND.

  (a) Transfers to Fund.--Section 9503(b)(1) is amended by 
adding at the end the following new flush sentence:
        ``For purposes of this paragraph, the amount of taxes 
        received under section 4081 shall include any amount 
        treated as a payment under section 6427(f)(1)(A) and 
        shall not be reduced by the amount paid under section 
        6427(f)(1)(B).''.
  (b) Transfers From Fund.--Subparagraph (A) of section 
9503(c)(2) is amended by adding at the end the following new 
sentence: ``Clauses (i)(III) and (ii) shall not apply to claims 
under section 6427(f)(1)(B).''
  (c) Effective Date.--
          (1) Subsection (a).--The amendment made by subsection 
        (a) shall apply to taxes received after September 30, 
        2004.
          (2) Subsection (b).--The amendment made by subsection 
        (b) shall apply to amounts paid after September 30, 
        2004, and (to the extent related to section 34 of the 
        Internal Revenue Code of 1986) to fuel used after such 
        date.

               Subtitle C--Reduction of Fuel Tax Evasion

SEC. 9301. EXEMPTION FROM CERTAIN EXCISE TAXES FOR MOBILE MACHINERY.

  (a) Exemption From Tax on Heavy Trucks and Trailers Sold at 
Retail.--
          (1) In general.--Section 4053 (relating to 
        exemptions) is amended by adding at the end the 
        following new paragraph:
          ``(8) Mobile machinery.--Any vehicle which consists 
        of a chassis--
                  ``(A) to which there has been permanently 
                mounted (by welding, bolting, riveting, or 
                other means) machinery or equipment to perform 
                a construction, manufacturing, processing, 
                farming, mining, drilling, timbering, or 
                similar operation if the operation of the 
                machinery or equipment is unrelated to 
                transportation on or off the public highways,
                  ``(B) which has been specially designed to 
                serve only as a mobile carriage and mount (and 
                a power source, where applicable) for the 
                particular machinery or equipment involved, 
                whether or not such machinery or equipment is 
                in operation, and
                  ``(C) which, by reason of such special 
                design, could not, without substantial 
                structural modification, be used as a component 
                of a vehicle designed to perform a function of 
                transporting any load other than that 
                particular machinery or equipment or similar 
                machinery or equipment requiring such a 
                specially designed chassis.''.
          (2) Effective date.--The amendment made by this 
        subsection shall take effect on the day after the date 
        of the enactment of this Act.
  (b) Exemption From Tax on Use of Certain Vehicles.--
          (1) In general.--Section 4483 (relating to 
        exemptions) is amended by redesignating subsection (g) 
        as subsection (h) and by inserting after subsection (f) 
        the following new subsection:
  ``(g) Exemption for Mobile Machinery.--No tax shall be 
imposed by section 4481 on the use of any vehicle described in 
section 4053(8).''.
          (2) Effective date.--The amendments made by this 
        subsection shall take effect on the day after the date 
        of the enactment of this Act.
  (c) Exemption From Tax on Tires.--
          (1) In General.--Section 4072(b)(2) is amended by 
        adding at the end the following flush sentence: ``Such 
        term shall not include tires of a type used exclusively 
        on vehicles described in section 4053(8).''.
          (2) Effective date.--The amendment made by this 
        subsection shall take effect on the day after the date 
        of the enactment of this Act.
  (d) Refund of Fuel Taxes.--
          (1) In general.--Section 6421(e)(2) (defining off-
        highway business use) is amended by adding at the end 
        the following new subparagraph:
                  ``(C) Uses in mobile machinery.--
                          ``(i) In general.--The term `off-
                        highway business use' shall include any 
                        use in a vehicle which meets the 
                        requirements described in clause (ii).
                          ``(ii) Requirements for mobile 
                        machinery.--The requirements described 
                        in this clause are--
                                  ``(I) the design-based test, 
                                and
                                  ``(II) the use-based test.
                          ``(iii) Design-based test.--For 
                        purposes of clause (ii)(I), the design-
                        based test is met if the vehicle 
                        consists of a chassis--
                                  ``(I) to which there has been 
                                permanently mounted (by 
                                welding, bolting, riveting, or 
                                other means) machinery or 
                                equipment to perform a 
                                construction, manufacturing, 
                                processing, farming, mining, 
                                drilling, timbering, or similar 
                                operation if the operation of 
                                the machinery or equipment is 
                                unrelated to transportation on 
                                or off the public highways,
                                  ``(II) which has been 
                                specially designed to serve 
                                only as a mobile carriage and 
                                mount (and a power source, 
                                where applicable) for the 
                                particular machinery or 
                                equipment involved, whether or 
                                not such machinery or equipment 
                                is in operation, and
                                  ``(III) which, by reason of 
                                such special design, could not, 
                                without substantial structural 
                                modification, be used as a 
                                component of a vehicle designed 
                                to perform a function of 
                                transporting any load other 
                                than that particular machinery 
                                or equipment or similar 
                                machinery or equipment 
                                requiring such a specially 
                                designed chassis.
                          ``(iv) Use-based test.--For purposes 
                        of clause (ii)(II), the use-based test 
                        is met if the use of the vehicle on 
                        public highways was less than 7,500 
                        miles during the taxpayer's taxable 
                        year.''.
          (2) No tax-free sales.--Subsection (b) of section 
        4082, as amended by section 9302, is amended by 
        inserting before the period at the end ``and such term 
        shall not include any use described in section 
        6421(e)(2)(C)''.
          (3) Annual refund of tax paid.--Section 6427(i)(2) 
        (relating to exceptions) is amended by adding at the 
        end the following new subparagraph:
                  ``(C) Nonapplication of paragraph.--This 
                paragraph shall not apply to any fuel used 
                solely in any off-highway business use 
                described in section 6421(e)(2)(C).''.
          (4) Effective date.--The amendments made by this 
        subsection shall apply to taxable years beginning after 
        the date of the enactment of this Act.

SEC. 9302. TAXATION OF AVIATION-GRADE KEROSENE.

  (a) Rate of Tax.--
          (1) In general.--Subparagraph (A) of section 
        4081(a)(2) is amended by striking ``and'' at the end of 
        clause (ii), by striking the period at the end of 
        clause (iii) and inserting ``, and'', and by adding at 
        the end the following new clause:
                          ``(iv) in the case of aviation-grade 
                        kerosene, 21.8 cents per gallon.''.
          (2) Commercial aviation.--Paragraph (2) of section 
        4081(a) is amended by adding at the end the following 
        new subparagraph:
                  ``(C) Taxes imposed on fuel used in 
                commercial aviation.--In the case of aviation-
                grade kerosene which is removed from any 
                refinery or terminal directly into the fuel 
                tank of an aircraft for use in commercial 
                aviation, the rate of tax under subparagraph 
                (A)(iv) shall be 4.3 cents per gallon.''.
          (3) Certain refueler trucks, tankers, and tank wagons 
        treated as terminal.--Subsection (a) of section 4081 is 
        amended by adding at the end the following new 
        paragraph:
          ``(3) Certain refueler trucks, tankers, and tank 
        wagons treated as terminal.--
                  ``(A) In general.--In the case of aviation-
                grade kerosene which is removed from any 
                terminal directly into the fuel tank of an 
                aircraft (determined without regard to any 
                refueler truck, tanker, or tank wagon which 
                meets the requirements of subparagraph (B)), a 
                refueler truck, tanker, or tank wagon shall be 
                treated as part of such terminal if--
                          ``(i) such truck, tanker, or wagon 
                        meets the requirements of subparagraph 
                        (B) with respect to an airport, and
                          ``(ii) except in the case of exigent 
                        circumstances identified by the 
                        Secretary in regulations, no vehicle 
                        registered for highway use is loaded 
                        with aviation-grade kerosene at such 
                        terminal.
                  ``(B) Requirements.--A refueler truck, 
                tanker, or tank wagon meets the requirements of 
                this subparagraph with respect to an airport if 
                such truck, tanker, or wagon--
                          ``(i) is loaded with aviation-grade 
                        kerosene at such terminal located 
                        within such airport and delivers such 
                        kerosene only into aircraft at such 
                        airport,
                          ``(ii) has storage tanks, hose, and 
                        coupling equipment designed and used 
                        for the purposes of fueling aircraft,
                          ``(iii) is not registered for highway 
                        use, and
                          ``(iv) is operated by--
                                  ``(I) the terminal operator 
                                of such terminal, or
                                  ``(II) a person that makes a 
                                daily accounting to such 
                                terminal operator of each 
                                delivery of fuel from such 
                                truck, tanker, or wagon.
                  ``(C) Reporting.--The Secretary shall require 
                under section 4101(d) reporting by such 
                terminal operator of--
                          ``(i) any information obtained under 
                        subparagraph (B)(iv)(II), and
                          ``(ii) any similar information 
                        maintained by such terminal operator 
                        with respect to deliveries of fuel made 
                        by trucks, tankers, or wagons operated 
                        by such terminal operator.''.
          (4) Liability for tax on aviation-grade kerosene used 
        in commercial aviation.--Subsection (a) of section 4081 
        is amended by adding at the end the following new 
        paragraph:
          ``(4) Liability for tax on aviation-grade kerosene 
        used in commercial aviation.--For purposes of paragraph 
        (2)(C), the person who uses the fuel for commercial 
        aviation shall pay the tax imposed under such 
        paragraph. For purposes of the preceding sentence, fuel 
        shall be treated as used when such fuel is removed into 
        the fuel tank.''.
          (5) Nontaxable uses.--
                  (A) In general.--Section 4082 is amended by 
                redesignating subsections (e) and (f) as 
                subsections (f) and (g), respectively, and by 
                inserting after subsection (d) the following 
                new subsection:
  ``(e) Aviation-Grade Kerosene.--In the case of aviation-grade 
kerosene which is exempt from the tax imposed by section 
4041(c) (other than by reason of a prior imposition of tax) and 
which is removed from any refinery or terminal directly into 
the fuel tank of an aircraft, the rate of tax under section 
4081(a)(2)(A)(iv) shall be zero.''.
                  (B) Conforming amendments.--
                          (i) Subsection (b) of section 4082 is 
                        amended by adding at the end the 
                        following new flush sentence:
``The term `nontaxable use' does not include the use of 
aviation-grade kerosene in an aircraft.''.
                          (ii) Section 4082(d) is amended by 
                        striking paragraph (1) and by 
                        redesignating paragraphs (2) and (3) as 
                        paragraphs (1) and (2), respectively.
          (6) Nonaircraft use of aviation-grade kerosene.--
                  (A) In general.--Subparagraph (B) of section 
                4041(a)(1) is amended by adding at the end the 
                following new sentence: ``This subparagraph 
                shall not apply to aviation-grade kerosene.''.
                  (B) Conforming amendment.--The heading for 
                paragraph (1) of section 4041(a) is amended by 
                inserting ``and kerosene'' after ``diesel 
                fuel''.
  (b) Commercial Aviation.--Section 4083 is amended by 
redesignating subsections (b) and (c) as subsections (c) and 
(d), respectively, and by inserting after subsection (a) the 
following new subsection:
  ``(b) Commercial Aviation.--For purposes of this subpart, the 
term `commercial aviation' means any use of an aircraft in a 
business of transporting persons or property for compensation 
or hire by air, unless properly allocable to any transportation 
exempt from the taxes imposed by sections 4261 and 4271 by 
reason of section 4281 or 4282 or by reason of section 
4261(h).''.
  (c) Refunds.--
          (1) In general.--Paragraph (4) of section 6427(l) is 
        amended to read as follows:
          ``(4) Refunds for aviation-grade kerosene.--
                  ``(A) No refund of certain taxes on fuel used 
                in commercial aviation.--In the case of 
                aviation-grade kerosene used in commercial 
                aviation (as defined in section 4083(b)) (other 
                than supplies for vessels or aircraft within 
                the meaning of section 4221(d)(3)), paragraph 
                (1) shall not apply to so much of the tax 
                imposed by section 4081 as is attributable to--
                          ``(i) the Leaking Underground Storage 
                        Tank Trust Fund financing rate imposed 
                        by such section, and
                          ``(ii) so much of the rate of tax 
                        specified in section 4081(a)(2)(A)(iv) 
                        as does not exceed 4.3 cents per 
                        gallon.
                  ``(B) Payment to ultimate, registered 
                vendor.--With respect to aviation-grade 
                kerosene, if the ultimate purchaser of such 
                kerosene waives (at such time and in such form 
                and manner as the Secretary shall prescribe) 
                the right to payment under paragraph (1) and 
                assigns such right to the ultimate vendor, then 
                the Secretary shall pay the amount which would 
                be paid under paragraph (1) to such ultimate 
                vendor, but only if such ultimate vendor--
                          ``(i) is registered under section 
                        4101, and
                          ``(ii) meets the requirements of 
                        subparagraph (A), (B), or (D) of 
                        section 6416(a)(1).''.
          (2) Time for filing claims.--Subparagraph (A) of 
        section 6427(i)(4) is amended--
                  (A) by striking ``subsection (l)(5)'' both 
                places it appears and inserting ``paragraph 
                (4)(B) or (5) of subsection (l)'', and
                  (B) by striking ``the preceding sentence'' 
                and inserting ``subsection (l)(5)''.
          (3) Conforming amendment.--Subparagraph (B) of 
        section 6427(l)(2) is amended to read as follows:
                  ``(B) in the case of aviation-grade 
                kerosene--
                          ``(i) any use which is exempt from 
                        the tax imposed by section 4041(c) 
                        other than by reason of a prior 
                        imposition of tax, or
                          ``(ii) any use in commercial aviation 
                        (within the meaning of section 
                        4083(b)).''.
  (d) Repeal of Prior Taxation of Aviation Fuel.--
          (1) In general.--Part III of subchapter A of chapter 
        32 is amended by striking subpart B and by 
        redesignating subpart C as subpart B.
          (2) Conforming amendments.--
                  (A) Section 4041(c) is amended to read as 
                follows:
  ``(c) Aviation-Grade Kerosene.--
          ``(1) In general.--There is hereby imposed a tax upon 
        aviation-grade kerosene--
                  ``(A) sold by any person to an owner, lessee, 
                or other operator of an aircraft for use in 
                such aircraft, or
                  ``(B) used by any person in an aircraft 
                unless there was a taxable sale of such fuel 
                under subparagraph (A).
          ``(2) Exemption for previously taxed fuel.--No tax 
        shall be imposed by this subsection on the sale or use 
        of any aviation-grade kerosene if tax was imposed on 
        such liquid under section 4081 and the tax thereon was 
        not credited or refunded.
          ``(3) Rate of tax.--The rate of tax imposed by this 
        subsection shall be the rate of tax specified in 
        section 4081(a)(2)(A)(iv) which is in effect at the 
        time of such sale or use.''.
                  (B) Section 4041(d)(2) is amended by striking 
                ``section 4091'' and inserting ``section 
                4081''.
                  (C) Section 4041 is amended by striking 
                subsection (e).
                  (D) Section 4041 is amended by striking 
                subsection (i).
                  (E) Sections 4101(a), 4103, 4221(a), and 6206 
                are each amended by striking ``, 4081, or 
                4091'' and inserting ``or 4081''.
                  (F) Section 6416(b)(2) is amended by striking 
                ``4091 or''.
                  (G) Section 6416(b)(3) is amended by striking 
                ``or 4091'' each place it appears.
                  (H) Section 6416(d) is amended by striking 
                ``or to the tax imposed by section 4091 in the 
                case of refunds described in section 4091(d)''.
                  (I) Section 6427(j)(1) is amended by striking 
                ``, 4081, and 4091'' and inserting ``and 
                4081''.
                  (J)(i) Section 6427(l)(1) is amended to read 
                as follows:
          ``(1) In general.--Except as otherwise provided in 
        this subsection and in subsection (k), if any diesel 
        fuel or kerosene on which tax has been imposed by 
        section 4041 or 4081 is used by any person in a 
        nontaxable use, the Secretary shall pay (without 
        interest) to the ultimate purchaser of such fuel an 
        amount equal to the aggregate amount of tax imposed on 
        such fuel under section 4041 or 4081, as the case may 
        be, reduced by any payment made to the ultimate vendor 
        under paragraph (4)(B).''.
                  (ii) Paragraph (5)(B) of section 6427(l) is 
                amended by striking ``Paragraph (1)(A) shall 
                not apply to kerosene'' and inserting 
                ``Paragraph (1) shall not apply to kerosene 
                (other than aviation-grade kerosene)''.
                  (K) Subparagraph (B) of section 6724(d)(1) is 
                amended by striking clause (xv) and by 
                redesignating the succeeding clauses 
                accordingly.
                  (L) Paragraph (2) of section 6724(d) is 
                amended by striking subparagraph (W) and by 
                redesignating the succeeding subparagraphs 
                accordingly.
                  (M) Paragraph (1) of section 9502(b) is 
                amended by adding ``and'' at the end of 
                subparagraph (B) and by striking subparagraphs 
                (C) and (D) and inserting the following new 
                subparagraph:
                  ``(C) section 4081 with respect to aviation 
                gasoline and aviation-grade kerosene, and''.
                  (N) The last sentence of section 9502(b) is 
                amended to read as follows:
``There shall not be taken into account under paragraph (1) so 
much of the taxes imposed by section 4081 as are determined at 
the rate specified in section 4081(a)(2)(B).''.
                  (O) Subsection (b) of section 9508 is amended 
                by striking paragraph (3) and by redesignating 
                paragraphs (4) and (5) as paragraphs (3) and 
                (4), respectively.
                  (P) Section 9508(c)(2)(A) is amended by 
                striking ``sections 4081 and 4091'' and 
                inserting ``section 4081''.
                  (Q) The table of subparts for part III of 
                subchapter A of chapter 32 is amended to read 
                as follows:

        ``Subpart A. Motor and aviation fuels.
        ``Subpart B. Special provisions applicable to fuels tax.''.

                  (R) The heading for subpart A of part III of 
                subchapter A of chapter 32 is amended to read 
                as follows:

                ``Subpart A--Motor and Aviation Fuels''.

                  (S) The heading for subpart B of part III of 
                subchapter A of chapter 32, as redesignated by 
                paragraph (1), is amended to read as follows:

       ``Subpart B--Special Provisions Applicable to Fuels Tax''.

  (e) Effective Date.--The amendments made by this section 
shall apply to aviation-grade kerosene removed, entered, or 
sold after September 30, 2004.
  (f) Floor Stocks Tax.--
          (1) In general.--There is hereby imposed on aviation-
        grade kerosene held on October 1, 2004, by any person a 
        tax equal to--
                  (A) the tax which would have been imposed 
                before such date on such kerosene had the 
                amendments made by this section been in effect 
                at all times before such date, reduced by
                  (B) the tax imposed before such date under 
                section 4091 of the Internal Revenue Code of 
                1986, as in effect on the day before the date 
                of the enactment of this Act.
          (2) Liability for tax and method of payment.--
                  (A) Liability for tax.--The person holding 
                the kerosene on October 1, 2004, to which the 
                tax imposed by paragraph (1) applies shall be 
                liable for such tax.
                  (B) Method and time for payment.--The tax 
                imposed by paragraph (1) shall be paid at such 
                time and in such manner as the Secretary of the 
                Treasury (or the Secretary's delegate) shall 
                prescribe, including the nonapplication of such 
                tax on de minimis amounts of kerosene.
          (3) Transfer of floor stock tax revenues to trust 
        funds.--For purposes of determining the amount 
        transferred to any trust fund, the tax imposed by this 
        subsection shall be treated as imposed by section 4081 
        of the Internal Revenue Code of 1986--
                  (A) at the Leaking Underground Storage Tank 
                Trust Fund financing rate under such section to 
                the extent of 0.1 cents per gallon, and
                  (B) at the rate under section 
                4081(a)(2)(A)(iv) to the extent of the 
                remainder.
          (4) Held by a person.--For purposes of this section, 
        kerosene shall be considered as held by a person if 
        title thereto has passed to such person (whether or not 
        delivery to the person has been made).
          (5) Other laws applicable.--All provisions of law, 
        including penalties, applicable with respect to the tax 
        imposed by section 4081 of such Code shall, insofar as 
        applicable and not inconsistent with the provisions of 
        this subsection, apply with respect to the floor stock 
        tax imposed by paragraph (1) to the same extent as if 
        such tax were imposed by such section.

SEC. 9303. DYE INJECTION EQUIPMENT.

  (a) In General.--Section 4082(a)(2) (relating to exemptions 
for diesel fuel and kerosene) is amended by inserting ``by 
mechanical injection'' after ``indelibly dyed''.
  (b) Dye Injector Security.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of the 
Treasury shall issue regulations regarding mechanical dye 
injection systems described in the amendment made by subsection 
(a), and such regulations shall include standards for making 
such systems tamper resistant.
  (c) Penalty for Tampering With or Failing To Maintain 
Security Requirements for Mechanical Dye Injection Systems.--
          (1) In general.--Part I of subchapter B of chapter 68 
        (relating to assessable penalties) is amended by adding 
        after section 6715 the following new section:

``SEC. 6715A. TAMPERING WITH OR FAILING TO MAINTAIN SECURITY 
                    REQUIREMENTS FOR MECHANICAL DYE INJECTION SYSTEMS.

  ``(a) Imposition of Penalty--
          ``(1) Tampering.--If any person tampers with a 
        mechanical dye injection system used to indelibly dye 
        fuel for purposes of section 4082, such person shall 
        pay a penalty in addition to the tax (if any).
          ``(2) Failure to maintain security requirements.--If 
        any operator of a mechanical dye injection system used 
        to indelibly dye fuel for purposes of section 4082 
        fails to maintain the security standards for such 
        system as established by the Secretary, then such 
        operator shall pay a penalty in addition to the tax (if 
        any).
  ``(b) Amount of Penalty.--The amount of the penalty under 
subsection (a) shall be--
          ``(1) for each violation described in paragraph (1), 
        the greater of--
                  ``(A) $25,000, or
                  ``(B) $10 for each gallon of fuel involved, 
                and
          ``(2) for each--
                  ``(A) failure to maintain security standards 
                described in paragraph (2), $1,000, and
                  ``(B) failure to correct a violation 
                described in paragraph (2), $1,000 per day for 
                each day after which such violation was 
                discovered or such person should have 
                reasonably known of such violation.
  ``(c) 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) Clerical amendment.--The table of sections for 
        part I of subchapter B of chapter 68 is amended by 
        adding after the item related to section 6715 the 
        following new item:

        ``Sec. 6715A. Tampering with or failing to maintain security 
                  requirements for mechanical dye injection systems.''.

  (d) Effective Date.--The amendments made by subsections (a) 
and (c) shall take effect on the 180th day after the date on 
which the Secretary issues the regulations described in 
subsection (b).

SEC. 9304. AUTHORITY TO INSPECT ON-SITE RECORDS.

  (a) In General.--Section 4083(d)(1)(A) (relating to 
administrative authority), as previously amended by this Act, 
is amended by striking ``and'' at the end of clause (i) and by 
inserting after clause (ii) the following new clause:
                          ``(iii) inspecting any books and 
                        records and any shipping papers 
                        pertaining to such fuel, and''.
  (b) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act.

SEC. 9305. REGISTRATION OF PIPELINE OR VESSEL OPERATORS REQUIRED FOR 
                    EXEMPTION OF BULK TRANSFERS TO REGISTERED TERMINALS 
                    OR REFINERIES.

  (a) In General.--Section 4081(a)(1)(B) (relating to exemption 
for bulk transfers to registered terminals or refineries) is 
amended--
          (1) by inserting ``by pipeline or vessel'' after 
        ``transferred in bulk'', and
          (2) by inserting ``, the operator of such pipeline or 
        vessel,'' after ``the taxable fuel''.
  (b) Effective Date.--The amendments made by this section 
shall take effect on October 1, 2004.
  (c) Publication of Registered Persons.--Beginning on July 1, 
2004, the Secretary of the Treasury (or the Secretary's 
delegate) shall periodically publish a current list of persons 
registered under section 4101 of the Internal Revenue Code of 
1986 who are required to register under such section.

SEC. 9306. DISPLAY OF REGISTRATION.

  (a) In General.--Subsection (a) of section 4101 (relating to 
registration) is amended--
          (1) by striking ``Every'' and inserting the 
        following:
          ``(1) In general.--Every'', and
          (2) by adding at the end the following new paragraph:
          ``(2) Display of registration.--Every operator of a 
        vessel required by the Secretary to register under this 
        section shall display proof of registration through an 
        electronic identification device prescribed by the 
        Secretary on each vessel used by such operator to 
        transport any taxable fuel.''.
  (b) Civil Penalty for Failure To Display Registration.--
          (1) In general.--Part I of subchapter B of chapter 68 
        (relating to assessable penalties) is amended by 
        inserting after section 6716 the following new section:

``SEC. 6717. FAILURE TO DISPLAY TAX REGISTRATION ON VESSELS.

  ``(a) Failure To Display Registration.--Every operator of a 
vessel who fails to display proof of registration pursuant to 
section 4101(a)(2) 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, subsection (a) shall be applied 
by increasing the amount in subsection (a) by the product of 
such amount and the aggregate number of penalties (if any) 
imposed with respect to prior months by this section on such 
person (or a related person or any predecessor of such person 
or related person).
  ``(c) Reasonable Cause Exception.--No penalty shall be 
imposed under this section with respect to any failure if it is 
shown that such failure is due to reasonable cause.''.
          (2) Clerical amendment.--The table of sections for 
        part I of subchapter B of chapter 68 is amended by 
        inserting after the item relating to section 6716 the 
        following new item:

        ``Sec. 6717. Failure to display tax registration on vessels.''.

  (c) Effective Dates.--
          (1) Subsection (a).--The amendments made by 
        subsection (a) shall take effect on October 1, 2004.
          (2) Subsection (b).--The amendments made by 
        subsection (b) shall apply to penalties imposed after 
        September 30, 2004.

SEC. 9307. PENALTIES FOR FAILURE TO REGISTER AND FAILURE TO REPORT.

  (a) Increased Penalty.--Subsection (a) of section 7272 
(relating to penalty for failure to register) is amended by 
inserting ``($10,000 in the case of a failure to register under 
section 4101)'' after ``$50''.
  (b) Increased Criminal Penalty.--Section 7232 (relating to 
failure to register under section 4101, false representations 
of registration status, etc.) is amended by striking ``$5,000'' 
and inserting ``$10,000''.
  (c) Assessable Penalty for Failure To Register.--
          (1) In general.--Part I of subchapter B of chapter 68 
        (relating to assessable penalties) is amended by 
        inserting after section 6717 the following new section:

``SEC. 6718. FAILURE TO REGISTER.

  ``(a) Failure To Register.--Every person who is required to 
register under section 4101 and fails to do so shall pay a 
penalty in addition to the tax (if any).
  ``(b) Amount of Penalty.--The amount of the penalty under 
subsection (a) shall be--
          ``(1) $10,000 for each initial failure to register, 
        and
          ``(2) $1,000 for each day thereafter such person 
        fails to register.
  ``(c) Reasonable Cause Exception.--No penalty shall be 
imposed under this section with respect to any failure if it is 
shown that such failure is due to reasonable cause.''.
          (2) Clerical amendment.--The table of sections for 
        part I of subchapter B of chapter 68 is amended by 
        inserting after the item relating to section 6717 the 
        following new item:

        ``Sec. 6718. Failure to register.''.

  (d) Assessable Penalty for Failure To Report.--
          (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. 6725. FAILURE TO REPORT INFORMATION UNDER SECTION 4101.

  ``(a) In General.--In the case of each failure described in 
subsection (b) by any person with respect to a vessel or 
facility, such person shall pay a penalty of $10,000 in 
addition to the tax (if any).
  ``(b) Failures Subject to Penalty.--For purposes of 
subsection (a), the failures described in this subsection are--
          ``(1) any failure to make a report under section 
        4101(d) on or before the date prescribed therefor, and
          ``(2) any failure to include all of the information 
        required to be shown on such report or the inclusion of 
        incorrect information.
  ``(c) Reasonable Cause Exception.--No penalty shall be 
imposed under this section with respect to any failure if it is 
shown that such failure is due to reasonable cause.''.
          (2) Clerical 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:

        ``Sec. 6725. Failure to report information under section 
                  4101.''.

  (e) Effective Date.--The amendments made by this section 
shall apply to penalties imposed after September 30, 2004.

SEC. 9308. COLLECTION FROM CUSTOMS BOND WHERE IMPORTER NOT REGISTERED.

  (a) Tax at Point of Entry Where Importer Not Registered.--
Subpart B of part III of subchapter A of chapter 32, as 
redesignated by section 9302(d), is amended by adding after 
section 4103 the following new section:

``SEC. 4104. COLLECTION FROM CUSTOMS BOND WHERE IMPORTER NOT 
                    REGISTERED.

  ``(a) In General.--The importer of record shall be jointly 
and severally liable for the tax imposed by section 
4081(a)(1)(A)(iii) if, under regulations prescribed by the 
Secretary, any other person that is not a person who is 
registered under section 4101 is liable for such tax.
  ``(b) Collection From Customs Bond.--If any tax for which any 
importer of record is liable under subsection (a), or for which 
any importer of record that is not a person registered under 
section 4101 is otherwise liable, is not paid on or before the 
last date prescribed for payment, the Secretary may collect 
such tax from the Customs bond posted with respect to the 
importation of the taxable fuel to which the tax relates. For 
purposes of determining the jurisdiction of any court of the 
United States or any agency of the United States, any action by 
the Secretary described in the preceding sentence shall be 
treated as an action to collect the tax from a bond described 
in section 4101(b)(1) and not as an action to collect from a 
bond relating to the importation of merchandise.''.
  (b) Conforming Amendment.--The table of sections for subpart 
B of part III of subchapter A of chapter 32, as redesignated by 
section 9302(d), is amended by adding after the item related to 
section 4103 the following new item:

        ``Sec. 4104. Collection from Customs bond where importer not 
                  registered.''.

  (c) Effective Date.--The amendments made by this section 
shall apply with respect to fuel entered after September 30, 
2004.

SEC. 9309. MODIFICATIONS OF TAX ON USE OF CERTAIN VEHICLES.

  (a) Proration of Tax Where Vehicle Sold.--
          (1) In general.--Subparagraph (A) of section 
        4481(c)(2) (relating to where vehicle destroyed or 
        stolen) is amended by striking ``destroyed or stolen'' 
        both places it appears and inserting ``sold, destroyed, 
        or stolen''.
          (2) Conforming amendment.--The heading for section 
        4481(c)(2) is amended by striking ``destroyed or 
        stolen'' and inserting ``sold, destroyed, or stolen''.
  (b) Repeal of Installment Payment.--
          (1) Section 6156 (relating to installment payment of 
        tax on use of highway motor vehicles) is repealed.
          (2) The table of sections for subchapter A of chapter 
        62 is amended by striking the item relating to section 
        6156.
  (c) Electronic Filing.--Section 4481 is amended by 
redesignating subsection (e) as subsection (f) and by inserting 
after subsection (d) the following new subsection:
  ``(e) Electronic Filing.--Any taxpayer who files a return 
under this section with respect to 25 or more vehicles for any 
taxable period shall file such return electronically.''.
  (d) Repeal of Reduction in Tax for Certain Trucks.--Section 
4483 is amended by striking subsection (f).
  (e) Effective Date.--The amendments made by this section 
shall apply to taxable periods beginning after the date of the 
enactment of this Act.

SEC. 9310. MODIFICATION OF ULTIMATE VENDOR REFUND CLAIMS WITH RESPECT 
                    TO FARMING.

  (a) In General.--
          (1) Refunds.--Section 6427(l) is amended by adding at 
        the end the following new paragraph:
          ``(6) Registered vendors permitted to administer 
        certain claims for refund of diesel fuel and kerosene 
        sold to farmers.--
                  ``(A) In general.--In the case of diesel fuel 
                or kerosene used on a farm for farming purposes 
                (within the meaning of section 6420(c)), 
                paragraph (1) shall not apply to the aggregate 
                amount of such diesel fuel or kerosene if such 
                amount does not exceed 250 gallons (as 
                determined under subsection (i)(5)(A)(iii)).
                  ``(B) Payment to ultimate vendor.--The amount 
                which would (but for subparagraph (A)) have 
                been paid under paragraph (1) with respect to 
                any fuel shall be paid to the ultimate vendor 
                of such fuel, if such vendor--
                          ``(i) is registered under section 
                        4101, and
                          ``(ii) meets the requirements of 
                        subparagraph (A), (B), or (D) of 
                        section 6416(a)(1).''.
          (2) Filing of claims.--Section 6427(i) is amended by 
        inserting at the end the following new paragraph:
          ``(5) Special rule for vendor refunds with respect to 
        farmers.--
                  ``(A) In general.--A claim may be filed under 
                subsection (l)(6) by any person with respect to 
                fuel sold by such person for any period--
                          ``(i) for which $200 or more ($100 or 
                        more in the case of kerosene) is 
                        payable under subsection (l)(6),
                          ``(ii) which is not less than 1 week, 
                        and
                          ``(iii) which is for not more than 
                        250 gallons for each farmer for which 
                        there is a claim.
                Notwithstanding subsection (l)(1), paragraph 
                (3)(B) shall apply to claims filed under the 
                preceding sentence.
                  ``(B) Time for filing claim.--No claim filed 
                under this paragraph shall be allowed unless 
                filed on or before the last day of the first 
                quarter following the earliest quarter included 
                in the claim.''.
          (3) Conforming amendments.--
                  (A) Section 6427(l)(5)(A) is amended to read 
                as follows:
                  ``(A) In general.--Paragraph (1) shall not 
                apply to diesel fuel or kerosene used by a 
                State or local government.''.
                  (B) The heading for section 6427(l)(5) is 
                amended by striking ``farmers and''.
  (b) Effective Date.--The amendment made by this section shall 
apply to fuels sold for nontaxable use after the date of the 
enactment of this Act.

SEC. 9311. DEDICATION OF REVENUES FROM CERTAIN PENALTIES TO THE HIGHWAY 
                    TRUST FUND.

  (a) In General.--Subsection (b) of section 9503 (relating to 
transfer to Highway Trust Fund of amounts equivalent to certain 
taxes) is amended by redesignating paragraph (5) as paragraph 
(6) and inserting after paragraph (4) the following new 
paragraph:
          ``(5) Certain penalties.--There are hereby 
        appropriated to the Highway Trust Fund amounts 
        equivalent to the penalties paid under sections 6715, 
        6715A, 6717, 6718, 6725, 7232, and 7272 (but only with 
        regard to penalties under such section related to 
        failure to register under section 4101).''.
  (b) Conforming Amendments.--
          (1) The heading of subsection (b) of section 9503 is 
        amended by inserting ``and Penalties'' after ``Taxes''.
          (2) The heading of paragraph (1) of section 9503(b) 
        is amended by striking ``In general'' and inserting 
        ``Certain taxes''.
  (c) Effective Date.--The amendments made by this section 
shall apply to penalties assessed after October 1, 2004.

                Subtitle D--Other Excise Tax Provisions

SEC. 9401. TAXABLE FUEL REFUNDS FOR CERTAIN ULTIMATE VENDORS.

  (a) In General.--Paragraph (4) of section 6416(a) (relating 
to abatements, credits, and refunds) is amended to read as 
follows:
          ``(4) Registered ultimate vendor to administer 
        credits and refunds of gasoline tax.--
                  ``(A) In general.--For purposes of this 
                subsection, if an ultimate vendor purchases any 
                gasoline on which tax imposed by section 4081 
                has been paid and sells such gasoline to an 
                ultimate purchaser described in subparagraph 
                (C) or (D) of subsection (b)(2) (and such 
                gasoline is for a use described in such 
                subparagraph), such ultimate vendor shall be 
                treated as the person (and the only person) who 
                paid such tax, but only if such ultimate vendor 
                is registered under section 4101. For purposes 
                of this subparagraph, if the sale of gasoline 
                is made by means of a credit card, the person 
                extending the credit to the ultimate purchaser 
                shall be deemed to be the ultimate vendor.
                  ``(B) Timing of claims.--The procedure and 
                timing of any claim under subparagraph (A) 
                shall be the same as for claims under section 
                6427(i)(4), except that the rules of section 
                6427(i)(3)(B) regarding electronic claims shall 
                not apply unless the ultimate vendor has 
                certified to the Secretary for the most recent 
                quarter of the taxable year that all ultimate 
                purchasers of the vendor covered by such claim 
                are certified and entitled to a refund under 
                subparagraph (C) or (D) of subsection 
                (b)(2).''.
  (b) Credit Card Purchases of Diesel Fuel or Kerosene by State 
and Local Governments.--Section 6427(l)(5)(C) (relating to 
nontaxable uses of diesel fuel, kerosene, and aviation fuel) is 
amended by adding at the end the following new flush sentence: 
``For purposes of this subparagraph, if the sale of diesel fuel 
or kerosene is made by means of a credit card, the person 
extending the credit to the ultimate purchaser shall be deemed 
to be the ultimate vendor.''.
  (c) Effective Date.--The amendments made by this section 
shall take effect on October 1, 2004.

SEC. 9402. TWO-PARTY EXCHANGES.

  (a) In General.--Subpart B of part III of subchapter A of 
chapter 32, as amended by this Act, is amended by adding after 
section 4104 the following new section:

``SEC. 4105. TWO-PARTY EXCHANGES.

  ``(a) In General.--In a two-party exchange, the delivering 
person shall not be liable for the tax imposed under section 
4081(a)(1)(A)(ii).
  ``(b) Two-Party Exchange.--The term `two-party exchange' 
means a transaction, other than a sale, in which taxable fuel 
is transferred from a delivering person registered under 
section 4101 as a taxable fuel registrant fuel to a receiving 
person who is so registered where all of the following occur:
          ``(1) The transaction includes a transfer from the 
        delivering person, who holds the inventory position for 
        taxable fuel in the terminal as reflected in the 
        records of the terminal operator.
          ``(2) The exchange transaction occurs before or 
        contemporaneous with completion of removal across the 
        rack from the terminal by the receiving person.
          ``(3) The terminal operator in its books and records 
        treats the receiving person as the person that removes 
        the taxable fuel across the terminal rack for purposes 
        of reporting the transaction to the Secretary.
          ``(4) The transaction is the subject of a written 
        contract.''.
  (b) Conforming Amendment.--The table of sections for subpart 
B of part III of subchapter A of chapter 32, as amended by this 
Act, is amended by adding after the item relating to section 
4104 the following new item:

        ``Sec. 4105. Two-party exchanges.''.

  (c) Effective Date.--The amendment made by this section shall 
take effect on the date of the enactment of this Act.

SEC. 9403. SIMPLIFICATION OF TAX ON TIRES.

  (a) In General.--Subsection (a) of section 4071 is amended to 
read as follows:
  ``(a) Imposition and Rate of Tax.--There is hereby imposed on 
taxable tires sold by the manufacturer, producer, or importer 
thereof a tax at the rate of 9.4 cents (4.7 cents in the case 
of a biasply tire) for each 10 pounds so much of the maximum 
rated load capacity thereof as exceeds 3,500 pounds.''
  (b) Taxable Tire.--Section 4072 is amended by redesignating 
subsections (a) and (b) as subsections (b) and (c), 
respectively, and by inserting before subsection (b) (as so 
redesignated) the following new subsection:
  ``(a) Taxable Tire.--For purposes of this chapter, the term 
`taxable tire' means any tire of the type used on highway 
vehicles if wholly or in part made of rubber and if marked 
pursuant to Federal regulations for highway use.''
  (c) Exemption for Tires Sold to Department of Defense.--
Section 4073 is amended to read as follows:

``SEC. 4073. EXEMPTIONS.

  ``The tax imposed by section 4071 shall not apply to tires 
sold for the exclusive use of the Department of Defense or the 
Coast Guard.''
  (d) Conforming Amendments.--
          (1) Section 4071 is amended by striking subsection 
        (c) and by moving subsection (e) after subsection (b) 
        and redesignating subsection (e) as subsection (c).
          (2) The item relating to section 4073 in the table of 
        sections for part II of subchapter A of chapter 32 is 
        amended to read as follows:

        ``Sec. 4073. Exemptions.''

  (e) Effective Date.--The amendments made by this section 
shall apply to sales in calendar years beginning more than 30 
days after the date of the enactment of this Act.

                  Subtitle E--Small Business Expensing

SEC. 9501. 2-YEAR EXTENSION OF INCREASED EXPENSING FOR SMALL BUSINESS.

  Subsections (b), (c), and (d) of section 179 (as amended by 
the Jobs and Growth Tax Relief Reconciliation Act of 2003) are 
each amended by striking ``2006'' each place it appears and 
inserting ``2008''.

               Subtitle F--Alternative Minimum Tax Relief

SEC. 9601. NET OPERATING LOSSES AND FOREIGN TAX CREDIT UNDER 
                    ALTERNATIVE MINIMUM TAX.

  (a) Net Operating Losses.--
          (1) In general.--Subparagraph (A) of section 56(d)(1) 
        is amended to read as follows:
                  ``(A) the amount of such deduction shall not 
                exceed the applicable percentage (determined 
                under paragraph (3)) of the alternative minimum 
                taxable income determined without regard to 
                such deduction, and''.
          (2) Applicable percentage.--Subsection (d) of section 
        56 is amended by adding at the end the following new 
        paragraph:
          ``(3) Applicable percentage.--For purposes of 
        paragraph (1)(A)--

    ``For taxable years beginning                         The applicable
      in calendar year--                                 percentage is--
      2006, 2007, or 2008.....................................      92  
      2009 or 2010............................................      94  
      2011....................................................      96  
      2012....................................................      98  
      2013 or thereafter......................................  100.''  

  (b) Foreign Tax Credit.--
          (1) Subsection (a) of section 59 is amended by 
        striking paragraph (2) and by redesignating paragraphs 
        (3) and (4) as paragraphs (2) and (3), respectively.
          (2) Section 53(d)(1)(B)(i)(II) is amended by striking 
        ``and if section 59(a)(2) did not apply''.
  (c) Effective Date.--The amendments made by this section 
shall apply to taxable years beginning after December 31, 2005.

SEC. 9602. EXPANSION OF EXEMPTION FROM ALTERNATIVE MINIMUM TAX FOR 
                    SMALL CORPORATIONS.

  (a) In General.--Subparagraphs (A) and (B) of section 
55(e)(1) are each amended by striking ``$7,500,000'' each place 
it appears and inserting ``$20,000,000''.
  (b) Effective Date.--The amendment made by this section shall 
apply to taxable years beginning after December 31, 2005.

SEC. 9603. INCOME AVERAGING FOR FARMERS NOT TO INCREASE ALTERNATIVE 
                    MINIMUM TAX.

  (a) In General.--Subsection (c) of section 55 (defining 
regular tax) is amended by redesignating paragraph (2) as 
paragraph (3) and by inserting after paragraph (1) the 
following new paragraph:
          ``(2) Coordination with income averaging for 
        farmers.--Solely for purposes of this section, section 
        1301 (relating to averaging of farm income) shall not 
        apply in computing the regular tax liability.''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply to taxable years beginning after December 31, 2003.
                              ----------                              


                PART B--TEXT OF AMENDMENTS MADE IN ORDER


1. An Amendment To Be Offered by Representative Young of Alaska, or His 
                   Designee, Debatable for 10 Minutes

  In title I, strike the text of section 1105 (page 31) and 
insert the following:
  (a) Oversight Program.--Section 106 of title 23, United 
States Code, is amended by striking subsection (h) and 
inserting the following:
  ``(h) Oversight Program.--
          ``(1) In general.--The Secretary shall establish an 
        oversight program to monitor the effective and 
        efficient use of funds authorized to carry out this 
        title. At a minimum, the program shall be responsive to 
        all areas related to financial integrity and project 
        delivery.
          ``(2) Financial integrity.--
                  ``(A) Financial management systems.--The 
                Secretary shall perform annual reviews that 
                address elements of the State transportation 
                departments' financial management systems that 
                affect projects approved under subsection (a).
                  ``(B) Project costs.--The Secretary shall 
                develop minimum standards for estimating 
                project costs and shall periodically evaluate 
                the States' practices for estimating project 
                costs, awarding contracts, and reducing project 
                costs.
                  ``(C) Responsibility of the states.--The 
                States are responsible for determining that 
                subrecipients of Federal funds under this title 
                have sufficient accounting controls to properly 
                manage such Federal funds. The Secretary shall 
                periodically review the States' monitoring of 
                subrecipients.
          ``(3) Project delivery.--The Secretary shall perform 
        annual reviews that address elements of a State's 
        project delivery system, which includes one or more 
        activities that are involved in the life cycle of a 
        project from its conception to its completion.
          ``(4) Responsibility of the states.--The States are 
        responsible for determining that subrecipients of 
        Federal funds under this title have adequate project 
        delivery systems for projects approved under this 
        section. The Secretary shall periodically review the 
        States' monitoring of subrecipients.
          ``(5) Specific oversight responsibilities.--Nothing 
        in this section shall affect or discharge any oversight 
        responsibility of the Secretary specifically provided 
        for under this title or other Federal law. In addition, 
        the Secretary shall retain full oversight 
        responsibilities for the design and construction of all 
        Appalachian development highways under section 14501 of 
        title 40.
  ``(i) Major Projects.--
          ``(1) In general.--Notwithstanding any other 
        provision in this section, a recipient of Federal 
        financial assistance for a project under this title 
        with an estimated total cost of $500,000,000 or more, 
        or any other project in the discretion of the 
        Secretary, shall submit to the Secretary a project 
        management plan and an annual financial plan.
          ``(2) Project management plan.--The project 
        management plan shall document the procedures and 
        processes in place to provide timely information to the 
        project decision makers to manage effectively the 
        scope, costs, schedules, and quality, and the Federal 
        requirements of the project and the role of the agency 
        leadership and management team in the delivery of the 
        project.
          ``(3) Financial plan.--The financial plan shall be 
        based on detailed estimates of the cost to complete the 
        project. Annual updates shall be submitted based on 
        reasonable assumptions, as determined by the Secretary, 
        of future increases in the cost to complete the 
        project.
  ``(j) Other Projects.--A recipient of Federal financial 
assistance for a project under this title with an estimated 
total cost of $100,000,000 or more that is not covered by 
subsection (h) shall prepare an annual financial plan. Annual 
financial plans prepared under this subsection shall be made 
available to the Secretary for review upon the Secretary's 
request.''.
  (b) Sharing of Monetary Recoveries.--Notwithstanding any 
other provision of law, monetary judgments accruing to the 
Government from judgments in Federal criminal prosecutions and 
civil proceedings pertaining to fraud in Federally funded 
highway and public transportation projects and programs shall 
be treated as follows:
          (1) Any amount less than or equal to the single 
        damages incurred as the result of such fraud shall be 
        credited to the Federal account from which the funds 
        for the project or program that is at issue in the 
        fraud came, except to the extent that such Federal 
        account has been credited as the result of any judgment 
        in favor of a grant recipient.
          (2) Any amount in excess of the amount credited 
        pursuant to paragraph (1) shall be shared with the 
        State or other recipient involved if--
                  (A) the State or other recipient enters into 
                a legally binding agreement with the Secretary 
                to use the funds for a purpose eligible for 
                Federal assistance under title 23 or chapter 53 
                of title 49, United States Code, as the case 
                may be;
                  (B) the amount to be shared with the State or 
                other recipient is determined by the Attorney 
                General, in consultation with the Secretary; 
                and
                  (C) the Attorney General, in consultation 
                with the Secretary, determines that the fraud 
                did not occur as a result of negligent 
                oversight or actual involvement in the fraud by 
                the State or other recipient or any senior 
                official of the State or other recipient.
  Page 34, strike lines 2 through 7 and insert the following:
  (a) Allocation.--Section 110(a)(1) of title 23, United States 
Code, is amended--
          (1) by striking ``2000'' and inserting ``2006'';
          (2) by inserting after ``such fiscal year'' the 
        following: ``and the succeeding fiscal year''.
  (b) Reduction.--Section 110(a)(2) of such title is amended--
          (1) by striking ``2000'' and inserting ``2006'';
          (2) by striking ``October 1 of the succeeding'' and 
        inserting ``October 15 of such''; and
          (3) by inserting after ``Account)'' the following: 
        ``for such fiscal year and the succeeding fiscal 
        year''.
  (c) General Distribution.--Section 110(b)(1)(A) of such title 
is amended by striking ``Transportation Equity Act for the 21st 
Century'' and inserting ``Transportation Equity Act: A Legacy 
for Users''.
  Page 34, line 8, strike ``(b)'' and insert ``(d)''.
  Page 46, after line 13, insert the following:
  (e) Effective Date.--The amendments made by subsections (a) 
and (b) of this section shall take effect on September 30, 
2004.
  Page 48, line 13, strike both periods and the closing 
quotation marks and insert the following:
                ; except that $25,000,000 shall be available 
                only for projects for the seismic retrofit of 
                bridges, and of which $10,000,000 shall be 
                available only for the seismic retrofit of a 
                bridge described in subsection (l), and except 
                as provided in subparagraph (E).
                  ``(E) Gravina access.--
                          ``(i) In general.--Of the amounts 
                        authorized to be appropriated to carry 
                        out the bridge program under this 
                        paragraph, for each of the fiscal years 
                        2005 through 2009, $10,000,000 shall be 
                        set aside from the $100,000,000 
                        available at the discretion of the 
                        Secretary under subparagraph (D) for 
                        the construction of a bridge joining 
                        the Island of Gravina to the community 
                        of Ketchikan in Alaska.
                          ``(ii) Scoring.--The project 
                        described in this subparagraph shall 
                        not be counted for purposes of the 
                        reduction set forth in the fourth 
                        sentence of subsection (e).''.
  Page 49, after line 22, insert the following:
  (c) Planning Activities Pilot Program.--Section 1221 of such 
Act is amended by adding at the end the following:
  ``(f) Planning Activities Pilot Program.--
          ``(1) In general.--The Secretary shall establish a 
        pilot program using funds set aside under paragraph (4) 
        to support planning and public participation activities 
        related to highway and public transportation projects.
          ``(2) Eligible activities.--Activities eligible to be 
        carried out under the pilot program may include the 
        following:
                  ``(A) Improving data collection and analysis 
                to improve freight movement, intermodal 
                connections, and transportation access and 
                efficiency for all users, including children, 
                older individuals, individuals with 
                disabilities, low-income individuals, and 
                minority communities.
                  ``(B) Supporting public participation by 
                holding public meetings using an interactive 
                workshop format facilitated by design or 
                planning experts (or both) to consider public 
                input at the initial stages of project 
                development and during other phases of a 
                project.
                  ``(C) Using innovative planning or design 
                visualization and simulation tools to improve 
                the evaluation of alternatives and their 
                impacts and to enhance public participation in 
                the transportation planning process, including 
                tools having a structure that enables 
                modifications to scenarios and assumptions in 
                real time.
                  ``(D) Enhancing coordination among 
                transportation, land use, workforce 
                development, human service, economic 
                development, and other agencies to strengthen 
                access to job training services, daycare 
                centers, health care facilities, senior 
                centers, public schools, universities, and 
                residential areas, including the use of 
                integrated planning and service delivery, 
                especially for transit dependent and low-income 
                individuals.
                  ``(E) Contracting with nonprofit 
                organizations, universities, and local agencies 
                to deliver community-oriented transportation 
                plans and projects, including public outreach, 
                context sensitive design, transit-oriented 
                development, multimodal corridor investments, 
                commuter benefits deployment, and brownfield 
                redevelopment.
                  ``(F) Measuring and reporting on the annual 
                performance of the transportation system (or 
                parts of) relative to State or locally-
                established criteria regarding--
                          ``(i) maintenance and operating costs 
                        of the transportation system, vehicle 
                        miles traveled, peak-period travel 
                        times, transportation choices, and mode 
                        shares;
                          ``(ii) location of housing units, 
                        jobs, medical facilities, and 
                        commercial centers to transit;
                          ``(iii) improvements directed to low-
                        income families and older individuals;
                          ``(iv) transportation-related 
                        pollution emissions into the air and 
                        water;
                          ``(v) land consumption; and
                          ``(vi) other locally-significant 
                        factors.
                  ``(G) Improving regional travel and emission 
                modeling to examine factors not currently 
                considered, such as induced travel and land use 
                effects of transportation alternatives, types 
                of vehicles owned and used by households, time-
                of-day of travel and linkage of trips to each 
                other throughout the day, effects of urban 
                design and pedestrian and bicycle environment 
                on travel behavior, and impacts of alternatives 
                on the distribution of benefits and burdens 
                among various groups protected under title VI 
                of the Civil Rights Act of 1964 (42 U.S.C. 
                2000d et seq.).
          ``(3) Federal share.--Notwithstanding subsection 
        (e)(2), the Federal share of the cost of activities 
        carried out under the pilot program shall be 100 
        percent.
          ``(4) Set aside.--The Secretary shall make available 
        $1,500,000 of the amounts made available to carry out 
        this section for each of fiscal years 2004 through 2009 
        to carry out the pilot program under this 
        subsection.''.
  Page 62, line 19 strike ``202(a)'' and insert ``202(d) of 
such title''.
  Page 63, after line 18, insert the following:
  (e) Alaska Native Village Transportation Program.--
          (1) Establishment.--Not later than 3 months after the 
        date of enactment of this Act, the Secretary and the 
        Denali Commission, in coordination with the Alaska 
        Federation of Natives, shall establish an Alaska Native 
        Village transportation program to pay the costs of 
        planning, design, construction, and maintenance of road 
        and other surface transportation facilities identified 
        by Alaska Native Villages.
          (2) Alaska native village defined.--In this 
        subsection, the term ``Alaska Native Village'' has the 
        same meaning such term has as used by the Bureau of 
        Indian Affairs in administering the Indian reservation 
        road program under section 202 of title 23, United 
        States Code.
  Page 63, strike line 19, insert the following (and conform 
the table of contents of the bill accordingly):

SEC. 1119. CONSERVATION MEASURES.

  (a) Refuge Roads.--Section 204(k)(1) of title 23, United 
States Code, is amended--
          (1) by striking ``and'' at the end of subparagraph 
        (B);
          (2) by redesigning subparagraph (C) as subparagraph 
        (D);
          (3) by inserting after subparagraph (B) the 
        following:
                  ``(C) construction, maintenance, and 
                improvement of wildlife observation 
                infrastructure; and''; and
          (4) in subparagraph (D) (as so redesignated) by 
        striking ``maintenance and improvements'' and inserting 
        ``construction, maintenance, and improvements''.
  (b) Forest Highways.--Of the amounts made available for 
public lands highways under section 1101--
          (1) not to exceed $20,000,000 per fiscal year may be 
        used for the maintenance of forest highways;
          (2) not to exceed $2,500,000 per fiscal year may be 
        used to repair culverts and bridges on forest highways 
        to facilitate appropriate fish passage and ensure 
        reasonable flows and to maintain and remove such 
        culverts and bridges as appropriate; and
          (3) not to exceed $1,000,000 per fiscal year may be 
        used for signage identifying public hunting and fishing 
        access.
  (c) Wildlife Vehicle Collision Reduction Study.--
          (1) In general.--The Secretary shall conduct a study 
        of methods to reduce collisions between motor vehicles 
        and wildlife (in this subsection referred to as 
        ``wildlife vehicle collisions'').
          (2) Contents.--
                  (A) Areas of study.--The study shall include 
                an assessment of the causes and impacts of 
                wildlife vehicle collisions and solutions and 
                best practices for reducing such collisions.
                  (B) Methods for conducting the study.--In 
                carrying out the study, the Secretary shall--
                          (i) conduct a thorough literature 
                        review; and
                          (ii) survey current practices of the 
                        Department of Transportation.
          (3) Consultation.--In carrying out the study, the 
        Secretary shall consult with appropriate experts in the 
        field of wildlife vehicle collisions.
          (4) Report.--
                  (A) In general.--Not later than 2 years after 
                the date of enactment of this Act, the 
                Secretary shall transmit to Congress a report 
                on the results of the study.
                  (B) Contents.--The report shall include a 
                description of each of the following:
                          (i) Causes of wildlife vehicle 
                        collisions.
                          (ii) Impacts of wildlife vehicle 
                        collisions.
                          (iii) Solutions to and prevention of 
                        wildlife vehicle collisions.
          (5) Manual.--
                  (A) Development.--Based upon the results of 
                the study, the Secretary shall develop a best 
                practices manual to support State efforts to 
                reduce wildlife vehicle collisions.
                  (B) Availability.--The manual shall be made 
                available to States not later than 1 year after 
                the date of transmission of the report under 
                paragraph (4).
                  (C) Contents.--The manual shall include, at a 
                minimum, the following:
                          (i) A list of best practices 
                        addressing wildlife vehicle collisions.
                          (ii) A list of information, 
                        technical, and funding resources for 
                        addressing wildlife vehicle collisions.
                          (iii) Recommendations for addressing 
                        wildlife vehicle collisions.
                          (iv) Guidance for developing a State 
                        action plan to address wildlife vehicle 
                        collisions
          (6) Training.--Based upon the manual developed under 
        paragraph (5), the Secretary shall develop a training 
        course on addressing wildlife vehicle collisions for 
        transportation professionals.
  Page 89, strike lines 18 through 20 and insert the following:
  (a) General Provisions.--The Secretary may not apportion 
before August 1, 2006, any funds for any of the programs 
referred to in subsection (b) for fiscal year 2006 unless, 
after
  Page 119, strike lines 7 through 9 and insert the following 
(and conform the table of contents of the bill accordingly):

SEC. 1207. STATE ASSUMPTION OF RESPONSIBILITIES FOR CERTAIN PROGRAMS 
                    AND PROJECTS.

  (a) In General.--Subchapter I of chapter 1 of title 23, 
United States Code, is amended by adding at the end the 
following:

``Sec. 167. State assumption of responsibilities for certain programs 
                    and projects

  ``(a) Assumption of Secretary's Responsibilities Under 
Applicable Federal Laws.--
          ``(1) Pilot program.--
                  ``(A) Establishment.--The Secretary may 
                establish a pilot program under which States 
                may assume the responsibilities of the 
                Secretary under any Federal laws subject to the 
                requirements of this section.
                  ``(B) First 3 fiscal years.--In the first 3 
                fiscal years following the date of enactment of 
                this section, the Secretary may allow up to 5 
                States to participate in the pilot program.
          ``(2) Scope of program.--Under the pilot program, the 
        Secretary may assign, and a State may assume, any of 
        the Secretary's responsibilities (other than 
        responsibilities relating to federally recognized 
        Indian tribes) for environmental reviews, consultation, 
        or decisionmaking or other actions required under any 
        Federal law as such requirements apply to the following 
        projects:
                  ``(A) Projects funded under section 104(h).
                  ``(B) Transportation enhancement activities 
                under section 133, as such term is defined in 
                section 101(a)(35).
                  ``(C) Projects as defined in section 
                101(a)(39) and section 5607 of the 
                Transportation Equity Act: A Legacy for Users.
          ``(3) Limitations.--
                  ``(A) Procedural and substantive 
                requirements.--A State that assumes the 
                responsibilities of the Secretary under this 
                section shall be subject to the same procedural 
                and substantive requirements as would apply if 
                the responsibilities were carried out by the 
                Secretary. When a State assumes 
                responsibilities for carrying out a Federal law 
                under this section, the State assents to 
                Federal jurisdiction and shall be solely 
                responsible and solely liable for complying 
                with and carrying out that law instead of the 
                Secretary.
                  ``(B) Assumption of responsibilities.--Any 
                responsibility of the Secretary not assumed by 
                the State in a memorandum of understanding 
                shall remain a responsibility of the Secretary.
                  ``(C) Powers of other agencies.--Nothing in 
                this section preempts or limits any power, 
                jurisdiction, responsibility, or authority of 
                an agency, other than the Department of 
                Transportation, with respect to a project.
  ``(b) Agreements.--
          ``(1) In general.--The Secretary shall enter into a 
        memorandum of understanding with a State participating 
        in the pilot program setting forth the responsibilities 
        to be assigned under subsection (a)(2) and the terms 
        and conditions under which the assignment is being 
        made.
          ``(2) Certification.--Before the Secretary enters 
        into a memorandum of understanding with a State under 
        paragraph (1), the State shall certify that the State 
        has in effect laws (including regulations) applicable 
        to projects carried out and funded under this title and 
        chapter 53 of title 49 that authorize the State to 
        carry out the responsibilities being assumed.
          ``(3) Maximum duration.--A memorandum of 
        understanding with a State under this section shall be 
        established for an initial period of no more than 3 
        years and may be renewed by mutual agreement on a 
        periodic basis for periods of not more than 3 years.
          ``(4) Compliance.--
                  ``(A) In general.--After entering into a 
                memorandum of understanding under paragraph 
                (1), the Secretary shall review and determine 
                compliance by the State with the memorandum of 
                understanding.
                  ``(B) Renewals.--The Secretary shall take 
                into account the performance of a State under 
                the pilot program when considering renewal of a 
                memorandum of understanding with the State 
                under the program.
          ``(5) Acceptance of federal courts jurisdiction.--A 
        memorandum of understanding with a State under this 
        section shall include a provision under which the State 
        consents to accept the jurisdiction of the Federal 
        courts for the compliance, discharge, and enforcement 
        of any responsibility of the Secretary that the State 
        may assume under the memorandum.
          ``(6) Termination of agreements.--A memorandum of 
        understanding with a State under this section shall 
        include a provision authorizing the Secretary to 
        terminate the agreement if the Secretary, after 
        providing an opportunity for a hearing, issues a 
        finding that the State is not in compliance with the 
        terms of the agreement.
  ``(c) Selection of States for Pilot Program.--
          ``(1) Application.--To be eligible to participate in 
        the pilot program, a State shall submit to the 
        Secretary an application that contains such information 
        as the Secretary may require. At a minimum, an 
        application shall include--
                  ``(A) a description of the projects or 
                classes of projects for which the State seeks 
                to assume responsibilities under subsection 
                (a)(2); and
                  ``(B) a certification that the State has the 
                capability to assume such responsibilities.
          ``(2) Public notice.--Before entering into a 
        memorandum of understanding allowing a State to 
        participate in the pilot program, the Secretary shall--
                  ``(A) publish notice in the Federal Register 
                of the Secretary's intent to allow the State to 
                participate in the program, including a copy of 
                the State's application to the Secretary and 
                the terms of the proposed agreement with the 
                State; and
                  ``(B) provide an opportunity for public 
                comment.
          ``(3) Selection criteria.--The Secretary may approve 
        the application of a State to assume responsibilities 
        under the program only if--
                  ``(A) the requirements under paragraph (2) 
                have been met; and
                  ``(B) the Secretary determines that the State 
                has the capability to assume the 
                responsibilities.
          ``(4) Other federal agency views.--Before assigning 
        to a State a responsibility of the Secretary that 
        requires the Secretary to consult with another Federal 
        agency, the Secretary shall solicit the views of the 
        Federal agency.
  ``(d) State Defined.--With respect to the recreational trails 
program, the term `State' means the State agency designated by 
the Governor of the State in accordance with section 206(c)(1).
  ``(e) Preservation of Public Interest Consideration.--Nothing 
in this section shall be construed to limit the requirements 
under any applicable law providing for the consideration and 
preservation of the public interest, including public 
participation and community values in transportation 
decisionmaking.
  ``(f) State Subject to Federal Laws.--For purposes of 
assuming responsibilities of the Secretary under this section, 
a State agency entering into a memorandum of understanding 
under subsection (b) is deemed to be a Federal agency to the 
extent the State is carrying out the Secretary's 
responsibilities under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), this title, and any other 
provision of Federal law.''.
  (b) Conforming Amendment.--The analysis for subchapter I of 
chapter 1 of such title is amended by adding at the end the 
following:

``167. State assumption of responsibilities for certain programs and 
          projects.''.

  Page 130, strike line 22 and all that follows through line 24 
on page 132 and insert the following (and conform the table of 
contents of the bill accordingly):

SEC. 1210. ACCESS RAMP.

  (a) In General.--Not later 30 days after the date of 
enactment of this Act, the Secretary shall open the ramp 
connecting Interstate Route 495/95 and Arena Drive in Prince 
George's County, Maryland, for the purpose of allowing motor 
vehicles to exit Interstate Route 495/95 in both northern and 
southern directions onto Arena Drive. Such ramp shall be open 
for 24 hours a day, every day during the calendar year.
  (b) Fully Opening Arena Drive Ramp.--
          (1) Study.--The Secretary shall conduct a study to 
        determine the most appropriate method for opening the 
        ramps for allowing motor vechicles to enter Interstate 
        Route 495/95 from Arena Drive.
          (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall transmit to 
        Congress a report on the results of the study.
  (c) Limitation on Statutory Construction.--Nothing in the 
section shall be construed as altering current traffic 
management protocols to the Arena Drive ramps during stadium 
events.
  Page 171, line 2, insert ``(b)(1),'' before ``(d),''.
  In subtitle D of title I, insert at the end the following 
(and conform the table of contents accordingly):

SEC. 1408. REPAIR OR REPLACEMENT OF HIGHWAY FEATURES ON NATIONAL 
                    HIGHWAY SYSTEM.

  (a) Rulemaking Proceeding.--The Secretary shall conduct a 
rulemaking proceeding to determine the appropriate conditions 
under which a State when choosing to repair or replace damaged 
highway features on the National Highway System with State 
funds (rather than with available Federal financial assistance) 
should be required to repair or replace such features with 
highway features that have been tested, evaluated, and found to 
be acceptable under the guidelines contained in the report of 
the Transportation Research Board of the National Research 
Council entitled ``NCHRP Report 350-Recommended Procedures for 
the Safety Performance Evaluation of Highway Features''.
  (b) Matters To Be Considered.--The rulemaking proceeding 
shall cover those highway features that are covered by the 
guidelines referred to in subsection (a). The conditions to be 
considered by the Secretary in the rulemaking proceeding shall 
include types of highway features, cost-effectiveness, and 
practicality of replacement with highway features that have 
been found to be acceptable under such guidelines.
  (c) Regulations.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall issue regulations 
regarding the conditions under which States when choosing to 
repair or replace damaged highway features described in 
subsection (a) will be required to repair or replace such 
features with highway features that have been tested, 
evaluated, and found to be acceptable as described in 
subsection (a).
  Page 204, line 23, strike ``Congress grants'' and insert the 
following:
          ``(1) In general.--Congress grants
  Page 205, after line 4, insert the following:
          ``(2) Reservation of rights.--The right to alter, 
        amend or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  Page 220, lines 4 and 5, strike ``an Interstate System 
construction toll pilot program'' and insert ``a pilot program 
to finance the construction of new Interstate System facilities 
with toll revenues''.
  Page 220, line 9, strike ``Interstate highways.'' and insert 
``new Interstate highway facilities. Rehabilitation and 
reconstruction of Interstate facilities are not eligible under 
the pilot program.''.
  Page 220, lines 16 and 17, strike ``facility on the 
Interstate System'' and insert ``new Interstate System 
facility''.
  Page 220, line 25, insert ``new'' before ``facility with''.
  In each of paragraphs (2), (3), and (5) of section 1604(d) 
(page 222), insert ``new'' before ``facility''.
  In item number 33 of the table contained in section 1702, 
strike ``BMW/I-85'' and all that follows through 
``interchanges'' and insert ``I-85/Brockman-McClimon 
Interchange and Connections project''.
  In item number 103 of such table, strike ``$1,500,000.00'' 
and insert ``$250,000.00''.
  In item number 142 of such table, strike ``$250,000.00'' and 
insert ``$600,000.00''.
  In item number 143 of such table, strike ``$20,000,000.00'' 
and insert ``$17,000,000.00''.
  In item number 160 of such table, strike ``Design'' and all 
that follows through ``County'', and insert ``Design and 
construct access to York County intermodal facility, or other 
projects as selected by York County, Pennsylvania MPO''
  In item number 179 of such table, strike ``Upgrade'' and all 
that follows through ``Interstate 81'' and insert 
``Improvements to I-81, including interchanges, in Franklin 
County, Pennsylvania''.
  In item number 235 of such table, strike ``$8,000,000.00'' 
and insert ``$12,500,000.00''.
  In item number 244 of such table, strike ``State'' and insert 
``US''.
  In item number 253 of such table, strike ``$3,150,000.00'' 
and insert ``$5,000,000.00''.
  In item number 262 of such table, strike ``State'' and insert 
``US''.
  In item number 334 of such table, strike ``$150,000.00'' and 
insert ``$1,000,000.00''.
  In item number 365 of such table, strike ``Town of'' and 
insert ``Township'' after ``Painesville''.
  In item number 438 of such table, strike ``Cabot-Camino 
Capistrano Bridge.'' and insert ``in the city of Mission 
Viejo'' at the end of the request before the period.
  In item number 507 of such table, insert ``interchange'' 
between ``new'' and ``freeway''.
  In item number 526 of such table, strike ``Route'' and all 
that follows through ``County'' and insert Forrest City Road 
Extension Study, Maitland''.
  In item number 557 of such table, strike ``Elk Horn'' and 
insert ``Elkhorn''. Insert ``County of'' after ``SR 99,''.
  In such table, strike item number 570.
  In item number 630 of such table, strike ``"$5,500,000.00'' 
and insert ``$2,500,000.00''.
  In item number 656 of such table, strike ``Widening'' and all 
that follows through ``signals'' and insert ``Widening of 
Washington Street from 2 to 5 lanes, install drainage system; 
add additional right of way and traffic signals''.
  In item number 668 of such table, is amended by insert 
``Grant'' before ``County''.
  In item number 729 of such table, strike ``Macedonia City'' 
and insert ``North Summit County''.
  In item number 734 of such table, strike ``Willoughby 
Township'' and insert ``City of Willoughby''.
  In item number 762 of such table, strike ``$5,000,000.00'' 
and insert ``$4,150,000.00''.
  In item number 768 of such table, strike ``$2,500,000.00'' 
and insert ``$5,000,000.00''.
  In item number 782 of such table, strike ``Perry County'' and 
insert ``Perry''.
  In item number 804 of such table, strike ``$500,000.00'' and 
insert ``$1,500,000.00''.
  In item number 812 of such table, strike ``$3,000,000.00'' 
and insert ``$1,500,000.00''.
  In item number 813 of such table, strike ``Improve'' and all 
that follows through ``Connecticut'' and insert ``Campbell 
Avenue streetscape enhancements, West Haven''.
  In item number 829 of such table, strike ``Sacramento'' and 
insert ``Citrus Heights''.
  In item number 832 of such table, strike ``Ecourse'' and 
insert ``Ecorse'', and strike ``$1,000,000.00'' and insert 
``$1,100,000.00''.
  In item number 848 of such table, strike ``in Summit Co.'' 
and insert ``at Seasons Road, Cities of Hudson and Stow.''
  In item number 874 of such table, strike ``Widen'' and all 
that follows through ``West'' and insert ``Widen US 380 West''.
  In item number 930 of such table, strike ``Merrit Rd.'' and 
insert ``Merritt Rd.''
  In item 954 of such table, after ``unsafe grade crossing'' 
insert ``on Hines Hill Road, City of Hudson''.
  In item number 965 of such table, strike ``on current Hwy 
71''.
  In item number 992 of such table, strike ``$6,000,000.00'' 
and insert ``$7,500,000.00''.
  In item 1150 of such table, strike ``Wilson Mills'' and 
insert ``Highland-Bishop''; after ``in the'' strike ``town'' 
and insert ``City''.
  In item number 1166 of such table, strike ``Rehabilitate'' 
and all that follows through ``8'' and insert ``Rehabilitate US 
Highway 51 from County S to US 8''.
  In item number 1181 of such table, strike ``Upgrade'' and all 
that follows through ``County'' and insert ``Purchase one 
larger (75 passengers) and two smaller (40 passengers) ferry 
boats and construct related dock work to facilitate the use and 
accessibility of the ferry boats, Long Beach'' and by striking 
``$8,000,000.00'' and insert $3,000,000.00''.
  In item number 1204 of such table, strike ``AL 1119 to AL 
25'' and insert ``Exit 238 (U.S. 31) to Exit 228 (AL 25)''.
  In item number 1256 of such table, strike ``$1,500,000.00'' 
and insert ``$3,000,000.00''.
  In item number 1261 of such table, strike ``A 2.8'' and all 
that follows through ``La Habra,'' and insert ``a 2.8 mile 
bikeway,'' and insert ``in the city of Whittier.'' at the end 
of the request.
  In item number 1314 of such table, strike ``(I-40'' and all 
that follows through ``I-74)''.
  In item number 1376 of such table, strike ``Route 15/18'' and 
insert ``Route 15/86''.
  In item number 1423 of such table, strike ``third lane'' and 
all that follows through ``Maple Grove'' and insert ``an 
overpass interchange for I-494 and Highway 169''.
  In item number 1436 of such table, strike ``Aiken'' and 
insert ``Aitkin''.
  In item number 1445 of such table, strike ``Construction'' 
and all that follows through ``Ashdown'' the second place it 
appears and insert ``Highway 71, Louisiana state line to 
Junction City''.
  In item number 1480 of such table, strike ``Reconstruct 
Highway 141 in Marinette County, WI'' and insert ``Reconstruct 
US Highway 141 in Marinette County, WI''.
  In item number 1491 of such table, strike ``Development'' and 
all that follows through ``Plan'' and insert ``Transportation 
improvements ''.
  In item number 1589 of such table, strike ``Reconstruction'' 
and all that follows through ``Subdivision'' and insert ``Road 
improvements for Surrey Meadows, Sugarloaf Heights, Lakehill 
Farms and Walton Lake Estates''.
  In item number 1636 of such table, strike ``Geary'' and 
insert ``Muni Geary''.
  In item number 1664 of such table, strike ``Technical'' and 
all that follows through ``210'' and insert ``Technical 
feasibility study for a tunnel on the 710 Freeway in Southern 
California''.
  In item number 1832 of such table, strike ``$8,700,000.00'' 
and insert ``$9,000,000''.
  In item number 1848 of such table, strike ``A 2.8'' and 
insert ``a 2.8'' and strike ``, working in conjunction with the 
city of Whittier,''.
  In item number 1868 of such table, strike ``$13,100,000.00'' 
and insert ``$13,500,000''.
  In item number 1907 of such table, strike ``SR'' and all that 
follows through ``Eatonville'' and insert ``SR 434 to JFK 
Boulevard and Destiny Road to Diplomat Circle, Eatonville''.
  In item number 1933 of such table, strike ``Construct'' and 
all that follows through to ``Township'', and insert 
``Improvements to I-81, including interchanges, in Franklin 
County, Pennsylvania'', and strike ``$3,150,000.00'' and insert 
``$4,000,000.00''.
  In item number 1934 of such table, strike ``$3,400,000.00'' 
and insert ``$3,600,000''.
  In item number 2040 of such table, strike ``Improvement'' and 
all that follows through ``County'' and insert ``Improve Ashley 
70 and Marais Saline roads in Ashley County''.
  In item 2155 of such table, after ``Madison'' insert 
``Village''.
  In item number 2180 of such table, strike ``$4,675,942.00'' 
and insert $4,425,942.00''.
  In item number 2249 of such table, strike ``$13,000,000.00'' 
and insert ``$21,000,000.00''.
  In item number 2306 of such table, strike ``State'' and 
insert ``US''.
  In item number 2376 of such table, strike ``$700,000.00'' and 
insert ``$200,000.00''.
  In item number 2398 of such table, strike ``Greencastle'' and 
all that follows through to ``intersection.'', and insert 
``Improvements to I-81, including interchanges, in Franklin 
County, Pennsylvania.''.
  In item 2418 of such table, after ``in'' insert ``the City 
of'' and after ``Hills'' strike ``Township''.
  In item number 2445 of such table, strike ``$125,000.00'' and 
insert ``$175,000.00''.
  In item number 2504 of such table, strike ``$6,000,000.00'' 
and insert ``$5,500,000.00''.
  In item number 2552 of such table, strike ``State'' and 
insert ``US''.
  In item number 2611 of such table, strike ``Purchase'' and 
all that follows through ``Durham'' and insert ``Acquisition of 
rail corridors for use as a future transportation corridor, 
Durham''.
  In item number 2615 of such table, strike ``$2,700,000.00'' 
and insert ``$3,000,000.00''.
  In item number 2642 of such table, strike ``Designation of'' 
and insert ``Improve and widen''.
  In item number 2730 of such table, after ``project'' insert 
``or other projects as selected by York County, Pennsylvania 
MPO''
  In such table, strike item number 2749.
  In item number 2775 of such table, insert ``Rancho Santa 
Margarita'' at the end.
  In item number 2809 of such table, strike ``$1,500,000.00'' 
and insert ``$500,000.00''.
  In item number 113 of such table, strike ``$1,000,000.00'' 
and insert ``$1,500,000.00''
  In item number 181 of such table, strike ``$1,000,000.00'' 
and insert ``$3,000,000.00''.
  In item number 278 of such table, strike ``$2,250,000.00'' 
and insert ``$5,000,000.00''.
  Strike item number 300 of such table.
  In item number 345 of such table, strike ``Planning and 
design'' and insert ``Planning, design, and construction'' and 
strike ``$3,000,000.00'' and insert ``$125,000,000.00''.
  In item number 358 of such table, strike ``$2,000,000.00'' 
and insert ``$4,000,000.00''.
  In item number 463 of such table, strike ``Reconstruct'' and 
all that follows through ``Loma Linda'' and insert ``Inland 
Empire Goods Movement Gateway Project'' and strike 
``$4,000,000.00'' and insert ``$23,000,000.00''.
  In item number 533 of such table, strike ``$2,000,000.00'' 
and insert ``$6,000,000.00''.
  In item number 549 of such table, strike ``$14,000,000.00'' 
and insert ``$20,000,000.00''
  In item number 559 of such table, strike ``$1,000,000.00'' 
and insert ``$3,000,000.00''
  In item number 652 of such table, strike ``Planning and 
Design'' and insert ``Planning, design, and construction'' and 
strike ``$3,000,000.00'' and insert ``$200,000,000.00''.
  In item number 691 of such table, strike ``$1,000,000.00'' 
and insert ``$3,000,000.00''
  In item number 905 of such table, strike ``$1,000,000.00'' 
and insert ``$4,000,000.00''
  In item 1022 of such table, strike ``$3,000,000.00'' and 
insert ``$4,000,000.00''.
  In item 1044 of such table, strike ``$8,000,000.00'' and 
insert ``$8,500,000.00''
  In item number 1048 of such table, strike ``$10,000,000.00'' 
and insert ``$22,500,000.00''.
  In item number 1058 of such table, strike ``$250,000.00'' and 
insert ``$2,000,000.00''.
  In item number 1180 of such table, strike ``$4,500,000.00'' 
and insert ``$5,000,000.00''.
  In item number 1201 of such table, insert ``, Baldwin Road in 
Oakland Cty'' after ``median''.
  In item number 1210 of such table, strike ``$2,000,000.00'' 
and insert ``$3,000,000.00''.
  In item number 1228 of such table, strike ``I/40 Coors 
Interchange: Reconstruction of this major interchange in 
Albuquerque'' and insert ``I/40 Coors Interchange and Bridge 
Reconstruction: Reconstruction of this major interchange and 
required bridge work in Albuquerque'' and strike 
``$10,000,000.00'' and insert ``$28,000,000.00''.
  In item number 1229 of such table, strike ``$2,000,000.00'' 
and insert ``$2,500,000.00''.
  In item number 1293 of such table strike ``$10,000,000.00'' 
and insert ``$30,000,000.00''.
  In item number 1368 of such table, strike ``$1,000,000.00'' 
and insert ``$2,000,000.00''.
  In item number 1523 of such table, strike ``$2,000,000.00'' 
and insert ``$4,000,000.00''
  In item number 1536 of such table, strike ``$13,000,000.00'' 
and insert ``$34,000,000.00''.
  In item number 1595 of such table, strike ``$65,000.00'' and 
insert ``$100,000.00''.
  In item 1603 of such table, strike ``and Hernando County'' 
and strike ``$2,000,000.00'' and insert ``$3,000,000.00''.
  In item number 1629 of such table, strike ``$2,000,000.00'' 
and insert ``$4,000,000.00''
  In item number 1830 of such table, strike ``$4,000,000.00'' 
and insert ``$17,500,000.00''.
  In item number 1869 of such table, strike ``$480,000.00'' and 
insert ``$500,000.00''.
  In item number 1882 of such table, strike ``$15,345,000.00'' 
and insert ``$16,000,000.00''.
  In item number 1921 of such table, strike ``$1,000,000.00'' 
and insert ``$2,000,000.00''.
  In item number 2010 of such table, strike ``Widen'' and all 
that follows through ``Loma Linda'' and insert ``Pedestrian 
safety improvements on State Highway 62 in Yucca Valley'' and 
strike ``$2,000,000.00'' and insert ``$1,000,000.00''.
  In item number 2045 of such table, strike ``$2,000,000.00'' 
and insert ``$3,000,000.00''.
  In item number 2230 of such table, strike ``$14,000,000.00'' 
and insert ``$35,000,000.00''.
  In item number 2321 of such table, strike ``$1,000,000.00'' 
and insert ``$2,000,000.00''
  In item 2442 of such table, strike ``$3,000,000.00'' and 
insert ``$6,000,000.00''.
  In item number 2456 of such table, strike ``$750,000.00'' and 
insert ``$1,000,000.00''.
  In item 2496 of such table, strike ``Hernando'' and insert 
``Citrus''.
  In item number 2535 of such table, strike ``$1,000,000.00'' 
and insert ``$2,100,000.00''.
  In item number 2603 of such table, strike ``$5,000,000.00'' 
insert ``$8,750,000.00''.
  In item number 2620 of such table, strike ``$2,000,000.00'' 
and insert ``$2,250,000.00''.
  In item 2701 of such table, strike ``$3,000,000.00'' and 
insert ``$4,000,000.00''.
  In item number 2826 of such table, strike ``$2,000,000.00'' 
and insert ``$6,000,000.00''.
  In item number 2833 of such table, strike ``$8,000,000.00'' 
and insert ``$15,000,000.00''
  In item number 147 of such table, strike ``$3,000,000.00'' 
and insert ``$11,000,000.00''.
  In item number 1785 of such table, strike ``$3,000,000.00'' 
and insert ``$7,000,000.00''.
  In item number 2084 of such table, strike ``$1,000,000.00'' 
and insert ``$2,000,000.00''.
  In item number 1621 of such table, strike ``$2,000,000.00'' 
and insert ``$4,500,000.00''.
  In item number 1329 of such table, strike ``$500,000.00'' and 
insert ``$1,000,000.00''.
  In item number 2171 of such table, strike ``$2,000,000.00'' 
and insert ``$7,500,000.00''.
  In item number 2097 of such table, strike ``$1,000,000.00'' 
and insert ``$3,300,000.00''.
  At the end of such table, add the following:

                                             HIGH PRIORITY PROJECTS
----------------------------------------------------------------------------------------------------------------
                 No.                           State                  Project description             Amount
----------------------------------------------------------------------------------------------------------------
2839.                                 Minnesota..............  Provide biking and pedestrian         $250,000.00
                                                                trails between Century Middle
                                                                School and Minnesota Highway 34
                                                                in Park Rapids.
2840.                                 Illinois...............  Construct bike/pedestrian paths,    $3,000,000.00
                                                                Chicago.
2841.                                 Georgia................  Highway 92 realignment in          $11,250,000.00
                                                                Douglas County.
2842.                                 Georgia................  I-285/I-20 West Side Interchange    $1,250,000.00
2843.                                 Georgia................  City of Fayetteville Downtown         $500,000.00
                                                                Enhancements for economic
                                                                development.
2844.                                 Georgia................  Construct roads in Rockdale           $500,000.00
                                                                Veterans Memorial Park.
2845.                                 Colorado...............  I-25 from Highway 52 to Highway     $8,000,000.00
                                                                14, widening and safety
                                                                improvements; implementation of
                                                                multi-modal alternatives
                                                                identified in EIS.
2846.                                 Colorado...............  Highway 287 from the Oklahoma       $3,000,000.00
                                                                State Line to Limon, Colorado;
                                                                reconstruct highway with
                                                                concrete and create a 2-lane
                                                                super highway.
2847.                                 Colorado...............  I-76 from the Nebraska State        $3,000,000.00
                                                                Line to its intersection with
                                                                E470; reconstruction of
                                                                pavement, major safety and
                                                                geometric improvements.
2848.                                 Arkansas...............  Construction of I-530 between      $40,000,000.00
                                                                Pine Bluff and Wilmar.
2849.                                 Nebraska...............  Resurface bridge connecting US-       $500,000.00
                                                                75 and I-29 in the City of
                                                                Bellevue.
2850.                                 New Jersey.............  Washington Township/Downtown        $1,250,000.00
                                                                Congestion Mitigation Project.
2851.                                 Connecticut............  I-84 Waterbury Expressway           $3,800,000.00
                                                                Reconstruction from Waterbury
                                                                to Southington.
2852.                                 Connecticut............  Provide substantial improvements    $3,800,000.00
                                                                to intersection ramps in I-84
                                                                from the New York State line at
                                                                Exit 1 in Danbury easterly to
                                                                Exit 11 in Newtown.
2853.                                 Connecticut............  Lakeville Center Enhancement          $895,000.00
                                                                improves the pedestrian and
                                                                vehicle safety of the
                                                                intersection of Routes 41 and
                                                                44.
2854.                                 Connecticut............  Union Station Reconstruction in     $1,705,000.00
                                                                Falls Village.
2855.                                 Connecticut............  Broad Street Reconstruct Project    $3,800,000.00
                                                                in New Britain.
2856.                                 Minnesota..............  City of Moorhead SE Main GSI,       $2,000,000.00
                                                                34th St. and I94 Interchange,
                                                                and Moorhead Comprehensive Rail
                                                                Safety Program.
2857.                                 Minnesota..............  Paynesville Hwy. 23 Bypass......    $2,000,000.00
2858.                                 Commonwealth of          Commonwealth of the Northern       $12,000,000.00
                                       Northern Mariana         Mariana Islands planning,
                                       Islands.                 design, and construction of
                                                                East Coast Highway/Route 36
                                                                Saipan.
2859.                                 Illinois...............  Stearns Road Bridge, Kane County   $88,000,000.00
2860.                                 Alaska.................  Intermodal facility improvements   $25,000,000.00
                                                                at the Port of Anchorage.
2861.                                 Alaska.................  Improve marine dry-dock and        $25,000,000.00
                                                                facilities in Ketchikan.
2862.                                 New York...............  Audobon Parkway at Lee Road         $4,500,000.00
                                                                (University at Buffalo).
2863.                                 Louisiana..............  Replace the Prospect Street         $3,000,000.00
                                                                bridge (LA 3087), Houma.
2864.                                 Louisiana..............  Expand existing South Central       $1,800,000.00
                                                                Planning and Development
                                                                Commission Intelligent
                                                                Transportation System program
                                                                in Houma-Thibodaux area by
                                                                installing signals, sensors and
                                                                systems.
2865.                                 Louisiana..............  Plan and develop a four-lane          $200,000.00
                                                                roadway, Jeanerette to US 90
                                                                connection.
2866.                                 Louisiana..............  Plan, design, land acquisition      $2,750,000.00
                                                                and construction for improved
                                                                access to I-10 and US61/River
                                                                Road in St. John the Baptist
                                                                and in Ascension Parish on the
                                                                LA22 Corridor.
2867.                                 Louisiana..............  Continue planning and               $1,900,000.00
                                                                construction of the New Orleans
                                                                Regional Planning Commission
                                                                Mississippi River trail in St.
                                                                John, Plaquemines, St. Bernard
                                                                and St. Charles parishes.
2868.                                 Louisiana..............  Improve Ralph Darden Memorial         $350,000.00
                                                                Parkway between LA182 and
                                                                Martin Luther King Road, St.
                                                                Mary Parish.
2869.                                 Louisiana..............  Improvements to LA46 in St.           $400,000.00
                                                                Bernard Parish.
2870.                                 Colorado...............  Corridor Safety and Capacity        $5,000,000.00
                                                                Improvements to Powers Blvd.
                                                                (right of way purchase for
                                                                Powers Blvd.).
2871.                                 California.............  Reconstruct and widen SR 46 to a   $50,000,000.00
                                                                4-lane expressway between Kern
                                                                County line and Interstate 5.
2872.                                 California.............  Road construction and surface      $50,000,000.00
                                                                transportation improvements in
                                                                Bakersfield Metropolitan area.
2873.                                 Ohio...................  Improve Rt. 62 (Town and Main      $13,000,000.00
                                                                Street) Bridges over Scioto
                                                                River in Columbus.
2874.                                 Ohio...................  Upgrade Rt. 665 Bridge over I-71   $15,000,000.00
                                                                and widen I-71 between Rt 665
                                                                and I-270 by one lane each
                                                                direction in Grove City.
2875.                                 Illinois...............  Ogden Corridor project             $40,000,000.00
                                                                alternatives analysis,
                                                                environmental work, preliminary
                                                                engineering and final design in
                                                                Cook County.
2876.                                 Arizona................  White Spar Road improvement.....    $3,000,000.00
2877.                                 Texas..................  South Orient Economic              $14,000,000.00
                                                                Rehabilitation.
2878.                                 Virginia...............  Construction of I-66/Rt. 29         $4,500,000.00
                                                                Interchange in Gainsville.
2879.                                 Virginia...............  Improvements to Washington            $250,000.00
                                                                Street in Haymarket.
2880.                                 Virginia...............  Parking lot expansion and             $250,000.00
                                                                sidewalk improvements on Main
                                                                Street in Clifton.
2881.                                 New York...............  Roadway improvements, may           $1,000,000.00
                                                                include drainage, paving and
                                                                gued rail, to County Route 4,
                                                                Ensign Pond Road, in the Towns
                                                                of Moriah and North Hudson.
2882.                                 New York...............  Route 4 streetscape                 $2,000,000.00
                                                                improvements, Town and Village
                                                                of Fort Edward, Washington
                                                                County.
2883.                                 New York...............  Improvements to Batchellorville     $2,000,000.00
                                                                Bridge, Saratoga County.
2884.                                 Ohio...................  Rickenbacker Intermodal Facility    $5,500,000.00
----------------------------------------------------------------------------------------------------------------

  In section 1804 (pages 354 and 355), redesignate paragraphs 
(1) and (2) as paragraphs (3) and (4), respectively, and insert 
before paragraph (3) (as so redesignated) the following:
          (1) in paragraph (23) by inserting before the period 
        at the end the following: ``and the connection from 
        Wichita, Kansas, to Sioux City, Iowa, which includes I-
        135 from Wichita, Kansas to Salina, Kansas, United 
        States Route 81 from Saline, Kansas, to Norfolk, 
        Nebraska, Nebraska State Route 35 from Norfolk, 
        Nebraska, to South Sioux City, Nebraska, and the 
        connection to I-29 in Sioux City, Iowa'';
          (2) by striking paragraph (34) and inserting the 
        following:
          ``(34) The Alameda Corridor-East and Southwest 
        Passage, California. The Alameda Corridor-East is 
        generally described as the corridor from East Los 
        Angeles (terminus of Alameda Corridor) through Los 
        Angeles, Orange, San Bernardino, and Riverside 
        Counties, to termini at Barstow in San Bernardino 
        County and Coachella in Riverside County. The Southwest 
        Passage shall follow I-10 from San Bernardino to the 
        Arizona State line.'';
  At the end of the matter added by section 1804(3) (as so 
redesignated), strike the closing quotation marks and insert 
the following:
          ``(53) United States Highway Route 6 from Interstate 
        Route 70 to Interstate Route 15, Utah.
          ``(54) The California Farm-to-Market Corridor, 
        California State Route 99 from south of Bakersfield to 
        Sacramento, California.''
  Page 360, line 25, insert before the period the following: 
``and an evaluation of advanced acrylic water-borne pavement 
markings''.
  In title I, strike section 1814 and insert the following:

SEC. 1814. THOMAS P. `TIP' O'NEILL, JR. TUNNEL.

  (a) Designation.--In honor of his service to the Commonwealth 
of Massachusetts and the United States of America, and in 
recognition of his contributions toward the construction of 
Central Artery Tunnel project in Boston, the northbound and 
southbound tunnel of Interstate Route 93, located in the city 
of Boston, which extends north of the intersection of 
Interstate Route 90 and Interstate Route 93 to the Leonard P. 
Zakim Bunker Hill Bridge, is designated as the ``Thomas P. 
`Tip' O'Neill, Jr. Tunnel''.
  (b) References.--Any reference in law, map, regulation, 
document, paper, or other record of the United States to the 
tunnel referred to in subsection (a) shall be deemed to be a 
reference to the ``Thomas P. `Tip' O'Neill, Jr. Tunnel''.
  In subtitle H of title I, strike section 1818 and insert the 
following:

SEC. 1818. LOAN FORGIVENESS.

  Debt outstanding as of the date of enactment of this Act for 
project number Q-DPM-0013(001) carried out under section 108(c) 
of title 23, United States Code, is deemed satisfied.

SEC. 1819. LEAD AGENCY DESIGNATION.

  The public entity established under California law in 1989 to 
acquire rights-of-way in northwestern California to maintain 
surface transportation infrastructure is hereby designated as 
the lead agency for the purpose of accepting Federal funds 
authorized under item 13 of the table contained in section 
1108(b) of the Intermodal Surface Transportation Efficiency Act 
of 1991 (105 Stat. 2061).

SEC. 1820. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVERPASSES.

  The project agreement for a Federal-aid highway project shall 
provide that any debris from demolition of a bridge or overpass 
that is on the Federal-aid highway must be made available for 
beneficial public use by Federal, State, and local governments. 
Any additional cost associated with making available the debris 
shall be borne by the recipient of the debris.

SEC. 1821. HUBZONE PROGRAM.

  Section 3(p)(4)(B)(ii) of the Small Business Act (15 U.S.C. 
632(p)(4)(B)(ii)) is amended
          (1) in subclause (I) by striking ``or '' at the end;
           (2) in subclause (II) by striking the period at the 
        end and inserting ``; or'' ; and
          (3) by adding after subclause (II) the following:
                                  ``(III) there is located a 
                                difficult development area, as 
                                designated by the Secretary of 
                                Housing and Urban Development 
                                in accordance with section 
                                42(d)(5)(C)(iii) of the 
                                Internal Revenue Code of 1986, 
                                within Alaska, Hawaii, or any 
                                territory or possession of the 
                                United States outside the 48 
                                contiguous States.''.

SEC. 1822. TECHNICAL AMENDMENTS TO TEA 21 PROJECTS.

  The table contained in section 1602 of the Transportation 
Equity Act for the 21st Century (112 Stat. 257) is amended--
          (1) in item number 35 by adding ``and for other 
        related purposes'' after ``Yard'';
          (2) in item number 78 by striking ``Third'' and all 
        that follows through ``Bridge'' and inserting ``Bayview 
        Transportation Improvements Project'';
          (3) in item number 312 by inserting ``through 
        construction'' after ``engineering'';
          (4) in item number 800 by striking ``Fairview 
        Township'' and inserting ``or other projects selected 
        by the York County, Pennsylvania MPO'';
          (5) in item number 820 by striking ``Conduct'' and 
        all that follows through ``interchange'' and inserting 
        ``Conduct a transportation needs study and make 
        improvements to I-75 interchanges in the Grayling 
        area'';
          (6) in item number 897 by striking ``Upgrade'' and 
        all that follows through ``interchange'' and inserting 
        ``Engineering and construction of a new access road to 
        a development near Interstate 57 and 167th Street in 
        Country Club Hills'';
          (7) in item number 1121 by striking ``Construct'' and 
        all that follows through ``Douglaston Parkway'' and 
        inserting ``Provide landscaping along both sides of the 
        Grand Central Parkway from 188th Street to 172nd 
        Street'';
          (8) in item 1225 by striking ``Construct SR 9 
        bypass'' and inserting ``Study, design, and construct 
        transportation solutions for SR 9 corridor''; and
          (9) in item number 1447 strike ``Extend'' and all 
        that follows through ``Valparaiso'' and insert ``Design 
        and construction of interchange at I-65 and 109th 
        Avenue, Crown Point''.

SEC. 1823. NATIONAL WORK ZONE SAFETY INFORMATION CLEARINGHOUSE.

  The Secretary shall make grants of $1,000,000 for fiscal 
years 2005 through 2009 to a national nonprofit foundation for 
the operation of the National Work Zone Safety Information 
Clearinghouse, authorized by section 358(b)(2) of Public Law 
104-59, created for the purpose of assembling and 
disseminating, by electronic and other means, information 
relating to improvement of roadway work zone safety.

SEC. 1824. TRANSPORTATION CONFORMITY.

  (a) Conformity Redeterminations.--Section 176(c)(2) of the 
Clean Air Act (42 U.S.C. 7506(c)) is amended by adding at the 
end the following:
          ``(E) The appropriate metropolitan planning 
        organization shall redetermine conformity for existing 
        transportation plans and programs not later than 2 
        years after the date on which the Administrator_
                  ``(i) finds a motor vehicle emissions budget 
                in a submitted implementation plan to be 
                adequate in accordance with section 
                93.118(e)(4) of title 40, Code of Federal 
                Regulations (as in effect on October 1, 2003); 
                or
                  ``(ii) approves an implementation plan under 
                section 110(k) or promulgates an implementation 
                plan under section 110(c) that establishes a 
                motor vehicle emissions budget where there was 
                no prior budget or that establishes a budget 
                that significantly varies from any motor 
                vehicle emissions budget in effect pursuant to 
                an adequacy determination in accordance with 
                section 93.118(e)(4) of title 40, Code of 
                Federal Regulations (as in effect on October 1, 
                2003) or as part of an implementation plan 
                approved or promulgated under section 110.''.
  (b) Frequency of Conformity Determination Updates.--Section 
176(c)(4) of the Clean Air Act (42 U.S.C. 7506(c)(4)) is 
amended follows:
          (1) By striking ``one year after the date of 
        enactment of the Clean Air Act Amendments of 1990'' and 
        inserting ``one year after the date of enactment of the 
        Transportation Equity Act: A Legacy for Users'' .
          (2) In subparagraph (B) by amending clause (ii) to 
        read as follows:
          ``(ii) provide that conformity determinations for 
        transportation plans and programs be determined every 4 
        years in areas designated as nonattainment or 
        redesignated to attainment (unless a metropolitan 
        planning organization as designated in section 5213(b) 
        of title 49, United States Code, elects to update a 
        transportation plan and program more frequently or is 
        required to determine conformity in accordance with 
        paragraph (2)(E)).''.
  (c) Time Horizon for Conformity Determinations in 
Nonattainment Areas.--Subsection (c) of section 176 of the 
Clean Air Act (42 U.S.C. 7506(c)) is amended by adding the 
following new paragraph at the end thereof:
          ``(7) Time horizon for determinations.--Each 
        conformity determination required under this section 
        for a transportation plan under section 5213(g) of 
        title 49 of the United States Code shall require a 
        demonstration of conformity during the period ending on 
        either the final year of the transportation plan or, at 
        the election of the metropolitan planning organization 
        and an air pollution control agency, as defined in 
        section 302(b), if such air pollution control agency is 
        responsible for developing plans or controlling air 
        pollution within the area covered by the transportation 
        plan on the later of the following dates (hereinafter 
        in this paragraph referred to as the `final 
        transportation conformity date'):
                  ``(A) The tenth year of the transportation 
                plan.
                  ``(B) The attainment date set forth in the 
                applicable implementation plan for the air 
                pollutant concerned.
                  ``(C) The year after the completion of a 
                regionally significant project, if the project 
                will be programmed in the transportation 
                improvement program or requires approval before 
                the subsequent conformity determination.
        Such conformity determination shall be accompanied by a 
        regional emissions analysis for any years of the 
        transportation plan that extend beyond such final 
        conformity date. In the case in which an area has a 
        revision to an implementation plan under section 
        175A(b) and the Administrator has found the motor 
        vehicle emissions budgets from that revision to be 
        adequate in accordance with section 93.118(e)(4) of 
        title 40, Code of Federal Regulations (as in effect 
        October 1, 2003), or has approved the revision, the 
        demonstration of conformity (at the election of the 
        metropolitan planning organization and an air pollution 
        control agency, as defined in section 302(b), if such 
        air pollution control agency is responsible for 
        developing plans or controlling pollution within the 
        area covered by the transportation plan) and the 
        metropolitan planning organization shall be required to 
        extend only through the last year of the implementation 
        plan required under section 175A(b).''.
  (d) Substitution of Transportation Control Measures.--
Subsection 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) is 
amended by adding at the end the end the following new 
paragraph:
          ``(8)(A) Transportation control measures that are 
        specified in an implementation plan may be replaced in 
        the implementation plan with substitute transportation 
        control measures if
                  ``(i) the substitute measures achieve 
                equivalent or greater emission reductions than 
                the control measures to be replaced, as 
                determined by the Administrator,
                  ``(ii) the substitute measures utilize an 
                emissions impact analysis that is consistent 
                with the current methodology used for 
                evaluating replaced control measures in the 
                implementation plan;
                  ``(iii) the substitute control measures are 
                implemented not later than the date on which 
                such emission reductions are necessary to 
                achieve the purpose of the implementation plan;
                  ``(iv) the substitute control measures were 
                developed with reasonable public notice and the 
                opportunity for comments; and
                  ``(v) the metropolitan planning organization 
                finds that adequate funding is included in the 
                transportation improvement program to ensure 
                timely implementation of the substitute control 
                measures.
          ``(B) After the requirements of paragraph (A) are 
        met, a State may adopt the substitute measures in the 
        applicable implementation plan within a reasonable 
        period of time.
          ``(C) The substitution of a transportation control 
        measure in accordance with this paragraph shall not be 
        contingent on the existence of any provision in the 
        applicable implementation plan that expressly permits 
        such substitution.
          ``(D) The substitution of a transportation control 
        measure in accordance with this paragraph shall not 
        require--
                  ``(i) a new conformity determination for the 
                transportation plan, or
                  ``(ii) a revision of the applicable 
                implementation plan.
          ``(E) A control measure that is being replaced by a 
        substitute control measure under this paragraph shall 
        remain in effect until the substitute control measure 
        is adopted.
          ``(F) Adoption of a substitute control measure shall 
        constitute rescission of the previously applicable 
        control measure.
Transportation control measures may be added to an 
implementation plan subject to subparagraphs (B), (C), and (D), 
on the same basis as if such measures were substitute 
transportation control measures if such measures do not 
increase emissions for which limitations have been established 
in an implementation plan, and such measures meet the 
requirements of clauses (ii), (iii), (iv), and (v) of 
subparagraph (A).''.
  (e) Lapse of Conformity.--Subsection (c) of section 176 of 
the Clean Air Act (42 U.S.C. 7506(c)) is amended by adding the 
following new paragraphs at the end thereof:
          ``(9) Lapse of conformity.--If a conformity 
        determination required under this subsection for a 
        transportation plan under section 5213(g) of title 49 
        of the United States Code or a transportation 
        improvement program under section 5213(h) of title 49 
        of the United States Code is not made by the applicable 
        deadline and such failure is not corrected by 
        additional measures to either reduce motor vehicle 
        emissions sufficient to demonstrate compliance with the 
        requirements of this subsection within 12 months after 
        such deadline or other measures sufficient to correct 
        such failures, the transportation plan shall lapse.
          ``(10) Lapse.--The term `lapse' means that the 
        conformity determination for a transportation plan or 
        transportation improvement program has expired, and 
        thus there is no currently conforming transportation 
        plan or transportation improvement program.''.

SEC. 1825. ELIGIBILITY TO PARTICIPATE IN WESTERN ALASKA COMMUNITY 
                    DEVELOPMENT QUOTA PROGRAM.

  A community is deemed to be eligible to participate in the 
western Alaska community development quota program established 
under section 305(i) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1855(i)) if the 
community--
          (1) is listed in table 7 to part 679 of title 50, 
        Code of Federal Regulations, as in effect on March 8, 
        2004; or
          (2) was determined to be eligible participate in such 
        program by the National Marine Fisheries Service on 
        April 19, 1999.

SEC. 1826. METROPOLITAN REGIONAL FREIGHT AND PASSENGER TRANSPORTATION 
                    STUDY.

  (a) In General.--The Secretary shall enter into an agreement 
with a partnership comprised of 2 institutions of higher 
learning to study metropolitan regional freight and passenger 
transportation and system-wide performance utilizing an 
interdisciplinary technique of supply chain management, 
geographic information systems, and urban/suburban planning and 
management.
  (b) Contents of Study.--The study under this section shall 
include, at a minimum, evaluations of--
          (1) best practices for regional transportation 
        operations and management;
          (2) relationships among truck trip generation and 
        economic activities;
          (3) spatial analysis of the distribution of economic 
        activity and transportation investments;
          (4) congestion mitigation and management of air 
        quality through the concentration of modeling and 
        technology;
          (5) supply chain management and geographic 
        information systems; and
          (6) infrastructure management and renewal.
  (c) Federal Share.--The Federal share of the cost of the 
study under this section shall be 100 percent.
  (d) Funding.--Of the amounts made available to carry out 
section 1305 for each of fiscal years 2005 through 2009, 
$1,800,000 shall be made available to carry out this section.

SEC. 1827. INTERMODAL TRANSPORTATION FACILITY EXPANSION.

  Any Federal and non-Federal share provided for the Port of 
Anchorage for an intermodal transportation marine facility or 
for access to that facility shall be transferred to and 
administered by the Administrator of the Maritime 
Administration.

SEC. 1828. ADVANCED TRUCK STOP ELECTRIFICATION SYSTEM.

  (a) Definition.--Section 101(a) of title 23, United States 
Code, as amended by section 1202 of this Act, is further 
amended by adding at the end the following:
          ``(40) Advanced Truck Stop Electrification System.--
        The term `advanced truck stop electrification system' 
        means a stationary system that delivers heat, air 
        conditioning, electricity, and communications, and is 
        capable of providing verifiable evidence of use of 
        those services, to a heavy-duty vehicle and any 
        occupants of the heavy-duty vehicle without relying on 
        components mounted onboard the heavy-duty vehicle for 
        delivery of those services.''.
  (b) Eligibility Under STP.--Section 133(b)(6) of such title 
is amended by inserting ``, including advanced truck stop 
electrification systems'' before the period at the end.
  (c) Eligibility Under CMAQ.--Section 149(b)(4) of such title 
is amended by inserting ``, including advanced truck stop 
electrification systems,'' after ``facility or program''.

SEC. 1829. TECHNOLOGY.

  States are encouraged to consider using a non-destructive 
technology able to detect cracks including sub-surface flaws as 
small as 0.005 inches in length or depth in steel bridges.
  Page 395, line 16, strike ``All'' and all that follows 
through the period on line 18 and insert the following: ``All 
fees collected by the State from motorcyclists for the purposes 
of funding motorcycle training and safety programs are used for 
motorcycle training and safety programs.''.
  Page 396, line 20, before ``to carry'' insert ``incorporated 
in that State''.
  At the end of title II, insert the following (and conform the 
table of contents accordingly):

SEC. 2011. DRUG IMPAIRED DRIVING ENFORCEMENT.

  (a) Short Title.--This section may be cited as the ``Drug 
Impaired Driving Research and Prevention Act''.
  (b) Definitions.--In this section, the following definitions 
apply:
          (1) Controlled substance.--The term ``controlled 
        substance'' includes substances listed in schedules I 
        through V of section 112(e) of the Controlled 
        Substances Act (21 U.S.C. 812(e)).
          (2) Inhalant.--The term ``inhalant'' means a 
        household or commercial product that can be used by 
        inhaling for intoxicating effect.
          (3) Drug recognition expert.--The term ``drug 
        recognition expert'' means an individual trained in a 
        specific evaluation procedure that enables the person 
        to determine whether an individual is under the 
        influence of drugs and then to determine the type of 
        drug causing the observable impairment.
  (c) Model Statute.--
          (1) In general.--Not later than one year after the 
        date of enactment of this Act, the Secretary shall 
        develop and provide to the States a model statute 
        relating to drug impaired driving which incorporates 
        the provisions described in this section.
          (2) Mandatory provisions.--Provisions of the model 
        statute developed by the Secretary for recommendation 
        to the States under this section shall include, at a 
        minimum, a provision that the crime of drug impaired 
        driving is committed when a person operates a motor 
        vehicle--
                  (A) while any unlawful detectable amount of a 
                controlled substance is present in the person's 
                body, as measured in the person's blood, urine, 
                saliva, or other bodily substance; or
                  (B) due to the unlawful presence of a 
                controlled substance or a controlled substance 
                in combination with alcohol or an inhalant, or 
                both, in the person's body, the person's mental 
                or physical faculties are affected to a 
                noticeable or perceptible degree.
          (3) Discretionary provisions.--Provisions of the 
        model statute developed by the Secretary for 
        recommendation to the States under this section may 
        include the following:
                  (A) Sanctions for refusing to submit to a 
                test for the unlawful presence of a controlled 
                substance in a person's body which are 
                equivalent to sanctions for a positive test 
                result.
                  (B) A graduated system of penalties for 
                repeat offenses of drug impaired driving, 
                including, at a minimum, that a third or 
                subsequent offense within a 10-year period 
                shall be a felony punishable by imprisonment 
                for more than a year.
                  (C) Authorization for States to suspend or 
                revoke the license of any driver upon receiving 
                a record of the driver's conviction of driving 
                a motor vehicle while under the unlawful 
                influence of a controlled substance.
                  (D) Provisions that require a sentence of 
                imprisonment imposed for any drug impaired 
                driving offense be served consecutively, not 
                concurrently, from a sentence imposed for any 
                other criminal act; except that a sentence 
                imposed for the same act of impaired driving 
                may be imposed concurrently if the additional 
                conviction was based on an alternate theory of 
                culpability for the same act.
  (d) Research and Development.--Section 403(b) of title 23, 
United States Code, is amended by adding at the end the 
following:
          ``(5) New technology to detect drug use.
          ``(6) Research and development to improve testing 
        technology, including toxicology lab resources and 
        field test mechanisms to enable States to process 
        toxicology evidence in a more timely manner.
          ``(7) Determining per se unlawful impairment levels 
        for controlled substances (as defined in section 2011 
        of the Transportation Equity Act: A Legacy for Users) 
        and the compound effects of alcohol and controlled 
        substances on impairment to facilitate enforcement of 
        per se drug impaired driving laws. Research under this 
        paragraph shall be carried out in collaboration with 
        the National Institute on Drug Abuse of the National 
        Institutes of Health.''.
  (e) Goals for Training.--Section 403 of such title is amended 
by adding at the end the following:
  ``(g) Training Goals.--For the purpose of enhancing the 
States' ability to detect, enforce, and prosecute drug impaired 
driving laws, the Secretary shall--
          ``(1) establish and carry out programs to enhance 
        police and prosecutor training efforts for enforcement 
        of laws relating to drug impaired driving and for 
        development of programs to improve enforcement of such 
        laws; and
          ``(2) ensure that drug impaired driving enforcement 
        training or drug recognition expert programs, or both, 
        exist in all 50 States and the District of Columbia by 
        December 31, 2006.''.
  (f) Duties.--The Administrator of the National Highway 
Traffic Safety Administration shall--
          (1) advise and coordinate with other Federal agencies 
        on how to address the problem of driving under the 
        influence of an illegal drug; and
          (2) conduct research on the prevention, detection, 
        and prosecution of driving under the influence of an 
        illegal drug.
  (g) Reports.--
          (1) In General.--Not later than 18 months after the 
        date of enactment of this Act and annually thereafter, 
        the Secretary shall transmit to Congress a report on 
        the progress being made in carrying out this Act, 
        including the amendments made by this Act.
          (2) Contents.--The Secretary shall include in the 
        report an assessment of the status of drugged impaired 
        driving laws in the United States--
                  (A) new research and technologies in the area 
                of drug impaired driving enforcement;
                  (B) a description of the extent of the 
                problem of driving under the influence of an 
                illegal drug in each State and any available 
                information relating thereto, including a 
                description of any laws relating to the problem 
                of driving under the influence of an illegal 
                drug; and
                  (C) recommendations for addressing the 
                problem of driving under the influence of an 
                illegal drug.
  (h) Funding.--Out of amounts appropriated to carry out 
section 403 of title 23, United States Code, for fiscal years 
2004 through 2009, the Secretary shall use, at a minimum, 
$1,200,000 per fiscal year to carry out drug impaired driving 
traffic safety programs, including the provisions of this 
section and the amendments made by this section.
  In section 5308(c)(2)(A) of title 49, United States Code, as 
proposed to be inserted by section 3009 of the bill (pages 422 
and 423), strike clause (iii) and insert the following:
                          ``(iii) 1.2 if, at the time of the 
                        apportionment, the area is classifed as 
                        a moderate ozone nonattainment area 
                        under subpart 2 of such part;
  Page 426, line 13, strike ``transit supportive policies,'' 
and insert ``and transit supportive policies''.
  In section 5309 of title 49, United States Code, as proposed 
to be amended by section 3010(d) of the bill, redesignate 
paragraph (2) of subsection (k) as paragraph (4) (page 447), 
move such redesignated paragraph to the end of subsection (m) 
(page 450), and strike ``(1) Considerations.--'' in such 
subsection (k) (page 447, line 9).
  Page 450, line 10, after the period insert the following: 
``Of the amounts made available under paragraphs (1)(C) and 
(2)(B)(iii), $10,000,000 shall be available in each of fiscal 
years 2004 through 2009 for ferry boats or ferry terminal 
facilities.''.
  Page 482, lines 14 and 15, strike ``10 persons per square 
mile or fewer'' and insert ``10 or fewer persons per square 
mile in other than urbanized areas of the State''.
  Page 500, line 10, strike ``(b) and (c)'' and insert ``(b), 
(c), and (d)''.
  Page 501, strike line 3 and all that follows through line 15.
  In section 3037(b)(4), strike ``extensions''.
  In section 3037(b)(15)--
          (1) strike ``Phase II'' and insert ``Foothill''; and
          (2) strike ``Claremont'' and insert ``Montclair''.
  In section 3037(b)--
          (1) in paragraph (37) strike ``MUNI'' and insert 
        ``Muni''; and
          (2) after paragraph (36) insert the following (and 
        redesignate subsequent paragraphs accordingly):
          (37) San Diego--Mid Coast Extension.
  In section 3037(b), after paragraph (38), relating to Santa 
Clara Valley Transit Authority, insert the following (and 
redesignate subsequent paragraphs accordingly):
          (39) Tampa Bay--Regional Rail.
  In section 3037(c)(2), strike ``Albuquerque-Santa Fe'' and 
insert ``Belen-Santa Fe''.
  In section 3037(c), strike paragraph (9) and insert the 
following (and redesignate subsequent paragraphs accordingly):
          (9) Austin--Rapid Bus Project.
          (10) Austin--Regional Commuter Rail.
  In section 3037(c), after paragraph (20), relating to Charles 
Town-Ranson, West Virginia, insert the following (and 
redesignate subsequent paragraphs accordingly):
          (21) Central Phoenix--East Valley Corridor LRT 
        Extensions.
  In section 3037(c), after paragraph (34), relating to Corpus 
Christi, insert the following (and redesignate subsequent 
paragraphs accordingly):
          (35) Dallas Area Rapid Transit--Dallas Central 
        Business District.
  In section 3037(c), after paragraph (38) relating to Denver--
Gold Line Extension to Arvada, insert the following (and 
redesignate subsequent paragraphs accordingly):
          (39) Denver--United States Route 36 Transit Corridor.
          (40) Denver--North Metro Corridor to Thornton.
          (41) Denver--East Corridor to DIA Airport.
  In section 3037(c)(44), relating to Fort Worth, strike 
``Extension'' and insert ``Extensions''.
  In section 3037(c)(106), strike ``Extension to City of Lake 
Oswego'' and insert ``Extensions''.
  In section 3037(c), after paragraph (114), relating to 
Sacramento--Downtown, insert the following (and redesignate 
subsequent paragraphs accordingly):
          (115) Salt Lake City--Draper to Sandy LRT Extension.
          (116) Salt Lake City--TRAX Capacity Improvements.
          (117) Salt Lake City--West Valley City LRT Extension.
  In section 3037(c)(119), strike ``Geary'' and insert ``MUNI 
Geary''.
  In section 3037(c), after paragraph (123), relating to 
Seattle, insert the following (and redesignate subsequent 
paragraphs accordingly):
          (124) Seattle--Link LRT Extensions.
          (125) Seattle--Sound Transit Commuter Rail.
          (126) Seattle--Sound Transit Regional Express Bus.
  In section 3037(c), after paragraph (138), relating to Tri-
Rail Florida East Coast, insert the following (and redesignate 
subsequent paragraphs accordingly):
          (139) Tri-Rail Jupiter Extension.
  In section 3037(c), after paragraph (141), relating to 
Vancouver, insert the following (and redesignate subsequent 
paragraphs accordingly):
          (142) Virginia Beach--Bus Rapid Transit.
  In section 3037(c), after paragraph (142), relating to 
Virginia Railway Express, insert the following (and redesignate 
subsequent paragraphs accordingly):
          (143) Washington State Ferries and Ferry Facilities.
  In item 15 of the table contained in section 3038, strike 
``Gettysburt'' and insert ``Gettysburg''.
  In item number 25 of such table, strike ``$750,000.00'' and 
insert ``$2,850,000.00''.
  In item number 26 of such table, strike ``$750,000.00'' and 
insert ``$2,850,000.00''.
  In item 85 of such table, strike ``Pasadena'' and all that 
follows through ``centers'' and insert ``Pasadena to Montclair, 
CA Gold Line Light Rail Foothill Extension intermodal 
centers''.
  In item 97 of such table, strike ``$1,750,000.00'' and insert 
``$3,750,000.00''.
  In item 98 of such table, strike ``vehabilitation'' and 
insert ``rehabilitation''.
  In item 132 of such table, strike ``Gold Line phase II rail 
project'' and insert ``light rail Foothill Extension''.
  In item 162 of such table, after ``Construct'' insert 
``Foothill Transit''.
  At the end of such table, add the following:

----------------------------------------------------------------------------------------------------------------
                             Project                                   FY 05           FY 06           FY 07
----------------------------------------------------------------------------------------------------------------
356. Jesup, GA - Historic depot and bus station rehabilitation..     $320,000.00     $330,000.00     $350,000.00
357. Renaissance Square, NY - Intermodal center, below grade       $2,240,000.00   $2,310,000.00   $2,450,000.00
 transit center with association joint development, including
 community college and performing arts center...................
358. Boysville of Michigan - Vans purchase......................   $1,075,200.00   $1,108,800.00   $1,176,000.00
----------------------------------------------------------------------------------------------------------------

  In section 3039(b), strike ``4 nonprofit'' and insert ``4 
geographically diverse nonprofit''.
  In section 3039(c)(1), strike ``transit operations'' and 
insert ``transit bus operations''.
  Redesignate section 3040 as section 1829, move such 
redesignated section from title III to the end of subtitle H of 
title I, redesignate subsequent sections of title III 
accordingly, and conform the table of contents accordingly.
  In section 3042(a)(1), strike ``For carrying out'' and insert 
the following:
                  (A) In general.--For carrying out
  In section 3042(a)(1), redesignate subparagraphs (A) through 
(F) as clauses (i) through (vi), respectively, move such 
clauses 2 ems to the right, and after clause (vi) (as so 
redesignated) insert the following:
                  (B) Public transportation national security 
                study.--
                          (i) In general.--Not later than 6 
                        months after the date of enactment of 
                        this Act, the Secretary shall enter 
                        into an agreement with the National 
                        Academy of Sciences to conduct a study 
                        and evaluation of the value major 
                        public transportation systems in the 
                        United States serving the 38 urbanized 
                        areas that have a population of more 
                        than 1,000,000 individuals provide to 
                        the Nation's security and the ability 
                        of such systems to accommodate the 
                        evacuation, egress or ingress of people 
                        to or from critical locations in times 
                        of emergency.
                          (ii) Alternative routes.--For each 
                        system described in clause (i) the 
                        study shall identify--
                                  (I) potential alternative 
                                routes for evacuation using 
                                other transportation modes such 
                                as highway, air, marine, and 
                                pedestrian activities; and
                                  (II) transit routes that, if 
                                disrupted, do not have 
                                sufficient transit alternatives 
                                available.
                          (iii) Report.--Not later than 24 
                        months after the date of entry into the 
                        agreement, the Academy shall submit to 
                        the Secretary and the Committee on 
                        Transportation and Infrastructure of 
                        the House of Representatives and the 
                        Committee on Banking, Housing and Urban 
                        Affairs of the Senate a final report on 
                        the results of the study and 
                        evaluation, together with such 
                        recommendations as the Academy 
                        considers appropriate.
                          (iv) Funding.--Of the amounts made 
                        available under section 5338(d) of 
                        title 49, United States Code, $250,000 
                        shall be available for each of fiscal 
                        years 2005 and 2006 to carry out this 
                        subparagraph.
  At the end of title III, insert the following and conform the 
table of contents accordingly:

SEC. 3045. COOPERATIVE PROCUREMENT.

  (a) Review of Cooperative Procurement; Authority to Increase 
Federal Share.--
          (1) In general.--Not later than 6 months after the 
        date of enactment of this Act, the Secretary shall 
        undertake a 30-day review of efforts to use cooperative 
        procurement to determine whether benefits are 
        sufficient to formally incorporate cooperative 
        procurement into the mass transit program. In 
        particular the Secretary shall review the progress made 
        under the pilot program authorized under section 166 of 
        division F of the Consolidated Appropriations Act, 2004 
        (49 U.S.C. 5397 note; 118 Stat. 309), based on 
        experience to date in the pilot program and any 
        available reports to Congress submitted under such 
        section 166. The Secretary shall also consider 
        information gathered from grantees about cooperative 
        procurement, whether or not related to the pilot 
        program.
          (2) Notification of congress.--The Secretary shall 
        notify the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the 
        Senate of the results of the review required under 
        paragraph (1), including a finding of sufficient 
        benefit or insufficient benefit and the reasons for 
        that finding.
  In subparagraph (V) that is proposed to be inserted in 
section 31102(b)(1) of title 49, United States Code, by section 
4102(a)(6) of the bill, strike ``placing out of service'' and 
insert ``prohibiting the operation of''.
  In section 4120(e), strike ``2004,''.
  In section 4121(a), after ``mellitus'' insert ``who are 
applying for an exemption from the physical qualification 
standards''.
  In section 4121(a), strike ``qualify'' and insert ``be 
exempted from the physical qualification standards''.
  In section 4122(c), strike ``2004,''.
  In section 4128, insert at the end the following:
  (f) Inspection, Repair, and Maintenance of Intermodal 
Equipment.--Section 31136 of title 49, United States Code, is 
amended by adding at the end the following:
  ``(g) Inspection, Repair, and Maintenance of Intermodal 
Equipment.--The Secretary, or an employee of the Department of 
Transportation designated by the Secretary, may inspect 
intermodal equipment, and copy related maintenance and repair 
records for such equipment, on demand and display of proper 
credentials to inspect intermodal equipment.''.
  (g) Jurisdiction Over Equipment Providers.--Section 31132(1) 
of such title is amended by inserting after ``towed vehicle'' 
the following: ``(including intermodal equipment, including 
trailers, chassis and associated devices, commonly used for the 
transportation of intermodal freight via highway)''.
  In section 4208(a)(1), insert after ``challenge'' the 
following: ``duplicate or fraudulent''.
  At the end of title IV, insert the following (and conform the 
table of contents of the bill accordingly):

SEC. 4212. APPLICABILITY TO HOUSEHOLD GOODS MOTOR CARRIERS.

  (a) In General.--The provisions of title 49, United States 
Code, and this Act (including any amendments made by this Act) 
relating to the transportation of household goods shall only 
apply to household goods motor carriers.
  (b) Household Goods Motor Carrier Defined.--In this section, 
the term ``household goods motor carrier'' means a motor 
carrier as defined in section 13102(12) of title 49, United 
States Code, which, in the ordinary course of its business of 
providing transportation of household goods, offers some or all 
of the following additional services: binding and nonbinding 
estimates, inventorying, protective packing and unpacking of 
individual items, and loading and unloading at personal 
residences.
  Title V, after section 5102, insert the following:

SEC. 5103. FINDINGS.

  The Congress finds the following:
          (1) Research and development are critical to 
        developing and maintaining a transportation system that 
        meets the goals of safety, mobility, economic vitality, 
        efficiency, equity, and environmental protection.
          (2) Federally sponsored surface transportation 
        research and development has produced many successes. 
        The development of rumble strips has increased safety; 
        research on materials has increased the lifespan of 
        pavements, saving money and reducing the disruption 
        caused by construction; and Geographic Information 
        Systems have improved the management and efficiency of 
        transit fleets.
          (3) Despite these important successes, the Federal 
        surface transportation research and development 
        investment represents less than one percent of overall 
        government spending on surface transportation.
          (4) While Congress increased funding for overall 
        transportation programs by about 40 percent in the 
        Transportation Equity Act for the 21st Century, funding 
        for transportation research and development remained 
        relatively flat.
          (5) The Federal investment in research and 
        development should be balanced between short-term 
        applied and long-term fundamental research and 
        development. The investment should also cover a wide 
        range of research areas, including research on 
        materials and construction, research on operations, 
        research on transportation trends and human factors, 
        and research addressing the institutional barriers to 
        deployment of new technologies.
          (6) Therefore, Congress finds that it is in the 
        United States interest to increase the Federal 
        investment in transportation research and development, 
        and to conduct research in critical research gaps, in 
        order to ensure that the transportation system meets 
        the goals of safety, mobility, economic vitality, 
        efficiency, equity, and environmental protection.
  Title V, section 5201(b) of the bill in the matter proposed 
to be inserted in section 502(a) of title 23, United States 
Code, strike paragraphs (5) through (7) and insert the 
following:
          ``(5) Stakeholder input.--Federal surface 
        transportation research and development activities 
        shall address the needs of stakeholders. Stakeholders 
        include States, metropolitan planning organizations, 
        local governments, the private sector, researchers, 
        research sponsors, and other affected parties, 
        including public interest groups.
          ``(6) Competition and peer review.--Except as 
        otherwise provided in this Act, the Secretary shall 
        award all grants, contracts, and cooperative agreements 
        for research and development under this Act based on 
        open competition and peer review of proposals.
          ``(7) Performance review and evaluation.--To the 
        maximum extent practicable, all surface transportation 
        research and development projects shall include a 
        component of performance measurement and evaluation. 
        Performance measures shall be established during the 
        proposal stage of a research and development project 
        and shall, to the maximum extent possible, be outcome-
        based. All evaluations shall be made readily available 
        to the public.''.
  Title V, section 5203(a) of the bill, in the matter proposed 
to be inserted in section 507(d)(1) of title 23, United States 
Code, strike ``a national research agenda for the program'' and 
insert ``the national research agenda as set forth in the 
Transportation Research Board Special Report 268 as described 
in subsection (e)''.
  Title V, section 5203(a) of the bill, in the matter proposed 
to be inserted in section 507(e) of title 23, United States 
Code, insert at the end the following:
          ``(8) Contents.--The program established under 
        subsection (d)(1) shall carry out research and 
        development called for in the Transportation Research 
        Board Special Report 268, entitled `Surface 
        Transportation Environmental Research: A Long-Term 
        Strategy', published in 2002, which included the 
        following research and development areas:
          ``(1) Human Health.
          ``(2) Ecology and Natural Systems.
          ``(3) Environmental and Social Justice.
          ``(4) Emerging Technologies.
          ``(5) Land Use.
          ``(6) Planning and Performance Measures.
  Title V, section 5204(b) of the bill, in the matter proposed 
to be inserted in section 503(c)(2)(A) of title 23, United 
States Code, after ``materials,'' insert ``recycled materials 
(including taconite tailings and foundry sand),''
  Title V, section 5205(a)(2) of the bill, strike 
``$10,000,000'' and insert ``$8,500,000''.
  Title V, strike 5205(d) of the bill and insert the following:
  (d) Garrett A. Morgan Technology and Transportation Education 
Program.--
          (1) In general.--Section 504 of title 23, United 
        States Code, as amended by this section, is further 
        amended by adding at the end the following new 
        subsection:
  ``(d) Garrett A. Morgan Technology and Transportation 
Education Program.--
          ``(1) In general.--The Secretary shall establish the 
        Garrett A. Morgan Technology and Transportation 
        Education Program to improve the preparation of 
        students, particularly women and minorities, in 
        science, technology, engineering, and mathematics 
        through curriculum development and other activities 
        related to transportation.
          ``(2) Authorized activities.--The Secretary shall 
        award grants under this subsection on the basis of 
        competitive, peer review. Grants awarded under this 
        subsection may be used for enhancing science, 
        technology, engineering, and mathematics at the 
        elementary and secondary school level through such 
        means as--
                  ``(A) internships that offer students 
                experience in the transportation field;
                  ``(B) programs that allow students to spend 
                time observing scientists and engineers in the 
                transportation field; and
                  ``(C) developing relevant curriculum that 
                uses examples and problems related to 
                transportation.
          ``(3) Application and review procedures.--
                  ``(A) In general.--An entity described in 
                subparagraph (C) seeking funding under this 
                subsection shall submit an application to the 
                Secretary at such time, in such manner, and 
                containing such information as the Secretary 
                may require. Such application, at a minimum, 
                shall include a description of how the funds 
                will be used and a description of how the funds 
                will be used to serve the purposes described in 
                paragraph (2).
                  ``(B) Priority.--In making awards under this 
                subsection, the Secretary shall give priority 
                to applicants that will encourage the 
                participation of women and minorities.
                  ``(C) Eligibility.--Local education agencies 
                and State education agencies, which may partner 
                with institutions of higher education, 
                businesses, or other entities, shall be 
                eligible to apply for grants under this 
                subsection.
          ``(4) Definitions.--For purposes of this subsection--
                  ``(A) the term `institution of higher 
                education' has the meaning given that term in 
                section 101 of the Higher Education Act of 1965 
                (20 U.S.C. 1001);
                  ``(B) the term `local educational agency' has 
                the meaning given that term in section 9101 of 
                the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 7801); and
                  ``(C) the term `State educational agency' has 
                the meaning given that term in section 9101 of 
                the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 7801).''.
          (2) Funding.--Of the amounts made available by 
        section 5101(a)(2) of this Act, $500,000 for 2004 and 
        $1,000,000 for each of fiscal years 2005 through 2009 
        shall be available to carry out section 504(d) of title 
        23, United States Code.
  Title V, section 5209, redesignate subsections (b) and (c) as 
subsections (c) and (d).
  Title V, section 5209, after subsection (a) insert the 
following:
  (b) Programmatic Evaluations.--Within 3 years after the first 
research and development project grants, cooperative 
agreements, or contracts are awarded under this section, the 
Comptroller General shall review the program under this 
section, and recommend improvements. The review shall assess 
the degree to which projects funded under this section have 
addressed the research and development topics identified in the 
Transportation Research Board Special Report 260, including 
identifying those topics which have not yet been addressed.
  Title V, section 5205 of the bill, in the matter proposed to 
be inserted in section 504 of title 23, United States Code, 
redesignate subsections (f) and (g) as subsections (g) and (h), 
respectively.
  Title V, section 5205 of the bill, insert after subsection 
(e) the following:
  (f) Transportation Education Development Pilot Program.--
Section 504 of title 23, United States Code, is amended by 
inserting after subsection (e) the following:
  ``(f) Transportation Education Development Pilot Program.--
          ``(1) Establishment.--The Secretary shall establish a 
        program to make grants to institutions of higher 
        education that in partnership with industry or State 
        Departments of Transportation will develop, test, and 
        revise new curricula and education programs to train 
        individuals at all levels of the transportation 
        workforce.
          ``(2) Selection of grant recipients.--In selecting 
        applications for awards under this subsection, the 
        Secretary shall consider--
                  ``(A) the degree to which the new curricula 
                or education program meets the specific needs 
                of a segment of the transportation industry, 
                States, or regions;
                  ``(B) providing for practical experience and 
                on-the-job training;
                  ``(C) proposals oriented toward practitioners 
                in the field rather than the support and growth 
                of the research community;
                  ``(D) the degree to which the new curricula 
                or program will provide training in areas other 
                than engineering, such as business 
                administration, economics, information 
                technology, environmental science, and law;
                  ``(E) programs or curricula in nontraditional 
                departments which train professionals for work 
                in the transportation field, such as materials, 
                information technology, environmental science, 
                urban planning, and industrial technology; and
                  ``(F) industry or a State's Department of 
                Transportation commitment to the program.
          ``(3) Funding.--Of the amounts made available by 
        section 5101(a)(2) of this Act, $1,500,000 for each of 
        fiscal years 2005 through 2009 shall be available to 
        carry out this subsection.
          ``(4) Limitations.--The amount of a grant under this 
        subsection shall not exceed $250,000 per year. After a 
        recipient has received 3 years of Federal funding under 
        this subsection, Federal funding may equal no more than 
        75 percent of a grantee's program costs.''.
  Title V, subtitle B, is amended by adding at the end the 
following:

SEC. 5213. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING.

  (a) Amendment.--Section 508 of title 23, United States Code, 
is amended to read as follows:

``Sec. 508. Transportation research and development strategic planning

  ``(a) In General.--
          ``(1) Development.--Not later than 1 year after the 
        date of enactment of the Surface Transportation 
        Research and Development Act of 2004, the Secretary 
        shall develop a 5-year transportation research and 
        development strategic plan to guide Federal 
        transportation research and development activities. 
        This plan shall be consistent with section 306 of title 
        5, sections 1115 and 1116 of title 31, and any other 
        research and development plan within the Department of 
        Transportation.
          ``(2) Contents.--The strategic plan developed under 
        paragraph (1) shall--
                  ``(A) describe the primary purposes of the 
                transportation research and development 
                program, which shall include, at a minimum--
                          ``(i) reducing congestion and 
                        improving mobility;
                          ``(ii) promoting safety;
                          ``(iii) promoting security;
                          ``(iv) protecting and enhancing the 
                        environment;
                          ``(v) preserving the existing 
                        transportation system; and
                          ``(vi) improving the durability and 
                        extending the life of transportation 
                        infrastructure;
                  ``(B) for each purpose, list the primary 
                research and development topics that the 
                Department intends to pursue to accomplish that 
                purpose, which may include the fundamental 
                research in the physical and natural sciences, 
                applied research, technology development, and 
                social science research intended for each 
                topic; and
                  ``(C) for each research and development 
                topic, describe--
                          ``(i) the anticipated annual funding 
                        levels for the period covered by the 
                        strategic plan; and
                          ``(ii) the additional information the 
                        Department expects to gain at the end 
                        of the period covered by the strategic 
                        plan as a result of the research and 
                        development in that topic area.
          ``(3) Considerations.--In developing the strategic 
        plan, the Secretary shall ensure that the plan--
                  ``(A) reflects input from a wide range of 
                stakeholders;
                  ``(B) includes and integrates the research 
                and development programs of all the 
                Department's operating administrations, 
                including aviation, transit, rail, and 
                maritime; and
                  ``(C) takes into account how research and 
                development by other Federal, State, private 
                sector, and not-for-profit institutions 
                contributes to the achievement of the purposes 
                identified under paragraph (2)(A), and avoids 
                unnecessary duplication with these efforts.
          ``(4) Performance plans and reports.--In reports 
        submitted under sections 1115 and 1116 of title 31, the 
        Secretary shall include--
                  ``(A) a summary of the Federal transportation 
                research and development activities for the 
                previous fiscal year in each topic area;
                  ``(B) the amount of funding spent in each 
                topic area;
                  ``(C) a description of the extent to which 
                the research and development is meeting the 
                expectations set forth in paragraph (2)(C)(ii); 
                and
                  ``(D) any amendments to the strategic plan.
  ``(b) The Secretary shall submit to Congress an annual 
report, along with the President's annual budget request, 
describing the amount spent in the last completed fiscal year 
on transportation research and development and the amount 
proposed in the current budget for transportation research and 
development.
  ``(c) National Research Council Review.--The Secretary shall 
enter into an agreement for the review by the National Research 
Council of the details of each--
          ``(1) strategic plan under section 508;
          ``(2) performance plan required under section 1115 of 
        title 31; and
          ``(3) program performance report required under 
        section 1116 of title 31,
with respect to transportation research and development.''.
  (b) Conforming Amendment.--The analysis for chapter 5 of 
title 23, United States Code, is amended by striking the item 
related to section 508 and inserting the following:

``508. Transportation research and development strategic planning.''.

  Title V, in section 5302 of the bill in the matter proposed 
to be inserted in section 5506(e)(C)(ii) of title 49, United 
States Code, insert ``and'' after the semicolon.
  Title V, in section 5302 of the bill, in the matter proposed 
to be inserted in section 5506(e)(2)(C) of title 49, United 
States Code, strike clause (iv) in such matter.
  Title V, in section 5302 of the bill, in the matter proposed 
to be inserted in section 5506(e)(2)(C)(iii) of title 49, 
United States Code, strike ``; and'' and insert the following: 
``who, as a group, have published a total at least 50 refereed 
journal publications on highway or public transportation 
research during the preceding 5 years.''.
  Title V, in section 5302 of the bill in the matter proposed 
to be inserted in section 5506(f)(2)(B)(ii) of title 49, United 
States Code, insert ``and'' after the semicolon.
  Title V, in section 5302 of the bill, in the matter proposed 
to be inserted in section 5506(f)(2)(B) of title 49, United 
States Code, strike clause (iv) in such matter.
  Title V, in section 5302 of the bill, in the matter proposed 
to be inserted in section 5506(f)(2)(B)(iii) of title 49, 
United States Code, strike ``; and'' and insert the following: 
``who, as a group, have published a total at least 20 refereed 
journal publications on highway or public transportation 
research during the preceding 5 years.''.
  Title V, strike section 5501 and insert the following:

SEC. 5501. BUREAU OF TRANSPORTATION STATISTICS.

  Section 111 of title 49, United States Code, is amended to 
read as follows:

``Sec. 111. Bureau of Transportation Statistics

  ``(a) Establishment.--There is established in the Department 
of Transportation a Bureau of Transportation Statistics.
  ``(b) Director.--
          ``(1) Appointment.--The Bureau shall be headed by a 
        Director who shall be appointed by the President, by 
        and with the advice and consent of the Senate.
          ``(2) Qualifications.--The Director shall be 
        appointed from among individuals who are qualified to 
        serve as the Director by virtue of their training and 
        experience in the collection, analysis, and use of 
        transportation statistics.
          ``(3) Reporting.--The Director shall report directly 
        to the Secretary.
          ``(4) Term.--The term of the Director shall be 5 
        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 shall be responsible for carrying out the following duties:
          ``(1) Providing data, statistics, and analysis to 
        transportation decisionmakers.--Ensuring that the 
        statistics compiled under paragraph (5) are designed to 
        support transportation decisionmaking by the Federal 
        Government, State and local governments, metropolitan 
        planning organizations, transportation-related 
        associations, the private sector (including the freight 
        community), and the public.
          ``(2) Coordinating collection of information.--
        Working with the operating administrations of the 
        Department to establish and implement the Bureau's data 
        programs and to improve the coordination of information 
        collection efforts with other Federal agencies.
          ``(3) Data modernization.--Continually improving 
        surveys and data collection methods to improve the 
        accuracy and utility of transportation statistics.
          ``(4) Encouraging data standardization.--Encouraging 
        the standardization of data, data collection methods, 
        and data management and storage technologies for data 
        collected by the Bureau, the operating administrations 
        of the Department of Transportation, States, local 
        governments, metropolitan planning organizations, and 
        private sector entities.
          ``(5) Compiling transportation statistics.--
        Compiling, analyzing, and publishing a comprehensive 
        set of transportation statistics on the performance and 
        impacts of the national transportation system, 
        including statistics on--
                  ``(A) productivity in various parts of the 
                transportation sector;
                  ``(B) traffic flows for all modes of 
                transportation;
                  ``(C) other elements of the Intermodal 
                Transportation Database established under 
                subsection (g);
                  ``(D) travel times and measures of 
                congestion;
                  ``(E) vehicle weights and other vehicle 
                characteristics;
                  ``(F) demographic, economic, and other 
                variables influencing traveling behavior, 
                including choice of transportation mode, and 
                goods movement;
                  ``(G) transportation costs for passenger 
                travel and goods movement;
                  ``(H) availability and use of mass transit 
                (including the number of passengers served by 
                each mass transit authority) and other forms of 
                for-hire passenger travel;
                  ``(I) frequency of vehicle and transportation 
                facility repairs and other interruptions of 
                transportation service;
                  ``(J) safety and security for travelers, 
                vehicles, and transportation systems;
                  ``(K) consequences of transportation for the 
                human and natural environment;
                  ``(L) the extent, connectivity, and condition 
                of the transportation system, building on the 
                National Transportation Atlas Database 
                developed under subsection (g); and
                  ``(M) transportation-related variables that 
                influence the domestic economy and global 
                competitiveness.
          ``(6) National spatial data infrastructure.--Building 
        and disseminating the transportation layer of the 
        National Spatial Data Infrastructure, including 
        coordinating the development of transportation 
        geospatial data standards, compiling intermodal 
        geospatial data, and collecting geospatial data that is 
        not being collected by others.
          ``(7) Issuing guidelines.--Issuing guidelines for the 
        collection of information by the Department of 
        Transportation required for statistics to be compiled 
        under paragraph (5) in order to ensure that such 
        information is accurate, reliable, relevant, and in a 
        form that permits systematic analysis. The Bureau shall 
        review and report to the Secretary of Transportation on 
        the sources and reliability of the statistics proposed 
        by the heads of the operating administrations of the 
        Department to measure outputs and outcomes as required 
        by the Government Performance and Results Act of 1993, 
        and the amendments made by such Act, and shall carry 
        out such other reviews of the sources and reliability 
        of other data collected or statistical information 
        published by the heads of the operating administrations 
        of the Department as shall be requested by the 
        Secretary.
          ``(8) Making statistics accessible.--Making the 
        statistics published under this subsection readily 
        accessible.
  ``(d) Information Needs Assessment.--
          ``(1) In general.--Within 60 days after the date of 
        the enactment of the Transportation Equity Act: A 
        Legacy for Users, the Secretary shall enter into an 
        arrangement with the National Research Council to 
        develop and publish a National Transportation 
        Information Needs Assessment (referred to in this 
        subsection as the `Assessment'). The Assessment shall 
        be transmitted to the Secretary and the Congress not 
        later than 24 months after such arrangement is entered 
        into.
          ``(2) Content.--The Assessment shall--
                  ``(A) identify, in priority order, 
                transportation data that is not being collected 
                by the Bureau, Department of Transportation 
                operating administrations, or other Federal, 
                State, or local entities, but is needed to 
                improve transportation decisionmaking at the 
                Federal, State, and local level and to fulfill 
                the requirements of subsection (c)(5);
                  ``(B) recommend whether the data identified 
                in subparagraph (A) should be collected by the 
                Bureau, other parts of the Department, or by 
                other Federal, State, or local entities, and 
                whether any data is a higher priority than data 
                currently being collected;
                  ``(C) identify any data the Bureau or other 
                Federal, State, and local entities is 
                collecting that is not needed;
                  ``(D) describe new data collection methods 
                (including changes in surveys) and other 
                changes the Bureau or other Federal, State, and 
                local entities should implement to improve the 
                standardization, accuracy, and utility of 
                transportation data and statistics; and
                  ``(E) estimate the cost of implementing any 
                recommendations.
          ``(3) Consultation.--In developing the Assessment, 
        the National Research Council shall consult with the 
        Department's Advisory Council on Transportation 
        Statistics and a representative cross-section of 
        transportation community stakeholders as well as other 
        Federal agencies, including the Environmental 
        Protection Agency, the Department of Energy, and the 
        Department of Housing and Urban Development.
          ``(4) Report to congress.--Not later than 6 months 
        after the National Research Council transmits the 
        Assessment under paragraph (1), the Secretary shall 
        transmit a report to Congress that describes--
                  ``(A) how the Department plans to fill the 
                data gaps identified under paragraph (2)(A);
                  ``(B) how the Department plans to stop 
                collecting data identified under paragraph 
                (2)(C);
                  ``(C) how the Department plans to implement 
                improved data collection methods and other 
                changes identified under paragraph (2)(D);
                  ``(D) the expected costs of implementing 
                subparagraphs (A), (B), and (C) of this 
                paragraph;
                  ``(E) any findings of the Assessment under 
                paragraph (1) with which the Secretary 
                disagrees, and why; and
                  ``(F) any proposed statutory changes needed 
                to implement the findings of the Assessment 
                under paragraph (1).
  ``(e) Intermodal Transportation Data Base.--
          ``(1) In general.--In consultation with the Under 
        Secretary for Policy, the Assistant Secretaries, and 
        the heads of the operating administrations of the 
        Department of Transportation, the Director shall 
        establish and maintain a transportation data base for 
        all modes of transportation.
          ``(2) Use.--The data base shall be suitable for 
        analyses carried out by the Federal Government, the 
        States, and metropolitan planning organizations.
          ``(3) Contents.--The data base shall include--
                  ``(A) information on the volumes and patterns 
                of movement of goods, including local, 
                interregional, and international movement, by 
                all modes of transportation and intermodal 
                combinations, and by relevant classification;
                  ``(B) information on the volumes and patterns 
                of movement of people, including local, 
                interregional, and international movements, by 
                all modes of transportation (including bicycle 
                and pedestrian modes) and intermodal 
                combinations, and by relevant classification;
                  ``(C) information on the location and 
                connectivity of transportation facilities and 
                services; and
                  ``(D) a national accounting of expenditures 
                and capital stocks on each mode of 
                transportation and intermodal combination.
  ``(f) National Transportation Library.--
          ``(1) In general.--The Director shall establish and 
        maintain a National Transportation Library, which shall 
        contain a collection of statistical and other 
        information needed for transportation decisionmaking at 
        the Federal, State, and local levels.
          ``(2) Access.--The Director shall facilitate and 
        promote access to the Library, with the goal of 
        improving the ability of the transportation community 
        to share information and the ability of the Director to 
        make statistics readily accessible under subsection 
        (c)(8).
          ``(3) Coordination.--The Director shall work with 
        other transportation libraries and other transportation 
        information providers, both public and private, to 
        achieve the goal specified in paragraph (2).
  ``(g) National Transportation Atlas Data Base.--
          ``(1) In general.--The Director shall develop and 
        maintain geospatial data bases that depict--
                  ``(A) transportation networks;
                  ``(B) flows of people, goods, vehicles, and 
                craft over the networks; and
                  ``(C) social, economic, and environmental 
                conditions that affect or are affected by the 
                networks.
          ``(2) Intermodal network analysis.--The data bases 
        shall be able to support intermodal network analysis.
  ``(h) Mandatory Response Authority for Freight Data 
Collection.--Whoever, being the owner, official, agent, person 
in charge, or assistant to the person in charge of any 
corporation, company, business, institution, establishment, or 
organization of any nature whatsoever, neglects or refuses, 
when requested by the Director or other authorized officer, 
employee, or contractor of the Bureau, to answer completely and 
correctly to the best of his or her knowledge all questions 
relating to the corporation, company, business, institution, 
establishment, or other organization, or to make available 
records or statistics in his or her official custody, contained 
in a data collection request prepared and submitted under the 
authority of subsection (c)(1), shall be fined not more than 
$500; but if he or she willfully gives a false answer to such a 
question, he or she shall be fined not more than $10,000.
  ``(i) Research and Development Grants.--The Secretary may 
make grants to, or enter into cooperative agreements or 
contracts with, public and nonprofit private entities 
(including State transportation departments, metropolitan 
planning organizations, and institutions of higher education) 
for--
          ``(1) investigation of the subjects specified in 
        subsection (c)(5) and research and development of new 
        methods of data collection, standardization, 
        management, integration, dissemination, interpretation, 
        and analysis;
          ``(2) demonstration programs by States, local 
        governments, and metropolitan planning organizations to 
        harmonize data collection, reporting, management, 
        storage, and archiving to simplify data comparisons 
        across jurisdictions;
          ``(3) development of electronic clearinghouses of 
        transportation data and related information, as part of 
        the National Transportation Library under subsection 
        (f); and
          ``(4) development and improvement of methods for 
        sharing geographic data, in support of the national 
        transportation atlas data base under subsection (g) and 
        the National Spatial Data Infrastructure developed 
        under Executive Order No. 12906.
  ``(j) Limitations on Statutory Construction.--Nothing in this 
section shall be construed--
          ``(1) to authorize the Bureau to require any other 
        department or agency to collect data; or
          ``(2) to reduce the authority of any other officer of 
        the Department of Transportation to collect and 
        disseminate data independently.
  ``(k) Prohibition on Certain Disclosures.--
          ``(1) In general.--An officer, employee or contractor 
        of the Bureau may not--
                  ``(A) make any disclosure in which the data 
                provided by an individual or organization under 
                subsection (c) can be identified;
                  ``(B) use the information provided under 
                subsection (c) for a nonstatistical purpose; or
                  ``(C) permit anyone other than an individual 
                authorized by the Director to examine any 
                individual report provided under subsection 
                (c).
          ``(2) Copies of reports.--
                  ``(A) In general.--No department, bureau, 
                agency, officer, or employee of the United 
                States (except the Director in carrying out 
                this section) may require, for any reason, a 
                copy of any report that has been filed under 
                subsection (c) with the Bureau or retained by 
                an individual respondent.
                  ``(B) Limitation on judicial proceedings.--A 
                copy of a report described in subparagraph (A) 
                that has been retained by an individual 
                respondent or filed with the Bureau or any of 
                its employees, contractors, or agents--
                          ``(i) shall be immune from legal 
                        process; and
                          ``(ii) shall not, without the consent 
                        of the individual concerned, be 
                        admitted as evidence or used for any 
                        purpose in any action, suit, or other 
                        judicial or administrative proceeding.
                  ``(C) Applicability.--This paragraph shall 
                apply only to reports that permit information 
                concerning an individual or organization to be 
                reasonably determined by direct or indirect 
                means.
          ``(3) Informing respondent of use of data.--In a case 
        in which the Bureau is authorized by statute to collect 
        data or information for a nonstatistical purpose, the 
        Director shall clearly distinguish the collection of 
        the data or information, by rule and on the collection 
        instrument, so as to inform a respondent that is 
        requested or required to supply the data or information 
        of the nonstatistical purpose.
  ``(l) Transportation Statistics Annual Report.--The Director 
shall transmit to the President and Congress a Transportation 
Statistics Annual Report which shall include information on 
items referred to in subsection (c)(5), documentation of 
methods used to obtain and ensure the quality of the statistics 
presented in the report, and recommendations for improving 
transportation statistical information.
  ``(m) Data Access.--The Director shall have access to 
transportation and transportation-related information in the 
possession of any Federal agency except information--
          ``(1) the disclosure of which to another Federal 
        agency is expressly prohibited by law; or
          ``(2) the disclosure of which the agency so requested 
        determines would significantly impair the discharge of 
        authorities and responsibilities which have been 
        delegated to, or vested by law, in such agency.
  ``(n) Proceeds of Data Product Sales.--Notwithstanding 
section 3302 of title 31, 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.
  ``(o) Advisory Council on Transportation Statistics.--
          ``(1) Establishment.--The Director of the Bureau of 
        Transportation Statistics shall establish an Advisory 
        Council on Transportation Statistics.
          ``(2) Function.--It shall be the function of the 
        Advisory Council established under this subsection to--
                  ``(A) advise the Director of the Bureau of 
                Transportation Statistics on the quality, 
                reliability, consistency, objectivity, and 
                relevance of transportation statistics and 
                analyses collected, supported, or disseminated 
                by the Bureau of Transportation Statistics and 
                the Department of Transportation;
                  ``(B) provide input to and review the report 
                to Congress under subsection (d)(4); and
                  ``(C) advise the Director on methods to 
                encourage harmonization and interoperability of 
                transportation data collected by the Bureau, 
                the operating administrations of the Department 
                of Transportation, States, local governments, 
                metropolitan planning organizations, and 
                private sector entities.
          ``(3) Membership.--The Advisory Council established 
        under this subsection shall be composed of not fewer 
        than 9 and not more than 11 members appointed by the 
        Director, who are not officers or employees of the 
        United States. Each member shall have expertise in 
        transportation data collection or analysis or 
        application; except that 1 member shall have expertise 
        in economics, 1 member shall have expertise in 
        statistics, and 1 member shall have experience in 
        transportation safety. At least 1 member shall be a 
        senior official of a State department of 
        transportation. Members shall include representation of 
        a cross-section of transportation community 
        stakeholders.
          ``(4) Terms of appointment.--(A) Except as provided 
        in subparagraph (B), members shall be appointed to 
        staggered terms not to exceed 3 years. A member may be 
        renominated for one additional 3-year term.
          ``(B) Members serving on the Advisory Council on 
        Transportation Statistics as of the date of enactment 
        of the Transportation Equity Act: A Legacy for Users 
        shall serve until the end of their appointed terms.
          ``(5) Applicability of federal advisory committee 
        act.--The Federal Advisory Committee Act shall apply to 
        the Advisory Council established under this subsection, 
        except that section 14 of such Act shall not apply to 
        such Advisory Council.''.
  Title V, strike section 5603(h)of the bill and insert the 
following:
  (h) Advisory Committee.--
          (1) In general.--The Secretary shall establish an 
        Advisory Committee to advise the Secretary on carrying 
        out this subtitle.
          (2) Membership.--The Advisory Committee shall have no 
        more than 20 members, be balanced between metropolitan 
        and rural interests, and include, at a minimum--
                  (A) a representative from a State highway 
                department;
                  (B) a representative from a local highway 
                department who is not from a metropolitan 
                planning organization;
                  (C) a representative from a State, local, or 
                regional transit agency;
                  (D) a representative from a metropolitan 
                planning organization;
                  (E) a private sector user of intelligent 
                transportation system technologies;
                  (F) an academic researcher with expertise in 
                computer science or another information science 
                field related to intelligent transportation 
                systems, and who is not an expert on 
                transportation issues;
                  (G) an academic researcher who is a civil 
                engineer;
                  (H) an academic researcher who is a social 
                scientist with expertise in transportation 
                issues;
                  (I) a representative from a not-for-profit 
                group representing the intelligent 
                transportation system industry;
                  (J) a representative from a public interest 
                group concerned with safety;
                  (K) a representative from a public interest 
                group concerned with the impact of the 
                transportation system on land use and 
                residential patterns; and
                  (L) members with expertise in planning, 
                safety, and operations.
          (3) Duties.--The Advisory Committee shall, at a 
        minimum, perform the following duties:
                  (A) Provide input into the development of the 
                Intelligent Transportation System aspects of 
                the strategic plan under section 508 of title 
                23, United States Code.
                  (B) Review, at least annually, areas of 
                intelligent transportation systems research 
                being considered for funding by the Department, 
                to determine--
                          (i) whether these activities are 
                        likely to advance either the state-of-
                        the-practice or state-of-the-art in 
                        intelligent transportation systems;
                          (ii) whether the intelligent 
                        transportation system technologies are 
                        likely to be deployed by users, and, if 
                        not, to determine the barriers to 
                        deployment; and
                          (iii) the appropriate roles for 
                        government and the private sector in 
                        investing in the research and 
                        technologies being considered.
          (4) Report.--Not later than February 1 of each year 
        after the date of enactment of this Act, the Secretary 
        shall transmit to the Congress, a report including--
                  (A) all recommendations made by the Advisory 
                Committee during the preceding calendar year;
                  (B) an explanation of how the Secretary has 
                implemented those recommendations; and
                  (C) for recommendations not implemented, the 
                reasons for rejecting the recommendations.
          (5) Applicability of federal advisory committee 
        act.--The Advisory Committee shall be subject to the 
        Federal Advisory Committee Act (5 U.S.C. App.).
  Title V, section 5605(b), insert after paragraph (1) the 
following (and redesignate subsequent paragraphs accordingly):
          (2) utilize interdisciplinary approaches to develop 
        traffic management strategies and tools to address 
        multiple impacts of congestion concurrently;
  Title V, redesignate sections 5607 through 5609 as sections 
5608 through 5610 (and conform the table of contents of the 
bill accordingly).
  Title V, after section 5606, insert the following:

SEC. 5607. ROAD WEATHER RESEARCH AND DEVELOPMENT PROGRAM.

  (a) Establishment.--The Secretary shall establish a road 
weather research and development program to--
          (1) maximize use of available road weather 
        information and technologies;
          (2) expand road weather research and development 
        efforts to enhance roadway safety, capacity, and 
        efficiency while minimizing environmental impacts; and
          (3) promote technology transfer of effective road 
        weather scientific and technological advances.
  (b) Stakeholder Input.--In carrying out this section, the 
Secretary shall consult with the National Oceanic and 
Atmospheric Administration, the National Science Foundation, 
the American Association of State Highway and Transportation 
Officials, nonprofit organizations, and the private sector.
  (c) Contents.-- The program established under this section 
shall solely carry out research and development called for in 
the National Research Council's report entitled ``A Research 
Agenda for Improving Road Weather Services''. Such research and 
development includes--
          (1) integrating existing observational networks and 
        data management systems for road weather applications;
          (2) improving weather modeling capabilities and 
        forecast tools, such as the road surface and 
        atmospheric interface;
          (3) enhancing mechanisms for communicating road 
        weather information to users, such as transportation 
        officials and the public; and
          (4) integrating road weather technologies into an 
        information infrastructure.
  (d) Activities.-- In carrying out this section, the Secretary 
shall--
          (1) enable efficient technology transfer;
          (2) improve education and training of road weather 
        information users, such as State and local 
        transportation officials and private sector 
        transportation contractors; and
          (3) coordinate with transportation weather research 
        programs in other modes, such as aviation.
  (e) Funding.----
          (1) In general.--In awarding funds under this 
        section, the Secretary shall give preference to 
        applications with significant matching funds from non-
        Federal sources.
          (2) Funds for road weather research and 
        development.--Of the amounts made available by section 
        5101(a)(5), $4,000,000 shall be available to carry out 
        this section for each of fiscal years 2004 through 
        2009.
  Title V, redesignate section 5609 as section 5610.
  Title V, after section 5608, insert the following:

SEC. 5609. CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE.

  (a) Establishment.--The Secretary shall establish 3 centers 
for surface transportation excellence.
  (b) Goals.--The goals of the centers for surface 
transportation excellence are to promote and support strategic 
national surface transportation programs and activities 
relating to the work of State departments of transportation in 
the areas of environment, rural safety, and project finance.
  (c) Role of Centers.--To achieve the goals set forth in 
subsection (b), the Secretary shall establish the 3 centers as 
follows:
          (1) Environmental excellence.--To provide technical 
        assistance, information sharing of best practices, and 
        training in the use of tools and decision-making 
        processes that can assist States in planning and 
        delivering environmentally sound surface transportation 
        projects.
          (2) Rural safety.--To provide research, training, and 
        outreach on innovative uses of technology to enhance 
        rural safety and economic development, assess local 
        community needs to improve access to mobile emergency 
        treatment, and develop online and seminar training 
        needs of rural transportation practitioners and policy-
        makers.
          (3) Project finance.--To provide support to State 
        transportation departments in the development of 
        finance plans and project oversight tools and to 
        develop and offer training in state of the art 
        financing methods to advance projects and leverage 
        funds.
  (d) Authorization of Appropriations.--
          (1) In general.--Of the amounts made available under 
        section 5101(a)(1), the Secretary shall make available 
        $2,000,000 for each of fiscal years 2004 through 2009 
        to carry out this section.
          (2) Allocation of funds.--Of the funds made available 
        under paragraph (1) the Secretary shall use such 
        amounts as follows:
                  (A) 40 percent to establish the Center for 
                Environmental Excellence.
                  (B) 30 percent to establish the Center for 
                Excellence in Rural Safety.
                  (C) 30 percent to establish the Center for 
                Excellence in Project Finance.
          (3) Applicability of title 23.--Funds authorized by 
        this section shall be available for obligation in the 
        same manner as if such funds were apportioned under 
        chapter 1 of title 23, United States Code, except that 
        the Federal share shall be 100 percent.
  (e) Program Administration.--
          (1) Competition.--A party entering into a contract, 
        cooperative agreement, or other transaction with the 
        Secretary, or receiving a grant to perform research or 
        provide technical assistance under this section shall 
        be selected on a competitive basis, to the maximum 
        extent practicable.
          (2) Strategic plan.--The Secretary shall require each 
        center to develop a multiyear strategic plan that 
        describes--
                  (A) the activities to be undertaken; and
                  (B) how the work of the center is coordinated 
                with the activities of the Federal Highway 
                Administration and the various other research, 
                development, and technology transfer activities 
                authorized by this title. Such plans shall be 
                submitted to the Secretary by January 1, 2005 
                and each year thereafter.
  In subsection (d) as proposed to be inserted in section 5213 
of title 49, United States Code, by section 6001(a) of the bill 
(page 769), insert at the end the following:
          ``(4) Reservation of rights.--The right to alter, 
        amend or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  In subsection (c) as proposed to be inserted in section 5214 
of title 49, United States Code, by section 6001(a) of the bill 
(page 790), strike ``The consent'' and insert the following:
          ``(1) In general.--The consent
  In such subsection (c), insert at the end the following:
          ``(4) Reservation of rights.--The right to alter, 
        amend or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  Page 772, lines 23 and 24, strike ``no less frequently than 
every 4 years'' and insert ``periodically, according to a 
schedule that the Secretary determines to be appropriate''.
  Page 773, at the end of line 2, insert the following:
        The metropolitan planning organization shall prepare 
        and update such plan every 4 years (or more frequently, 
        if the metropolitan planning organization elects to 
        update more frequently) in the case of each of the 
        following:
                  ``(A) any area designated as nonattainment, 
                as defined in section 107(d) of the Clean Air 
                Act (42 U.S.C. 7407(d)); and
                  ``(B) any area that was nonattainment and 
                subsequently designated to attainment in 
                accordance with section 107(d)(3) of that Act 
                (42 U.S.C. 7407(d)(3)) and that is subject to a 
                maintenance plan under section 175A of that Act 
                (42 U.S.C. 7505a).
        In the case of any other area required to have a 
        transportation plan in accordance with the requirements 
        of this subsection, the metropolitan planning 
        organization shall prepare and update such plan every 4 
        years unless the metropolitan planning organization 
        elects to update more frequently.
  Page 788, at the end of line 25, insert the following: ``Such 
program shall cover a period of 4 years and be updated every 4 
years or more frequently if the Governor elects to update more 
frequently.
  Page 802, before line 16, insert the following:
  (c) Regulations.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall promulgate 
regulations that are consistent with the amendments made by 
this section relating to the Clean Air Act.
  In section 6002, strike subsection (c) (page 818) and insert 
the following:
  (c) Existing Environmental Review Processes.--Nothing in this 
section shall be deemed to affect any existing environmental 
review process approved by the Secretary.
  In section 7003 (pages 825 and 826), insert after paragraph 
(1) the following (and redesignate subsequent paragraphs of 
such section accordingly):
          (2) in paragraph (8) by striking ``national response 
        team'' each place it appears and inserting ``National 
        Response Team'';
  In section 7019, strike subsection (b) on page 847 and insert 
the following:
  (b) Eminent Hazards.--Section 5122(b)(1)(B) is amended by 
striking ``or ameliorate the'' and inserting ``or mitigate 
the''.
  In section 7020(c) (page 848), strike ``is amended'' and all 
that follows through ``(2) by adding'' and insert ``is amended 
by adding''.
  Page 855, strike line 16 and all the follows through line 7 
on page 856 and insert the following:

SEC. 8101. DISCRETIONARY SPENDING LIMITS FOR THE HIGHWAY AND MASS 
                    TRANSIT CATEGORIES.

  (a) Limits.--(1) Section 251(c)(1) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended--
          (A) in subparagraph (A), by striking 
        ``$31,834,000,000'' and inserting ``$28,052,000,000''; 
        and
          (B) in subparagraph (B), by striking 
        ``$1,462,000,000'' and inserting ``$1,436,000,000'' and 
        by striking ``$6,629,000,000'' and inserting 
        ``$6,271,000,000''.
  (2) Section 251(c)(2) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 is amended by inserting a dash 
after ``2005'', by redesignating the remaining portion of such 
paragraph as subparagraph (C) and by moving it two ems to the 
right, and by inserting after the dash the following new 
subparagraphs:
                  ``(A) for the highway category: 
                $30,585,000,000 in outlays;
                  ``(B) for the mass transit category: 
                $1,554,000,000 in new budget authority and 
                $6,787,000,000 in outlays; and''.
  (3) Section 251(c)(3) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 is amended by inserting a dash 
after ``2006'', by redesignating the remaining portion of such 
paragraph as subparagraph (C) and by moving it two ems to the 
right, and by inserting after the dash the following new 
subparagraphs:
                  ``(A) for the highway category: 
                $33,271,000,000 in outlays;
                  ``(B) for the mass transit category: 
                $1,671,000,000 in new budget authority and 
                $7,585,000,000 in outlays; and''.
  (4) Section 251(c) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 is amended by redesignating 
paragraphs (4) through (9) as paragraphs (7) through (12) and 
inserting after paragraph (3) the following new paragraphs:
          ``(4) with respect to fiscal year 2007--
                  ``(A) for the highway category: 
                $35,248,000,000 in outlays; and
                  ``(B) for the mass transit category: 
                $1,785,000,000 in new budget authority and 
                $8,110,000,000 in outlays;
          ``(5) with respect to fiscal year 2008--
                  ``(A) for the highway category: 
                $36,587,000,000 in outlays; and
                  ``(B) for the mass transit category: 
                $1,890,000,000 in new budget authority and 
                $8,517,000,000 in outlays; and
          ``(6) with respect to fiscal year 2009--
                  ``(A) for the highway category: 
                $37,682,000,000 in outlays; and
                  ``(B) for the mass transit category: 
                $2,017,000,000 in new budget authority and 
                $8,968,000,000 in outlays;''.
  (b) Definitions.--Section 250(c)(4) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 is amended--
          (1) in subparagraph (B), by--
                  (A) striking ``the Transportation Equity Act 
                for the 21st Century and the Surface 
                Transportation Extension Act of 2003'' and 
                inserting ``the Transportation Equity Act: A 
                Legacy for Users''; and
                  (B) inserting before the period at the end 
                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) in subparagraph (C), by--
                  (A) inserting ``(and successor accounts)'' 
                after ``budget accounts''; and
                  (B) striking ``the Transportation Equity Act 
                for the 21st Century and the Surface 
                Transportation Extension Act of 2003 or for 
                which appropriations are provided pursuant to 
                authorizations contained in those Acts (except 
                that appropriations provided pursuant to 
                section 5338(h) of title 49, United States 
                Code, as amended by the Transportation Equity 
                Act for the 21st Century, shall not be included 
                in this category)'' and inserting ``the 
                Transportation Equity Act: A Legacy for Users 
                or for which appropriations are provided 
                pursuant to authorizations contained in that 
                Act''; and
          (3) in subparagraph (D)(ii), by striking ``section 
        8103 of the Transportation Equity Act for the 21st 
        Century'' and inserting ``section 8103 of the 
        Transportation Equity Act: A Legacy for Users''.

SEC. 8102. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING WITH REVENUES.

  Subparagraphs (B) through (E) of section 251(b)(1) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 are 
amended to read as follows:
                  ``(B) Adjustment to align highway spending 
                with revenues.--(i) When the President submits 
                the budget under section 1105 of title 31, 
                United States Code, OMB shall calculate and the 
                budget shall make adjustments to the highway 
                category for the budget year and each outyear 
                as provided in clause (ii)(I)(cc).
                  ``(ii)(I)(aa) OMB shall take the actual level 
                of highway receipts for the year before the 
                current year and subtract the sum of the 
                estimated level of highway receipts in 
                subclause (II) plus any amount previously 
                calculated under item (bb) for that year.
                  (bb) OMB shall take the current estimate of 
                highway receipts for the current year and 
                subtract the estimated level of receipts for 
                that year.
                  ``(cc) OMB shall add one-half of the sum of 
                the amount calculated under items (aa) and (bb) 
                to the obligation limitations set forth in the 
                section 8103 of the Transportation Equity Act: 
                A Legacy for Users and, using current 
                estimates, calculate the outlay change 
                resulting from the change in obligations for 
                the budget year and the first outyear and the 
                outlays flowing therefrom through subsequent 
                fiscal years. After making the calculations 
                under the preceding sentence, OMB shall adjust 
                the amount of obligations set forth in that 
                section for the budget year and the first 
                outyear by adding one-half of the sum of the 
                amount calculated under items (aa) and (bb) to 
                each such year.
                  ``(II) The estimated level of highway 
                receipts for the purposes of this clause are--
                          ``(aa) for fiscal year 2004, 
                        $30,572,000,000;
                          ``(bb) for fiscal year 2005, 
                        $34,260,000,000;
                          ``(cc) for fiscal year 2006, 
                        $35,586,000,000;
                          ``(dd) for fiscal year 2007, 
                        $36,570,000,000;
                          ``(ee) for fiscal year 2008, 
                        $37,603,000,000; and
                          ``(ff) for fiscal year 2009, 
                        $38,651,000,000.
                  ``(III) In this clause, the term `highway 
                receipts' means the governmental receipts 
                credited to the highway account of the Highway 
                Trust Fund.
          ``(C) In addition to the adjustment required by 
        subparagraph (B), when the President submits the budget 
        under section 1105 of title 31, United States Code, for 
        fiscal year 2006, 2007, 2008, or 2009, 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 (D), as adjusted, using current 
                technical assumptions; minus
                  ``(ii) the outlays for the applicable 
                category set forth in the subparagraph (D) 
                estimates, as adjusted.
          ``(D)(i) When OMB and CBO submit their final 
        sequester report for fiscal year 2004, that report 
        shall include an estimate of the outlays for each of 
        the categories that would result in fiscal years 2005 
        through 2009 from obligations at the levels specified 
        in section 8103 of the Transportation Equity Act: A 
        Legacy for Users using current assumptions.
          ``(ii) When the President submits the budget under 
        section 1105 of title 31, United States Code, for 
        fiscal year 2006, 2007, 2008, or 2009, OMB shall adjust 
        the estimates made in clause (i) by the adjustments by 
        subparagraphs (B) and (C).
          ``(E) OMB shall consult with the Committees on the 
        Budget and include a report on adjustments under 
        subparagraphs (B) and (C) in the preview report.''.

SEC. 8103. 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 level of obligation limitations for the highway category 
is--
          (1) for fiscal year 2004, $34,309,000,000;
          (2) for fiscal year 2005, $35,671,000,000;
          (3) for fiscal year 2006, $36,719,000,000;
          (4) for fiscal year 2007, $37,800,000,000;
          (5) for fiscal year 2008, $38,913,000,000; and
          (6) for fiscal year 2009, $40,061,000,000.
  (b) Mass Transit Category.--For the purposes of section 
251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, the level of obligation limitations for the mass 
transit category is--
          (1) for fiscal year 2004, $7,266,000,000;
          (2) for fiscal year 2005, $7,750,000,000;
          (3) for fiscal year 2006, $8,266,000,000;
          (4) for fiscal year 2007, $8,816,000,000;
          (5) for fiscal year 2008, $9,403,000,000; and
          (6) for fiscal year 2009, $10,029,000,000.
For purposes of this subsection, the term ``obligation 
limitations'' means the sum of budget authority and obligation 
limitations.

SEC. 8104. ENFORCEMENT OF GUARANTEE.

  Clause 3 of rule XXI of the Rules of the House of 
Representatives is amended--
          (1) by striking ``Transportation Equity Act for the 
        21st Century'' and inserting ``Transportation Equity 
        Act: A Legacy for Users''; and
          (2) by adding at the end the following: ``For 
        purposes of this clause, any obligation limitation 
        relating to surface transportation projects under 
        section 1602 of the Transportation Equity Act for the 
        21st Century and section 1702 of the Transportation 
        Equity Act: A Legacy for Users shall be assumed to be 
        administered on the basis of sound program management 
        practices that are consistent with past practices of 
        the administering agency permitting States to decide 
        High Priority Project funding priorities within State 
        program allocations.''.
  At the end of the bill, insert the following (and conform the 
table of contents of the bill accordingly):

                       TITLE IX--RAIL PROVISIONS

SEC. 9001. HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.

  (a) Corridor Development.--
          (1) Amendments.--Section 26101 of title 49, United 
        States Code, is amended--
                  (A) in the section heading, by striking 
                ``PLANNING'' and inserting ``DEVELOPMENT'';
                  (B) in the heading of subsection (a), by 
                striking ``Planning'' and inserting 
                ``Development'';
                  (C) by striking ``corridor planning'' each 
                place it appears and inserting ``corridor 
                development'';
                  (D) in subsection (b)(1)--
                          (i) by inserting ``, or if it is an 
                        activity described in subparagraph 
                        (M)'' after ``high-speed rail 
                        improvements'';
                          (ii) by striking ``and'' at the end 
                        of subparagraph (K);
                          (iii) by striking the period at the 
                        end of subparagraph (L) and inserting 
                        ``; and''; and
                          (iv) by adding at the end the 
                        following new subparagraph:
          ``(M) the acquisition of locomotives, rolling stock, 
        track, and signal equipment.''; and
                  (E) in subsection (c)(2), by striking 
                ``planning'' and inserting ``development''.
          (2) Conforming amendment.--The item relating to 
        section 26101 in the table of sections of chapter 261 
        of title 49, United States Code, is amended by striking 
        ``planning'' and inserting ``development''.
  (b) Authorization of Appropriations.--Section 26104 of title 
49, United States Code, is amended to read as follows:

``Sec. 26104. Authorization of appropriations

  ``(a) Fiscal Years 2005 Through 2012.--There are authorized 
to be appropriated to the Secretary--
          ``(1) $70,000,000 for carrying out section 26101; and
          ``(2) $30,000,000 for carrying out section 26102, for 
        each of the fiscal years 2005 through 2012.
  ``(b) Funds to Remain Available.--Funds made available under 
this section shall remain available until expended.''.

SEC. 9002. ALASKA RAILROAD.

  (a) Grants.--The Secretary shall make grants to the Alaska 
railroad for capital rehabilitation and improvements benefiting 
its passenger operations.
  (b) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section such sums as may be 
necessary.
                              ----------                              


 2. An Amendment To Be Offered by Representative Eddie Bernice Johnson 
          of Texas, or Her Designee, Debatable for 10 minutes

  In title I, section 1103 of the bill--
          (1) redesignate subsections (c) and (b) as 
        subsections (d) and (e), respectively; and
          (2) insert after subsection (b) the folowing:
  (c) Report.--Section 104(j) of title 23, United States Code, 
is amended by striking ``submit to Congress a report'' and 
inserting ``transmit to Congress a report, and also make such 
report available to the public in a user-friendly format via 
the Internet,''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Flake of Arizona, or 
                 His Designee, Debatable for 10 minutes

  At the end of section 1103, add the following:
  (e) Subtraction of Earmarks From Surface Transportation 
Program Funding.--
          (1) In general.--Section 104(b)(3) of title 23, 
        United States Code, is amended--
                  (A) in subparagraph (B) by striking 
                ``subparagraph (A)'' and inserting 
                ``subparagraphs (A) and (C)''; and
                  (B) by adding at the end the following:
                  ``(C) Subtraction of earmarks.----
                          ``(i) In general.--Amounts to be 
                        apportioned to a State under 
                        subparagraph (A) for each of fiscal 
                        years 2004 through 2009 shall be 
                        reduced by the aggregate amount made 
                        available to the State (and recipients 
                        in the State) out of the Highway Trust 
                        Fund for that fiscal year for projects 
                        described in sections 1702, 3037, and 
                        3038 of the Transportation Equity Act: 
                        A Legacy for Users.
                          ``(ii) Effect on minimum guarantee.--
                        In determining a State's percentage 
                        return from the Highway Trust Fund 
                        (other than the Mass Transit Account) 
                        for purposes of section 105 for a 
                        fiscal year, the Secretary shall treat 
                        amounts subtracted under clause (i) for 
                        that fiscal year as amounts apportioned 
                        to the State for the surface 
                        transportation program for that fiscal 
                        year.
                          ``(iii) Reapportionment.--Amounts 
                        subtracted from a State for a fiscal 
                        year under this subparagraph shall be 
                        reapportioned among the States under 
                        the formula in subparagraph (A).''.
                              ----------                              


 4. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 minutes

  After section 1105 of the bill, insert the following (and 
redesignate subsequent sections of the bill, and conform the 
table of contents of the bill, accordingly):

SEC. 1106. FEDERAL SHARE PAYABLE.

  Section 120(j)(1) of title 23, United States Code, is amended 
by striking the last sentence and inserting the following: ``If 
such public, quasi-public, or private agency has built, 
improved, or maintained such facilities using Federal funds, 
the credit under this paragraph shall be reduced by a 
percentage equal to the percentage of the total cost of such 
activities that was derived from Federal funds. In the 
preceding sentence, the term `Federal funds' does not include 
loans of Federal funds or other financial assistance that must 
be repaid to the Government.''.
                              ----------                              


5. An Amendment To Be Offered by Representative Shadegg of Arizona, or 
                 His Designee, Debatable for 10 minutes

  At the end of subtitle A of title I, add the following (and 
conform the table of contents of the bill accordingly):

SEC. 1125. 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 
                particulate matter (in this paragraph referred 
                to as `PM-2.5 or PM-10')'' ;
                  (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;
                  (D) in clause (vii)--
                          (i) 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 or PM-10''; and
                          (ii) by striking the period at the 
                        end and inserting a semicolon; and
                  (E) 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; 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 as nonattainment under the 
                        PM-2.5 or PM-10 standard.'';
          (2) 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 (viii) of 
                subparagraph (B), shall be further multiplied 
                by a factor of 1.2.'';
          (3) by redesignating subparagraphs (D) and (E) as 
        subparagraphs (E) and (F), respectively; and
          (4) by inserting after subparagraph (C) the 
        following:
                  ``(D) Additional adjustment for pm-2.5 or pm-
                10 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 or PM-10 
                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.''

 6. An Amendment To Be Offered by Representative Schiff of California, 
               or His Designee, Debatable for 10 Minutes

  In the matter proposed to be inserted by section 1208 of the 
bill as section 167(b)(4) of title 23, United States Code, 
strike ``if the operators of such vehicles pay'' in 
subparagraph (B) and all that follows through the period at the 
end of subparagraph (C) and insert the following:
                if the 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.
                              ----------                              


7. An Amendment To Be Offered by Representative Vitter of Louisiana, or 
                 His Designee, Debatable for 10 Minutes

    At the end section 1301(b)(1), add the following:
    The Interstate Route 49 Corridor shall receive priority 
consideration under this paragraph.
                              ----------                              


8. An Amendment To Be Offered by Representative Graves of Missouri, or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle D of title I, add the following (and 
conform the table of contents accordingly):

SEC. 1408. RENTED OR LEASED MOTOR VEHICLES.

  (a) In General.--Subchapter I of chapter 301 of title 49, 
United States Code, is amended by adding at the end the 
following:

``Sec. 30106. Rented or leased motor vehicle safety and responsibility

  ``(a) In General.--Provided that there is no negligence or 
criminal wrongdoing on the part of the owner of a motor 
vehicle, no such owner engaged in the trade or business of 
renting or leasing motor vehicles may be held liable under 
State law for harm caused by a person to himself or herself, 
another person, or to property, which results or arises from 
that person's use, operation, or possession of a rented or 
leased motor vehicle, by reason of being the owner of such 
motor vehicle.
  ``(b) Construction.--Subsection (a) shall not apply if such 
owner does not maintain the required limits of financial 
responsibility for such vehicle, as required by State law in 
the State in which the vehicle is registered.
  ``(c) Applicability and Effective Date.--Notwithstanding any 
other provision of law, this section shall apply with respect 
to any action commenced on or after the date of enactment of 
this section without regard to whether the harm that is the 
subject of the action or the conduct that caused the harm 
occurred before such date of enactment.
  ``(d) Definitions.--In this section, the following 
definitions apply:
          ``(1) Motor vehicle.--The term `motor vehicle' shall 
        have the meaning given the term under section 13102(14) 
        of this title.
          ``(2) Owner.--The term `owner' means a person who 
        is--
                  ``(A) a record or beneficial owner, lessor, 
                or lessee of a motor vehicle;
                  ``(B) entitled to the use and possession of a 
                motor vehicle subject to a security interest in 
                another person; or
                  ``(C) a lessor, lessee, or bailee of a motor 
                vehicle, in the trade or business of renting or 
                leasing motor vehicles, having the use or 
                possession of such motor vehicle, under a 
                lease, bailment, or otherwise.
          ``(3) Person.--The term `person' means any 
        individual, corporation, company, limited liability 
        company, trust, association, firm, partnership, 
        society, joint stock company, or any other entity.
          ``(4) State.--The term `State' means each of the 
        several States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, the Northern Mariana Islands, any other 
        territory or possession of the United States, or any 
        political subdivision of any such State, commonwealth, 
        territory, or possession.''.
  (b) Clerical Amendment.--The analysis for such chapter is 
amended by inserting after the item relating to section 30105 
the following:

``30106. Rented or leased motor vehicle safety and responsibility.''.

                    ____________________________________________________

9. An Amendment To Be Offered by Representative Chocola of Indiana, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I, insert the following (and conform the 
table of contents accordingly):

SEC. 1819. ENGINE IDLING IN HEAVY-DUTY VEHICLES.

  (a) Verification.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall verify those idling reduction 
technologies with the potential for fuel savings and emissions 
reductions and publish a list of such technologies in the 
Federal Register.
  (b) Vehicle Weight Exemption.--Section 127 of title 23, 
United States Code, is amended by adding at the end the 
following:
  ``(i) Vehicle Weight Exemption Relating to Engine Idling in 
Heavy-Duty Vehicles.--
          ``(1) In general.--In order to promote reduction of 
        fuel use and emissions due to engine idling, the 
        maximum gross vehicle weight limit and the axle weight 
        limit under subsection (a) for any motor vehicle 
        equipped with an idling reduction technology verified 
        by the Environmental Protection Agency shall be 
        increased by the Secretary of Transportation by an 
        amount necessary to compensate for the additional 
        weight of the idling reduction system, except that the 
        weight increase shall be no greater than 400 pounds.
          ``(2) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) Idling reduction technology.--The term 
                `idling reduction technology' means a device or 
                system of devices utilized to reduce long-
                duration idling of a vehicle.
                  ``(B) Heavy-duty vehicle.--The term `heavy-
                duty vehicle' means a vehicle that has a gross 
                vehicle weight rating greater than 8,500 pounds 
                and is powered by a diesel engine.
                  ``(C) Long-duration idling.--The term `long-
                duration idling' means the operation of a main 
                drive engine, for a period greater than 15 
                consecutive minutes, where the main drive 
                engine is not engaged in gear. Such term does 
                not apply to routine stoppages associated with 
                traffic movement or congestion.''.
                              ----------                              


 10. An Amendment To Be Offered by Representative Baird of Washington, 
               or His Designee, Debatable for 10 Minutes

  Title I, at the end of subtitle H add the following:

SEC. 1819. SENSE OF CONGRESS.

  It is the sense of Congress that--
          (1) the Buy America test required by Public Law 97-
        424 needs to be applied to an entire bridge project and 
        not only to component parts of such project;
          (2) the law clearly states that domestic materials 
        must be used in Federal highway projects unless there 
        is a finding that the inclusion of domestic materials 
        will increase the cost of the overall project by more 
        than 25 percent;
          (3) uncertainty regarding how to apply Buy America 
        laws for major bridge projects threatens the domestic 
        bridge industry;
          (4) the Nation's unemployment rate continues to hover 
        around 5.6 percent, steps are needed to protect 
        American workers and the domestic bridge building 
        industry; and
          (5) the Buy America Act was designed to ensure that, 
        when taxpayer money is spent on direct Federal 
        Government procurement and infrastructure projects, 
        these expenditures stimulate United States production 
        and job creation.
                              ----------                              


11. An Amendment To Be Offered by Representative Holt of New Jersey, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I, insert the following (and conform the 
table of contents accordingly):

SEC. 1819. NEW JERSEY REGULATIONS.

  Nothing in Federal law or regulation shall be construed as 
preventing the State of New Jersey from prohibiting large 
single trucks or twin-trailer combinations from using highways 
on the Interstate System, the New Jersey Turnpike, and the 
Atlantic City Expressway in the State of New Jersey, unless 
such trucks or combinations are traveling to a terminal or 
making pickups or deliveries on other roads in the State of New 
Jersey.
                              ----------                              


12. An Amendment To Be Offered by Representative Waters of California, 
               or Her Designee, Debatable for 10 Minutes

    At the end of subtitle H of title I, add the following (and 
conform the table of contents of the bill accordingly):

SEC. 1819. LIMITATION ON PROJECTS AT LOS ANGELES INTERNATIONAL AIRPORT.

  No funds may be provided for surface transportation projects 
that are planned or required to implement Alternative D of the 
Master Plan for Los Angeles International Airport or any other 
proposal to build a remote passenger check-in facility at Los 
Angeles International Airport.
                              ----------                              


   13. An Amendment To Be Offered by Representative LoBiondo of New 
           Jersey, or His Designee, Debatable for 10 Minutes

  At the end of the matter proposed to be added by section 
2003(b)(6) of the bill, strike the closing quotation marks and 
the final period and insert the following:
                  ``(J) Program for impoundment of vehicles.--A 
                program to impound a vehicle operated by a 
                person who is arrested for operating the 
                vehicle while under the influence of 
                alcohol.''.
                              ----------                              


 14. An Amendment To Be Offered by Representative Wu of Oregon, or His 
                   Designee, Debatable for 10 Minutes

  In the matter proposed to be inserted as section 5309(e) of 
title 49, United States Code, by section 3010(d) of the bill 
after ``or entered into a full funding grant agreement'' insert 
the following:
or received an application for final design
                              ----------                              


15. An Amendment To Be Offered by Representative LaTourette of Ohio, or 
                 His Designee, Debatable for 10 Minutes

  In section 3023(g) of the bill, redesignate paragraphs (1) 
through (4) as paragraphs (2) through (5), respectively, and 
insert before paragraph (2) (as so redesignated) the following:
          (1) In general.--Section 5323(j) is amended by 
        striking paragraphs (1), (2), and (3) and inserting the 
        following:
          ``(1) In general.--Funds made available to carry out 
        this chapter may only be used if--
                  ``(A) in the case of a construction project--
                          ``(i) the steel or iron used shall be 
                        of United States origin;
                          ``(ii) more than 60 percent of the 
                        cost of the components and 
                        subcomponents, in the aggregate, of all 
                        manufactured products shall be of 
                        United States origin; and
                          ``(iii) labor costs related to on-
                        site construction shall not be included 
                        in calculating the costs under clause 
                        (ii);
                  ``(B) in the case of a system acquisition--
                          ``(i) more than 60 percent of the 
                        cost of the components and 
                        subcomponents, in the aggregate, of all 
                        manufactured products shall be of 
                        United States origin; and
                          ``(ii) labor costs related to 
                        installation and testing shall not be 
                        included in calculating the costs under 
                        clause (i);
                  ``(C) in the case of a manufactured product--
                          ``(i) more than 60 percent of the 
                        components and subcomponents shall be 
                        of United States origin;
                          ``(ii) final assembly shall occur in 
                        the United States; and
                          ``(iii) labor costs related to final 
                        assembly shall not be included in 
                        calculating the costs under clause 
                        (ii).
          ``(2) Regulations.--The Secretary shall issue 
        regulations to carry out this section.''.
  In section 3023(g)(2) (as so redesignated), strike ``is 
amended'' and all that follows through ``following:'' and 
insert ``is amended by inserting after paragraph (2) the 
following:''.
  In section 3023(g)(3) (as so redesignated), strike 
``5323(j)(6) (as so redesignated)'' and insert ``5323(j)(5)''.
  In section 3023(g)(4) (as so redesignated), redesignate the 
quoted paragraph (9) as paragraph (8).
                              ----------                              


 16. An Amendment To Be Offered by Representative Crowley of New York, 
               or His Designee, Debatable for 10 Minutes

  At the end of title III, add the following (and conform the 
table of contents accordingly):

SEC. 3045. AIRPORT BUS REPLACEMENT AND FLEET EXPANSION PILOT PROGRAMS.

  (a) Establishment.--The Secretary shall establish a pilot 
program for awarding grants on a competitive basis to eligible 
entities for facilitating the use of natural gas buses at 
public airports through airport bus replacement and fleet 
expansion programs under this section.
  (b) Requirements.--Not later than 3 months after the date of 
enactment of this Act, the Secretary shall establish and 
publish in the Federal Register grant requirements on 
eligibility for assistance, and on management, transfer, and 
ultimate disposition of buses, including certification 
requirements to ensure compliance with this section.
  (c) Solicitation.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall solicit proposals 
for grants under this section.
  (d) Eligible Recipients.--A grant shall be awarded under this 
section only to a public agency responsible for bus service at 
a public airport.
  (e) Types of Grants.--
          (1) In general.--Grants under this section may be for 
        the purposes described in paragraph (2), paragraph (3), 
        or both.
          (2) Replacement bus grants.--A grant under this 
        section may be used for the acquisition of replacement 
        buses pursuant to subsection (f).
          (3) Fleet expansion bus grants.--A grant under this 
        section may be used for the acquisition of not more 
        than 10 buses to expand a fleet of airport buses at any 
        single airport.
  (f) Replacement Bus Grants.--
          (1) Replacement.--For each bus acquired under a 
        replacement bus grant, 1 older model year bus shall be 
        retired from active service and crushed as provided in 
        paragraph (2).
          (2) Bus acquisition.--Buses acquired under a 
        replacement bus grant shall be acquired in the 
        following order:
                  (A) First, new buses will replace buses 
                manufactured before model year 1977, and the 
                older buses replaced shall be crushed.
                  (B) If all buses manufactured before model 
                year 1977 owned or operated by the grant 
                recipient have been replaced, additional new 
                buses will replace diesel-powered buses 
                manufactured before model year 1991, which 
                shall either--
                          (i) be crushed; or
                          (ii) be exchanged by the grant 
                        recipient for buses manufactured before 
                        model year 1977 from another bus fleet, 
                        with that bus then being crushed.
                Exchanges made under subparagraph (B)(ii) shall 
                be made without profit or other economic 
                benefit to the grant recipient.
          (3) Priority of grant applications.--The Secretary 
        shall give priority to awarding grants to applicants 
        emphasizing the replacement of buses manufactured 
        before model year 1977.
  (g) Conditions of Grant.--A grant provided under this section 
shall include the following conditions:
          (1) All buses acquired with funds provided under the 
        grant shall be operated as part of the airport bus 
        fleet for which the grant was made for a minimum of 5 
        years.
          (2) Funds provided under the grant may only be used--
                  (A) to pay the cost, except as provided in 
                paragraph (3), of new natural gas airport 
                buses, including State taxes and contract fees; 
                and
                  (B) to provide--
                          (i) up to 10 percent of the price of 
                        the natural gas buses acquired, for 
                        necessary natural gas infrastructure if 
                        the infrastructure will only be 
                        available to the grant recipient; and
                          (ii) up to 15 percent of the price of 
                        the natural gas buses acquired, for 
                        necessary natural gas infrastructure if 
                        the infrastructure will be available to 
                        the grant recipient and to other bus 
                        fleets.
          (3) The grant recipient shall be required to 
        provide--
                  (A) in the case of a replacement bus acquired 
                as described in subsection (f)(2)(A) to replace 
                a bus manufactured before model year 1977, 10 
                percent of the total cost of the bus, but not 
                more than $10,000;
                  (B) in the case of a replacement bus acquired 
                as described in subsection (f)(2)(B)(ii) to 
                replace a diesel-powered bus manufactured 
                before model year 1991 for exchange for a bus 
                manufactured before model year 1977, 10 percent 
                of the total cost of the bus, but not more than 
                $10,000; and
                  (C) in the case of a replacement bus acquired 
                as described in subsection (f)(2)(B)(i) to 
                replace a diesel-powered bus manufactured 
                before model year 1991, 25 percent of the total 
                cost of the bus, but not more than $25,000.
  (h) Buses.--Funding under a grant made under this section may 
be used to acquire only new airport buses--
          (1) with a gross vehicle weight of greater than 
        14,000 pounds;
          (2) that are powered by a heavy duty engine;
          (3) that emit not more than--
                  (A) for buses manufactured in model years 
                2001 and 2002, 2.5 grams per brake horsepower-
                hour of nonmethane hydrocarbons and oxides of 
                nitrogen and .01 grams per brake horsepower-
                hour of particulate matter; and
                  (B) for buses manufactured in model years 
                2003 through 2006, 1.8 grams per brake 
                horsepower-hour of nonmethane hydrocarbons and 
                oxides of nitrogen and .01 grams per brake 
                horsepower-hour of particulate matter; and
          (4) that are powered substantially by electricity 
        (including electricity supplied by a fuel cell), or by 
        liquefied natural gas, compressed natural gas, 
        liquefied petroleum gas, hydrogen, propane, or methanol 
        or ethanol at no less than 85 percent by volume.
  (i) Deployment and Distribution.--The Secretary shall seek to 
the maximum extent practicable to achieve nationwide deployment 
of natural gas airport buses through the program under this 
section, and shall ensure a broad geographic distribution of 
grant awards, with a goal of no State receiving more than 10 
percent of the grant funding made available under this section 
for a fiscal year.
  (j) Definitions.--In this section, the following definitions 
apply:
          (1) Airport bus.--The term ``airport bus'' means a 
        bus operated by a public agency to provide 
        transportation between the facilities of a public 
        airport.
          (2) Eligible entities.--The term ``eligible 
        entities'' means the owners and operators of the 25 
        public airports in the United States with the most 
        passenger boardings in the prior calendar year.
          (3) Public airport.--The term ``public airport'' has 
        the meaning such term has under section 47102 of title 
        49, United States Code.
  (k) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary for carrying out this 
section--
          (1) $40,000,000 for fiscal year 2004;
          (2) $50,000,000 for fiscal year 2005;
          (3) $60,000,000 for fiscal year 2006;
          (4) $70,000,000 for fiscal year 2007; and
          (5) $80,000,000 for each of fiscal years 2008 and 
        2009.
                              ----------                              


17. An Amendment To Be Offered by Representative Bachus of Alabama, or 
                 His Designee, Debatable for 10 Minutes

  After section 4131, insert the following (and redesignate the 
subsequent section of subtitle A of title IV, and conform the 
table of contents, accordingly):

SEC. 4132. HOURS OF SERVICE RULES FOR OPERATORS PROVIDING 
                    TRANSPORTATION TO MOVIE PRODUCTION SITES.

  Notwithstanding sections 31136 and 31502 of title 49, United 
States Code, and any other provision of law, the maximum daily 
hours of service for an operator of a commercial motor vehicle 
providing transportation of property or passengers to or from a 
theatrical or television motion picture production site located 
within a 100 air mile radius of the work reporting location of 
such operator shall be those in effect under the regulations in 
effect under such sections on April 27, 2003.
                              ----------                              


18. An Amendment To Be Offered by Representative Bereuter of Nebraska, 
               or His Designee, Debatable for 10 Minutes

  At the end of title IV, add the following (and conform the 
table of contents accordingly):

SEC. 4133. OPERATORS OF VEHICLES TRANSPORTING AGRICULTURAL COMMODITIES 
                    AND FARM SUPPLIES.

  (a) Agricultural Exemption.--Sec. 345(a)(1) of the National 
Highway System Designation Act of 1995 (49 U.S.C. 31136 note; 
109 Stat. 613) is amended to read as follows:
          ``(1) Transportation of agricultural commodities and 
        farm supplies.--Regulations prescribed by the Secretary 
        under sections 31136 and 31502 of title 49, United 
        States Code, regarding maximum driving and on-duty time 
        for drivers used by motor carriers shall not apply to 
        drivers transporting agricultural commodities or farm 
        supplies for agricultural purposes in a State if such 
        transportation is limited to an area within a 100 air 
        mile radius from the source of the commodities or the 
        distribution point for the farm supplies.''.
  (b) Definitions.--Section 345(e) of such Act of 1995 (109 
Stat. 614) is amended by adding at the end the following:
          ``(7) Agricultural commodity.--The term `agricultural 
        commodity' means products grown on and harvested from 
        the land during the planting and harvesting seasons 
        within each State, as determined by the State.
          ``(8) Farm supplies for agricultural purposes.--The 
        term `farm supplies for agricultural purposes' means 
        products directly related to the growing or harvesting 
        of agricultural commodities during the planting and 
        harvesting seasons within each State, as determined by 
        the State, and livestock feed at any time of the 
        year.''.
                              ----------                              


19. An Amendment To Be Offered by Representative Ehlers of Michigan, or 
                 His Designee, Debatable for 10 Minutes

  Title V, section 5203(d)(1) of the bill, in the matter 
proposed to be inserted in section 507 of title 23, United 
States Code, strike ``a national research agenda for the 
program'' and insert ``the national research agenda as set 
forth in the Transportation Research Board Special Report 268 
as described in subsection (e)''.
  Strike subsection (e) and insert the following:
  ``(e) Contents.--The program established under subsection 
(d)(1) shall solely carry out research and development called 
for in the Transportation Research Board Special Report 268, 
entitled `Surface Transportation Environmental Research: A 
Long-Term Strategy', published in 2002, which included the 
following research and development areas:
          ``(1) Human Health.
          ``(2) Ecology and Natural Systems.
          ``(3) Environmental and Social Justice.
          ``(4) Emerging Technologies.
          ``(5) Land Use.
          ``(6) Planning and Performance Measures.
                              ----------                              


    20. An Amendment To Be Offered by Representative Bradley of New 
          Hampshire, or His Designee, Debatable for 10 Minutes

    Add at the end the following new section:

SECTION 1. VEHICLE WEIGHT LIMITATIONS.

  (a) The next to the last sentence of section 127(a) of title 
23, United States Code, is amended by striking ``Interstate 
Route 95'' and inserting ``Interstate Routes 89, 93, and 95''.
  (b)(1) In General.--In consultation with the Secretary of 
Transportation, the State of New Hampshire shall conduct a 
study analyzing the economic, safety, and infrastructure 
impacts of the exemption provided by the amendment made by 
subsection (a), including the impact of not having such an 
exemption. In preparing the study, the State shall provide 
adequate opportunity for public comment.
  (2) Funding.--There is authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit Account) 
$250,000 for fiscal year 2004 to carry out the study.
  (3) Applicability of Title 23, United States Code.--Funds 
authorized by this section shall be available for obligation in 
the same manner as if such funds were apportioned under chapter 
1 of title 23, United States Code; except that such funds shall 
remain available until expended.
                              ----------                              


 21. An Amendment To Be Offered by Representative Kirk of Illinois, or 
                 His Designee, Debatable for 10 Minutes

  Insert the following at the appropriate place:

SEC. ___. STATE AUTHORITY.

  Section 20153 of title 49, United States Code, is amended by 
adding at the end the following new subsection:
  ``(k) State Authority.--
          ``(1) In general.--Upon application of the Governor 
        of a State, a State may assume responsibility for 
        determining the circumstances under which to require 
        the sounding of a locomotive horn when a train 
        approaches and enters upon public highway-rail grade 
        crossings, and for enforcing such requirements.
          ``(2) Review.--The Secretary shall review any program 
        established by a State pursuant to paragraph (1) every 
        5 years, and if the Secretary determines that the State 
        program inadequately protects rail, vehicular, and 
        pedestrian safety the Secretary shall, after providing 
        the State with 24 months notice of such determination, 
        implement regulations issued by the Secretary under 
        this section in lieu of such State program.''.
                              ----------                              


22. An Amendment To Be Offered by Representitive Kennedy of Minnesota, 
               or His Designee, Debatable for 20 Minutes

  Title I, amend section 1209 to read as follows (and conform 
the table of contents accordingly):

SEC. 1209. REPEAL.

  Section 1012(b) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) is 
repealed.
  Title I, strike sections 1603 and 1604 and insert the 
following (and conform the table of contents of the bill 
accordingly):

SEC. 1603. FAST FEES.

  (a) In General.--Subchapter I of chapter 1 of title 23, 
United States Code, as amended by section 1208 of the bill, is 
amended by adding at the end the following:

``Sec. 168. FAST fees

  ``(a) Establishment.--The Secretary shall establish and 
implement an Interstate System FAST Lanes program under which 
the Secretary, notwithstanding sections 129 and 301, shall 
permit a State, or a public or private entity designated by a 
State, to collect fees to finance the expansion of a highway, 
for the purpose of reducing traffic congestion, by constructing 
1 or more additional lanes (including bridge, support, and 
other structures necessary for that construction) on the 
Interstate System.
  ``(b) Eligibility.--To be eligible to participate in the 
program, a State shall submit to the Secretary for approval an 
application that contains--
          ``(1) an identification of the additional lanes 
        (including any necessary bridge, support, and other 
        structures) to be constructed on the Interstate System 
        under the program;
          ``(2) in the case of 1 or more additional lanes that 
        affect a metropolitan area, an assurance that the 
        metropolitan planning organization established under 
        section 134 for the area has been consulted during the 
        planning process concerning the placement and amount of 
        fees on the additional lanes; and
          ``(3) a facility management plan that includes--
                  ``(A) a plan for implementing the imposition 
                of fees on the additional lanes;
                  ``(B) a schedule and finance plan for 
                construction, operation, and maintenance of the 
                additional lanes using revenues from fees (and, 
                as necessary to supplement those revenues, 
                revenues from other sources); and
                  ``(C) a description of the public or private 
                entities that will be responsible for 
                implementation and administration of the 
                program.
  ``(c) Requirements.--The Secretary shall approve the 
application of a State for participation in the program after 
the Secretary determines that, in addition to meeting the 
requirements of subsection (b), the State has entered into an 
agreement with the Secretary that provides that--
          ``(1) fees collected from motorists using a FAST lane 
        shall be collected only through the use of noncash 
        electronic technology;
          ``(2) all revenues from fees received from operation 
        of FAST lanes shall be used only for--
                  ``(A) debt service relating to the investment 
                in FAST lanes;
                  ``(B) reasonable return on investment of any 
                private entity financing the project, as 
                determined by the State;
                  ``(C) any costs necessary for the 
                improvement, and proper operation and 
                maintenance (including reconstruction, 
                resurfacing, restoration, and rehabilitation), 
                of FAST lanes and existing lanes, if the 
                improvement--
                          ``(i) is necessary to integrate 
                        existing lanes with the FAST lanes;
                          ``(ii) is necessary for the 
                        construction of an interchange 
                        (including an on- or off-ramp) from the 
                        FAST lane to connect the FAST lane to--
                                  ``(I) an existing FAST lane;
                                  ``(II) the Interstate System; 
                                or
                                  ``(III) a highway; and
                          ``(iii) is carried out before the 
                        date on which fees for use of FAST 
                        lanes cease to be collected in 
                        accordance with paragraph (6); or
                  ``(D) the establishment by the State of a 
                reserve account to be used only for long-term 
                maintenance and operation of the FAST lanes;
          ``(3) fees may be collected only on and for the use 
        of FAST lanes, and may not be collected on or for the 
        use of existing lanes;
          ``(4) use of FAST lanes shall be voluntary;
          ``(5) revenues from fees received from operation of 
        FAST lanes may not be used for any other project 
        (except for establishment of a reserve account 
        described in paragraph (2)(D) or as otherwise provided 
        in this section);
          ``(6) on completion of the project, and on completion 
        of the use of fees to satisfy the requirements for use 
        of revenue described in paragraph (2), no additional 
        fees shall be collected; and
          ``(7)(A) to ensure compliance with paragraphs (1) 
        through (5), annual audits shall be conducted for each 
        year during which fees are collected on FAST lanes; and
          ``(B) the results of each audit shall be submitted to 
        the Secretary.
  ``(d) Apportionment.--
          ``(1) In general.--Revenues collected from FAST lanes 
        shall not be taken into account in determining the 
        apportionments and allocations that any State or 
        transportation district within a State shall be 
        entitled to receive under or in accordance with this 
        chapter.
          ``(2) No effect on state expenditure of funds.--
        Nothing in this section affects the expenditure by any 
        State of funds apportioned under this chapter.''.
  (b) Conforming Amendment.--
          (1) The analysis for subchapter I of chapter 1 of 
        title 23, United States Code, is amended by inserting 
        after the item relating to section 167, as added by 
        section 1208 of the bill, the following:

``168. FAST fees.''.

          (2) Section 301 of title 23, United States Code, is 
        amended by inserting after ``tunnels,'' the following: 
        ``and except as provided in section 168,''.

SEC. 1604. TOLL FEASIBILITY.

  Section 106 of title 23, United States Code, as amended by 
section 1605 of this bill, is further amended by adding at the 
end the following:
  ``(j) Toll Feasibility.--The Secretary shall select and 
conduct a study on a project under this title that is intended 
to increase capacity, and that has an estimated total cost of 
at least $50,000,000, to determine whether--
          ``(1) a toll facility for the project is feasible; 
        and
          ``(2) privatizing the construction, operation, and 
        maintenance of the toll facility is financially 
        advisable (while retaining legal and administrative 
        control of the portion of the applicable Interstate 
        route).''.
                              ----------                              


23. An Amendment To Be Offered by Representative Isakson of Georgia, or 
                 His Designee, Debatable for 40 Minutes

  In section 1101(a) of the bill, strike paragraphs (1) through 
(3) and insert the following:
          (1) Interstate maintenance program.--For the 
        Interstate maintenance program under section 119 of 
        title 23, United States Code, $4,478,227,346 for fiscal 
        year 2004, $4,551,839,370 for fiscal year 2005, 
        $4,644,155,590 for fiscal year, 2006, $4,742,741,342 
        for fiscal year 2007, $4,859,076,291 for fiscal year 
        2008, and $4,966,297,676 for fiscal year 2009.
          (2) National highway system.--For the National 
        Highway System under section 103 of that title, 
        $5,373,872,608 for fiscal year 2004, $5,462,206,628 for 
        fiscal year 2005, $5,572,986,299 for fiscal year 2006, 
        $5,691,289,610 for fiscal year 2007, $5,830,891,142 for 
        fiscal year 2008, and $5,959,556,398 for fiscal year 
        2009.
          (3) Bridge program.--For the bridge program under 
        section 144 of that title, $3,842,568,497 for fiscal 
        year 2004, $3,905,731,625 for fiscal year 2005, 
        $3,984,944,542 for fiscal year 2006, $4,069,536,089 for 
        fiscal year 2007, $4,169,358,435 for fiscal year 2008, 
        and $4,261,359,876 for fiscal year 2009.
  In section 1101(a) of the bill, strike paragraphs (5) and (6) 
and insert the following:
          (5) Surface transportation program.--For the surface 
        transportation program under section 133 of that title, 
        $6,269,517,870 for fiscal year 2004, $6,372,574,913 for 
        fiscal year 2005, $6,501,817,007 for fiscal year 2006, 
        $6,639,837,878 for fiscal year 2007, $6,802,707,011 for 
        fiscal year 2008, and $6,952,816,137 for fiscal year 
        2009.
          (6) Congestion mitigation and air quality improvement 
        program.--For the congestion mitigation and air quality 
        improvement program under section 149 of that title, 
        $1,522,597,463 for fiscal year 2004, $1,547,652,365 for 
        fiscal year 2005, $1,579,013,023 for fiscal year 2006, 
        $1,612,531,852 for fiscal year 2007, $1,652,086,163 for 
        fiscal year 2008, and $1,688,541,453 for fiscal year 
        2009.
  In section 1104(a) of the bill, insert ``and'' at the end of 
paragraph (1).
  In section 1104(a) of the bill, strike paragraph (2).
  In section 1104(a)(3) of the bill, in the matter proposed to 
be inserted, insert ``projects of national and regional 
significance,'' after ``highway safety improvement,''.
  In section 1104(b) of the bill, insert ``and'' at the end of 
paragraph (1).
  In section 1104(b) of the bill, strike paragraph (2).
  In section 1104(b)(3) of the bill, in the matter proposed to 
be inserted, insert ``projects of national and regional 
significance,'' after ``highway safety improvement,''.
  At the end of subtitle G of title I, add the following (and 
conform the table of contents accordingly):

SEC. 1703. SPECIAL RULE.

  For purposes of calculating the minimum guarantee allocation 
of a State for a fiscal year under section 105 of title 23, 
United States Code, the Secretary shall not include any amounts 
received by the State for the project numbered 911 in the table 
contained in section 1702 and $17,000,000 of the amount 
received by the State for the project numbered 1061 in such 
table.

                                
